E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, WEDNESDAY, OCTOBER 13, 1999 No. 138 House of Representatives The House met at 10 a.m. WELCOMING RABBI RONALD D. SAVE AMERICA’S SCHOOLS FROM Rabbi Ronald D. Gerson, Congrega- GERSON, GUEST CHAPLAIN VIOLENCE tion Children of Israel, Athens, Geor- (Mr. LINDER asked and was given (Mr. GILMAN asked and was given gia, offered the following prayer: permission to address the House for 1 O Lord, Ruler of our Nation and all permission to address the House for 1 minute and to revise and extend his re- nations, gathered in this hallowed minute and to revise and extend his re- marks.) Chamber, the indomitable spirit of Co- marks.) Mr. GILMAN. Mr. Speaker, all of us lumbus, remembered this week, should Mr. LINDER. Mr. Speaker, the pray- are duly concerned about the alarming move both legislators and constituents. rise in school violence, and I am It reminds us how the quality of explo- er this morning was offered by Rabbi pleased to report that the American ration has crowned our country’s past Ronald D. Gerson, who comes to us Medical Association Alliance in con- and emboldened its future with hope, today from my district in Athens, enriched by the monumental vision of Georgia, the largest city in the Elev- junction with the New York State Med- our Founding Fathers who were in- enth District of Georgia. Rabbi Gerson ical Society is resolved to do some- spired by Thy holy word. has been a rabbi for a quarter of a cen- thing important about it. Today, com- May we in this land continue our ex- tury and now serves at Congregation munities throughout our Nation are joining in announcing this new pro- ploration. May we continue to reach Children of Israel in Athens, Georgia. I gram, Save America’s Schools From new destinations of justice and peace am delighted to introduce him to the Violence, which recognizes that guns in in our Nation and in the world. House of Representatives and thank Heavenly Father, as we strive to new the playground are only a part of the him for his inspiring words of prayer horizons in our country’s glory, guide problem. Solutions such as turning off us through the admonition of the for today’s session. violent television programs, ignoring prophet Mica to do justly, to love Rabbi Gerson has devoted his life to music with violent or provocative mercy, and to walk humbly with our public and spiritual service, and I was lyrics, avoiding violent videos and God. honored to first meet Rabbi Gerson computer games and engaging in con- Amen. when I visited his congregation a cou- structive play will be encouraged f ple of years ago. I want to also recog- throughout this 1-year initiative. nize his wife and daughter and brother- School violence takes many forms, THE JOURNAL from name calling, to pushing, to bul- in-law who are visiting today also, and The SPEAKER. The Chair has exam- lying. Over 3 million crimes were com- I have been informed that Rabbi ined the Journal of the last day’s pro- mitted against teenagers in schools in Gerson’s mother, who lives in Cali- ceedings and announces to the House 1996 including robbery, theft, van- his approval thereof. fornia, is probably watching her son at dalism, rape, sexual battery, and phys- Pursuant to clause 1, rule I, the Jour- the early hour of 7 a.m. on the West ical attacks. The American Medical nal stands approved. Coast. Association Alliance’s goal is to make f His knowledge of the tradition of our schools a safe place for our chil- PLEDGE OF ALLEGIANCE faith and his ability to share his under- dren to learn to play and grow by send- The SPEAKER. Will the gentleman standing of it with others has found an ing the positive message that violence in our schools is unacceptable. from Texas (Mr. LAMPSON) come for- appreciative audience in Georgia and ward and lead the House in the Pledge today across the country and the world f of Allegiance. as he carries the eternal message to COMMENDATION OF DR. BERNARD Mr. LAMPSON led the Pledge of Alle- others. I am proud to share the floor MILSTEIN giance as follows: with Rabbi Gerson because of his reli- (Mr. LAMPSON asked and was given I pledge allegiance to the Flag of the gious convictions, his commitment to United States of America, and to the Repub- permission to address the House for 1 the service of others, and his faithful minute and to revise and extend his re- lic for which it stands, one nation under God, devotion to his congregation. I join all indivisible, with liberty and justice for all. marks.) my colleagues in the House in thank- f Mr. LAMPSON. Mr. Speaker, 20 years ing our distinguished guest chaplain ago a person of vision saw a way to im- ANNOUNCEMENT BY THE SPEAKER for bringing us an inspirational mes- prove the sight of many residents. With The SPEAKER. There will be 15 one- sage to commence this day of the his foresight and dedication the Gulf minutes on each side. House session. Coast branch of Prevent Blindness

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.

H9903

. H9904 CONGRESSIONAL RECORD — HOUSE October 13, 1999 Texas was formed and began its mis- lence affecting our young people, but Daimler-Benz. Chrysler is now a Ger- sion. Tonight, the Gulf Coast branch our communities are doing something man corporation, and upon merging will proudly celebrate its 20th anniver- about it. Today in San Luis Obispo, they said Americans will always have a sary with a gala event, and on this oc- California, and around this Nation, the strong voice in the new company’s casion the founder of the Gulf Coast American Medical Association Alliance leadership. branch of Prevent Blindness, Dr. Ber- is kicking off its save schools program. So much for the tooth fairy, Mr. nard Milstein, will be honored as this SAVE, which stands for Stop Amer- Speaker. The three top American ex- year’s person of vision. I commend Dr. ica’s Violence Everywhere, began in ecutives were replaced, and now the Milstein on this wonderful honor. 1995. This year the AMA alliance will German company announced they will Prevent Blindness Texas is the larg- focus its efforts directly on our invest $28 billion, all of it in Germany. est voluntary health organization in schools. In my district, the San Luis What is next, Mr. Speaker? Mercedes- Texas that takes proactive measures in Obispo Medical Society Alliance will Benz limousines for our White House? the prevention of blindness. Over the team up with the local high school stu- Beam me up. years Prevent Blindness Texas has pro- dents and a local homeless shelter. I yield back the billions of dollars vided free vision screening to almost Dedicated teenagers will mentor that Congress invested into what is one million Texas preschoolers and younger children in need and help them now a German company. screened well over 650,000 adults for learn to resolve their conflicts peace- f blinding glaucoma. The Gulf Coast fully. branch alone screened nearly 2,100 Mr. Speaker, I am especially proud NO TAX INCREASES OR RAIDS ON adults and children during the last fis- that the national president of the AMA THE SOCIAL SECURITY TRUST cal year. Nearly 500 Galveston resi- Alliance, Ann Hansen, lives in my dis- FUND dents were provided free eye exams and trict. I join Ann in offering this ral- (Mr. CHABOT asked and was given glasses from this branch last year, al- lying cry in the fight against school vi- permission to address the House for 1 most doubling the prior year. olence. Save today. This organization exists without gov- minute. f ernment funding or United Way fund- Mr. CHABOT. Mr. Speaker, notwith- ing because of the generosity of people PRESIDENT’S SCHEME TO RE- standing the unwavering opposition of who share in its vision of saving sight. STRICT ACCESS TO PUBLIC President Clinton and his free-spending Funds are raised locally and work lo- LANDS allies in this Congress, American tax- payers are now enjoying a budget sur- cally. My heartiest congratulations to (Mr. GIBBONS asked and was given Dr. Bernard Milstein and to Prevent plus for the first time in a generation. permission to address the House for 1 One might think that the President Blindness Texas. minute and to revise and extend his re- f would be willing to share some of that marks.) surplus with working American fami- PRESIDENT’S COMMITMENT JUST Mr. GIBBONS. Mr. Speaker, Amer- lies. After all, they created the surplus AS EMPTY AS H.R. 1 ica’s public lands are vital to the fu- with their hard work and their tax dol- ture of this Nation, and I have very se- (Mr. SHAW asked and was given per- lars. rious concerns about the President’s mission to address the House for 1 Tax relief perhaps? Not a chance. In- new scheme to restrict access to these minute and to revise and extend his re- credibly the White House instead pro- public lands. Most Americans recognize marks.) poses either, A, more taxes or, B, a raid Mr. SHAW. Mr. Speaker, it has been the value that public lands hold for its on the Social Security Trust Fund to now 10 months since the White House natural resources as well as the use pay for yet more government spending Conference on Social Security. During and development of those natural re- programs. that conference we pulled together, the sources for the quality of life we all Mr. Speaker, this is one Member of President pulled together, much to his enjoy, and no one can deny the oppor- Congress who is more than willing to credit, leadership from both sides of tunity that public lands hold for recre- stay here until Christmas if that is the aisle, the leadership in both par- ation. what it takes to stave off another tax ties. The chairman and the ranking Since these lands are in the public grab by the Clinton administration or member on the Committee on Ways domain, individual costs are low and a raid on the Social Security Trust and Means came together. I was there the lands are generally open for all of Fund. American families are taxed as a chairman of the Subcommittee on us to use and enjoy. Now we are seeing more than enough. Leave them alone, Social Security, and we promised to a fundamental shift in how our lands Mr. President, and keep your hands off work together in order to save Social are managed for our access. Histori- their Social Security. Stop the raid. cally, we have allowed the public to ac- Security. f The President at that point made a cess our lands in the public domain, commitment to us that he wanted to but unfortunately it appears the Presi- ANNOUNCEMENT BY THE SPEAKER take the lead and that he would be dent is setting a trend toward keeping PRO TEMPORE our public lands closed unless posted sending us legislation. Mr. Speaker, The SPEAKER pro tempore (Mr. today that commitment is just as open. This scheme is completely unac- LAHOOD). The Chair advises all Mem- empty as H.R. 1, which was reserved by ceptable to all Americans who use our public lands. To say the public cannot bers to address their remarks to the the Speaker of this House to place the Chair and not to the President. President’s Social Security bill, the access their lands unless the Federal Social Security reform bill, in place in Government gives them permission is f fundamentally opposite to the free- order to save Social Security for this EXPANDED INTERNET ACCESS IN doms our country was founded upon. country. We have been reaching out in WESTERN MASSACHUSETTS a bipartisan way to the Democrat side I yield back, Mr. Speaker, the bal- in order to do that. ance of the time I have and any access (Mr. NEAL of Massachusetts asked Mr. Speaker, it is time now for the America has to its public lands. and was given permission to address President to come forward and give the f the House for 1 minute and to revise leadership that this country needs to and extend his remarks.) DAIMLER-BENZ, A GERMAN Mr. NEAL of Massachusetts. Mr. save Social Security. COMPANY? f Speaker, the natural beauty of western (Mr. TRAFICANT asked and was Massachusetts is hardly a well-kept se- SAVE TODAY given permission to address the House cret. We are attracting more people (Mrs. CAPPS asked and was given for 1 minute and to revise and extend each day who seek the quality of life permission to address the House for 1 his remarks.) that is offered. However, there is some- minute.) Mr. TRAFICANT. Mr. Speaker, in the thing that we need in western Massa- Mrs. CAPPS. Mr. Speaker, Congress 1970s Congress bailed out Chrysler, and chusetts that would make our lives may be struggling to fight against vio- last year Chrysler merged with even better, and what we want is the October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9905 high-speed Internet connections that minute and to revise and extend her re- THE RED SOX, THE FINAL MAJOR our friends down the pike and in the marks.) LEAGUE BASEBALL WORLD Cape Cod area already have. Ms. MCKINNEY. Mr. Speaker, black CHAMPION OF THE MILLENIUM Our businesses, employers, and women who are pregnant are dying at (Mr. MARKEY asked and was given households have a serious interest in an alarming rate. Maternal death rates permission to address the House for 1 the Internet to win contracts, coordi- among black women are four times minute and to revise and extend his re- nate production and distribution, ex- those of whites. This represents the marks.) port entertainment, enhance edu- largest racial disparity in all public Mr. MARKEY. Mr. Speaker, the base- cation, and both to teach and learn at health. We need to know why. We need ball gods are smiling down upon Red the best medical centers. Right now to get data and improve standards of Sox Nation. The hardball heroes of there are too few capacity Internet care. Boston are in the process of lifting one data trunks that make the trek from A report released by the Centers for of the most vexing curses of all time, Boston to western Massachusetts. Disease Control and Prevention shows the curse of the Bambino. For the When we get a few high-capacity Inter- that for minority women, motherhood Fenway faithful, the curse has taken net trunks or backbones, as they are is deadly. The discrepancy of maternal on mythic proportions. It is Shake- called, we can take it from there. mortality rates between black and spearean, epical, Biblical, in the same b 1015 white women is bordering on a crisis. league as the curse of Macbeth, the Despite tremendous advances in the curse of King Tut’s tomb, or the curse We already have excellent fiberoptics last 20 years, we have failed to make of the Tower of Babel. within my district. This is why I sup- progress on maternal mortality. Mr. Speaker, today I join with the port legislation that provides an incen- I have joined the bipartisan effort to millions of Red Sox fans who are say- tive that is needed for expanded invest- close the gap of maternal mortality ing, wait until next year, no more. How ment in the Internet backbone into rates between black and white women will Pedro, Nomar, and the rest of Olde rural areas. Having a better choice pro- by cosponsoring the Safe Motherhood Towne Team meet this daunting chal- vides those who seek it stronger data Monitoring and Prevention Research lenge? They will blast away at the links that will make Western Massa- Act. Women have joined hands across Bronx Bombers in the House that Ruth chusetts an even better place to live. the aisle to support this bill. built. They will swarm the stadium and f This legislation is the cornerstone of swat the sultans’ spell. They will crush THE CAN SPAM ACT OF 1999 our effort to promote better health and the curse of the Bambino. to educate women about their preg- Mr. Speaker, this year is our year. (Mr. GARY MILLER of California nancies. Let us work to promote safe The Red Sox are about to have their asked and was given permission to ad- motherhood. millenium moment. The Indians could dress the House for 1 minute and to re- not stop them, the Yankees cannot vise and extend his remarks.) f stop them, and neither the Mets nor Mr. GARY MILLER of California. Mr. the Braves will be able to stop them as Speaker, I come to the floor today to NATIONAL BREAST CANCER they become the final Major League address my bill, H.R. 2162, the Can AWARENESS MONTH, AND THE Baseball world champions of the mil- Spam Act. Spam are the millions of un- RACE FOR THE CURE IN MIAMI lennium. The Sox in six, Mr. Speaker. solicited commercial e-mail messages (Ms. ROS-LEHTINEN asked and was This year we win the World Series. clogging up computer networks and the given permission to address the House f entire information superhighway. Thir- for 1 minute and to revise and extend ty percent of sample is pornography. her remarks.) THE NEW YORK TIMES RECOG- Another 30 percent is get-rich-quick Ms. ROS-LEHTINEN. Mr. Speaker, NIZES REPUBLICANS’ ROLE IN schemes, and much of that is targeted every 3 minutes a woman is diagnosed SAVING SOCIAL SECURITY towards senior citizens. with breast cancer, and astonishingly, TRUST FUND In effect, spam levies a tax on all 80 percent of these women will have no (Mr. BALLENGER asked and was Internet consumers by causing ISPs to known risk factors. Mr. Speaker, these given permission to address the House spend money on additional bandwidth, numbers can be simply translated to for 1 minute and to revise and extend hardware, as well as time and staff to say that every woman is at risk of de- his remarks.) deal with the bulk commercial e-mails. veloping breast cancer at some point Mr. BALLENGER. Mr. Speaker, I The increased costs are passed on to throughout her lifetime. would like to quote from today’s New consumers. We know that the key to defeating York Times: America Online estimates that 30 breast cancer is early detection ‘‘Surplus social security funds have percent of their costs are associated through self-exams, mammographies, functioned as money under the mat- with spam. This cost is passed onto and clinical tests. However, none of tress for Congress for four decades. consumers. That is like getting a post- these components can be beneficial if When general government revenues to age due letter that you do not want they are not regularly practiced. This run the Federal agencies run out, Con- and being forced to pay for it. month we celebrate national breast gress taps into the retirement funds. To combat this problem, I have intro- cancer awareness, where breast cancer Some outside experts say that social duced the Can Spam Act. This bill survivors and supporters will share in- security surpluses has had no effect on gives ISPs a civil right of action formation and raise funds to cure this its benefits. against spammers who violate their disease. ‘‘Republicans have been vowing al- published policy prohibiting spam. This Saturday, the YWCA of greater most daily never again to spend the They can litigate for $50 per message, Miami will host race for the cure, money. Speaker J. DENNIS HASTERT up to $25,000 per day for damages. That Miami 99, to benefit the Susan G. again promised today ‘never to return would also levy penalties on spammers Komen Foundation, a national organi- to the days when Democrats raided so- who hijack another person’s domain zation dedicated to the eradication of cial security.’ ’’ This is from the New name for the purpose of sending out breast cancer. This year’s race is dedi- York Times, of all things. unsolicited commercial e-mail. cated to the memory of Nancy Bossard, f We need to defend our constituents a Miami Dade County public school and the businesses in our districts from teacher who, sadly, lost her life to THE HATE CRIMES PREVENTION commercial advertising. breast cancer. ACT OF 1999 f Up to 75 percent of the race’s pro- (Mr. CROWLEY asked and was given ceeds will stay in our community to permission to address the House for 1 HIGH MATERNAL DEATH RATE support local breast cancer programs minute and to revise and extend his re- AMONG AMERICA’S BLACK WOMEN and to provide detection to equip marks.) (Ms. MCKINNEY asked and was given women in their battle against this Mr. CROWLEY. Mr. Speaker, I am permission to address the House for 1 deadly disease. proud to rise today and speak in favor H9906 CONGRESSIONAL RECORD — HOUSE October 13, 1999 of the Hate Crimes Prevention Act of Mr. WU. Mr. Speaker, school has minute and to revise and extend her re- 1999, which is cosponsored by myself been in session from anywhere from 11⁄2 marks.) and 184 of my colleagues. months to 2 months, and we have got Ms. DELAURO. Mr. Speaker, last Recently our country was shocked anywhere from 2 weeks to 2 months to week we passed a historic piece of leg- once again when a gunman entered a bring this budget cycle to a close. It is islation giving patients strong protec- Jewish community center in Los Ange- time to put America’s children first in- tions against HMO wrongdoing. We put les, California, shooting at innocent stead of last. medical decisions back where they be- children and workers with the intent of I have been working hard to reduce long, in the hands of doctors and pa- sending a message by killing Jews. class size by putting 100,000 teachers tients. Last year in Laramie, Wyoming, a into classrooms across America. We But the glow of our victory has young man was killed only because he clearly need smaller class sizes in my quickly faded. Today the insurance in- was gay. In Texas, an innocent man congressional district. Some of the dustry, HMOs, and the Republican was murdered and dragged through the newest schools have overcrowding leadership are garnering their forces to streets of Jasper just because he was problems already, even though they undermine the Patients’ Bill of Rights. an African-American. All of these inci- have only been open for a year or two. The chairman of the Committee on dents are hate crimes, and these do not At other facilities, they either have Commerce said yesterday that the bill, just affect the group that was killed, trailers in the parking lot and in the and I quote, ‘‘will never reach the but they affect all Americans. President’s desk.’’ Plans are underway I believe the Hate Crimes Prevention schoolyard, or else there has not been any new construction since 1927, in to bend, tear, and spindle these basic Act of 1999 is a constructive and meas- patient rights. ured response to a problem that con- some of the rural communities in my congressional district. Families with loved ones who are tinues to plague our Nation, violence sick need the Patients’ Bill of Rights. motivated by prejudice. We need the ability to build class- rooms where classrooms are needed. We They need it now. We should begin I know some people believe that hate work immediately to reconcile our bill is not an issue when prosecuting a need the ability to put additional qualified teachers into those class- with the other Chamber’s, and give pa- crime. They say our laws already pun- tients the ability to choose their own rooms. We need to put America’s chil- ish the criminal act and that our laws doctors, guaranteed access to emer- dren first, instead of last. We need to are strong enough. I answer with the gency and specialty care, the right to get that taken care of in the next 30 to most recent figure from 1997, when make health decisions with their doc- 60 days in this Congress. 8,049 hate crimes were reported in the tors, and the ability to hold HMOs ac- United States. f countable. f REDUCING BLOATED FEDERAL Last week’s victory was one battle in REPUBLICANS BALANCE THE GOVERNMENT WILL KEEP SO- the war for strong patient protections. BUDGET WITHOUT RAIDING SO- CIAL SECURITY TRUST FUND The American people deserve the Pa- CIAL SECURITY SAFE tients’ Bill of Rights, and they deserve it now. (Mr. HAYWORTH asked and was (Mr. TIAHRT asked and was given f given permission to address the House permission to address the House for 1 for 1 minute and to revise and extend minute and to revise and extend his re- SOCIAL SECURITY LOCKBOX BILL his remarks.) marks.) HELD HOSTAGE BY FILIBUSTERS Mr. HAYWORTH. Mr. Speaker, I Mr. TIAHRT. Mr. Speaker, how sweet (Mr. PITTS asked and was given per- would echo the comments of my col- it is. This year the Republican Con- mission to address the House for 1 league, the gentleman from North gress will balance the budget without minute and to revise and extend his re- Carolina, and would call to the atten- spending the social security trust fund. marks.) tion of this House, and by extension, This is the second year in a row. Most Mr. PITTS. Mr. Speaker, on May 6 of the American people, the headline people are surprised to find that out. It this year, 139 days ago, I joined with which appears in the New York Times has not been easy. We have made some 415 of my colleagues here in the House today. I quote it: ‘‘Budget Balances tough choices. We have taken some in supporting H.R. 1259, the social secu- Without Customary Raid on Social Se- harsh criticism from our opponents, rity lockbox bill. curity.’’ from the media, and even from our The fight to stop the raid on social Granted, Mr. Speaker, the Times friends. security in this year’s budget debate tried to bury this on page A–18, but Yes, it has been tough, and it is not offers the best possible reason for pass- even the writer of the article says that over this year. The administration has ing the social security lockbox bill. If this is enormous, this is of enormous a different idea. The President says we the lockbox were in place this year, the import. Here is the reason why, Mr. can spend more money. All we have to Speaker. For the first time in 40 years, big spenders would have to think twice do is dip into social security, like a this Congress has balanced the budget before trying to go after the funds that bear dips into a jar of honey. It is easy, without using social security funds. In- rightly should be set aside for the sen- and if we do not like that, well, we will deed, there is a surplus of $1 billion. iors of today and tomorrow. We must Now, Mr. Speaker, let us take a walk just raise taxes. stop balancing the Federal budget on down memory lane. For those 40 years, Mr. Speaker, that would be a bitter the backs of our seniors and our social we had four Republicans in the White pill. We do not need to dip into the jar security trust fund. House and four Democrats, but also, of honey and we do not need to take a Unfortunately, Members of the mi- for those 40 years, we had the liberals bitter pill to stop the raid on the social nority in the other body refuse to allow in control who spent 100 percent of the security trust fund. All we need to do this bill to be brought to the floor for social security surplus on an annual is put our overweight Federal Govern- a vote. Six times there has been an ef- basis and drove us further into debt. ment on a diet and reduce its consump- fort to end the filibuster. Six times Mr. Speaker, this is enormous news. tion. Then we will stop the raid on the that effort has failed. The social secu- We have balanced the budget, we have social security trust fund, take care of rity lockbox bill has been held hostage generated a surplus, and we have those truly in need, and balance the for 139 days. One hundred and thirty- stopped the raid on social security Federal budget. How sweet it is, Mr. nine days is long enough. It is time for trust funds. Speaker. the other body to act. f f f WE NEED TO PUT AMERICA’S THE INSURANCE INDUSTRY, HMOS, RURAL AMERICA AND THE POOR CHILDREN FIRST INSTEAD OF AND THE REPUBLICANS WORK REMAIN LEFT OUT OF HIGH- LAST TO UNDERMINE THE PATIENTS’ SPEED DIGITAL INTERNET AC- (Mr. WU asked and was given permis- BILL OF RIGHTS CESS sion to address the House for 1 minute (Ms. DELAURO asked and was given (Mr. TAUZIN asked and was given and to revise and extend his remarks.) permission to address the House for 1 permission to address the House for 1 October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9907 minute and to revise and extend his re- WHEN WILL H.R. 1 BE DELIVERED Carolina (Mrs. MYRICK) is recognized marks.) TO THE HOUSE? for 1 hour. Mr. TAUZIN. Mr. Speaker, a study (Mr. OSE asked and was given per- Mrs. MYRICK. Mr. Speaker, for the here in Washington by Legg-Mason re- mission to address the House for 1 purpose of debate only, I yield the cus- cently reported that we are about to minute.) tomary 30 minutes to the gentleman become a Nation of haves and have- Mr. OSE. Mr. Speaker, I rise today to from Texas (Mr. FROST), pending which nots in the worst way. That report says inquire when are we going to get H.R. I yield myself such time as I may con- that as long as 3 years into the next 1 delivered to this House? When I ar- sume. During consideration of this res- millenium, one-half of America will rived here in January, one of the olution, all time yielded is for the pur- still be deprived of high-speed digital things we did out of respect for the ad- pose of debate only. Internet access. ministration was reserve H.R. 1 for the Mr. Speaker, yesterday the Com- mittee on Rules met and granted a nor- That means that for half of America, President’s plan on Social Security. It mal conference report rule for H.R. our families, our businesses, will not is now the middle of October, and the 2561, the Fiscal Year 2000 Department have access to the Information Age, President’s plan is still absent. of Defense Appropriations Act. The while the other half of America will When can we expect the delivery of rule waives all points of order against have good, competitive service. Guess H.R. 1 from the administration? the conference report and against its who is left out? Rural America, the f consideration. In addition, the rule poor, the impoverished parts of our FIRST EVER CLEAN AUDIT OPIN- provides that the conference report country. It means that for half of ION OF U.S. HOUSE FINANCIAL shall be considered as read. America, they will either have a single RECORDS This should not be a controversial monopoly provider or no provider at rule. It is a type of rule that we grant all. (Mr. SMITH of Michigan asked and for every conference report that we Why? Because of old laws that still was given permission to address the House for 1 minute.) consider in the House. exist on the books to regulate long-dis- Mr. Speaker, yesterday’s military tance and local phone companies. Mr. SMITH of Michigan. Mr. Speak- er, when we drafted the Contract with coup in Pakistan was a reminder to all Those old laws restricting competition of us that we live in an unstable world. in those areas are going to hold back America in 1994, we promised to con- duct public audits of the House books We cannot ignore national defense. the deployment of high speed to half of This appropriations bill, as well as the America. and records, but in 1995 PricewaterhouseCoopers could not even defense authorization bill which the Members should try to explain to a render an opinion. The records, and I President recently signed into law, is a business in their district, if they live in should say the lack of records, were de- strong step forward as we work to take rural America, like I do, that has to plorable. Millions of dollars were care of our military personnel and pro- shut down because it cannot get access tracked on handwritten ledgers with vide for our national defense. to the Internet. Explain to a family numbers scratched out and written in We have a long way to go, but H.R. that cannot get their children educated different ink colors. Supplies and 2561 fully funds a 4.6 percent military that they did not do anything about it. equipment were purchased without pay raise so that we can get some of It is time to change those old laws competitive bidding. There was $14 mil- our enlisted men and their families off and to end this system of haves and lion in over-budget spending. There of food stamps. It provides $1.1 billion have-nots in America. were problems with the post office and more than the President requested for the House bank. the purchase of weapons and equipment f After a great deal of work to clean up and it sets aside funding for a national the mess and start keeping records missile defense system so that we can protect ourselves from terrorist na- b 1030 under the guidelines of general ac- counting principles, this fall we re- tions. This is a good bill. I urge my col- ceived a totally clean bill of financial WE HAVE REACHED THE leagues to support the rule and to sup- health. For the first time ever, the PROMISED LAND, FOR NOW port the underlying conference report, House books are clean, open to the pub- because now more than ever we must (Mr. STEARNS asked and was given lic, and follow those principles. improve our national security. permission to address the House for 1 We are committed to the highest Mr. Speaker, I reserve the balance of minute and to revise and extend his re- standards of integrity and full account- marks.) my time. ability to taxpayers, including bal- Mr. FROST. Mr. Speaker, I yield my- Mr. STEARNS. Mr. Speaker, we have ancing the budget without using the self such time as I may consume. reached the promised land for now. The Social Security trust fund surplus. Mr. Speaker, I rise in support of this Federal Government, for the first time, f rule and this conference report; but, the first time since 1960, balanced its CONFERENCE REPORT ON H.R. 2561, first and foremost, I rise in support of budget in the just-ended year without the men and women who serve the Na- tapping Social Security. The Congres- DEPARTMENT OF DEFENSE AP- PROPRIATIONS ACT, 2000 tion faithfully, as well as members of sional Budget Office reported that yes- our armed services. They are the ones Mrs. MYRICK. Mr. Speaker, by direc- terday. who, when called upon, will be required tion of the Committee on Rules, I call Now, this is very, very important. to sacrifice their lives so that we may up House Resolution 326, and ask for its Those people who paid their money continue to live in freedom; and this immediate consideration. into Social Security in the form of conference report, Mr. Speaker, fulfills The Clerk read the resolution, as fol- taxes now can realize that they are a commitment to them which I am lows: protected, they are secure. Quote, ‘‘We proud to support. stopped the raid on Social Security. H. RES. 326 Mr. Speaker, this conference report There is no going back,’’ end quote. Resolved, That upon adoption of this reso- contains a package of pay and retire- That is what our leader, the gentleman lution it shall be in order to consider the ment improvements which keeps faith from Texas (Mr. ARMEY), said. And this conference report to accompany the bill with our men and women in uniform. is what Robert Reischauer of the (H.R. 2561) making appropriations for the De- partment of Defense for the fiscal year end- This conference report contains the Brookings Institution said, ‘‘In a sense ing September 30, 2000, and for other pur- largest military pay raise in 18 years, what we have done is we have reached poses. All points of order against the con- as well as funding for a change in pay the promised land and it will become ference report and against its consideration scales and a series of pay and bonus in- an issue of who lost the promised are waived. The conference report shall be centives. These pay increases, bonuses, land.’’ considered as read. and other incentives prove our commit- Republicans are committed. Stop the The SPEAKER pro tempore (Mr. ment to a better quality of life for our raid on Social Security. LAHOOD). The gentlewoman from North military personnel and their families. H9908 CONGRESSIONAL RECORD — HOUSE October 13, 1999 As an editorial in the Fort Worth Star fill in the next century, and the con- the appropriations bill is out ahead of Telegram noted on Monday, when the ference agreement is a vast improve- the authorizations bill, and so they can President signed the National Defense ment over the zero funding that was in accept statements like this because Authorization Act last week, he said the House-passed bill. The conference they are out ahead, but that is not the the excellence of our military is the di- agreement also provides for $246 mil- case this year. The authorization bill is rect product of the excellence of our lion to build ten F–16–C fighters, as first. It has been signed by the Presi- men and women in uniform. This bill well as $283 million for F–16 modifica- dent. The Committee on Rules, I asked invests in that excellence. tions and upgrades. The bill also pro- in the Committee on Rules that they I believe, Mr. Speaker, the same vides $302 million for upgrades for the make these authorizations subject to a holds true for this conference report. B–2 bomber fleet and $856 million for point of order so that we could at least The conferees are to be commended for the acquisition of 12 V–22 Osprey get to these things and determine ensuring that quality of life, benefits tiltrotor aircraft and $183 million for whether or not we want to do them or and training for the soldiers, sailors, additional research and development not. The Committee on Rules did not airmen, and Marines, upon whom we on the V–22. do that. depend for our national security, are The conference agreement provides This is bad policy. This is a bad way squarely addressed. There is much left for a total of $267.8 billion for the De- to do our business here on the House to do, but I believe the provision of the partment of Defense in the first fiscal Floor. It raises the question of whether 4.8 percent pay increase is a solid be- year of the new century. The conferees or not we need an authorization com- ginning. Incentives to retain our most have done the best with the funds mittee and a Committee on Appropria- skilled military personnel are also in available to them but, Mr. Speaker, we tions if the Committee on Appropria- the bill; but, again, there is still much have found ourselves in the unenviable tions is going to do it all. to do to ensure that we not continue to position of making trade-offs and de- So, Mr. Speaker, I would request that lose men and women who have the laying the funding for needed mod- we would reject this rule and come skills and experience that are so crit- ernization programs while at the same back with a rule that would give us an ical to maintaining a fighting force time the needs of our military continue opportunity to deal with this blanket that can quickly and effectively re- to grow as our obligations as the authorization which is being done in an spond to any emergency or who can world’s only superpower continue to appropriations bill. sustain a long-term effort. expand. This bill is a good bill as far as b 1045 The ranking member of the Com- it goes, but I believe that in future Mr. FROST. Mr. Speaker, I yield 6 mittee on Armed Services, the gen- years the Congress must make every minutes to the gentleman from Wis- tleman from Missouri (Mr. SKELTON), effort to continue to fund the needed consin (Mr. OBEY), the ranking member early this year called 1999 the Year of programs that will ensure our national on the Committee on Appropriations. the Troops. This bill lives up to the security. Mr. OBEY. Mr. Speaker, first of all, I commitments we as a body made ear- Mr. Speaker, I urge the House to want to congratulate the gentleman lier this year; but this is not the end of adopt this rule and to adopt the con- from California (Mr. LEWIS) and the the story, Mr. Speaker, because there ference report. This bill is good for our gentleman from Pennsylvania (Mr. is still much to be done. In spite of the country and deserves our support. MURTHA) for doing their dead-level best constraints on our budget, we must all Mr. Speaker, I reserve the balance of to bring new thinking to this bill. make a commitment to continue to my time. They tried mightily, for instance, on improve the quality of life for our mili- Mrs. MYRICK. Mr. Speaker, I yield 3 the issue of the F–22, because they rec- tary personnel and their families. Con- minutes to the gentleman from Colo- ognized that, if we are putting all of sidering how much we ask of them, this rado (Mr. HEFLEY). our money in that basket, we do not is the least that we can do. Mr. HEFLEY. Mr. Speaker, I rise in have enough money to provide other The conference agreement also pro- opposition to the rule, and I do this high priority needs that our defense vides for those weapons systems that based on a provision that is in the bill, posture very badly needs. our military men and women will man section 8160, which makes the state- They have been partially successful, and operate, and in particular this bill ment, ‘‘Notwithstanding any other pro- and I congratulate them for that. I rec- reflects a workable compromise on the vision of law, all military construction ognize that they could not go as far as future of the F–22 stealth fighter. projects for which funds were appro- they needed to go because of con- While I would certainly have preferred priated in Public Law 106–52 are hereby straints imposed upon them by the that full funding for production of the authorized.’’ leadership of this House. I regret that. first six F–22 fighters be included in In other words, in an appropriations I think we should have gone further. this bill, the agreement does provide bill they are saying that anything we But I want to take the time of the $750 million for the development of a want to do is okay to do and we will as- House today to give my colleagues a test aircraft which will be subjected to sume that they were authorized. Now, more basic reason for my concern rigorous tests prior to going forward this is not unusual. We do this often in about this bill. I am not going to vote with full scale acquisition. Also in- bills. In fact, there are many commit- for this bill in the end because I do not cluded is $277 million for the purchase tees who do not do an authorization believe in supporting legislation which of components for advanced procure- bill and then an appropriations bill, in the end conveys a falsehood to the ment of ten F–22s if the test aircraft but that is not the case with defense. American people. meets the test thresholds established We work very hard to do an authoriza- When we had President Reagan ram in the conference agreement and pro- tion bill. We struggle with that. We his budget through here in 1981 and be- vides the $1.2 billion requested by the have endless hours of hearings with yond, I opposed those budgets in very President for further research and de- that. We come up with a bipartisan, it large part because they promised some- velopment of the aircraft. is almost always a unanimous, vote. thing that they could not deliver. They Mr. Speaker, production of this air- Certainly in my committee it is always promised that they would balance the craft is the number one modernization a unanimous vote on the authorization budget in 4 years. Instead, they pro- priority of the Air Force. This program process. Then we go to the full com- duced the largest deficits in the history has received the unqualified endorse- mittee, and it is almost always a unan- of the country. ment of the entire Joint Chiefs, as well imous vote. When we had the budget agreement as all 10 war fighting commanders in So we have struggled with these in 1997, which was signed by the Presi- chief. things, trying to authorize the things dent and pushed through the Congress The Secretary of Defense has called that really do make sense, that are by then Speaker Gingrich, I did not the F–22 the cornerstone of our Na- good public policy. support it and called it a public lie, be- tion’s global air power in the 21st Cen- Then we go through the conference cause, in my view, it promised things tury. Mr. Speaker, no other aircraft in process, and we struggle with the Sen- that would never take place. In fact, our current arsenal will be able to ful- ate, and we come out, and we have an time has demonstrated that the doubts fill the role that the F–22 is designed to authorization bill. Now, many times about that bill were correct. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9909 Now, we have a new situation. We coming year, by engaging in all of administration to renew the U.S. Paki- have the Republican majority telling these phony accounting gimmicks. stan military relationship. the country that they do not want to That is happening, no question about Although the Arms Export Control sit down in an omnibus negotiation it, at the direct direction of the leader- Act waivers would theoretically apply with the President on all remaining ship of this House. I think it brings dis- both to India and Pakistan, with con- bills because, if they did, they say we credit to the entire process. It brings gressional notification, I am concerned will wind up just like last year where discredit to this institution. that that goal is to renew military as- we had some $21 billion in emergency Whatever we pass ought to be on the sistance to Pakistan. I hope that the spending rammed into last year’s om- level. This bill is as far from being on administration would not help Paki- nibus appropriation bill. the level in terms of being honest with stan militarily thereby putting India First of all, that misreads history, budget numbers as any I have seen in a at risk. Likewise, I hope that any steps because, in fact, that number was driv- long time. This and the Departments of against Pakistan would not be matched en up substantially by then Speaker Labor, Health and Human Services, by corresponding actions against India. Gingrich who insisted that, whatever and Education and Related Agencies The conference report also provides increases we had on the domestic side appropriations bill, which has all kinds for extended waiver authority of the be matched on the military and intel- of similar gimmicks, are two reasons Glenn Amendment economic sanctions. ligence side, whether we needed them which demonstrate that, when it comes I have lobbied for a suspension, if not or not. So they wound up spending $21 to telling the truth, this House gets a an outright appeal, of the Glenn billion on emergencies. flunking grade. amendment. But, ironically, this year, this Repub- Mr. FROST. Mr. Speaker, I yield 3 I am glad that the conference took lican House has already spent $24.2 bil- minutes to the gentleman from New action on the Glenn sanctions. Extend- lion and designated them as emer- Jersey (Mr. PALLONE). ing the waiver is a positive step, but I gencies. They spent $8.7 billion on agri- Mr. PALLONE. Mr. Speaker, I thank just think we could have gone a little culture and declared it an emergency. the gentleman from Texas (Mr. FROST) further. They spent $7.2 billion in this bill on for yielding me this time. I also want to thank the conferees for defense, declared it emergency. They Mr. Speaker, I do intend to support another positive provision, a sense of spent $4.5 billion on the census. They the rule and the conference report, but the Congress resolution that the broad declared it an emergency. Low-income I wanted to express my concerns about application of export controls to nearly heating assistance, which has only some particular provisions concerning 300 Indian and Pakistani entities listed been around for 24 years, they declared U.S. policy in South Asia. on the so-called Entities List, which is that an emergency at $1.1 billion. They The conference report language that adopted by the Bureau of Export Ad- declared $2.5 billion in FEMA as an would give the President authority to ministration, is inconsistent with the emergency. They declared half a billion waive certain sanctions against India specific national security interest of dollars in bioterrorism as an emer- and Pakistan, including the prohibi- the U.S., and that this list requires re- gency for a grand total of $24.2 billion. tion on U.S. military assistance to finement. So they have already spent more in Pakistan mandated by the Pressler There is also language that these ex- emergencies than we spent last year. Amendment, as well as other arms port controls should be applied only to Yet, they claim the reason they do not transfer controls. those entities that make direct and want to negotiate with the President is While I have long supported lifting material contributions to weapons of to avoid that which they have already the economic sanctions against India mass destruction and missile programs done. That strange logic makes sense and Pakistan, which the conference re- and only to those items that so con- only, I guess, on this floor. port also addresses, I am concerned the tribute. I would also point out that, in this provisions in the conference report The BXA went way too far in black- bill, this bill pretends to spend $249 bil- would result in a renewal of U.S. arms listing entities with little or no con- lion in outlays. In fact, when we take transfers to Pakistan. nection to nuclear or missile programs. into account all of the gimmicks, it Mr. Speaker, yesterday we were re- So, Mr. Speaker, again, I urge that spends $271 billion in outlays. They minded in a stunning and very dis- we adopt the conference report and the have $21 billion worth of gimmicks in turbing way about the potential prob- rule, but I am very concerned about order to pretend that the bill is spend- lems associated with renewing our the repeal, essentially, of the Pressler ing less than it actually spends. military ties with Pakistan. The Paki- Amendment. It has an emergency designation of stani Army Chief of Staff, in a nation- Mr. FROST. Mr. Speaker, I urge the $7.2 billion in budget authority and $5.5 ally televised address, confirmed that a adoption of the rule, and I yield back billion in outlays. It pretends we are military coup has taken place. the balance of the time. going to make $2.6 billion through Prime Minister Sharif has been dis- Mrs. MYRICK. Mr. Speaker, I yield spectrum sales. We know that is not missed and placed under house arrest. back the balance of the time, and I going to happen. It has an advance ap- Troops took over state-run TV and move the previous question on the res- propriation of $1.8 billion. radio stations and closed the major air- olution. Then it simply directs the Congres- ports. Pakistan’s army has ruled the The previous question was ordered. sional Budget Office to pretend that country for 25 of its 52-year history, so The resolution was agreed to. the spend-out rate for this bill is going Army takeovers have been a relatively A motion to reconsider was laid on to be $10.5 billion less than it will actu- common occurrence. But this time, the the table. ally be, and they simply tell the Con- subversion of civilian government Mr. LEWIS of California. Mr. Speak- gressional Budget Office to ignore re- means that Pakistan’s nuclear arsenal er, pursuant to House Resolution 326, I ality. That hides another $10.5 billion. is under direct control of the military call up the conference report on the Then they delay payments to contrac- leaders, the same hard-line forces who bill (H.R. 2561) making appropriations tors for a few days to save $1.25 billion. precipitated Pakistan’s incursion into for the Department of Defense for the So we have overall total gimmicks of India or onto India’s side of the Line of fiscal year ending September 30, 2000, $21.6 billion. That is not a good rec- Control in Kashmir earlier this year, and for other purposes, and ask for its ommendation for passing this bill. greatly heightened tensions in that re- immediate consideration in the House. One thing we ought to do, no matter gion. The Clerk read the title of the bill. what our political differences are, no I believe the provision in the Defense The SPEAKER pro tempore. Pursu- matter what our philosophical dif- authorization conference report to ant to the rule, the conference report is ferences are, we at least ought to level grant waiver authority for the Pressler considered as having been read. with people about what we are doing. amendment essentially on a permanent (For conference report and state- Yet, we are engaged in this ridiculous basis is a grave mistake. Combined ment, see proceedings of the House of fiction that we are not above the caps with expanded waiver authority on October 8, 1999, at page H9651). and that this Congress has not already other provisions of the Arms Export The SPEAKER pro tempore. The gen- spent Social Security money for the Control Act, this opens the door for the tleman from California (Mr. LEWIS) and H9910 CONGRESSIONAL RECORD — HOUSE October 13, 1999 the gentleman from Pennsylvania (Mr. Mr. Speaker, with those brief com- have $12.1 billion in assorted gimmicks, MURTHA) each will control 30 minutes. ments outlining the highlights of the some of which their own leading presi- The Chair recognizes the gentleman bill, I reserve the balance of my time. dential contender has denounced as from California (Mr. LEWIS). Mr. MURTHA. Mr. Speaker, I yield being unfair because they balanced the 1 GENERAL LEAVE 5 ⁄2 minutes to the gentleman from Wis- budget on the backs of the poor. Mr. LEWIS. Mr. Speaker, I ask unan- consin (Mr. OBEY). In Transportation we have $1.4 bil- imous consent that all Members may Mr. OBEY. Mr. Speaker, I thank the lion worth of these gimmicks that hide have 5 legislative days within which to gentleman from Pennsylvania for the the true nature of congressional spend- revise and extend their remarks on the time. ing. In Treasury-Post Office they hide conference report to accompany H.R. Mr. Speaker, a minute ago, I talked $151 million. In the VA–HUD bill, which 2561, and that I may include tabular about the gimmicks that were in this is going to come to the floor yet this and extraneous material. bill that hide its true spending levels. I week, they hide $1.5 billion through The SPEAKER pro tempore. Is there would like to continue on that theme what I would call these hidden card objection to the request of the gen- and put it in context by walking the tricks in a magic show. tleman from California? House through what the gimmicks are The problem is that it is not just a There was no objection. in all of the appropriations bills that few suckers paying a quarter who are Mr. LEWIS of California. Mr. Speak- we are expected to try to pass. fooled, the entire American public is er, I yield myself such time as I may First of all, with respect to this bill deceived in the process. That means consume. itself, one of the gimmicks in this bill, that government-wide, in all of the ap- Mr. Speaker, I first rise to ask the I guess I would call it the Government propriations bills that we are supposed membership for their support for this Deadbeat Amendment for the year. It to consider this year, we have over $43 very important bill. It involves the na- simply says that the government is billion in gimmicks. When we subtract going to delay payment to defense con- tional defense of our country. In doing $14 billion from that, which represents tractors on the bills that we owe from so, Mr. Speaker, I would like to express the amount of the non-Social Security 12 days to 17 days, thereby saving $1.2 my personal appreciation to my col- surplus that we have for the coming billion by squeezing that money into leagues on both sides of the aisle who year on that we are expected to have, the next fiscal year. have been, not just cooperative, but that means we have bills $29 billion who have been truly professional in the b 1100 over the spending caps in real terms best possible sense in presenting their I would like to point out when we do when we do not count the gimmicks. viewpoints regarding a number of that, we are not only affecting the cash Now, I want to make clear some of items that are very important, which flow of the United States Government, this has happened before. This is not we will consider as we go forward with we are affecting the cash flow of thou- unprecedented. But what is unprece- this debate today. sands of U.S. businesses, and we are af- dented is the huge amount of game In particular, I would like to express fecting their balance sheets for the playing that is going on. my appreciation to the gentleman from quarter in question and for the entire I would just suggest, in the end, both Florida (Mr. YOUNG), the chairman of fiscal year. And I think that what that parties would be better off if we level the full committee. He has been essen- really does is to increase the cost of with the American people and if we tially my trainer since I assumed this doing business with Uncle Sam. simply tell them what the true effects job, for he chaired the committee be- So what is the response of these con- are. I know the gentleman from Flor- fore I did. The gentleman from Florida tractors likely to be? The response is ida (Mr. YOUNG) tried to avoid this. He (Mr. YOUNG) is not just a great leader likely to be that they will factor in tried to bring a series of bills out of of the full Committee on Appropria- that problem the next time they write committee which were bipartisan in tions, but, for his entire career, he has a contract with Uncle Sam. The net ef- nature and which were a whole lot provided the kind of leadership that fect is it will raise the cost of those more honest than the bills that we are has allowed us to make certain that contracts down the line and, in the running to the floor today, but he was America is the strongest country in end, the taxpayers will pay for this cut off at the pass by people in his cau- the world, as we play a role in leader- foolishness. cus who thought they knew better. ship for peace in that world. This is just one example of one of the The result is that the level of con- Mr. Speaker, speaking just for a mo- problems in the bill. And as I say, I sumer fraud in this House has reached ment about the bill, this legislation make no criticisms to the gentleman record levels, and I think that is unfor- does provide for $267.7 billion in discre- from California (Mr. LEWIS) or the gen- tunate for the country and the institu- tionary spending authority for fiscal tleman from Pennsylvania (Mr. MUR- tion. year 2000. It meets all budget authority THA) when I cite this, because they had Mr. LEWIS of California. Mr. Speak- and outlay limits set in the sub- no choice but to include gimmicks like er, I yield such time as he may con- committee’s 302(b) allocation. this because everybody in this House is sume to the gentleman from Florida This bill provides for $17.3 billion under orders from the leadership to (Mr. YOUNG), the chairman of our full more than was appropriated in fiscal hide the true levels of spending. And it committee. year 1999 and is $4.5 billion above the is not just happening on this bill. It is Mr. YOUNG of Florida. Mr. Speaker, administration’s 2000 budget request. happening on all of them. I thank the gentleman for yielding me Let me take just a moment to out- On agriculture we had just in di- the time, and I rise in support of this line some of the highlights of the bill. rected scoring alone, not counting the conference report on our appropria- This legislation provides $73.9 billion to emergency designation, just in directed tions bill for our national security and meet the most critical personnel needs scoring alone, which means that they our intelligence programs. of our military. One of our top prior- pretend that they are going to spend The gentleman from California ities has been to improve the training, less than they are actually going to (Chairman LEWIS) deserves a tremen- benefits, and quality of life, to ensure spend, they hide $163 million that way. dous amount of credit for the hard that the armed services retain their In the Commerce-Justice bill, they work that he has done in getting this most valuable asset, that asset being hide $5.4 billion through a series of bill to the floor. the men and women who serve the budgetary gimmicks. In this bill, as I Having had many years of experience country in uniform. said earlier, they hide $21.5 billion in as a member of this subcommittee, this There are essentially 2.25 million spending that way. In the Energy and was probably the most difficult year to men and women serving in the Armed Water bill that passed, they hide $103 go to conference on this bill that any Forces, the reserves, and the National million. In the Foreign Operations bill, of us have seen. The gentleman from Guard. These personnel, as well as our they hide $159 million. Interior, the California (Chairman LEWIS) has done a colleagues, will be pleased to know House-passed bill, hides $159 million, as really outstanding job and especially that this bill fully funds the 4.8 percent well. since this was his first year in that im- pay raise that we have discussed pre- Then in the Labor Health bill, which portant position as Subcommittee viously. was reported by the committee, we will Chairman, and I cannot say enough October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9911 good words about the outstanding work Mr. HEFLEY. Mr. Speaker, I thank projects, which we then look at the that he has done. the gentleman from California (Mr. next year and we get done. Also, the gentleman from Pennsyl- LEWIS) for yielding me the time. That is not the case this year. The vania (Mr. MURTHA), who is the rank- Mr. Speaker, I rise in great reluc- authorization bill did not provide au- ing member and the former chairman tance to oppose the conference report thority for these military construction of this subcommittee, as usual has to accompany H.R. 2561, the Depart- projects because there was a consensus worked with the gentleman from Cali- ment of Defense appropriations act for among House and Senate conferees on fornia (Mr. LEWIS) to keep this bill and the year 2000. I oppose the legislation that bill to not break scope to add any matters relating to national de- because it contains numerous provi- large number of new projects, given the fense or intelligence totally non- sions which taken together represent limited resources available to us. political, nonpartisan, which is as it an erosion of the prerogatives of the While these projects may have legiti- should be. Our defense issues and our authorization process and actually mate military utility, none, in my intelligence issues should not be polit- raise the question of do we need an ap- judgment, represent an urgent require- ical in any way. propriations process and an authoriza- ment that could not be evaluated dur- One of the problems that they faced tion process if the Committee on Ap- ing next year’s authorization review. It as they produced this bill this year and propriations is going to do both in is not unusual for an occasional con- went to conference with the Senate their bill. struction project to be appropriated was a 13-year reduction in our invest- I am not usually down here opposing without authorization. But, as I said, ment in our national defense. However, a defense appropriations bill. I always we do that the following year. at the same time we were making these have been and I continue to support a Mr. LEWIS of California. Mr. Speak- reductions, we were sending our troops strong national defense. er, will the gentleman yield? to excessive deployments in all parts of Let me tell my colleagues, there is a Mr. HEFLEY. I yield to the gen- the world. Many of them, as all of our lot of good in this bill. The gentleman tleman from California. Members know, are still deployed from Florida (Mr. YOUNG) pointed out Mr. LEWIS of California. Mr. Speak- today in places like Bosnia and Kosovo many of the items. There is a lot of er, I appreciate my colleague yielding. and plus the permanent deployments in good in this bill. The gentleman from Let me say this: the questions that Europe, Korea, and other places like California (Mr. LEWIS) and the gen- he is raising in his statement are very that. tleman from Pennsylvania (Mr. MUR- legitimate questions, and I must say We have tried to reduce the pressure THA) should be commended on the bill that the gentleman has been more than of these excessive deployments, with- that they have produced and for get- professional in his dealings with me. I, out much success, because the adminis- ting this out of the conference report. too, feel that we need to work very tration believes that anyplace in the But since I have became chairman of hard to make sure that we eliminate world that there is an opportunity to the subcommittee on military installa- conflicts between the authorizing proc- send American troops they ought to do tions and facilities over 4 years ago, I ess where they may exist and the ap- it. And they do it, and then they send have worked closely with Members of propriations process. us the bill after they spend the money. both sides of the aisle to find addi- In this case, I guess the gentleman The air war in Kosovo, for example, tional resources needed to improve and and I working together would probably was a very expensive air war. That air enhance our military housing and in- agree regarding most of the projects war was basically an American air war. frastructure. I have always done so in that may have been authorized. Some- We provided the airplanes. We provided cooperation with the Committee on times elements at a different level the pilots. We provided the fuel. We Appropriations. than that of the gentleman and mine provided the munitions. And despite In fact, the military authorization and the House get involved between us. the fact it was a NATO decision to go bill on military facilities and construc- So, in connection with that, let me say into that war, it was a U.S. war, and we tion and the appropriations bill on to the gentleman that I commit to him basically paid for it. military construction in these last 4- that he and I will work very closely to With this bill we are replacing a lot plus years have been mirrors of each try to eliminate this kind of problem of the munitions, we are fixing a lot of other because we worked so closely to- in the future dealing with our leader- the worn out equipment, we are trying gether. That is the way it should be. ship and otherwise. to get a decent quality of life for those That is not the way it is this year. And with that, while the gentleman men and women who serve in our mili- That is why it is especially troubling is expressing very well his concern tary by providing them a pay raise. to me to review the conference report about this matter, recognizing the And it is not really enough, but at and see that there are so many provi- broad base of values in this bill, I least it is a significant step towards a sions that violate the necessary and would hope in the final analysis even commitment that some of us have reasonable boundaries between the au- with this protest I would have the vote made to get our men and women in the thorizations and the appropriations of this gentleman. military up to a livable wage. process. Mr. HEFLEY. Mr. Speaker, I appre- It is really a shame when we still First, section 8160 provides a blanket ciate that. The gentleman from Cali- have to report that there are still sev- authorization for all military construc- fornia (Mr. LEWIS) and I have worked eral thousand Americans in uniform tion projects for which funds are appro- together; but we have been friends and who have to rely on food stamps to feed priated pursuant to the Military Con- colleagues and worked well together their family. struction Appropriation Act, 2000. The for darn near 15 years, and that is not So we have to give some recognition legislation contained funding or addi- going to change because of this bill to those people, and we have done that tional funding for 18 military construc- this year. And we have talked about in this bill in addition to changing the tion projects amounting to $110.5 mil- next year and future years and how retirement system. This is a good bill. lion for which no authorization of ap- this ought to be done, and we intend to And again I say, in my many years of propriations was provided in the Na- do it differently. I appreciate his com- experience on this subcommittee, this tional Defense Authorization Act for ments. was the toughest conference meeting; Fiscal Year 2000. Second, section 8167 provide new ap- and the gentleman from California (Mr. Mr. Speaker, I will include a list of propriations and authorization for an LEWIS) and the gentleman from Penn- these military construction projects at Army Aviation Support facility to sup- sylvania (Mr. MURTHA) deserve just a issue following my remarks. port the Army National Guard at West tremendous amount of credit in what Mr. Speaker, sometimes the appro- Bend, Wisconsin. This MILCON project they have been able to do to bring this priations bill is out ahead of the au- was not included in either the House or conference report to the floor today. thorization bill; and when that hap- the Senate version of the defense au- Mr. LEWIS of California. Mr. Speak- pens, a provision like this may need to thorization bill or in the House or Sen- er, I yield such time as he may con- be done, but it is usually done with the ate version of the military construc- sume to the gentleman from Colorado idea that we are appropriating this tion appropriations bill. It is an en- (Mr. HEFLEY). subject to the authorization of these tirely new $10 million project that is H9912 CONGRESSIONAL RECORD — HOUSE October 13, 1999 not even included in the Future Years the Rome Research Site. The con- Texas. These authorities fundamen- Defense Plan, what is called the FYDP, ference agreements on the defense au- tally change the nature of installation meaning that it is not part of the cur- thorization bill and the military con- management. Although the provision rent Army National Guard planning struction appropriations bill both pro- was slightly modified for the version until well after the year 2005. vided the funding necessary for the contained in the Senate-passed defense That is not the way we do business. validated MILCON requirement. How- appropriations bill, this is a matter The urgency of this project escapes me. ever, the proposal for broader author- which deserves review by the author- Its inclusion in the general appropria- ity to permit the State of New York to ization committee, even if it is just a tions bill to support the Department of contribute funding for additional facil- ‘‘pilot project.’’ Defense is simply wrong and com- ity improvements was rejected by the pounds the troubling precedent pre- conferees on the defense authorization Mr. Speaker, as I said, I know the sented by section 8160. bill. While the Department of the Air gentleman from California (Mr. LEWIS) Third, section 8163 provides authority Force fully supported the requirement and other members resisted the inclu- for the Secretary of the Air Force to contained in the President’s budget, sion of many of these provisions and I accept up to $13 million in contribu- the Secretary of the Air Force declined appreciate their efforts. Regretfully, tions from the State of New York for to support the broader facility im- the conferees on H.R. 2561 could not the purpose of combining those funds provement plan. In a letter dated Au- withstand the significant pressures to with $12.8 million in appropriated funds gust 6, 1999, the Secretary stated that depart from the well-established pat- to consolidate and expand facilities at ‘‘The Air Force currently has no addi- tern of comity that has governed the Rome Research Site at New York. tional phased consolidation projects authorization and appropriations proc- for the Rome Research Site in the Fu- b 1115 ess for military construction in recent ture Years Defense Plan and does not years. I simply cannot support legisla- It sounds like a good deal for the Air have options for funding any future tion that in the end significantly un- Force. The trouble is that the Air phases.’’ dermines the authority of the Com- Force does not support it. Finally, section 8168 contains exten- The President’s budget request for sive new authorities for the Secretary mittee on Armed Services. the coming fiscal year contained a re- of the Air Force to conduct a ‘‘pilot Mr. Speaker, I include the following quirement for a $12.8 million facility at project’’ at Brooks Air Force Base, for the RECORD: MILITARY CONSTRUCTION PROJECTS AUTHORIZED BY SECTION 8160 OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2000

Amount in State Service Location Project thousands

Arizona ...... Army ...... Fort Huachuca ...... Wastewater Treatment Plant, Phase 1 ...... 6,000 California ...... Navy ...... NAS Lemoore ...... Gymnasium ...... 16,000 District of Columbia ...... Navy ...... 8th & I Barracks ...... Site Improvements ...... 4,000 Florida ...... Navy ...... Blount Island (Jacksonville) ...... Land Acquisition, Phase 1 ...... 5,000 Florida ...... Air Force ...... MacDill AFB ...... Mission Planning Center, Phase 1 ...... 10,000 Massachusetts ...... Army National Guard ...... Barnes ANGB ...... Army Aviation Support Facility ...... 3,933 Michigan ...... Air National Guard ...... Selfridge ANGB ...... Replace Fire Crash/Rescue Station ...... 7,400 Minnesota ...... Air Force Reserve ...... Minneapolis/St. Paul ARS ...... Consolidated Lodging Facility, Phase 2 ...... 8,140 Montana ...... Army National Guard ...... Great Falls ...... Readiness Center ...... 4,700 New Jersey ...... Army ...... Picatinny Arsenal ...... Armament Software Engineering Center, Phase 1 ...... 9,900 New Jersey ...... Navy ...... NWS Earle ...... Security Improvements ...... 1,250 Ohio ...... Air National Guard ...... Mansfield Lahm Airport ...... Replace Security Forces Complex ...... 2,700 Ohio ...... Air National Guard ...... Toledo Express Airport ...... Upgrade Maintenance Complex ...... 8,400 Ohio ...... Air Force Reserve ...... Youngstown ARS ...... Apron Runoff/Storm Water/Deicing Collection System ...... 3,400 Pennsylvania ...... Army National Guard ...... Connellsville ...... Readiness Center ...... 1,700 South Carolina ...... Navy ...... NWS Charleston ...... Child Development Center ...... 3,614 Washington ...... Army ...... Yakima Training Center ...... Tank Trail Erosion Mitigation, Phase 5 ...... 12,000 Korea ...... Army ...... Camp Kyle ...... Physical Fitness Center ...... 4,350 Subtotal ...... 112,487 Offset for Authorization of Appropriations (P.L. 106–65) ...... (2,000)

Total ...... 110,487 Note: Public Law 106–65, the National Defense Authorization Act for Fiscal Year 2000 provided authorization of appropriations for Military Construction, Army in the amount of $2,000,000 for tank trail erosion mitigation at Yakima Training Center, Washington.

Mr. LEWIS of California. Mr. Speak- seen just most recently in the Balkans are going to put the burden back on er, I yield 21⁄2 minutes to the gentleman how critical that is. the Air Force, that if they want these from Georgia (Mr. CHAMBLISS). I also want to commend them on the weapons systems, they are not going to Mr. CHAMBLISS. Mr. Speaker, I rise direction in which we are continuing to be able to depend on add-ons in future in support of the conference report. I go with respect to the C–17. The C–17 is years. They have got to come ask for want to commend the gentleman from a very valuable airlift mobility asset. I them. That is the way it ought to be. California, the chairman, along with think that we ought to continue to Mr. DICKS. Mr. Speaker, will the the gentleman from Pennsylvania, the look at what we are doing with the C– gentleman yield? 17 as a model for the purchase of future ranking member, for putting together Mr. CHAMBLISS. I yield to the gen- weapons systems. A multiyear buy not what I think is a good quality bill. tleman from Washington. only provides our armed forces with As the gentlemen know, I was not the best weapons systems available but Mr. DICKS. Mr. Speaker, I want to particularly pleased with the direction it also saves the taxpayers money, and compliment the gentleman on his at which we started out with respect to that is what we are ultimately here statement, particularly on his com- the F–22, but I want to say to each of and all about. We are operating in an ments regarding the C–17. I am very the gentlemen, they have been very entirely different era now from what pleased and I want to compliment the straightforward in the debate, the dia- we have operated in in past years be- gentleman from Pennsylvania (Mr. logue we have had, they have been hon- cause we simply do not have the money MURTHA) and the gentleman from Cali- est in their beliefs and honest with me. to buy anything we want in the quan- fornia (Mr. LEWIS) for putting in the I appreciate them working hard to tities that we want to buy them. multiyear language for the C–17. make sure that we came up with a fair I am a little disappointed in where Frankly, I do not think 120 of these resolution for the continued research we are going, the direction, with the planes is enough. I think we are going and ultimate procurement of a very 130s. The Marine Corps asked for a to need more than that, simply because valued weapons system. It is going to total of four and we were not able to we do not have enough aircraft for the be necessary for this system to be pur- provide those. But I know that the gen- airlift and deployability issue. chased if we are going to maintain air tlemen are going to work hard to see if Just yesterday, General Shinseki has superiority in the future, and we have we cannot improve that next year. We come up with this new program for the October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9913 Army which is basically heavily reliant The conferees also provided funding for im- can be preserved only when we match on deployability and having all this provements to B±52's situational awareness our greatest asset, which is our troops, new equipment be able to fit into those systems, and for additional conventional bomb with the greatest weapons possible. C–130s that the gentleman mentioned. I modules for the B±1B. These investments will This bill acknowledges that when it look forward to working with him in ensure that our bomber force can continue to comes to national security, it is better the days ahead, and I appreciate his be as effective in the future as it was during to be safe than sorry. For that reason, statement. the recent Kosovo conflict. I am proud to support this legislation. Mr. Speaker, I rise in support of this con- Again, I would like to thank the Chairman Mr. MURTHA. Mr. Speaker, I yield ference report. This year's defense appropria- and Ranking Member, and urge support of the myself such time as I may consume. tions bill provides funding for many critical mili- conference report. tary needs. Chairman LEWIS and Ranking Mr. CHAMBLISS. I thank the gen- Mr. Speaker, the bill speaks for Member MURTHA have ensured that the Con- tleman for those comments. itself. All the members have done a gress is addressing problems with recruiting Lastly, just let me say that I appre- marvelous job: the gentleman from and retention and the readiness of our Armed ciate the efforts that we have made on Virginia (Mr. MORAN) and the gen- Forces. I thank them for their leadership on the quality of life issues. As I go tleman from Washington (Mr. DICKS) this bill. around and talk to enlisted personnel have been in the trenches; the gen- H.R. 2561 includes the final portion of a 4.8 all across the world, I am very im- tleman from Minnesota (Mr. SABO) did percent pay raise for military and defense civil- pressed with the quality of those folks, a tremendous job; the gentleman from ian personnel. This pay raise will address the and the provisions that the gentlemen California (Mr. LEWIS) in a very dif- pay gap between those at the Defense De- have made with respect to quality of ficult situation. This bill is carefully partment and comparable jobs in the private life are going to help those young men crafted, articulately done. sector. The bill includes critical funding for and women out there. Navy ship maintenance, an area where in- Mr. Speaker, I yield back the balance Mr. LEWIS of California. Mr. Speak- of my time. creasing backlogs have built up. This year's er, I yield 2 minutes to the gentle- bill includes over $360 million more for ship woman from Texas (Ms. GRANGER). Mr. LEWIS of California. Mr. Speak- maintenance activities than the appropriations Ms. GRANGER. Mr. Speaker, I rise in er, I yield myself such time as I may bill for FY 99. And this bill has found a critical strong support of the Department of consume. balance for the modernization priorities of all Defense conference report, legislation (Mr. LEWIS of California asked and the services. In particular, I am pleased that that deserves overwhelming support in was given permission to revise and ex- the conferees were able to restore much of this House. tend his remarks, and include extra- the funding in the President's Request for the I want to begin by acknowledging the neous material.) F±22, air dominance fighter. Funding included budgetary challenges that the gen- Mr. LEWIS of California. Mr. Speak- in the bill will allow work to move forward on tleman from California and the Sub- the F±22 while also providing for additional er, a very brief comment in closing. I committee on Defense faced in assem- testing. would be remiss if I did not just take a bling this conference report. Yet I also The conferees also approved multiyear pro- moment to express my deep apprecia- want to thank this Congress and ac- curement authority for the FA±18 E&F and the tion to the gentleman from Pennsyl- knowledge that the Federal Govern- C±17. This will allow us to purchase 222 F± vania (Mr. MURTHA) who is not just a ment has no more important responsi- 18s for the price of 200, a significant savings. pro at this business but who has been a bility than national defense. This bill And it will allow us to take advantage of an great leader on behalf of national de- is a step in the right direction. I com- unsolicited proposal by Boeing to provide 60 fense for a long, long time. Within our mend the gentleman from California more C±17s at an average price that is 25 subcommittee, he has been the driving for his leadership. percent lower than the current model. These force that has allowed us to create an I have been an advocate for a strong- planes will address critical airlift needs re- environment that is literally non- er military for many years, but it was vealed in Kosovo. partisan as it relates to national de- not until I arrived in Congress that I The committee has also ensured that the fense. No bill is more important to the realized how hollow our military has weaponization of our bomber force will con- national government, to America and become and how important high-tech tinue. Earlier this year, the Air Force provided indeed to the world than this one. The weapons are to the future of our na- Congress with a bomber road map laying out gentleman from Pennsylvania has tional security. their plan to weaponize the bomber force. It played a key role in making this year’s I want to commend the gentleman was totally inadequate. Congress has provided effort such a success. an additional $100 million for weaponization of for his scrutiny of the F–22 Raptor pro- the B±2 bomber. These funds will allow for the gram. This is an honorable compromise Beyond that, I would also like to ex- purchase of deployable shelters for the B±2 so that does not compromise our national press my appreciation to Greg that when necessary it can deploy closer to security. The F–22 will continue to be Dahlberg, his fine staff assistant who the theater of combat. We further integrate the developed. That is bad news for Amer- has worked so closely with us this B±2 into the larger air campaign by adding ica’s enemies, but it is good news for year, Kevin Roper, my staff director, Link 16 connectivity to the B±2 along with the America’s security. and I must say my own personal staff most advanced displays for situational aware- This conference report also funds as well as our Appropriations Com- ness. We improve the in-flight replanning ca- other programs critical to our national mittee staff. Mr. Speaker, I do not pability of the B±2's on-board computer sys- defense, including the V–22 Osprey, the know where or how we find such fabu- tems. At the Air Force's request, we pay for F–16 Falcon, and the 4BW–4BN, H–1 up- lous young people who are willing to the integration of the EGBU 28 bomb in the grade programs. I thank the gentleman work endless hours, endless days. They B±2's bomb bay. And we start the process of for his work on these priorities. do not know weekends. They have done developing further improvements to the B±2's In closing, I would like to remind my a fantastic job this year to create an stealth. colleagues that our national security extraordinary bill. H9914 CONGRESSIONAL RECORD — HOUSE October 13, 1999 October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9915 H9916 CONGRESSIONAL RECORD — HOUSE October 13, 1999 October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9917 H9918 CONGRESSIONAL RECORD — HOUSE October 13, 1999 Mr. MORAN of Virginia. Mr. Speaker, I rise defense spending for 2000Ða year when the sic sloganÐ``guns vs. butter''. We can't have in support of the conference agreement to overall category is supposed to decrease both. This measure takes us down the path of H.R. 2561, making FY 2000 appropriations to under the caps by some $25±30 billion and investment in hardware, not personnel. the Department of Defense. collectively translates into a $50 billion reduc- I agree with the important and much needed As a Member of the Defense Appropriations tion from other programs in the budget! military pay and pension increases and health Subcommittee, I would like to take this oppor- H.R. 2561 relies heavily upon budget gim- care for our military personal, but not the pen- tunity to recognize the strong bipartisan lead- micks. The GOP uses over $10 billion in sion changes. This increased military spending ership exhibited by Chairman LEWIS and Con- budget slight of hand, suggesting that spend- brings big budget problems for tomorrow and gressman MURTHA in developing this con- ing is reduced by $1 billion by simply delaying years ahead. It is my hope that this Repub- ference report. defense contracts, declaring $7.2 billion in lican led Congress will face up to the inflated Confronted with the difficult task of negoti- emergency spending to beat the budget caps costs inherent in the policy blueprint of this ating an agreement between two vastly dif- and claiming over $2 billion credit for sale of measure and get their heads out of clouds ferent bills, their bipartisan approach should the electromagnetic spectrum. These actions and feet back on the ground of the real world. serve as a model of how this entire body defy common sense and the net effect will re- This measure set us on a policy path where should work. sult clearly in higher spending and this House expensive weapon systems and hardware We have produced a strong bill that makes ought to acknowledge the impact rather than costs soak up all the available funds commit- a number of critical investments in our nation's invest in scapegoats. ting us to a faulty military policy and short military, most especially the people who serve Surprisingly, the Republicans opted to un- changing key people programs. Such people our country. dermine peacekeeping efforts in the Balkans programs are essential to our nation's security This bill funds a 4.8 percent pay increase by not providing any funds for the ongoing op- both economic and militarily. for our military personnel and an additional erations in Kosovo. By such action, the GOP Mr. STARK. Mr. Speaker, I rise today in op- $399 million to support DOD's recruiting and has turned their backs on the U.S. role in position to H.R. 2561, the Defense Appropria- retention efforts such as elimination of the so- NATO and our involvement within the Balkans. tions bill for Fiscal Year 2000. Spending on called REDUX policy. It is imperative that this Congress continue to the F±22 is only a small portion of an already After many long hours of negotiation, we maintain our commitment in this troubled re- bloated Defense Appropriations bill. The reached a compromise on the F±22 program gion by supporting the important peace- House of Representatives will vote today on that will require further testing of the F±22 air- keeping mission in Kosovo. No doubt a sup- spending $267.8 billion for the Department of craft and make procurement of the aircraft plemental spending bill will appear in the near Defense. The GOP is unable to come up with contingent on the F±22 passing certain per- future to fund this and other short changed adequate funding for Labor-HHS, yet they formance tests. commitments. have mysteriously come up with $267.8 billion This action sends a signal to the entire de- How can we justify appropriating a whop- for defense spending. I have a suggestion for fense establishment that, given the demands ping $4 billion to a national missile defense the leadershipÐcut wasteful defense pro- on today's military forces, we cannot back system that is out of line with the 1972 Anti- grams. away from some difficult choices concerning Ballistic Missile Treaty and which on technical The Air Force can expect to receive ap- our weapons modernization programs. grounds has failed to perform? This flawed This bill carefully balances all facets of our policy at its worst will invite a new arms race, proximately $1 billion to develop ``test'' F±22 military budget in order to sufficiently invest in thus trashing a treaty for a missile defense aircraft and $1.2 billion for research and devel- hardware without shortchanging our military system of dubious performance. Nonetheless, opment on the plane. Lockheed Martin's K personnel. the Republican led House has found a way to Street lobbyists are certain to get a bonus in For this reason, we should exercise every waste federal resources on a budget busting their stocking at Christmas. Thanks to Lock- opportunity to demand excellence and effi- and ineffective missile defense when reports heed's relentless lobbying efforts and shrewd ciency from the money we appropriate. suggest that soldiers are living in substandard production prowess, the company was able to I am optimistic that the outcome of this con- housing and quitting in droves. convince House and Senate conferees that ference will set a precedent for how our sub- This Conference Agreement provides over the program really is worthwhile. committees must balance our nation's defense billions for aircraft not requested. Specifically, The Department of Defense has spent $18 spending priorities in today's post-Cold War the funding for the KC 130J Hercules alone is billion on the F±22 since the mid-1980's. The era. $600 million and the National Defense Sealift project is too expensive and simply not need- We have undertaken a serious debate on is $717 million, representing $320 million over ed. The program was initiated in 1981 to meet how to develop and procure the best weapons the Administrations request. Others collectively the threat of next generation Soviet aircraft. technology and military equipment available include bombers, fighters and helicopters However, that threat no longer exists. The war today without shortchanging readiness and which well exceed $1.1 billion beyond the in Kosovo is the perfect example of why the quality-of-life issues that are equally critical to Presidents request and numerous other pro- U.S. does not need the F±22. The current the men and women who serve in our military. curement programs that go off the deep end. fleet of F±15s and F±16s demonstrated U.S. I would also like to commend the staff from The most controversial aircraft in this bill is dominance in the air in Kosovo. Proponents of both subcommittees for their assistance to my the F±22. This Air Force modernization project the F±22 claim that the aircraft is far superior office and, most especially, their tireless work was constructed to counter the soviet Union than the F±15 in air to air combat. This may in developing this conference agreement. and is estimated to cost well over $40 billion, be true, but we never had air to air combat in Their professionalism throughout this process or $14±$18 billion a year, greater than the cu- Kosovo and we don't need anything superior. is to be highly commended. mulative budget of several Federal Depart- The Yugoslav Air Force never engaged the I have benefitted from the tremendous ex- ments combined a year, when in full produc- U.s. in air to air combat because they would pertise and institutional knowledge my es- tion for one aircraft program. Fortunately, com- have faced defeat much sooner. No nation in teemed colleagues who sit on this Sub- mon sense and reality limited funding for such the world comes close to challenging U.S. air committee and am proud to support this con- in this bill. However, this measure does pro- dominance. But there are many nations whose ference report. vide $1 billion to research and develop ``test'' children's elementary and secondary school I urge my colleagues to vote for this agree- aircraft. No doubt the advocates of the F±22 aptitude tests far exceed those of the U.S. ment and promptly send it to the President for will live to fight another day and will be well We must ask ourselves, where are our pri- this signature which I trust it will secure. fed during the interim. orities? When is classroom size reduction, Mr. VENTO. Mr. Speaker, I rise in strong Congress should keep in mind that we just providing health insurance to 11 million chil- opposition to this Defense bill. I am concerned don't need smart weapons, but smart soldiers dren and full prescription drug coverage to 40 that this bill does not fit within existing prior- and sailors. Our priorities should concentrate million elderly going to be a priority for this ities and will make it extraordinarily difficult to on investing in the men and women in the Congress? It is deplorable and shameful that address budget reality. This measure appro- Armed Forces. Such paramount investment the wealthiest industrial nation cannot afford priates $267 billionÐ$4.5 billion over the Ad- constitutes health care and education opportu- quality health care or adequate education. Yet ministration request and $8 billion when all as- nities for our soldiers and future generations at the same time, our nation is able to boast pects of 2000 spending are calculated. More- long before they put on a uniform Unfortu- of its air dominance and insist on more. over, $5 billion has been added to advance nately, this bill and its distorted priorities pre- I urge my colleagues to join me in saying, previous 1999 emergency bills. Overall, this cludes possible investment in people in other ``enough is enough.'' I urge a no vote on H.R. bill easily represents a $20 billion increase in parts of the budget. This represents the clas- 2561. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9919 Mr. MOORE. Mr. Speaker, I rise today in DREAMS is a joint Army research project raise that was funded in the FY 1999 emer- support of H.R. 2561, the defense appropria- with the University of Texas Houston Health gency supplemental. tions conference report, but with reservations. Science Center and Texas A&M University While I intend to vote for the package today, I voted for this conference report because I System. The DREAMS project will dem- I remain extremely concerned about the man- believe in a strong national defense and I sup- onstrate in both civilian and military terms how ner in which this bill fits into the overall budget port the men and women who risk their lives to attend to wounded soldiers from remote lo- picture and about the number of budgetary to defend our nation. I am, however, strongly cations during emergency situations. The gimmicks included in the legislation. opposed to the manner in which this con- project will fund three different research The bill is $3.8 billion over the President's ference report funds these important functions. projects, including Emergency Medical Serv- request. The bill provides $267.1 billion for I believe in a strong defense, not the budget ices (EMS), diagnostic methods and therapies various defense programs in FY2000, $269.7 gimmicks that the majority uses to hide the ac- for shock injuries, and chemical as well as bio- billion if spectrum asset sales are excluded. Of tual amount of spending in the bill. logical warfare defense. this amount, $7.2 billion of routine Operation I voted in favor of a 4.8 percent pay in- The EMS program will use emergency heli- and Maintenance appropriations are des- crease for military personnel who risk their copters to fly directly to injured persons and ignated as ``emergency'' for budget scoring lives for this country, not an agreement that treat these individuals after a trauma injury. purposes, and an additional $10.5 billion in shifts spending of an estimated $10.5 billion Using the fiber-optic traffic monitoring system outlays are not counted under the budget caps our of fiscal year 2000 and pushes personnel already being used in Houston, the DREAMS due to ``directed scoring'' to the CBO by payments into the next fiscal year. I voted in project will help helicopters to reach their vic- House leadership. favor of our commitment to providing the tims faster. The second part of this EMS pro- While it is not clear if the President will sign strongest defense in the world, not delaying gram is to collect real-time patient data and this bill, I am hopeful that he will examine this over $1.3 billion in payments to defense con- relate this information back to trauma physi- legislation in the context of the important tractors. I voted in favor of new defense tech- cians to make immediate diagnosis and rec- needs our government has left to fund for the nologies that will save lives, not for projects ommended treatments. next fiscal year. like the F±22 that my colleague from Cali- The chemical and biological warfare pro- Mr. SPRATT. Mr. Speaker, when combined fornia, the Chairman of the Defense Appro- gram will help to develop chemical sensor with defense appropriations in the Military priations Subcommittee says, ``has become a tests to treat victims on toxic substances. In Construction and Energy and Water bills, the burden on the rest of the military.'' addition, DREAMS in developing mechanisms Defense Appropriations Conference Report for Mr. Speaker, I am offended by the manner for the biological decontamination and detoxi- FY 2000 brings total defense funding to $289 in which this Congress is proceeding with its fication of these chemical agents. The City of billion, $7.4 billion more than the President re- fiscal duties. Shifting $10.5 billion of FY 2000 Houston is an ideal location for these tests be- quested. This level of spending is above the dollars to FY 2001, delaying contractor pay- cause of that large number of petrochemical ceiling imposed by the Balanced Budget Act of ments into the next fiscal year and declaring 1997; and since the on-budget surplus of a $7.2 billion in ``emergency'' is not being fis- and industrial facilities located in our area. The diagnostic methods and therapies pro- $14.4 billion in FY 2000 has been committed cally responsible and it is not being honest gram will determine possible applications to already by other appropriations bills, this with the American people about adherence to treat patients during the ``golden hour'' fol- spending level could lead to borrowing from budget caps. On September 29th, the non-partisan Con- lowing a traumatic injury. These methods will the Social Security surplus in FY 2000. To avoid the appearance of being over the gressional Budget Office released a letter stat- include mechanisms to treat the decreased caps and into Social Security, the conference ing that Congress has already broken the blood flow that is common in many trauma pa- report resorts to a number of ``gimmicks.'' It budget caps and has already consumed over tients. This project is also exploring how to classifies $9 billion in new budget authority as $18 billion of the Social Security surplus. Mr. prevent cell death as a result of traumatic in- ``emergency spending.'' It directs that outlays Speaker, as we move forward in the appro- jury. The DREAMS project will yield new re- priations process, I hope both parties will work sults and procedures to help patients become in FY 2000 be scored at $10.5 billion less than together to preserve and protect Social Secu- stabilized before sending them to trauma cen- CBO estimates. As an offset to extra spend- rity and Medicare, while providing for our ters. ing, it includes non-germane provisions that di- country's basic needs. I hope the leadership I am pleased that Congress has included rect spectrum sales in FY 2000, although CBO will choose to keep faith with Americans and this vitally important research funding and deems them improbable, and it scores the stop resorting to these kinds of budget gim- urge my colleagues to support this measure. proceeds of the spectrum sales at $2.6 billion, micks, which only seek to deceive people Mr. BLUMENAUER. Mr. Speaker, I rise although CBO disputes any proceeds in FY about the federal budget. today in opposition to the conference report 2000. Mr. BENTSEN. Mr. Speaker, I rise today in for Defense Appropriations for Fiscal Year I support most of the defense spending in support of H.R. 2561, the Fiscal Year 2000 2000. This bill is replete with budget gimmicks this agreement, but not the ``gimmicks.'' This Department of Defense Appropriations bill. that seek to mask the true cost of funding the is no way to budget. This report allows This bill will provide $267 billion for defense Department of Defense, such as declaring bil- ``spending caps'' and ``emergency spending'' programs which is sufficient to meet the needs lions of spending to be an arbitrary ``emer- to mean whatever the majority says they of today's military. However, I am concerned gency'' and delaying payments to defense mean. It disregards CBO's scorekeeping, de- that $18 billion of this bill has been designated contractors. Unfortunately, those gimmicks spite its track record for accuracy, and by fiat as ``emergency spending'' and would therefore cannot hide the fact that this bill exceeds the inserts outlay estimates of its own. These not be subject to the budgetary caps included Pentagon's request by $8 billion, with much of rules, disciplines, and procedures have helped in the Balanced Budget Act of 1997. I support that money spent on unnecessary and even us achieve the first budget surpluses in thirty providing additional resources to the Depart- unrequested projects such as $264.3 million years. If we treat these rules in the cavalier ment of Defense, but I believe that we must for the C±130 airplane and $375 million to way this report treats them, our on-budget sur- be honest with the American people in recon- build the LHD±8 ship in Mississippi. This bill pluses are not destined to last long, and we ciling our need for additional defense spending also does not meet our commitments to fund may soon find ourselves borrowing again from with our ability to do so under the existing current peacekeeping operations or recon- Social Security. budget caps. struction in Kosovo. This sends a disturbing This conference agreement provides $269.4 I would like to highlight an important project message to the rest of the world that we are billion in discretionary budget authority (BA) included in this bill that would provide $10 mil- not willing to keep our promises to our allies for defense in FY 2000. This includes $9.0 bil- lion for the Disaster Relief and Emergency in times of crisis. For these reasons, among lion in emergency funding and $2.6 billion in Medical Services (DREAMS) program. This is others, I am voting against this conference re- funding that is ``offset'' by spectrum sales the third installment on funding for DREAMS port. (more details below). Of the $9.0 billion in that would help to save lives and reduce Mr. HOLT. Mr. Speaker, I rise today in sup- emergency funding, $1.8 billion was previously health care costs. In 1997, Congress provided port of H.R. 2561, the FY 2000 Defense Ap- appropriated in the Kosovo Emergency Sup- $8 million for DREAMS and in 1999, $10 mil- propriations Bill. plemental bill for military pay raises. In con- lion for DREAMS. These federal funds have There are a number of good things in the ference, $7.2 billion in Operations and Mainte- been leveraged with State of Texas funding, fi- bill and I applaud the Members of the Sub- nance (O&M) funding already included in the nancial support from the National Institutes of committee for their efforts. I applaud the inclu- House bill was designated as an emergency. Health and the ANA and philantrophic sion of $165 million to boost the military pay The purpose of this increase was not to in- sources. raise to 4.8 percent, increasing the 4.4 percent crease the total amount of defense funding H9920 CONGRESSIONAL RECORD — HOUSE October 13, 1999 (the conferees actually cut the House bill). SUMMARY OF GIMMICKS [Roll No. 494] Rather, it was to raise the caps and create [In billions of dollars] YEAS—372 room for an increase to the allocations of Abercrombie Ehrlich Largent other subcommittees, such as Labor-HHS- BA Outlays Aderholt Emerson Larson Education. Directed scorekeeping or plugs ...... 0.000 10.533 Allen Engel Latham Spectrum sales ...... 2.600 2.600 Andrews English LaTourette According to the Appropriations Committee's New ‘‘emergencies’’ ...... 9.038 6.591 Archer Etheridge Lazio press release, the gross total of the bill (in- Delayed contractor payments ...... 0.000 1.250 Armey Evans Leach Bachus Everett Levin cluding emergencies) is almost $900 million Total ...... 11.638 20.974 Baird Ewing Lewis (CA) less in BA (and $3.3 billion less in outlays) Baker Farr Lewis (GA) than the House-passed version of the bill, but BUDGET VARIANCE REPORT Baldacci Fletcher Lewis (KY) $17.3 billion more in BA than the 1999 appro- The following table compares current Ballenger Foley Linder Barcia Forbes Lipinski priated level excluding emergencies. Accord- defense spending levels with levels Barr Ford LoBiondo ing to the press release, the following ac- specified in the Balanced Budget Act of Barrett (NE) Fossella Lowey counts were increased. (Figures are dollar in- 1997: Bartlett Fowler Lucas (KY) creases compared to President's request ex- Barton Frank (MA) Lucas (OK) COMPARING DEFENSE PLANS: BBA VS. PRESIDENT’S Bass Franks (NJ) Maloney (CT) cept Military Personnel.): Bateman Frelinghuysen Maloney (NY) CURRENT PLAN VS. REPUBLICAN RESOLUTION O&MÐ$1.0 billion. Becerra Frost Manzullo [In billions of dollars] Bentsen Gallegly Martinez ProcurementÐ$1.1 billion. Bereuter Gejdenson Mascara R&DÐ$3.2 billion. 2000– Berkley Gekas Matsui 2000 2001 2002 2002 Berman Gephardt McCollum Military PersonnelÐ4.8% pay raise vs. 4.4% total Berry Gibbons McCrery Biggert Gilchrest McHugh pay raise. Balanced Budget Agreement of 1997 (BBA): Bilbray Gillmor McInnis BUDGET GIMMICKS IN THE BILL Budget authority ...... 277.3 281.9 289.7 848.8 Bilirakis Gilman McIntosh Outlays ...... 275.7 272.8 273.9 822.4 Bishop Gonzalez McIntyre Emergency Declaration: Besides the $1.8 President’s current plan: Blagojevich Goode McKeon billion for ``emergency pay'' contained in the Budget authority ...... 283.4 301.3 303.2 888.0 Bliley Goodlatte McNulty Outlays ...... 280.3 284.4 293.3 858.0 Blunt Goodling Meehan Kosovo Supplemental, the conference report Republican FY 2000 budget resolution: declares $7.2 billion BA for routine O&M ac- Budget authority ...... 291.8 304.8 309.3 905.9 Boehlert Gordon Meek (FL) Outlays ...... 283.4 288.9 293.4 865.7 Boehner Goss Meeks (NY) tivities to be an emergency even though these President above/below BBA (squeeze on Bonilla Graham Menendez activities were not declared emergencies in ei- NDD): Bonior Granger Metcalf ther the original House or Senate bills. This Budget authority ...... 6.2 19.4 13.5 39.1 Bono Green (TX) Mica Outlays ...... 4.6 11.6 19.4 35.6 Borski Greenwood Millender- gimmick is intended to help other subcommit- Republican above/below BBA (squeeze on NDD): Boucher Gutierrez McDonald tees, not the defense subcommittee, because Budget authority ...... 14.6 22.9 19.6 57.1 Boyd Gutknecht Miller (FL) the emergency will increase the total caps, Outlays ...... 7.7 16.1 19.5 43.3 Brady (PA) Hall (OH) Miller, Gary Republican above/below President Brady (TX) Hall (TX) Mink and money is fungible. To facilitate this kind of (squeeze on NDD): Brown (FL) Hansen Moakley chicanery, the Senate has adopted a new rule, Budget authority ...... 8.4 3.5 6.1 18.0 Bryant Hastert Mollohan Outlays ...... 3.1 4.5 0.1 7.7 which requires 60 votes to declare a non-de- Burr Hastings (FL) Moore fense emergency, but only a simple majority to Notes: (1) The BBA has been adjusted for emergencies, both released and Burton Hastings (WA) Moran (KS) anticipated to be released. (2) The President’s plan is from the June Mid- Buyer Hayes Moran (VA) declare a defense emergency. Session Review and includes emergencies, both released and anticipated to Callahan Hayworth Morella be released. (3) the Republican Budget Resolution has been adjusted for Calvert Herger Murtha Delaying Contractor Payments: The con- emergencies, both released and anticipated to be released. (4) the 1998 and ference report included two provisions, sec- 1999 levels in both the President’s plan and the Republican plan are per Camp Hill (IN) Myrick OMB, actual for 1998 and estimated for 1999. (5) All emergencies are per Campbell Hill (MT) Napolitano tions 8175 and 8176, not found in either the OMB estimates. Canady Hilleary Neal original House or Senate bills, that relax the Cannon Hilliard Nethercutt time table for Pentagon payments to defense This bill departs from the Balanced Capps Hinchey Ney contractors by an extra amount of time rang- Budget Act of 1997, and leaves in its Cardin Hinojosa Northup wake a lot of budget problems. For in- Castle Hobson Norwood ing from five to seven days longer than current Chabot Hoeffel Nussle practice, depending on the type of payment. stance, in August 2000, when CBO and Chambliss Hoekstra Ortiz This will result in slipping about $1.250 billion OMB do their reviews of the budget, Chenoweth-Hage Holden Ose Clay Holt Oxley in outlays from FY 2000 into FY 2001. outlays could easily be tracking CBO’s projections, in which case outlays Clayton Horn Packard Scoring Adjustments: Several adjustments Clement Hostettler Pallone would be $11.6 billion greater than the have been made to CBO's scoring of appro- Clyburn Houghton Pascrell estimates plugged into this report. Or Coble Hoyer Pastor priations bills that contain defense funding: consider the next fiscal year, FY 2001. Coburn Hulshof Pease (1) Outlay ``plugs'' or ``directed Collins Hunter Pelosi The discretionary spending cap will be Combest Hutchinson Peterson (PA) scorekeeping'' total $10.533 billion. As ex- coming down in FY 2001 while defense Condit Hyde Petri plained below, this consists of $9.7 billion in spending will be going up, up by $22.9 Cook Inslee Phelps general scorekeeping of outlays and $833 mil- Cooksey Isakson Pickering billion in BA and $16.1 billion in out- Costello Istook Pickett lion related to contingent emergencies. lays above the Balanced Budget Act Cox Jackson-Lee Pitts (2) $2.6 billion has been added as a ``credit'' ceilings. Gimmicks may get this bill Coyne (TX) Pombo for provisions that direct the Federal Commu- over the threshold, but they may not Cramer Jenkins Pomeroy Crane John Porter nications Commission to conduct a spectrum last the full fiscal year, and may make Crowley Johnson (CT) Portman auction. budgeting in the next fiscal year far Cubin Johnson, E. B. Price (NC) CBO does not believe that the spectrum more difficult. This is the wrong way Cummings Johnson, Sam Pryce (OH) Cunningham Jones (NC) Quinn auction of television frequencies can be com- to run a budget. Davis (FL) Jones (OH) Radanovich pleted in 2000, and scores its revenue poten- Mr. LEWIS of California. Mr. Speak- Davis (VA) Kanjorski Rahall tial at zero for FY 2000. If the spectrum sales er, I yield back the balance of my time. Deal Kaptur Ramstad The SPEAKER pro tempore (Mr. DeLauro Kasich Regula were to occur on a more reasonable schedule, DeLay Kelly Reyes CBO believes they would only raise $1.9 bil- LAHOOD). Without objection, the pre- DeMint Kildee Reynolds lion, not $2.6 billion. The $9.7 billion plug is vious question is ordered on the con- Diaz-Balart Kilpatrick Riley supposed to represent the difference between ference report. Dickey King (NY) Rodriguez Dicks Kingston Roemer OMB and CBO scoring of the President's There was no objection. Dingell Kleczka Rogan budget, but that figure includes the difference The SPEAKER pro tempore. The Dixon Klink Rogers in contingent emergencies between OMB and question is on the conference report. Dooley Knollenberg Rohrabacher Pursuant to clause 10 of rule XX, the Doolittle Kolbe Ros-Lehtinen CBO. Nevertheless, CBO is ordered to count Doyle Kuykendall Rothman contingent emergencies twice for a total of yeas and nays are ordered. Dreier LaFalce Roukema $10.533 billion in ``plugged outlays,'' $833 mil- The vote was taken by electronic de- Duncan LaHood Roybal-Allard lion more than the discrepancy between CBO vice, and there were—yeas 372, nays 55, Dunn Lampson Royce Edwards Lantos Rush and OMB. not voting 7, as follows: October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9921 Ryan (WI) Smith (WA) Toomey The Clerk read the resolution, as fol- amendment in the nature of a sub- Ryun (KS) Snyder Towns Sabo Souder Traficant lows: stitute as an original bill for the pur- Salmon Spence Turner H. RES. 327 pose of amendment. Sanchez Spratt Udall (CO) Resolved, That at any time after the adop- Further, the rule provides for the Sandlin Stabenow Udall (NM) tion of this resolution the Speaker may, pur- consideration of only pro forma amend- Sanford Stearns Visclosky suant to clause 2(b) of rule XVIII, declare the ments and those amendments Sawyer Stenholm Vitter House resolved into the Committee of the Saxton Strickland Walden preprinted in the CONGRESSIONAL Schaffer Stump Walsh Whole House on the state of the Union for RECORD prior to their consideration, Scott Stupak Wamp consideration of the bill (H.R. 1993) to reau- which may be offered only by the Mem- Sensenbrenner Sununu Watkins thorize the Overseas Private Investment Cor- Serrano Sweeney Watts (OK) poration and the Trade and Development ber who preprinted it or by his des- Sessions Talent Weiner Agency, and for other purposes. The first ignee, and shall be considered as read. Shadegg Tancredo Weldon (FL) reading of the bill shall be dispensed with. As has become standard practice, the Shaw Tanner Weldon (PA) General debate shall be confined to the bill rule allows the Chairman of the Com- Sherman Tauscher Weller and shall not exceed one hour equally di- Sherwood Tauzin Wexler mittee of the Whole to postpone votes Shimkus Taylor (MS) Weygand vided and controlled by the chairman and during consideration of the bill and to Shows Taylor (NC) Whitfield ranking minority member of the Committee reduce voting time to 5 minutes on Shuster Terry Wicker on International Relations. After general de- postponed questions if the vote follows Simpson Thomas Wilson bate the bill shall be considered for amend- Sisisky Thompson (CA) Wolf ment under the five-minute rule. It shall be a 15 minute vote. Skeen Thompson (MS) Woolsey in order to consider as an original bill for the Finally, the rule provides for one mo- Skelton Thornberry Wu purpose of amendment under the five-minute tion to recommit, with or without in- Slaughter Thune Wynn structions. Smith (MI) Thurman Young (AK) rule an amendment in the nature of a sub- Smith (NJ) Tiahrt Young (FL) stitute consisting of the bill modified by the Mr. Speaker, I believe this is an ap- Smith (TX) Tierney amendments recommended by the Com- propriate rule for the consideration of mittee on International Relations now print- this legislation. It is legislation to re- NAYS—55 ed in the bill. Each section of that amend- authorize several very important Ackerman Green (WI) Olver ment in the nature of a substitute shall be Baldwin Hefley Owens United States investment trade pro- considered as read. No amendment to that motion programs, including the Over- Barrett (WI) Hooley Paul amendment in the nature of a substitute Blumenauer Jackson (IL) Payne shall be in order except those printed in the seas Private Investment Corporation Boswell Kind (WI) Peterson (MN) known as OPIC, the Trade and Develop- Brown (OH) Kucinich Rangel portion of the Congressional Record des- Capuano Lee Rivers ignated for that purpose in clause 8 of rule ment Agency and the export functions Conyers Lofgren Sanders XVIII and except pro forma amendments for of the International Trade Administra- Davis (IL) Luther Schakowsky the purpose of debate. Each amendment so tion of the Department of Commerce. DeFazio Markey Shays printed may be offered only by the Member OPIC’s authority to operate lapsed DeGette McCarthy (MO) Stark who caused it to be printed or his designee Delahunt McDermott Upton on September 30, but it was extended and shall be considered as read. The Chair- by the continuing resolution on an Deutsch McGovern Velazquez man of the Committee of the Whole may: (1) Doggett McKinney Vento postpone until a time during further consid- emergency basis for only a few days Ehlers Miller, George Waters more. This bill must pass the House Eshoo Minge Watt (NC) eration in the Committee of the Whole a re- Fattah Nadler Waxman quest for a recorded vote on any amendment; and the Senate, as you know, in iden- Filner Oberstar and (2) reduce to five minutes the minimum tical forms and be signed by the Presi- Ganske Obey time for electronic voting on any postponed dent in a very short time frame if these NOT VOTING—7 question that follows another electronic vote programs are to be able to continue un- without intervening business, provided that Carson Kennedy Wise interrupted. Therefore, I think that the the minimum time for electronic voting on preprinting requirement in this rule is Danner McCarthy (NY) the first in any series of questions shall be 15 Jefferson Scarborough minutes. At the conclusion of consideration an appropriate manner to allow inter- b 1146 of the bill for amendment the Committee ested Members to offer amendments while expediting the bill’s consider- Messrs. DAVIS of Illinois, RANGEL, shall rise and report the bill to the House with such amendments as may have been ation. and OLVER, and Ms. MCKINNEY adopted. Any Member may demand a sepa- H.R. 1993, the underlying legislation, changed their vote from ‘‘yea’’ to rate vote in the House on any amendment reauthorizes most commercial export ‘‘nay.’’ adopted in the Committee of the Whole to promotion programs that involve the Mrs. MEEK of Florida and Mr. the bill or to the amendment in the nature of United States Government. OPIC is au- UDALL of Colorado changed their vote a substitute made in order as original text. thorized for 4 years and continuing The previous question shall be considered as from ‘‘nay’’ to ‘‘yea.’’ under this bill will be able to continue So the conference report was agreed ordered on the bill and amendments thereto to final passage without intervening motion its self-sustaining operations without to. except one motion to recommit with or with- raising its liability ceiling, which is an The result of the vote was announced out instructions. improvement and a significant change as above recorded. The SPEAKER pro tempore (Mr. over the bill that was considered in the A motion to reconsider was laid on LAHOOD). The gentleman from Florida 104th Congress. the table. (Mr. DIAZ-BALART) is recognized for 1 In addition, H.R. 1993, the underlying Stated for: hour. legislation, codifies the cost-sharing Mr. KENNEDY of Rhode Island. Mr. Speak- Mr. DIAZ-BALART. Mr. Speaker, for and success fees of the Trade and De- er, on rollcall No. 494, the conference report the purposes of debate only, I yield the velopment Agency and provides the on H.R. 2561, the Defense Appropriation Act customary 30 minutes to the gen- Agency with $48 million, the amount of FY 2000, had I been present, I would have tleman from Ohio (Mr. HALL), pending requested by the President. It also pro- voted ``yea.'' which I yield myself such time as I vides funding for all and reauthorizes Mrs. McCARTHY of New York. Mr. Speaker, may consume. During consideration of three programs of the International due to circumstances beyond my control, I this resolution, all time yielded is for Trade Administration in the Commerce was unable to vote on the Defense Appropria- the purpose of debate only. Department, $202 million for the U.S. tions Conference Report. Had I been present, Mr. Speaker, House Resolution 327 is and Foreign Commercial Service, $68 I would have voted ``yes'' on rollcall vote No. a modified, open rule providing for the million for the Trade Development 494. consideration of H.R. 1993, the Export Program, and $4 million for the Market f Enhancement Act of 1999. The rule pro- Access and Compliance Program. vides for one hour of general debate, I am encouraged that the bill directs EXPORT ENHANCEMENT ACT OF equally divided between the chairman the Department of Commerce to create 1999 and the ranking minority member of a special initiative to promote trade Mr. DIAZ-BALART. Mr. Speaker, by the Committee on International Rela- opportunities and remove market bar- direction of the Committee on Rules, I tions. riers in sub-Saharan Africa and in call up House Resolution 327 and ask The rule makes in order the Com- Latin America. Obviously, Latin Amer- for its immediate consideration. mittee on International Relations ica is a tremendous export market for H9922 CONGRESSIONAL RECORD — HOUSE October 13, 1999 the United States and very important mittee on International Relations, and profitable and self-sustaining, includ- to the United States economy. at the same time commend him once ing costs due to credit reform and ad- I believe that this is a fair rule and it again for his hard work on this legisla- ministration.’’ brings forth a very good underlying tion. With 12 million American jobs now bill. I commend my colleagues, the (Mr. GILMAN asked and was given directly tied to U.S. exports, there gentleman from New York (Mr. GIL- permission to revise and extend his re- could be little doubt that the trade MAN), chairman of the Committee on marks.) promotion agencies authorized in this legislation play a critically important International Relations; the gentleman b 1200 from New Jersey (Mr. MENENDEZ) and role in our economy. Recently an- the gentleman from Illinois (Mr. MAN- Mr. GILMAN. Mr. Speaker, I rise in nounced trade statistics showing de- ZULLO) and the others who have worked support of the rule governs the consid- clining U.S. exports underscores the very hard on this legislation for ad- eration of the Export Enhancement urgency of promptly enacting this vancing the bill. I certainly share their Act of 1999, H.R. 1993. This bill reau- measure. support for this important piece of leg- thorizes several important U.S. invest- Mr. Speaker, according to the most islation. ment trade promotion programs, in- recent Commerce Department reports, Mr. Speaker, House Resolution 327 is cluding the Overseas Private Invest- in 1998 U.S. exports actually declined a fair rule. I would urge, and I do urge ment Corporation, OPIC; the Trade and below their level from the preceding its adoption. Development Agency, the TDA; and the year for the first time in over a decade. Mr. Speaker, I reserve the balance of export functions of the International That decline, together with steadily my time. Trade Administration, ITA, of the De- rising imports, has contributed to a Mr. HALL of Ohio. Mr. Speaker, I partment of Commerce. 1998 U.S. trade deficit of $169 billion, yield myself such time as I may con- OPIC’s authority to operate lapsed nearly $60 billion higher than in 1997. sume. I want to thank the gentleman on September 30, but it has been ex- In current trends, this deficit is ex- from Florida (Mr. DIAZ-BALART) for tended by the continuing resolution on pected to top $200 billion later on this yielding me this time. an emergency basis. The stop-gap fund- year. This rule will allow for consideration ing measure will keep this important Accordingly, Mr. Speaker, I urge the of H.R. 1993, which is the Export En- agency in operation only through the adoption of this rule. hancement Act of 1999. next 10 days. It is vitally important Mr. HALL of Ohio. Mr. Speaker, I As my colleague from Florida has ex- that we consider the Export Enhance- yield 3 minutes to the gentleman from plained, this rule provides for 1 hour of ment Act as soon as possible, and that Ohio (Mr. TRAFICANT). (Mr. TRAFICANT asked and was general debate to be equally divided we forward this bill to the President given permission to revise and extend and controlled by the Chairman and for his signature. Reconciling its provisions with the his remarks.) ranking minority member of the Com- Mr. TRAFICANT. Mr. Speaker, Senate counterpart OPIC authorization mittee on International Relations. Japan continues to violate market ac- will take additional time, a commodity Under this rule, only amendments cess commitments in the form of deny- in increasingly short supply as we ap- which have been preprinted in the CON- ing rice imports from American farm- proach of the end of our legislative ses- GRESSIONAL RECORD will be in order. ers. India denies market access to the sion. The bill reauthorizes the Overseas United States motion picture industry. This rule, Mr. Speaker, would provide Private Investment Corporation. It The European Union denies market ac- the best prospects for its prompt enact- also authorizes appropriations for the cess in so many areas it is now legend. Trade and Development Agency and ment, a goal which will boost our ex- The gentleman from New York ports and level the competitive playing the International Trade Administra- (Chairman GILMAN) talked about a $167 tion of the Commerce Department. field for our companies that are facing trade deficit. Let me upgrade that for Foreign trade is a critical element of stiff competition and exclusionary the projection for next year. The last our national economy. An estimated 12 practices around the world. quarter of 3 months was $87 billion. If million American jobs are directly tied For exporters, OPIC, TDA, and the that is annualized, we are talking to U.S. exports. The Overseas Private ITA programs all provide practical as- about $340-some billion in trade defi- Investment Corporation is an impor- sistance in their fight to win export cits in 1 year, more than a third of a tant part of our government’s efforts sales in highly competitive overseas trillion dollars. It is unbelievable. to increase exports and create Amer- markets. I have an amendment for this bill ican jobs; and in the past 25 years, the The act reauthorizes OPIC for 4 that changes section 6(d). The bill calls corporation has generated about 237,000 years, continuing its self-sustaining for a report on violations on those jobs and $58 billion in exports. This is operations without raising OPIC’s li- trade agreements we have. The Trafi- done through self-generating revenues, ability ceiling. OPIC provides our cant amendment maintains that, but not with taxpayer-supported dollars. American companies political risk in- requires that report to be made to Con- This bill contains important initia- surance and project financing for U.S. gress. But also it requires the Inter- tives. The Overseas Private Investment investments in developing nations and national Trade Administration to also Corporation is directed to increase sup- emerging economies. It has undertaken tell us what is the market access of port for small businesses. The Commer- new initiatives in Africa, in Central every country, and it stipulates a set of cial Service is required to station em- America, in the Caribbean, and the criteria specifying those countries with ployees in at least 10 countries in sub- Caspian Basin, and has stepped up ef- trade surpluses with America, and tell- Saharan Africa. The International forts to help more small businesses ing us what products we could be sell- Trade Administration is required to de- enter the global economy. ing there, what market access is being velop an outreach program to increase Mr. Speaker, over the past 21⁄2 dec- denied, and what would that impact be exports for minority-owned businesses. ades OPIC has generated some 237,000 on American jobs. Mr. Speaker, this is a good bipartisan jobs and $58 billion in exports. Pro- I know we have a lot of different bill. It appears to have strong support ducing a net income of $139 million just trade reports, a lot of different legisla- on both sides of the aisle. Unfortu- in fiscal year 1998 alone, its reserves tion. I have talked with the respective nately, the rule does permit only reached a record level of $3.3 billion. It chairmen. They may want to, at the amendments that have been preprinted is anticipated that the OPIC agency proper time or in conference, move this in the CONGRESSIONAL RECORD. This re- will contribute $204 million in fiscal into the reporting mechanism so it is striction is unnecessary. year 2000 to support all the other ac- not as duplicative, if it is. Mr. Speaker, I reserve the balance of tivities and programs in the inter- However, the market access informa- my time. national affairs budget. tion is most important. I want the Con- Mr. DIAZ-BALART. Mr. Speaker, I According to a September, 1997, GAO gress to know when this amendment yield such time as he may consume to report to our committee, and I quote, comes up, it does not only deal with the gentleman from New York (Mr. ‘‘Historically, OPIC’s combined finance the report to Congress on those coun- GILMAN), the chairman of the Com- and insurance programs have been tries that are violating our trade October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9923 agreements, but also for the Inter- creating American jobs at home and Trade and Development Agency, TDA; national Trade Administration to tell making sure that America is competi- and the export functions of the Inter- us what is available in those countries tive abroad. national Trade Administration, ITA, if we opened up and got those free mar- I know that during the debate we will all of the Department of Commerce. kets. hear different views of that, but the OPIC’s authority to operate lapsed With that, I am hoping that the com- fact of the matter is that this is an September 30, but it has been extended mittee will look favorably upon the agency that gives money to the Fed- by the continuing resolution on an amendment. I am willing to tailor any eral Treasury, that ultimately pro- emergency basis. That stopgap funding language necessary to conform it with motes American interests abroad, that measure will keep this important the final goals. creates jobs at home, and at the end of measure in operation only through the Mr. DIAZ-BALART. Mr. Speaker, I the day, also serves America’s national next 10 days, until October 22. It is vi- yield myself such time as I may con- foreign policy interests by having our tally important that we consider the sume. entrepreneurs abroad engage in those Export Enhancement Act as expedi- Mr. Speaker, I think that the rule is economies. tiously as possible and that we submit fair. The underlying legislation is obvi- So for all of those reasons, I urge this bill to the President for his signa- ously extraordinarily important. Mr. adoption of the rule, and I urge adop- ture. Reconciling its provisions with Speaker, I would urge support not only tion of the underlying legislation. the Senate counterpart OPIC author- for the rule but for the underlying leg- Mr. HALL of Ohio. Mr. Speaker, I ization will take additional time, a islation. have no further requests for time, and commodity that is in increasingly Mr. Speaker, I reserve the balance of I yield back the balance of my time. short supply as we approach the end of my time. Mr. DIAZ-BALART. Mr. Speaker, our legislative session. Mr. HALL of Ohio. Mr. Speaker, I again supporting the rule, supporting For exporters, OPIC, TDA, and ITA yield 2 minutes to the gentlewoman the underlying legislation, I also yield programs all provide practical assist- from New York (Mrs. MALONEY). back the balance of my time, and I ance in their fight to win export sales Mrs. MALONEY of New York. Mr. move the previous question on the res- in highly competitive overseas mar- Speaker, I thank the gentleman for olution. kets. The administration fully supports yielding time to me. The previous question was ordered. enactment of this measure, and has Mr. Speaker, I rise in support of H.R. The resolution was agreed to. just released a statement of adminis- 1993, the Export Enhancement Act, and A motion to reconsider was laid on tration position pointing out its sub- specifically in support of the Overseas the table. stantial benefits for our American Private Investment Corporation. Since The SPEAKER pro tempore (Mr. workers. 1971, OPIC has worked with U.S. inves- LAHOOD). Pursuant to House Resolu- The Act reauthorizes OPIC for 4 tors who do business overseas by sup- tion 327 and rule XVIII, the Chair de- years, continuing its self-sustaining porting projects where private financ- clares the House in the Committee of operations without raising OPIC’s li- ing and insurance are unavailable or the Whole House on the State of the ability ceiling. OPIC provides Amer- insufficient. Union for the consideration of the bill, ican companies political risk insurance OPIC provides insurance against po- (H.R. 1993). and project financing for U.S. invest- litical risk, financing assistance b 1210 ments in developing nations and in an through loans and loan guarantees, and emerging economies. It has undertaken financing for private investment funds IN THE COMMITTEE OF THE WHOLE new initiatives in Africa, in Central that provide equity to businesses over- Accordingly, the House resolved America, and in the Caribbean and the seas. itself into the Committee of the Whole Caspian Basin, and has stepped up our OPIC also acts as an important advo- House on the State of the Union for the efforts to help more small businesses cate for American businesses in foreign consideration of the bill (H.R. 1993) to enter the global economy. countries. The facilitation of private reauthorize the Overseas Private In- Over the past 21⁄2 decades, OPIC has investments overseas provides benefits vestment Corporation and the Trade generated some 237,000 jobs and $58 mil- for the American economy. Since 1971, and Development Agency, and for other lion in exports. Producing a net income OPIC has paved the way for upwards of purposes, with Mr. LAHOOD in the of $139 million just in the last fiscal $58 billion in exports and the creation chair. year of 1998, its reserves have now of over 200,000 jobs. The Clerk read the title of the bill. reached a record level of $3.3 billion. It Today OPIC supports U.S. businesses The CHAIRMAN. Pursuant to the is anticipated that the OPIC agency in 140 countries. Perhaps, most impor- rule, the bill is considered as having will contribute over $200 million in fis- tantly, this successful program is self- been read the first time. cal year 2000 to support all the other sustaining and operating at no cost to Under the rule, the gentleman from activities and programs in the inter- the American taxpayer. An important New York (Mr. GILMAN) and the gen- national affairs budget. part of OPIC’s work is focusing on and tleman from New Jersey (Mr. MENEN- According to a September 1997 GAO helping small businesses. I look for- DEZ) each will control 30 minutes. report to our committee, ‘‘Historically, ward to voting in favor of this legisla- The Chair recognizes the gentleman OPIC’s combined finance and insurance tion, not only the rule but the under- from New York (Mr. GILMAN). programs have been profitable and self- lying bill, that will reauthorize the Mr. GILMAN. Mr. Chairman, I yield sustaining, including cost due to credit program through 2003. I urge my col- myself such time as I may consume. reform and administration.’’ leagues to do the same. (Mr. GILMAN asked and was given Over its 28-year history, the OPIC Mr. HALL of Ohio. Mr. Speaker, I permission to revise and extend his re- agency generated some $14 billion in yield 1 minute to the gentleman from marks.) U.S. exports generated by New York New Jersey (Mr. MENENDEZ). Mr. GILMAN. Mr. Chairman, I rise in State companies. Mr. MENENDEZ. Mr. Speaker, I support of the Export Enhancement b thank the gentleman for yielding time Act of 1999, H.R. 1993, and I would like 1215 to me. to commend the gentleman from Illi- It has supported more than 55,000 As one of the cosponsors with the nois (Mr. MANZULLO), the author of this American jobs created by New York gentleman from Illinois (Mr. MAN- important legislation, and the ranking State projects alone. In the last 5 ZULLO) on this legislation, I want to minority member, the gentleman from years, OPIC has identified $672 million rise to support the rule and also sup- Connecticut (Mr. GEJDENSON), and the in foods and services that they will buy port the legislation. This is one of gentleman from New Jersey (Mr. from New York State suppliers, 57 per- those pieces of legislation that has MENENDEZ) for their support. cent of which are small New York busi- been worked on in a bipartisan effort. This bill reauthorizes several U.S. in- nesses. It has many Democrat cosponsors on vestment and trade promotion pro- These alone will create more than it. It is one that brings us together on grams, including the Overseas Private 2,000 local jobs for New Yorkers. New the issue of trade because it is about Investment Corporation, OPIC; the York businesses are seeking possible H9924 CONGRESSIONAL RECORD — HOUSE October 13, 1999

OPIC support for some 151 future tleman from New York (Mr. GILMAN), pany or to a foreign company. By fund- projects, representing a potential $12 for his work and his support, as well as ing feasibility studies, orientation vis- billion of investment, and all of these my ranking Democrat on the com- its, specialized training grants, busi- for just one State, not to mention all mittee, the gentleman from Con- ness workshops and various forms of the other States that are being bene- necticut (Mr. GEJDENSON), for his en- technical assistance, TDA enables fited by this program. couragement and support in bringing American businesses to compete for in- For those Members concerned about us through the committee and to the frastructure and industrial projects in how OPIC operates overseas, permit me floor today, and my coauthor of the middle income and developing coun- to point out that OPIC operates a com- legislation, the gentleman from Illinois tries. prehensive program to monitor every (Mr. MANZULLO). Working together, we So when we are there creating the project that it assists for impact on have fashioned a bipartisan bill that standard and helping to create that our U.S. economy, on our environment, promotes America’s interests at home standard, the reality is we are creating on workers’ rights and on host com- and abroad. an American standard and in creating pany development. Each year, each in- With the U.S. trade deficit reaching an American standard we create the vestor must complete detailed informa- record highs, $24.6 billion in June, opportunity for American companies to tion about the actual financial flows America needs to take immediate steps succeed abroad. associated with the project, informa- to reverse the deficit by helping Amer- So as we seek to address our trade tion on financial issues and host coun- ican companies to export American deficit and maintain our competitive try development aspects of the project. products. This bill begins that process edge in the global market, we need to OPIC has criteria for detailed, on-site by reauthorizing these agencies and by look to programs like these which project monitoring for all projects that looking at new ways in which we can yield big benefits for small costs. We impact potentially sensitive U.S. eco- help American companies, small, me- need to understand that American ex- nomic sectors, all environmentally dium and large, to harness the opportu- ports mean American jobs here at sensitive projects and a group selected nities of emerging markets throughout home, and that the U.S. exports of through random sampling theory. Each the world, particularly in Africa and goods and services are estimated to project that receives an on-site visit is Latin America. support more than 12 million domestic evaluated for impact on the United At a time when the Congress is striv- jobs. Each one billion in dollars in U.S. States and host country economies and ing to adhere to the constraints of a goods and services exports supports employment, impact on the environ- balanced budget, when we talk about some 13,000 U.S. jobs. We want to in- ment and conformance with inter- the reauthorization of OPIC, it stands crease those. We want to create more nationally recognized workers’ rights. apart as a revenue-earning program. jobs at home. We want to improve the With 12 million American jobs now OPIC’s budgetary contributions are re- profitability of American companies. directly tied to U.S. exports, there can turned to the Function 150 or the Inter- We ultimately receive revenues from be little doubt, Mr. Chairman, that the national Affairs account and help off- that and everybody prospers. trade promotion agencies authorized in set the deep cuts that have been made So I urge Members to support the this legislation do play a critically im- to our foreign aid and development pro- bill. These programs are not corporate portant role in our Nation’s economy. grams. That is a fitting relationship, as welfare. They are opportunities for Recently announced trade statistics OPIC was created by President Nixon American firms to compete on a level showing declining U.S. exports under- to complement our foreign aid pro- playing field with our global competi- scores the urgency of promptly enact- grams. OPIC not only complements our tors, and their success means a lower ing this kind of a measure. According foreign aid programs, it is helping to American trade deficit and more Amer- to the most recent Commerce Depart- sustain them while simultaneously ican jobs. That is ultimately what this ment reports, in 1998 U.S. exports actu- providing a much needed service and bill is all about. ally declined below their level from the market opportunity to American busi- Mr. Chairman, I reserve the balance preceding year for the first time in a nesses. of my time. decade. That decline, together with Let me give an example. In my home Mr. MANZULLO. Mr. Chairman, I steadily rising imports, has contrib- State of New Jersey, OPIC has provided yield myself 6 minutes. uted to a 1998 U.S. trade deficit of $169 more than a billion dollars in financing Mr. Chairman, I rise in support of the billion, nearly $60 billion higher than and insurance, generating $3 billion in Export Enhancement Act. We are the deficit in 1997. At current trends, U.S. exports, items that were created reaching the point where we are at an this trade deficit is expected to top $200 here, manufactured here, and exporting all-time historic high of a trade deficit, billion later this year. them abroad, and created over 10,288 and even the free trade economists During the general debate, I will also jobs. From Newark to Camden to such as Alan Greenspan are concerned ask the gentleman from Illinois (Mr. Princeton, OPIC has supported New about the implications of such massive MANZULLO) to offer a technical and per- Jersey companies and their suppliers, trade deficits. fecting amendment on my behalf. It and that is only one small example of The trade deficit is extremely impor- takes into account the concerns of my the many places across the country for tant to narrow in order to assure a ro- committee colleagues about the provi- which that is a reality as well. bust American economy. U.S. exports sions of the Urban Initiative of the Turning to the International Trade are barely keeping even with last International Trade Administration. Administration, among the branches of year’s level. It is encouraging that the Accordingly, Mr. Chairman, I urge my the International Trade Administra- number of small companies that have colleagues to support this important tion is the U.S. and foreign commercial entered the export area have grown legislation. services. These offices overseas and at dramatically from 1987 to 1997, as Mr. Chairman, I reserve the balance home provide real hands-on assistance shown by this chart. of my time. to small- and medium-sized companies In addition, nearly two-thirds of all Mr. MENENDEZ. Mr. Chairman, I that need help getting started in the U.S. exporters had less than 20 employ- yield myself such time as I may con- export arena. We have to face it, we are ees, as is evidenced on this chart here, sume. living in a global trading economy. The so we can see that more and more Mr. Chairman, today we are taking a fact of the matter is, we want to en- small businesses are becoming involved very important step to help reverse the gage more of our companies in the op- in exporting. Most small businesses are trade deficit and support American portunities to be able to export their only casual exporters, that is, they ex- companies by reauthorizing the Over- products and services abroad. The U.S. port to just a handful of countries as seas Private Investment Corporation, foreign commercial service helps us do opposed to several countries, and thus the Trade Development Agency, and that. broaden the base of the small business the International Trade Administra- TDA is also an important com- exporting community. Nearly two- tion programs. I want to take a mo- plement to ITA and OPIC’s efforts. thirds of small exporters sold just to ment to thank the distinguished chair- TDA is often the crucial factor between one foreign market and posted total ex- man of the full committee, the gen- a project going to an American com- ports of less than $1 million. If more October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9925 casual small business exporters became they are not based on a political ori- surers. To the contrary, the program active exporters, our exports could go entation. It is a philosophical orienta- has been so effectively designed that it up by $40 billion, according to the Com- tion. I think that is the way the debate is complementary to the private insur- merce Department estimates. actually ought to run here, and par- ance that companies can get. Yes, any large reductions in the ticularly in this case the work is hard I will give my colleagues some of the trade deficit will come from macro- and we have two excellent people lead- examples where we have used OPIC, es- economic forces. Yet our government’s ing the effort here, my good friend, the pecially as emerging democracies have export promotion programs and serv- gentleman from New Jersey (Mr. come out of years of oppression. We ices should reinforce these larger MENENDEZ), and the gentleman from Il- have used OPIC, instead of taxpayer trends in order to increase exports and linois (Mr. MANZULLO). money, we have used this fund gen- reduce the trade deficit. The Export The gentleman from New Jersey (Mr. erated from the fees paid by private Enhancement Act before us today MENENDEZ) has done an excellent job corporations to help American prod- takes this direction. on this subcommittee working with the ucts be sold into these countries. The legislation is comprised of four gentleman from Illinois (Mr. MAN- It does several things. If an American main elements: reauthorization of the ZULLO), and I have a particular affinity company is building a facility, they Overseas Private Investment Corpora- for this subcommittee in that I used to tend to buy American generators, tion, OPIC, for 4 years, without expos- chair it at an earlier time. American parts. That means long-term ing taxpayers to further risk by not It is easy often to get caught up in American products are sent there. Re- changing the ceiling on OPIC’s max- the rhetoric and forget about our goal placement parts are American. That gives us the edge. imum contingent reliability; two, reau- here. Our goals here are very simple. Our goal is to make sure that Amer- Oftentimes, as these countries are de- thorization of the Training Develop- veloping, the first companies in end up ment Agency; three, reauthorization ican economic and foreign policy inter- ests are met and that American work- controlling the technology. So if we and reforming of the export promotion were even to shut OPIC down for a functions of the International Trade ers are not disadvantaged. We have seen that in so many places, where short period of time, we might lose en- Administration at the Department of tire countries to European competi- Commerce; and, four, refection in the competing with the French, the Japa- nese, the Germans, that their cor- tion. Now, we have the strongest econ- most efficient ways possible the efforts omy in the world. But we also have a of the trade promotion coordinating porate and government cooperation puts Americans at a great disadvan- massive trade deficit. committee. I want to again commend both gen- Let me talk just about OPIC. OPIC tage. Time and time again, we see their regulatory authorities coming in try- tlemen for their focus on the fact that sells political risk insurance and this is one of the tools we have to com- project finance for U.S. overseas in- ing to choke out American business. I think we have just had a great suc- pete with our European competitors vestments. Where U.S. overseas invest- cess where the European Union tried to and our Asian competitors. These peo- ments go, U.S. exports usually follow. block American jet engines, not based ple are allies, but they are very tough Between one-fourth and one-third of on the decibel level. They said it was a competitors. our exports go to overseas subsidiaries I had a company in my district come noise issue, and if they were really con- of U.S. companies. in and tell me that the Japanese, in a cerned about noise, of course, they OPIC makes money for our Govern- number of instances, had come in and would set a decibel standard, but what ment. $204 million is expected for 1999 offered an outright cash grant in order they did was they talked about the from the premiums and fees it charges to secure a contract for one of the com- manufacturing process, trying to give U.S. companies for the use of its serv- panies in their country. We do not use European-made engines an advantage. ices. This is unique. This is a Govern- taxpayer money. We use the power of ment agency that actually makes b 1130 OPIC to make sure that we can be suc- money for the taxpayers. To that end, I offered, and we were cessful for American workers. OPIC projects contributed $58 billion able to pass in committee an amend- Oftentimes, it is hard to separate the in U.S. exports and 237,000 jobs since its ment that adds additional personnel in rhetoric from the reality. But when it creation in 1971. the EU to make sure we watch the reg- comes to OPIC, not only can we take a look at its tremendous reserves in ex- OPIC competes, and this is very im- ulatory process. portant, OPIC competes against 37 The Trade and Development Agency cess of $3 billion, but we can focus on other foreign equivalents to the Over- that is also authorized in this legisla- the jobs it has created. It has $2.7 billion in reserves it has seas Private Investment Corporation. tion is critical. The Europeans are created as a result of its exports, and it OPIC contributes to our foreign policy starting to beat us worldwide because goals by helping countries move up the has facilitated 225,000 jobs in the coun- they now have over 300 million of the try. In my State alone, it has helped development ladder. OPIC is not per- wealthiest people on the planet, and fect. There are some areas in need of 15,000 jobs. People that go to work they have got a single standard. every day in each of our communities improvement, particularly in the area Now, they established that standard are working today because of the work of helping more small businesses. trying to give European industry an OPIC is making progress towards this that has been done by OPIC and TDA. advantage. Whether it is telecommuni- With the passage of this bipartisan bill, goal, and H.R. 1993 will make sure that cations or electricity or almost any it will make it even better. OPIC keeps on target. field, they try to use the European I plan to offer later today legislation Mr. Chairman, I reserve the balance standard to, not just provide health to toughen the environmental stand- of my time. and safety or efficiency or confidence ards to make sure that American pol- Mr. MENENDEZ. Mr. Chairman, I in the equipment, but really to block icy furthers international environ- yield 6 minutes to the gentleman from American products. mental standards. Connecticut (Mr. GEJDENSON), the dis- What does TDA do? TDA provides the I want to commend the gentlewoman tinguished ranking Democrat of the funding that takes a look at the needs from California (Ms. LEE) for the great full committee. of the project and really gives Ameri- work we have done together. I under- Mr. GEJDENSON. Mr. Chairman, let cans a fair shot at that project. stand there is an additional amend- me first commend the gentleman from Now, OPIC has made money, billions ment by the gentleman from California Illinois (Mr. MANZULLO) and the gen- of dollars for the American Treasury. (Mr. ROHRABACHER) which will seek the tleman from New Jersey (Mr. MENEN- It is really a cash cow in many ways. same goals. I think that it is important DEZ) for the fine work they have done But that is not its primary goal. Its that we marry these issues together. on this and so many other pieces of leg- primary goal, and it has been success- Mr. MANZULLO. Mr. Chairman, I islation in their committee. So often ful at this, is to make sure that Amer- yield 5 minutes to the gentleman from there seems to be a partisan divide ican industry can compete success- California (Mr. ROHRABACHER). that is solely political in its nature in fully. Mr. ROHRABACHER. Mr. Chairman, the debate here; and it is clear that in Now, we think a private insurance I rise in opposition to this authoriza- this instance there are differences, but program would threaten the private in- tion bill. We have heard over and over H9926 CONGRESSIONAL RECORD — HOUSE October 13, 1999 again repeated in this debate that taxes to subsidize this investment; and if they are denied market access and OPIC is in some way responsible for now they are going to have those prod- forced to brave horrible conditions. these number of thousands of jobs ucts exported to the United States so There are a number of examples that being created and this amount of com- that what they are manufacturing in we are all familiar with. The gen- petitiveness for America in relation- the United States is no longer nec- tleman from Ohio (Mr. TRAFICANT) ear- ship to its competitors overseas. I have essary because this cheap foreign labor lier this year and I introduced legisla- only three things to say about that is being used. tion to try to improve these cir- analysis, and it is called baloney, balo- This is a ridiculous scenario. It is a cumstances. An element of that bill is ney, baloney. betrayal of the people of the United going to be offered as an amendment to There is no other institution that so States. The arguments that this in ensure that we have the necessary in- blatantly is corporate welfare at the some way creates jobs in the United formation to open markets for compa- expense of the well-being and expense States is baloney. It makes jobs dis- nies and workers in the United States. of the taxpayers than OPIC. The bot- appear in the United States. By the Priority will be given, as far as those tom line is that, if OPIC can operate as way, if that is not true, I would invite investigations and studies to countries a private organization and is not cost- those people who disagree with me to which have a trade deficit with the ing the taxpayers any money, so be it. vote for my amendment that ensures U.S., priority will be given to markets Let them operate in the private sector that we are not using taxpayer money which will result in significant employ- as a private operation. to subsidize manufacturing units. ment benefits for U.S. producers. Pri- Why do we need to have congres- I have another amendment dealing ority will be given to critical tech- sional backing behind OPIC? Well, let with the environment. I am glad that nology sectors. me point out what OPIC does, and then this coincides with the gentleman from Too often, I think, we do focus on en- my colleagues will see why it has to be Connecticut (Mr. GEJDENSON). But the suring that people play fairly in the part of the government. Because no worst part about this is there is no re- U.S. market. It is time we ensure they one, no one in the private sector would striction on where we are placing this play fairly in their own home markets be as screwball as this in order to un- money, where these businessmen will so we can enhance and increase our ex- dermine the well-being of the people be able to set up the manufacturing ports in job opportunities. I want to who were picking up the tab. units. thank the gentleman from Ohio (Mr. Yes, we have heard it created this So our manufacturers, these people, TRAFICANT) in his initiative and join number of jobs here or this number of these businessmen are attracted to strongly in supporting his amendment jobs there. What we have not heard is what? They are attracted to tyrannies. as well as this legislation. how many American jobs have dis- They are attracted to dictatorships Mr. MANZULLO. Mr. Chairman, I appeared by the fact that we are sub- yield 6 minutes to the gentleman from like Vietnam and China. We have no sidizing the investment of American Alabama (Mr. CALLAHAN). provision in here at all that says, if one dollars overseas to create manufac- (Mr. CALLAHAN asked and was wants to have a government, a tax- turing units overseas that will then given permission to revise and extend payer guarantee, one is going to have hire those foreigners to do jobs that his remarks.) to set up in a democratic country. could be done here in the United States Mr. CALLAHAN. Mr. Chairman, let Thus, we have businessmen who of America. me just tell my colleagues that, if they Now, I have an amendment. If people should be attracted to countries like just look at the simple title of the object to what I am saying here and the Philippines if they want to invest agency we are talking about, the Over- say, well, that is not really true, we are overseas and take advantage of labor seas Private Investment Corporation, not doing that, I would invite those that is cheaper overseas. and if they look at the history of OPIC, who are objecting to that to support They are attracted to the very worst they simply see that it is an organiza- my amendment. My amendment which pits of tyranny throughout the world tion that was formed in 1971, to do ex- comes up with this authorization bill in order to invest. Because now they actly what it is doing, to provide our simply says that none of the money have political protection provided by American people the opportunity to from OPIC will go to establish a manu- the taxpayers of the United States of sell products overseas. facturing unit overseas. America. That is a travesty. The gentleman from California (Mr. Now, what does it do when we use It is not true that it is creating jobs. ROHRABACHER) said we are exporting taxpayer dollars to guarantee a busi- It is making jobs disappear. Again, if jobs. We are not. We are exporting nessman who would rather set up a my colleagues disagree with that, I projects. We are exporting products manufacturing unit, let us say in Com- would expect that they would be sup- that are made in America for the most munist Vietnam, rather than in Chi- porting my amendment to make sure part, made in America, 137,000 jobs that cago or rather than in New Jersey or that we are not setting up manufac- was created last year. Just because rather than in some other place in the turing units overseas. Because by defi- American business had the same oppor- United States? Well, if we are taking nition, manufacturing units cost Amer- tunity as Japanese businesses, as the risk, he is more likely to make ican jobs. French businesses, as every other coun- that investment over there, so it is I intend to vote against this reau- try does. more likely he will invest money there thorization, and I ask for support of The Overseas Private Investment rather than create jobs here. these two amendments. Corporation basically does one simple Number two what we have done is, Mr. MENENDEZ. Mr. Chairman, I thing. It says that, if we go into a once that manufacturing unit is set up yield 2 minutes to the gentleman from country, and we do support a facility overseas, what happens? Supposedly Indiana (Mr. VISCLOSKY). there that is manned by Americans that manufacturing unit is helping our Mr. VISCLOSKY. Mr. Chairman, I that is utilizing projects manufactured exports. Well, all too many times what thank the gentleman for yielding me in the United States, if that project or we found out is, no, it is not helping this time. any of the property is expropriated by American exports at all. It is taking Mr. Chairman, I want to rise in sup- that government, then OPIC under- the place of American exports. port of the legislation and commend writes the insurance program of that. We have OPIC money being used to the authors of it for taking a positive They tell the investors in those coun- guarantee businessmen going overseas, approach in enhancing our ability to tries, if that project is taken away they call it political insurance, in export goods and jobs overseas. I am from them by some unscrupulous dic- order to create jobs for these people also here to lend my strong support to tator in some country, then simply the which then, whoever they are overseas, an amendment that will be offered a United States of America will collect they are manufacturing these projects, bit later in the debate by the gen- their money for them. No private in- not to sell in their own country, but to tleman from Ohio (Mr. TRAFICANT) to, I surance company can do that. No pri- re-export to the United States. This is think, improve the legislation before vate insurance company can go in and adding insult to injury. us. say to them we are an agency of the First, we put our people out of work; Unfortunately, U.S. companies sim- United States of America; they are not we charge them money through their ply cannot compete in foreign markets going to treat our citizens this way. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9927 To think that we have people in OPIC There may be a certain number of since I have been in the Congress be- that are so unqualified as they would people that just own businesses, but cause I always felt that our country do things to discourage the very thing those people that own businesses hire needed that support, but I came very they were created to do, and that is to thousands of people to work for them close this last time under the leader- create American jobs, is ludicrous. and those are the people that I am con- ship of the gentleman from Alabama That is not the case. OPIC makes cerned about. I do not want to abolish (Chairman CALLAHAN). I believe many money. They made $137 million last jobs. I want to create jobs. of the reforms being made in foreign year. Mr. ROHRABACHER. Mr. Speaker, aid are good for the world and good for Next year they are projected to make that is correct. But the question is, our country, and I am going to have to $200 million. It costs about $50 million these people that hire thousands of give it serious thought. to operate it. I do not know how any- people, as my colleague is saying, how While the chairman is here, I have a one in their right mind could possibly can it possibly be in the benefit of twofold message. The only company in say this is not good for American busi- those thousands of people that we are America to invest in a project with nesses because it is. It gives us the op- giving a guarantee for businessmen to OPIC in the Gaza Strip was one of my portunity to play on a level playing instead build a factory overseas where companies; and they stole the money, field with countries that we are com- they will not be hiring those people? stole their equipment, and forced my peting against in order to acquire the Mr. CALLAHAN. Mr. Chairman, re- company to take them to court. opportunity for foreign investment to claiming my time, because the factory Now, a Federal judge ruled that the that particular country. is going to be built overseas anyway; bank in Gaza participated in a pattern Now, my colleagues can talk about and, primarily, all we are doing is pro- of conspiracy and racketeering and these Third World countries. They can viding insurance. We are saying, if in- stealing money and stealing the equip- talk about these bad countries. They deed a government expropriates that ment and had a finding against them. can talk about all of these things they property that the United States of But I want to say this to the chair- want. But they have to look at the his- America is going to go after that coun- man because I think he will feel good tory. They have to look at the millions try. A private insurance company, if it about this: OPIC was good and it of jobs it has created in the last 30 went in there, those dictators and changed my thinking a little bit and years. those crazy people in some of those OPIC stood there with my company. They have to look at the million crazy countries would just say, drop And that matter now is being delin- units of dollars, hundreds of millions of dead. But if they walk in there saying, eated at the highest levels after the dollars that they have generated. They I am from the United States, they have finding from that court. have to, most importantly, look at the taken this property away from an If the court of last resort does not fact that, without this agency, our American investor and we are going to make any difference with the Pales- business people in the United States of demand that they pay it. tinian activities so involved, I will be America would have no opportunity to The very fact that their losses are coming to the chairman for the ulti- compete with the French, no oppor- about one percent ought to tell us mate relief of an American company, tunity to compete with the Japanese, about the success of this. that is, Congress. no opportunity to compete with most Mr. ROHRABACHER. Mr. Chairman, Mr. CALLAHAN. Mr. Chairman, will countries because they are doing the if the gentleman will continue to yield, the gentleman yield? same thing. but does that not encourage the invest- Mr. TRAFICANT. I yield to the gen- So we do have a good agency that is ment and creation of those jobs over- tleman from Alabama. doing a good job. They are making seas? Mr. CALLAHAN. Mr. Chairman, I money. They are contributing to our Mr. CALLAHAN. Mr. Speaker, we thank the gentleman for yielding. problems of spending because they are have the opportunity in this country to Mr. Chairman, that is the very point contributing more than they are spend- do the same thing. We have the Small and the rationale behind OPIC. OPIC ing. Business Administration. We encour- does not have the authority to go in and threaten anyone on the Gaza Strip b age it here, too. But we have got to 1245 recognize we are in a global economy or any other country, but the very fact And at the same time they are cre- now. that we are saying, we are the United ating these hundreds of thousands of If they want the Japanese and States of America, we demand that you jobs. So I am here today to encourage French and every other foreign country treat our citizens fairly and that this my colleague to reauthorize this. Let to take total control of exports, if they property not be expropriated is the us not muddy it up by saying let us do want to deny us the ability of export- very reason we need OPIC. it for 1 year. Let us not muck it up by ing our products, exporting our ability Mr. TRAFICANT. Reclaiming my saying let us restrict them; let us not to make a profit and create American time, Mr. Chairman, I feel very com- let them do business in countries that jobs, yes. But just look at the very fortable with the remarks of the gen- we do not personally like. Let us let title, Overseas Private Investment Cor- tleman from Alabama (Chairman CAL- this professional group of OPIC people poration. LAHAN), and I am sure that what he who are doing a great job continue to Mr. MENENDEZ. Mr. Chairman, I says is heard also around the world. operate and continue to operate with- would like to inquire how much time I I hope I have enough time to finish out the fear of being sunseted in 1 year. have remaining. my statement. I just want to make this It is a simple reauthorization of a The CHAIRMAN. The gentleman statement to the Congress. good project that is doing a lot of good from New Jersey (Mr. MENENDEZ) has 1 The gentleman from New York for American businesses. It is doing a minute remaining. The gentleman (Chairman GILMAN) says we have a $167 lot of good to create exports. It is from Illinois (Mr. MANZULLO) has 8 billion trade deficit, another record. doing a lot of good to create jobs here minutes remaining. My colleagues, that is not the half of in the United States. Mr. MANZULLO. Mr. Chairman, I it. The new trade deficit reports for the Mr. ROHRABACHER. Mr. Chairman, yield myself such time as I may con- first quarter of this year $87 billion for will the gentleman yield? sume. 3 months, close to $350 billion Mr. CALLAHAN. I yield to the gen- Mr. Chairman, I want to thank the annualized if it maintains the way it tleman from California. gentleman from Alabama (Chairman is, that is 7 million jobs. Mr. ROHRABACHER. Mr. Speaker, I CALLAHAN), who is chairman of the Ap- Now, I have not voted for any of this can understand the argument of the propriations Subcommittee on Foreign legislation because, quite frankly, I do gentleman that this is good for Amer- Operations, for the tremendous work not think it is really doing what it is ican business because there is only a that he has provided for OPIC. set out to do. But I am going to vote certain number of people in this coun- Mr. MANZULLO. Mr. Chairman, I for the modest reforms that are at- try that own businesses. yield 4 minutes to the gentleman from tempted to be made in OPIC this year. Mr. CALLAHAN. Mr. Speaker, re- Ohio (Mr. TRAFICANT). I want to commend the chairman in- claiming my time, let me respond to Mr. TRAFICANT. Mr. Chairman, I volved and the ranking member be- that now. have never voted for a foreign aid bill cause it is, at least, a valid attempt. H9928 CONGRESSIONAL RECORD — HOUSE October 13, 1999 But my amendment says one other So I find it strange that some of our the United States, have an incentive to thing: do not just tell us who is vio- friends here are saying let us have a provide this insurance that private in- lating trade agreements. Tell us what level playing field in one area, but let surers do not. We are leveraging the the status of the market access is in us not have a level playing field in full faith and credit of the United those countries. Do not just tell us other areas. States to create American jobs, to im- they are denying or they are violating Lastly, I would commend my friend, prove American profitability. That is trade agreements. the gentleman from California (Chair- an American interest. That is a func- Under the Traficant amendment, it man ROHRABACHER), who makes a very tion that benefits all Americans, and it tells us what is the situation on mar- sensible point. Why are we encouraging is a proper role of Government. ket access and, if they are denying us American corporations to take manu- Now, if a factory is going to be built market access, what are the products facturing jobs out of this country, lay overseas, it is going to be built over- they are denying from America and off American workers, and take those seas. OPIC already, in its law which we what is the marketplace that exists jobs abroad, often to countries where reauthorize here, is statutorily prohib- there so we can export more of our the environmental standards are lim- ited from supporting any project that product. This is absolutely necessary. ited, where workers do not have free- is likely to have a significant negative I am for free trade. But, by God, if dom to stand up for their rights, to effect on the U.S. economy. And a busi- they are denying us access, we do not form a union, and where they are paid ness which receives OPIC’s support just need continuing reports telling us very, very limited wages? So I think must agree not to transfer U.S. jobs what they are denying us access about that amendment makes a lot of sense. overseas. and what is the Trade Rep, what is the I would also point out to those people The question is, if a factory that does International Trade Administration, who talk about the booming American not exist here is going to be built over- what is Department of Commerce going economy to understand that American seas, is it going to be a plant that re- to do about it. workers today are working 160 hours a quires American parts, American man- I know the gentleman from Cali- year more than they did 20 years ago. I ufacturing skills, and creates demands fornia (Chairman ROHRABACHER) has an would point out to those people who for American products overseas; or is it amendment coming up, and I am prob- talk about the booming economy that going to be a French factory or a Japa- ably going to support his amendment. the average American worker today in I only have a little bit of time left, nese factory or a German factory that real inflation accounted for wages is but let me say this: I want to know is not going to be buying any American making less than was the case 25 years what they are denying to American parts made here at home and sold producers. And I think we have to keep ago. abroad but which American workers So I think, while OPIC is the tip of their feet to the fire. are making and gaining salaries from? Mr. MANZULLO. Mr. Chairman, I re- the iceberg, it makes no sense to me So we should not advocate these jobs serve the balance of my time. that we put taxpayers’ money at risk to other nations. We should not advo- Mr. MENENDEZ. Mr. Chairman, I in what clearly amounts to a corporate cate these emerging markets to other yield 3 minutes to the gentleman from welfare situation. nations. As I said, OPIC’s charter pro- Vermont (Mr. SANDERS). Mr. MENENDEZ. Mr. Chairman, I hibits any financing for projects that Mr. SANDERS. Mr. Chairman, I yield myself such time as I may con- could cause Americans job loss here at thank the gentleman for yielding me sume. home. Those projects actually mean the time. Mr. Chairman, I appreciate the state- more American jobs. I would just, Mr. Chairman, make a ments of several of our colleagues. I It is in that context that I want our few observations. Number one, when we just want to put them in some context colleagues to think about this debate. talk about a record-breaking trade def- in this general debate. This is not about overall trade issues. icit, that should suggest to every Mem- I want to address some of the argu- This is about helping American compa- ber of this body that it is high time to ments that have been made because nies who find themselves competing make fundamental changes in our they make good sound bytes, but I am with companies of other countries trade policy with regard to NAFTA, not sure they hold up under scrutiny. abroad whose countries are investing GATT, and Most Favored Nation sta- We are not talking about, I say to enormous amounts of money to make tus. our colleagues who are listening back their contracts possible. The Germans, There is something very, very wrong at their offices and those that are here the French, the Japanese all over the when major American corporations are on the floor, it is not about trade world, they are helping their compa- investing tens of billions of dollars agreements, it is not about Most Fa- nies make it possible. How could we throughout the world, including coun- vored Nation trading status, it is not disarm American companies, which tries like China, where workers are about other trading issues that are means American workers, from having paid 20 cents an hour and have no sometimes divisive in these chambers. the opportunity to compete in that democratic rights; and yet it is very, This is not about that. So let us get global marketplace? That is what is at very hard to get these same companies that straight. I know many people will stake in this legislation. to invest in Vermont or New England try to bring in those issues in this de- Mr. Chairman, I yield back the bal- or any other State in this country. bate, but the legislation being consid- ance of my time. The second point that I would make ered today is not about that. It is Mr. MANZULLO. Mr. Chairman, I is that we have heard some of our about creating the opportunities in the yield the balance of our time to the friends here say, let us have a level context of the reality of the world gentleman from Nebraska (Mr. BEREU- playing field. Let the United States do today to have American companies TER). what countries in Europe are doing. I that create American jobs here at (Mr. BEREUTER asked and was would suggest that if we follow that home and that export American prod- given permission to revise and extend line of reasoning, the United States of ucts to those manufacturing plants in his remarks.) America would institute a national other parts of the world to have oppor- b health care system guaranteeing tunity. 1300 health care to all people. That is what Now, there are those that have ques- Mr. BEREUTER. Mr. Chairman, as they do in Europe. tioned, why does OPIC not become a vice chairman of the authorizing com- I would suggest that the United private entity? Why the hell do we mittee and a cosponsor of H.R. 1993, I States Government would provide free need the United States Government to rise in strong support of the Export En- college education to all of our kids. be engaged? Well, the full faith and hancement Act. That is what they do in many countries credit of the United States is a power- I wish that one of our sage Founding in Europe. I would suggest that the ful tool, and it is a tool that is not Fathers, Benjamin Franklin, were here United States Congress would mandate available to private insurers. For a job today. He would find the discussion 4 or 5 weeks’ paid vacation for all of as big as this, this is a tool we need. here interesting and reminiscent. He our workers. That is what they do in It is not that these projects are not a said over 200 years ago, ‘‘No Nation was Europe. good risk, because they are. But we, ever ruined by trade.’’ Indeed, that is October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9929 true. International trade is a signifi- subsequently selling American-made ber would point out that OPIC does not cant part of American economic spare parts and services for this equip- insure against commercial risk or cur- growth and prosperity today. The pro- ment for many years to come be con- rency devaluation. While OPIC is run grams of OPIC, the Trade and Develop- sidered taking jobs away from Ameri- like a profitable private business, it ment Agency and the International cans? If we do not sell the Egyptians still needs to provide long-term polit- Trade Administration are an integral these power plants, then the Euro- ical risk insurance that is not fully part of our trade promotion system. We peans, Japanese, Canadians or other available in the private sector. For ex- need to protect it. They have a proven foreign competitors certainly will sell ample, with the assurance provided by record of strengthening trade and pro- them and their economies will benefit $1.8 million of OPIC political risk in- moting American exports, and they at the expense of ours. surance, Agro Management, a minor- certainly warrant reauthorization by The United States does not grow tea. ity-owned small business from Cali- this Congress. Therefore, how does investing in a tea fornia, is now able to work with Ugan- Since it was created in 1971, OPIC has plantation in Rwanda steal American dan farmers to produce African chrys- backed projects worth $121 billion and jobs? Indeed, it supports U.S. jobs inso- anthemums from which oil is extracted helped create approximately 230,000 far as that tea operation needs tools, and used as a natural nontoxic and en- new U.S. jobs and $56 billion in exports. machinery, trucks and other services. vironmentally-friendly insecticide. More than $2.8 billion in American ex- These are products and services pro- This is just one example of many in- ports were generated by OPIC-sup- vided by American firms and produced vestments that will contribute to the ported projects in 1998 alone. More by American labor. estimated $9 billion in increased trade than half of the identified suppliers to The United States is not home to the with sub-Saharan Africa that likely OPIC-backed projects around the world African savannah, and giraffes, zebras would not occur if it were not for OPIC are U.S. small businesses. In this Mem- and baboons are not our native wild- insurance. ber’s State alone, OPIC projects have life. Therefore, how does supporting Similarly, the Trade and Develop- generated about $869 million in exports the eco-tourism industry in Botswana ment Agency has a successful record of from the State generating 2,662 jobs. by investing in new hotels and tour op- promoting American business involve- Examples like that can be given from erations take away American jobs? On ment in infrastructure projects in de- every State. the contrary, this tourism type of de- veloping and middle income countries. OPIC is certainly cost beneficial to velopment requires all kinds of infra- Since its inception, the TDA has gen- the American taxpayer. In addition to structure, construction materials, fur- erated over $12 billion in American ex- the American jobs OPIC projects cre- nishings, vehicles and a wide range of ports. This equates to $32 in U.S. goods ate, 100 percent of OPIC’s operating services, everything from financing to and services exported for every $1 spent costs are covered by user fees to the in- marketing. These are goods and serv- on TDA projects. And for every dollar dividual clients, meaning these admin- ices that Americans produce and can that TDA invests, the agency receives istrative costs are not a burden to the now sell to a new market in Botswana. another 50 cents in cost-sharing. taxpayer. In fact, OPIC generates rev- All of America’s economic competi- Last year alone, over $1.8 billion in enue and has generated over $3.3 billion tors, including Japan, Germany and U.S. exports were associated with TDA to deficit reduction and other inter- France, offer a comprehensive array of activities. Eighty percent of those ex- national affairs accounts. It is antici- export and overseas investment sup- ports were comprised of manufactured pated that in this fiscal year, OPIC will port. They far outstrip what we offer. goods, illustrating the strong link be- generate an additional $200 million to They certainly recognize the over- tween TDA projects and U.S. job cre- deficit reduction. whelming benefit to their own econo- ation. OPIC, then, is a win-win program mies of such assistance. Indeed, the The International Trade Administration and that is successful in mobilizing the pri- U.S. spends less per capita as a per- Foreign Commercial Service is also re-author- vate sector investment in support of centage of GNP and in dollar terms on ized in this bill. This funding supports the ac- U.S. foreign policy objectives at no op- supporting private sector investment tual personnel stationed at U.S. embassies erating expense to the American tax- in developing countries than any other and U.S. commercial offices around the globe payer. OPIC promotes U.S. best prac- major competitor country. who successfully promote American goods tices, too, by requiring projects to ad- Mr. Chairman, the claims have been and services abroad and provide assistance to here to international standards on the made that OPIC is corporate welfare American businessmen seeking new inter- environment, workers rights and and has eliminated American jobs. Op- national trade opportunities. human rights. OPIC projects help im- ponents of OPIC, and the Chairman Mr. Chairman, H.R. 1993, the export en- prove the stability in developing coun- will like this one, have cited Cater- hancement legislation before us, re-authorizes tries and emerging economies by pro- pillar Corporation as one of those ‘‘fat a successful American export and trade pro- viding an economic boost to the efforts cats’’ benefiting from OPIC. Caterpillar motion system. The economic benefits of this of reform-minded governments. For ex- makes much of its tractors and heavy cost-effective system to American business- ample, Hungary’s opening to the West equipment in Peoria, Illinois, the epit- men, workers and farmers have proven to be allowed OPIC to support U.S. invest- ome of an American city, and, of overwhelming. ment there in 1990. These investments course, in other American cities. This I urge my colleagues to give strong at this critical time of transition cer- Member suspects he would be very hard support to this legislation. tainly helped accelerate the kind of pressed to find among Caterpillar Mr. WU. Mr. Chairman, I rise today on be- positive economic and political reforms workers assembling tractors any of half of my home state of Oregon, and in in Hungary that transformed that them who would believe that they are strong support of H.R. 1993, the Export En- country from a captive Warsaw Pact the fat cats that are benefiting from hancement Act. satellite into a free NATO ally. OPIC. Quite simply, trade is one of the critical driv- To those who express concern about These are hardworking Americans. ers behind Oregon's current economic pros- OPIC-supported investments abroad At no cost to the taxpayer, OPIC helps perity; and trade is expected to grow in impor- luring jobs from America to foreign to promote the sale of tractors and tance in the years ahead. The Overseas Pri- countries, this Member recommends earth-moving equipment that they vate Investment Corporation (OPIC), the they examine closely what kind of in- make. Given the significant support Trade and Development Agency (TDA), and vestments OPIC is supporting and what foreign competitors receive from their the International Trade Administration (ITA) kind of so-called foreign jobs are being governments, without OPIC, America’s have played a key role in the promotion of Or- created. For example, the United Caterpillar Corporation and its em- egon exports. I strongly urge my colleagues to States cannot supply raw electrical ployees are in many instances at a real support this important legislation. power to Egypt. However, we can sup- disadvantage to Japan’s Komatsu or Mr. Speaker, OPIC, TDA, and ITA play an ply American-made power generating Korea’s Hyundai Corporation. important part in the promotion of American equipment and services. How can sell- To those who claim that OPIC is un- exports. They are good for American workers, ing power generating equipment made necessary or competes against private good for American businesses, and good for in the U.S. by American workers and sector insurance providers, this Mem- the American economy. Each of these very H9930 CONGRESSIONAL RECORD — HOUSE October 13, 1999 worth agencies requires a relatively small in- and nontrade barriers to better prepare the ‘‘Commercial Service’’) plays an impor- vestment. But they certainly reap big results and educate U.S. companies about de- tant role in helping United States businesses for Americans. veloping markets. identify export opportunities and develop re- Mr. Speaker, I strongly urge my colleagues Their list of accomplishments is liable sources of information on commercial prospects in foreign countries. to support American exports and support this long, having succeeded in resolving se- (11) The Congress has, on several occasions, important bill. rious compliance problems relating to encouraged the Commercial Service to focus The CHAIRMAN. All time for general discriminatory regulations and bar- its resources and efforts in countries or re- debate has expired. riers faced by American industries. gions in Europe and Asia to promote greater Pursuant to the rule, the committee While not a perfect bill, it does pro- United States export activity in those mar- amendment in the nature of a sub- vide certain safeguards for the Amer- kets. stitute consisting of the bill modified ican taxpayer and it does afford the op- (12) The Congress supports the expansion of by the amendments printed in the bill portunity for careful oversight by this the Rural Export Initiative by the Inter- shall be considered by section as an national Trade Administration (in this Act committee and the Congress in general. referred to as the ‘‘ITA’’) of the Department original bill for the purpose of amend- I ask my colleagues to support this bill of Commerce, particularly those elements ment, and each section is considered this afternoon. related to the use of information technology read. The CHAIRMAN. The Clerk will des- and electronic commerce techniques. No amendment to that amendment ignate section 1. (13) The Congress is encouraged by the suc- shall be in order except those printed The text of section 1 is as follows: cess of the Market Access and Compliance in the portion of the CONGRESSIONAL Be it enacted by the Senate and House of Rep- Unit of the ITA and supports the Unit’s ef- RECORD designated for that purpose resentatives of the United States of America in forts to develop mobile teams to resolve and pro forma amendments for the pur- Congress assembled, market access problems and ensure compli- SECTION 1. SHORT TITLE. ance by United States trading partners with pose of debate. Amendments printed in trade agreements and commitments. the RECORD may be offered only by the This Act may be cited as the ‘‘Export En- hancement Act of 1999’’. (14) The Congress acknowledges the de- Member who caused it to be printed or mands upon the Market Access and Compli- his designee and shall be considered The CHAIRMAN. Are there amend- ance Unit of the ITA and recommends that read. ments to section 1? priority be given to funding for this unit to The Chairman of the Committee of The Clerk will designate section 2. ensure that adequate resources are available the Whole may postpone a request for a The text of section 2 is as follows: for it to fully implement its mission. recorded vote on any amendment and SEC. 2. FINDINGS. The CHAIRMAN. Are there amend- may reduce to a minimum of 5 minutes The Congress makes the following findings: ments to section 2? the time for voting on any postponed (1) Since it began operations in 1971, the The Clerk will designate section 3. question that immediately follows an- Overseas Private Investment Corporation (in The text of section 3 is as follows: this Act referred to as ‘‘OPIC’’) has sold in- SEC. 3. POLICY RECOMMENDATIONS. other vote, provided that the time for vestment services and mobilized private sec- voting on the first question shall be a The Congress makes the following declara- tor resources to assist developing countries tions: minimum of 15 minutes. and emerging democracies in the transition (1) OPIC should set its fees at levels suffi- Ms. ROS-LEHTINEN. Mr. Chairman, from nonmarket to market economies. cient to cover all operating costs, repay any I move to strike the last word. (2) In an era of declining Federal budgetary subsidy appropriations, and set aside ade- Mr. Chairman, this bill before us en- resources, OPIC has consistently dem- quate reserves against future losses. compasses three agencies which are at onstrated an ability to operate on a self-sus- (2) OPIC should maintain a conservative the heart of the U.S. strategy to ex- taining basis to support United States com- ratio of reserves to contingent liabilities and pand its export opportunities and to panies and promote economic reform in limit its obligations in any one country in emerging economies in Africa, the newly its worldwide finance or insurance portfolio. ensure greater access for American independent states of the former Soviet companies, big and small. (3) Projects supported by OPIC should not Union, Latin America, and the Caribbean. displace commercial finance or insurance of- As passed by the Committee on Inter- (3) OPIC has played an important role in ferings and should encourage private sector national Relations, it helps make the reinforcing United States foreign policy financing and insurance participation. Trade and Development Agency more goals and in strengthening the United States (4) Independent auditors should report an- self-sufficient by requiring companies economy by creating jobs and promoting ex- nually to the Congress on the level of OPIC’s and entities benefiting from its pro- ports. reserves in relation to its liabilities and pro- grams to share in the costs and to re- (4) Over the past 28 years, projects sup- vide an analysis of the trends in the levels of ported by OPIC have generated over reserves and liabilities and the composition imburse for projects secured, even if $58,000,000,000 in United States exports, mobi- the project is not the original one pur- of its insurance and finance portfolios, in- lized $121,000,000,000 of United States private cluding OPIC’s investment funds. sued. sector investment, and created more than (5) OPIC should double the dollar value of It establishes congressional guide- 237,000 United States jobs. its support for small businesses over the next lines and recommendations on the op- (5) OPIC has been run on a sound financial four years. erations of these agencies to seek and basis with reserves totaling approximately (6) In administering the programs and ac- use more private sector resources, and $3,300,000,000 and with an estimated net budg- tivities of the ITA, the Secretary of Com- to place greater emphasis on the pro- et contribution to the international affairs merce should give particular emphasis to ob- account of some $204,000,000 in fiscal year motion of small businesses and make taining market access for United States 2000. firms and to securing full compliance with them more export competitive. (6) OPIC has maintained a claims recovery This bill also provides for greater ac- bilateral and multilateral trade agreements. rate of 95 percent, settling 254 insurance (7) The ITA should facilitate the entrance countability and oversight as it calls claims for $541,000,000 and recovering all but of United States businesses into the coun- for independent auditors to report an- $29,000,000 since 1971. tries of sub-Saharan Africa and Latin Amer- nually on the level of OPIC’s reserves (7) OPIC programs have served to rectify ica. and requires that greater emphasis and market failures, including limited market (8) The Commercial Service, within the resources be dedicated to assisting information in developing countries and un- ITA, should consider expanding its presence small businesses compete in the global derdeveloped capital markets, by insuring in urban areas and in urban enterprise areas. United States firms against economic and AMENDMENT NO. 9 OFFERED BY MR. TERRY arena. market uncertainties. Further, it establishes reporting re- (8) The Trade and Development Agency (in Mr. TERRY. Mr. Chairman, I offer an quirements for ITA and focuses on the this Act referred to as ‘‘TDA’’) promotes amendment. work of the Market Access and Compli- United States business involvement in infra- The CHAIRMAN. The Clerk will des- ance unit of the International Trade structure projects in developing and middle ignate the amendment. Administration which, along with the income countries. The text of the amendment is as fol- other units, monitors, investigates and (9) TDA has generated $12,300,000,000 in ex- lows: evaluates foreign compliance with over ports since its inception, with every $1 in Amendment No. 9 offered by Mr. TERRY: spending for TDA projects leading to the sale Page 6, insert the following after line 21: 250 U.S. trade agreements; helps re- of $32 in United States goods and services (9) OPIC must address concerns that it solve company and industry-specific overseas. does not promptly dispose of legitimate market access problems in country and (10) The United States and Foreign Com- claims brought with respect to projects in- regional markets; identifies market mercial Service (in this Act referred to as sured or guaranteed by OPIC. The Congress October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9931 understands the desire of OPIC to explore all courtesy. A member of the gentleman’s the amendment, let us again look at possible arrangements with foreign parties. committee has been participating in the validity of the organization itself. However, OPIC must be aware that private several discussions of which I have We have heard today, for example, a parties with legitimate claims face financial been involved with Mr. Munoz and question, and unfortunately this type obligations that cannot be deferred indefi- of debate we only get a couple chances nitely. OPIC concerning the status of several claims and their unwillingness to deal to go back and forth, and I did not get Mr. TERRY. Mr. Chairman, I rise with them in a timely manner, and I a chance to ask my colleagues, but we today to offer this amendment in hopes will meet with the gentleman as soon heard the declaration that what harm that I can bring much needed account- as this colloquy and amendment are does it do to have U.S. tourist dollars ability to OPIC’s operations. I believe over, and I will give him the details of poured into a certain country? Mr. that government should exercise a high that, and I apologize for not doing that Chairman, I do not know what States degree of discretion in becoming in- in advance. these people come from, but tourism volved in essentially private sector Mr. BEREUTER. Mr. Chairman, I means a lot to the people of my area. I business functions. At the same time, I move to strike the requisite number of would like us to have, rather than hav- understand that OPIC exists to fill a words. ing Americans, businessmen, investing void by providing political risk insur- Mr. Chairman, I do rise in strong sup- and luring tourist dollars away from ance in countries where private insur- port of the amendment offered by my the United States, I would like those ers may hesitate to go. The appropriate colleague from Nebraska (Mr. TERRY). tourist dollars to come to Orange balance is for an agency such as OPIC Mr. TERRY has been very much engaged County, California, and to stay in the to be scrupulous in maintaining a busi- in this issue as, in fact, his predecessor hotels and to use the facilities in my nesslike approach to its dealings, yet and the whole Nebraska delegation has area, and if my colleagues do not want be constantly aware of its duty to been engaged for some period of time. them in their areas, that is fine. But maintain public confidence and trust. There were an unfortunate series of the fact is that building up the infra- The House Foreign Operations Com- things that happened with the collapse structure to attract tourist dollars to a mittee has noted, ‘‘OPIC must be aware of the economy in Indonesia that af- foreign country does impact on Amer- that private parties with legitimate fected many American firms, including ican jobs and, in fact, hurts the very claims face financial obligations that an energy facility firm in our State. lowest employees, the people who cannot be deferred indefinitely.’’ Com- We have worked at length on this mat- make the least in our society. I happen to have earned a living panies that have disputes before OPIC ter with OPIC, Treasury, and the Indo- when I was younger scooping ice cream have the right to know where they nesian Government without much suc- at Marineland Snack Bar, which was a stand. It is reasonable for businesses to cess. I believe that in all probability tourist attraction. Yes, I would rather have a full understanding of the status these kinds of things would not happen those tourists come there, provide me of their claims. again, but with the support of the that work, than having American dol- Mr. Chairman, my amendment adds a chairman of the Committee on Foreign lars being guaranteed to build tourist statement of policy that OPIC should Operations, Export Financing and Re- be more sensitive about the impact of attractions overseas to create jobs lated Programs, and with the contin- overseas. its delays on private businesses. I urge ued tenacity and diligence of my col- its approval. I am sorry, those tourist dollars do league from Omaha, I believe that this take away from American jobs. Mr. CALLAHAN. Mr. Chairman, I amendment should be adopted as a move to strike the last word. And what about this great tractor sense of the House. It is an important factory in Illinois that we heard about? Mr. Chairman, I rise, I think, in sup- sense of the Congress to convey to port of the amendment offered by the Well, okay. My amendment suggests OPIC so that in fact a very good OPIC that OPIC will never be able to guar- gentleman from Nebraska (Mr. TERRY), program is improved and American antee the building of a tractor factory. and I rise also to engage in a colloquy businesses not disadvantaged. I would suggest to the gentleman with him, to tell him that there are In fact, Mr. Chairman, I think of from Illinois (Mr. MANZULLO) and the ways that we can get OPIC to respond, course to some extent we can reform gentleman from Nebraska (Mr. BEREU- if indeed they are not responding as my our agencies to the maximum extent, TER) who had this tractor factory in colleague or some of his parties of in- and they are doing excellent work, but their district, they should support my terest may think they ought to re- when we have a foreign government amendment which will prohibit the spond. I would invite the gentleman, if that basically collapsed with an in- building of tractor factories with tax- he would like, to bring his concerns to volvement of the IMF as well, some- payer guarantees overseas. So I would me as chairman of the Subcommittee times American business is disadvan- ask the gentleman from Nebraska and on Foreign Operations, Export Financ- taged. the gentleman from Illinois and others ing and Related Programs, the com- So I thank my colleague and com- who have such factories, or if my col- mittee that funds OPIC, albeit we do mend him, and I urge support for his leagues have any factories in their dis- not need to fund them; we take their amendment. tricts, let us make sure we do not guar- 200 million, and we give them back 50, Mr. MANZULLO. Mr. Chairman, I antee the investment of building such and that is sort of a plus for my com- move to strike the requisite number of factories overseas. We are not doing mittee. words. very good work for our constituents if But the gentleman is absolutely Mr. Chairman, I would accept the we do. right. If OPIC is not responding in a amendment offered by the gentleman And what about that investment on professional, timely manner, then this from Nebraska (Mr. TERRY), Number 9. the West Bank that we heard from the ought to be brought to my attention, Mr. ROHRABACHER. Mr. Chairman, gentleman from Ohio (Mr. TRAFICANT) and I will support the gentleman’s I move to strike the requisite number about? Do we really want the tax- amendment and at the same time en- of words. payers to guarantee people who will in- courage the gentleman from Nebraska First of all, I rise in support of this vest in places like the West Bank, or (Mr. TERRY) to bring his concerns to amendment, and obviously there is a should they have to take their own me, and I will call the proper officials lot of fixing that we need to do on any risk? Why is it that we let people have from OPIC to my office, and we will get government program and obviously a guarantee of U.S. tax dollars for their a quick response to any problem he sending a message out that we want investment in far-off countries where may have. the program officers to be efficient and there are risky investments, but we Mr. TERRY. Mr. Chairman, will the effective and on time is certainly a will not give people investing in the gentleman yield? good message. I would like to remind United States those type of guarantees Mr. CALLAHAN. I yield to the gen- us, as we debate this particular amend- when they come into our areas that are tleman from Nebraska. ment, that there is a question, of a little bit risky or they are going into Mr. TERRY. Mr. Chairman, I thank course, as to whether or not the very a risky-type business? Here we are giv- the gentleman from Alabama for that fundamentals of OPIC deserve even an ing them this perverse incentive to in- offer, and I should have offered him the amendment like this. While I support vest overseas rather than invest here. H9932 CONGRESSIONAL RECORD — HOUSE October 13, 1999 Now we could talk, and we have somehow someplace off in the bureauc- Mr. ROHRABACHER. Mr. Chairman, heard about this over and over, jobs, racy there is somebody who is inappro- will the gentleman yield? jobs, jobs. I hope people have gotten priately holding things up. Mr. GEJDENSON. I yield to the gen- down to the next level rather than just It seems to me that when we are tleman from California. this rhetoric. We are talking about the dealing with OPIC’s ability to process Mr. ROHRABACHER. Mr. Chairman, loss of jobs. We are talking about an claims, which is the concern, I think, I understand OPIC is not doing busi- organization whose very purpose, as we that has prompted the gentleman from ness in China. have heard time and again, to build Nebraska’s amendment, or maybe Mr. GEJDENSON. Reclaiming my tractor factories overseas, to build there may be more here, that one has time, it is important that we recognize tourist attractions overseas, to let to appreciate what OPIC has to do in reality from what we would like reality these American businessmen take order to be fair to the businesses that to be. There is no investments in risky investments and have the Amer- are involved, to be fair to the taxpayer, China. Even if they wanted to now as a ican Government stand right besides because as has been pointed out by our result of, I think, a bipartisan effort, them. I do not want the American Gov- other friend from Nebraska, this is an we have put in language because of ernment standing besides people who operation that, in fact, has not lost any Tiananmen Square; they rightly can- are investing capital and creating jobs taxpayer money at all, and in fact this not do business in China. So, reclaiming my time, we are going overseas. I do not want the American year is going to be surplusing money. to have plenty of time to go over this Government to help them. I want the Mr. Chairman, part of what they debate further. American Government either to stay have done in terms of hitting the bal- neutral or to create the jobs here in ance has been careful processing of b 1330 the United States of America. claims of this nature. They have got Mr. RANGEL. Mr. Chairman, I move Whose side are we on? Well, OPIC something like a 95 percent recovery to strike the requisite number of certainly is on the side of the Amer- rate. I think it is important that we words. ican worker; but we have heard it over not assume that the people in the orga- Mr. Chairman, I would like to take and over again that, yes, this helps nization are not, in fact, processing this opportunity to express my support business. Well, everything that helps these in an orderly fashion, that deal- of the work that OPIC is doing. It is al- business does not necessarily help the ing with a country like Indonesia ways an emotional thing when we American working people, and I hope where we have multiple interests and think that in dealing with foreigners, that by what I have said I have helped our friends at OPIC are not just dealing we are going to lose American jobs. people understand how, yes, it does with one company, but they are deal- And, coming from a community like help a couple of investors make some ing with fashioning a record in a coun- mine who still suffers unemployment big bucks by investing in risky ven- try that is in turmoil, and I am sure and underemployment, I would like to tures, sometimes in dictatorships over- they are being pushed on by people spend my time on the floor doing all seas like Vietnam and Communist from other agencies, from the State that I can to encourage investments in China; but it dramatically hurts the Department or from Treasury. We have my community and similar commu- American working person. issues that people on this floor have nities within the United States. The gentleman from Ohio (Mr. TRAFI- been concerned with, and we have But I think we all have come to un- CANT) over there told us about how he other national interests that we are derstand that trade and commerce in- was so concerned about this huge def- trying to do in stabilizing the situation volves exports and that the exporting icit that we have. How much of that in Indonesia to try and play that in a industry creates jobs, many in my dis- deficit is due to the fact that OPIC has sophisticated and thoughtful fashion. trict. I have had the opportunity to been encouraging people to invest over- Mr. Chairman, I would just hope make several trips to sub-Saharan Af- seas? And those factories are not nec- that, as we are dealing with this lan- rica and to work with OPIC and the Ex- essarily selling overseas, but what they guage that people are making asser- Im Bank and American businesses. are doing is re-exporting to the United tions about the behavior of our friends And so often we hear that with these States. How much of that, I ask the at OPIC, that taking a step back, tak- developing countries that we cannot gentleman from Ohio (Mr. TRAFICANT) ing a deep breath, appreciating the dif- give them fish, but we have to give comes from there? ficult position they are in, caught be- them the tools to teach them how to Mr. BLUMENAUER. Mr. Chairman, I tween people on one hand who refuse to fish. And so many times we see in these move to strike the requisite number of acknowledge the positive contributions developing countries, well, it is not words. that this makes to our economy and just a question of American businesses Mr. Speaker, I am listening to the de- economies around the world and then getting the protection of OPIC, but it bate here today, and I hope that we interfering with an appreciation of is the question of American businesses have some degree of context as we are what they have to do to try and be a being able to export to these American moving forward dealing with what I loyal soldier and an arm of the United businesses that are located in these think is a very important program for States Government and advancing oth- countries. America and for people in the State ers of our interests. I would hope that the gentleman that I represent, Oregon. I will be prepared to talk at greater from California (Mr. ROHRABACHER) I have been trying to understand the length about that at another time. will continue to have enlarged tourist gist behind the amendments from the Mercifully, Mr. Chairman, I am pre- activities in his district. But in order gentleman from Nebraska (Mr. TERRY). pared to yield back the balance of my to do this, people have to have jobs, I have talked to OPIC; I have tried to time at this point, but I do hope that they have to have money, and many of get a feeling for what it is, in fact, we we do not have sort of cardboard cut them are able to enjoy tourism here be- should be doing. outs when we are considering amend- cause they have jobs that are here. Along with the gentleman from Ne- ments like this and appreciate the dif- So there are enough restrictions to braska (Mr. BEREUTER) I had the oppor- ficult task that they have been given show that the investment is not going tunity to spend some time earlier this and some appreciation for the bal- to be a direct challenge to our manu- year in Indonesia, and as we hear the ancing of the interests that they have facturing operation; that is written two speakers that have addressed to have. into the law. But it would seem to me themselves to this amendment now and Mr. GEJDENSON. Mr. Chairman, I that it would be a terrible thing to put where it takes us, I feel that it is im- move to strike the requisite number of such restrictions on OPIC that those portant to take a deep breath. I have words. people, and they are people who have no objection I guess per se to the lan- Mr. Chairman, I just yield to the gen- the courage to take the risks, to go guage that has been offered, but there tleman from California (Mr. ROHR- overseas, that America goes with them is the subtext here that somehow OPIC ABACHER) to answer one small question. as partners and say that we want in- is not being responsive; that somehow He keeps referencing China, as I under- vestment in this part of the world, we that these things can simply be moved stand it. How much business has OPIC want people to be economically inde- along very slick and easy; and that done in China? pendent, we want to make certain that October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9933 we preserve democracy, because de- types of reforms that are coming from OPIC helping Texaco and its partners mocracy without economic support the gentleman from Illinois (Mr. MAN- receive $139 million in government- cannot last that long. ZULLO), the gentleman from New Jer- backed OPIC financing for a power gen- So it just seems to me that we can sey (Mr. MENENDEZ), the gentleman eration project in the Philippines. take a deep breath about these things from New York (Mr. GILMAN), the gen- Chase Manhattan Bank, oh, my good- when it involves foreign countries. We tleman from Connecticut (Mr. GEJDEN- ness, the United States Government say foreign and all of the vital juices SON), and others. I think for once, it can have the stand with Chase Manhat- fly up. But God knows, I believe that turns a reasonable profit. tan Bank who received $200 million in we ought to stamp out communism Mr. SANDERS. Mr. Chairman, I U.S. Government-backed OPIC insur- wherever we find it, yet we find the move to strike the requisite number of ance for a telecommunications project majority of people here think we words. in Colombia. should do business with China and with Mr. Chairman, it is very clear that So I would suggest to my friends who North Vietnam and North Korea, and this debate in truth goes far beyond support laissez-faire capitalism, you then we have a little island right out OPIC. It goes to whether or not we as cannot do both things. You cannot say there in the Caribbean. It seems as Members of Congress feel positively that the government cannot protect though we get so upset when we try about our current trade policies, and working people and low-income people just to remove the embargo, even that, in truth, has to do with NAFTA, in this country, terrible thing, but yes, though I do not know about Castro try- GATT, MFN, has to do with the Inter- the United States Government and ing to do anything to overthrow our national Monetary Fund, the World OPIC can protect the interests of mul- government; still, we are very selective Bank, OPIC, Ex-Im Bank and so forth tinational corporations. when we start getting angry with Com- and so on. That is what it really has to Let me make another point, and I munists. do with. OPIC, in truth, is a small part think I am echoing a point that the But since there are so many other of that whole picture. gentleman from California (Mr. ROHR- countries that do have democracies and I would argue that any conscientious ABACHER) made a moment ago. People these are the countries that certainly Member of the House who examined say well, we are in a global economy, do not cause us political problems, I the facts would conclude that our cur- companies are going to invest abroad, hope that my friends on this side and rent trade policy, OPIC and everything and that is true. But it seems to me the other side of the aisle would find else, has not succeeded. By definition, that given the fact that we have seen a some worthwhile projects where we can it has not succeeded, because we are decline in real wages for manufac- say we want to encourage investments looking at a record-breaking trade def- turing workers in this country, given in these areas, we want that American icit. And we hear our friends say, well, the fact that our working people are flag to be waving with capitalism and this creates jobs and so forth and so on. working longer hours and in many investment, and that we want jobs on But we have to look at both sides of cases, for lower wages, because good- this side of the ocean as well, which the equation; and when we look at both paying manufacturing jobs have gone will come as a result of forming these sides of the equation, what we are to China and to other countries where types of economic partnerships. looking at is a record-breaking trade workers are paid horrendous wages, So I just want to say that I want to deficit. Our current trade policy is fail- then yes, I do have a problem. And I share the concern of the gen- thank people on both sides of the aisle ing. tleman from California (Mr. ROHR- for putting together a bill that we can As I said earlier, and I want to touch ABACHER) about providing OPIC help to say is bipartisan, and let us give OPIC upon this point, I find it interesting those companies who want to establish a chance to do the job that they have that there are Members here who are manufacturing plants abroad. I think been created to do. I will be opposing quite conservative who would turn pale it is very naive to say well, OPIC says the Rohrabacher amendment, but I cer- at any mention that the United States Government should have a national that that is not going to result in the tainly will be giving my strong support loss of any manufacturing jobs in this for the bill. health care program guaranteeing health care to all people, apparently country. I do not believe that. Mr. TRAFICANT. Mr. Chairman, I I would argue, and maybe some of my think it is okay for the United States move to strike the requisite number of friends who support OPIC might want Government to have an insurance pro- words. to help me on this, that maybe instead gram to protect American corporate I can empathize with the gentleman of OPIC overseeing private investment interests. from California (Mr. ROHRABACHER). corporations we want to have a domes- But he mentioned some of my com- Now, it seems to me that if a com- pany wants to invest in China or in Af- tic OPIC, a domestic OPIC. What about ments and my company, and I just United States Government guaran- rica, in Asia or in any other place on want to make a couple of points here. teeing investments in the State of earth, they have the right to do that. OPIC is worth about $200 million a Vermont or in low-income commu- No one is arguing that. But what some year to us; and we give $50 million to nities around this country making it of us are suggesting is, should Amer- promote its activities, so that is about easier for companies to hire American ican taxpayer money be placed at risk $150 million gain. One of the qualifica- workers and pay them a decent wage. tions for an OPIC investment is there to protect that investment. Day after Mr. ROHRABACHER. Mr. Chairman, are stringent qualifications to the im- day I find people come up who believe will the gentleman yield? pact of jobs lost and not one job can be in laissez-faire capitalism who say the Mr. SANDERS. I yield to the gen- lost pursuant to an OPIC investment. government is terrible. Get the govern- tleman from California. Now, without OPIC, my company, at ment out of our lives. Poor people, hey, Mr. ROHRABACHER. Mr. Chairman, the request of this administration, they are going to have to stand up on a few moments ago my good friend, the made an investment in Gaza, trying to their own two feet. Government cannot gentleman from Ohio (Mr. TRAFICANT) open up that whole opportunity and help everybody. And yet, we have a sit- noted this company in his district bring them in as a neighbor of the uation here where apparently these again, which without OPIC standing by great world community. If it were not very same people are saying well, gov- its side would have been laying there in for OPIC and the insurance and protec- ernment cannot save the poor, cannot the dust in the West Bank. That com- tion of Uncle Sam and our government, help the working people, cannot get in- pany should have invested in an oppor- my company would be laid out, washed volved in the environment, but govern- tunity in the United States; it would out, could possibly be belly up. We pro- ment can get involved with the Enrine have not been lying there in the dust. vide an opportunity for America to Oil and Gas Company who receive $400 Americans would have been working. make investments, reasonable invest- million in U.S. Government-backed The CHAIRMAN. The question is on ments to move us forward in the com- OPIC financing and insurance for nat- the amendment offered by the gen- munity of nations, and the return on ural gas processing and storage facili- tleman from Nebraska (Mr. TERRY). our investment has been very good. ties in Venezuela. The U.S. Govern- The amendment was agreed to. So, I am going to support OPIC, but ment can get involved in that. The U.S. THE CHAIRMAN. The Clerk will des- I am going to support OPIC with the Government can get involved with ignate section 4. H9934 CONGRESSIONAL RECORD — HOUSE October 13, 1999 The text of section 4 is as follows: later than 120 days after the date of the en- Mr. ROHRABACHER. Mr. Chairman, actment of this Act, the Inspector General SEC. 4. OPIC ISSUING AUTHORITY I move to strike the last word. shall report to the Committee on Inter- Section 235(a)(2) of the foreign Assistance I support the Gejdenson amendment. national Relations of the House of Rep- Act of 1961 (22 U.S.C. 2195(a)(3)) is amended I have a similar amendment, but my resentatives and the Committee on Foreign by striking ‘‘1999’’ and inserting ‘‘2003’’. Relations of the Senate on the results of its amendment is a bit tougher than the AMENDMENT NO. 1 OFFERED BY MR. GEJDENSON review. The report shall include— one the gentleman has proposed, but I Mr. GEJDENSON. Mr. Chairman, I (1) recommendations for ways in which the believe we both have the same goal in offer an amendment. views of the public could be better reflected mind. The CHAIRMAN. The Clerk will des- in OPIC’s procedures; The fact is that nobody should be re- ignate the amendment. (2) recommendations for what additional ceiving taxpayer money in order to go The text of the amendment is as fol- information should be required of project ap- overseas to involve themselves in eco- lows: plicants; and nomic activity that despoils the envi- (3) recommendations for environmental Amendment No. 1 offered by Mr. GEJDEN- ronment overseas and destroys the nat- standards that should be used by OPIC in SON: ural heritage of other peoples. I would conducting its financing, insurance, and re- Insert the following after section 4 and re- insurance operations. say especially this is true in countries designate succeeding sections, and references (c) EFFECTIVE DATE.—The amendments that are not run by the people them- thereto, accordingly. made by subsection (a) shall take effect 90 selves. In countries that are run by lit- SEC. 4. ENVIRONMENTAL IMPACT OF OPIC PRO- days after the date of the enactment of this tle cliques, by dictators, by tyrants of GRAMS. Act. left and right, it is imperative that we (a) ADDITIONAL REQUIREMENTS.—Section 231A of the Foreign Assistance Act of 1961 (22 Mr. GEJDENSON. Mr. Chairman, go on record that none of this OPIC U.S.C. 2191a) is amended— first I would like to compliment the money that guarantees these invest- (1) by redesignating subsection (b) as sub- gentlewoman from California (Ms. LEE) ments overseas will go to those coun- section (c); for a great effort on this issue and the tries in a way that does serious damage (2) by inserting after subsection (a) the fol- strong work she has done here and on to their environment. lowing new subsection: so many other issues in the committee. b 1345 ‘‘(b) ENVIRONMENTAL IMPACT.— This is a very direct amendment, Mr. ‘‘(1) ENVIRONMENTAL ASSESSMENT OR Chairman. This amendment ensures As I say, the amendment that I have AUDIT.—The Board of Directors of the Cor- that environmental concerns are taken in mind goes a bit further than the poration shall not vote in favor of any action amendment of the gentleman from proposed to be taken by the Corporation that into account when OPIC is considering Connecticut (Mr. GEJDENSON). It re- is likely to have significant adverse environ- assistance for projects that are likely mental impacts that are sensitive, diverse, to have a significant adverse environ- quires that these loans not be made, or unprecedented, unless for at least 60 days mental impact. The amendment en- and that not just the environmental before the date of the vote— sures that no decision is taken by the impact report but all environmental ‘‘(A) an environmental impact assessment board of directors on such a project studies dealing with the guaranty in or initial environmental audit, analyzing the until the 60-day waiting period for pub- question be made public, and that they environmental impacts of the proposed ac- lic comment is passed and ensures that be made public 60 days prior to the tion and of alternatives to the proposed ac- transfer of any funds, which will give tion has been completed by the project appli- environmental assessment will be available to the public during that everyone the chance to have their say cant and made available to the Board of Di- and for organizations that hold the en- rectors; and time. ‘‘(B) such assessment or audit has been It further requires the president of vironment dear to come and try to pro- made available to the public of the United OPIC or his designee to meet with con- tect what they consider to be an impor- States, locally affected groups in the host cerned groups on these projects, and tant human resource. country, and host country nongovernmental the amendment further requires the Let me note that this amendment organizations. board of directors to have discussion on and my amendment are very close to a ‘‘(2) DISCUSSIONS WITH BOARD MEMBERS.— these environmental matters every six piece of legislation that the gentleman Prior to any decision by the Corporation re- months, in public. from California (Mr. COX) has sub- garding insurance, reinsurance, guarantees, Finally, it requires an independent mitted as a separate piece of legisla- or financing for any project, the President of tion on which I am a cosponsor. I the Corporation or the President’s designee study to review whether OPIC’s envi- shall meet with at least one member of the ronmental procedures should be ap- would invite the gentleman from Con- public who is representative of individuals proved. necticut and others to join me in co- who have concerns regarding any significant One of the things we have to do as a sponsoring the Cox bill. adverse environmental impact of that Nation is to make sure that we add the Ms. LEE. Mr. Chairman, I move to project. environment and the rights of working strike the requisite number of words. ‘‘(3) CONSIDERATION AT BOARD MEETINGS.— men and women around the globe into Mr. Chairman, I would first like to In making its decisions regarding insurance, every discussion. Because if we simply thank our ranking member, the gen- reinsurance, guarantees, or financing for any move forward and clean up our envi- tleman from Connecticut (Mr. GEJDEN- project, the Board of Directors shall fully ronment, give American families a bet- SON), for all the work he has put forth take into account any recommendations in strengthening the implementation made by other interested Federal agencies, ter living and the rest of the world de- interested members of the public, locally af- teriorates, it will damage our environ- of OPIC’s environmental standards, fected groups in the host country, and host ment, it will damage our economy. We and also for his support and guidance country nongovernmental organizations have to make sure that America leads on this issue. with respect to the assessment or audit de- the environmental standards upwards Being a new member of the Com- scribed in paragraph (1) or any other matter and does not finance them downwards. mittee on International Relations, this related to the environmental effects of the This amendment is important be- is the first year that I have reviewed proposed support to be provided by the Cor- cause I think it provides a reasonable in-depth the purpose and function of poration for the project.’’; and amount of time, it makes sure that it OPIC. I have been very careful and very (3) in subsection (c), as so redesignated, by deliberate in my support of OPIC. striking ‘‘each year’’ and inserting ‘‘every 6 clearly stipulates the need for public months’’. involvement here, public access in pro- For the last two decades, and par- (b) STUDY ON PROCESS FOR OPIC ASSIST- viding the public the information and ticularly during my time in the Cali- ANCE.—The Inspector General of the Agency to make sure that American activities fornia State legislature, I have strong- for International Development shall review further America’s goals, which do in- ly encouraged the Bay area and the OPIC’s procedures for undertaking to con- clude bringing those jobs home to State of California and members of the duct financing, insurance, and reinsurance America, but also include that we are business community to forge fair trade operations in order to determine whether not involved in projects that degrade partnerships, particularly with coun- OPIC receives sufficient information from tries in Africa, Asia, and Latin Amer- project applicants, agencies of the United the environment in other countries. I States Government, and members of the pub- want to again thank the gentlewoman ica. In that vein, the mission and work lic of the United States and other countries from California (Ms. LEE) for the excel- of OPIC is very much in line with ini- on the environmental impact of investments lent work she has done here and in so tiatives that I have been encouraging insured, reinsured, or financed by OPIC. Not many other areas. for nearly two decades. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9935 I understand from some of my col- OPIC’s procedures for reviewing a That really could end up putting the leagues that they believe that OPIC project and report the results to the end to any type of American company sends American jobs overseas. Quite to Committee on International Relations wishing to use OPIC. the contrary, OPIC does not support and the Senate foreign relations com- Mr. GEJDENSON. Mr. Chairman, will projects that would create any job loss mittee. We should be promoting the the gentleman yield? in America. highest environmental standards pos- Mr. MANZULLO. I yield to the gen- Additionally, California OPIC sible, certainly when public funds are tleman from Connecticut. projects have created almost 40,000 at issue. Mr. GEJDENSON. My understanding American jobs, and in the last 5 years, I have followed OPIC’s progress and is that that is already part of the OPIC projects identified $1.5 billion in am convinced that what is now on the present law. The assessment is in the goods and services that they will buy books should be implemented in a law. They make that assessment. from California suppliers, 70 percent of meaningful manner. In the writing of What this primarily does is several which are from small businesses. this amendment, we worked closely things. It provides for a certain time Additionally, as I researched OPIC’s with OPIC and several environmental that they cannot bring the measure to standards for the approval of projects, groups. The amendment is endorsed by the board. What happened, at least in I became acutely aware of the concerns the Friends of the Earth, the Environ- one instance, maybe in others, is that and criticisms from the environmental mental Defense Fund, the Sierra Club, while there was a 60-day review period, community. The adherence to strong Rainforest Action Network, and others. while the review was going on, the environmental standards in business is I urge my colleagues to support this board voted on it prior to the 60 days. fundamental to my support of export environmental accountability amend- That leaves a lot of people concerned policy, and a necessary standard for ment. about the environmental problems. my constituents in an area of our coun- Mr. ROHRABACHER. Mr. Chairman, The gentleman and I share support try that is the birthplace of the envi- will the gentlewoman yield? for this. I understand that he may have ronmental movement. Ms. LEE. I yield to the gentleman some differences on the amendment. I It is for this reason that the gen- from California. think what this amendment does, it tleman from Connecticut (Mr. GEJDEN- Mr. ROHRABACHER. Mr. Chairman, takes a number of groups that are com- SON) and I engaged in a process of dia- I of course agree with the positions the mitted to environmental policy and logue and exchange with OPIC and the gentlewoman has taken today and the takes away their opposition from what environmental community. The result statement she has just made. is a very solid program. of that exchange is the amendment The amendment that I am consid- I think if we can show sensitivity to that we are offering today. ering offering goes just a little bit fur- those environmental concerns, which I OPIC has played a leading role ther. It is not at all at cross-purposes think the gentleman shares, it will not among bilateral international invest- with the goals that the gentlewoman hamper OPIC’s operations. It will pro- ment agencies in developing reasoned has stated. vide that we will not end up in an em- standards that take into consideration I would ask the gentleman from Con- barrassing situation where we are the concerns of their business clients necticut (Mr. GEJDENSON), as well, if doing some environmental damage in and those of environmental groups and the gentlewoman would consider an some developing country, and that the United States taxpayer. amendment to her amendment that both the gentleman’s desires and mine Working with a broad range of stake- would bring the two amendments to- will be met. We will have an OPIC that holders ranging from U.S. exporters to gether, and which just beefs up a little has broader support, that does the international environmental organiza- bit the gentlewoman’s amendment. right things, and achieves the eco- tions, OPIC has developed a sound envi- Mr. GEJDENSON. Mr. Chairman, I nomic and policy goals the United ronmental policy handbook over the move to strike the requisite number of States is interested in. past 2 years. words. Mr. CALLAHAN. Mr. Chairman, I However, many remain concerned I would just tell the gentleman, we move to strike the requisite number of with implementation of these stand- are probably better off trying to work words. ards in a meaningful and transparent this out in conference. Under the rule Mr. Chairman, I am having great dif- manner. The Gejdenson-Lee amend- before us, the amendments are not ficulty. Normally the gentleman from ment balances those concerns by codi- amendable. Connecticut (Mr. GEJDENSON) and I fying existing practices and increasing Mr. ROHRABACHER. Mr. Chairman, agree on so many things. I think our the transparency in a manner that will will the gentleman yield? mission is probably the same, because not affect U.S. competitiveness. Mr. GEJDENSON. I yield to the gen- the gentleman, as I, wants to protect This amendment will play a key role tleman from California. the businesses in our respective dis- in promoting strong environmental and Mr. ROHRABACHER. Mr. Chairman, tricts, and give them the opportunity social standards for all projects sup- I would tell the gentleman, the amend- to have a vehicle in order to compete ported by OPIC. Specifically, the ments are amendable. I think this with all these foreign countries. amendment will strengthen the process would save us some time. I do believe However, I am afraid, in reading the of the 60-day public comment period on that we have precisely the same goals. amendment, and there are about six OPIC’s environmental impact assess- Mr. GEJDENSON. Mr. Chairman, if amendments that are addressing this ments by prohibiting the OPIC board of we can work this out before the gentle- floating around here, so I am having directors from voting on any proposed man’s amendment comes up, we will do very much difficulty. I have to apolo- action that may have a significant ad- it. gize in advance to the gentleman for verse environmental impact until the Mr. MANZULLO. Mr. Chairman, I not knowing the full content. 60 days of the public comment period. move to strike the requisite number of However, what I fear in reading this Secondly, it allows for a representa- words. amendment is that the gentleman is tive of the NGO community to meet Mr. Chairman, I have a question with putting such a hamstring on OPIC, with the President of OPIC or his des- regard to Gejdenson No. 35. That is, such a requirement on OPIC with re- ignee to directly discuss concerns re- under the present practice of OPIC, spect to notification, that we are prob- garding possible adverse environmental OPIC will take a look at the general ably getting into a situation where we impacts of proposed projects. impact on the environment as part of are going to prohibit them from par- Thirdly, it mandates semiannual its normal practices. My concern about ticipating in projects because they are public hearings of OPIC’s board of di- this amendment is that it sets up going to have to disclose confidential rectors to allow, once again, direct dis- something that is a lot more informal information. cussion of a wide range of environ- by calling it an environmental impact Then when we have the Inspector mental and labor concerns regarding assessment, or initial environmental General, and as I understand the both past and future projects. audit. amendment, and I do not apologize for Fourth, it requires that the IG of Some of these impact assessments not having a law degree, but I do have USAID conduct an assessment of and audits could actually take years. an honorary law degree from Spring H9936 CONGRESSIONAL RECORD — HOUSE October 13, 1999 Hill College in Mobile, but I am not problems to the ability of OPIC to guaranty, or enter into any agreement to learned in the law. But my reading in work with American companies, and provide financing for any Category A invest- this from a layman’s point of view is then the gentleman says that we will ment fund project as defined by the Corpora- what the gentleman is saying, number work it out in conference. tion’s environmental handbook, or com- parable project, unless all relevant environ- one, before OPIC can do anything they Why do we not just withdraw the mental impact statements and assessments have to have the Inspector General’s amendment, and then we will work it and initial environmental audits with re- approval to do it. That is how I read it. out in conference to make sure the en- spect to the project are made available for a Mr. GEJDENSON. Mr. Chairman, will vironmental concerns are met? public comment period of not less than 60 the gentleman yield? Mr. Chairman, I would just say, I days.’’. Mr. CALLAHAN. I yield to the gen- would respectfully ask the gentleman Mr. BEREUTER. Mr. Chairman, I re- tleman from Connecticut. to withdraw his amendment because of serve a point of order. Mr. GEJDENSON. Let me say, Mr. the nebulousness of the fact that we Mr. ROHRABACHER. Mr. Chairman, Chairman, my great admiration and re- have all of these concerns: whether or the amendment that I am offering to spect for the gentleman has just been not the Inspector General is going to the amendment of the gentleman from increased to find out he only has an be the agency determining which loans Connecticut (Mr. GEJDENSON), again re- honorary degree in law, rather than ac- are going to be processed, whether or inforcing the fact that the two pieces tually having a law degree, no offense not they have the ability of some orga- of a legislation or two amendments to any attorneys here. nization, some environmental organi- that we have both introduced have pre- I would say that is simply a study zation or individual who writes a let- cisely the same goal, my amendment, with the Inspector General to make ter, and then it kicks in or triggers the the one objection that the gentleman sure the process is a good process. That opportunity for delay of any project. seemed to speak about a few moments builds confidence in a part of American Then we are noncompetitive, because ago was that we elongated the process society that has often had some ques- the Japanese do not have this restric- up to 120 days. That has been crossed tions about it. tion, the French do not have this re- out. It is no longer part of my amend- I think if the gentleman reads this striction. No other country has these ment. carefully, and maybe the gentleman types of restrictions, yet we have an What the difference between our might want to reserve his final deci- agency which is complying with most amendments seem to be is that the sion until later because there are other every environmental concern that we gentleman is offering an amendment amendments coming, he will find that have. that requires only the environmental what we basically do is codify the ex- I think we might be jumping into wa- impact report to be made available by isting practice of OPIC, which has been ters filled with alligators. We do not OPIC for the loan to go forward, and we apparently, on occasion, violated, to want to do that. I know my good are talking about 60 days prior to the make sure they cannot have a vote be- friend, the gentleman from Con- transaction. My amendment agrees fore the 60 days. The review by the In- necticut (Mr. GEJDENSON) does not with all of the points that the gen- spector General is to make sure the want to do that, either. Yet, I am tleman has made in his amendment, procedures meet our environmental afraid, without having the opportunity but it also says not just the environ- concerns. to review this with the lawyers, that to mental impact report but all environ- I think if the gentleman takes some force OPIC to obey our environmental mental statements, all environmental time and reads this, and the votes are concerns, we may be jumping into that analyses, all of the studies that have going to be postponed, he will see that pond of alligators. been done that deal with the environ- this is not going to do damage to OPIC. b 1400 mental issues on these proposals over- I will commit to the gentleman that I seas should be made available. will work with him between now and PARLIAMENTARY INQUIRY I do not see any reason why we conference to make sure that his con- Mr. ROHRABACHER. Mr. Chairman, should just make one thing available. cerns are addressed. parliamentary inquiry. What we are asking for otherwise is the We want to make sure we are not The CHAIRMAN pro tempore (Mr. possibility of hiding from the public in- doing bad things environmentally. We MILLER of Florida). The gentleman will formation that might suggest, for ex- do not want the United States caught state his parliamentary inquiry. ample, that the project being funded in causing major environmental dam- Mr. ROHRABACHER. Mr. Chairman, could result in horrendous environ- age in some country. I agree with the is this the time that if I had an amend- mental problems in Brazil or Indonesia gentleman, we also do not want to end ment to the amendment of the gen- but that that report, which is not in- up with OPIC going through so many tleman from Connecticut (Mr. GEJDEN- cluded in the environmental impact re- different hoops and jumps that it can- SON) that I would submit that amend- port, remains stuck in the safe at not operate in the real world. ment? OPIC. That is why the difference between The CHAIRMAN pro tempore. Yes, it I do not think that that is good busi- the gentleman from California (Mr. could be offered at this time. ness on our part, and I would say to the ROHRABACHER) and myself is that I AMENDMENT OFFERED BY MR. ROHRABACHER AS gentleman from Alabama (Mr. CAL- A SUBSTITUTE FOR AMENDMENT NO. 1 OF- fear, frankly, the 120 days may go too LAHAN) to the degree that businesses FERED BY MR. GEJDENSON long. That is why we picked the 60 are worried about their own secrets Mr. ROHRABACHER. Mr. Chairman, days, which we think is a reasonable and doing business overseas, they I offer an amendment as a substitute period of time. should only worry about that if they for the amendment. Mr. CALLAHAN. I thank the gen- are doing it at their own risk. When The CHAIRMAN pro tempore. The tleman. Reclaiming my time, Mr. they come to the taxpayers, asking us Clerk will report the amendment of- Chairman, I would say that I apologize to pick up their risk, they then have no fered as a substitute for the amend- for not having a law degree. I do not right to keep from the taxpayers the ment. mean to inflict any criticism on the The Clerk read as follows: information as to whether or not that law profession. My son-in-law is an guarantee, whether or not it is con- Amendment offered by Mr. ROHRABACHER outstanding lawyer, Dan Cushing, in as a substitute for amendment No. 1 offered sistent with the values of the American Mobile, Alabama. Because of his pro- by Mr. GEJDENSON: people. The American people do not fession, he supports my two grand- Strike the text of the amendment and in- want their dollars going to these huge daughters in a very, I think, well-to-do sert the following: corporations that have major projects fashion. SEC. 5. ENVIRONMENTAL REQUIREMENTS FOR overseas that would rape the environ- But my concern is here, and if the OPIC. ment of these foreign countries. gentleman says that we will work it Section 239(g) of the Foreign Assistance Yes, we would like to have the min- out in conference, I will be happy to Act of 1961 (21 U.S.C. 2199(g)) is amended— erals and have those minerals avail- (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and work with the gentleman. But what he (2) by adding at the end the following: able, but sometimes what we have done is saying is adopt my amendment, ‘‘(2) The Corporation shall not issue any in the past is destroy the historical which admittedly could cause great contract of insurance or reinsurance, or any legacy of countries. Whether like October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9937 Burma, which is a dictatorship, or In- think that all of us agree on those such an audit would be a one-time only donesia, which was a semi-dictatorship, points, but we still want to move for- event until some changes would pre- or Brazil, which is somewhat of a de- ward. cipitate the need for another IG audit? mocracy, we do not want any informa- This is not an obstructionist amend- Mr. GEJDENSON. It is a one-time re- tion that would help us determine the ment, and I agree to work with my col- view, just a simple review by the IG for economic viability of these projects to leagues. their procedures to make sure they be kept from the American people. I Mr. Chairman, I ask unanimous con- work. think it is very reasonable, and I would sent to withdraw the amendment of- Mr. BEREUTER. Is it true that the hope that the gentleman from Con- fered as a substitute for the amend- procedures set fourth in this amend- necticut (Mr. GEJDENSON), whereas we ment. ment are primarily or largely re- have the same goal in mind we simply The CHAIRMAN pro tempore. Is stricted to their environmental review? are saying that all the information there objection to the request of the Mr. GEJDENSON. Exactly prescribed should be available, would accept my gentleman from California? to be simply the environmental areas. amendment. There was no objection. The CHAIRMAN pro tempore. Is Mr. GEJDENSON. Mr. Chairman, will Mr. BEREUTER. Mr. Chairman, I there further debate on the amendment the gentleman yield? move to strike the last word. offered by the gentleman from Con- Mr. ROHRABACHER. I yield to the Mr. Chairman, I would ask the distin- necticut (Mr. GEJDENSON)? gentleman from Connecticut. guished gentleman from Connecticut If not, the question is on the amend- Mr. GEJDENSON. Mr. Chairman, I (Mr. GEJDENSON) if he could respond to ment offered by the gentleman from would like to be able to accept the a few questions with respect to the un- Connecticut (Mr. GEJDENSON). amendment of the gentleman from derlying amendment which is the The amendment was agreed to. California (Mr. ROHRABACHER), but we Gejdenson amendment and which is AMENDMENT NO. 6 OFFERED BY MR. still have some problems with the lan- also offered by the gentlewoman from ROHRABACHER guage in that it is not as simple as the California (Ms. LEE). Mr. ROHRABACHER. Mr. Chairman, gentleman presents it. The situation What I am concerned about is that I offer amendment No. 6. that the gentleman presents would in- with every good intention, we may be The CHAIRMAN pro tempore. The volve, indeed, proprietary information creating such a delay in the process Clerk will designate the amendment. beyond simply environmental assess- that OPIC cannot act in a timely fash- The text of the amendment is as fol- ments that are mandated under the ion to meet the competition from the lows: procedures of OPIC. I think the gen- export assistance or promotion agen- Amendment No. 6 offered by Mr. cies of other countries. Could the gen- tleman from Alabama (Mr. CALLAHAN) ROHRABACHER: was right. There were so many amend- tleman tell me, by walking through Page 6, add the following after line 25 and ments flowing around we have had a once, how he expects that the proc- redesignate succeeding sections, and ref- little of this today, but I think the gen- essing of an application would work if erences thereto, accordingly. tleman from Alabama (Mr. CALLAHAN) the gentleman’s amendment were SEC. 5. PROHIBITION ON OPIC FUNDING FOR and I both have a concern here that adopted? I yield to him for that pur- FOREIGN MANUFACTURING ENTER- what the gentleman does creates a cou- pose if he wishes to respond. PRISES. ple of hurdles. Mr. GEJDENSON. Mr. Chairman, will Section 231 of the Foreign Assistance Act the gentleman yield? of 1961 (21 U.S.C. 2191) is amended by adding The reason I would oppose the gentle- at the end the following flush sentence: ‘‘In man’s amendment in the present form Mr. BEREUTER. I yield to the gen- addition, the Corporation shall decline to is that what I think it would do is, if tleman from Connecticut. issue any contract of insurance or reinsur- the gentleman’s amendment prevails, Mr. GEJDENSON. Mr. Chairman, as ance, or any guaranty, or to enter into any it would increase the likelihood that far as the time line goes, it would be agreement to provide financing for an eligi- we would make no environmental consistent with OPIC’s present rules, ble investor’s investment if the investment progress in this legislation. which have been on occasion short is to be made in any manufacturing enter- I think if the gentleman can work circuited, whether intentionally or un- prises in a foreign country.’’, with us, we may be able to address intentionally. Under the present rules Mr. ROHRABACHER. Mr. Chairman, some of his concerns, but I do not want that OPIC operates under, OPIC has to this amendment is simple and rep- to leave here, and that is what I was provide 60 days for commentary on en- resents basic common sense. It also trying to tell the gentleman from Ala- vironmental statements. goes to the heart of the debate here bama (Mr. CALLAHAN) earlier, I do not What has happened in the past, and today. All it says is that OPIC may not want to leave here with a bill that has caused great concern, particularly provide taxpayer backing for manufac- leaves a cloud over the process. with people who are concerned about turing plants overseas. We have heard Mr. ROHRABACHER. I would be will- the environment, is that while they time and time and time again in this ing to withdraw my amendment under left the 60 days open, the board voted debate that OPIC creates jobs overseas. the agreement with the gentleman on it 45 or 50 days into the project. Everyone who is supporting the OPIC from Alabama (Mr. CALLAHAN) and the OPIC supports this provision. They rec- authorization comes up with jobs over- gentleman from Connecticut (Mr. ognize that this strengthens their posi- seas. GEJDENSON) that they would work with tion with the American public and it is Well, it is my contention that one me in trying to develop appropriate a good amendment. They do not have a cannot build factories overseas without language that would be agreeable to all problem with the 60-day provision part having a negative impact on jobs in the parties. of it. United States. That makes all the Mr. GEJDENSON. I certainly would Mr. BEREUTER. Mr. Chairman, re- sense in the world. Those who are lis- do that because I think the gentle- claiming my time, is the gentleman tening to this debate need to listen man’s goals are laudatory. We are all saying OPIC supports his amendment? very carefully. This is the center, the in the same place. We just do not want Mr. GEJDENSON. Not the entirety of core of the debate on OPIC. What my the process to tie OPIC up in knots so the amendment, because I think they amendment does is say that none of they cannot move forward. are probably not crazy about having this money that is used by OPIC will be Mr. ROHRABACHER. Mr. Chairman, the IG review their procedures, as none used to subsidize and to guarantee an reclaiming my time, all too often of us are when we ask an outside inde- investment that creates a manufac- American tax dollars are used for pendent agency to come in and review. turing unit overseas. things that are very horrendous to the They do not have a problem with the 60 Again, by definition, that manufac- values of the American people. They days. turing unit will do one of two things. deserve that information, and people Mr. BEREUTER. Reclaiming my Opening up a manufacturing unit over- who go to the Government and ask for time, I would ask the gentleman if he seas will either reduce the number of guarantees should not be asking for se- would expect that the IG review would jobs in the United States by either ex- crecy and proprietary rights on the in- take place at the earliest possible occa- porting the goods produced in those formation of their investments; and I sion and that it is his expectation that factories to the United States, or they H9938 CONGRESSIONAL RECORD — HOUSE October 13, 1999 will reduce the jobs in the United risky in the United States because the all over the world to be closer to their States by producing over there goods American people, the American work- consumer market, the absence of OPIC that should be produced in the United ing people support free enterprise, sup- support may have the intended effect States and exported to that country, or port democracy, recognize the rule of of keeping an auto maker from having number two, what will happen by law. Now we are punishing them be- a plant in Argentina. But it will also building a factory overseas it will pre- cause they have been so good and so mean that the company will sell con- vent the creation of new jobs in the true and faithful to American prin- siderably fewer cars in Argentina be- United States. Either way, we do not ciples and have made this a good place cause they would have used U.S. manu- want to have taxpayer money being so we do not need to provide risk insur- factured parts, inputs that would have used to reduce the number of jobs, to ance for the United States. generated exports and create American create competition for our products We are going to take their dollars jobs here at home. That is an example overseas, or to prevent, because the out of their pockets, these decent, of what, in fact, we would do. jobs are now being exported over there, hard-working Americans, and guar- This is not about taking some plant the creation of new jobs in the United antee the building of factories overseas that exists in the United States and, as States because they are all going to an- that will compete with their jobs. This a result of OPIC’s efforts, transferring other country. is ridiculous. it to some other country abroad. I By the way, although we have no Again, how this amendment is voted think, generally, we would be opposing guarantees here, that is especially true on and how the people will vote on the that. That is not the issue here. of nondemocratic countries. Again, amendment that is a gutting amend- The issue here is whether or not we OPIC is offering a perverse incentive ment that could be offered to this is allow OPIC to make such an invest- for American businessmen to go over- the essential part of the debate today. ment in a plant that does not exist seas to build manufacturing plants, to I hope people pay attention. now, that will not detract from Amer- use slave labor or cheap labor, depend- Mr. MENENDEZ. Mr. Chairman, I ican jobs, and that, by doing so, will ing on if it is a democratic or undemo- move to strike the last word. create American design and American cratic country, and then to reexport Mr. Chairman, I rise to speak in op- parts that will be used in that plant those goods to the United States of position to the Rohrabacher amend- that ultimately will create jobs here at America. ment. I understand his passion, and I home. The gentleman from Ohio (Mr. TRAFI- certainly share his concern about So I understand the gentleman’s con- CANT) was right when he was concerned American jobs. But the fact is I believe cern. But the fact of the matter is the about this incredible trade deficit that that this amendment, which is well-in- very concern he has is undermined by we have. Well, this has something to do tentioned, is unnecessary and actually his amendment. It is important that with it. We are subsidizing people cre- penalizes those that it is intended to we look at the whole picture. It may ating businesses overseas that create protect, which is U.S. workers. not be a choice between manufacturing employment in Vietnam. OPIC is already committed in the law in the United States or overseas, but, Well, I have nothing against Vietnam not to export jobs. It is statutorily pro- rather, whether or not to manufacture except for the fact that it is a dictator- hibited from supporting any project at all if a company cannot get suffi- ship and also the fact that I think we that is likely to have a significant neg- cient financing or insurance to make should watch out for the American peo- ative effect on the U.S. economy. A the investment. ple and our constituents before we business that receives OPIC’s support It is a lot better to make sure that, watch out for creating jobs in Vietnam must agree not to transfer U.S. jobs when we create the opportunity or any other Third World country. overseas. OPIC monitors projects and abroad, that it is an American product This is the essence of the debate on terminates assistance if a company de- and American design using American OPIC, my amendment. I understand viates from its commitment to protect imports with American workers and there may be another amendment of- U.S. jobs. American ingenuity to, in essence, in- fered to my amendment, which will Now, OPIC’s economists already fluence that market and to create the simply say that OPIC can move for- screen each prospect project for its im- jobs here at home that will go towards ward if it does not determine that the pact on U.S. jobs and exports. As man- that manufacturing plant in that re- number of jobs will be reduced. Well, I dated by its authorizing statute, OPIC gard that did not exist here and would am sorry, that is not good enough be- does not support any projects that not exist here under the set of cir- cause that type of approach means that might harm the U.S. economy or that cumstances that the gentleman from there will be no new jobs created in the will result in a loss of a single U.S. job. California (Mr. ROHRABACHER) envi- United States. That means that jobs It operates a comprehensive program sions. would have been created in the United to monitor each and every project it I think we need to defeat his amend- States; but by saying if it does not re- assists for its impact on the U.S. econ- ment. I know we need to defeat his sult in a reduction then we can just see omy. amendment to protect the very goal to it that no new jobs are created in After it approves a project, OPIC that he seeks to preserve. monitors such a project from the be- the district of the gentleman from Illi- ANNOUNCEMENT BY THE CHAIRMAN ginning to the end of the agency’s con- nois (Mr. MANZULLO), or wherever. The CHAIRMAN. The Chair would tractual commitments to it. It mon- I do not think it is good for us to like to apprise Members that the Chair itors, and its monitoring enables the build tractor factories with taxpayer is alternating recognition across the agency to check the accuracy of its subsidies in Vietnam or anywhere else. aisle, and giving preference to Mem- own methodologies, ensuring the I do not think it is good for us to even bers of the Committee on International project investors live up to its original build hotels necessarily, but this Relations and on the basis of seniority representation. amendment specifically says manufac- on the Committee on International Re- Now, there is a ban on manufacturing turing units. lations. projects which would hurt U.S. compa- b 1415 nies and the U.S. economy. Manufac- AMENDMENT OFFERED BY MR. MANZULLO TO It says it shall not be the policy of turing projects help create new mar- AMENDMENT NO. 6 OFFERED BY MR. ROHR- ABACHER OPIC to provide taxpayer support and kets for U.S. goods and services, which Mr. MANZULLO. Mr. Chairman, I subsidies for businessmen going over- would be lost if the Rohrabacher offer an amendment to the amendment. seas. Again, why are we giving people amendment were adopted. The Clerk read as follows: an investment to invest in risky situa- Restricting the type of projects OPIC tions? Do we want the taxpayers to supports would put U.S. companies at a Amendment offered by Mr. MANZULLO to risk hundreds of millions of dollars in a competitive disadvantage with their Amendment No. 6 offered by Mr. ROHR- ABACHER: risky situation when, instead, they heavily subsidized foreign counter- In the amendment strike: ‘‘in any manu- could come to the United States. parts. For example, if one has an auto facturing enterprise in a foreign country’’ Do my colleagues know why it is not manufacturer who is both foreign and and insert: ‘‘in a manufacturing enterprise in risky in the United States? It is not domestic, having manufacturing plants a foreign country, if such investment would October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9939 cause a reduction in manufacturing in the with the French and the Japanese and I understand the Rohrabacher United States.’’ other countries. amendment would kill what we have Mr. MANZULLO. Mr. Chairman, I ap- So I know that the mission of the done in this small mill. preciate the efforts of the gentleman gentleman from California (Mr. ROHR- Mr. MANZULLO. Mr. Chairman, the from California (Mr. ROHRABACHER), ABACHER) is to totally eliminate OPIC. gentleman is correct. and I always admire his spirited de- I think that there are a couple of Mem- Mr. BLUMENAUER. But what about bate. The problem with the Rohr- bers of the House that would like to do the gentleman’s perfecting amend- abacher amendment is that it would away with OPIC. But their rationale is ment? prohibit an American firm from setting ill-founded and should not be consid- Mr. MANZULLO. Mr. Chairman, our up an American enterprise overseas ered. amendment will allow the present op- that does even the most modest of But the Manzullo amendment does eration of the gentleman’s constitu- manufacturing. exactly what he is saying he wants to ent’s firm in Lithuania. That is cor- For example, one could set up some- do, that we will not go into any foreign rect. thing overseas that would be similar to countries and make any guarantee of Mr. KUCINICH. Mr. Chairman, I a warehouse that does minor assembly. investment if, indeed, it is going to move to strike the requisite number of The American manufacturer would cost us one American job. words. send his products to the overseas facil- I get that as the mission of the gen- Mr. Chairman, the American people ity for minor assembly for the purposes tleman from California (Mr. ROHR- recently learned that more of the goods of thereafter storing and then reselling ABACHER), but his amendment, the way sold here are manufactured in foreign to the local market. It is not uncom- it is written, would completely elimi- countries than in the U.S. That trend mon to ship components from different nate the ability of OPIC to assist any is getting worse. The trade deficit is at parts of the country for final assembly American who wants to go into a for- a record high. For that reason, I rise in in a foreign country. The Rohrabacher eign country to create an opportunity support of the amendment of the gen- amendment would prohibit that, even there to compete with the Japanese tleman from California (Mr. ROHR- if that is an American-owned company. and the French. ABACHER). What our amendment does to his is We are saying we will accept the It is well known that global trade says, look, we will restrict an OPIC amendment if the gentleman from agreements like NAFTA have worsened guarantee in a manufactured enter- California will allow us to perfect it to the trade deficit by making it easier prise in a foreign country only if such the extent that it protects American for companies to close their American an investment would cause a reduction jobs. That is his mission according to plants and re-open them in developing in manufacturing in the United States. his statement, and that is the mission countries where they do not have to It is all about jobs. So we are saying of the gentleman from Illinois (Mr. pay a decent wage, where they do not OPIC cannot get involved if it results MANZULLO). So I would support the have to prevent work place injuries, in the loss of American jobs. gentleman’s perfecting amendment to where they do not have to curb pollu- That is already present in American the gentleman from California. tion. law. Take the case of Monique Maddy. Mr. MANZULLO. Mr. Chairman, re- The Overseas Private Investment Monique was born in Liberia. She is a claiming my time, essentially, if my Corporation does the same thing and United States citizen. She got an OPIC colleagues support the mission of adds to the same problem when it sub- guarantee to set up operations in Tan- OPIC, then the Members should sup- sidized companies to open factories in zania and Ghana. She sends U.S. manu- port the Manzullo perfecting amend- foreign countries. factured communication components ment to Rohrabacher. Now, the example was given of an to two facilities in Africa where they Mr. BLUMENAUER. Mr. Chairman, auto company. Let us say an American are assembled and used for African con- will the gentleman yield? manufacturer would want to open up Mr. MANZULLO. Yes, I yield to the sumption, thereby having 400 to 500 an auto company in another country. gentleman from Oregon. Well, I am opposed to using U.S. tax- jobs in Africa. Mr. BLUMENAUER. Mr. Chairman, I payers’ money to help do that because Now, under those circumstances, am trying to understand the impact in that takes away jobs of auto workers that is not displacing American jobs terms of the loss of a single job. May I in this country, pure and simple. It because the Americans would not be give an example and ask how it would does not get much more complicated. manufacturing here and shipping over apply. there. But what it is doing is it is in- Mr. MANZULLO. Yes. So if we use that example, it totally creasing American exports of those Mr. BLUMENAUER. Mr. Chairman, validates the reason why the amend- American made products. there is a small lumber company in my ment of the gentleman from California I would ask that the Members of Con- State, Ochoco Lumber, that has used (Mr. ROHRABACHER) ought to pass this gress, the Chair entertain using the OPIC to set up a mill in the former So- House. U.S. tax dollars should not be Manzullo amendment as a perfecting viet Union; Lithuania, I believe, is the used to undermine markets here in the amendment to the Rohrabacher amend- country. As a result of this manufac- United States and to cost the people ment. turing process, they have been able to who pay our salaries their jobs. Mr. Chairman, I yield to the gen- get product that they cannot get in Or- Why should any agency of the United tleman form Alabama (Mr. CALLAHAN). egon because of some of the environ- States Government subsidize the trade Mr. CALLAHAN. Mr. Chairman, I mental and supply problems. deficit and the loss of U.S. jobs? Con- thank the gentleman for yielding to Mr. MANZULLO. Mr. Chairman, the gress should not tolerate it. me. I think he is right on target. As Rohrabacher amendment would not The Rohrabacher amendment simply bad as the gentleman from California allow that. prohibits any OPIC support for wors- (Mr. ROHRABACHER) despises OPIC, his The CHAIRMAN. The time of the ening the trade deficit, worsening the intent is to destroy OPIC. Essentially gentleman from Illinois (Mr. MAN- trend of plant closings in the United what he is saying is, let us get rid of ZULLO) has expired. States. OPIC through this obnoxious amend- (By unanimous consent, Mr. MAN- Mr. Chairman, I am glad to yield to ment. What his amendment does is ZULLO was allowed to proceed for 1 ad- the gentleman from California (Mr. does exactly what he says he wants to ditional minute.) ROHRABACHER), who I think could help do, protect American jobs. So what he Mr. MANZULLO. Mr. Chairman, I elucidate this subject. is saying is exactly right, that, yes, we yield further to the gentleman from Mr. ROHRABACHER. Mr. Chairman, can create opportunities in foreign Oregon (Mr. BLUMENAUER). I think that we have heard some very countries, but not at the expense of one Mr. BLUMENAUER. Mr. Chairman, good examples, and they keep coming American job. what I was trying to clarify is that this from those people who are opposing my The amendment of the gentleman has created hundreds of jobs in de- position here. For example, do we real- from Illinois (Mr. MANZULLO) corrects pressed central Oregon. It may theo- ly want to have OPIC giving, providing it to the extent that it should be and retically have displaced one job some- hundreds or tens of millions or hun- still gives us opportunities to compete place in the United States. dreds of millions of dollars to build a H9940 CONGRESSIONAL RECORD — HOUSE October 13, 1999 saw mill in gangster-ridden Russia? I The CHAIRMAN pro tempore (Mr. from California, but my colleagues do not know what the environmental MILLER of Florida). The time of the should not be confused by this issue. impact of that is going to be. I think gentleman from Ohio (Mr. KUCINICH) Let us suppose an American firm we ought to know about that. has expired. wants to create a canning factory for Why do they not just go to Burma (By unanimous consent, Mr. KUCINICH mangos in India. Now, we do not can with that sawmill where they have got was allowed to proceed for 1 additional mangos in this country, no, not even in a vicious dictatorship that they can minute.) Hawaii. The Rohrabacher amendment pay off and chop down all the teak Mr. BLUMENAUER. Mr. Chairman, would prevent OPIC assistance to an wood. That is going to create a lot of will the gentleman yield? American firm which wanted to build jobs here, is not it? No, it is not. It is Mr. KUCINICH. I yield to the gen- or help build a plant in India to can going to spoil the environment, and we tleman from Oregon. mangos. That would be, a net gain in need to know about that. Mr. BLUMENAUER. Mr. Chairman, manufacturing jobs for the United The fact is this is not a perfecting the notion that somehow because there States because the products to produce amendment. As much as I like the gen- are people that are lumberjacks that the canning factory are likely to come tleman from Illinois (Mr. MANZULLO), are unemployed because there is not from the United States. But there are he is a wonderful colleague, we are access to timber supply means that jobs in manufacturing being created in good friends, this is not a perfecting mill workers should not be allowed to India, and the gentleman from Cali- amendment. This is a gutting amend- process timber and use materials to fornia (Mr. ROHRABACHER) would pre- ment. build that mill from Oregon escapes vent that by his amendment just as he Already we have been told it is al- me. would prevent a tea operation in Sri ready policy of OPIC not to do things It seems to me that we are better off Lanka. where there are loss of jobs. Well, if having those people using Oregon prod- The gentleman from Oregon (Mr. that is the case, accept my amend- ucts, Oregon companies thriving, and BLUMENAUER) was trying to indicate ment. But the central issue here is not that it does not do anything to affect that in this case the OPIC guarantee that, and the gentleman from Illinois the timber supply or lack thereof in for a firm in Oregon actually resulted (Mr. MANZULLO) understands that. the Northwest. in net manufacturing jobs being cre- The central issue is whether or not Maybe I am missing something. ated in the United States, not a loss. Mr. KUCINICH. Mr. Chairman, I yield building factories overseas in and of So the gentleman from Ohio (Mr. to the gentleman from California (Mr. itself, prima facie evidence, determines KUCINICH) ought to be in favor of the ROHRABACHER). whether or not jobs will be created Manzullo perfecting amendment and overseas rather than here. Mr. ROHRABACHER. Mr. Chairman, obviously, this lumber mill example is opposed to the Rohrabacher amend- The Manzullo amendment, which I ment because the gentleman from Cali- think just basically is weasel words in a very tiny, minuscule, one-half of 1 fornia (Mr. ROHRABACHER) kills, inad- action here, because it permits OPIC to percent example of what OPIC does. When we are talking about manufac- vertently perhaps, unintentionally per- subsidize the building of manufac- haps, he kills American manufacturing turing units overseas that they deter- turing units, we are talking about trac- tor factories; we are talking about jobs that are created by OPIC. mine, OPIC determines, will not reduce What we need to be concerned about, employment here. other kinds of manufacturing that are heavy, heavy manufacturing. We are already addressed in law, is that OPIC b 1430 also talking about other exploitation activities do not result in a net reduc- But OPIC does not believe building of natural resources. tion in manufacturing jobs in America. factories overseas reduces employment Mr. KUCINICH. Mr. Chairman, re- The Manzullo perfecting amendment here. Let me point this out. Even if the claiming my time, I would like to just will do just that. His amendment indi- gentleman from Illinois (Mr. MAN- say that it is a great debate, but the cates that, in effect, if there is a net re- ZULLO) is correct and it does not have thing that we have to be concerned duction in manufacturing jobs in the a reduction of employment here, what about is the impact of OPIC on our United States, then there would be no we are doing is subsidizing the building heavy manufacturing, the export of OPIC activity, but only if there is a net of manufacturing units that will pre- U.S. jobs, and a widening of the trade reduction, not just if there is one man- vent the creation of new jobs here, and deficit. ufacturing job created abroad. It is not there is no doubt about that. Mr. BEREUTER. Mr. Chairman, I a zero-sum game on job creation under Mr. KUCINICH. Mr. Chairman, re- move to strike the last word. OPIC activities, my colleagues. claiming my time, I yield to the gen- Mr. Chairman, I rise in support of the Support the perfecting amendment tleman from Illinois (Mr. MANZULLO) Manzullo amendment to the Rohr- offered by the gentleman from Illinois because I think this debate is healthy abacher amendment. (Mr. MANZULLO), a perfecting amend- for the House. If my colleagues and the American ment to the Rohrabacher amendment. Mr. MANZULLO. Mr. Chairman, we public are somewhat perplexed about Vote ‘‘yes’’ on Manzullo. have a U.S. company building a lumber what is happening here, it is under- Mr. MENENDEZ. Mr. Chairman, I mill in Lithuania using Lithuanian standable because the arguments that move to strike the requisite number of lumber. Under no circumstances is that are being raised, I think, are turning words. going to result in the loss of American rationality on its head. Mr. Chairman, I want to rise to sup- jobs. What the gentleman from Illinois port the Manzullo amendment, as well, Mr. ROHRABACHER. Mr. Chairman, (Mr. MANZULLO) is attempting to do by because it does go to the very core of will the gentleman yield? his perfecting amendment would say what the gentleman from California Mr. KUCINICH. I yield to the gen- that there must not be a net loss of (Mr. ROHRABACHER) says he wants to tleman from California. manufacturing jobs in the United accomplish and, in essence, accom- Mr. ROHRABACHER. Mr. Chairman, States under OPIC activity. And that plishes that. It clearly says, if any such I do not know if we have unemployed should be the objective. That is what investment would cause a reduction in lumberjacks in this country or not. I the gentleman from California (Mr. manufacturing in the United States, do not know whether or not there is ROHRABACHER) says he wants to accom- then clearly OPIC would not be able to unemployment in the part of the coun- plish. pursue such an investment. And so that try of my colleague. I think there The gentleman from Alabama (Mr. ultimately goes to the question of do might be some unemployed lumber- CALLAHAN) indicated a few minutes ago we lose any American jobs. jacks in this country that would prefer that the Manzullo amendment accom- But if we do not adopt the Manzullo creating the jobs here in the United plishes just what the gentleman from amendment and we were to adopt the States of America. California (Mr. ROHRABACHER) says he Rohrabacher amendment, then, as the Of course, then we have to have some wants to do, but that perhaps he has a gentleman from Oregon (Mr. environmental controls so that some of different motive. BLUMENAUER) has suggested just a few these big companies could not rape the Now, I do not know whether that is minutes ago, the reality is that we environment. the case or not about the gentleman would lose those American jobs that October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9941 would not exist but for the opportuni- ahead and give money to the Burmese We have got some huge American cor- ties created by that company in Lith- Junta to cut down teak forests? porate interests, huge, companies that uania. The reality is that we would Well, what is lacking in this discus- are worth billions of dollars. They have lose opportunity here at home to cre- sion is any concrete example of where got hundreds of millions of dollars in- ate products that would be used abroad there is, in fact, a specific area of vested overseas that they would like to in the development of the products abuse, where the existing law and the make where they do not have to pay being made in these manufacturing protections thereof are not being fol- the salaries to American workers and plants abroad. The fact of the matter is lowed, where there is a massive loss, they want that guaranteed by the tax- that, in essence, we would lose Amer- where we are giving money for the lev- payers. That is what this is all about. ican jobs here at home. eling of teak forests by the brutal dic- They do not want to invest here. But I think our colleagues in their tatorship in Burma. It is thrown off. I They do not want to take that money passion, and I understand their pas- am not aware of any example. Nothing that they would invest in that lumber sion, not to lose American jobs are specific has been brought forward. company in Lithuania. They do not blinded by the fact that, in fact, what But he dismisses something that re- want to set up some kind of factory in they seek to do, in essence, will make sults in American jobs, American prod- the United States that creates prefab- us lose American jobs here at home. ucts in an area that is hard hit in my ricated walls or invests in something We are much better off to ensure that community. And I just think that that that deals with construction that could opportunities of manufacturing here, is what is fundamentally wrong with give jobs to the American people. They at home, parts or other supplies that the debate that we have before us want to go to Lithuania. will be used abroad in an investment today, Mr. Chairman, that we do not No, but that has no impact. Just giv- make eminent sense. And we are much have specifics in areas of real abuse; ing them the guarantee to produce that better off to ensure that, in fact, that and we take the hundreds and thou- in Lithuania has no impact on the the last 5 fiscal years where OPIC has sands of a tenth of a percent here or 1 American unemployment. Gobble- supported 43 manufacturing plants percent there that are real successes dygook. Nonsense. The Manzullo have generated $3.1 billion in United for American companies and for coun- amendment is not a perfecting amend- States exports and over 10,000 U.S. jobs. tries overseas like in Latvia, where ment. It is a gutting amendment. Now, if we adopt the Rohrabacher they are struggling to recover from the b 1445 amendment, we will lose the $3 billion yoke of Soviet oppression, where they in potential U.S. exports in the future, are trying to modernize and refine I might add the gentleman from Ne- these are real exports that have taken their economies, where they are trying braska (Mr. BEREUTER) who unfortu- place; we will lose those in the future to enter the world stage, and we have a nately is not here with us today, I and whatever else we can enhance; we classic win-win. And that is just dis- mean right now, he was with us earlier, will lose the 10,000 jobs created here in missed out of hand as that is just 1 per- made the point that the Manzullo the good ol’ U.S.A. That is not what cent or 2 percent. amendment said that there will be no our intention is. I could stand here and give example reduction of jobs, no net reduction of Our intention is to create jobs here after example in my State where not jobs. The gentleman from Nebraska at home, to promote American inter- billions but tens of millions of dollars said over and over again, no net reduc- ests here at home. And we are also pro- have generated Oregon products that tion. moting it abroad, because often what have created hundreds of jobs in our I am sorry, but that is not what the we are doing is creating new markets State and where the subcontractors of Manzullo amendment does. It is not abroad when we make these invest- little tiny companies that nobody has what it says. The word ‘‘net’’ is not in ments, which not only are investments heard of outside the boundaries of our there. The word ‘‘net’’ is not in there that are repaid but end up generating communities that has made a dif- because the Manzullo amendment is revenue for the Treasury of the United ference. what we call a gutting amendment. States. I think it is time for us to not use hy- Mr. MANZULLO. Mr. Chairman, will So I want to support the Manzullo perbole and hypotheticals that are not the gentleman yield? amendment very strongly. It will ac- proven, that, in fact, are contrary to Mr. ROHRABACHER. I yield to the complish what the gentleman from practice and statute of OPIC and dis- gentleman from Illinois. California (Mr. ROHRABACHER) wants to miss the good that is done by allowing Mr. MANZULLO. Mr. Chairman, I do, but it will not strike the blow to American companies to be able to work was going to ask for unanimous con- American jobs here at home that the in difficult situations, help emerging sent to add the word ‘‘net’’ in my Rohrabacher amendment would. democracies, strengthen these econo- amendment. Mr. BLUMENAUER. Mr. Chairman, I mies. I think this is precisely what we Mr. ROHRABACHER. I wish the gen- move to strike the requisite number of should be doing. tleman would do that on his own time. words. Mr. ROHRABACHER. Mr. Chairman, I thank the gentleman for using my Mr. Chairman, I wanted to inject a I move to strike the requisite number time. small note of what I think is reality in of words. If the gentleman wants to have good the discussion in terms of what dif- Mr. Chairman, again I remind my relations in this body, we do not waste ference it will make for hundreds and colleagues who are following this in each other’s time. The gentleman has thousands of small businesses around the CONGRESSIONAL RECORD or on C- plenty of time to do that later on. the country. SPAN that this is the essential part of The Manzullo amendment does not The gentleman offers an amendment, the debate, this is the central issue, say ‘‘net reduction.’’ It just says ‘‘re- and people think it is well intended. I and what I think that they ought to duction.’’ Whether it says net reduc- do not know that it is necessarily well try, whoever is listening or reading tion is irrelevant because of this point: intended because I think we have al- this in the CONGRESSIONAL RECORD to It is all based on the analysis of OPIC, ready had a perfecting amendment that determine what makes sense and what and OPIC believes in this gobbledygook has been offered that clearly states does not make sense. that we have been hearing today that if how existing policy can be reaffirmed. The other side is saying, having our you create jobs, or if you build fac- We already know that OPIC is con- Federal tax dollars being used to sub- tories overseas, that it will not hurt strained by its statutory framework sidize the building of factories overseas American workers because if you ana- and by its own internal operations is not doing anything to hurt American lyze things out to the nth degree 100 from the result that the gentleman is working people. Building factories, years from now, their consumers are talking about. manufacturing units overseas does not going to have more money to buy He dismissed the example, a real-life hurt American working people. That is American products because they will example, of a struggling timber com- what they are saying. have good-paying jobs there to buy pany in eastern Oregon as that is just Now, if that makes no sense to my American products. This sort of non- 1 percent or half a percent, while argu- colleagues, I would invite them to try sense, this sort of just pie-in-the-sky ing that, well, why do not we just go to look and see what is happening here. economics, liberal economics, if you H9942 CONGRESSIONAL RECORD — HOUSE October 13, 1999 will, is bringing down the standard of the government to remind these great proceedings on the amendment offered living of the average American work- corporations, where our wives and our by the gentleman from Illinois (Mr. ing person that works in manufac- loved ones shop day in and day out, to MANZULLO) to the amendment offered turing jobs in the United States. All even see on those labels, ‘‘Made in the by the gentleman from California (Mr. the examples we have heard of today USA,’’ tags which now consumers un- ROHRABACHER) will be postponed. hurt American workers. derstand have nothing to do with The point of no quorum is considered Again, the gentleman from Nebraska where the product is made. That prod- withdrawn. talked about, what is wrong with build- uct, with that label, ‘‘Made in the AMENDMENT NO. 8 OFFERED BY MR. SANFORD ing a canning factory for mangos in USA,’’ once made sense, once had Mr. SANFORD. Mr. Chairman, I offer some other country? Well, how about power. It meant that the product was an amendment. it? Do we not have farmers and agricul- made within our borders. It no longer The CHAIRMAN pro tempore. The tural workers that provide some sort of means that, does it? We are opening up Clerk will designate the amendment. competition for mangos? In California, windows and doors and sides of build- The text of the amendment is as fol- I think they actually can oranges and ings every day. These trade agree- lows: grapefruits. They can pineapples in Ha- ments, and OPIC is part of that scene, Amendment No. 8 offered by Mr. SANFORD: waii. No, I do not want to establish a simply give credibility to those who Page 6, line 25, strike ‘‘2003’’ and insert factory with taxpayer-guaranteed want to isolate America. That is not ‘‘2000’’. money that will manufacture canned the gentleman from California’s intent. Mr. SANFORD. Mr. Chairman, I mangos overseas in competition with It is not my intent. walked in here about an hour and a American agricultural products. It The Rohrabacher amendment is very half ago hoping to very quickly offer might be a little bit hard to see, but I simple. It seeks to prohibit OPIC guar- an amendment and walk out. Yet we think the American people fully under- antees from being used for investments found ourselves in the middle of a very stand that what this amendment does in manufacturing facilities abroad. Our heated debate because people have very is it guts my amendment and it leaves Nation has suffered enough job loss in strong feelings on both sides of the open the subsidy of building factories manufacturing. We do not need to sub- OPIC debate. My hope is that this, and manufacturing units overseas that sidize the creation of jobs abroad. We however, will be something accepted by will destroy American jobs, either need to end exporting jobs from Amer- voice because I see it as completely American jobs that exist, or it will de- ica. We need to do it today. OPIC will noncontroversial. I see this simply as stroy the possibility of creating new be fine for another time, not now. The an amendment about good government, jobs. In fact, the gentleman from Illi- jig, as I said, is up. It has been exposed. having nothing to do with the merits nois’ language specifically permits We protect the very businesses who put on one side or the other of the OPIC de- there to be a subsidy for an American labels on products, be it textiles or ma- bate itself. company if the only impact is the chinery, all the same, that have noth- Specifically, when we think about elimination of the creation of new jobs, ing to do with the location, the geog- the Federal Government, we do not as long as it does not reduce current raphy where the product is made. How like it, it is painful as we go through jobs. I am sorry, but we have had an ex- can we stand here and defend that and the process, but with the Federal Gov- panding population in the United support opening our doors to that kind ernment we go through the authorizing States. If someone wants to invest of lunacy? For those of us who are con- and appropriating process every single overseas, they should be doing so at cerned about job loss, concerned about year. The reason we do that is because their own risk. That is all we are say- the working conditions at all of the we want to be accountable to the ing. It is unfair and a betrayal to our plants in the article that I referred to, American taxpayer on a yearly basis taxpayers to set up factories overseas we have another example to point to for any of the money we spend here in guaranteed by their money that com- with this settlement, quote-unquote, as Washington. petes with their own job. if we needed one more. So we see this model at the Federal Mr. Chairman, I ask for the Manzullo The amendment would in no uncer- Government level. We see the model of gutting amendment to be defeated and tain terms end an opportunity, Mr. annual statement and annual review in support for my amendment. Chairman, for OPIC to fund overseas the corporate world. How many of my Mr. PASCRELL. Mr. Chairman, I industries that might compete with do- colleagues have ever seen a 5-year re- move to strike the requisite number of mestic American industry. We need to port? We do not see 5-year reports, we words. stop exporting our jobs. We need to go see an annual report. We see an annual Mr. Chairman, I rise today to voice back and strengthen manufacturing budget and an annual income state- my support of the Rohrabacher amend- within our own shores. On one side of ment. In fact, if you think about it in ment and oppose the gentleman from our mouth, we talk about we are a Na- your own homes, what you would see Illinois’ attempt to, I believe, either tion of immigrants. Yet this is how im- there, at least in our home, when my circumvent, undermine, use whatever migrants earned their identity in wife and I sit down to look at our fam- word you wish. I think in the area of America, by working with their hands ily budget, if you think about setting trade that the jig is up, and that the and making the products from their your family budget, which we do on a American people will no longer tol- own sweat and their labor. We do not yearly basis in our house, my wife and erate trade agreements where we wind honor the commitment we made to im- I sit down, we look at the numbers and up, and this is not a trade agreement, migrants in this great American soci- we say, what could we set for our ex- I understand that, where we wind up as ety of ours by undermining the tenet penditures based on a given level of in- the monitors of the world. to strengthen American jobs. come over this year. It does not work that way. WTO has The CHAIRMAN pro tempore (Mr. So in all of life, whether at the Fed- not worked, our trade agreements to MILLER of Florida). The question is on eral Government level, whether at the the South and to the West have not the amendment offered by the gen- corporate level or whether in one’s worked for the simple reason that tleman from Illinois (Mr. MANZULLO) to home life, we see annual budgeting. No- there is no teeth, and we are depending the amendment offered by the gen- body sets spending on remote control on good will. Yet we read in the paper tleman from California (Mr. ROHR- except in Washington on a few different just a few days ago, ‘‘Five Clothing ABACHER). things. Makers Agree on a Settlement, Sweat- The question was taken; and the All this bill does is say, rather than shops on Saipan Bring Class Action Chairman pro tempore announced that looking at a 4-year authorization for Suit,’’ and the likes of Ralph Lauren, the ayes appeared to have it. OPIC, let us simply look at authorizing Donna Karan, the Gap, Tommy Mr. ROHRABACHER. Mr. Chairman, it for 1 year. The merits behind doing Hilfiger, Wal-Mart, go down the list, I demand a recorded vote, and pending that I think are severalfold. First of have to be reminded of the obligations that, I make the point of order that a all, though we might disagree about and the undermining of the American quorum is not present. the merits of OPIC, one side versus the ethic of work in our own country. The CHAIRMAN pro tempore. Pursu- other, one thing that I do not think we Enough is enough is enough. If it takes ant to House Resolution 327, further would disagree with is the idea that October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9943 the world changes. In fact, the Con- that agency and/or that program to American jobs because it is pretty dif- gressional Budget Office in a report plan long term. Just as the private sec- ficult to export electricity to Guate- showed that the United States tax- tor would plan long term in terms of mala, but what it does is it insures payer is liable for a full 90 percent of making its investments and business that loan from which the investor pays the loans, the contingent liabilities decisions, just as we, as a government, a premium and which has returned tra- that go with OPIC funding. So if the hope to plan not just from year to ditionally 150 to $200 million each year world is constantly changing, would year, but also long term as we make as a surplus to the United States you not want to review those loans on budgetary calculations and projections Treasury. an annual basis? and do programmatic work, OPIC needs Now without OPIC what company is The second point would be that, and to be able to have the opportunity to going to invest in manufacturing elec- again there has been a lot of disagree- plan long term, and such a reauthoriza- tricity in Guatemala? Well, that is ment about this, does OPIC cost tion would not be unique. what OPIC does. That actually creates money, does OPIC not cost money? If Its business cycle, OPIC’s business American jobs because Americans are we actually look at the numbers, the cycle, is long term. Many OPIC employed in the manufacturing process revenue that came into OPIC last year projects extend over a period of years. of a material that is exported to Guate- was $193 million. That was based on in- A 1-year authorization could threaten mala. So the whole purpose here is to terest income based on U.S. treasuries projects mid-term. If for some reason show that an investment like that, we that had been given to OPIC at their there is a delay in the authorization cannot have a 1-year authorization. It origin. Their actual net income was process, a 1-year authorization, I would has to be a 4-year authorization at the $139 million, for a net loss in terms of submit, is really not in the best inter- minimum so as to have some con- normal accounting of $54 million. Ad- ests of an agency that in essence is tinuity to the Federal investments mittedly, $54 million is not a lot of self-sustaining. It needlessly burdens that are made. money in Washington, but it is an ex- the legislative process with the sole in- Therefore, Mr. Chairman, I would ask penditure of taxpayer money, and since tent of obstructing OPIC’s operations. that the Members oppose the Sanford it is an expenditure of taxpayer money, A 4-year authorization provides amendment. all this amendment does is say, ‘‘Well, American companies with security Mr. BLUMENAUER. Mr. Chairman, I let’s make sure that we authorize that, that their overseas investments will move to strike the requisite number of let’s make sure that we look at that on not be subject to congressional delays. words. a regular basis,’’ because we look at A 4-year authorization does not impede Mr. Chairman, I, too, rise in opposi- every other area of spending basically the Congress from rescinding OPIC’s tion to this amendment. I have listened on an annual basis here in this Cham- operating authority at any time if the carefully. I do not think by any stretch ber and there on the Senate side. majority of this House wants to do that of the imagination we should confuse Finally, I would say, and again there and it can get a majority in the other long-term program stability with was much controversy over this, and, body and get the President to sign it. something that is operating on remote that is, the idea of whether or not in- It can do that at any time if the Con- control. vestment moves offshore as a result of gress so chooses to do so. I think one can look at the analogy OPIC. One thing, though, that we could So the fact of the matter is that we to the family operating around the probably agree on is if you change the should not jeopardize the ongoing in- kitchen table, and it is true that some- risk of investment, you probably vestment of American companies over- times there are some expenses that change where it goes. That is certainly seas who depend upon OPIC to protect that family is going to look at over the the case with OPIC funding right now, their investments and to whom they course of the next year or maybe the because due to the insurance, due to pay substantial fees for that service. next week or month if we are talking the change in risk, there is probably an We should have some long-range plan- about grocery bills or entertainment. increase of investment overseas. We ning here, particularly of an agency But that family rarely in a functional can debate whether that is a good or a that, in fact, has shown itself worthy, sense every week discusses whether or bad thing, but that is a certain thing is self-sustaining, produces revenues, not they are going to move in front of that skews investment toward over- creates jobs at home. And that, I the children, whether or not they are seas. Therefore, I would think, given think, makes eminent business sense; going to divorce, whether they are the fact that trade numbers go up, it makes good sense for the Congress to going to undermine the whole fabric of trade numbers go down, that we too pursue. And so respectfully I oppose what that family is about. And I would would want to review that on an an- the gentleman’s amendment. respectfully suggest that that is what nual basis. Mr. MANZULLO. Mr. Chairman, I we are talking about here, moving I would urge the adoption of this move to strike the last word. from a longer term, 4-year operation to amendment. I think it is an amend- Mr. Chairman, I rise in opposition to a shorter period of 1 year. ment having more to do with simple the amendment offered by my good We are not talking about the kitchen good government and accountability friend and colleague from the State of table issues; we are not talking about than the merits underlying OPIC. I South Carolina. We cannot plan to do next week’s grocery bill. We are talk- would urge its adoption. anything financially in a 1-year period ing, as the gentleman from Illinois Mr. MENENDEZ. Mr. Chairman, I of time. The loans are for a lot more mentioned in great detail very elo- rise in opposition to the gentleman’s than 1 year, and we are asking that it quently, we are talking about funda- amendment. I think the case for OPIC’s be for 4 years, which is more reason- mental business decisions involving in- longer term reauthorization is very able. vestments of ten, sometimes hundreds strong. A 4-year extension does not in- Let me take this opportunity to tell of millions of dollars in areas that are crease OPIC’s program ceilings. It con- my colleagues some of the things that potentially risky and difficult. People tinues OPIC’s self-sustaining oper- OPIC does that many Members of Con- need stability in order to be able to ations. It brings OPIC in line with its gress do not understand. OPIC got in- make business-oriented long-term deci- sister agency, the U.S. Export-Import volved in helping to build a power sions. Bank, which has a 4-year reauthoriza- plant in Guatemala. There was $100 As the gentleman from New Jersey tion. The notion that, in fact, we have million and OPIC insurance to build a (Mr. MENENDEZ) pointed out, we rou- only 1-year reauthorizations for all plant that produces electricity to be tinely on the floor of this assembly pieces of legislation is obviously not sold in Guatemala. Now that is an vote for authorization for a program the case. American investment to a company that is 3, 4, 5 years. The Surface Trans- I am sure that gentleman, just as I, there, and in turn American manufac- portation Act is a 6-year authorization has voted for reauthorizations that tured goods that go into the power routinely because we are looking at have far extended beyond 1 year, and in plant are exported from the United long-term infrastructure investments, fact there is good reason for giving re- States to Guatemala. and communities need that stability in authorizations for beyond 1 year. It is This is generally the nature of what order to make those decisions. If any- because we provide the wherewithal for OPIC does, and that does not displace thing, a decision of this magnitude H9944 CONGRESSIONAL RECORD — HOUSE October 13, 1999 might require more, rather than less, ments and what we do here, everything jeans to come into this country and time because it combines the entrepre- ranging from paper clips to annual sal- Turkey. That is what OPIC does. OPIC neurial activities along with the orga- aries to infrastructure investment. I takes jobs from America and puts them nizational governmental restraints. would support a multiyear capital somewhere else. The way that this has been able to be budget for the United States Congress, So the fact is that OPIC as an arm of successful not using taxpayer dollars, and I would consider a 2-year fiscal re- our foreign policy is well intended, but has not lost a dime in terms of tax- authorization, for instance, but I cer- like so many of the programs that the payer dollars since 1971, and has tainly would not shorten this. Government creates, it gets gamed, surplused money in fact, is because it Mr. COBURN. Mr. Chairman, I move and it is gamed. If we are going to use has been able to plan for the long term, to strike the requisite number of it as a foreign policy tool, let us do it been able to operate like a business, words. in a way that does not copy what the been able to even these things out. I Mr. Chairman, as my colleagues Soviet Union used to do. The right would strongly suggest that we would know, I looked at OPIC every year hand does not know what the left hand be better off with a longer time frame since I have been here, and I can hon- is doing when it comes to OPIC, and in than a shorter to keep that entrepre- estly say, although its goals may be terms of foreign policy there is no neurial long-term approach. worthy, it is pure corporate welfare. question this is absolute corporate wel- Mr. SANFORD. Mr. Chairman, will We just heard it said that it did not fare. the gentleman yield? lose any. It actually lost almost $50 Mr. BLUMENAUER. Mr. Chairman, Mr. BLUMENAUER. I yield to the million last year. It showed money on will the gentleman yield? gentleman from South Carolina. Treasury bonds of money that we have Mr. COBURN. I yield to the gen- Mr. SANFORD. Mr. Chairman, I given them showing interest, but the tleman from Oregon. would just make the point that in actual losses, true losses were $54 mil- Mr. BLUMENAUER. Mr. Chairman, I OPIC doing all of the things that the lion; $54 million of people’s money in appreciate the gentleman’s courtesy. gentleman points out that in the last this country OPIC lost last year. He mentioned $160 million that went to time it was authorized for 2 years, and Okay, that is the truth about what one company that was a difference be- it did not seem to cripple it then in its they actually did. tween whether they made a profit or a ability to produce those results; and, Did they earn money on bonds, on loss? therefore, I just humbly suggest that if money that we gave them? Yes, they Mr. COBURN. ITT. it was able to do it in 2 years then, why did, but their net cash difference was Mr. BLUMENAUER. Is the gen- go to 4 years now? Why not keep it at $54 million. tleman assuming that this is money? that shorter span? Now I understand, if we work in a Mr. COBURN. No, no. I understand Mr. BLUMENAUER. Reclaiming my family, we are going to operate on the very well that this is a guaranteed loan time, Mr. Chairman, and I think it is cash, and I understand we play all sorts or an insurance against a loan. inappropriate, but I was not happy at of games in Washington, but the real The fact is if they made $147 million the time that we were shortening the fact is it is $54 million of the tax- on their own, why should we be guaran- time frame, and I think the events in payers’ money went out the door last teeing their risk when they are in a re- the last couple years have shown that year with OPIC. turn and they are going to get the ben- there are problems in order for them to Let me explain also where some of it efit? be able to operate in a changing envi- went. Coca-Cola, their profits in 1995, As my colleagues know, the world is ronment in an entrepreneurial sense. the last year we have all the numbers, global today, and we should not be giv- In fact, our colleague from Nebraska is was $2.9 billion; but they get $246 mil- ing the richest of our corporations a concerned about a situation in the lion from OPIC. Coca-Cola? We should free ride when they go to take a risk. troubled state of Indonesia and sug- be funding that when we hear time That is what the whole purpose of their gesting recommendations here on the after time that we are not funding edu- investment strategy is. floor to change that. cation well enough, that we are not I know we are going to do that to the I feel that that is not something that funding the social needs of our country American farmer. Not very many other is made easier by the shorter time well enough; but we are going to stand businesses in this country do we guar- frame. I think the longer time frame up and say we are going to justify giv- antee them that they are going to have enabled people to solve problems that ing $246 million worth of insured assets their loans paid off, do we guarantee arise processing claims. Trying to to Coca-Cola? them that they are going to make a move forward rather than having a How about Anheuser Busch? We gave profit. There is a reason why we do it shorter and shorter time frame here, them $49 million. They just made $642 for farmers, because we have an invest- going from 4 to 2 did not help make million last year, and yet we are say- ment in the infrastructure that the that problem go away any faster in In- ing that we have a vested vital interest farmer in this country supplies us and donesia. Going from 2 years to 1 is not in building a beer factory outside of the quality of life. There is not a good going to make it any easier in the fu- this country? Come on, give me a reason for us to do it for the largest, ture, and I personally have great dif- break. This is corporate welfare. We the wealthiest, and the most profitable ficulty thinking that I would be back should not have welfare for the richest companies. here trying to explain to our colleague in our society, and to see the other side b 1515 from Southern California how getting a of the aisle defending sending this kind milled product to an Oregon company of money? Mr. BLUMENAUER. Mr. Chairman, I to manufacture things in Oregon is ITT Corporation, $160 million. They appreciate the gentleman clarifying good for the Oregon economy. The only made 147 million last year. Had that this was a loan and it would not prospect of doing that every year they not had this money, they would have made the difference between drives me to the point of distraction. have lost money. whether or not they made a profit or Mr. SANFORD. Mr. Chairman, will So now what we are doing, we com- not. the gentleman yield? plain about the European Common Mr. COBURN. Mr. Chairman, re- Mr. BLUMENAUER. I yield to the Market, and I will be happy to yield claiming my time, it is a loan guar- gentleman from South Carolina. when I finish my point. We complain antee that one cannot get, the tax- Mr. SANFORD. Then following that about the EU and how they subsidize payer cannot get; only if they lost ev- logic out, the gentleman would suggest their farmers and that our farmers can- erything in their life like the people in we ought to go to a 4-year authorizing not compete with them. There is no North Carolina, they are going to get process in Congress as we authorize or difference in what we are doing, and we some taxpayer-funded loan guarantees appropriate? know it. and some grants, but to give it to the Mr. BLUMENAUER. I would make a Let us talk about Levi Strauss. We wealthiest corporations in this coun- distinction between an entrepreneurial, are paying tons of money in the North- try, absolutely not. quasi-public business-oriented activity west for displaced workers, and we give This is a sham as far as protecting that is involved with long-term invest- $47 million to build a factory to build big business. If big business wants to October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9945 invest in a foreign country and they Mr. TERRY. Mr. Chairman, this is an long run. It frustrates joint efforts at think it is a good return, have them do amendment that would apply some rea- overall settlement of the investor’s it. sonable time limits to OPIC’s claim total claims, both the insured and the The CHAIRMAN pro tempore (Mr. settlement procedures. Private parties uninsured, because settlement efforts EWING). The question is on the amend- that have paid substantial premiums to with a foreign government takes time, ment offered by the gentleman from OPIC, in some cases millions of dollars, making the fair and flexible OPIC South Carolina (Mr. SANFORD). are finding that they are literally at claim process formalistic and The question was taken; and the OPIC’s mercy which it comes to the confrontational, and lastly, it impairs Chairman pro tempore announced that resolution of their claim. They lose OPIC’s historical claims record of pay- the noes appeared to have it. real dollars every day OPIC delays set- ing over 90 percent of claims and real- Mr. SANFORD. Mr. Chairman, I de- tling these claims. Yet, under current izing a 94 percent recovery rate as a mand a recorded vote. law, OPIC does not even have to pay in- successor to the investors’ valid claims The CHAIRMAN pro tempore. Pursu- terest on its claims’ obligations no against a foreign government. So even ant to House rule 327, further pro- matter how long it is delayed. when OPIC comes to the conclusion ceedings on the amendment offered by Moments ago we passed a policy that that it is a valid claim and that it has the gentleman from South Carolina said that they have to expedite their to be paid, by being the successor in in- (Mr. SANFORD) will be postponed. claims or treat them expeditiously. terest to that insured party, it still AMENDMENT NO. 10 OFFERED BY MR. TERRY Now, this is the implementation of goes after and tries to pursue and en- Mr. TERRY. Mr. Chairman, I offer an that policy. This amendment proposes sure that we are not left holding the amendment. a 90-day initial period in which they bag. And it has a 94 percent success The CHAIRMAN pro tempore. The can review the claim. If additional in- rate in that regard. Clerk will designate the amendment. formation is required, they can have 60 This process, by confining OPIC, ac- The text of the amendment is as fol- additional days for a total of 150 days tually works to the detriment of the lows: to review the claim to make their deci- small business investor who might be sion. seeking a claim, works to the det- Amendment No. 10 offered by Mr. TERRY: Page 6, add the following after line 25, and If they are unable to make their deci- riment of OPIC. And then there is a redesignate succeeding sections, and ref- sion within that time frame, then at second provision in the gentleman’s erences thereto, accordingly: the beginning of the 150 days, in es- amendment that actually hurts the SEC. 5. CLAIMS SETTLEMENT REQUIREMENTS sence, interest starts running if the taxpayers of the United States, which FOR OPIC. claim is found to be valid. is that, in fact, in this compacted time (a) TIME PERIODS FOR RESOLVING CLAIMS.— I know that the Chairman of OPIC period, in situations in which OPIC will Section 237(i) of the Foreign Assistance Act has some concerns with the mechanics be forced to deny the claim in order to of 1961 (22 U.S.C. 2197(i)) is amended— of the operation of this amendment. I be able to best create the cir- (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and have talked to Mr. Munoz about those, cumstances to ensure itself and ulti- (2) by adding at the end the following: ‘‘(2) The Corporation shall resolve each and I think some of them are valid con- mately the taxpayers, we are going to claim arising as a result of insurance, rein- cerns. It does place a burden on the ap- force it to pay interest, which interest surance, or guaranty operations under this plicant. The applicant, because of a ultimately as a governmental agency title or under predecessor guaranty author- shortened time frame, has to get their would come from the taxpayers. ity within 90 days after the claim is filed, ex- ducks in a row before submitting a Now, we have an agency that has not cept that the Corporation may request spe- claim. One cannot simply write the let- cost the taxpayers money, the previous cific supplemental information on the claim ter submitting the claim without then speaker mentioned something about an before the expiration of that 90-day period, having their documentation to back it OPIC loss, and that they only have in- and in that case may extend the 90-day pe- terest based upon government bonds. riod for an additional 60 days after receipt of up. So it does place that burden on the such information. applicant. Well, that is from proceeds that they ‘‘(3) The Corporation shall pay interest at But, on the other hand, there is noth- have achieved from the revenues that the prime rate on any claim for each day ing in the system right now that pre- they generate from the insurance that after the end of the applicable time period vents OPIC once that information is they offer and for which they are paid specified in paragraph (2) for settlement of submitted to act on it expeditiously. for, and that they have invested, so the claim.’’. This puts the policy into action with they have not operated as a loss; and MODIFICATION TO AMENDMENT OFFERED BY MR. specific time periods and a remedy we do not want them to operate as a TERRY when they fail to adhere to those time loss. Therefore, we cannot constrain Mr. TERRY. Mr. Chairman, I ask periods. them in such a way. unanimous consent to modify Amend- Mr. Chairman, I urge approval of this OPIC’s bottom line result on claims ment No. 10. amendment. payment is excellent and its process is The CHAIRMAN pro tempore. The Mr. MENENDEZ. Mr. Chairman, I flexible and fair. Rigid timetables Clerk will report the modification to move to strike the last word. would create pressure to deny claims the amendment offered by the gen- Mr. Chairman, I understand the gen- that are not at first convincingly sup- tleman from Nebraska (Mr. TERRY). tleman’s concern, and that is why I ported where OPIC’s practice has been The Clerk read as follows: went along with his first amendment. to work with the investor, to make the Modification to Amendment No. 10, offered But this amendment actually I think best case for compensation in the by Mr. TERRY: in the text of the matter pro- creates harm, and I want to call the amount claimed. This can take time, posed to be inserted, on line 7, strike ‘‘shall’’ gentleman’s attention to why I have to but it is fairest to the investor and to and insert ‘‘should’’, and on line 16, after oppose it and hopefully, we can work the taxpayer. ‘‘any’’, insert ‘‘valid’’. something out, but if not, I will have So, we need to make sure that this Mr. TERRY (during the reading). Mr. to oppose his amendment at the end of process is one that works, as it has, Chairman, I ask unanimous consent the process. with an excellent percentage of pay- that the modification to the amend- Imposing a fixed timetable on OPIC ment of claims, and an excellent per- ment be considered as read and printed creates a series of problems. It dis- centage of restoring those claims paid in the RECORD. advantages the small business investor by going after the entity with OPIC The CHAIRMAN pro tempore. Is who cannot make his best case early. I standing in the interest of the investor. there objection to the request of the understand the gentleman’s concern is That is what we want to achieve. And gentleman from Nebraska? about a small business, but one cannot yes, we want it to be as fast as pos- There was no objection. at the end of the day create a process sible; but we do not want to hurt the The CHAIRMAN pro tempore. Is that disadvantages them because they small businessperson in the process there objection to the modification to cannot make their best case early. It that is going to have to make their the amendment offered by the gen- pressures OPIC to deny a claim that case early. And we do not want to hurt tleman from Nebraska (Mr. TERRY)? might, with both parties’ cooperation, the taxpayers by imposing upon the There was no objection. be satisfactorily documented in the agency payments that will ultimately H9946 CONGRESSIONAL RECORD — HOUSE October 13, 1999 be costly to both the agency and, for OPIC to do what it does so well. I think, while the gentleman’s inten- therefore, to the taxpayers in a pre- What we offer here is a review of tion is well-meaning, his effort as to mature manner. claims processing for OPIC. Having the how he achieves that is both problem- So, Mr. Chairman, I would hope the General Accounting Office providing a atic for the agency, problematic for the gentleman would try to work with us report not later than 6 months after entities to be insured, problematic for in a conference and withdraw his the day of the enactment of this law to the taxpayers. So I urge the adoption amendment, but in view of the fact both the Committee on International of my amendment to the Terry amend- that I assume the gentleman wants to Relations and the Senate Foreign Rela- ment. tions Committee, to review the claims proceed, then I will offer an amend- b 1530 ment to the gentleman’s amendment at activity of OPIC which includes an Mr. TERRY. Mr. Chairman, I move to the appropriate time. analysis of the claims paid, settled, and strike the last word. The CHAIRMAN pro tempore. The denied; the number of claims deter- Mr. Chairman, first of all, I want to Committee will rise informally. mination made by OPIC which are challenged in arbitration; the number be clear on what this amendment does. The SPEAKER pro tempore (Mr. It is, in essence, a substitute amend- YOUNG of Florida) assumed the Chair. of OPIC’s claim denials which are re- versed in arbitration; the number of ment to mine. It statutorily incor- f claims which are withdrawn; and rec- porates the status quo. It basically MESSAGE FROM THE PRESIDENT ommendations for ways in which the says that OPIC has 6 months next to never to resolve claims. A message in writing from the Presi- interests of OPIC’s insured and the public could be better served by OPIC’s That is no improvement. There are dent of the United States was commu- examples where OPIC has drug their nicated to the House by Mr. Sherman claims procedures. To the extent that OPIC has a great feet on claims for a variety of different Williams, one of his secretaries. record and it can be improved upon, reasons, but the fact that they have The SPEAKER pro tempore. The this gives us the wherewithal to do it taken substantial time to resolve Committee will resume its sitting. without creating the constraint that claims is unrefuted. f the gentleman’s amendment would. The issue then is if they are going to Mr. Chairman, OPIC’s standard con- act like a private insurance company, EXPORT ENHANCEMENT ACT OF they have to treat claims with good 1999 tracts presently allow OPIC a reason- able time to make a decision after re- faith. If we review insurance laws of The Committee resumed its sitting. ceipt of a completed application, one every State, we will see provisions that The CHAIRMAN pro tempore. The that establishes the insured’s right to outline how insurance companies have Chair recognizes the gentleman from be compensated in the amount to act in good faith. One of those provi- New Jersey (Mr. MENENDEZ). claimed. sions in every State is that they have AMENDMENT OFFERED BY MR. MENENDEZ TO Now, when we have this political risk to handle claims expeditiously. If they THE AMENDMENT NO. 10, AS MODIFIED, OF- insurance, the fact of the matter is it do not, the remedy is usually pre-judg- FERED BY MR. TERRY raises complex issues: issues of fact, ment interest. Mr. MENENDEZ. Mr. Chairman, I contract interpretation, foreign law, This is what my amendment does, is offer an amendment to the amendment, international law and accounting. simply put into the system some ac- as modified. They cannot be resolved over the phone countability. That accountability is if The Clerk read as follows: as we might do if we had an automobile they are going to drag their feet on Amendment offered by Mr. MENENDEZ to accident or a homeowner’s claim and claims, on valid claims, then after 150 Amendment No. 10, as modified, offered by try to deal with our insurance com- days they should have to pay interest Mr. TERRY: Strike lines 1 through 18 and in- pany. They are extremely complex. on the amount of that claim. sert the following: Therefore, the time frame that the The world does not operate in a vacu- ‘‘SEC. 5. REVIEW OF CLAIMS PROCESSING FOR gentleman wants, while his goal is wor- um. If Indonesia takes over a power OPIC. thy, ultimately really hamstrings plant and kicks out the U.S. citizen ‘‘The General Accounting Office is re- OPIC in a way that is detrimental to that built that and threatens to jail quested to provide a report not later than 6 that small businessperson, as well as to them if they return, that is expropria- months after the date of the enactment of tion. OPIC knows when that happens. this Act to the Committee on International the taxpayers, by the enforcement of a Relations of the House of Representatives mechanism that makes them pay inter- Now, the applicant has to document and the Committee on Foreign Relations of est by the time that the time frame is those activities, and will take the time the Senate, which reviews the claims activ- exhausted, and that time frame is rath- to properly put their case together be- ity of the Overseas Private Investment Cor- er short, 150 days, total. That is a very fore they submit that. poration. The report shall include— short time frame. It is reasonable, then, because OPIC, ‘‘(1) an analysis of claims paid, settled and OPIC’s decisions on claims become if they are diligent at all, should al- denied by OPIC; public. They are relied upon as a way ready know what is going on, for them ‘‘(2) the number of claims determinations and as a means and as a guide to look- to be able to review that within a cer- made by OPIC which are challenged in arbi- tration; ing at OPIC contracts and are cited in tain short period of time. If additional ‘‘(3) the number of OPIC’s claims denials broader discussions of international in- information is necessary, as is outlined which are reversed in arbitration; vestment law. Reaching the right bot- in mine, and that request is reasonable, ‘‘(4) the number of claims which are with- tom line result is simply not enough. then they should be afforded an extra drawn; and OPIC’s rationale has to be properly ar- 60 days, for a total of 150 days. ‘‘(5) recommendations for ways in which ticulated, because if not, others will My amendment is reasonable. The the interests of OPIC insureds and the public seek to pursue those future actions if substitute amendment offered by the could be better served by OPIC’s claims pro- we do not articulate the right set of gentleman from New Jersey (Mr. cedures.’’ reasons, and that can be more costly to MENENDEZ) guts mine entirely, and ba- Mr. MENENDEZ (during the read- us. sically, as I said, incorporates the sta- ing). Mr. Chairman, I ask unanimous So any interactive process takes tus quo. consent that the amendment be consid- time. If OPIC has to reach final deci- A couple of points raised; one, that ered as read and printed in the RECORD. sions within a fixed deadline, more OPIC resolves 94 percent of the claims. The CHAIRMAN. Is there objection claims will be denied and in that proc- I am sure under the current leadership to the request of the gentleman from ess of denial will start a series of cir- that that will not change. What may New Jersey? cumstances that we are going to hurt change, though, is another category of There was no objection. the investor, we are going to impinge the timeliness of those resolutions. Mr. MENENDEZ. Mr. Chairman, upon the agency, we are going to start That is what we are requesting, is what we hope to do through this charging interest after that 150 days; simply that OPIC have a set time amendment is to try to reach the gen- and that ultimately is going to create frame to resolve those claims. I am tleman’s concern, but at the same a problem for us in terms of the tax- sure they will act expeditiously under time, create the operational capacity payers of this country. the current leadership. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9947 The fact that they want to go after, Think for a moment what is going to Mr. BLUMENAUER. I yield to the for example, Indonesia for reimburse- happen if in fact we are going to gentleman from New Jersey. ment, they should not hold up a claim change the contracts and the oper- Mr. MENENDEZ. Mr. Chairman, sec- until they get some commitments for ation, where all of a sudden we are ondly, if the gentleman’s amendment reimbursement. In the private sector, going to have an arbitrary time limit would give flexibility to the company that is bad faith. Surely they should that kicks in and interest is going to to engage with OPIC and extend the have the right. be paid. time frame that the gentleman sug- This amendment in no way quashes Two things are going to happen. One, gested, then it might be more reason- or harms or prevents their opportunity I agree with the gentleman from New able, because OPIC would not be forced to go after a country that has expropri- Jersey, the inclination, because they to make a determination, the company ated an asset at all. All this simply have to run as a business, they have to would not be forced to pursue its inter- does is say, for the victim of that ex- be accountable, the inclination is going ests in a limited time frame in which it propriation, that they have to handle to be to reject and deny more claims. might not make its best case, and ev- that claim in a timely manner. That is common sense in terms of how erybody would be better served. Mr. Chairman, I urge the defeat of the business operates. Mr. TERRY. Mr. Chairman, will the the substitute amendment, and again To the extent that that does not gentleman yield? request passage of my amendment. occur and we end up paying out a lot of Mr. BLUMENAUER. I yield to the Mr. BLUMENAUER. Mr. Chairman, I money, that means there are going to gentleman from Nebraska. move to strike the requisite number of be fewer loans that are going to be Mr. TERRY. To answer the gentle- words. granted, or it is going to be that maybe man’s question, Mr. Chairman, on spe- Mr. Chairman, so far today we have for the first time it will actually re- cifically what happens next, the issue not had any evidence on the floor of quire that we are invading some of is yes, then they can go to arbitration. this Chamber that the people associ- these reserves and it is not going to be There are specific examples in exist- ated with OPIC are operating in bad surplusing money. ence where OPIC has not resolved the faith. I have not heard that. My experi- I would strongly suggest that the claim in a timely manner. It has drug ence and the record before me, at least amendment that has been offered by on for months. If OPIC would have ei- to this point, indicates that people are the gentleman from Nebraska (Mr. ther accepted or denied their claim, let trying to do their best under difficult TERRY) is undermining the notion of us say in a denial, probably in the time circumstances. this being an entrepreneurial insur- frame that OPIC has sat on the claim What our colleague, the gentleman ance-oriented approach that gives max- they could have had a determination from New Jersey, pointed out is that imum flexibility to the agency to try from the arbitration board in the inter- when we are operating in an area that and balance the interests to the tax- national arena. is chaotic, in an area where we have payer and to the client, according to In fact, in the incident in Indonesia multiple interests that we are trying the contracts that they enter into. when they expropriated the power com- to advance as a government, where the I suggest that it is inappropriate for pany, there was already an arbitration parties involved have entered into a us to engage in micromanagement on of whether or not they had seized those contractual obligation under which this floor with arbitrary time limits assets. In an international arbitration they get the risk insurance, that we that are going to get in the way of lay- court of three, it was a three-zero deci- have a framework that is established. ing the foundation. Ultimately, we sion that the country had acted in a This is a decision that is going to want to be successful. We want the In- way to expropriate. guide what the agency does in this case donesian government to cough up Mr. MANZULLO. Mr. Chairman, I and in others that may be in fact simi- money to cover this, and to be able to move to strike the requisite number of lar. They are relied upon in areas of keep the taxpayer whole and get words. international law and in terms of peo- money back to an aggrieved party. Mr. Chairman, I think it is extremely ple entering into other agreements I strongly urge that we adopt the significant that the gentleman from with us to promote the objectives of amendment of the gentleman from New Alabama (Mr. CALLAHAN) supports the this program. Jersey (Mr. MENENDEZ) and reject the original Terry amendment, as modi- The people who manage OPIC have underlying amendment. fied, or not as modified by the amend- every reason to do so in an expeditious Mr. MENENDEZ. Mr. Chairman, will ment of the gentleman from New Jer- and thoughtful manner. They are in the gentleman yield? sey (Mr. MENENDEZ), but the language the business of promoting the interests Mr. BLUMENAUER. I yield to the of the Terry amendment with the of American business in risky environ- gentleman from New Jersey. change of the two words that appear at ments. That is why they are there. Mr. MENENDEZ. Mr. Chairman, the the desk. They have done a stellar job since 1971 point that the gentleman made is an I think that is extremely significant, of doing that. important one. When we deny claims, because the gentleman from Alabama They are caught in a situation in when OPIC is forced by this new set of has been a supporter of OPIC for years. many cases where they are trying to circumstances to deny claims, what He is very conservative, he is very cau- find out what the true facts are and happens to the claimant, the American tious. He watches the taxpayers’ dol- then lay the groundwork; not just to company that the gentleman is con- lars. For him to come out in favor of put the money back into the hands of cerned about? Now their only course is this amendment to me is quite compel- maybe the person who has the risk in- to litigate, which is more costly, more ling. surance or the corporation, but then time-consuming, than to work with But I would like to contrast the they also have to lay the foundation to OPIC in trying to reach a conclusion. Menendez amendment. Really, that get the money back. The bottom line, Mr. Chairman, is should be supplemental to that of the The recovery rate, as the gentleman that, number one, the denial of claims gentleman from Nebraska (Mr. TERRY). from New Jersey pointed out, is in ex- because of the time constraints causes He simply says, let us have a time cess of 90 percent. Ninety-three percent a set of circumstances that is even frame. Granted, the language is not the I believe is the number he recited. That worse for the claimant, and the claim- most artful. It could obviously be is because a thoughtful and careful job ant happens to be an American entity. cleaned up in conference. But it simply is done. Many times it is an interactive The CHAIRMAN pro tempore (Mr. says we should reach a point with all process. Where we have some of the EWING). The time of the gentleman the litigation and all the arbitration smaller businesses that are involved, from Oregon (Mr. BLUMENAUER) has ex- that goes on that after a certain point, maybe they do not have as much activ- pired. the person who gets paid his judgment ity overseas, they do not have as much (By unanimous consent, Mr. or award is entitled to interest from a presence, it takes time for them to as- BLUMENAUER was allowed to proceed certain date on. semble their material, and this goes for 2 additional minutes.) There is nothing like prejudgment in- back and forth between OPIC and the Mr. MENENDEZ. Mr. Chairman, will terest that moves the litigants to get insured. the gentleman yield? through. It is a tremendous incentive, H9948 CONGRESSIONAL RECORD — HOUSE October 13, 1999 especially when we are talking about teeth into it. I think just a simple pri- have reason to believe that officials what could be tens of millions of dol- vate sector remedy of prejudgment in- from cabinet agencies are intervening lars that are at stake. And why not so? terest is probably the easiest solution. in the business operations of OPIC be- If a person’s factory is expropriated, The gentleman from Illinois (Mr. MAN- cause of other foreign policy goals. that person loses everything. They lose ZULLO) is exactly right, it is a simple That is, it is turning the purpose of the investment, and many times they solution that incentivizes both parties OPIC on its head. The fact that Amer- still have to pay the bank interest on to move in a timely manner. That is ican companies have suffered as a re- the investment that he or she made the whole purpose of this amendment. sult of capriciousness abroad is bad overseas. So the American manufac- b 1545 enough; but when they turn to their turer is still paying the bank interest. own government for help contrac- What does this say? This says the The CHAIRMAN pro tempore (Mr. tually, they should not expect even purpose of this insurance is to make EWING). The question is on the amend- more political capriciousness. the American manufacturer whole. ment offered by the gentlemen from My amendment seeks to get to the That is the purpose of insurance. That New Jersey (Mr. MENENDEZ) to the bottom by requiring any intervention is what the Terry amendment does. amendment, as modified, offered by the by a Federal agency on a pending claim The gentleman from New Jersey (Mr. gentleman from Nebraska (Mr. TERRY). at OPIC to be disclosed. It is as simple The question was taken; and the MENENDEZ) has a great amendment, if as that: disclose it. Let us recognize Chairman pro tempore announced that it were on its own. It calls for a study. that OPIC is a governmental agency. the noes appeared to have it. Around this place, if we do not know Its head is appointed by the President, Mr. MENENDEZ. Mr. Chairman, I de- what to do, we call for a study. This confirmed by the Senate. So it does mand a recorded vote. calls for a study which says within 6 have to have relations with the State The CHAIRMAN pro tempore. Pursu- months we want an analysis of all the Department and the Treasury. So if ant to House Resolution 327, further outstanding claims and all things there are foreign policy considerations proceedings on the amendment offered going on with reference thereto, et that are holding up a claim or influ- by the gentleman from New Jersey cetera, et cetera. encing the resolution of a claim, which (Mr. MENENDEZ) to the amendment, as I would suggest that my good friend, I think is wrong, considering the insur- modified, offered by the gentleman the gentleman from New Jersey (Mr. ance contract should be different than from Nebraska (Mr. TERRY) will be MENENDEZ) really withdraw his amend- that, but at least recognizing the gov- postponed. ment, perfecting amendment to that ernment relationship, the least that the amendment of the gentleman from AMENDMENT NO. 11 OFFERED BY MR. TERRY they should do is disclose that inter- Nebraska (Mr. TERRY), and reintroduce Mr. TERRY. Mr. Chairman, I offer an vention. amendment. it as a stand-alone, and I would be the Now, by intervention I mean simply The CHAIRMAN pro tempore. The first one to jump up and say, this is take the common everyday usage of Clerk will designate the amendment. really exciting. that word. I mean any formal or infor- The text of the amendment is as fol- Mr. TERRY. Mr. Chairman, will the mal communication by an official of lows: gentleman yield? another agency at OPIC that seeks to Mr. MANZULLO. I yield to the gen- Amendment No. 11 offered by Mr. TERRY: affect or could reasonably be expected tleman from Nebraska. Page 6, add the following after line 25, and to have an impact on OPIC’s decision Mr. TERRY. Mr. Chairman, I thank redesignate succeeding sections, and ref- on the merits of the case. the gentleman from Illinois for yield- erences thereto, accordingly: ing. SEC 5. RESTRICTION ON CONTACTS RELATING There is concern about whether a Frankly, the gentleman raised some TO OPIC CLAIMS SETTLEMENTS. simple call of inquiry, a Treasury head (a) PUBLICATION OF FEDERAL AGENCY INTER- calling up and saying, George, how are of the points I wanted to when the gen- VENTIONS.—Section 237(a) of the Foreign As- tleman yielded, and I had an oppor- the claims in Indonesia coming, that is sistance Act of 1961 (22 U.S.C. 2197(i)) is a simple inquiry. That is not interven- tunity to tell what the process was and amended— how. When OPIC does not act in a (1) by inserting ‘‘(1) after ‘‘(i); and tion. If they say we have some real for- timely manner, they also shut the door (2) by adding at the end the following: eign policy issues there, we cannot to those other remedies that are avail- ‘‘(2) No other department or agency of the upset the government of Indonesia able. When they sit on a claim, and United States, or officer or employee there- right now, so how are those claims of, may intervene in any pending settlement coming, I think the true intent might they have, and I am sorry that we do determination on any claim arising as a re- not get the opportunity, like in a court have been to intervene in the process. sult of insurance, reinsurance, or guaranty I expect an amendment that will of law, to call witnesses to produce evi- operations under this title or under prede- dence, but if we can get some hearings cessor guaranty authority unless such inter- change the definition of ‘‘interven- on the way OPIC has acted on a certain vention is published in the Federal Register. tion,’’ and we will have a continuing amount of claims, especially the Indo- ‘‘(3) The Corporation shall report to the debate on that, but I think we owe it to nesian claims, we will see that, for Congress on any intervention, by any other those who are purchasing these con- whatever reason, and I am not saying department or agency of the United States, tracts that if their claim is being influ- or officer or employee thereof, regarding the that they are bad faith reasons, but enced that they at least know it. I urge timing or settlement of any claim arising as support for this amendment. without question, they have admitted a result of insurance, reinsurance, or guar- that they have had all the facts of anty operations under this title or under AMENDMENT OFFERED BY MR. MENENDEZ TO what happened in Indonesia for predecessor guaranty authority. The report AMENDMENT NO. 11 OFFERED BY MR. TERRY months, and in a meeting last week, shall be submitted within 30 days after the Mr. MENENDEZ. Mr. Chairman, I when they said that they would have a intervention is made.’’. offer an amendment to the amendment. decision months ago, and when asked Mr. TERRY. Mr. Chairman, this The Clerk read as follows: why they have not, they said, yes, we amendment addresses a serious concern Amendment offered by Mr. MENENDEZ to have all of the facts, but the lawyers that I have regarding OPIC. We have Amendment No. 11 offered by Mr. TERRY: have not made their decisions yet. alluded to some of it here in our discus- Page 1, line 9, insert the following after Well, when I was in the private prac- sions on the last amendment. It is that ‘‘intervene’’; ‘‘with the intent to impede or tice of law, that would be frequently basic business decisions at OPIC have, delay’’. the answer of the insurance companies I fear, become politicized. When an Page 1, line 16, insert the following after that were ultimately responsible: We American business comes to its govern- ‘‘intervention,’’: ‘‘with the intent to impede know all of the facts, we have done the ment and purchases a political risk in- to delay a settlement determination’’. investigation, we just have not made surance policy, it is doing so because in Mr. MENENDEZ. Mr. Chairman, I un- our decision yet. This simply says, you certain countries it cannot rely on a derstand the gentleman’s concern have all the facts. Make your decision. transparent political process or the about the possible intervention of Quit using excuses to delay it. sanctity of those contracts. other Federal agencies on pending set- If that is an admirable policy, then Based on the comments that I have tlement determinations and clearly what we need to do is to put some heard directly from OPIC officials, I claims should be considered on their October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9949 own merits, without necessary delays, ernment information sources to pro- The gentleman from Nebraska (Mr. unrelated to the actual claims process, vide relevant information to OPIC with TERRY) simply says this: we have a but I am offering this amendment to respect to claims. Cutting off OPIC’s claim that is before OPIC. The public clarify the gentleman’s language. My ability to obtain this kind of informa- has a right to know which government amendment would change the language tion would do a disservice, both to the agencies are claiming an interest in it, in paragraph 2 to read that no other de- taxpayers and OPIC’s insureds, by re- and the people have a right to know partment or agency of the United stricting OPIC’s fact-finding efforts to what those government agencies are States or any officer thereof or any non-U.S. Government sources of infor- saying. employee thereof may intervene with mation, when we have all of those U.S. So I would ask that the Menendez the intent to impede or delay in any government sources of information amendment be defeated, that the origi- pending settlement determination, and that can help us achieve a 100 percent nal Terry amendment be adopted. it makes the same change in paragraph claim and cost nothing to the tax- Mr. BLUMENAUER. Mr. Chairman, 3. Now, what is the reason for the clari- payers. will the gentleman yield? fication? So my amendment tries to accom- Mr. MANZULLO. I yield to the gen- The proposed amendment by our col- plish what the gentleman wants by tleman from Oregon. league would prevent OPIC’s board saying if there is an intent to impede Mr. BLUMENAUER. Mr. Chairman, members from carrying out their stat- or delay, then that cannot be done and can the gentleman envision cir- utory functions. OPIC is governed by a those employees and agencies and offi- cumstances where there would be valid board of directors that, in fact, seven cers cannot do that; but otherwise we information available to the CIA or the of whom are officers of department or create a huge opening in which no gov- State Department that could help in agencies of the United States Govern- ernmental agency, no embassy abroad, accurately settling the claim, that we ment. These are the board of directors. and even the directors of the board of would not want published in the Fed- Seven of them are, in fact, officers of trustees of OPIC who we want to be eral record for everybody to see? Can departments or agencies of the United questioning the director about their the gentleman envision any cir- States Government. payments and their liabilities will not cumstances where that would happen? This amendment would prevent the be able to do so in this regard. Mr. MANZULLO. I would say in an- board from exercising its responsibil- We would want no corporation in swer to that that the CIA has its own ities by, quote, ‘‘interfering with the America, we would want no public enti- statute that would protect the dis- ability of its private sector members to ty in the country, to be told that we do tribution of that material. That could participate in discussions regarding not want the people overseeing that en- happen in appropriation cases. There is tity to have the ability to question on claim settlements.’’ So they, in es- no question about that. the very liabilities they might have as sence, would not be able to engage. Mr. BLUMENAUER. Or the State De- an agency and on behalf of the tax- Secondly, the proposed amendment partment or Treasury? would hurt OPIC’s ability to protect payers of the country. So I urge adop- Mr. MANZULLO. Sure. Obviously tion of my amendment to the Terry the taxpayer by interfering with overriding the openness of this mate- amendment. I think it accomplishes OPIC’s ability to coordinate its claims rial would be any national security in- the gentlemen’s goal and at the time salvage efforts with other parts of the terests. Those statutes already exist on preserves the sanctity of OPIC’s ability United States Government. Now, what the books. to protect itself, the taxpayers, and the does that mean? We had a debate ear- Mr. BLUMENAUER. If there are, in claimant. lier, when OPIC has a claim and it is Mr. MANZULLO. Mr. Chairman, I fact, national interests that would pre- willing to pay the claim, it stands in move to strike the last word. vent it being in the public benefit to the shoes of the company that it paid Mr. Chairman, I rise in support of the have this widely disseminated, would the claim on behalf of to try to get the original Terry amendment and in oppo- OPIC be able to use such information money from some overseas entity or sition to the Menendez amendment. I under the operation of this amend- government. If we cannot coordinate think Mr. MENENDEZ is talking about ment? If so, who would determine what with the agencies of the Federal Gov- two different things. The Terry amend- goes in the Federal record and what ernment to put OPIC in the best pos- ment does not prevent anybody or any does not? sible sort of circumstances, to protect organization, or any department, from Mr. MANZULLO. Who would deter- itself as the claimant and to protect getting involved in the adjudication of mine the language of the gentleman the taxpayers thereof, we are hurting this claim. What it simply says is that from New Jersey (Mr. MENENDEZ) that OPIC; we are hurting the taxpayers. there should be an open record. This is says with the intent to impede or That does not make sense. an open meetings act for the process of delay? I mean, that is a subjective OPIC’s history of successful salvage adjudication by OPIC. That is all it process. is due, in part, to its strong coordina- says. Mr. BLUMENAUER. I can understand tion with our embassies abroad; and The plain language says, ‘‘No other where the intent we both agree is not those salvage efforts not only protect department or agency of the United to impede or delay. the U.S. taxpayer by resulting in a re- States, or officer or employee thereof, Mr. MANZULLO. That is correct. covery of close to 95 percent of may intervene in any pending settle- Mr. BLUMENAUER. The intent is to amounts paid or settled on claims over ment,’’ et cetera, ‘‘unless such inter- protect American interests, sources of OPIC’s history but it also benefits the vention is published in the Federal information. insured investor whose uninsured in- Register.’’ That is all the gentleman Mr. MANZULLO. Well, sure. terests, uninsured interests, those not from Nebraska (Mr. TERRY) is asking Mr. BLUMENAUER. That would not covered by OPIC, are also attempted to for. He wants to know what, if any, fall under the scope of the Menendez be covered by OPIC in the salvage ef- other departments, are trying to influ- amendment. fort. ence, I do not use that word in a Mr. MANZULLO. I would submit that The broad prohibition on interven- meanspirited way but are trying to there are existing statutes on the tion that the gentleman would offer in have a role in making a determination, books today that would give enough his amendment would inhibit OPIC’s that simply should be a matter of the protection to the State Department, to ability to obtain relevant information public record. That is all he is asking. the CIA, or any other security agency, from U.S. embassies in that country The amendment of the gentleman for making open documents that are and other United States Government from New Jersey (Mr. MENENDEZ) on already classified. sources of information, and it is that the other hand says that by adding the Mr. MENENDEZ. Mr. Chairman, will very information that is at the core of words ‘‘with the intent to impede or the gentleman yield? successfully accomplishing a recovery delay,’’ if his language is added to the Mr. MANZULLO. I yield to the gen- of the claim. Terry amendment that turns the Terry tleman from New Jersey. The threat of violation of this provi- amendment into something entirely Mr. MENENDEZ. I appreciate my sion would have a serious impact on different. That is not the purpose of friend’s comments, but the fact of the the willingness of United States Gov- the Terry amendment. matter is that what we would have, H9950 CONGRESSIONAL RECORD — HOUSE October 13, 1999 there are maybe some agencies covered ready unlocks the door to a whole se- TERRY) penalize either the taxpayer or by other statutory provisions in the in- ries of things that we may not want, the balance of OPIC in terms of the telligence community that might offer foreign nationals and foreign countries. bottom line, in terms of having to pay OPIC information which might be able Mr. TERRY. Mr. Chairman, will the more money. That seems to me to not to appear in the register, but there gentleman yield? make no sense. are a series of agencies which we might Mr. MANZULLO. I yield to the gen- I think we are confusing here poli- not consider quote/unquote ‘‘intel- tleman from Nebraska. tics, to use the word from the gen- ligence information,’’ but which infor- Mr. TERRY. Mr. Chairman, the issue tleman from Nebraska, with having na- mation would be harmful to the inter- is that OPIC should be making those tional interests and the best informa- ests of the United States that are not decisions on the outcome of claims, not tion available to treat the policy hold- covered by any such provision and that other agencies. er and the American taxpayer in the would have to be issued in the Reg- Mr. BLUMENAUER. Mr. Chairman, I best interests. ister. If not, it would be a violation of move to strike the requisite number of I fear that if this amendment were words. law if this amendment were passed. So adopted, not the Menendez perfecting Mr. Chairman, I am a little troubled I think that there is a serious concern amendment, but the amendment of the by the turn that the conversation has gentleman from Nebraska (Mr. TERRY), between that and what the gentleman taken. I will be the first to admit that operation at OPIC would go on. The seeks to do. I think we put the cloak of secrecy too people in the bureaucracy would con- He wants to know if there is some broadly over issues in this country. undue influence in the determination I think it is outrageous that the tinue to function. of a payment of a claim, and I think American public does not yet know But it would raise questions for the that that is fitting and proper; but we what we did in Central America 20 or 25 board. It would make them harder to have to limit that to make sure that it years after the fact, destabilizing get the good information. They will is undue influence and not just open democratically elected governments. not be able to do their job as well. That the whole book for the whole world to I think it is outrageous some of the is only going to hurt the taxpayer, if it see what we are doing out there to try things that happened in Chile, in Cen- ends up costing taxpayer money in the to determine how we process our way tral America, in Asia. I think that we long run, where OPIC does not surplus to achieving a claim. far too broadly keep information from as much money. But because they oper- b 1600 the American public, things that are ate in an entrepreneurial fashion, what not designed to keep information from it is going to mean is that it is going to Mr. TERRY. Mr. Chairman, will the our enemies, or past enemies. They al- mean that there is going to be less gentleman yield for a response? ready know what was in those files. It money available to loan. It is going to Mr. MANZULLO. Yes, I yield to the is to prevent, I am afraid, sometimes, make it more cumbersome. It is going gentleman from Nebraska. embarrassment for some people here. I to make the processing of claims based Mr. TERRY. Mr. Chairman, first of think, as a general rule, we ought to on less accurate information. all, what needs to be recorded is that open up more, and I so voted. Ultimately, it may well mean that one of our government agencies has re- But what this talks about is not sort fewer people are insured. I do not think quested OPIC to make a decision based of a sunshine. I just reject this concept that that is necessarily in our best in- on politics. The details of that are not that somehow we are turning the inter- terest. We do not need this to solve a necessarily needed to be disclosed in ests of America on its head by having problem that somebody in Nebraska the record. the full range of information available has. The CHAIRMAN. The time of the to make these determinations. I understand that we are moving for- gentleman from Illinois (Mr. MAN- I think representing the full range of ward with that claim, and something is ZULLO) has expired. American interests in the decisions happening. But we do not need to put a (By unanimous consent, Mr. MAN- that OPIC makes is not turning Amer- cumbersome process, freeze it into ZULLO was allowed to proceed for 1 ad- ican interests on their head. They statute that is going to give less effec- ditional minute.) should not necessarily be disconnected tive information and make the job of Mr. MANZULLO. Mr. Chairman, I from the best sources of information the director and OPIC harder. yield to the gentleman from Nebraska that we have. I strongly urge the rejection of the (Mr. TERRY). The gentleman from New Jersey (Mr. Terry amendment and the adoption of Mr. TERRY. Mr. Chairman, let me MENENDEZ) is suggesting that, if some- what the gentleman from New Jersey ask the same level of rhetorical ques- thing is offered up for the purpose of (Mr. Menendez) has offered by way of a tion back. Does it not provide more merely impeding settlement, that that substitute. confidence in the insurance contract if should be prohibited or should be made The CHAIRMAN pro tempore (Mr. the purchaser of that contract has more difficult. EWING). The question is on the amend- some assurances that, if decisions are But this amendment that the gen- ment offered by the gentleman from not going to be made on the merits of tleman from Nebraska (Mr. TERRY) has New Jersey (Mr. MENENDEZ) to amend- the claim but on politics, that they at offered does not distinguish between ment No. 11 offered by the gentleman least be told? things that are somehow impeded, and from Nebraska (Mr. TERRY). Mr. MENENDEZ. Mr. Chairman, will operation of the information that The question was taken; and the the gentleman yield? comes from Treasury, that comes from Chairman pro tempore announced that Mr. MANZULLO. I yield to the gen- State, not just the CIA, that from the noes appeared to have it. tleman from New Jersey. whatever source we have this informa- Mr. MENENDEZ. Mr. Chairman, I de- Mr. MENENDEZ. Mr. Chairman, first tion available, there would, because mand a recorded vote. of all, I am reading the gentleman’s there are seven independent agency The CHAIRMAN. Pursuant to House amendment. It says nothing about poli- heads who function as trustees or di- Resolution 327, further proceedings on tics here. It simply says no department rectors of OPIC, it would very much the amendment offered by the gen- or agency of the United States or any confuse the deliberations. tleman from New Jersey (Mr. MENEN- of its officers may intervene in any If the information that they provided DEZ) to the amendment No. 11 offered pending settlement determination. had the effect perhaps of delaying the by the gentleman from Nebraska (Mr. Mr. MANZULLO. Mr. Chairman, re- processing of the claim as rapidly as TERRY) will be postponed. claiming my time, unless such inter- maybe somebody would request, it may The CHAIRMAN pro tempore. Are vention is published in the Federal raise the obligation to put information there further amendments to section 4? Register. in the record that, frankly, we do not If not, the Clerk will designate sec- Mr. MENENDEZ. Mr. Chairman, if want to have put in the Federal Reg- tion 5. the gentleman will yield, that goes istry. It would not be in America’s best The text of section 5 is as follows: back to our original discussion, that interest. SEC. 5. TRADE AND DEVELOPMENT AGENCY. the very intervention that is going to But why, if that be the case, would (a) PURPOSE.—Section 661(a) of the Foreign be published in the Federal Register al- the gentleman from Nebraska (Mr. Assistance Act of 1961 (22 U.S.C. 2421(a)) is October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9951 amended by inserting before the period at Latin America with the goal of securing tors selected by the ITA. In making such as- the end of the second sentence the following: greater market access for United States ex- sessment, the ITA should consider the com- ‘‘, with special emphasis on economic sectors porters of goods and services; and petitive position of such goods and services with significant United States export poten- (5) report to the Speaker of the House of in similarly developed markets in other tial, such as energy, transportation, tele- Representatives and the President of the countries. Such assessment should specify communications, and environment’’. Senate the results of the efforts to increase the time periods within which such market (b) CONTRIBUTIONS OF COSTS.—Section the sales of United States goods and services access opportunities should reasonably be 661(b) of the Foreign Assistance Act of 1961 in sub-Saharan Africa and Latin America. expected to be obtained. (22 U.S.C. 2421(b)) is amended by adding at (d) REPORTING ON VIOLATIONS OF TRADE (B) CRITERIA FOR MEASURING MARKET AC- the end the following: AGREEMENTS.—The ITA should— CESS.—Objective criteria for measuring the ‘‘(5) CONTRIBUTIONS TO COSTS.—The Trade (1) identify countries and entities, as prac- extent to which those market access oppor- and Development Agency shall, to the max- ticable, that violate commitments under tunities described in subparagraph (A) have imum extent practicable, require corpora- trade agreements with the United States and been obtained. The development of such ob- tions and other entities to— the impact of these violations on specific jective criteria may include the use of in- ‘‘(A) share the costs of feasibility studies sectors of the United States economy; terim objective criteria to measure results and other project planning services funded (2) identify steps taken by the ITA on be- on a periodic basis, as appropriate. under this section; and half of United States companies affected by (C) COMPLIANCE WITH TRADE AGREEMENTS.— ‘‘(B) reimburse the Trade and Development these violations; and An assessment of whether, and to what ex- Agency those funds provided under this sec- (3) publicize, on an annual basis, the infor- tent, the country concerned has materially tion, if the corporation or entity concerned mation gathered under paragraphs (1) and complied with existing trade agreements be- succeeds in project implementation.’’. (2). tween the United States and that country. (c) FUNDING.—Section 661(f) of the Foreign (e) GLOBAL DIVERSITY AND URBAN EXPORT Such assessment should include specific in- Assistance Act of 1961 (22 U.S.C. 2421(f)) is INITIATIVE FOR THE ITA.—The ITA shall un- formation on the extent to which United amended— dertake an initiative entitled the ‘‘Global States suppliers have achieved additional ac- (1) in paragraph (1)(A) by striking Diversity and Urban Export Initiative’’ to cess to the market in the country concerned ‘‘$77,000,000’’ and all that follows through increase exports from minority-owned busi- and the extent to which that country has ‘‘1996’’ and inserting ‘‘$48,000,000 for fiscal nesses, focusing on businesses in under- complied with other commitments under year 2000 and such sums as may be necessary served areas, including inner-city urban such agreements and understandings. for each fiscal year thereafter’’; and areas and urban enterprise zones. The initia- (D) ACTIONS TAKEN BY ITA.—An identifica- (2) in paragraph (2)(A), by striking ‘‘in fis- tive should use electronic commerce tech- tion of steps taken by the ITA on behalf of cal years’’ and all that follows through ‘‘pro- nology and products as another means of United States companies affected by the vides’’ and inserting ‘‘in carrying out its pro- helping urban-based and minority-owned lack of market access in that country. gram, provide, as appropriate, funds’’. businesses export overseas. (2) SELECTION OF COUNTRIES AND SECTORS.— The CHAIRMAN pro tempore. Are (f) STANDARDS ATTACHES.—Subject to the (A) IN GENERAL.—In selecting countries and there amendments to section 5? availability of appropriations, the Inter- sectors that are to be the subject of a report If not, the Clerk will designate sec- national Trade Administration shall take under paragraph (1), the ITA should give pri- tion 6. the necessary steps to increase the number ority to— The text of section 6 is as follows: of standards attaches in the European Union (i) any country with which the United and in developing countries. States has a trade deficit if access to the SEC. 6. PROGRAMS OF THE INTERNATIONAL (g) EXPANSION OF PROGRAMS TO ASSIST TRADE ADMINISTRATION. markets in that country is likely to have SMALL BUSINESSES.—The International significant potential to increase exports of (a) FUNDING.—There are authorized to be Trade Administration shall expand its ef- appropriated to the ITA— United States goods and services; and forts to assist small businesses in exporting (1) for fiscal year 2000, $24,000,000 for its (ii) any country, and sectors therein, in their products and services abroad by using Market Access and Compliance program, which access to the markets will result in electronic commerce technology and other $68,000,000 for its Trade Development pro- significant employment benefits for pro- electronic means— gram, and $202,000,000 for the Commercial ducers of United States goods and services. (1) to communicate with significantly larg- Service program; and The ITA should also give priority to sectors er numbers of small businesses about the as- (2) for each fiscal year thereafter, such which represent critical technologies, in- sistance offered by the ITA to small busi- sums as may be necessary for the programs cluding those identified by the National Crit- nesses in exporting their products and serv- referred to in paragraph (1). ical Technologies Panel under section 603 of ices abroad; and (b) APPOINTMENTS.—Subject to the avail- the National Science and Technology Policy, ability of appropriations, the Secretary of (2) to provide such assistance. Organization, and Priorities Act of 1976 (42 Commerce, acting through the Assistant (h) AUTHORIZATION FOR ADVERTISING.—The U.S.C. 6683). Secretary of Commerce and Director General ITA is authorized to advertise in newspapers, (B) FIRST REPORT.—The first report sub- of the United States and Foreign Commer- business journals, and other relevant publi- mitted under paragraph (1) should include cial Service, shall take steps to ensure that cations and related media to inform busi- those countries with which the United Commercial Service employees are stationed nesses about the services offered by the ITA. States has a substantial portion of its trade in no fewer than 10 sub-Saharan African AMENDMENT NO. 12 OFFERED BY MR. TRAFICANT deficit. countries and 1 full-time Commercial Serv- Mr. TRAFICANT. Mr. Chairman, I (C) TRADE SURPLUS COUNTRIES.—The ITA ice employee is stationed in the Baltic offer an amendment. may include in reports after the first report states, and that the Commercial Service has The CHAIRMAN pro tempore. The such countries as the ITA considers appro- full-time employees in each country in Clerk will designate the amendment. priate with which the United States has a South and Central America and an adequate trade surplus but which are otherwise de- number of employees in the Caribbean to en- The text of the amendment is as fol- scribed in paragraph (1) and subparagraph sure that United States businesses are made lows: (A) of this paragraph. aware of existing market opportunities for Amendment No. 12 offered by Mr. TRAFI- MODIFICATION TO AMENDMENT NO. 12 OFFERED goods and services. CANT: BY MR. TRAFICANT (c) INITIATIVE FOR SUB-SAHARAN AFRICA Page 10, strike line 13 and all that follows Mr. TRAFICANT. Mr. Chairman, I AND LATIN AMERICA.—The Secretary of Com- through line 24 and insert the following: ask unanimous consent that the merce, acting through the Under Secretary (d) REPORTS ON MARKET ACCESS.— amendment be modified with the lan- of Commerce for the International Trade Ad- (1) ANNUAL REPORTS.—Not later than 90 ministration, shall make a special effort to— days after the date of the enactment of this guage at the desk. (1) identify those goods and services of Act, and annually thereafter, the ITA should The CHAIRMAN pro tempore. The United States companies which are not being submit to the Congress, and make available Clerk will report the modification. exported to Latin America and sub-Saharan to the public, a report with respect to those The Clerk read as follows: Africa but which are being exported to coun- countries selected by the ITA in which goods Amendment No. 12, as modified, offered by tries in those regions by competitor nations; or services produced or originating in the Mr. TRAFICANT: (2) identify trade barriers and noncompeti- United States, that would otherwise be com- Page 10, strike line 13 and all that follows tive actions, including violations of intellec- petitive in those countries, do not have mar- through line 24 and insert the following: tual property rights, that are preventing or ket access. Each report should contain the (d) REPORTS ON MARKET ACCESS.— hindering the operation of United States following with respect to each such country: (1) ANNUAL REPORTS.—Not later than companies in sub-Saharan Africa and Latin (A) ASSESSMENT OF POTENTIAL MARKET AC- March 30 days after the date of the enact- America; CESS.—An assessment of the opportunities ment of this Act, and annually thereafter, (3) publish on an annual basis the informa- that would, but for the lack of market ac- the TPCC should submit to the Congress, and tion obtained under paragraphs (1) and (2); cess, be available in the market in that make available to the public, a report with (4) bring such information to the attention country, for goods and services produced or respect to those countries selected by the of authorities in sub-Saharan Africa and originating in the United States in those sec- TPCC in which goods or services produced or H9952 CONGRESSIONAL RECORD — HOUSE October 13, 1999 originating in the United States, that would The CHAIRMAN pro tempore. Is this, and how can we, in fact, make otherwise be competitive in those countries, there objection to the modification of- gains through our export activity once do not have market access. Each report fered by the gentleman from Ohio? we can overcome that market access should contain the following with respect to Mr. MANZULLO. Mr. Chairman, re- problem. each such country: serving the right to object, just a for- (A) ASSESSMENT OF POTENTIAL MARKET AC- So that is the salient point, the dif- CESS.—An assessment of the opportunities mality, I do not have a copy of that ference between the major aspects of that would, but for the lack of market ac- document. I can take a quick look at the bill itself and my perfecting cess, be available in the market in that it, and then I make reference to it. amendment. I would hope that the country, for goods and services produced or Mr. Chairman, under my reservation committee would find favor with it and originating in the United States in those sec- of objection, I yield to the gentleman vote in favor with it. tors selected by the TPCC. In making such from Ohio (Mr. TRAFICANT). Mr. MANZULLO. Mr. Chairman, I assessment, the TPCC should consider the Mr. TRAFICANT. Mr. Chairman, the support the amendment. competitive position of such goods and serv- only change is that in the first part ices in similarly developed markets in other The CHAIRMAN pro tempore. The countries. Such assessment should specify ‘‘Reports on Market Access,’’ I change question is on the amendment, as the time periods within which such market the report requirement from the Inter- modified, offered by the gentleman access opportunities should reasonably be national Trade Administration to the from Ohio (Mr. TRAFICANT). expected to be obtained. Trade Promotion Coordination Com- The amendment, as modified, was (B) CRITERIA FOR MEASURING MARKET AC- mittee to make it more compatible agreed to. CESS.—Objective criteria for measuring the with other duties in similar areas that AMENDMENT NO. 4 OFFERED BY MR. MANZULLO extent to which those market access oppor- are making such reports. Mr. MANZULLO. Mr. Chairman, I tunities described in subparagraph (A) have It follows through as far as the report been obtained. The development of such ob- offer an amendment. jective criteria may include the use of in- is concerned in that regard, and that is The CHAIRMAN pro tempore. The terim objective criteria to measure results the only modification that is made. Clerk will designate the amendment. on a periodic basis, as appropriate. The only other modification is, in the The text of the amendment is as fol- (C) COMPLIANCE WITH TRADE AGREEMENTS.— beginning, ‘‘not later than March 30,’’ lows: An assessment of whether, and to what ex- rather than 90 days. Amendment No. 4 offered by Mr. MAN- tent, the country concerned has materially Mr. MANZULLO. Mr. Chairman, I complied with existing trade agreements be- ZULLO: have a response. I agree to the amend- Page 11, lines 4 and 5, strike ‘‘minority- tween the United States and that country. ment. The problem is that there is an Such assessment should include specific in- owned businesses, focusing on’’ and insert formation on the extent to which United error in the manner in which the ‘‘businesses that, because of their minority States suppliers have achieved additional ac- amendment is being inserted into the ownership, may have been excluded from ex- cess to the market in the country concerned base bill. port trade, and from’’. and the extent to which that country has The CHAIRMAN pro tempore. The Page 11, lines 8 and 9, strike ‘‘urban-based complied with other commitments under gentleman from Illinois reserves the and minority-owned’’ and insert ‘‘such’’. such agreements and understandings. right to object to the modification of Mr. MANZULLO. Mr. Chairman, this (D) ACTIONS TAKEN BY ITA.—An identifica- the amendment, not the underlying is a technical and perfecting amend- tion of steps taken by the USTR and ITA on amendment. The underlying amend- ment to the urban export initiative behalf of United States companies affected ment is not under debate. section for the International Trade Ad- by the lack of market access in that coun- ministration designed to take into ac- try. Mr. MANZULLO. Mr. Chairman, I (2) SELECTION OF COUNTRIES AND SECTORS.— withdraw my reservation of objection count the concerns of the members of (A) IN GENERAL.—In selecting countries and based upon the fact that this is a tech- our committee that there be no auto- sectors that are to be the subject of a report nical error, and I would agree to accept matic presumption of support for all under paragraph (1), the USTR and ITA the amendment of the gentleman from minority-owned businesses under this should give priority to— Ohio (Mr. TRAFICANT). initiative. (i) any country with which the United The CHAIRMAN pro tempore. Is It simply directs the ITA, pursuant States has a trade deficit if access to the there objection to the request of the to this initiative, to increase exports markets in that country is likely to have from those minority-owned businesses significant potential to increase exports of gentleman from Ohio? United States goods and services; and There was no objection. who may have been excluded from ex- (ii) any country, and sectors therein, in The CHAIRMAN pro tempore. The porting. It is my understanding that it which access to the markets will result in amendment is modified. has full support of the minority. significant employment benefits for pro- The gentleman from Ohio (Mr. TRAFI- The CHAIRMAN pro tempore. The ducers of United States goods and services. CANT) is recognized for 5 minutes on question is on the amendment offered The USTR and ITA should also give priority the amendment, as modified. by the gentleman from Illinois (Mr. to sectors which represent critical tech- Mr. TRAFICANT. Mr. Chairman, the MANZULLO). nologies, including those identified by the salient point of the difference between The amendment was agreed to. National Critical Technologies Panel under the committee’s bill and the Traficant Are there further amendments to section 603 of the National Science and Tech- amendment deals with the issue of this section? nology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6683). market access. The Traficant amend- Mr. LATHAM. Mr. Chairman, I move (B) FIRST REPORT.—The first report sub- ment says, in addition to all of the re- to strike the last word. mitted under paragraph (1) should include porting on whether or not a Nation is Mr. Chairman, I had intended today those countries with which the United complying with our trade agreements, to be on the floor in support of the States has a substantial portion of its trade the Traficant amendment also says the amendments by the gentleman from deficit. report must cover the availability of Nebraska (Mr. TERRY). (C) TRADE SURPLUS COUNTRIES.—The TPCC market access and whether or not mar- b may include in reports after the first report ket access is being made available by 1615 such countries as the USTR and ITA con- And the reason being because of a sit- siders appropriate with which the United these countries pursuant to the report States has a trade surplus but which are oth- process. uation we have with OPIC and one of erwise described in paragraph (1) and sub- Second of all, it is to delineate what its customers who has over the past paragraph (A) of this paragraph. are those products and/or other areas several years paid premiums of over $20 of market availability that are being million who has a rightful claim and is Mr. TRAFICANT (during the read- denied to us and what is their impact having a very difficult time collecting. ing). Mr. Chairman, I ask unanimous on jobs. As any business would know, when consent that the amendment be consid- Bottom line is this, not only are we they buy insurance, they expect to ered as read and printed in the RECORD. being denied access, this says tell us have their claims paid on a timely The CHAIRMAN pro tempore. Is who is denying us that access. Do not basis when the facts are laid out. And there objection to the request of the just say they are denying this access, that simply is not the case. gentleman from Ohio? tell us what that access denial really The timeliness of the situation and There was no objection. is, what products are impacted upon by the second Terry amendment having to October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9953 do with concerns that have become I ‘‘(9) establish a set of priorities to promote AMENDMENT OFFERED BY MR. MANZULLO TO think very real, other departments United States exports to, and free market re- AMENDMENT NO. 6 OFFERED BY MR. ROHR- interfering in the situation and for out- forms in, the Middle East, Africa, Latin ABACHER side political reasons it is being held up America, and other emerging markets, that The CHAIRMAN pro tempore. The are designed to stimulate job growth both in as far as the payment of the claim pending business is the demand for a the United States and those regions and recorded vote on the amendment of- itself, there is no question of the valid- emerging markets.’’. ity. But it is a matter of the technical- fered by the gentleman from Illinois The CHAIRMAN pro tempore. Are (Mr. MANZULLO) to amendment No. 6 ities going through the delays in place. there amendments to section 8? As someone who has in the last 5 offered by the gentleman from Cali- If not, the Clerk will designate sec- years always supported OPIC, it is a fornia (Mr. ROHRABACHER) on which tion 9. very great concern to me to see this further proceedings were postponed and The text of section 9 is as follows: happening to what I think is a very im- on which the ayes prevailed by voice portant agency, one that provides an SEC. 9. IMPLEMENTATION OF PRIMARY OBJEC- vote. TIVES. The Clerk will redesignate the outstanding financial potential. But The Trade Promotion Coordinating Com- when we have agencies coming into mittee shall— amendment. play introducing outside political con- (1) report on the actions taken or efforts The Clerk redesignated the amend- sequences to the equation and not currently underway to eliminate the areas of ment. looking at the claim and its validity overlap and duplication identified among RECORDED VOTE itself, it raises great grave concerns as Federal export promotion activities; The CHAIRMAN pro tempore. A re- far as I am concerned. (2) coordinate efforts to sponsor or pro- corded vote has been demanded. I just wanted to make that state- mote any trade show or trade fair; (3) work with all relevant State and na- A recorded vote was ordered. ment. I would support both of the tional organizations, including the National The vote was taken by electronic de- Terry amendments and would oppose Governors’ Association, that have estab- vice, and there were—ayes 379, noes 49, the gutting amendments offered by the lished trade promotion offices; not voting 5, as follows: gentleman from New Jersey (Mr. (4) report on actions taken or efforts cur- [Roll No. 495] rently underway to promote better coordina- MENENDEZ). AYES—379 The CHAIRMAN pro tempore (Mr. tion between State, Federal, and private sec- Ackerman Cooksey Goodling EWING). Are there any other amend- tor export promotion activities, including co-location, cost sharing between Federal, Aderholt Costello Gordon ments to section 6? Allen Coyne Goss State, and private sector export promotion If not, the Clerk will designate sec- Archer Cramer Graham tion 7. programs, and sharing of market research Armey Crane Granger data; and The text of section 7 is as follows: Baird Crowley Green (TX) (5) by not later than March 30, 2000, and an- Baker Cubin Green (WI) SEC. 7. BOARD OF DIRECTORS. nually thereafter, include the matters ad- Baldacci Cummings Greenwood Section 233(b) of the Foreign Assistance dressed in paragraphs (1), (2), (3), and (4) in Baldwin Cunningham Gutierrez Act of 1961 (22 U.S.C. 2193(b)) is amended— the annual report required to be submitted Ballenger Danner Gutknecht (1) by striking the second and third sen- Barcia Davis (FL) Hall (OH) under section 2312(f) of the Export Enhance- Barrett (NE) Davis (IL) Hall (TX) tences; ment Act of 1988 (15 U.S.C. 4727(f)). (2) in the fourth sentence by striking Barrett (WI) Davis (VA) Hansen The CHAIRMAN pro tempore. Are Barton Deal Hastings (FL) ‘‘(other than the President of the Corpora- Bass DeGette Hastings (WA) tion, appointed pursuant to subsection (c) there amendments to section 9? Bateman Delahunt Hayes who shall serve as a Director, ex officio)’’; If not, the Clerk will designate sec- Becerra DeLauro Hefley (3) in the second undesignated paragraph— tion 10. Bentsen DeLay Herger (A) by inserting ‘‘the President of the Cor- The text of section 10 is as follows: Bereuter DeMint Hill (IN) poration, the Administrator of the Agency Berkley Deutsch Hill (MT) SEC. 10. TIMING OF TPCC REPORTS. for International Development, the United Berman Diaz-Balart Hilleary Section 2312(f) of the Export Enhancement Berry Dickey Hilliard States Trade Representative, and’’ after ‘‘in- Act of 1988 (15 U.S.C. 4727(f)) is amended by Biggert Dicks Hinojosa cluding’’; and striking ‘‘September 30, 1995, and annually Bilbray Dingell Hobson (B) by adding at the end the following: thereafter,’’ and inserting ‘‘March 30 of each Bilirakis Dixon Hoeffel ‘‘The United States Trade Representative Bishop Doggett Hoekstra year,’’. may designate a Deputy United States Trade Blagojevich Dooley Holden Representative to serve on the Board in The CHAIRMAN pro tempore. Are Bliley Doolittle Holt place of the United States Trade Representa- there further amendments? Blumenauer Doyle Hooley Blunt Dreier Horn tive.’’; and SEQUENTIAL VOTES POSTPONED IN COMMITTEE Boehlert Dunn Houghton (4) by inserting after the second undesig- OF THE WHOLE Boehner Edwards Hoyer nated paragraph the following: The CHAIRMAN pro tempore. Pursu- Bonilla Ehlers Hulshof ‘‘There shall be a Chairman and a Vice Bonior Ehrlich Hutchinson Chairman of the Board, both of whom shall ant to House Resolution 327, pro- Bono Emerson Hyde be designated by the President of the United ceedings will now resume on those Borski Engel Inslee States from among the Directors of the amendments on which further pro- Boswell English Isakson Board other than those appointed under the Boucher Eshoo Istook ceedings were postponed in the fol- Boyd Etheridge Jackson-Lee second sentence of the first paragraph of this lowing order: The second-degree Brady (PA) Evans (TX) subsection.’’. amendment offered by the gentleman Brady (TX) Everett Jenkins The CHAIRMAN pro tempore. Are from Illinois (Mr. MANZULLO), the un- Brown (FL) Ewing John there amendments to section 7? Bryant Farr Johnson (CT) derlying amendment No. 6 offered by Buyer Fattah Johnson, E. B. If not, the Clerk will designate sec- the gentleman from California (Mr. Callahan Filner Johnson, Sam tion 8. ROHRABACHER), amendment No. 8 of- Calvert Fletcher Jones (OH) The text of section 8 is as follows: fered by the gentleman from South Camp Foley Kanjorski SEC. 8. STRATEGIC EXPORT PLAN. Campbell Forbes Kaptur Carolina (Mr. SANFORD), the second-de- Canady Ford Kelly Section 2312(c) of the Export Enhancement gree amendment offered by the gen- Cannon Fowler Kennedy Act of 1988 (15 U.S.C. 4727(c)) is amended— tleman from New Jersey (Mr. MENEN- Capps Franks (NJ) Kildee (1) by striking ‘‘and’’ at the end of para- Capuano Frelinghuysen Kilpatrick graph (5); DEZ), the underlying amendment No. 10 Cardin Frost Kind (WI) (2) by striking the period at the end of offered by the gentleman from Ne- Carson Gallegly King (NY) paragraph (6) and inserting a semicolon; and braska (Mr. TERRY), the second-degree Castle Ganske Kingston (3) by adding at the end the following: Chabot Gejdenson Kleczka amendment offered by the gentleman Chambliss Gekas Klink ‘‘(7) ensure that all export promotion ac- from New Jersey (Mr. MENENDEZ), the Clay Gephardt Knollenberg tivities of the Agency for International De- underlying amendment No. 11 offered Clayton Gibbons Kolbe velopment are fully coordinated and con- by the gentleman from Nebraska (Mr. Clement Gilchrest Kuykendall sistent with those of other agencies; Clyburn Gillmor LaFalce ‘‘(8) identify means for providing more co- TERRY). Coble Gilman LaHood ordinated and comprehensive export pro- The Chair will reduce to 5 minutes Combest Gonzalez Lampson motion services to, and on behalf of, small the time for any electronic vote after Condit Goode Lantos Cook Goodlatte Largent and medium-sized businesses; and the first vote in this series. H9954 CONGRESSIONAL RECORD — HOUSE October 13, 1999 Larson Oberstar Shows necticut changed their vote from ‘‘no’’ NOES—323 Latham Obey Shuster Ackerman Forbes LaTourette Olver Simpson to ‘‘aye.’’ Mica Aderholt Ford Lazio Ortiz Sisisky So the amendment to the amendment Millender- Allen Fowler Leach Ose Skeen McDonald was agreed to. Archer Frank (MA) Lee Owens Skelton Miller (FL) Baird Franks (NJ) Levin Oxley Smith (TX) The result of the vote was announced Miller, Gary Baker Frelinghuysen Lewis (CA) Packard Smith (WA) as above recorded. Miller, George Baldacci Frost Lewis (GA) Pallone Snyder Minge The CHAIRMAN pro tempore (Mr. Baldwin Gallegly Lewis (KY) Pastor Souder Mink Ballenger Ganske Linder Payne Spence EWING). The question is on the amend- Moakley Barcia Gejdenson Lipinski Pease Spratt ment offered by the gentleman from Mollohan Barrett (NE) Gekas Lofgren Pelosi Stabenow Moore California (Mr. ROHRABACHER), as Barrett (WI) Gephardt Lowey Peterson (PA) Stenholm Moran (KS) Barton Gibbons Lucas (KY) Petri Stump amended. Moran (VA) Bateman Gilchrest Lucas (OK) Phelps Stupak Morella The amendment, as amended, was Becerra Gilman Luther Pickering Sweeney Murtha agreed to. Bentsen Gonzalez Maloney (CT) Pickett Talent Nadler Bereuter Gordon Napolitano Maloney (NY) Pitts Tancredo ANNOUNCEMENT BY THE CHAIRMAN PRO Berkley Granger Manzullo Pombo Tanner Neal TEMPORE Berman Green (TX) Markey Pomeroy Tauscher Nethercutt Berry Green (WI) Martinez Porter Tauzin The CHAIRMAN pro tempore (Mr. Ney Biggert Greenwood Mascara Portman Taylor (NC) EWING). Pursuant to House Resolution Northup Bilbray Gutierrez Matsui Price (NC) Terry Nussle 327, the Chair announces that he will Bishop Hall (OH) McCarthy (MO) Pryce (OH) Thomas Oberstar Blagojevich Hansen McCarthy (NY) Quinn Thompson (CA) reduce to a minimum of 5 minutes the Obey Bliley Hastings (FL) McCollum Rahall Thompson (MS) period of time within which a vote by Olver Blumenauer Hastings (WA) McCrery Ramstad Thornberry Ortiz electronic device will be taken on each Blunt Hill (IN) McDermott Rangel Thune Ose amendment on which the Chair has Boehlert Hill (MT) McGovern Regula Thurman Owens Boehner Hilliard McHugh Reyes Tiahrt postponed further proceedings. Oxley Bonilla Hinojosa McInnis Reynolds Toomey Packard AMENDMENT NO. 8 OFFERED BY MR. SANFORD Bono Hobson McIntyre Riley Traficant Pallone Borski Hoeffel McKeon Rivers Turner The CHAIRMAN pro tempore. The Pastor Boswell Holden McNulty Rodriguez Udall (CO) Payne pending business is the demand for a Boucher Holt Meehan Roemer Udall (NM) Pelosi recorded vote on the amendment of- Boyd Hooley Meek (FL) Rogan Upton Peterson (PA) Brady (PA) Horn Meeks (NY) Rogers Velazquez fered by the gentleman from South Petri Brady (TX) Houghton Phelps Menendez Ros-Lehtinen Visclosky Carolina (Mr. SANFORD) on which fur- Brown (FL) Hoyer Metcalf Rothman Vitter Pickering ther proceedings were postponed and Bryant Hulshof Mica Roukema Walden Pickett Callahan Hutchinson Millender- Roybal-Allard Walsh on which the noes prevailed by voice Pitts Calvert Hyde McDonald Rush Waters vote. Pomeroy Camp Inslee Miller (FL) Ryan (WI) Watkins Porter The Clerk will redesignate the Canady Isakson Miller, Gary Ryun (KS) Watt (NC) Portman Cannon Jackson-Lee Miller, George Sabo Watts (OK) amendment. Price (NC) Capps (TX) Minge Salmon Waxman Pryce (OH) The Clerk redesignated the amend- Capuano John Mink Sanchez Weiner Quinn ment. Cardin Johnson (CT) Moakley Sandlin Weldon (FL) Radanovich Castle Johnson, E. B. Rahall Mollohan Sawyer Weldon (PA) RECORDED VOTE Chambliss Johnson, Sam Moore Saxton Weller Ramstad Clay Jones (OH) Moran (KS) Schaffer Wexler The CHAIRMAN pro tempore. A re- Rangel Clayton Kanjorski Moran (VA) Schakowsky Weygand corded vote has been demanded. Regula Clement Kennedy Morella Scott Whitfield Reyes A recorded vote was ordered. Clyburn Kildee Murtha Sensenbrenner Wicker Reynolds Combest Kilpatrick Napolitano Serrano Wilson The CHAIRMAN pro tempore. This Riley Conyers Kind (WI) Neal Sessions Wise will be a 5-minute vote. Rodriguez Cook King (NY) Nethercutt Shaw Wolf Roemer Cooksey Kleczka Ney Shays Woolsey The vote was taken by electronic de- Rogers Costello Klink Northup Sherman Wu vice, and there were—ayes 104, noes 323, Ros-Lehtinen Coyne Knollenberg Norwood Sherwood Wynn Rothman not voting 6, as follows: Cramer Kolbe Nussle Shimkus Young (FL) Roukema [Roll No. 496] Crowley Kuykendall Roybal-Allard NOES—49 Cummings LaFalce Rush AYES—104 Cunningham LaHood Ryan (WI) Abercrombie Hostettler Sanders Abercrombie Danner Lampson Ryun (KS) Andrews Hunter Sanford Hayes Pombo Andrews Davis (FL) Lantos Sabo Bachus Jackson (IL) Shadegg Hayworth Rivers Armey Davis (IL) Larson Sanchez Barr Jones (NC) Slaughter Hefley Rogan Bachus Davis (VA) LaTourette Sandlin Bartlett Kasich Smith (MI) Herger Rohrabacher Barr Deal Lazio Sawyer Burton Kucinich Smith (NJ) Hilleary Royce Bartlett DeGette Leach Saxton Chenoweth-Hage LoBiondo Stark Hinchey Salmon Bilirakis Delahunt Lee Schakowsky Coburn McIntosh Stearns Hoekstra Sanders Bonior DeLauro Levin Scott Collins McKinney Strickland Hostettler Sanford Burton DeLay Lewis (CA) Sensenbrenner Conyers Myrick Sununu Hunter Schaffer Buyer Deutsch Lewis (GA) Serrano Cox Nadler Taylor (MS) Istook Sessions Campbell Diaz-Balart Lewis (KY) Shaw DeFazio Pascrell Tierney Jackson (IL) Shadegg Carson Dickey Lofgren Sherman Duncan Paul Towns Jenkins Shays Chabot Dicks Lowey Sherwood Fossella Peterson (MN) Vento Jones (NC) Slaughter Chenoweth-Hage Dingell Lucas (KY) Shimkus Frank (MA) Radanovich Wamp Kaptur Smith (MI) Coble Dixon Maloney (CT) Shows Hayworth Rohrabacher Kasich Smith (NJ) Coburn Doggett Maloney (NY) Shuster Hinchey Royce Kelly Spence Collins Kingston Stark Dooley Manzullo Simpson NOT VOTING—5 Condit Kucinich Stearns Doyle Markey Sisisky Cox Largent Strickland Dreier Martinez Skeen Brown (OH) Jefferson Young (AK) Crane Latham Stump Dunn Mascara Skelton Burr Scarborough Cubin Linder Sununu Edwards Matsui Smith (TX) DeFazio Lipinski Tancredo Ehlers McCarthy (MO) Smith (WA) b 1643 DeMint LoBiondo Tauzin Emerson McCarthy (NY) Snyder Doolittle Lucas (OK) Taylor (MS) Engel McCollum Souder Messrs. TOWNS, BURTON of Indiana, Duncan Luther Taylor (NC) English McCrery Spratt SMITH of Michigan, HOSTETTLER, Ehrlich McIntosh Terry Eshoo McDermott Stabenow FRANK of Massachusetts, BACHUS, Fossella McIntyre Thompson (MS) Etheridge McGovern Stenholm Gillmor McKinney Thune Evans McHugh Stupak FOSSELLA, RADANOVICH, TAYLOR Goode Meehan Tierney Everett McInnis Sweeney of Mississippi, Ms. MCKINNEY, Ms. Goodlatte Myrick Toomey Ewing McKeon Talent SLAUGHTER, and Mr. HINCHEY Goodling Norwood Visclosky Farr McNulty Tanner changed their vote from ‘‘aye’’ to ‘‘no.’’ Goss Pascrell Wamp Fattah Meek (FL) Tauscher Graham Paul Watkins Filner Meeks (NY) Thomas Messrs. SHAYS, POMBO, YOUNG of Gutknecht Pease Watts (OK) Fletcher Menendez Thompson (CA) Florida, and Mrs. JOHNSON of Con- Hall (TX) Peterson (MN) Foley Metcalf Thornberry October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9955 Thurman Walden Whitfield Hutchinson Meek (FL) Sandlin Shuster Tancredo Wamp Tiahrt Walsh Wicker Inslee Meeks (NY) Sawyer Simpson Tauzin Watkins Towns Waters Wilson Istook Menendez Schakowsky Skeen Terry Weldon (FL) Traficant Watt (NC) Wise Jackson (IL) Metcalf Scott Smith (MI) Thomas Weldon (PA) Turner Waxman Wolf Jackson-Lee Mica Serrano Smith (TX) Thornberry Weller Udall (CO) Weiner Woolsey (TX) Millender- Shays Spence Thune Wicker Udall (NM) Weldon (FL) Wu Jenkins McDonald Sherman Stearns Tiahrt Wilson Upton Weldon (PA) Wynn Johnson (CT) Miller, George Shimkus Stenholm Toomey Wolf Vela´ zquez Weller Young (FL) Johnson, E. B. Minge Shows Stump Traficant Young (FL) Vento Wexler Jones (NC) Mink Sisisky Sununu Vitter Vitter Weygand Jones (OH) Moakley Skelton Sweeney Walsh Kanjorski Mollohan Slaughter NOT VOTING—6 Kaptur Moore Smith (NJ) NOT VOTING—5 Bass Burr Scarborough Kelly Morella Smith (WA) Brown (OH) Jefferson Young (AK) Brown (OH) Jefferson Young (AK) Kennedy Murtha Snyder Burr Scarborough Kildee Nadler Souder b 1652 Kilpatrick Napolitano Spratt b 1701 Kind (WI) Neal Stabenow Mr. FOSSELLA and Mr. HALL of Kleczka Ney Stark Messrs. DUNCAN, KASICH, Texas changed their vote from ‘‘no’’ to Klink Oberstar Strickland MCINNIS, Mrs. NORTHUP, Mr. WAMP ‘‘aye.’’ Kucinich Obey Stupak and Mr. BRYANT changed their vote Kuykendall Olver Talent So the amendment was rejected. LaFalce Ortiz Tanner from ‘‘aye’’ to ‘‘no.’’ The result of the vote was announced LaHood Owens Tauscher Mr. PALLONE, Ms. ROS-LEHTINEN as above recorded. Lampson Pallone Taylor (MS) and Mrs. MORELLA changed their vote Lantos Pastor Taylor (NC) from ‘‘no’’ to ‘‘aye.’’ AMENDMENT OFFERED BY MR. MENENDEZ TO Larson Paul Thompson (CA) AMENDMENT NO. 10, AS MODIFIED, OFFERED BY Lee Payne Thompson (MS) So the amendment to the amend- MR. TERRY Levin Pease Thurman ment, as modified, was agreed to. The CHAIRMAN pro tempore (Mr. Lewis (GA) Pelosi Tierney The result of the vote was announced Lewis (KY) Peterson (PA) Towns EWING). The pending business is the de- LoBiondo Phelps Turner as above recorded. mand for a recorded vote on the Lofgren Pickett Udall (CO) AMENDMENT NO. 10 OFFERED BY MR. TERRY, AS amendment offered by the gentleman Lowey Pombo Udall (NM) MODIFIED, AS AMENDED Lucas (KY) Pomeroy Upton from New Jersey (Mr. MENENDEZ) to Luther Price (NC) Vela´ zquez The CHAIRMAN pro tempore. The the amendment offered by the gen- Maloney (CT) Rahall Vento question is on the amendment offered tleman from Nebraska (Mr. TERRY), as Maloney (NY) Ramstad Visclosky by the gentleman from Nebraska (Mr. Markey Rangel Walden modified, on which further proceedings TERRY), as modified, as amended. Martinez Reyes Waters were postponed and on which the noes Mascara Rivers Watt (NC) The amendment, as modified, as prevailed by a voice vote. Matsui Rodriguez Watts (OK) amended, was agreed to. McCarthy (MO) Roemer Waxman The Clerk will redesignate the AMENDMENT OFFERED BY MR. MENENDEZ TO McCarthy (NY) Rogers Weiner amendment to the amendment, as McCollum Ros-Lehtinen Wexler AMENDMENT NO. 11 OFFERED BY MR. TERRY modified. McDermott Rothman Weygand The CHAIRMAN pro tempore. The The Clerk redesignated the amend- McGovern Roybal-Allard Whitfield pending business is the demand for a ment to the amendment, as modified. McHugh Rush Wise McIntyre Sabo Woolsey recorded vote on the amendment of- RECORDED VOTE McNulty Sanchez Wu fered by the gentleman from New Jer- The CHAIRMAN pro tempore. A re- Meehan Sanders Wynn sey (Mr. MENENDEZ) to the amendment No. 11 offered by the gentleman from corded vote has been demanded. NOES—169 A recorded vote was ordered. Nebraska (Mr. TERRY) on which further Aderholt Fletcher Manzullo proceedings were postponed and on The CHAIRMAN pro tempore. This is Andrews Foley McCrery a 5-minute vote. Archer Fossella McInnis which the noes prevailed by voice vote. The vote was taken by electronic de- Armey Franks (NJ) McIntosh The Clerk will redesignate the vice, and there were—ayes 259, noes 169, Bachus Frelinghuysen McKeon amendment. Baker Gallegly McKinney not voting 5, as follows: Ballenger Ganske Miller (FL) The Clerk redesignated the amend- [Roll No. 497] Barrett (NE) Gekas Miller, Gary ment. Bartlett Gibbons Moran (KS) RECORDED VOTE AYES—259 Barton Gillmor Moran (VA) Abercrombie Carson Etheridge Bateman Gilman Myrick The CHAIRMAN pro tempore. A re- Ackerman Clay Evans Bereuter Goode Nethercutt corded vote has been demanded. Allen Clayton Farr Bilbray Goodlatte Northup A recorded vote was ordered. Baird Clement Fattah Bilirakis Goss Norwood Baldacci Clyburn Filner Bliley Green (WI) Nussle This will be a 5-minute vote. Baldwin Coble Forbes Boehner Greenwood Ose The vote was taken by electronic de- Barcia Coburn Ford Boswell Gutknecht Oxley vice, and there were—ayes 253, noes 173, Barr Conyers Fowler Brady (TX) Hall (TX) Packard not voting 7, as follows: Barrett (WI) Costello Frank (MA) Bryant Hansen Pascrell Bass Coyne Frost Callahan Hastings (WA) Peterson (MN) [Roll No. 498] Becerra Cramer Gejdenson Calvert Hayes Petri AYES—253 Bentsen Crane Gephardt Camp Hayworth Pickering Berkley Crowley Gilchrest Campbell Herger Pitts Abercrombie Boyd Davis (IL) Berman Cubin Gonzalez Castle Hilleary Porter Ackerman Brady (PA) DeFazio Berry Cummings Goodling Chabot Hoekstra Portman Allen Brown (FL) DeGette Biggert Danner Gordon Chambliss Horn Pryce (OH) Baird Burton Delahunt Bishop Davis (FL) Graham Chenoweth-Hage Houghton Quinn Baldacci Buyer DeLauro Blagojevich Davis (IL) Granger Collins Hulshof Radanovich Baldwin Callahan Deutsch Blumenauer DeFazio Green (TX) Combest Hyde Regula Barcia Capps Diaz-Balart Blunt DeGette Gutierrez Condit Isakson Reynolds Barrett (WI) Capuano Dicks Boehlert Delahunt Hall (OH) Cook John Riley Bass Cardin Dingell Bonilla DeLauro Hastings (FL) Cooksey Johnson, Sam Rogan Becerra Carson Dixon Bonior Deutsch Hefley Cox Kasich Rohrabacher Bentsen Clay Doggett Bono Diaz-Balart Hill (IN) Cunningham King (NY) Roukema Berkley Clayton Dooley Borski Dicks Hill (MT) Davis (VA) Kingston Royce Berman Clement Doyle Boucher Dingell Hilliard Deal Knollenberg Ryan (WI) Berry Clyburn Dunn Boyd Dixon Hinchey DeLay Kolbe Ryun (KS) Biggert Coburn Edwards Brady (PA) Doggett Hinojosa DeMint Largent Salmon Bilbray Conyers Ehlers Brown (FL) Dooley Hobson Dickey Latham Sanford Bishop Costello Engel Burton Doolittle Hoeffel Dreier LaTourette Saxton Blagojevich Coyne Eshoo Buyer Doyle Holden Duncan Lazio Schaffer Blumenauer Cramer Etheridge Canady Dunn Holt Ehrlich Leach Sensenbrenner Bonior Crane Evans Cannon Edwards Hooley Emerson Lewis (CA) Sessions Bono Crowley Farr Capps Ehlers Hostettler English Linder Shadegg Borski Cummings Fattah Capuano Engel Hoyer Everett Lipinski Shaw Boswell Danner Filner Cardin Eshoo Hunter Ewing Lucas (OK) Sherwood Boucher Davis (FL) Fletcher H9956 CONGRESSIONAL RECORD — HOUSE October 13, 1999 Foley Levin Rangel Norwood Ryun (KS) Tancredo The question was taken; and the Forbes Lewis (GA) Reyes Nussle Salmon Tauzin Ford Lewis (KY) Rivers Ose Sanford Taylor (NC) Speaker pro tempore announced that Fowler LoBiondo Rodriguez Packard Saxton Terry the ayes appeared to have it. Franks (NJ) Lofgren Roemer Pascrell Schaffer Thomas RECORDED VOTE Frelinghuysen Lowey Rogers Pease Sensenbrenner Thornberry Frost Lucas (KY) Ros-Lehtinen Peterson (MN) Sessions Thune Mr. MANZULLO. Mr. Speaker, I de- Gallegly Luther Rothman Petri Shadegg Tiahrt mand a recorded vote. Gejdenson Maloney (CT) Roybal-Allard Pickering Shaw Toomey A recorded vote was ordered. Gekas Maloney (NY) Rush Pitts Sherwood Traficant The vote was taken by electronic de- Gephardt Markey Sabo Pombo Shows Vitter Gonzalez Martinez Sanchez Porter Shuster Walden vice, and there were—ayes 357, noes 71, Goodling Mascara Sanders Pryce (OH) Simpson Wamp not voting 5, as follows: Sandlin Quinn Skeen Watkins Gordon Matsui [Roll No. 499] Graham McCarthy (MO) Sawyer Regula Smith (MI) Watts (OK) Granger McCarthy (NY) Schakowsky Reynolds Smith (TX) Weldon (FL) AYES—357 Scott Riley Spence Green (TX) McDermott Weldon (PA) Abercrombie Doggett Kelly Serrano Rogan Stenholm Greenwood McGovern Weller Ackerman Dooley Kennedy Shays Rohrabacher Stump Gutierrez McIntyre Wicker Aderholt Doyle Kildee Sherman Roukema Sununu Hall (OH) McKinney Wilson Allen Dreier Kilpatrick Shimkus Royce Sweeney Hall (TX) McNulty Wolf Archer Dunn Kind (WI) Sisisky Ryan (WI) Talent Hastings (FL) Meehan Baird Edwards King (NY) Skelton Hill (IN) Meek (FL) Baker Ehlers Kleczka Slaughter NOT VOTING—7 Hill (MT) Meeks (NY) Baldacci Emerson Klink Smith (NJ) Hilliard Menendez Brown (OH) Radanovich Young (AK) Baldwin Engel Knollenberg Smith (WA) Hinchey Metcalf Burr Scarborough Ballenger English Kolbe Snyder Hinojosa Mica Jefferson Whitfield Barcia Eshoo Kuykendall Souder Hobson Millender- Barrett (NE) Etheridge LaFalce Spratt b 1711 Hoeffel McDonald Barton Evans LaHood Stabenow Holden Miller, George Mr. VITTER and Mr. EVERETT Bass Everett Lampson Stark Holt Minge Bateman Ewing Lantos Stearns changed their vote from ‘‘aye’’ to ‘‘no.’’ Hooley Mink Becerra Farr Largent Strickland So the amendment to the amendment Houghton Moakley Bentsen Fattah Larson Stupak Hoyer Mollohan was agreed to. Bereuter Filner Latham Tanner Inslee Moore The result of the vote was announced Berkley Fletcher LaTourette Tauscher Jackson (IL) Moran (VA) Berman Foley Lazio Taylor (MS) as above recorded. Jackson-Lee Morella Berry Forbes Leach Thompson (CA) AMENDMENT NO. 11, AS AMENDED, OFFERED BY (TX) Murtha Biggert Ford Lee Thompson (MS) Johnson (CT) Nadler MR. TERRY Bilbray Fossella Levin Thurman Johnson, E. B. Napolitano The CHAIRMAN pro tempore (Mr. Bilirakis Fowler Lewis (CA) Tierney Jones (NC) Neal Bishop Frank (MA) Lewis (GA) Towns EWING). The question is on the amend- Jones (OH) Northup Blagojevich Franks (NJ) Lewis (KY) Turner ment offered by the gentleman from Kanjorski Oberstar Bliley Frelinghuysen Linder Udall (CO) Kaptur Obey Nebraska (Mr. TERRY), as amended. Blumenauer Frost Lofgren Udall (NM) Kelly Olver The amendment, as amended, was Blunt Gallegly Lowey Upton Kennedy Ortiz Boehlert Ganske Lucas (KY) Vela´ zquez agreed to. Kildee Owens Boehner Gejdenson Lucas (OK) Vento The CHAIRMAN pro tempore. The Kilpatrick Oxley Bonilla Gekas Luther Visclosky Kind (WI) Pallone question is on the committee amend- Bonior Gephardt Maloney (CT) Walsh Kleczka Pastor ment in the nature of a substitute, as Bono Gibbons Maloney (NY) Waters Klink Paul Borski Gilchrest Manzullo Watt (NC) amended. Kolbe Payne Boswell Gillmor Markey Waxman The committee amendment in the Kucinich Pelosi Boucher Gilman Martinez Weiner Kuykendall Peterson (PA) nature of a substitute, as amended, was Boyd Gonzalez Mascara Wexler LaFalce Phelps agreed to. Brady (PA) Goodlatte Matsui Weygand LaHood Pickett Brady (TX) Goodling McCarthy (MO) Wise The CHAIRMAN pro tempore. Under Lampson Pomeroy Brown (FL) Gordon McCarthy (NY) Woolsey Lantos Portman the rule, the Committee rises. Bryant Goss McCollum Wu Larson Price (NC) Accordingly, the Committee rose; Callahan Graham McCrery Wynn LaTourette Rahall and the Speaker pro tempore (Mr. Calvert Granger McDermott Lee Ramstad Young (FL) PEASE) having assumed the chair, Mr. Camp Green (TX) McGovern Canady Green (WI) McHugh NOES—173 EWING, Chairman pro tempore of the Cannon Greenwood McKeon Aderholt Cox Horn Committee of the Whole House on the Capps Gutierrez McNulty Andrews Cubin Hostettler State of the Union, reported that that Capuano Gutknecht Meehan Archer Cunningham Hulshof Committee, having had under consider- Cardin Hall (OH) Meek (FL) Carson Hall (TX) Meeks (NY) Armey Davis (VA) Hunter ation the bill (H.R. 1993) to reauthorize Bachus Deal Hutchinson Castle Hansen Menendez Baker DeLay Hyde the Overseas Private Investment Cor- Chambliss Hastings (FL) Metcalf Ballenger DeMint Isakson poration and the Trade and Develop- Clay Hastings (WA) Mica Barr Dickey Istook ment Agency, and for other purposes, Clayton Herger Millender- Barrett (NE) Doolittle Jenkins Clement Hill (IN) McDonald Bartlett Dreier John pursuant to House Resolution 327, he Clyburn Hill (MT) Miller, Gary Barton Duncan Johnson, Sam reported the bill back to the House Collins Hilliard Miller, George Bateman Ehrlich Kasich with an amendment adopted by the Combest Hinchey Minge Cook Hinojosa Mink Bereuter Emerson King (NY) Committee of the Whole. Bilirakis English Kingston Cooksey Hobson Moakley Bliley Everett Knollenberg The SPEAKER pro tempore (Mr. Costello Hoeffel Mollohan Blunt Ewing Largent EWING). Under the rule, the previous Coyne Holden Moore Boehlert Fossella Latham question is ordered. Cramer Holt Moran (KS) Crowley Hooley Moran (VA) Boehner Frank (MA) Lazio Is a separate vote demanded on any Bonilla Ganske Leach Cubin Horn Morella Brady (TX) Gibbons Lewis (CA) amendment to the committee amend- Cummings Houghton Murtha Bryant Gilchrest Linder ment in the nature of a substitute Cunningham Hoyer Nadler Calvert Gillmor Lipinski adopted by the Committee of the Danner Hulshof Napolitano Camp Gilman Lucas (OK) Davis (FL) Hunter Neal Campbell Goode Manzullo Whole? If not, the question is on the Davis (IL) Hutchinson Nethercutt Canady Goodlatte McCollum amendment. Davis (VA) Hyde Ney Cannon Goss McCrery The amendment was agreed to. Deal Inslee Northup Castle Green (WI) McHugh The SPEAKER pro tempore. The DeGette Isakson Norwood Delahunt Jackson-Lee Nussle Chabot Gutknecht McInnis question is on the engrossment and Chambliss Hansen McIntosh DeLauro (TX) Oberstar Chenoweth-Hage Hastings (WA) McKeon third reading of the bill. DeLay Jenkins Obey Coble Hayes Miller (FL) The bill was ordered to be engrossed Deutsch John Olver Collins Hayworth Miller, Gary and read a third time, and was read the Diaz-Balart Johnson (CT) Ortiz Dickey Johnson, E. B. Ose Combest Hefley Moran (KS) third time. Condit Herger Myrick Dicks Johnson, Sam Owens Cook Hilleary Nethercutt The SPEAKER pro tempore. The Dingell Jones (OH) Oxley Cooksey Hoekstra Ney question is on passage of the bill. Dixon Kanjorski Packard October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9957 Pallone Saxton Thompson (MS) AUTHORIZING THE CLERK TO Middle East; we have been to Africa; Pastor Schakowsky Thornberry Payne Scott Thune MAKE CORRECTIONS IN THE EN- we have been to Europe, and we were Pelosi Serrano Thurman GROSSMENT OF H.R. 1993, EX- all fascinated that no matter what mis- Peterson (PA) Sessions Tiahrt PORT ENHANCEMENT ACT OF sion we were on for the United States Phelps Shaw Towns 1999 Congress, how blessed and how glad we Pickering Shays Traficant Pickett Sherman Turner Mr. CHABOT. Mr. Speaker, I ask were to get back to these great United Pitts Sherwood Udall (CO) unanimous consent that in the engross- States to see how it has been God’s will Pomeroy Shimkus Udall (NM) ment of the bill, H.R. 1993, the Clerk be for over 200 years that people from all Porter Shows Upton of these countries that for whatever Portman Shuster Vela´ zquez authorized to correct section numbers, Price (NC) Simpson Vento cross references, punctuation, and in- reason found themselves here seeking a Pryce (OH) Sisisky Visclosky dentation, and to make any other tech- better way of life. Quinn Skeen Vitter With all of the holidays that we have nical and conforming change necessary Radanovich Skelton Walden had, Frank Guarini who now has re- Rahall Slaughter Walsh to reflect the actions of the House. tired and chairs the Italian American Ramstad Smith (NJ) Waters The SPEAKER pro tempore. Is there Rangel Smith (TX) Watkins Foundation had put together some 30 Regula Smith (WA) Watt (NC) objection to the request of the gen- organizations of different backgrounds Reyes Snyder Waxman tleman from Ohio? and different cultures with different Reynolds Souder Weiner There was no objection. Riley Spence Weldon (FL) languages and has made it abundantly Rivers Spratt Weldon (PA) f clear that if it were not for these peo- Rodriguez Stabenow Weller ple we would not have the great coun- Roemer Stenholm Wexler CELEBRATING ONE AMERICA Rogers Stump Weygand try we have today. Ros-Lehtinen Stupak Whitfield Mr. CHABOT. Mr. Speaker, I ask So I want to thank the gentleman Rothman Sweeney Wicker unanimous consent that the Com- from New York (Mr. GILMAN) for the Roukema Talent Wilson mittee on the Judiciary be discharged great role that he has played over the Roybal-Allard Tanner Wise Rush Tauscher Wolf from further consideration of the con- years in bringing people together, but Ryan (WI) Tauzin Woolsey current resolution (H. Con. Res. 141), most importantly on making certain Sabo Taylor (MS) Wu Celebrating One America, and ask for that we could fashion something that Sanchez Terry Wynn its immediate consideration in the expresses not my feelings or the feel- Sandlin Thomas Young (FL) Sawyer Thompson (CA) House. ings of the gentleman from New York The Clerk read the title of the con- (Mr. GILMAN) but the feelings of most NOES—71 current resolution. Americans and certainly the represent- Andrews Hayworth Petri The SPEAKER pro tempore. Is there atives in the House Armey Hefley Pombo objection to the request of the gen- Mr. GILMAN. Mr. Speaker, will the Bachus Hilleary Rogan tleman from Ohio? gentleman yield? Barr Hoekstra Rohrabacher Mr. RANGEL. I yield to the gen- Barrett (WI) Hostettler Royce Mr. RANGEL. Mr. Speaker, reserving Bartlett Istook Ryun (KS) the right to object, I yield to the gen- tleman from New York. Burton Jackson (IL) Salmon tleman from Ohio (Mr. CHABOT) to Mr. GILMAN. Mr. Speaker, I thank Buyer Jones (NC) Sanders the distinguished gentleman from New Campbell Kaptur Sanford please explain this resolution. York (Mr. RANGEL) for his kind words Chabot Kasich Schaffer Mr. CHABOT. Mr. Speaker, will the Chenoweth-Hage Kingston Sensenbrenner gentleman yield? and eloquent words in support of this Coble Kucinich Shadegg important measure, and I am pleased Coburn Lipinski Smith (MI) Mr. RANGEL. I yield to the gen- tleman from Ohio. to have worked with him on this meas- Condit LoBiondo Stark ure. I have been pleased to travel with Conyers McInnis Stearns Mr. CHABOT. Mr. Speaker, H. Con. Cox McIntosh Strickland Res. 141 was introduced by my col- him to many nations where we have Crane McIntyre Sununu league, the distinguished gentleman, found sometimes prejudice and intoler- DeFazio McKinney Tancredo ance and have found authoritarian gov- DeMint Miller (FL) Taylor (NC) very distinguished gentleman from ernments and, yes, when we returned Doolittle Myrick Tierney New York (Mr. RANGEL). This resolu- to our Nation how grateful we were Duncan Pascrell Toomey tion expresses the sense of Congress Ehrlich Paul Wamp that we enjoy the freedoms that we that all people in the United States Goode Pease Watts (OK) have here. Hayes Peterson (MN) should reach out across our differences Mr. Speaker, I would like to take the and ethnicity, race and religion, to re- opportunity to commend the gen- NOT VOTING—5 spect each other and to celebrate in tleman from New York (Mr. RANGEL), Brown (OH) Jefferson Young (AK) friendship and unity one America. Burr Scarborough for sponsoring and bringing to us on I would like to thank the gentleman the floor tonight H. Con. Res. 141. I also from New York (Mr. RANGEL) for intro- b 1730 thank the gentleman from Ohio (Mr. ducing this commendable piece of leg- CHABOT) for his support on the Com- So the bill was passed. islation. mittee on the Judiciary. Mr. RANGEL. Continuing to reserve Furthermore, I want to thank all of The result of the vote was announced my right to object, I would like to our colleagues who have joined to- as above recorded. thank the gentleman from Ohio (Mr. gether to support this measure and to A motion to reconsider was laid on CHABOT) for his unanimous consent re- make a strong statement on behalf of the table. quest and at the same time thank the every American in working to build gentleman from Illinois (Mr. HYDE), one America. Yes, a gentleman who has f and the ranking member, the gen- been working in the background, a tleman from Michigan (Mr. CONYERS); former Member of Congress, Frank our majority and minority leaders, the GENERAL LEAVE Guarini, has appealed to us to urge this gentleman from Texas (Mr. ARMEY) and measure to show our strong support for Mr. CHABOT. Mr. Speaker, I ask the gentleman from Missouri (Mr. GEP- one nation, a one American nation. unanimous consent that all Members HARDT), and also to have the resolution Mr. Speaker, the history of our Na- may have 5 legislative days within amended to make certain that it in- tion is the history of people through- which to revise and extend their re- cludes the Pacific Islanders with the out the world. A nation of immigrants, marks and include extraneous material Asians. our Nation represents a diversity of on H.R. 1993, the bill just passed. I also, in furthering my reservation, culture, of religion, of ethnicity and would like to point out for many years race from every corner of the globe. The SPEAKER pro tempore (Mr. my brother, the gentleman from New From Andrew Carnegie to Albert Ein- EASE P ). Is there objection to the re- York (Mr. GILMAN), and former Con- stein, immigrants have provided our quest of the gentleman from Ohio? gressman Frank Guarini have gone Nation with an incredible wealth of en- There was no objection. around the world. We have been to the ergy, knowledge and creativity. Their H9958 CONGRESSIONAL RECORD — HOUSE October 13, 1999 stories are the American experience, erty, and the pursuit of happiness for all its minute and to revise and extend his re- and they send a message to the world citizens; marks and include extraneous mate- that this Nation is one which welcomes Whereas the United States endured a civil rial.) war for emancipation, and in doing so, diversity, offers hope and provides op- formed a permanent union and a society of Mr. WOLF. Mr. Speaker, I want to portunity. equals; call to the attention of my colleagues Although our history on occasion has Whereas the United States has outlawed today’s headlines: Alabama Rejects the been tainted with prejudice and big- racial, ethnic, and religious bigotry to create Plan for a Lottery, AP. Fifty-four per- otry, our Nation is committed to de- the world’s greatest multicultural society; cent of the voters in Alabama rejected feating ignorance, intolerance and pur- Whereas the United States respects the in- a State-sponsored lottery yesterday. dividual and welcomes each one’s participa- suing the high ideal that all men and tion in our democratic society; The Crimson Tide has rejected a lot- women are created equal. However, Whereas the United States is the pre- tery in their State, and perhaps this is from the tragic shootings at the Jewish eminent land of opportunity which rewards a shift that will change the tide of Center in Los Angeles to the questions hard work, ingenuity, and perseverance; gambling in America. concerning the death of Matthew Whereas the ethnic diversity of the United According to news reports, the tide is Shepard over the past few months, the States has provided an abundance of energy, expected to wash over South Carolina, creativity, and prosperity; citizens of our Nation have all too Whereas people in the United States recog- where a referendum to ban video poker often seen the face of bigotry, intoler- nize and reward the contributions of mem- is expected to also pass. ance and hate. bers from every group; I want to congratulate the people of Accordingly, it is important that we Whereas people in the United States are Alabama for standing up and voting remind those who view the world with working to close opportunity gaps so that all against State-sponsored gambling, and prejudice that our Nation will not suc- may share in the great prosperity of our Na- I hope others around the country will tion; cumb to ignorance, will not succumb to Whereas people in the United States of all take note of what has occurred at the bigotry, that our diversity is our great- backgrounds have sacrificed their lives in ballot box. est strength. Accordingly, we stand war to defend the cause of freedom for people Mr. Speaker, I would like to, at this today to celebrate our Nation’s diver- around the world; and point, submit this material for the sity and we recognize the need to con- Whereas people in the United States of Af- record. tinue to reach across racial, ethnic and rican, Asian, European, Latin American, Middle Eastern, and Native American back- MONTGOMERY, AL. (AP)—Gov. Don cultural lines to come together and grounds cherish and celebrate their various Siegelman, who lobbied long and hard for a build a unified nation. America is one, national, ethnic, and religious heritages: state lottery to help fund education, watched and I urge my colleagues to support Now, therefore, be it the measure collapse in defeat at the hands this measure. Resolved by the House of Representatives (the of voters unwilling to cross their ministers. Mr. RANGEL. Mr. Speaker, I con- Senate concurring), That it is the sense of the With 98 percent of precincts reporting, Congress that all people in the United States 663,988 people, or 54 percent, opposed the lot- tinue my reservation only to thank, tery referendum Tuesday, and 559,377 people, again, the gentleman from Ohio (Mr. should reach out across our differences in ethnicity, race, and religion to respect each or 46 percent, supported it. Turnout was esti- CHABOT) for facilitating this through other and to celebrate, in friendship and mated at 50 percent. the great Committee on the Judiciary unity, one America. The proposal—a constitutional amendment and to tell my friends and colleagues The concurrent resolution was agreed to allow gambling—had once enjoyed a 20- that they can join with the close to 70 point lead in the polls but came under in- to. creasing fire from church groups who said it Members of the House tomorrow, A motion to reconsider was laid on Thursday, as we meet in Statutory would exploit the poor. the table. Other opponents also claimed that a recent Hall at 10:00 on October 14, where we f traffic ticket-fixing scandal showed that the can really say God bless America and Democratic governor’s administration could the wonderful people that make this ANNOUNCEMENT OF INTENTION TO not be trusted to oversee gambling in the country as great as it is. OFFER MOTION TO INSTRUCT state. Mr. Speaker, I withdraw my reserva- CONFEREES ON H.R. 2670, DE- Alabama joins Arkansas, Oklahoma and tion of objection. PARTMENTS OF COMMERCE, North Dakota as states that have rejected The SPEAKER pro tempore. Is there JUSTICE, AND STATE, THE JUDI- lotteries at the ballot box. Thirty-seven objection to the request of the gen- CIARY, AND RELATED AGENCIES states and the District of Columbia have ap- tleman from Ohio? APPROPRIATIONS ACT, 2000 proved them. The loss was a stinging blow to Siegelman, Mr. MCNULTY. Mr. Speaker, reserv- Mr. TANCREDO. Mr. Speaker, pursu- who had made the referendum’s passage a ing the right to object and, of course, I ant to clause 7c of rule XXII, I hereby cornerstone of his 1998 election victory over will not object, Mr. Speaker, but I have announce my intention to offer a mo- Republican Fob James. listened to the colloquies that have tion to instruct conferees tomorrow on ‘‘In my inaugural address, I said that we been going on and I just want to say H.R. 2670, the Commerce/Justice/State would dare mighty things. I said that we that if there are any two people in this appropriations bill. would try new things and if they didn’t work body who represent the ideals that all Mr. Speaker, the form of the motion we would try something else,’’ Siegelman Americans hold dear, they are the gen- is as follows: said after the votes were counted. He said the results ‘‘only serve to motivate tleman from New York (Mr. GILMAN) Mr. TANCREDO moves that the managers on me and to energize me in our fight and our and the gentleman from New York (Mr. the part of the House at the conference on quest to change education in this state for- RANGEL), and I rise in strong support of the disagreeing votes of the two Houses on ever.’’ this legislation. the Senate amendment to the bill, H.R. 2670, Along with the lottery proposal, two other Mr. Speaker, I withdraw my reserva- be instructed to agree, to the extent within proposed constitutional amendments were on the scope of the conference, to provisions the ballot, and voters in Birmingham and tion of objection. that, one, reduce nonessential spending in The SPEAKER pro tempore. Is there Montgomery chose candidates for mayor and programs authorized within the Departments city council members. objection to the request of the gen- of Commerce, Justice and State, the Judici- tleman from Ohio? In Birmingham, Alabama’s largest city, in- ary and other related agencies; and, two, re- terim Mayor William Bell led a 14-way race There was no objection. duce spending on international organiza- for the mayorship but was forced into a Nov. tions, in particular, in order to honor the The Clerk read the concurrent reso- 2 runoff against City Councilman Bernard commitment of the Congress to protect So- lution, as follows: Kincaid. cial Security; and, three, do not increase H. CON. RES. 141 In Montgomery, conservative Mayor overall spending to a level that exceeds the Emory Folmar led six opponents in his bid Whereas the United States is a nation of higher of the House bill or the Senate for a seventh term but was forced into a run- immigrants, whose 270,000,000 inhabitants amendment. hail from every corner of the globe; off against Bobby Bright, a lawyer backed by Whereas from Ellis Island to the Pacific f organized labor. coast, the United States has welcomed immi- ALABAMA REJECTS PLAN FOR A Siegelman had promised that the lottery grants seeking freedom and opportunity; LOTTERY would generate at least $150 million annually Whereas the United States democratic sys- to fund college scholarships, a pre-kinder- tem of government mandates equal protec- (Mr. WOLF asked and was given per- garten program and computer technology in tion under the law and the right to life, lib- mission to address the House for 1 schools. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9959 ‘‘He has put everything on this,’’ said Au- my religion was the cornerstone of my pede by foreign investors from Amer- burn University at Montgomery political an- life. It still is today. In fact, my church ican stocks and bonds, which could ter- alyst Brad Moody. ‘‘He has made it the cen- is more to me than a place I visit on minate the U.S. expansion and desta- terpiece of his campaign and the centerpiece Sunday. It is my home. It is a family bilize the world economy.’’ of his first year in office. He has thrown all According to the Post, ‘‘The problem his political capital away.’’ gathering place and it is a real part of Sheila Bird was among those who voted the community I represent. starts with the U.S. trade deficit . . . against the lottery even though her 2-year- My Republican colleagues would have as the booming U.S. economy sucks in old daughter Amanda could have one day people believe that Democrats are anti- massive amounts of imports, and benefited from the plan. faith. This is a lie. Democrats believe slumping overseas markets absorb ‘‘I just feel like it’s morally wrong. I feel in the separation of church and State. fewer exports from American firms.’’ like it’s going to cause problems in lower in- We believe that every person has the We simply cannot, Mr. Speaker, con- come families,’’ she said. ‘‘I think you can right to choose their religion. We do tinue to run trade deficits of 300 or get money other ways.’’ not believe it is up to the House of Rep- more billions of dollars each year with- f resentatives to dictate how and where out causing very serious problems for our own people. SPECIAL ORDERS our faith should be expressed. Our con- stituents did not elect us to be their Today, our unemployment is very The SPEAKER pro tempore. Under spiritual leaders. They do not turn to low, but our under-employment is ter- the Speaker’s announced policy of Jan- C–SPAN for healing. Rather, they ex- rible. We have many college graduates who uary 6, 1999, and under a previous order pect us to vote for the programs and work very hard and spend a lot of of the House, the following Members policies that mirrors their beliefs. This money to get a degree in a field in will be recognized for 5 minutes each. is how they judge us. which there are very few good jobs f Do we support Head Start and school available. There are so many people lunch programs, education? Do we sup- The SPEAKER pro tempore. Under a getting law degrees these days that port saving Social Security and pro- previous order of the House, the gen- even they are becoming of very little tleman from New Jersey (Mr. PALLONE) tecting public education? This is the assistance to many in getting good jobs is recognized for 5 minutes. reason we have been sent to Wash- or positions. (Mr. PALLONE addressed the House. ington, not to preach but to support Most colleges and universities cannot His remarks will appear hereafter in the things that are important to the discourage students from majoring in the Extensions of Remarks.) people who sent us here. certain subjects without causing a fac- f f ulty rebellion. The SPEAKER pro tempore. Under a OUR TRADE DEFICIT IS STILL So parents and students really need previous order of the House, the gen- GROWING to start asking the hard question: Is it likely that I can get a decent job if I tleman from Indiana (Mr. BURTON) is The SPEAKER pro tempore. Under a recognized for 5 minutes. major in this subject? previous order of the House, the gen- If we keep running trade deficits like (Mr. BURTON of Indiana addressed tleman from Tennessee (Mr. DUNCAN) is the House. His remarks will appear we are now, we will have more and recognized for 5 minutes. more college graduates working as hereafter in the Extensions of Re- Mr. DUNCAN. Mr. Speaker, earlier waiters and waitresses. Also, young marks.) today my good friend, the gentleman people had better wake up and tell f from Ohio (Mr. TRAFICANT), spoke on these environmental extremists that The SPEAKER pro tempore. Under a this floor about our trade deficit. He we cannot base our entire economy on previous order of the House, the gentle- pointed out that our trade deficit in tourism unless we want to have almost woman from New York (Mrs. MALONEY) the last quarter hit an all-time record everybody working at minimum wage is recognized for 5 minutes. of $87 billion. If that keeps up, it would jobs. (Mrs. MALONEY of New York ad- be an astounding $350 billion for the This large trade deficit, which is dressed the House. Her remarks will full year, meaning that we are buying causing us to lose so many high-paying appear hereafter in the Extensions of that much more from other countries jobs, is also causing the gap between Remarks.) than they are buying from us. the rich and the poor to grow much f Most economists agree that we lose, wider. conservatively, 20,000 jobs per billion, This is, I suppose, why it is hard for The SPEAKER pro tempore. Under a meaning we would lose 7 million jobs so many wealthy people to realize the previous order of the House, the gentle- to other countries in one year if our extent of this under-employment prob- woman from Connecticut (Mrs. JOHN- trade deficit stays at the rate of this lem and why so many upper income SON) is recognized for 5 minutes. last quarter. Many people believe we people support extreme environmental (Mrs. JOHNSON of Connecticut ad- are losing these jobs, that we have this measures that really hurt lower in- dressed the House. Her remarks will unbelievable trade deficit in large part come people by driving up prices and appear hereafter in the Extensions of because of bad trade deals, trade deals destroying jobs. Remarks.) good for big multinational companies I started thinking about all this after f but very harmful to small American reading a column by William Safire in today’s Knoxville News-Sentinel, which DEMOCRATS WHO CONTINUE TO businesses and American workers. I assume ran in yesterday’s New York SUPPORT SEPARATION OF The Christian Science Monitor, one Times. Mr. Safire, after being ripped CHURCH AND STATE ARE ALSO of the leading national newspapers, had off due to a big cable merger, wrote in RELIGIOUS PEOPLE this on its front page recently, quote, ‘‘America’s widening trade deficit, now a column entitled, ‘‘Giant Corporations The SPEAKER pro tempore. Under a more than $25 billion a month, is start- May Not Serve Us Well,’’ these lines: previous order of the House, the gentle- ing to cause concern in the topic eche- ‘‘The merger-manic mantra: In con- woman from Florida (Ms. BROWN) is lons of the United States. glomeration there is strength. recognized for 5 minutes. ‘‘Ah, but now, say the biggest-is-best b Ms. BROWN of Florida. Mr. Speaker, 1745 philosophers, we’re merging within the I rise this evening because I listened to ‘‘While the trade gap has been grow- field we know best. And if we don’t several of my Republican colleagues on ing for years, it is becoming large combine quickly, the Europeans and the floor last night, and I was very dis- enough that experts are becoming Asians will, stealing world business turbed by what I heard. The Members increasely worried it will slow the domination from us. implied that because Democrats con- ‘miracle’ economy of the 1990s.’’ ‘‘The urgency of globalization, say tinue to support separation of church Just 1 week later, the Washington today’s merger maniacs, destroys all and State we are not religious people. Post reported that the ‘‘suddenly notions of diverse competition, and As a child growing up in Jacksonville, slumping’’ U.S. dollar ‘‘is stirring only the huge, heavily capitalized mul- Florida, the district I now represent, unease about the potential for a stam- tinational can survive.’’ H9960 CONGRESSIONAL RECORD — HOUSE October 13, 1999

Mr. Safire concluded, ‘‘Only JOHN It caused me to think, as I looked at What are we all talking about? A sur- MCCAIN dares to say: ‘Anybody who some editorial comments. It was inter- plus? There is $5.7 trillion worth of glances at increases in cable rates, esting, and I want to quote from Char- debt. There is no surplus. There may be phone rates, mergers and lack of com- ley Reese from the Port St. Lucie Trib- an excess cash to expenditures. But, petition clearly knows that the special une, ‘‘Real Help For North Carolina clearly, there is no surplus. interests are protected in Washington, Heading Overseas’’. He says ‘‘Think But if we keep doing these things and and the public interest is submerged.’ ’’ this through: People who have lost ev- paying money in all kinds of different Are we, Mr. Speaker, ‘‘Wal-Marting’’ erything in eastern North Carolina to accounts and different proposals, we the entire world? In a few short years, the floods can get help from the U.S. will never balance the budget, and no are just one or two big giants going to Government in the form of loans at in- American taxpayer will get any relief. control every field and every industry? terest. We sent money to Russia recently, I I sure hope not. ‘‘I dare say many of those who lost can remember, through the IMF, and A few years ago, I spoke on the floor their homes had not paid off their nobody can account for the hundreds of of this House, pointing out that U.S.A. mortgages. The obligation to pay the millions of dollars that are residing in Today said competition existed in only morality remains even if the house is the bank accounts all over the world. 55 out of 11,000 cable markets. gone and rendered unlivable. So in es- The Russians never got helped by our The situation is worse today. The sence, the federal assistance consists of cash. It went into the pockets of people Wall Street Journal said then, ‘‘Com- an offer to most folks to make two who purloined the money and took it petition is the last thing big cable op- mortgage payments instead of one.’’ for their own use. erators want. They have vigorously So we look at our own real-life cir- We keep saying to ourselves, well, we lobbied local and State governments to cumstances in this city and in this will do better next time. We will put keep their turf exclusive.’’ country, and we say to ourselves, yes, some oversight panels together. We I said in my speech in Congress at we have a responsibility for foreign aid. will look at the money and the expend- that time, ‘‘What we really need is We have a responsibility to help other itures. Yet, each time, we fall into the more competition. Every place there is nations. But when do we start focusing trap once again of saying we better add competition, cable prices have gone on the American public and the Amer- some more money to the appropria- down and service has gone up.’’ This is ican taxpayer? tions bill because we have got to help true in every field. The President suggested the other out another one of our neighbors in Here in Washington, the two daily day he would like to wipe out $5.7 bil- trouble, a neighbor overseas. Washington newspapers sell for 25 lion worth of foreign aid that have Then I think when I ride around at cents each. Most places where there is been given over the past years in the night, how many homeless Vietnam no competition, much smaller news- form of loans. To some of that, I give veterans are probably on the streets of papers sell for 50 cents or more. credit. Some of the countries cannot our Nation’s capital, homeless Vietnam I voted against the big telecommuni- repay the money. veterans who are going without health cations bill a few years ago because of But let us think of our experience care, medical care of any kind because my fear that it would only lead to a over the last couple of decades of we cannot help them. They fought the massive consolidation within the in- American foreign policy. Let us think good fight, but we have got too many dustry and the big getting much big- of the billions of dollars that have been other things on our plate. ger. That is certainly coming true even swept out of the taxpayers’ wallets in We cannot sacrifice individual appro- faster than I thought. the United States and are now residing priations bills, because we are all try- If the government, Mr. Speaker, in Zurich, Switzerland in the form of ing to protect our reelections. We can- keeps approving more and more merg- secret bank accounts by people like not make our government more fis- ers, if our anti-trust, anti-monopoly Duvalier, people like the Marcoses, cally sound because we are too inter- laws become a joke, if we keep giving people that have plundered the United ested in racking up totals that are every break to multinational compa- States foreign aid not to help the coun- mind boggling on their face. nies and keep running huge trade defi- trymen that they were supposedly Our interest payments are like $247 cits, our under-employment will grow elected to serve, but to put it in their billion a year on the debt we have now worse, our middle class will be slowly own bank accounts, and to run off with at $5.7 trillion. So we will never get wiped out, and the United States will our cash. ahead if we continue this. But what be a very different place than it has Now, we are going to wipe out debt, about giving or, as the headline says, been up until now. and we are going to just erase the bal- forgiving our debts. What about for- ance sheet and say they do not have to f giving some of the debts that the pay us back. Yet, in North Carolina, if American public has every day that The SPEAKER pro tempore (Mr. one’s home is destroyed by an earth- they work and pay their taxes to help FLETCHER). Under a previous order of quake or a hurricane or some other support this government, and we seem the House, the gentlewoman from Con- devastation, one is told to come to the tone deaf to be able to turn our respon- necticut (Ms. DELAURO) is recognized line and borrow from the U.S. govern- sibilities directed towards them. for 5 minutes. ment, and one can make two payments I say, pay down the debt. But I also (Ms. DELAURO addressed the House. at once. say let us not start attacking the ma- Her remarks will appear hereafter in We also hear that we cannot give any jority party here for being cheap as I the Extensions of Remarks.) kind of tax break for individuals. We heard last week. We did not recognize f cannot eliminate the marriage penalty. our responsibilities. So let us focus a We cannot give debt relief on the es- little bit more on the American public, HELP AMERICAN CITIZENS tate tax relief. We cannot do anything the American taxpayer, helping our BEFORE GIVING MONEY ABROAD to reduce the cost of insurance by giv- own citizens, our community before we The SPEAKER pro tempore. Under a ing credits to small business owners or start giving money away abroad. previous order of the House, the gen- self-employed, because we cannot af- f tleman from Florida (Mr. FOLEY) is ford a tax cut. It is selfish. It is stingy. recognized for 5 minutes. It is not proper. It will explode the def- GOOD NEWS TONIGHT: BUDGET Mr. FOLEY. Mr. Speaker, I just icit. BALANCE WITHOUT TOUCHING wanted to get up for a moment and We have to use the surplus for other SOCIAL SECURITY talk about some of the events of the things that we think are good for the The SPEAKER pro tempore (Mr. past couple of weeks and some of the American public. We should spend our COOKSEY). Under a previous order of acrimony that exists in this Chamber resources, our surplus on things that the House, the gentleman from Min- and some of the dialogue that takes we think are good for people rather nesota (Mr. GUTKNECHT) is recognized place. We had a very difficult and in- than people voicing their opinion. for 5 minutes. teresting vote on foreign aid the other Then I started to think of the real Mr. GUTKNECHT. Mr. Speaker, Will day and foreign operations. overriding question, which is: Surplus? Rogers used to say, ‘‘All I know is what October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9961 I read in the newspapers.’’ There was The only other real alternative we while he was chained to the back of a another commentator who used to have in terms of balancing the budget pickup truck. In Ft. Campbell, Ken- start his news cast every night by say- and saving Social Security would be to tucky, a 21-year-old Private First Class ing, ‘‘This is good news tonight.’’ cut spending. was brutally beaten with a baseball bat Mr. Speaker, there is good news to- Now, in the next couple of days, we in his barracks because he was gay. night, perhaps the best news that we are probably going to be faced with In my district over the Fourth of have had on the economy and the budg- that simple choice: Are we going to July weekend, hate erupted with a et in a long, long time. There it is on raise taxes? Are we going to steal from vengeance. A madman full of rage and page A18 of the New York Times. In Social Security? Are we going to cut with a gun took the life of two men and fact, it appeared in newspapers all over spending? forever changed the lives of many fam- the country today. I happen to believe that the third op- ilies. Let me read the first two paragraphs. tion is the only one that the American This madman left us grieving for ‘‘Something symbolically enormous people will accept. I also happen to be- Ricky Byrdsong and his family and may have happened today: the Congres- lieve that the fairest way to cut that Woo-Joon Yoon, an Asian student from sional Budget Office announced that spending would be across the board. Bloomington, Indiana, and angry for the assault on Jewish men peacefully the Government may have balanced Our leadership and people on the the budget in fiscal year 1999’’, that is observing the Sabbath. Committee on Appropriations are Ricky Byrdsong lived in Skokie, Illi- the one we just finished, ‘‘without working on a plan whereby we would nois, in my district. He was a loving spending Social Security money. cut spending 1 percent across the husband, a father, a leader in the com- ‘‘If so, it would be the first time that board. I think that is the fairest thing munity, a former basketball coach at has happened since 1960, when Dwight to do. I think that is what the Amer- Northwestern University, a man of Eisenhower was President, gentlemen ican people want us to do. deep religious faith, and a constituent. sported felt fedoras and women wore As I say, after wandering in the wil- He was murdered in cold blood. His fox stoles.’’ derness of deficit spending, of enor- only crime was the color of his skin. He Mr. Speaker, this is truly great news. mous deficits, including borrowing was African-American. It is great news for all generations. from Social Security for 40 years, we Many skeptics say we do not need What this really means, it means a have finally crossed the River Jordan. this bill. But tell that to the family of more secure retirement for our par- Now that we have, we have it within Ricky Byrdsong or Matthew Shepard. ents. It means a much stronger econ- our power to make certain and make it I urge my House colleagues on the omy for baby boomers and folks who clear to future generations that we are Commerce-State-Justice Conference are working. But, most importantly, it not going back. Committee to agree to include the hate means a brighter future for our kids. f crimes prevention act in the final bill. This is just a blow up of that article We must expand and improve the Fed- that appears in the New York Times, HATE CRIMES eral hate crimes law and punish those but it is written all over. It is a great The SPEAKER pro tempore. Under a who choose their victims based on race story. previous order of the House, the gentle- or gender, ethnicity, sexual orienta- I want to come back to something woman from Illinois (Ms. SCHAKOWSKY) tion, or physical disability. and show my colleagues where we were is recognized for 5 minutes. It would also make it easier for Fed- just a few years ago. Because I think to Ms. SCHAKOWSKY. Mr. Speaker, 1 eral law enforcement officials to inves- understand the importance and the sig- year ago, a mother in Wyoming re- tigate and prosecute cases of racial and nificance of this, we sort of have to ceived news that tragically changed religious violence. look at where we were. her life forever. Her son, an openly gay State and local authorities currently This is what the Congressional Budg- University of Wyoming student, was prosecute the majority of hate crimes et Office was predicting just a few kidnapped, robbed, beaten, and burned and will continue to do so under this years ago with what was going to be by two male assailants. Left exposed to legislation. Keeping the Hate Crimes happening in terms of the Social Secu- the elements, latched to a ranch fence Prevention Act in the appropriations rity deficit projections. We were look- for 18 hours, the young man Matthew bill will increase Federal jurisdiction ing, in 1999, at a deficit of $90 billion. Shepard died at a local hospital 6 days to allow Federal officials to assist We were going in the wrong direction. later. He lost his life as a result of big- State and local authorities to inves- So the American people said enough is otry and hate. tigate and prosecute hate crimes. It will also provide State and local pro- enough. We have got to change course. One year later, we stand on the grams with grants designed to combat So what we did is we began to gradu- House floor empty handed, unable to hate crimes committed by juveniles. ally reduce the growth in Federal provide any real comfort to the moth- spending. We have cut the rate of While serving in the Illinois State ers and fathers of the Matthew House, my colleagues and I were suc- growth in Federal spending by more Shapards of our Nation. One year later, than half. As a result, today, we not cessful in strengthening State laws we stand on the House floor to mourn dealing with hate crimes. I am looking only have a balanced budget ahead of the death of Matthew, yet, failed to forward to working with my colleagues schedule, but we believe, for the first honor his life in any meaningful way. here in the Congress to translate suc- time since Dwight Eisenhower was One year later, we are working to en- cesses on the State level to the na- President, we actually have a balanced sure that the Hate Crimes Prevention tional stage. budget without stealing from Social Act of 1999 becomes the law of the land, The Hate Crimes Prevention Act is Security. yet a real threat exists that we may such an opportunity to send a clear and Now that we have crossed this Rubi- not succeed. powerful message that the safety of all con, I think we have to make it clear b 1800 people is a priority and anyone who that we are not going to turn back. If threatens that safety will face the con- we are going to do that, I think we Mr. Speaker, it is not fair to the fam- sequences. have really only several alternatives. ilies of America. It is not fair to the As a Member of Congress who rep- One thing, of course, we can always do families who have lost a loved one as a resents one of the most diverse dis- is raise taxes. There are more than result of hate. It is not fair for these tricts in the Nation, I strongly believe enough of our friends on the left who families to have to wait for Congress to that we must ensure the passage of this believe that that is really the answer recognize their need and honor the act. Hate crimes if left unchecked not in terms of balancing our budget long- lives of the loved ones they lost. It is only victimize our citizens but debase term. not fair for Congress to remain silent and shame us all. The second, of course, is we could while these programs loudly demand f turn our backs on Social Security. We action. can begin to steal from Social Security Hate can occur in any community. In SENATE MESSAGE again. We believe that is the wrong Jasper, Texas, three white men dragged A message from the Senate by Mr. course. a 49-year-old black man for two miles Lundregan, one of its clerks, an- H9962 CONGRESSIONAL RECORD — HOUSE October 13, 1999 nounced that the Senate agrees to the Hate crimes are meant to instill fear. those parameters are targeted by those report of the Committee of Conference And the fear that hate crimes instill is that hate others because of who they on the disagreeing votes of the two not simply targeted at the immediate are, because of their gender or orienta- Houses on the amendment of the Sen- victim. The fear is aimed at members tion or color of skin. ate to the bill (H.R. 1906) ‘‘An Act mak- of the group. Hate crimes are different This should not be permissive in this ing appropriations for Agriculture, than any other violent crime because society of ours as we enter the 21st cen- Rural Development, Food and Drug Ad- they seek to terrorize an entire com- tury, and we have to deal with this and ministration, and Related Agencies for munity, be it burning a cross in some- we have to confront it and we have to the fiscal year ending September 30, one’s yard, the burning of a synagogue, educate our children because these 2000, and for other purposes.’’ or a rash of gay bashings. crimes are devastating. f This sort of domestic terrorism de- We had a boy killed in our commu- The SPEAKER pro tempore (Mr. mands a strong Federal response be- nity recently in West Palm for the COOKSEY). Under a previous order of cause this country was founded on the same motivation, because he was gay. the House, the gentleman from Wash- premise that a person should be free to We have heard crime after crime simi- ington (Mr. METCALF) is recognized for be who they are without fear of vio- lar to these Matthew Shepard cases 5 minutes. lence. that are wrenching the heart and soul (Mr. METCALF addressed the House. A member of the other body, the Re- out of our country. His remarks will appear hereafter in publican chairman of the Senate Com- So I applaud the gentlewoman for her the Extensions of Remarks.) mittee on the Judiciary, said, ‘‘A crime leadership. I join my colleague in urg- f committed not just to harm an indi- ing the Congress to adopt hate crime vidual but out of a motive of sending a legislation to federalize these crimes. HATE CRIMES PREVENTION ACT message of hatred to an entire commu- Because, again, these are not singular The SPEAKER pro tempore. Under a nity is appropriately punished more acts. These are acts by despicable peo- previous order of the House, the gentle- harshly, or in a different manner, than ple who seek out people based on race, woman from Wisconsin (Ms. BALDWIN) other crimes.’’ gender, sexual orientation. They are is recognized for 5 minutes. I do not know for sure what causes mean-spirited and they must be dealt Ms. BALDWIN. Mr. Speaker, I rise hate. I am sure the expert have some with with the full effect of the law so, today in support of H.R. 1082, the Hate ideas. But fear of the unknown com- hopefully, we can turn the tide on Crimes Prevention Act. bined with stereotyping of groups that these crimes and get people to recog- In August, the House Committee on reinforces that fear probably has some- nize that the punishment will be se- the Judiciary, on which I sit, held a thing to do with it. vere, it will be swift, and maybe they hearing on hate crimes. We heard testi- I know that hate crime legislation will think twice before they inflict mony from Carole Carrington. I am cannot cure the hate that still resides their hatred on others. sure my colleagues are familiar with among some in our country, but this f her story. legislation can provide more protec- The SPEAKER pro tempore. Under a Her daughter, granddaughter, and a tions for groups who are targeted and previous order of the House, the gen- dear family friend were murdered in send an important message that Con- tleman from Michigan (Mr. SMITH) is Yosemite National Park last February. gress believes that hate crimes against recognized for 5 minutes. The murderer was finally captured a any group are a serious national prob- (Mr. SMITH of Michigan addressed few months later after brutally mur- lem that deserves to be addressed. the House. His remarks will appear dering another woman near Yosemite. One year ago, a young University of hereafter in the Extensions of Re- Why did this man kill these four Wyoming student, Matthew Shepard, marks.) women? Because they were women. He was brutally murdered because he was f claims to have fantasized about killing gay. We all know the story. But Mat- women for the last 30 years. He did not thew’s murder had a profound personal HATE CRIMES—OTHER NOT-SO- know any of his victims. He targeted impact on me. It reminded me that I WELL-KNOWN CASES them simply because they were women. could be targeted simply because of The SPEAKER pro tempore. Under a Mr. Speaker, this great Nation was who I am. previous order of the House, the gen- founded on the desire for freedom, free- It was at the height of my campaign tleman from New York (Mr. WEINER) is dom from oppression, freedom from re- when they found Matthew’s body. The recognized for 5 minutes. ligious persecution, freedom to partici- word spread quickly among my many Mr. WEINER. Mr. Speaker, I do not pate as full citizens. university student volunteers, and I know where Sylacauga, Alabama, is. Our Nation’s founding principles could see the hurt and fear in their But in February of 1999, Billy Jack revolve around the concept of indi- eyes as they talked about what hap- Gaither, a gay man, was abducted and vidual liberties and the freedom to live pened to this young university student, beaten to death with an ax handle and our lives in a free and open society. We a person their age. set afire among burning tires in a re- have long recognized that personal A number of my volunteers were gay mote area. safety and security are essential for a or lesbian and they were in shock. It And frankly, Mr. Speaker, I do not person to exercise the rights and obli- affected so many of us profoundly and know where Texas City, Texas, is ei- gations of citizenship. personally. ther. But that is a place where two Governments are created by men and Hate crimes are an attack on society, black gay men, Laaron Morris and women in part to protect and defend an attack on tolerance, an attack on Kevin Tryals, were shot to death and citizens from violence to ensure that freedom. This Congress ought to act one of the men was left inside a burn- they are able to exercise their personal swiftly to pass the Hate Crimes Pre- ing car. liberties. vention Act. And very frankly, Mr. Speaker, I do Hate crimes are intended to intimi- Mr. Speaker, I yield to the gentleman not know where Kenosha, Wisconsin, date the victim and to limit those free- from Florida (Mr. FOLEY). is, although I have heard of it. But that doms. Hate crimes are designed by the Mr. FOLEY. Mr. Speaker, I thank the is a place where, in May of 1999, a 27- perpetrators to create fear in the vic- gentlewoman for yielding. I would like year-old man intentionally swerved his tim. The woman who was attacked on to associate myself with the words of car onto a sidewalk to run over two Af- a dark street lives in fear of another the gentlewoman from Wisconsin for rican-American teens. After hitting the attack. The African-American family her leadership on this issue. two cyclists, he left the scene and kept that has a cross burned on their lawn Let me say directly to the American driving until stopped by police. Eight remembers that threat far after the public, this is desperately needed legis- years earlier, the same man ran his car scorch marks on the grass have been lation. We have in our climate today twice into a stopped van carrying five washed away. The gay teenager who is too much anti-Semitism, too much ra- African-American men and drove away. beaten by classmates may never feel cial hatred, too much homophobia, and I do not know where those places are. safe in school again. people who are singled out based on But very frankly, Mr. Speaker, I think October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9963 many Americans do not know where crimes which the Federal Government, are, or are perceived, to be members of Laramie, Wyoming, was until about a with the help of the States and local- a certain community, because they are year ago Matthew Shepard, an openly ities, can prosecute. We have seen over of a particular ethnic group, or gay 21-year-old university student, was and over again that if the Federal Gov- thought to be of a particular ethnic savagely beaten, burned, tied to a ernment brings its forces to bear, that group, or race or color or creed or sex- wooden fence in a remote area, and left we can make a difference. ual orientation. These hate crimes dev- to die in subfreezing temperatures. Mr. Speaker, sometimes this House is astate families and local communities There is nothing about these cases criticized for acting only in the face of and they also send a chill down the that reflects poorly on those individual abject crisis. I believe that that crisis backs of everyone else that belongs to towns across America. In fact, hate has been shown to us by the horror of the same group. crimes like these, unfortunately, are Matthew Shepard. Now is the oppor- Remember, hate crimes are espe- happening in towns big and small, tunity for us to act in this time of cri- cially odious because they victimize major metropolises, small neighbor- sis, to pass the Hate Crimes Enhance- more than just the individual victim, hoods all across this country. ment Act, to finally begin to do some- they also are acts of terrorism directed Since 1991, when the Department of thing to stop that increasing trend of against an entire class of citizens. Justice started keeping hate crime sta- hate crimes. I cannot promise anyone When a hate crime is committed, it tistics, they found after surveying hun- in this Chamber that if we were to pass sends a message to every member of dreds of police department law enforce- this act, there will not be people with the targeted group that they risk their ment agencies around this country hate in their hearts, there will not be lives simply by being a member of a that about 4,600 hate crimes had been people who do horrific things in small targeted group. No American should committed. When they did a similar towns and big cities all across this have to be afraid to live in any commu- survey in 1997, they found that that country. But I do know we have an ob- nity because they are threatened with number had nearly doubled to over ligation to act, because what happened violence because of who they are. 8,000. to Matthew Shepard was not just a We should instruct the conferees to This is an epidemic, Mr. Speaker. blow to that small town, it was not accede to one version of the Senate Matthew Shepard made us all gasp in just a blow to gay rights, it was not language, to agree to add gender and horror. But now we in Congress have an just a blow to that person’s family, it disability and sexual orientation to the opportunity to act. was a blow to our national family. It Federal hate crimes law. There is a ne- Not so long ago, in 1990 and 1994, this was a horror that all of us must ad- cessity to do this in order so that we House did act in passing the Hate dress. can give help to States that have their Crime Statistics Act and Hate Crimes f own hate crimes laws but need Federal Sentencing Enhancement Act. But we assistance in investigating crimes. have seen again and again that that IN SUPPORT OF THE HATE CRIMES The Senate has already passed the law needs to be strengthened. We PREVENTION ACT Hate Crimes Prevention Act as an learned frankly from cases all across The SPEAKER pro tempore (Mr. amendment to the Commerce, Justice, this country that there are problems COOKSEY). Under a previous order of State and Judiciary appropriations bill with the current law that we are obli- the House, the gentleman from New which is now in the conference com- gated to fix. York (Mr. NADLER) is recognized for 5 mittee. Over the summer, I organized a The Federal prosecution of hate minutes. group of 62 other Members of the crimes can only happen if the crime is Mr. NADLER. Mr. Speaker, we are House, both Republicans and Demo- motivated by race, religion, national faced with an historic opportunity once crats, to join together and urge the origin, color, and the assailant in- again this year to pass legislation to conferees to include the Hate Crimes tended to prevent the victim from ex- combat violent hate crimes that con- Prevention Act in the final appropria- ercising a very narrowly defined pro- tinue to plague our country. tions bill. I hope we are successful and tected right, like voting or attending Last year, despite the brutal killing that we can pass meaningful reform school. of Matthew Shepard simply because he this fall. It is certainly within our The law is so narrowly written that was gay, we failed to incorporate the grasp, but we need all the help we can we are seeing problems with prosecu- Hate Crimes Prevention Act into a bill get to urge other Members of the House tions all around this country. In 1994, a to fund the Justice Department. We and of the Senate to include this vital Federal jury in Fort Worth, Texas, ac- must not make the same mistake again legislation, the Hate Crimes Preven- quitted three white supremacists of this year. tion Act, in the final version of the ap- Federal civil rights charges arising In the year that followed Matthew propriations bill. form unprovoked assaults on African- Shepard’s death, thousands of hate We must all redouble our efforts to Americans, including one incident crimes were committed and Congress pass sensible hate crimes prevention where the defendant knocked the man failed to protect gays, lesbians, legislation this year. We must continue unconscious as he stood near a bus bisexuals, transgender individuals and our fight to protect American families stop. others from these heinous crimes. from violent bigotry and from vicious Tragically, we are all far too familiar b 1815 acts of hatred. Our constituents and with the violent acts of terrorism that the citizens of this great country ex- Some of the jurors revealed after the are sweeping our country. The August pect no less of us. acquittal that although they were ab- 10 shooting of a Filipino-American let- f solutely convinced that the crime was ter carrier, shooting to death, three racially motivated, they could not find young children who were shot and two IN SUPPORT OF HATE CRIMES that it fit into one of these narrow ra- adults at the Los Angeles Jewish com- PREVENTION ACT cially protected activities. The same munity center is one of a series of bru- The SPEAKER pro tempore. Under a happened in 1992 when two white men tal hate crimes that continue to plague previous order of the House, the gen- chased a man of Asian descent from a victims, families, communities and the tleman from New York (Mr. CROWLEY) nightclub in Detroit and beat him to Nation. These violent acts come on the is recognized for 5 minutes. death. The Department of Justice, with heels of the July 4 shooting spree in Il- Mr. CROWLEY. Mr. Speaker, I am a great deal of help from the State and linois and Indiana, and the burning of proud to rise today and speak in favor locality, tried to prosecute it using the three synagogues in northern Cali- of the Hate Crimes Prevention Act of current hate crimes law and failed be- fornia. 1999 which is cosponsored by myself cause the law was too narrowly craft- Congress has been far too slow in re- and 184 of my colleagues in this House. ed. sponding to the hate crimes that con- Just a few weeks ago, our country We have an opportunity with the bill tinue to threaten our communities all was shocked when a gunman entered a that is currently before the House across America. Week after week we Jewish community center in Los Ange- Committee on the Judiciary to deal hear horror stories of murderers at- les, shooting at innocent children. His with this problem, to broaden the tacking innocent people because they intent, and I quote, ‘‘sending a message H9964 CONGRESSIONAL RECORD — HOUSE October 13, 1999 by killing Jews.’’ What kind of message ing in Wisconsin v. Mitchell unani- being taunted and called a ‘‘gook’’ and was he sending? A message of hatred. mously upheld a Wisconsin statute struck to a cement floor. One year ago yesterday, in Laramie, which gave enhanced sentences to a de- A Latino-American family victimized Wyoming, a young man named Mat- fendant who intentionally selects a by arsonists who burned down their thew Shepard was killed. The reason? victim because of the person’s race, re- home after spray-painting racist mes- Because he was gay. ligion, color, disability, sexual orienta- sages on the walls. In Jasper, Texas, a man was mur- tion, sex or nation of origin. Women in Massachusetts victimized dered and dragged through the streets I believe we ought to stand up as a by a sexual batterer who was found to because he was an African-American. Congress and as a country to pass the have violated the State’s hate crime All of these incidents are hate Hate Crimes Prevention Act to make law for his biased crimes against crimes. They do not just affect the our laws tougher for the people who women. group that was killed, they affect each carry out these heinous crimes. Jewish children victimized by shoot- and every one of us. The Senate has already included it as ings at their community center by a This is especially troubling to me be- part of the fiscal year 2000 Commerce- man who had connections to an anti- cause of the rash of anti-immigrant Justice-State appropriations bill. I Semitic organization. billboards and posters in my district of would urge the House conferees to re- And today, we remember Matthew late which falsely blame immigrants cede to the Senate on this section. At Shepard, a 21-year-old college student for all of society’s problems. Having the very least, H.R. 1082 should be who was brutally and savagely beaten, spent my entire life in Queens County brought to the House floor for consid- strapped to a fence like an animal and in New York, I recognize the problems eration. We must end the hate that is left to die, all because of his sexual ori- faced on a daily basis by minorities permeating our society. entation. who strive to eliminate any form of These are only a few of the human discrimination still present in our soci- f faces that fell victim to intolerance, ety. Unfortunately, the billboards of PERIODIC REPORT ON TELE- bias and bigotry. In fact, FBI statistics late only tell that discrimination is COMMUNICATIONS PAYMENTS reveal that in 1997, a total of 8,049 bi- alive and well. PURSUANT TO TREASURY DE- ased motivated criminal incidents were I believe the Hate Crimes Prevention PARTMENT SPECIFIC LICENSES— reported. Of these incidents, 4,700 were Act of 1999 is a constructive and meas- MESSAGE FROM THE PRESIDENT motivated by racial bias, 1,400 by reli- ured response to a problem that con- OF THE UNITED STATES gious bias, 1,100 by sexual-orientation tinues to plague our Nation. Violence The SPEAKER pro tempore laid be- bias, 800 by ethnicity/national origin motivated by prejudice. This legisla- bias, and 12 by disability bias. tion is also needed because many fore the House the following message States lack comprehensive hate crime from the President of the United b 1830 laws. States; which was read and, together The number of incidents reported in I understand there are some people with the accompanying papers, without my home State of Maryland was 335. who believe that hate should not be an objection, referred to the Committee As we discuss this issue, I believe issue when prosecuting a crime. They on International Relations: that there are two questions our Na- say our laws already punish the crimi- To the Congress of the United States: tion must answer: First, why should we nal act and that our laws are strong As required by section 1705(e)(6) of care? enough as is. I answer with the most the Cuban Democracy Act of 1992, 22 I submit to my colleagues today that recent figures from 1997, when 8,049 U.S.C. 6004(e)(6), as amended by section we should care because our Nation was hate crimes were reported in the 102(g) of the Cuban Liberty and Demo- built on a foundation of democracy and United States, 8,049 crimes, because of cratic Solidarity (LIBERTAD) Act of independence for all. Our Declaration hate. According to the FBI, hate 1996, Public Law 104–114, 110 Stat. 785, I of Independence states that we hold crimes are underreported. So the ac- transmit herewith a semiannual report these truths to be self-evident, that all tual figure is much, much higher. ‘‘detailing payments made to men are created equal, and they are en- I say to my colleagues, penalties for dowed by their Creator with certain committing a murder are increased if Cuba . . . as a result of the provision of telecommunications services’’ pur- unalienable rights, that among these the murder happens during the com- are life, liberty and the pursuit of hap- mission of a crime. Murdering a police suant to Department of the Treasury specific licenses. piness. We all take pride in these officer is considered first degree mur- words, Mr. Speaker, but we all have a WILLIAM J. CLINTON. der, even if there was no duty as American people to recognize THE WHITE HOUSE, October 13, 1999. premeditation. Committing armed rob- this principle applies to all of our Na- bery carries a higher punishment than f tion’s citizens regardless of their race petty larceny. There are degrees to IN SUPPORT OF HATE CRIMES or national origin, gender, sexual ori- crimes. Local governments and State LEGISLATION entation, religion or disability status. governments and the Federal Govern- As cosponsor of the Celebrating One The SPEAKER pro tempore. Under a ment recognize that. And committing a America resolution that this House previous order of the House, the gen- crime against someone because of their passed today by unanimous consent tleman from Maryland (Mr. CUMMINGS) race, color, sex, sexual orientation, re- sponsored by my good friend from New is recognized for 5 minutes. ligion, ethnicity or other group should York (Mr. RANGEL), I believe that we Mr. CUMMINGS. Mr. Speaker, under warrant a different penalty. These should reach out across our differences the Violent Crime Control and Law En- crimes are designed to send a message, in ethnicity, race and religion to re- forcement Act of 1994, Congress has de- ‘‘We don’t like your kind and here is spect each other and to celebrate in fined a hate crime as ‘‘any act of vio- what we’re going to do about it.’’ So friendship our unity and one America. lence against a person or property why can we not punish crimes moti- We must all remember that although based on the victim’s race, color, gen- vated by hate differently than other we are a melting pot of various cul- der, national origin, religion, sexual crimes? tures, ideals and physical make-ups, we orientation or disability.’’ Mr. Speaker, this legislation does not are all one human race. punish free speech as some have con- I am here today, Mr. Speaker, to talk As one 16 year-old recently wrote: tended. Nowhere does it say you cannot about the victims of hate crimes that ‘‘He prayed, it wasn’t my religion; hold a certain political belief or view provide a real-life definition. He ate, it wasn’t what I ate; or a particular philosophy. What it James Byrd, Jr., an African-Amer- He spoke, it wasn’t my language; does say is that if you commit a vio- ican male victim, chained to the back He dressed, it wasn’t what I wore; lent act because of those beliefs, you of a pickup truck and dragged along a He took my hand, it wasn’t the color will be punished and punished dif- dirt road, murdered by supporters of a of mine; ferently. white supremacist organization. But when he laughed, it was how I Hate crime laws are also constitu- Thanh Mai, a Vietnamese-American laugh, and when he cried, it was how I tional. The U.S. Supreme Court’s rul- victim who died from a split skull after cry.’’ October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9965 The second question our Nation must tice. In my lifetime, and we are not XXII, I hereby announce my intention answer is: How can we put an end to talking about a long time ago, I have to offer a motion to instruct conferees hate violence? seen individuals spat upon because of a on H.R. 1501 tomorrow. The form of the The American people must take ac- different sexual orientation. I wish motion is as follows: tion. A resolution will require a united that we did not have to be here, but in I move that the managers on the part and determined partnership of elected 1999, in 1998, we had incidences like of the House at the conference on the officials, law enforcement entities, James Byrd dragged to death in the disagreeing votes of the two houses on businesses, community organizations, back woods by three white suprema- the Senate amendment to bill, H.R. churches and religious organizations cists. We had Matthew Sheppard bru- 1501, be instructed to insist that the and schools. tally murdered by three young men committee of conference should imme- Congress must also take action. Yes, who despised his sexual orientation. We diately have its first substantive meet- statistics have shed light on the preva- had places of worship, three syna- ing to offer amendments and motions lence of hate crimes in our society, gogues in Sacramento, destroyed by including gun safety amendments and however hate crimes are often under arson. African American churches motions; and 2, the committee of con- reported. Although we gathered signifi- throughout the south still burned ference report a conference substitute cant information as a result of the down. Bomb threats, death threats to by October 20, the 6-month anniversary Hate Crimes Statistics Act, this act the Muslim community immediately of the tragedy at Columbine High makes the reporting of hate crimes by following the Oklahoma bombings. School in Littleton, Colorado, and with State and local jurisdictions voluntary, Tolerance is not in America yet. sufficient opportunity for both the leaving gaps in information from var- All these situations have one thing in House and the Senate to consider gun ious jurisdictions. common. They were the results of hate safety legislation prior to adjourn- As such, I call for immediate passage crimes committed due to the ignorance ment. H.R. 1501 is the Juvenile Justice of the Hate Crime Prevention Act, and and nontolerance of individuals. Reform act of 1999. This Nation has consistently prided I ask that we all join together. But The SPEAKER pro tempore. The itself on its acceptance of all people; at most significant, non action translates form of the motion will appear in the least, that is what we say. What we into silence, and as Martin Luther RECORD. King stated, We will remember not the have an opportunity now to do is to put f words of our enemies, but the silence of our actions behind our words, for words our friends. alone mean nothing. It is the action be- The SPEAKER pro tempore. Under a f hind the words that give the words previous order of the House, the gen- value. tleman from Kansas (Mr. MOORE) is The SPEAKER pro tempore (Mr. We commend ourselves, and I can recognized for 5 minutes. COOKSEY). Under a previous order of know, sitting in the House, we talk (Mr. MOORE addressed the House. the House, the gentleman from Ohio about all other countries we do not His remarks will appear hereafter in (Mr. STRICKLAND) is recognized for 5 want to do business with because we the Extensions of Remarks.) minutes. say that they are human rights viola- f (Mr. STRICKLAND addressed the tions. Well, we must first make sure House. His remarks will appear here- that we take care of our own family PASS THE HATE CRIMES PREVEN- after in the Extensions of Remarks.) and make sure that we are standing on TION ACT AS QUICKLY AS POS- f the proper moral ground to begin with SIBLE HATE CRIMES PREVENTION ACT because how can you condemn someone The SPEAKER pro tempore. Under else when you are not standing strong The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- to make sure that your own home is in previous order of the House, the gen- uary 6, 1999, the gentlewoman from the best of shape? tleman from New York (Mr. MEEKS) is Michigan (Ms. STABENOW) is recognized During the 1960’s, for example, people recognized for 5 minutes. for 60 minutes as the designee of the of all colors, races and creeds came to- Mr. MEEKS of New York. Mr. Speak- minority leader. gether to fight against the racial intol- er, it is truly a sad occasion that as we Ms. STABENOW. Mr. Speaker, first, erance that was directed specifically are about to enter the next millennium as we begin this evening, I want to as- that time against African Americans that we do have to stand on the floor of sociate myself with the comments of and other minorities, and as a result of the United States House of Representa- my colleagues this evening concerning that united effort, this body passed tives still asking that all people be Matthew Sheppard and all of those who major legislation known as the Civil treated fairly. I listened to the word of have found themselves the victims of Rights Act as a statement and tried to my colleague, the gentleman from hate crimes and the great necessity to put some teeth and power behind the Maryland (Mr. CUMMINGS), when he pass the Hate Crimes Prevention Act words: All men; and we should say all stated that this country was built upon as quickly as possible. men and women; are created equal. This evening I am joining with col- the notion that all men are created It is now time for us to take an addi- leagues to speak out in support of ef- equal. Unfortunately, I have to dis- tional step in that direction by attach- forts to restore Medicare cuts that agree with that because our history in ing the Hate Crimes Prevention Act to have been too deep and have gone on this country shows that unfortunately the Commerce, Justice and the State too long, and we have an opportunity we do not consider African Americans appropriations bill. This act will make in this session before we leave to fix it, equal, we do not consider women equal, the intent of Congress clear and will and we need to do that as quickly as but we are learning, and we are mov- put power behind the words that we possible. ing. And it would be my hope that as will not tolerate hate crimes. we are about to enter to the next mil- In conclusion, Dr. King said: The Balanced Budget Act of 1997 in- lennium, that we would understand the Injustice anywhere is a threat to jus- cluded numerous cuts to Medicare pay- error of our ways, and move forward tice everywhere. ments, to health care providers, and and let it be known that we understand Let us make our voices loud and the original intent was to slow the the history, the true history, of this clear; let us put power behind our growth of the costs of Medicare by cut- country, and we are going to rectify it words. ting approximately $115 billion over 5 and not allow those individuals who be- f years. Recently the Congressional come victims of hate to continue to Budget Office has projected, however, suffer. We in this House, Mr. Speaker, ANNOUNCEMENT OF INTENTION TO that Medicare spending has been re- must send a loud and clear message OFFER A MOTION TO INSTRUCT duced by almost twice that amount. that those who want to hate others be- CONFEREES ON H.R. 1501, JUVE- Clearly Congress went too far. cause they are different than they, it NILE JUSTICE REFORM ACT OF These are not simply numbers that will not be tolerated. 1999 we are talking about. These are people, In my lifetime I have seen individ- Ms. JACKSON-LEE of Texas. Mr. these are families, these are doctors uals lynched and no one called to jus- Speaker, pursuant to clause 7(c) of rule and nurses trying to provide care, H9966 CONGRESSIONAL RECORD — HOUSE October 13, 1999 home health care providers, nursing homes, home health care providers. agreement that has impacted skilled homes that are trying to provide care, Michigan hospitals alone are expected nursing facilities was the implementa- hospitals, teaching hospitals that are to bear between $2.5 and $3 billion, not tion of the Medicare perspective pay- trying to make ends meet with cuts million, billion dollars in cuts as a re- ment system for in-patient services from the Federal Government that sult of the balanced budget agreement. and the establishment of caps on ther- have gone too far. That is a 10 percent cut in their Medi- apy services. The impact of these pro- Earlier this year 80 Members of the care reimbursements since 1997. visions could range from decisions by House joined me in sending a letter to Now, to put that in perspective, 10 nursing homes to no longer provide the President asking him that as he percent of the Medicare services to services that are not adequately reim- put together his Medicare reform pack- hospitals are providing in-patient care, bursed to limiting the amount of serv- age that he not choose to cut Medicare persons staying overnight. We are talk- ices that a patient can receive. The further. I am very pleased that he ing about a 10 percent cut that could prospective payment system has dra- heard our message and that in fact he wipe out in-patient care in Michigan. matically changed the way skilled did not choose to cut Medicare further Michigan is already suffering. nursing facilities approach Medicare but instead proposed restoring $7 bil- Schoolcraft Memorial in Manistique, patient admissions. lion worth of cuts. That is a good first Michigan is suffering devastating Now, skilled nursing facilities re- step, but it is not enough for us to be losses of the VBA and they recently quire more information prior to a able to truly solve the problem that made the painful decision to close their Medicare admission because they have faces our health care providers across maternity ward. Now, this is an area to assess the overall costs and compare the country. where now women are going to have to that to the costs of reimbursement Many of us have cosponsored numer- travel at least 50 miles, travel about an that they are receiving, and too many ous bills that seek to resolve specific hour in order to deliver their babies. times this is keeping our frailest and problems that have arisen with the bal- What if there is an emergency? What if sickest patients out of our nursing fa- anced budget agreement. Just this year that hour is too late? cilities. I have talked with hospitals in Mar- I have cosponsored 10 bills myself that The other obstacle to care that nurs- quette, Michigan in the upper penin- cover specific issues ranging from hos- ing facilities are facing is the arbitrary sula; in northern Michigan, in my pital outpatient prospective payment cap of $1,500 for therapy services. The hometown in Sparrow Hospital and the systems to the $1,500 cap placed on Balanced Budget Act created a $1,500 Medical Regional Center and down in therapy services. My colleagues joining cap for physical and speech therapy to- the metropolitan area of southeastern gether, and another $1,500 cap for occu- me tonight are deeply concerned and Michigan, Detroit Medical Center, involved in this issue. pational therapy. These caps are way Henry Ford Health Systems. In fact, too severe. They are not allowing pa- The sheer number of bills alone that Henry Ford Health Systems located in have been introduced and cosponsored tients to receive the services that they Detroit announced recently just last need. Once the beneficiary reaches the by people on both sides of the aisle week, in fact, that 1,000 employees not should send a strong message to the cap, the nursing facilities must seek directly involved in patient care will payment from the patient or decide leadership that we need to act now. be asked to voluntarily retire or will be Time is running out. For too many whether or not to continue care. Our laid off. One thousand employees, and nursing homes need to lift the arbi- time has already run out, and shame we have discussions of hospitals, whole on us if we do not act now. trary therapy cap, and we need to re- hospitals closing. duce the cuts from the prospective pay- Just today key members of the Com- What is it that we need for our hos- ment services. mittee on Ways and Means and the Fi- pitals? We need to repeal the balanced Finally, an area that has been hit ex- nance Committee on the Senate side budget agreement transfer provisions. I tremely hard by the balanced budget have introduced marks for legislation have cosponsored with colleagues H.R. agreement cuts, and that is the area of to mark up future bills. I am pleased 405 that would repeal the transfer pro- home health care. The Balanced Budg- that Senator DASCHLE has introduced a vision. Currently, hospitals are not dis- et Agreement was expected to cut comprehensive bill that addresses a charging patients to nursing homes be- Medicare spending on home health by number of the issues we will speak to cause the paperwork and regulations $16 billion, but earlier this year when this evening. are just too difficult. Secondly, we CBO reestimated the Medicare budget Tonight is our opportunity to outline need to limit the reductions for out- baseline, that number had more than our priorities for what this legislation patient care. This is a number one con- should address. Solving the balanced cern for hospitals, and I am pleased to doubled. Right now, we are seeing budget agreement concerns involves have cosponsored H.R. 2241 that would Medicare payments to home health dollars, Federal dollars, but as I indi- limit reductions to outpatient care. agencies reduced by over $48 billion. cated earlier, we have seen more than We need to limit reductions for in-pa- Not $16 billion, $48 billion. This is $32 twice the amount cut that is necessary tient care as well, and I am pleased to billion more than Congress intended, for Medicare’s portion of the balanced have cosponsored H.R. 2266 with the and this needs to be addressed now. budget agreement, and we are now fac- gentlewoman from New York (Mrs. These numbers can be overwhelming ing surpluses, we are debating sur- LOWEY) that would increase payments when we look at what this means for pluses over the next 10 years. For many to hospitals for in-patient care. We patients. of us, we have been fighting to put So- need to provide more support for our Mr. Speaker, 28 agencies have closed cial Security and Medicare first. We rural hospitals in communities like in Michigan. Twenty-eight agencies have an opportunity to do that, and an Manistique that are feeling the need to have closed in Michigan, and over 2,400 important part of putting Medicare close their facilities for delivering ba- agencies have closed nationally or have first is to restore the cuts that have bies. stopped providing service. I remember, been made and provide an opportunity We need to increase Medicare’s com- Mr. Speaker, being on the floor a year for people to receive the health care mitment to graduate medical edu- ago, a number of us, working on this that they need and deserve. cation. Our esteemed colleague and issue of home health care, organizing a ranking member on the Committee on national rally to address home health b 1845 Ways and Means, the gentleman from care cuts, and at that time we said Tonight we are going to talk about New York (Mr. RANGEL) has recognized there were 1,200 agencies that had real pain that real people are suffering the importance of this issue and I am closed and that if nothing was done, we as a result of the deep cuts. pleased to be cosponsoring legislation, would see that double. We do not want Let me take just a moment in each of H.R. 1785, that would stabilize pay- to be right about that, but in fact, it the three major areas and then ask my ments to hospitals for the indirect has doubled. I do not want to be here a colleagues to respond as well. Let me costs associated with graduate medical year from now saying it has doubled speak to Michigan. I have had an op- education. again and people have lost their serv- portunity to travel across Michigan In the areas of nursing homes, the ices and that families have found them- speaking to hospital providers, nursing major feature of the balanced budget selves in horrible situations as a result October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9967 of trying to care for a loved one at the cuts come from the repeal of the of 1 percent increase in the payroll tax home or, at the same time, finding Buyer amendment, requiring minimum would extend the Medicare program an- themselves in a situation where some- payment guarantees for hospitals, other generation to the year 2032, but one needs to be placed back into the nursing homes and community health we have turned away from real solu- hospital or in a nursing home when centers. 10 years worth of cuts, $6.9 bil- tions and the impact of our hospitals is they could, in fact, be at home or be lion. exploding like a bombshell. with loved ones. There were several other provisions The 5-year impact of the balanced We have numerous examples, and I which were particularly cruel. The budget amendment will amount to $2.7 know my colleagues will speak to this phaseout of the health center cost re- billion. Large urban hospitals will ab- as well. imbursement with 10-year cuts totaling sorb more than $2 billion of those cuts What do our home health agencies $1.3 billion, and the counting of vet- in the State of Illinois alone. need? We need to first eliminate the 15 erans’ benefits as income with 10-year The State of Illinois has 20 congres- percent cut that is currently scheduled cuts totaling $200 million. sional districts. Thus, each district ac- for next year, October 2000. We need to Mr. Speaker, as disastrous as these counts for 5 percent of Illinois’ popu- establish a payment system to cover cuts are, they are not the end of the lation. However, my district, the 7th what are called outliers or the costliest story, or even the worst of the story. District, will absorb $468 million of the and most expensive patients that are The impact of the so-called Balanced Medicare cuts. That is 16.9 percent of difficult right now for home health Budget Amendment on Medicare has all the cuts in the State. Over the next agencies to serve as a result of the been even more staggering, and it is 5 years, in my district, hospitals will cuts. We need to provide overpayment not an exaggeration to state that the absorb cuts that are equivalent to relief. We need to revise the per-visit long-term existence of Medicare is not more than 75 percent of their 1997 base limits to at least 108 percent of the me- guaranteed. The byzantine logic of the year Medicare payments, and tertiary dium which is simply right now just Balanced Budget Amendment extended teaching hospitals will absorb more too low to cover the sickest and the the life of Medicare by slowing the rate than a billion dollars in cuts over the frailest patients. And, we need to de- of growth in Medicare’s payments to 5-year period. velop an equitable perspective payment providers and shifting some home So, I would say to the gentlewoman system for home health. health services out of Part A. But the from Michigan (Ms. STABENOW), this We can achieve these goals. We can Balanced Budget Amendment did noth- problem exists all over America and as fix this problem. We have in front of us ing to fundamentally address the prob- we move towards finding a solution, an opportunity. We are talking about lem of insuring the health of future the solutions that the gentlewoman budget surpluses for the next 10 years, generations of seniors. has articulated, the legislation that not budget deficits. We have people Medicare is based on the principle of she and others of us have cosponsored, that are not receiving health care in a spreading the risk for our seniors provides a tremendous opportunity to country with the greatest health care through a system of insurance funded move ahead and arrive at real solutions systems available in the world, and yet through our tax system. Medicare has to these problems. too many are not able to receive them. been one of the most successful Federal So, again, I commend the gentle- We can fix this, and I am pleased to- programs in our history. But now, woman for the leadership that she has night to be here with my colleagues Medicare faces new challenges, largely shown, for bringing us here this that are going to share as well in their because we are living longer. By the evening to discuss this issue, and I thoughts as they relate to how this af- year 2030, we expect that the number of trust that America will follow the lead fects their States. beneficiaries will double, reaching a of the gentlewoman and help us find so- Let me first call on the gentleman total of 76 million, or almost 20 percent lutions to this very serious problem, from Illinois (Mr. DAVIS) who has been of our population. This has raised ques- and I thank the gentlewoman. one of the leaders as well on this ques- tions about how will we continue to Ms. STABENOW. Mr. Speaker, I tion of restoring Medicare cuts. I am so fund the program. thank the gentleman from Illinois (Mr. pleased the gentleman is here this The Balanced Budget Amendment DAVIS) for his comments. I know that evening. shortsightedly attempts to address the his State of Illinois is not unlike Mr. DAVIS of Illinois. Mr. Speaker, I problem by saying that the govern- Michigan and all of us across the coun- thank the gentlewoman. Let me com- ment can no longer afford to pay for try right now are having those con- mend the gentlewoman for not only her health care for our seniors. The impli- versations with our hospitals and our leadership on this issue, but for the cation is that our Nation can no longer nursing homes and home health facili- leadership that she has provided on a afford health care for seniors and that ties, and most importantly with our number of issues not only affecting they should be left to fend for them- families that are represented and your home State of Michigan, but actu- selves for that portion of health care served by those providers who want to ally affecting the lives of people all no longer covered by Medicare. serve them, who are quality facilities over America. I am indeed pleased and Most Americans, though, reject such but are finding themselves in very dif- delighted to join with the gentlewoman a notion. We reject the notion that the ficult situations as a result of the Con- tonight as we talk about this problem. wealthiest Nation in the history of the gress. We can change that. It is up to Mr. Speaker, the Balanced Budget world cannot take care of the health of us and it is long overdue. Act of 1997 ushered in the largest cuts its seniors. This is an affront to those I would like now to call on another in Medicaid spending since 1981. Cuts who have worked all of their lives. It is colleague of mine from Illinois. Illinois estimated at $17 billion over five years, also not based on fiscal reality. By un- is filled with wonderful leadership and and $61.4 billion over 10 years. These dermining the concept of a universal I am so pleased to have a Member who cuts amount to and account for more insurance pool for all seniors, these has come to this body in her first term than 9 percent of the supposed savings cuts actually will increase the inequi- and has become an instant leader on a under the Balanced Budget Act. Two- ties and costs in the system. The so- number of issues, the gentlewoman thirds of the cuts in Medicaid are from called unrestricted fee-for-service plan from Illinois (Ms. SCHAKOWSKY), who is reductions or limits on dispropor- which removed the cap on what pro- here with us this evening to speak as tionate share or additional reimburse- viders are allowed to charge and the well. ments to hospitals. These are pay- Kyl amendment, which would allow Ms. SCHAKOWSKY. Mr. Speaker, I ments to hospitals serving a dispropor- providers to contract directly for serv- thank the gentlewoman from Michigan tionate share of low-income, Medicaid ices outside Medicare are direct at- (Ms. STABENOW) for yielding me this and uninsured patients. Ten-year cuts, tacks on the concept of a common in- time. I would like to thank the gentle- $40.4 billion. Twenty percent of the re- surance pool. woman from Michigan for her tireless ductions shift the cost of Medicaid work on this important issue and for deductibles and coinsurance while the b 1900 organizing this discussion tonight and very poor to physicians and other pro- While we debate the future of Medi- also to associate myself with the com- viders of care. Most of the remainder of care, and I would note that a one-half ments of my colleague from Illinois. H9968 CONGRESSIONAL RECORD — HOUSE October 13, 1999 Recently, I joined him some days not only for him but for our family as been a very important service. When ago, speaking out on the need to re- well. Half a million patients a year de- we look at all of these issues, it is the store payments for hospitals, particu- pend on hospice care. Since 1982, when continuum of care we are talking larly those hospitals that serve a dis- the benefit was initiated, millions of about. Unfortunately, when we are not proportionate number of uninsured and patients have been able to die in dig- adequately funding one area it just poorly insured patients, and those that nity and in comfort because of hospice. moves over into the next. So we need train medical professionals. Unless we act now to provide for pay- to look at this comprehensively on be- Unless we act now, Illinois hospitals ments, patients and families may be half of families. and hospitals across the country will unable to get the care and support they It is now my pleasure to turn to the have insufficient resources to provide need. gentleman from Massachusetts (Mr. the quality and timely care that our The hospice rate per day is supposed MCGOVERN), who is a sponsor of H.R. constituents deserve. to cover all the costs related to ter- 1917. The gentleman from Massachu- I also wanted to say that there was a minal illness, including physicians, setts (Mr. MCGOVERN) and I have been recent report by George Washington oversight services, counseling, pre- working together on this issue it seems University researchers Barbara Smith, scription drugs, home health aides. It like for a long time, too long, and I Kathleen Maloy and Daniel Hawkins allows hospice providers to provide co- know that he is deeply involved and which provides a clear warning signal ordinated care and keeps patients and cares passionately about this, and I that home health services are also families from having to deal with mul- want to thank the gentleman for his threatened by the cuts that the bal- tiple providers, at such an extremely leadership. He has been there since the anced budget amendment had. Three critical and emotionally draining time. beginning when we have been trying to million acutely and chronically ill sen- I speak from experience. resolve the issues, particularly around ior citizens and Medicare beneficiaries The plain facts are that the hospice home health care. I want to thank the with disabilities are depending on daily rate has not kept pace with the gentleman for his leadership. home health care services. cost of providing the hospice service. Mr. MCGOVERN. Mr. Speaker, I ap- Hospital stays are getting shorter. We believe that terminally ill patients preciate those comments and I too More and more Medicare patients are should receive pain medication and want to commend the gentlewoman being sent home with ongoing medical pain management, which is what my from Michigan (Ms. STABENOW) for her needs. In many cases, home health father needed, to make sure that their leadership and for her commitment on services, if available and appropriate, final days are not days of agony. In health care issues. I do not know any- are cost effective substitutes for hos- 1982, when the hospice benefit began, it body in this Congress who has fought pital and nursing home care. Despite assumed the drug cost would account harder for the rights of patients or for the overwhelming and growing need for for 3 percent of the daily rate. In to- quality care for all more than she has. quality home services, the George day’s dollars, that equals about $2.50 a She really has done a great job not Washington University study dem- day for pain medication, and that is only for the people of Michigan but for onstrates that the interim payment just inadequate. In fact, on average the the people of this country and I am system required by the balanced budg- cost of providing drugs to hospice pa- really proud to be part of this special et amendment is having adverse im- tients is between $12 and $14 a day. order tonight with her to talk about pacts. Because of cost constraints, the Some drugs may cost $36 a dose, like what we need to do to correct some of majority of home health agencies have Duragesic, a pain relief drug, or Zofran, the imbalances in the Balanced Budget already changed their case mix. They an effective anti-nausea drug. It costs Act and how we can make sure the peo- are looking for patients with less com- $100 a day, but if a person needs it, they ple get the quality health care that plex and less expensive problems, and need it. they deserve in this country. they are avoiding patients that have The resources are needed to make Let me begin by saying that, in my more complicated and more expensive sure that with new technologies avail- opinion, Congress made a mistake back needs. In other words, those people who able to treat acute pain symptoms that in 1997 when we passed the Balanced are most in need of home health serv- those technologies actually get to Budget Act. I voted against the Bal- ices are most at risk of losing them. those who need them. Not only does anced Budget Act back then because I The study concluded that in reaction hospice make sense for patients, it thought the cuts in Medicare were too to patient cuts, home health services makes sense for Medicare as a whole deep, were too drastic, but I did not re- are cutting staff but not just the ad- because it is such a cost effective way alize then and I do not think the most ministrative staff but specialists, such of providing care. ardent supporters of the Balanced as occupational and speech therapists A 1995 Lewin study found, for exam- Budget Act realized then, that the cuts and, again, quality care is being com- ple, that every dollar spent on hospice would be as deep or as drastic as they promised. Those payment cuts are hav- actually saves $1.52 in Medicare dollars have turned out to be. ing a serious effect on patients, and that would otherwise be spent. I hope As has been pointed out, CBO has they are also costly. Evidence is that we will act to provide adequate analyzed that the cuts are about $200 mounting that without adequate home hospice payments. The first step would billion more than anticipated. That is care more Medicare patients are being be to ensure that hospice providers re- a lot of money, even by today’s stand- readmitted to hospitals and nursing ceive their full Medicare update so that ards. That means that hospitals and homes, adding to health care costs. payments more accurately reflect ac- home health care agencies and other Clearly, we need to act now to restore tual costs. It is the compassionate health services are being cut by $200 home health service payments to ade- thing to do. It is the medically appro- billion more than Congress even antici- quate levels. priate thing to do. It is the right thing pated those cuts to be. Before I conclude, I want to talk a to do. I think part of our job as legislators little bit about the effect of payment Again, I want to thank my colleague, is to fix what is wrong. Even if we pass cuts on hospice care. Many of us have the gentlewoman from Michigan (Ms. something that, with good intentions, had the experience of caring for a loved STABENOW), for organizing this discus- if we look back on it and realize that one who is terminally ill. My beloved sion. mistakes were made we have to have father, Irwin Danoff, lived with me and Ms. STABENOW. Mr. Speaker, I also the courage and we have to have the my husband until he died in 1997, and thank the gentlewoman from Illinois fortitude to fix it. I think this is one we were fortunate enough to have hos- (Ms. SCHAKOWSKY) for her comments. I such case. pice care provided by the wonderful am so pleased that she raised hospice. Now, there is not a person in this people at the Palliative Care Center of That is such an important service. In House who has not met with hospitals the North Shore. Michigan, I was pleased as a member of in their districts, who has not met with At a time of great need, hospice pro- the State House of Representatives to home health care agencies in their dis- vided medical care and medical devices help pass the law that we now have on trict or visiting nurse associations or but so much more; the comfort, the the books in Michigan, and I know for people who run hospice centers or dignity, the support and the respect my own family as well that hospice has nurses or doctors or patients who have October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9969 not complained about these cuts in the have arisen, and they have allowed I will conclude here by simply posing Balanced Budget Act. families to stay together. They have a question as to whether or not we In my State of Massachusetts hos- done so in a way that I think is very have the political will to fix this prob- pitals will lose $1.7 billion over 5 years. cost efficient. lem. We certainly have the resources. That is a pretty hefty amount of Now, because of the cutbacks in the We certainly have the money. As the money. The bad news is that they have balanced budget act, in Massachusetts, gentlewoman from Michigan pointed yet to face 90 percent of the cuts. The since 1997, over 20 agencies have closed. out, we are not dealing with deficits in worst is yet to come. When an agency closes, that means 1999. We are dealing with surpluses. I have hospitals in my district, that that person, who used to rely on The question is: What are our polit- teaching hospitals and community hos- that agency for home health care, has ical priorities? Do we want to make pitals, that are very good, that really I to try to find another agency to pro- sure that hospitals have necessary think are models of efficiency, that vide the home health care; and, often- funding? Do we want to make sure that provide good quality care to the people times, they cannot do it. home health care agencies do not who utilize them. They are getting Oftentimes, they may be the sickest close? Do we want to make sure that frustrated with the remarks that come of patients, and they can have a dif- hospices are adequately funded to out of Washington that they just need ficult time trying to find another agen- make sure that health care facilities to trim the fat a little bit more and ev- cy who will want to pick them up. have the funds to be able to employ erything will be okay. Well, to those Therefore, they are then forced to deal enough nurses and enough doctors? who say that hospitals need to trim with the reality that they have to go If that is our priority, then we are more fat, I would invite them to my into a long-term nursing care facility. going to act, and we are going to make district to tour through some of the To those who think we are saving sure that we have a budget that fixes hospitals that are located in my dis- money, the reality is we are not. It is some of the problems as a result of the trict and they will realize that there is a heck of a lot cheaper to provide Balanced Budget Act. somebody home health care every sin- no more fat to trim. The other question is: Will the Re- In fact, what hospitals are cutting gle day of the week than it is to force publican leadership of this Congress that person into a long-term nursing back on now are programs that benefit allow us to fix some of the mistakes care facility. the elderly, that benefit children, that that were made in the Balanced Budget So what we are doing here in Con- Act? Will they allow us to bring legis- benefit the neediest people in our com- gress really is not controlling health lation to the floor? Will they allow us munities. What hospitals are doing now care costs. What we are doing is actu- to have input on the budget so we can is they are cutting back on their nurs- ally inflating health care cost because actually fix this problem? Or is it going ing staff. I was recently visited by a the cost to care for these people is to be business as usual? Are we going CEO of one of my hospitals who told going to increase, not decrease. me he used to make it a practice over I will say one other thing. If we do to let this thing just pass and more the years to visit the various floors in not fix this problem now, the governors people will suffer as a result of it? his hospitals and talk to the nurses and of our States across this country are Make no mistake about it, if we do try to find out what he needed to do to going to realize that Congress had just not fix this, we are going to see more make their jobs easier, what he needed handed them a big unfunded mandate and more hospitals close. When a hos- to do to make the quality of care pro- on their States, because when some- pital closes in the community, it is not vided to patients better. body goes into a long-term nursing easy for the people of that community. It is not easy just to go to the next b 1915 care facility, that is funded mostly by Medicaid, and the States pay a large hospital, because the next hospital He says that recently because of the portion of that. may be several miles away. cutbacks when he goes by and tries to So when the governors of this coun- When a home health care agency talk to the nurses, they do not have try start to realize that their State closes in an area, that means that peo- time to talk to them. They are so over- budgets are going to have to take more ple are going to lose their home health whelmed, they are so overburdened and more of their resources and put it care and be forced with the difficult with the patients because they are so into Medicaid to pay for what is hap- question as to whether or not to have short staffed that they do not have the pening, and that is people going from to enter long-term nursing care. time to talk to him anymore. homes into long-term nursing care fa- When patients are denied care, when What is happening is that the quality cilities, we are going to see the switch- programs are closed, people suffer. I of care that this hospital and other board up here on the Capitol light up, think that all of us in this Congress hospitals used to provide to patients is and justifiably so. have heard loud and clear from our suffering. Nurses are doing a great job. We should not be passing these costs constituents all across this country They are doing an incredible job. But on to the States. It is not fair. Every about what the adverse impacts of this in too many hospitals, in too many cost we pass on to the States means Balanced Budget Act have been. I health care facilities, they are being the States are going to have less think we have an obligation, we have a overworked. That is happening because money for education, less money for moral duty to fix it. We have an oppor- of what we have done in this Congress, transportation, less money for the en- tunity now to fix the inadequacies of and we need to fix it. Again, it is not vironment. It is simply wrong, and we the Balanced Budget Act. I hope that just teaching hospitals, it is commu- need to do something about it. we do it. nity hospitals. Hospitals all across the I have introduced a bill, as the gen- I will be working and fighting along- country are paying a price. tlewoman from Michigan pointed out, side the gentlewoman from Michigan Now, we also have a problem with H.R. 1917, the Home Health Care Access (Ms. STABENOW) who I know will be out home health care agencies. As the gen- Preservation Act, that would deal with there leading the fight, as she always tlewoman from Michigan (Ms. providing coverage for the sickest pa- has, to make sure that people get the STABENOW) pointed out, we have been tients, the so-called outliers, the pa- quality care that they deserve. I again working on this issue since 1997. tients that tend to be the most costly. just want to thank her for all the won- Home health care was a wonderful We do not want those people to fall derful work that she has done. Again, I phenomena. It allows families to stay through the cracks. meant it when I said it in the begin- together. If a loved one is sick, in the This is a modest step to try to help ning, that I do not know of anybody in old days, before home health care, one deal with some of the adverse impacts this Congress who has fought longer would end up having to put that loved of the Balanced Budget Act with regard and harder for good quality health care one into a long-term nursing care facil- to home health care. I hope that this for people than she has. I am proud to ity, because one was just incapable of Congress will act on it. We have over be here with her today. being able to care for that person at 100 cosponsors. It is a bipartisan list of Ms. STABENOW. Mr. Speaker, I home. cosponsors. We need to do something thank the gentleman from Massachu- Home health care agencies or visiting about that, and we need to do some- setts. He is absolutely correct. This is nurse associations across the country thing now. a question of priorities. This is about H9970 CONGRESSIONAL RECORD — HOUSE October 13, 1999 our deciding what the priorities for the stay strong, make sure that there is a ple have the very best health care in country are. prescription drug benefit for all Medi- the world. I remember a few months ago when care eligible senior citizens? Are we I mean, this is the United States. We colleagues in this House and Senate in going to do that, or are we going to have the finest health care technology, the majority felt that the priority was blow this opportunity? the best doctors, the best nurses, the a tax cut, a tax cut that was geared to We have a moment in our history best facilities in the world. The prob- the top 1 percent wealthiest individuals where, because of a good economy, we lem is that a lot of people cannot take in the country, and they were able to have this surplus. If we cannot fix advantage of them because they do not pass a tax cut that took basically all of these problems now, if we cannot ex- have the resources or the money to do the on-budget surplus, almost $800 bil- tend some of these benefits now, then so. lion, much more than we are talking when will we be able to do it? The gentlewoman from Michigan has about here. Ms. STABENOW. Mr. Speaker, I to- heard from her constituents. I have We are talking about less than a tally agree. I would much rather be heard from my constituents. People tenth of that, few percentage points of here, as I know the gentleman from come into my office because their that to help with Medicare so that peo- Massachusetts would, talking about loved one has just lost their home ple have health care that they need how we modernize Medicare with the health care or because their HMO will when they need it. So the priority was prescription drug coverage than to say not reimburse a particular service that to do that. The President said no. He that we are here having to talk about they had done because they are being vetoed that. restoration of cuts or hospitals closing, told because Medicare reimbursements or because of caps on therapy, because We now have an opportunity to come literally closing. back and do what I know the gen- I do not think there is yet a total un- of programs that hospitals have that tleman from Massachusetts (Mr. derstanding of the depth of the cuts are being cut off. I mean, it is painful to watch as peo- MCGOVERN) and I have been saying all and the suffering and the struggle that ple come into our office and tell us along, which is put Social Security and is going on today; whole hospitals clos- these sad stories. But what is more Medicare first. The first step with ing or maternity wards closing or home frustrating than listening to these sto- Medicare is to restore the cuts. We health agencies. ries is the fact of knowing that we have have to do that so that we can then go A wonderful agency that I have the ability to fix this, and so far we on to strengthen it. worked with in Brighton, Michigan, have not done it. I often think about the fact that, in the first time I visited there, it was I think we just need to keep the pres- my mind, Social Security and Medicare two floors with nurses, home health sure on, and I hope that the people who are great American success stories. providers on two floors that were serv- are watching will keep the pressure on, Prior to Social Security, half of the ing people in Livingston County. I because we have an opportunity to, American seniors were in poverty. went back after the BBA was enacted. right now. This budget deal should not Today, it is less than 11 percent. Prior It is now one floor. The other floor is go through unless there are some real to Medicare being enacted in 1965, half totally empty. fixes in there for hospitals. We are the seniors could not purchase insur- What does that mean? That means going to do a weekend here to fight the ance, could not get health insurance. those home health nurses, those indi- good fight. Today one of the great things about viduals that were providing care to I again thank the gentlewoman for our country is that, if one is 65 years of people in their homes are no longer this special order and for all of her age, one knows, or if one is disabled, available there to do that. It also great efforts. one knows that one is able to have means job loss. We are talking about Ms. STABENOW. Mr. Speaker, let me basic health care provided to one in supporting small business. just say in conclusion as well, I again this country. This is something we When a hospital closes, when Henry thank the gentleman from Massachu- should be proud of. I do not understand Ford Health Systems has to lay off or setts (Mr. MCGOVERN). I thank my why it is now, when we are faced with early retire 1,000 people, those people other colleagues. To those that are the opportunity to decide what our are caring for their families. We are having the opportunity to listen this American priorities are for the next 10 not just talking about the care, we are evening, I would hope that they would years, why we are fighting with the talking about jobs, incomes, the ability pick up the phone and call their Rep- majority to restore what everyone of people to care for their own families. resentative, call their Senator, be in- agrees were cuts that went too far. So this is serious. volved, e-mail, mailings, whatever Mr. MCGOVERN. Mr. Speaker, I just My concern is that we have a very means they have of communicating. want to echo what the gentlewoman short window of opportunity now to fix Now is the time to do that. from Michigan has just said. When I go this, 3 weeks, 4 weeks possibly, cer- b 1930 around to my district, what people are tainly just a matter of weeks. We know We do have the best health care sys- talking about is, not tax cuts for the there are bills that have been intro- tem in the world. But right now we are wealthy, but they are talking about duced. There are people that are talk- in a situation where we are jeopard- good quality health care for all. They ing about the issue. We need to get be- izing people’s health, people’s quality are talking about expanding Medicare, yond the talk. The gentleman from of life, and in many cases, unfortu- which I have yet to find anybody who Massachusetts and I have been talking nately, their lives. And it is not nec- thinks that Medicare is a bad idea. Ev- about this for a long time. It is now essary. This is fixable. We can do some- erybody in my district thinks it is a time to do something about it. thing about it. Medicare works. It is a great idea. It is one of the most suc- Mr. MCGOVERN. Absolutely. Mr. great American success story. We need cessful social programs in the history Speaker, one thing I hope that we do in to make sure we keep it that way. of this country. They want to expand this Congress is, not simply pass sense f Medicare to provide a prescription drug of Congress resolutions to say that we benefit. They would rather have a pre- feel your pain, I hope we pass legisla- FEDERAL GOVERNMENT BAL- scription drug benefit than see Donald tion that has some teeth in it, that ac- ANCES BUDGET WITHOUT DIP- Trump get a tax cut. tually puts some of the money back PING INTO SOCIAL SECURITY Those are the choices we are faced into hospitals and health care in this The SPEAKER pro tempore (Mr. with right now. We have a surplus, as country. COOKSEY). Under the Speaker’s an- the gentlewoman pointed out. The re- People are suffering all over this nounced policy of January 6, 1999, the sources are there. Are we going to take country because of these cuts. And we gentleman from Colorado (Mr. SCHAF- that surplus, invest it in Social Secu- have an obligation in this Congress to FER) is recognized for 60 minutes as the rity, invest it in Medicare, make sure fix the problem and to take some of designee of the majority leader. that hospitals have the funding that these resources that have been gen- Mr. SCHAFFER. Mr. Speaker, this they need, make sure that we have erated by a strong economy, that have evening I will lead a special order on enough nurses and doctors, make sure produced this surplus, and put it back behalf of the leadership of the majority that our home health care agencies can into health care to make sure that peo- party. Our focus tonight is to talk October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9971 about a number of remarkable events health care. We hope this will go a long budget not on target for the year 2002 that have occurred today, not the least way toward resolving the problem. but a full 4 years ahead of schedule and of which was the announcement that Mr. SCHAFFER. Mr. Speaker, re- in fact in 1999 balanced without dipping the Federal Government has in fact claiming my time, I look forward to into the Social Security revenues. balanced its budget for 1999 and it ap- the return of the gentleman to con- Again, a remarkable success. pears to have done so without dipping tinue discussing some additional top- I will tell my colleagues how remark- into Social Security at all. ics. able it really is. If we look at what This is a long-standing goal of the Again, I want to go back to the news Congress projected back in January of Republican party and one goal to that was revealed here in Washington 1995, here is where we saw the Social which we are exceedingly proud to rep- today. In fact, I brought with me a Security deficit projections at that resent. copy of the New York Times. This is an point in time. But before I get into that subject, I article that my colleagues would find if In 1995, we expected that in 1999 we want to yield the floor to the gen- they ventured back to page 18–A. It is may be seeing a $90-billion deficit in tleman from Michigan (Mr. EHLERS). kind of remarkable, I point that out, Social Security projections for this Mr. EHLERS. Mr. Speaker, I thank because this is a landmark announce- year for 1999. We beat those odds. We, the gentleman for yielding. I do plan to ment and many in the media are hop- in fact, managed not only to balance participate in part of his discussion. ing that this kind of news remains bur- the budget but to exercise the kind of But before we get into that, I just ied in the back of newspapers. regulatory restraint and concern for wanted to respond to the comments of In fact, if my colleagues look this up tax relief that really stimulated eco- the previous speakers on the issue that on the New York Times website, they nomic growth throughout the country was being discussed and just give some find it even deeper into the paper. But that allowed the American people to additional comments. I wanted to bring it on the floor today beat those numbers, to beat those pro- Today, the gentleman from Cali- and magnify the impact of the article gressions from back there in 1995, to do fornia (Mr. THOMAS) had a press con- to show the impact and how big this it in a way that allowed us to balance ference at which he announced the de- really is. the budget in 1999, without dipping into velopment of a bill dealing with the Yesterday, the Congressional Budget Social Security. Medicare issue and which the amount Office announced that the Government Once again, the article that we find of money to be appropriated as well as may have balanced the budget in fiscal in the New York Times and elsewhere administrative actions we are request- year 1999 without spending Social Se- around the country this morning is one ing be taken from the President will curity money. that I really hope the American people resolve the problem and will deal with Now, that is a remarkable accom- have an opportunity to evaluate and to all the issues and problems that were plishment. There still remains some consider. Because what this article mentioned by the preceding two speak- additional accounting that needs to tells us, Mr. Speaker, is that we are far ers. come forward as we shore up those ahead of schedule, we are far further I also want to clarify, as Paul Harvey numbers. But as of yesterday, it ap- along at this point in time than the says, to give the whole story; and that pears that we balanced the budget in American people ever gave us credit for is that many of the points that they 1999 without dipping into the Social Se- when we took over the Congress. were belaboring the Republican party curity Trust Fund. This is an example of the Congress for are in fact a direct result of the ac- Now, I just cannot overstate at all under promising and over delivering. tions of the President and of his em- the magnitude of this announcement And I just cannot help but to remind ployees, particularly those at the and how important this is. When the the House one more time that that Health Care Financing Administration. Republicans took over the United promise that I described as under They have cut far more deeply than the States Congress back in 1994, they promising was made back in 1994 to legislation the Republicans got pledged to balance the budget by the balance the budget by 2002 at the time through asked them to do. year 2002; and that seemed at the time seemed like it was insurmountable. As a result of that, the home health to be a reasonable time frame to get to In fact, there is a quote in the article care agencies are severely in trouble, the point of balancing the budget. It from an individual named Robert the rural hospitals and skilled nursing was misrepresented by many. Reischauer. He is the Director of the units are also in trouble, and even the In fact, if my colleagues remember Budget Office or was from 1989 to 1995. major city hospitals are in trouble. some of the rhetoric coming out the Listen to what he says. He says, ‘‘If The other factor that should be men- White House and from some of our any budget expert told you in 1997 that tioned is that the President, who does friends on the left side of the aisle, we would have balanced the budget in have the responsibility for this and they claim that balancing the budget 1999, that person would have been com- who has criticized us for not acting on would represent some kind of undue mitted to an asylum.’’ this, has not come to the Congress with hardship on the American people, that Now, that is said with tongue in any suggestions of how to deal with it balancing the budget entails drastic cheek certainly, but I think it shows and has not initiated any actions as a and dramatic cuts in Federal programs. the drama of how Washington has just result of the problem, although much If my colleagues remember, they been rocked by this particular an- of it he could do administratively talked about the notion that we would nouncement and decision. through requests directed to the see seniors out on the streets and we We have moved forward with a plan Health Care Financing Administration. would see children who would be denied to try to stop the President’s raid on So there is more to the story than meals and things of that sort and op- Social Security. The President pro- was explained in the last 60 minutes, portunity for education. But balancing posed when he stood here at the ros- and I just want to make sure everyone the budget really did not entail dra- trum just at the beginning of the year in the House and in the Congress, as matic cuts in spending. It did entail re- to deliver a State of the Union address well as in our Nation, is aware of the ductions in the overall growth of Fed- and laid out a plan to once again dip fact. It is a broader story. The Presi- eral spending over a certain time into the Social Security revenues to dent has not acted as we think he frame, and we did that to the extent balance the budget for this year. He should have. that we allowed the American economy moved forward on his plan and his par- Furthermore, the Health Care Fi- to catch up with Washington’s spend- ty’s plan to move forward to a balanced nancing Administration has cut more ing habits by changing the appetite in budget, again dipping into the Social severely than the Congress intended; Congress to spend and spend and spend Security program in order to accom- and Congress has taken action and will and to reform the attitude that used to plish that. conduct a hearing on that, in fact, and be very prevalent here to one of fru- Well, the Congress has a very dif- final action on the bill in committee gality. ferent message for the President, and this week to ensure that the additional We allowed the American people to that is we do not need to dip into the funds will be allocated for hospitals, catch up with the spending in Wash- Social Security Trust Fund any longer. skilled nursing units, and for home ington, and it resulted in a balanced We should stop the White House raid H9972 CONGRESSIONAL RECORD — HOUSE October 13, 1999 on the Social Security Trust Fund and The other point I would make about you wonder why we have an almost $6 we should move forward on a better the comment from the gentleman from trillion national debt at this point, you plan to allow Congress to balance the Colorado (Mr. SCHAFFER), and he has can recognize what happened in those budget and live within its means with- hit it right on the nose, once again, it years. You just look to it, and see that out robbing the security of current re- amuses me, a couple of months ago we they just kept the spending on and tirees and future generations. were being wrongly criticized by the added it to the national debt. I do not Mr. Speaker, I yield to the gentleman folks on other side of the aisle that Re- want to imply that you are wrong in from Michigan (Mr. EHLERS) who has publicans were raiding Social Security any way, but the point is simply they returned and joined us again. of all things. How could we do that? could not take any in those few years Mr. EHLERS. Mr. Speaker, I thank That was terrible. And even my Repub- because there was not any. It was the gentleman for yielding. I would lican colleagues are starting to feel bad about 6 years longer. like to make a few additional points. about this. Are we really doing that? Mr. SCHAFFER. I appreciate the First all, we talked in the past year We must not do that. gentleman making that correction. about the tax cuts and the need to give So I got up and spoke at the Repub- I yield to the gentleman from Mon- money back to our citizens if we have lican Conference a few weeks ago and tana. a surplus. But let me point out to my said, hey, folks, remember, we may Mr. HILL of Montana. I thank the colleagues how the citizens of our possibly dip into the Social Security gentleman from Colorado for yielding. country are getting more money back reserve just a little bit yet this year I just want to reiterate the point that than we could give them through a tax and not do it next year, but I do not for 40 years when the other party con- cut. think we will even have to do that. But trolled the House of Representatives, Now, how could that possibly be? The remember that the last several years not one penny was set aside for the fu- point is simple. When I came here in the Democrats have not just dipped ture of Social Security. When there late 1993, early 1994, we were running at into it, they have run off with the were surpluses, they were spent. Obvi- an annual deficit of over $300 billion whole pot. They have spent every sin- ously one of the reasons that there per year. We were going in the hole gle cent of the Social Security reserve were increases in Social Security taxes that much every year, using every for the past few years. is because the surpluses were spent and penny I might add of the Social Secu- Now, that is intolerable and it cer- eventually went into deficit which in- rity surplus. And then in the space of a tainly means that they cannot criticize cidentally is what the problem is. One short time, 5 years, we have changed us for any actions we take in that re- of the problems that we are facing is that. And instead of a $300-billion def- gard this year but, rather, should that sometime around 2014, 2015, there icit way done here, we are now up to thank us and congratulate us because are not going to be Social Security sur- over a $100-billion surplus. This is a we are determined not to touch this pluses again. The account will go into $400-billion difference. Social Security surplus, which is gen- deficit. That is, the taxes going in will Now, why does this help the people? erated because people are paying more not be enough to pay the benefits going It helps them in a lot of ways. First of into Social Security than is currently out. If we do not set aside the surpluses all, we do not have as much interest to be being taken out. And that money now, those extra dollars that are being pay as we would have otherwise. But has to be saved for the future when the paid in, the excess Social Security more directly, every economist I have current people paying it in will retire taxes, if we do not lock them away now talked to says, because we are not out and need their money back. for that purpose, then we are going to there as a Government borrowing these Mr. SCHAFFER. Mr. Speaker, this be faced with the kind of choices which huge amounts of money, the interest Congress has not balanced the budget were faced in the early 1980s which are rates will go down and their estimate without dipping into Social Security massive tax increases or cut in bene- is the interest rate has dropped be- since 1960. We have to go back almost fits. In fact, what the trustees of Social tween one percent and two percent 40 years to find a schedule when the Security say is that it is going to be a simply because we have balanced the Congress acted in a way that honored 25 percent reduction in benefits or a budget and we have a surplus instead of and respected the full intent of Social one-third increase in the taxes in order the deficit. Security and did not use the trust fund to keep it solvent. That is why main- Now, how does that affect the aver- as some kind of a slush fund. taining the discipline that got us to age citizen? Just think about that for a this point is so important. b moment. If the interest rates, just 1945 I just want to point out a couple of averaging the numbers they have You have to go back quite a long things that I think kind of have been given, is about 11⁄2 percent lower, and ways. In the ensuing 40 years that the forgotten, I think many of my col- recognizing that the average American other party, the Democrat Party has leagues have forgotten, because it is a home is worth $100,000 and so people run this Congress, their record and leg- whole host of policies that were imple- have gone on to get a mortgage of acy to the American people has been a mented with the new majority. When roughly that amount for their first perpetual use and abuse of the Social the new majority, when Republicans home on a $100,000 mortgage, a 11⁄2 per- Security trust fund by year after year took over the House, let me remind cent difference in interest rates means after year dipping into that trust fund you where we were. We had sky- they are saving $1,500 per family, just in order to pay for the wants and de- rocketing debt. Medicare was on the on the mortgage every year, they are sires of people here in Washington, D.C. verge of bankruptcy. Social Security saving $1,500 a year because they have It is a great day when we are able to was facing bankruptcy. We were swim- a lower interest rate on their mort- turn the tables, turn things around and ming in red ink. We had a record tax gage. go back to the ways the Congress used increase. If you recall in 1993, President That is astounding. That is bigger to run the budget, and, that is, to pay Clinton and Democrats passed the larg- than any tax cut we talked about giv- for the things that government wants est tax increase in the history of the ing them, even though we had proposed to spend with the dollars that are on country. So when Republicans got a very healthy tax cut in the Repub- hand today and not borrow and raid the elected to Congress, what did we do? lican tax cut proposal. But we actually Social Security trust fund. We said, ‘‘First of all, we have got to have given them more money back al- Mr. EHLERS. Just a brief comment reform government.’’ We said, ‘‘Let’s ready just by balancing the budget and on that, and a slight correction, but reform welfare.’’ That helps us two having a surplus because it has affected the correction is to make a point. ways. One, it can reduce the burden on the economy. And this applies to pur- There were several years in the late the budget, but the other thing is that chases of cars, credit card debt, any- 1970s when Congress did not take any- when people are working and paying thing of that sort. thing out of the Social Security sur- taxes, they are adding to the equation So the average American is saving a plus. The reason for that is that there rather than taking from the equation. lot of money just because we have bal- was no Social Security surplus. So We said, ‘‘Let’s shift power to the anced the budget, and that is very im- what did they do? They still overspent States,’’ give States the authority to portant to remember. but added it to the national debt. If run programs more efficiently and use October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9973 that money better to get more done. job creation and wealth creation and more distinction between what they We did that. We said we would balance economic growth, we lowered the tax consider progress on the Democrat side the budget. How would we do that? We burden on the American people, we al- and what we consider progress. Their said rather than balancing the budget lowed the American people through the idea of promoting education oppor- the way the President proposed, by power and economic strength of a free tunity in the United States of America raising taxes, we were going to do it by market capitalistic system that the is taking tax dollars from the Amer- constraining spending. And, in fact, we United States represents to create ican people, confiscating those tax dol- eventually lowered taxes. more wealth in America, to catch up lars, requiring them to be sent here to And so we saved Medicare from insol- with Washington, D.C., to surpass Washington, D.C. so that politicians vency. People forget that just 3 years where we were in 1999 in spending to can redistribute that wealth to the ago, we were facing the insolvency of allow us to begin to pay down the debt American people in general or to dif- Medicare this year or next year. Now it quicker, to allow us to focus on tax re- ferent political projects and so on, but appears as though Medicare is going to lief that will enable us ultimately to at times to government schools. That be solvent well into the next century, stimulate economic growth even fur- is a fine thing. There is a legitimate sometime around 2015, without any ther, to put more Americans back to cause for the Federal Government to changes, and certainly we can make work by reforming the welfare system appropriate dollars for education. I do changes to extend that further. It and creating more jobs, to create a not dispute that at all. But we can do makes me breathless to think of how stronger and more vibrant education even more. By balancing our budget, by much we have accomplished in 3 years system throughout the country, to es- being fiscally responsible here in Wash- or 4 years of a Republican Congress. tablish as a top priority defending our ington, D.C., that allows the American But there is more to do. If we are real- Nation through a strong national de- people to be full participants in an aca- ly going to save Social Security, if we fense system. demic marketplace, picking and choos- are going to make changes to Medicare Americans frankly have to look hard ing the kinds of academic settings that that we know that need to be made, we to find these kinds of articles, because make the most sense for them, picking have got to maintain the spending dis- the White House and the President’s al- the kinds of programs that will most lies in the national media like to put cipline. directly allow them to enter into the If you think about it, and I thought these great big stories on page A–18 as workforce, whether that be through a about this, on every single appropria- we can see right here in the New York traditional liberal arts education or tion bill that we passed, the leading Times. You have to flip a few pages be- one that is involved in technical train- fore you find a landmark announce- Democrat on the Committee on Appro- ing of various sorts. That is the point ment like this that the ‘‘Budget Bal- priations has come to the floor and he that the gentleman from Michigan has ances Without Customary Raid on So- has made the following statement: really led this Congress on. I yield to cial Security.’’ Look at the headline ‘‘This is a great bill; it just doesn’t the gentleman on that note. right there. How many years have we spend enough money.’’ The problem is Mr. EHLERS. I thank the gentleman been working for this very goal and that we have spent all the money that from Colorado for yielding. Let me just President after President after Presi- make a couple of final comments on there is, all the surplus there is except dent stood right up there at that po- Social Security and then I will say Social Security. If we are going to dium, speaker after speaker has come something about education. spend anything more than what we down to these microphones in the well, propose to spend, it is going to start I happened to pick up this morning a party after party have all stated this sheet from the Committee on Appro- the raid on Social Security again. That as a primary goal, only one party has is where we have to maintain the dis- priations’ office because I was inter- managed to accomplish that, it is the ested in digging out these numbers. cipline. We have to maintain the dis- Republican Party and we managed to The chairman of the Committee on Ap- cipline on the rate of growth of spend- do that within the last 6 years that we propriations had managed to get this ing if we are going to maintain this have been running the Congress. balanced budget and if we are going to This is truly a big announcement. out last week. In terms of the money save Social Security for the long term. Doing something in Washington some- taken from the Social Security trust Mr. SCHAFFER. The Democrats on times means stopping the bad ideas fund to help balance the budget, if you the other side of the aisle like to ac- that emanate from the other end of go back to 1960 as you mentioned ear- cuse Republicans, particularly in this Pennsylvania Avenue. As I stated ear- lier, the problem starts then but the Congress have engaged in what they lier, the Clinton-Gore spending pro- amounts are fairly small. Nothing in call a do-nothing Congress. I guess if posals entailed raiding the Social Secu- 1960, $431 million in 1961, then really you evaluate progress in Washington rity trust fund this year to the tune of low again, then up to $600 million, but based on their standards, we may be about $32 billion. That is equivalent to very modest amounts, until 1967. What guilty of that because their standards the yearly Social Security income for happened in 1967? President Lyndon involve creating new programs, build- one out of every 10 seniors. Let me re- Johnson, with the unfortunate agree- ing new government regulatory struc- state the number again. The Clinton- ment of the Congress, combined all the tures, manipulating a tax code which Gore plan proposed to raid the Social money in the Federal budget into what usually results in taking more money Security trust fund by $32 billion this is called the unified budget. Now, that from the American people and bringing year. That is equivalent to a 10 percent sounds nice but I have to tell you, I it here to Washington. I am not mak- cut in every senior’s Social Security was angered back then. I was not in- ing this up. They have a 40-year record check. By raiding the Social Security volved in politics at all. I never of coming to this floor and solving trust fund as the Clinton-Gore plan en- dreamed I would be involved in poli- every problem in America by creating tailed to the tune of $32 billion, their tics. But I thought that was voodoo ec- new programs, new government, new plan was equivalent to every senior cit- onomics, to coin a phrase, that they bureaucratic structure, new rules, new izen not receiving a Social Security were cheating, because they were tak- regulations, new laws, new taxes, new check for the entire month of July. We ing all the funds, the gas tax trust fund ways to spend it. That seemed like real accomplish something big by stopping that people pay to get roads built, the progress to them. The result is trillions those ridiculous plans that come out of aviation trust fund, the Social Secu- of dollars in debt and overexpenditures. the White House. It allows seniors to rity trust fund, Medicare trust fund, So while we have been accused of have a more comfortable retirement combined it all into one. And then look being a do-nothing Congress, I think and enjoy their golden years, it allows at the figures of what happened after the record is quite the opposite and for economic growth, to put more peo- that. Immediately, that year, almost $4 now we are starting to see the fruits of ple back to work, it allows for Ameri- billion, the highest amount that had that quiet, behind-the-scenes labor cans to afford more education for their ever been taken out of the Social Secu- that we have been involved in day after children and for themselves when it rity trust fund. And it continues to be day after day. The results are we got comes to higher education. high, partly to cover the cost of the government out of the way in many Before I yield again to the gentleman Vietnam War. Then it dropped down in areas where business is concerned and from Michigan, let me just make one 1976 to zero. Why? Because there was H9974 CONGRESSIONAL RECORD — HOUSE October 13, 1999 no surplus left in the Social Security ate; it is our job to try to help them in are going to lose 2 million teachers in fund. And then in 1984, 1983 and 1984, we ways that they determine are best, and the schools. There is going to be a revamped the Social Security tax and so that we should serve as a resource great shortage, and that is something really increased it. It is now for many for the local and State governments as the Federal Government can help with people, the lower income people, the they attempt to run our schools and through various scholarship programs highest tax they pay, for Social Secu- that our program should make sense. to make sure that we get the best pos- rity. So there is a fresh influx of Furthermore, it is our philosophy that sible teachers, we train them the best money. And immediately the Federal the Federal money should go directly possible way and we make sure we keep Government began using that money down to the local schools where it will them and that they do not go off to once again to cover the deficits. It goes do some good. other jobs. up, it starts modestly again, $212 mil- Right now, current estimate I am Mr. SCHAFFER. Mr. Speaker, I lion, before long it is up to $58 billion, aware of is that only about 65 percent would like to yield back for a couple of then continues all the way up to $60 of the education dollars from Wash- questions perhaps and just some obser- billion in 1995 and so forth, until we fi- ington actually get down to the class- vations. nally got in office and started chopping room. Thirty-five percent is lost in ad- Your expertise is in science, is in it down. ministration and other parts of the bu- physics, and, you know, the third inter- Now, the other point I would like to reaucracy. Our goal, by virtue of a res- national math and science study was comment on is the one made by the olution we passed just yesterday, is to released, I think about a year ago, gentleman from Montana (Mr. HILL), get 95 percent of the Federal money showing that there is something to be about this is not the end-all just be- right down in the classrooms where it concerned about in the United States cause we balanced the budget. We have will do some good. where our graduates are concerned and to make up for all that money that was Also, it is not the Republican philos- their competitive rating compared to taken out and basically is added to our ophy to mandate precisely how that the rest of the world. Our results were national debt. We have to begin paying money is to be used. Just compare, for not quite nationally where we would back the national debt to correct the example, President Clinton’s proposal like to see them, but to contrast that problems we have had ever since Presi- to provide 100,000 new teachers. Now we see pockets throughout the United dent Johnson went in the other direc- that is a noble gesture, but what would States where school districts and spe- tion in 1967. I am very pleased that last be accomplished? Governor Wilson in cific schools are doing remarkably well year we got the gas tax trust fund off- California tried to do exactly the same and where our students are, in fact, the budget, so now when people pay their thing, and he found out that in fact the best in the world. But trying to allow fuel tax, it actually goes into roads, result was not what he had expected. for a system to occur where children bridges, highways and all the things Adding teachers to the California sys- anywhere at the K–12 level, or even at that it was supposed to go into instead tem, reducing class size, did not help. If the higher ed level, have access to good of being used for other purposes. This you look at the students’ scores, they professors and good school teachers year, we are trying to get the aviation really did not change. Why not? Be- that get the basics of math and science gas tax off-budget so the ticket tax cause there are not enough qualified at the very early ages and are able to that people pay when they travel will teachers available in California or, in cultivate those skills into marketable be used for better airports, runways fact, in the United States, and so they and competitive skills as they grow is and so forth. I hope someday person- proceed to hire 100,000, or I forget pre- the real challenge for the country. ally that we can get the Social Secu- cise number; they hired a large number And you are right. There seems to be rity trust fund off-budget so we cannot of new teachers, most of whom are not an attitude by some in Washington, even tinker with it and take that qualified, and there was no net im- typically on the Democrat side of the money out of there. That is a long- provement in the schools. aisle, that suggest that we here in term goal. Rather than taking a Federal ap- Washington can magically come up Now to shift gears a little bit and proach that says we will help you hire with the answers, spend a little money, make some introductory comments 100,000 new teachers, a far better ap- create a few new rules, and we will re- about education. What should we do for proach is to say we want to hear from solve that issue. But I think that our education in this country from the you at the local level what you could answer is right, that the strength real- Federal level? Here it is quite different do to improve education in the schools ly does lie out there in the States. from the previous topic we discussed. and to work with them, and that has They may need the resources and sup- We have been criticizing the Demo- been the emphasis in the Committee on port of the Federal Government, but crats for a long time on their fiscal Education and the Workforce of which they do not need us to take over, and I management, but I will commend I am a member. And we have just yield to the gentleman to comment on them, just as I commended the Repub- passed out major legislation today, two that point. licans, on their desire to improve edu- different bills which will help the Mr. EHLERS. Mr. Speaker, I will be cation in the United States. I think schools, but give them much greater pleased to comment on that. You have that desire is shared throughout this flexibility than they have had in the touched on something that means a lot entire Chamber. past and reduce the amount of money to me and I pursued a long time. For those who are not aware, I just b spent at the Federal level trying to 2000 evaluate programs, telling them what mentioned that I happen to be a physi- But there is a basic difference in phi- to do and saying: You do it our way or cist, I have a doctorate in nuclear losophy, and I think it is very impor- the highway. physics, and never in my life intended tant to highlight that. The approach of So I think it is very important to to get into politics, enjoyed teaching the other party is to have a Wash- recognize the distinction in philosophy. and research, but here I am. ington down program; in other words, The people of this Nation can pick and I was given an assignment by the pre- it starts here, we think of the ideas, we choose which philosophy they want, vious Speaker of the House to work on do the work here, and we filter all that but I happen to think just from my improving our Nation’s science policy down, and in the process we lose a lot years in education; I spent 22 years and improving math and science edu- of money. teaching. As far as my money is con- cation, and I am continuing this year We can tell endless stories, and you cerned that I send to the Federal Gov- under the direction of Speaker may hear some of those later from my ernment, Mr. Speaker, I would rather HASTERT and the Chairman of the Com- colleagues about the money that is have it come back to the local schools mittee on Science, the gentleman from wasted in that. and the teachers where they know how Wisconsin (Mr. SENSENBRENNER) both The Republican philosophy is, first of to use it and can use it well. of whom have a deep interest in this all, that the Federal Government has a Something else the Federal Govern- and have given a lot of help and sup- limited role in K–12 education. That is ment can help in tremendously is that port. not the job of the Federal Government we have to recruit and train and keep And you are quite right. The third to dictate how the schools should oper- good teachers. Over the next decade we international science and mathematics October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9975 study which compared students from they would not know how to get on the tion. They all have individual units. our high schools with students from Internet or the Intranet and look it up. Put them all on the Internet, have high schools across the country really, We work much more efficiently in the them all catalogued so if a teacher I think, shamed us in the sense that Congress today because of our comput- wants to go and do a unit on Antarc- our students came out near the bot- erization, but it takes knowledge and tica; there is an interest now because tom. They were at the bottom in phys- skill, and the more that they learn in they are trying to save this doctor ics, they were barely above the bottom the school, the less they have to be down there. She can just go right to in mathematics, and overall there were trained when they get a job. the Net, she can give her students ex- only two nations below us in the That relates to another issue of what periments that are ready on the Inter- rankings of knowledge of math and I call workplace readiness. We are net and say, hey, we read about Ant- science in high school. spending a huge amount of money in arctica; why is it so cold there? And Mr. SCHAFFER. If I remember right, this country, individual companies are they can do a unit right that day. it was Cyprus and South Africa. spending that, training their employ- Mr. SCHAFFER. Your comments Mr. EHLERS. Yes, in the overall rat- ees to be able to do their work when about science technology and edu- ing, and we were behind Slovenia and a they hire them, and we certainly have cation give me a perfect opportunity to lot of other nations. This was all devel- to do a better job of preparing them for switch the subject and jump to another oped nations of course. the workplace. topic that the gentleman from Mon- It was a real shock, but there are Third major reason for improving tana and I work on quite a lot as west- other factors. math and science education is just bet- ern legislators. Just recently our science Olympiad ter educated citizens and voters. We But, as my colleagues know, there students went to compete on an inter- deal with a lot of complex scientific are a lot of scientists that we count on national level, and they were bright issues here. How are the voters going and rely on and training that we hope students. I met with them, and they to be able to judge us and judge the to impart in our universities and re- were very capable. But once again we issues if they do not have some back- search universities with respect to for- did not win the international cham- ground in it? estry. Forestry, the area of forestry, pionship, and it was certainly not the And similarly in the marketplace, as seems that science has kind of gone by fault of the students. It is just that we consumers; how are they going to be the wayside especially with some of the have to do a better job throughout our able to judge individual products when latest decisions that have come out of educational system of educating and they evaluate the claims? As my col- the White House. The National Forest preparing. leagues know, are these claims, too, or system is a system that was designed Now there are several reasons for are they not, particularly when you get back in 1910 as a system, or was it 1903? that. Number one, of course, is to to health supplements, or health care Somewhere back there in the early produce good scientists and engineers, or issues like that. It is very complex, part of the century as a service de- and that is very important in this tech- and we certainly need to do a better signed to manage these vast natural re- nological age because, as my col- job of training them. sources that the American people own leagues know and have heard repeat- Now how can we do that? Again, I and enjoy and maintain to help sta- edly here, over one half of our eco- mentioned earlier trying to find, train bilize our economy, to utilize these nomic growth today comes from and keep better teachers. But there is lands for multiple use, and that con- science and technology, and if we do more to it than that. There are a lot of cept of multiple use is, as I say, going not train the people, we are going to teachers out there who did not receive by the wayside. The President made an lose that to other nations. We already adequate training. We should not talk unfortunate announcement just today are losing some and have to Japan in terms of they cannot do their job, is that has caught many of us in western which spends more on this, on sci- that not terrible? We should say, hey, States I cannot say by surprise, but it entific research and training, than we they were trained in a different era. has certainly grabbed our attention be- do, a greater percentage of their gross Our job in the government is to try cause it has tremendous economic con- domestic product, and also Germany to offer retraining, and that is why I sequences, and I will yield to the gen- does the same, and, believe it or not, have been a very strong advocate of tleman from Montana to elaborate fur- South Korea is almost overtaking us. what is called professional develop- ther on the President’s most recent an- So we have to watch this very carefully ment, helping teachers who are out tics on National Forest management. and do a better job. there, doing a good job but suffering Mr. HILL of Montana. Mr. Speaker, But there are other reasons why we because they have not had the proper as my friend from Colorado com- have to do a better job in math and training and they do not generally mented, this is not a good day for rural science education, and that is I am per- have the best textbook because there western America. The western States, sonally convinced that within 20 years are not really good textbooks out there as my colleagues know, those of us you will not be able to get a decent job in many of these areas. Let us help from the west often have to remind our in America without some good under- them by providing professional devel- colleagues from the east how big our standing of science and technology. It opment funds so that they can learn western States are and how much of even happens in my office here, and more about it. our western States are public lands. you would not think a congressional I am impressed every time that I go My State is 148,000 square miles, and office would be that way. in the class. The teachers really want about 30 percent of that is public land, But I have told my employees; I said, to do the job well, and they really are Forest Service land and BLM lands, just imagine, suppose you had worked fearful when they have not had ade- and the concern that we have and I here 20 years ago, and you fell into a quate training, and that is what we have today is the President announced Rip Van Winkle sleep, and you just have to provide. today that he is going to be locking up woke up this morning and came to One last thing the Federal Govern- about 40 million acres of US Forest work here. Would you know what to ment could do without interfering with Service land, in essence making it de do? And everyone of them said, no, the local schools, but helping them a facto wilderness area. As my colleagues they would not have the slightest idea lot, and that is by funding research on know, the Congress and the Constitu- because they could not even operate better ways to teach, particularly tion provides that the Congress will de- the telephones because telephones are teaching math and science. There are a termine whether or not lands will be basically computerized today. They ob- lot of new ideas out there, and I have designated as wilderness, and the viously could not operate the com- another aspect of that. I am hoping President by executive order has in ef- puter, so they could not get letters out, that we can, as a Federal Government, fect allocated this 40 million acres to and they could not handle mail and so fund a national clearinghouse which wilderness. forth. will take all the supplementary mate- And you made note of the Forest And you just go right down the line, rials available from chemical compa- Service. The total Forest Service acres so many things we do. If I asked them nies, from NASA, from the National in the country is about 191 million to find out what is in a particular bill, Oceanic and Atmospheric Administra- acres, so this is over a fourth or over a H9976 CONGRESSIONAL RECORD — HOUSE October 13, 1999 fifth of the total US Forest Service public land management of this admin- And, there is a misnomer at work. acres, and this designation means there istration is dismal. It has been an abso- My colleague from Colorado mentioned is going to be less access. They are lute failure. It has failed the environ- the designation of wilderness, but there going to close roads, they are going to ment. The General Accounting Office is a far more misleading moniker given remove roads, they are going to elimi- has reported to the Congress, and the to these federally controlled lands. Mr. nate timber harvest in these areas, no gentleman serves on the Committee on Speaker, for our friends in the east and mining. Resources with me, that the condition indeed in the Bay Area of San Fran- cisco and other major metropolitan b 2015 of our western forests is in a disastrous condition, catastrophic condition. areas, when we hear the term ‘‘public In fact, if the previous activities of When they say catastrophic, they mean land,’’ that suggests in the mind’s eye the administration are any indication, that the ecology of these areas is sub- a public library, a public park, a public there will be little recreation in these ject to catastrophic risk. Catastrophic facility. But in essence, Mr. Speaker, a lands, too. fire risk, risks for disease and infesta- far more accurate moniker is federally Mr. SCHAFFER. Mr. Speaker, if the tion. This administration’s record in controlled land. gentleman will yield for a request, and managing this resource is dismal. So many of our colleagues from the that is, would the gentleman just ex- But also, its impact on these rural east fail to understand the distinction. plain to the House what this wilderness communities has been abysmal. These The State of Arizona, the youngest of designation means, because for many communities rely on these lands for the 48 contiguous States, not becoming people, this term wilderness sounds grazing and for timber harvesting and a State until Valentine’s Day of 1912 like a great thing. That sounds like a for mining, and all of those sorts of under President William Taft, Arizona, good thing. We like wilderness when it things, recreation, and the President is as a condition of its Statehood had to comes right down to it, but the term basically saying, there will be no more offer, in essence, a dowry to the Fed- ‘‘wilderness designation’’ has a very of that. eral Government. And that dowry, if specific legal meaning, which robs the This latest decision on the part of you will, was over half the landmass of American people of access to their pre- the President really will put the nail in the State of Arizona given to the Fed- cious lands. the coffin for many of these rural com- eral Government. I would ask the gentleman to just go munities. Much of the economy of this Now, our friends in the east, our into that a little further and make sure country has prospered over the course friends in the inner city fail to under- we do not skip over that point, because of the last decade, but in rural Amer- stand what that means. Because the it is an important distinction that we ica, things are not so good. In agri- fact is, vast holdings of land as per- need to reinforce here on the floor. culture, we suffered a great deal. sonal property are not found in the Mr. HILL of Montana. Mr. Speaker, Those communities that are depend- State of Arizona or in the American the gentleman is exactly right. Some- ent on the public lands and appropriate west. But I must tell my colleagues, I times I think people confuse the idea of management of the public lands have get a kick out of those in the think wilderness with wild areas, and those suffered greatly. The economy of those tanks who talk about welfare or social- do not have the same meaning at all. communities is in trouble; unemploy- ist cowboys, as if applying for grazing Wilderness has a legal meaning, a very ment rates are extremely high. In my permits is somehow pledging one’s specific legal meaning, and it means State, many of those counties have un- trough to the Federal Government. Mr. that the land can only be used in more employment rates of 15 to 20 percent. Speaker, my constituents have no primitive ways. And what happens when we have that choice. They do not own the land. And For example, if people want to enter kind of unemployment, the social fab- yet, time and again they are good stew- the land, they have to do it by horse- ric of the community breaks down, ards of the land that they lease from back or on foot or hike in, they could churches cannot afford to stay in busi- the Federal Government. not even take a bicycle in there. So ness, schools suffer. But what we see here is really yet an- motorized vehicles are not allowed in As the gentleman knows, these rural other gulf between rhetoric and re- there, chain saws are not allowed in communities share in the income that ality. My colleague from Montana there. Basically they are areas that are the government produces from the de- mentioned the contributions to the allowed to remain entirely wild and velopment of these resources. All of Clinton-Gore campaign. Let the record allow natural forces to be at work. that the President is writing off. And it show, and I say this unapologetically Mr. SCHAFFER. Mr. Speaker, if the is because, of course there are not and clearly to the American people, gentleman will yield, so the elderly, many votes out there, there are not a Mr. Speaker, vast sums of money came the handicapped, the infirm who cur- lot of people out there. So the Presi- from the Communist Chinese to those rently enjoy access to their national dent is more interested in the people coffers, and yet the partisan press forests, under the new designation, the that can contribute millions of dollars wants to ignore that inconvenient fact. de facto wilderness designation, what of soft money to his campaign. He is Yet, we also see, even as the Clinton- happens to them? interested in supporting the people, the Gore gang extols the virtues of cam- Mr. HILL of Montana. Well, those glamorous people in Hollywood and the paign finance reform which, for that people will not have access to those Silicon Valley. But these are the salt crowd, is akin to Bonnie and Clyde at areas. But even more important than of the earth people; these are people the height of their crime spree holding that, the gentleman from Colorado has with simple needs. The President today a press conference calling for tougher counties I know in his State and I have has said that these people do not mat- penalties on bank robbers, they also some in my State, and in fact, I have ter, and it is a disaster for rural Amer- wrap up rhetoric about the children. one county where 97 percent of the land ica. Mr. Speaker, I would note for this in the county is Forest Service land. I yield to the gentleman from Ari- House the vote that took place earlier So that community really depends on zona. this summer on the new Education that land for its livelihood, whether it Mr. HAYWORTH. Mr. Speaker, I Land Grant Act, what my staff has is timber harvesting or mining, and of thank my friend from Montana and my nicknamed HELGA, the Hayworth Edu- course the people recreate on that colleague from Colorado for taking this cation Land Grant Act, which deals land. They hunt and they fish, pick time on the House Floor to really ad- with public land, federally controlled berries. All of those things occur on dress these issues of vital concern. I land and sets up a uniform method of that land. All of that kind of activity listened to my friend from Montana conveyance at a minimal cost to rural will be restricted in these areas under talk about the counties. As he ex- school districts in 44 of our States, but the President’s designation. plained his own situation, I thought especially in the American west. And, Now, the President is saying, this is about Gila County, Arizona. Ninety- Mr. Speaker, even though the left in- his environmental legacy. The Presi- seven percent of the land in Gila Coun- sisted on a rule to bring that to the dent is trying to establish legacies for ty, Arizona is under some govern- floor and debate, in the final analysis, his administration. But the record, the mental control. The bulk of it is under even the left could not abandon the environmental legacy with regard to Federal control. logic of that common sense approach, October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9977 and all 421 Members of the Congress with the individual forest supervisors, mind Members to refrain from charac- who were here on that day voted in the with the biologists that are out there terizing Senate action. affirmative for the new Education in the field. This is a policy that was f Land Grant Act. made up in the West Wing of the White THE BUDGET AND FEDERAL How sad it is, Mr. Speaker, that the House, not by the land managers out PUBLIC LANDS President, who rhetorically embraces there that understand the resource. the cause of children, has asked a lib- That is why this policy, seven years The SPEAKER pro tempore. Under eral Senator in the other body to put a of this administration, has been so dev- the Speaker’s announced policy of Jan- hold on that legislation. The gulf be- astating to the natural resources in the uary 6, 1999, the gentleman from Colo- tween rhetoric and reality is profound. west, because they have made these as rado (Mr. MCINNIS) is recognized for 60 I yield to my friend from Colorado. political decisions. They are decisions minutes. Mr. SCHAFFER. Mr. Speaker, I that have been made by people that do Mr. MCINNIS. Mr. Speaker, while we thank the gentleman for yielding. We not understand these communities; are preparing up here to discuss my only have just about 5 minutes left, but they do not understand these re- main topic this evening which will be I want to say the Education Land sources, and they have made the wrong the Federal public lands, the manage- Grant bill that the gentleman has in- decisions. ment tools, the history of multiple use troduced is a brilliant bill and earned They say they want to preserve the in this country, Colorado water, Colo- quite a lot of support here in the West, but as the gentleman from Ari- rado recreation, and Colorado jobs, House, and I would submit it did so be- zona pointed out, the reason that the while we are preparing to set up for cause it typified the original deal, if West is such a wonderful, beautiful that, I want to mention a couple of you will, that existed with all of these place is the people that live there have comments on a subject that involves Federal lands that we are here dis- been outstanding stewards of this land every state in the Union, and that is cussing, the national forestlands in for as long as we have been there, and our budget. particular, but also some of the other that has included multiple use of the b 2030 Federal lands. That is, these lands land. We have mined the land, we have Back here, we are right in the midst should be managed for multiple use, timber harvests, grazing on the lands, of some very tentative negotiations, keeping in mind that they are to be hiking, recreation on the land, and the very fragile negotiations would be an used for livestock raising, for timber resource is an incredible resource. appropriate way to discuss it. The Fed- harvests, for mining, for recreation, for We know how to take care of the eral budget is important to every cit- wildlife habitat management, for a land, work with the land, live with the izen in America. This Federal budget whole assortment of forest products land. Frankly, we also understand that helps determine the future of our gen- being used and taken from the forests, people are part of the environment too, eration and the kind of debt and the all of that within the context of sound that the environment is not just about kind of opportunities we give to the forest management. Because if one is birds and animals, it is about people next generation and the next genera- not in the forest working the land, tak- too, and that a healthy environment tion and the next generation. ing care of it, keeping the diseased for these communities is a prosperous We have some very strong policy trees treated, getting the bugs out, community with opportunity as well. points that must be adopted or must be helping to thin the forests so that they That is what the President does not carried out, and those policy points are do not catch fire or deplete water re- understand, that this decision is just the Republicans’ top priorities in re- sources and so on and so forth, if we the next step in this administration’s gards to these budget negotiations. fail to do all of those things, not only top-down perspective on managing this Number one, the defense of this coun- do we damage the environmental integ- natural resource. It is not only bad for try, this country must maintain a rity that we are concerned about our these communities and for my district strong defense. We cannot be the sec- national forests, but at the same time, and my State, but it is bad for the en- ond strongest kid on the block. by pushing people off of public lands, vironment as well. Number two, education. We can have we do lose a valuable source of income I yield to the gentleman from Ari- a strong military. We can have a good for schools, for communities. Because zona. economy but if we do not have a strong these public lands, while they do not Mr. HAYWORTH. Mr. Speaker, I educational system, and when I talk pay taxes, there is what is called a pay- thank my colleague from Montana. about a strong educational system his- ment in lieu of taxes that comes from Just one final point. Again, the gulf tory will show that the best edu- the economic activity that is generated between rhetoric and reality. In the cational system is not run from Wash- by those lands. 1960s, critics of Lyndon Johnson spoke ington, D.C. down, as the Democrats So when the President pushes this of a credibility gap. With this adminis- would have it done but it is run from policy forward, and I would ask the tration, sadly, we have a credibility the local school districts up, education gentleman from Montana to elaborate canyon such as the gulf between rhet- is absolutely crucial. further on this point, further restrict- oric and reality, and as my friend from The third thing, for 40 years, while ing access to public lands means fur- Montana was making this point, Mr. the other party was in control, they ther restricting the economic activity Speaker, I could not help but think of ran deficits year after year after year. on those lands; it means further re- the slogan of the Clinton-Gore 1992 It is very interesting to see them all of stricting the management of those campaign: Putting People First. How a sudden adopt fiduciary and fiscal re- lands, and it threatens not only the falsely that rings in the years of west- sponsibility to the taxpayers of this forest health, but threatens severely ern Americans. country. The plan and the budget we the economic livelihoods of thousands I yield to my friend from Colorado. have to come up with, we will come up of communities not just across the Mr. SCHAFFER. Mr. Speaker, I want with, has to reduce that Federal debt. west, but across the whole country. to thank the gentleman from Arizona, In fact, I remember all the criticism But I think disproportionately, that the gentleman from Montana and the given by the other side, the Democrats, burden falls in our respective districts. gentleman who has left us now from when we took the majority: Do not fill I yield to the gentleman. Michigan for joining me in this Special us full of baloney that they are going Mr. HILL of Montana. The gentleman Order, and we will come back as often to get rid of the annual deficit; do not is exactly right. I have 10 national for- and as frequently as we can to talk tell us how the cuts in the programs ests in my district, so when we learned about the great accomplishments of and cutting government waste, which of the President’s intention to an- the Republican Party. is one of our big targets, is going to nounce this, it was in the Post last f help get rid of the annual deficits. week, we called those regional super- Well, today it is as if they were part visors and said, how is this going to ANNOUNCEMENT BY THE SPEAKER of our team back then. They did not impact the regional forests? What we PRO TEMPORE cooperate much. Some of them did but found is that the White House had not The SPEAKER pro tempore (Mr. not all of them. Today they have for- consulted with the regional forests or GREEN of Wisconsin). The Chair will re- gotten all about that. We do not have H9978 CONGRESSIONAL RECORD — HOUSE October 13, 1999 annual deficits. In fact, last year we the Federal deficit. We can do some- Durango, Breckenridge, Summit Coun- had a $1 billion surplus, after Social thing for education. We can have a ty, Grand Junction. There are a num- Security. We have heard a lot of discus- strong defense in this country, and we ber of different communities that some sions out there on Main Street about, can do it in a fiscally responsible way, people have visited. They know about well, maybe there is a surplus but it in- but it means we have to tighten our the Colorado Rockies. The Colorado cludes Social Security money. We have belt. Rockies are a gem. They are a diamond heard Republican after Republican and It is always easy to pick between a for the United States. some conservative Democrats say, good program and a bad program. That We need to do what we can do to pre- look, Social Security has to be pre- choice is pretty easy. Our choices serve those while at the same time, served; we cannot count that in that today are between good and good pro- while at the same time, allowing peo- surplus. grams. These are not easy choices, and ple to live out there. We are going to Last year we really had a true sur- in the way our legislative body is cre- cover a little of that. plus of $1 billion. Well, the key here ated the minority party does not have Let me, first of all, point out, this is and the key in our budget is to be able that responsibility so it is very easy in the district, I will use my red point- to go forward and take care of that for them to go out and promise to er here, we will see the red pointer on Federal debt. We have the deficit taken every American that certain products the sky above the mountains. This is care of. Now we have to shift from the or programs or services will be deliv- the Maroon Bells, one of the most annual deficit, which happens every ered. beautiful settings and I am sure many year, did happen for 40-some years with It is our job on this side to put the of my colleagues have been there. This the exception of a couple of years, I money in the account. We write the is fall, obviously, which can be seen by think in 1963 and 1964, now we have checks. We do not complain, but we the colors. Many, many thousands and that taken care of, at least we are know that we have to ask for a tight- thousands of visitors, whether handi- barely on top of it, and now we have to ening of the belt. Now one of the things capped, whether 19 years old and have look at reducing the Federal debt. That we are talking about is an across-the- great big legs, everybody gets to have is a high priority. board, 1 percent maybe, 1 percent out access that can get here can go up What is the other priority in these of every dollar, reduction in some of there and see this beautiful, beautiful budget negotiations? Medicare. I can these agencies to help us save Social gem of our country, the Maroon Bells. say that colleagues on both sides of the Security, get money into Medicare, I know the Maroon Bells. I was born aisle are concerned about that, but help education, help the military de- about 40 miles away. My brother concern is one thing. Doing something fense and reduce the Federal debt. That climbed the Maroon Bells when he was about it is something else. Of course, is all we are asking. 14 years old right there on that peak the final thing, Social Security, I do Think about it on a person’s own where the red dot is. Unfortunately, not know anybody that is not con- family budget, Mr. Speaker, at home at during that climb, a rock came off the cerned about Social Security. I know a night. When someone’s daughter or son top. He was in outward bound school, lot of people, however, that are not comes home and says, dad and mom, if and it killed his instructor. He was 14 confident in Social Security and Social we can just save one penny on the dol- or 15 years old. We have a lot of family Security being there when they need it lar it can really help me with my fu- history and there are a lot of people in or being there when their children or ture. this country that have a lot of history their children’s children need it. Those That is exactly what we are doing in these mountain ranges. I am from are our priorities in this Republican here. We are looking at the generation the mountains. So are many of us, but budget. of their son’s, their daughter’s age or the mountains are something we be- I can say when there is a so-called their grandson’s or their grand- lieve in. We have a strong heritage surplus, it is very easy to go out to the daughter’s age, we are looking at them with the mountains. We want to pro- country, to go out to the communities and they are asking us to save one tect the mountains. and promise everybody that wants penny on the dollar. Let us reduce our Now, that is what this looks like money that money. Those are the peo- expenditures by one penny on the dol- today. See my red beeper, my little ple that do not get it done. Those are lar. Guess what? We can do it without light there, the lake, that is how it the people that promise it. They are going into the Social Security money. looks today. Why does it look like that the ones that do not gather a lot of We can put money into education, we today? Is it because we allowed oil well firewood for the fire at the campsite. It can put money into defense, we can re- drilling to go up on top of it? No. Is it is very easy to do that, but the real duce the debt and we can help Social because we put mines in there? No. Is tough decision is the party; the party Security, obviously, and Medicare. it because we clear cut all the sides? that really has the tough decision is Those are important issues for us to No. Is it because we let them fish out the party that has to try and balance consider. I will keep everyone advised the lake? No. Is it because we let them this budget. as these negotiations continue to go pollute the water? No. We have committed to the American on. What is my point? My point is that people we will do everything we can to FEDERAL PUBLIC LANDS SHOULD REMAIN PUBLIC for 200 years and before that with the avoid spending Social Security money Mr. MCINNIS. Mr. Speaker, I would Native Americans, we have taken care and at the same time enhance the mili- now like to shift gears and talk about of this land. Washington, D.C. would tary, enhance education, reduce the the Federal public lands. The largest like to convince us that this thing is debt, help Social Security and help landowner in the United States is the full of oil rigs, that the timber, that Medicare. Federal Government, and by far, by the small families that make a living I think we are pretty darn close to far, the largest owners of land are the off timber, go up there and clear cut doing it. That is the good news I have Federal Government, the State govern- this land, that the fishermen fish out tonight, but let me say it is going to ment, the city government, the local the streams, that the streams are pol- require some sacrifice. Now, we ask all districts, et cetera, et cetera, et cetera. luted and that the only way to do this to sacrifice. Now, I do not think cut- We depend very heavily on the use of is move the West Wing of the White ting government waste is a real sac- public lands. House to now have that command cen- rifice, although some people make a I thought I would begin tonight by ter for the western United States. They living off government waste. I think it showing some examples of some beau- think it matches: West Wing, western is something pretty easy to do, but tiful public lands. Now, I am a little bi- United States. So they come up with a there are a lot of programs out there ased in this regard. My State, the program, 40 million acres. that are good programs but maybe not State I represent, is the State of Colo- Now, what does 40 million acres urgent programs or necessary pro- rado and I have been very fortunate to mean? Many people, if they own a grams. We are asking the citizens of represent the 3rd District of the State home, they are on a lot size, maybe this country, team up with us. We can of Colorado. Many people have been to they have, I do not know, half an acre, save Social Security. We can do some- Aspen, many have heard of Glenwood a half an acre, where their home is lo- thing about Medicare. We can reduce Springs or Steamboat or Telluride, or cated. Imagine 80 million times that October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9979 half an acre that they own and that is of this. Does it tear up those moun- the last couple of days wants to put out what the President today has proposed tains? No. Are people who use those an image that he is the Theodore Roo- to, in essence, take off limits. mountains responsible for the most sevelt, the Teddy Roosevelt who rode What I am saying here is, these are part? Yes. For the ones who are not, let in on the bucking Bronco to save the assets, these are museum pieces. These us go after them. West. Let me tell my colleagues what mountains are beautiful. We know this. If this is an asset, if they are going to Teddy Roosevelt said. I think it is very We want to protect them, but we have abuse it, kick them off. But do not important here because he talks to the to use common sense and in using com- kick them off in general just because common man. President Teddy Roo- mon sense we cannot just do it for the they are human beings. Do not put all sevelt was known as a common man. elite people of this country. We have to of the four systems of the United He understood the ways of the east. He consider the common man of this coun- States into a museum. understood the ways of the West. I try, and I say that generically. We The Federal lands, I will show my think before somebody lifts themselves have to speak for the common person colleagues a couple other here real to that standard, they ought to at least in this country. Do not forget about quick. This right here, this is a winter qualify for it. them. scene here in Colorado. Take a close Let us talk about Teddy Roosevelt. Not everybody can have a farm or a look at that. Look at that snow. Do my ‘‘Conservation. Conservation means de- ranch in Aspen, Colorado. Not every- colleagues see bulldozer tracks through velopment as much as it does protec- body can own a home in Aspen, Colo- that snow? No. My colleagues do not tion. I recognize the right and the duty rado. I certainly could not afford it and even see snow machine tracks through of this generation to develop and use most of my colleagues on this floor that snow. Why? Because we have des- the natural resources of our land. But I could not afford it, but that should not ignated trails. We manage those lands do not recognize the right to waste keep us from being able to go up and out there. them or to rob by wasteful use the gen- enjoy it. It should not keep us from Those lands are not just important to erations that come after us.’’ the United States. They are important being able to go up and recreate on it, That is the approach, the balanced to those of us who make a living off of like skiing. I can say within eyesight approach. In essence, what he is saying those lands. My in-laws, for example, of Maroon Bells, one can see several of is there is a right for people to use David and Sue Ann Smith, my col- the major ski areas in the world. Have these lands. But there is no right, no leagues ought to visit them. They live they polluted the Maroon Bells? No. right by the people that use these lands in Meeker, Colorado. You want to talk Have they caused clear cutting in the to destroy these lands for future gen- about salt of the earth people. You Maroon Bells? No. Do they provide jobs erations. want to talk about environmentalists. for Colorado? Yes, thousands of jobs. We have got really two extremes: One Do my colleagues know why they are Do a lot of people get to enjoy the end of the spectrum over here, one end environmentalists? They have got their recreation of skiing in Aspen, Colo- of the spectrum over here. This end of hand in the soil every day. the spectrum says, ‘‘hey, we ought to rado? Yes, lots. We have to be careful Ask him what he thinks about that be able to go out there and mine it and about allowing an administration, who ranch. Ask him what he thinks about clear-cut it and develop it all we by the way rarely sets foot in Colorado that ranch when people come up and want.’’ Over here on this extreme, we and last year when they locked off a offer him millions of dollars for that have got organizations like Earth big chunk of the State of Utah, they property. They do not want to sell it. First. ‘‘Lock them out. Put everything announced it, the President announced They love that land. The Smith family it, in the State of Arizona. is pretty representative of most of the in wilderness. Take away the right of Come put your hands in the soil; ranching families. multiple use.’’ I will talk about mul- come put your hands in the dirt, Mr. I mean, the President is about to go tiple use here in a minute. Take away President. Come see what you are out and destroy the way of the West, those rights. doing before you do it. Know a little the territory. Remember the judge But do my colleagues know what? something about it before you talk from the Supreme Court, ‘‘Go west, Most people in America and certainly about it. young man. Go west.’’ Maybe it was most of the people that live here feel I know about it. I was raised there. Greeley, Horace Greeley said that. ‘‘Go that, in the middle ground there, we My family has been there for genera- west, young man. Go west.’’ can do both. We can allow some ski tions. Do not wipe it out. Do not make it an areas. We can allow cross country ski- Let me show my next display here. urban area. Do not restrict it for the ers. We can allow mountain bikers. We These are the Fourteeners. Look at President’s museum at the White can raft on those wonderful, beautiful this. All over Colorado, I will point House. Work with us and help us pro- rivers in Colorado. We can hike. out, there is the young Compadre tect this in a common sense approach, Yeah, we can allow a power line to go Peak. This one is the mount of the a common sense approach. across them to some of our commu- Holy Cross right here where my finger This is Colorado. These are more nities that are circled by Federal lands. is. I will put the red pointer so it can peaks that I want my colleagues to see. There are things we can do with Fed- be tracked by the red pointer. Col- Beautiful, absolutely beautiful. Those eral lands. We are going to restrict it. umbine Park, look at all of these. are protected. President Clinton does We are going to be balanced. not need to skip in and protect them On the other hand, they also say b 2045 any more than they are protected right there are places, the same group that We have over 54 of them. Over 14,000 now. We are preserving them. We know says one can ski and ride on mountain feet in Colorado form these beautiful how to take care of this land. bikes and raft down the rivers, that mountain ranges. Do my colleagues see What I am saying to my colleagues, same group, the middle group, as I call any clear-cutting that has gone on? No. in my district alone, and I say my dis- it, the real Westerners, as I call it, also Do my colleagues see any oil rigs? No. trict, the people’s district that I am believe, hey, there are some areas like Do my colleagues see tents and cities lucky enough and fortunate enough to the Maroon Bells that we just saw, like and condominiums and town homes all represent, in that district alone, we this area right here to my left, just over those 14,000 foot peaks? have over 23 million acres of govern- like this area where my hands are. No. Why do my colleagues not see ment-owned land, 23 million acres. We There are some areas we need to lock them? It is because we protect this take darn good care of that land. We those away. Let us put those into wil- land. But we protect it with common have a lot of uses of that land: rec- derness. Those are appropriate wilder- sense. We do not lock everybody out of reational land, recreation, wilderness ness. there. One can ski on some of those areas. We do have some timber. We Or let us create a National Park, just mountains. One can cross country ski. have very little mining left anymore. like Senator CAMPBELL and I did with In the summer, guess what? We have We have a lot of different uses for that the Black Canyon National Monument. discovered something. It is a wonderful land. We just converted it to a National sport. It is a fabulous sport. Mountain President Theodore Roosevelt, I want Park. Or let us create a new monu- biking. One gets to mountain bike a lot to quote him, because the President in ment, or let us make this a special-use H9980 CONGRESSIONAL RECORD — HOUSE October 13, 1999 area, or let us give this a species sta- to go to the west, to go beyond the Col- West, one will break us. We are not tus, a certain endangered protected orado Rockies or to get into the Rock- large in number. We are large in heart. status. There is a reasonable ground in ies and into the mountains and go We have got a lot of heart in our feel- there. west? How do we encourage people to ing about this. But one will break us. What the President has done is laid settle? Shall we give them 160 acres Keep putting up that ‘‘no trespassing’’ his chip. He has staked out his ground under land grant like we have to settle sign. Unfortunately, a lot of people on this extreme. To me, that is as of- the midwest and up to Kansas and so that are encouraging that are these fensive as the people over here that on? over here on this extreme that I spoke stake out their claim that say we Well, the answer came back pretty about earlier. ought to be able to mine it at any cost. simple. One is dealing with different My colleagues have to imagine, if Let us go in and cut the timber. We do terrain. The mountains cannot support they can pretend for a minute, that not need selected timber cuts. Let’s go per acre what the Great Plains States they are a ranch owner, that they own in and cut it. That is as extreme as the can support per acre. So if we give 160 their own ranch. There are several President is attempting to do over here acres to somebody for agriculture, and things that they need to do to be a re- for Earth First, and that is clear-cut that was the driving industry, obvi- sponsible ranch owner. those forests, abandon those forests, ously back then, the agriculture and Number one, they need to visit. They and put them into the museum. mining, if we give it to them for agri- need to go out into their fields. They Let us talk about a concept that is culture, they are not going to be able need to get their hand into the dirt. very important, very important for the to make it off 160 acres. In fact, they Number two, they need to understand United States and for all of us to un- need thousands of acres to do what nature. They need not to defy nature. derstand during my discussion this somebody can do on 160 acres of real They need to work with nature. Nature evening. fertile land or 220 acres of real fertile renews a lot of natural resources such That is the concept of multiple use. land. as water, only if they treat it right. So Now, many of us, many of my col- So they thought about it, and said, they have to understand nature. leagues may have never heard of what we cannot go out politically, and it The other thing that they have to do multiple use means. Well, obviously, may not even be right to go out, and is manage different segments of that one puts use together with multiple. It give citizens several thousand acres of ranch. They may want to manage the means many uses, many different kinds land simply through a land grant pro- strawberry patch on their ranch a lit- of uses. gram. What can we do? How do we re- tle different than they manage their Remember, just a couple of minutes solve this? grazing area where they have got their ago in my comments, I talked about Therein was the birth of multiple cattle. skiing, mountain biking, rafting, graz- use. That is a concept. That concept Well, it is the same thing here. The ing, grazing one’s cattle, timber, min- was the government said, okay, and United States has millions and mil- ing, lots of different uses, wilderness, again follow my pen on the demonstra- lions of acres in public lands. Let me environmental, fishing, things like tion here, the way we can get people to give my colleagues some of those sta- that. Those are multiple uses. go up into this territory of the United tistics. Ninety-one percent, almost 92 I think this map is an excellent illus- States, let us introduce this concept of percent of the land that the Federal tration if my colleagues can follow my multiple use, which simply means that Government owns, almost 92 percent of red dot on the map. Obviously this is a the government retains the ownership the land that the Federal Government map of the United States. This is gov- of the land, we will call it public lands, owns is in the western United States. ernment lands. My colleagues can see but the people have a right to use the Thirty-seven percent, almost 37 per- where the blob of government lands lands. cent of the land in the State of Colo- are. They are not in the east. There are Now, when I grew up, and when my rado, primarily in the mountains, is some in the Carolinas. There are some father and mother grew up before me, owned by the Federal Government. up here in the northern part and Illi- and so on down back in the genera- b 2100 nois and the Great Lakes. But the big tions, there was a sign that hung out bulk of Federal lands are right here. there. We still see it once in a while. The Forest Service, the BLM, and the Well, when the United States ac- But there was a sign that hung out National Park Service manage 95 per- quired these lands through different ac- there on public lands. For example, cent of this land. The National Wild quisition methods, the population was when one would go into the White and Scenic Rivers system contains all along here in the east, and they de- River National Forest, one would see a 10,900 miles of wild, scenic and rec- cided they needed to move the popu- sign that said ‘‘Welcome to the White reational rivers. We have got a lot of lation to the west. River National Forest.’’ Underneath it land out there, and most of it is owned Follow the red dot out to the west. hung a sign that said a land of many in the mountains by the Federal Gov- Well, when they got them out here to uses. That is what the sign said. ernment. Ohio and Nebraska and Kansas and Today there is a very concentrated How do we manage that land? What Texas, Oklahoma, and some of these attempt to take off the sign that says kind of management tools do we have? States out here, those are pretty fertile a ‘‘land of many uses’’, throw it in the Let me talk to my colleagues about a States. The way to encourage people to trash, and put on a sign that says ‘‘no few of them. In order to manage Fed- go out west when we wanted to settle trespassing.’’ That is the defeat of the eral land, we do not need to lock every- the frontier back in the last century concept of multiple use. thing up, as some proposals like the was to give them land grants or let Now, maybe this would have worked. President. He says take 40 million them go out and put a stake in the I doubt it, but maybe that ‘‘no tres- acres. Again, colleagues, picture what ground and claim that land, 120 acres passing’’ would have worked 150 years 40 million acres is. Imagine how many or 160 acres. ago. But the government itself, this people make a livelihood off of 40 mil- Let us go back to the map. In these country itself encouraged its citizens, lion acres, 40 million. areas, for example, in Kansas, in Ne- encouraged its people to become pio- We have lots of ways we can manage braska, in the Dakotas, out here in the neers. Go out and settle the West. Be that land and protect it so it looks just midwest farm country, one can support cowboys. Be farmers. Help this coun- like the beautiful Maroon Bells that I a family on 160 or 320 acres or some try. We need people in the West. just got done showing my colleagues, other type of government land grant. So generation after generation after or like the 54 Peaks over 14,000 feet But what was happening, and Wash- generation, including not only my fam- that I just got down showing you, or ington was aware of it, is there were ily, but my wife’s family and our chil- the snowy scene in the Colorado Rock- not many people coming into the dren, has spent generations in those ies that I just got done showing my mountains. They were not going into mountains. That is how we make a liv- colleagues. this area. They wanted to settle this ing. We have ways to manage that land, area of the West. The question came If one wants to put up one’s ‘‘no tres- protect it for the future, but reach that up, how do we encourage our pioneers passing’’ sign to those of us in the balance that Teddy Roosevelt spoke October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9981 about. Teddy Roosevelt said, ‘‘you have State. We have no free flowing water 40 million acres and certainly what he a right to develop.’’ That was the word that comes into the State for our wanted to do is to also lock up the back then. Of course, it is a sin to use usage. water necessary for all of those 40 mil- that word today. But back then that is In Colorado, we are an arid State, an lion acres even though we may not be exactly the word that Teddy Roosevelt arid State, meaning we do not get using the water for agriculture or any- meant. Today we use the word ‘‘use,’’ much rain. When you look at those thing. We have certain water rights, you have the right for use. But you do beautiful mountains, you say, wow, it like we want the quality, et cetera, et not have the right for waste. You don’t looks pretty rich to us. But we do not cetera, and they start reaching outside have the right for abuse, for destruc- have the kind of thick vegetation that that territory. tion. And he is right. He is absolutely a lot of my colleagues do in the East in It happened in Colorado. We have the right. their district. In the East, their prob- Wilderness Act. When the Wilderness Well, how do you manage this to help lem is getting rid of water. In the West, Act was enacted by this Congress by protect it? We have national parks. We our problem is storing water. the United States House of Representa- have national monuments. We have na- We have to store it because since we tives and of course the Senate and the tional preserves. We have national re- do not have much rain, the only real President, there was never any kind of serves. We have national lake shores. opportunity we have for mass volumes discussion of water rights. National seashores. National rivers. of water is for the spring runoff, as- In about 1985, Judge Cain out of the National wild and scenic rivers. I just suming we get the winter snows. And Federal District Court said, although told you eleven-some thousand miles. that spring runoff only lasts for about there were no water rights for the Fed- National scenic trails. National his- 65 maybe at the most 90 days. So over eral Government, although the Federal toric sites. National military parks. the balance of time, we have got to Government does not seem to have any National battlefield parks. National have it, we have got to store it, or we automatic water rights, there must battlefield site. National battlefields. do not get it. have been an implication for water National historic park. Reserve study Now, what happens is that the water rights so the Federal Government now areas. National memorials. National law in Colorado is unique, as well, and has implied water rights for the wilder- recreation areas. National parkway. the same for a lot of the western water ness areas. Coordination areas. National forests. law. It is different than the East, as I We have been fighting that battle for National scenic areas. National by- mentioned earlier. It is entirely dif- a long time. Same thing is going to ways. National scenic research area. ferent. But there are some organiza- happen here, my colleagues. Conservation research programs. Na- tions out there who understand this, Now, for you in the East, my col- tional research and experimental areas. and those organizations really have leagues, so what? We need the water. National grasslands. National con- two things in mind. What do you mean ‘‘so what’’? That is servation areas. Special management One, stop any kind of use from the our lifeblood. Remember my quote? areas. National forest primitive areas. water and that is one way to drive peo- ‘‘Here is a land,’’ speaking of Colorado, National game refuges. National wild- ple out of those mountains. And the ‘‘Here is a land where life is written in life preserve areas. National wildlife second thing is, let us take the water water.’’ ‘‘Here is a land where life is refuges. National wildlife protection for our own use. written in water.’’ It is a huge dif- areas. I do not know many organizations in ference to us. We have lots of tools in our arsenal the East who have the interests of the What are some of the other things to manage these public lands. We people of the State of Colorado or have that these 40 million acres can do, the should not just go to one tool. We the interests of the people in the West other implications? We do not know. should not put everything in a national in mind when they look at our water But it could be all of a sudden there are park. We should not put everything in rights. They look at our water rights air rights for the Federal Government. a national wilderness. like a great big piece of apple pie and All of a sudden the Federal Govern- Mr. President, before you put 40 mil- they are hungry and they think it ment could reach out to an adjacent lion acres, 40 million acres, in essence ought to be theirs, although they did town, say Silt Colorado or Grand Junc- locking people out of it, look at what not bake it or anything else. They tion, Colorado, or Glenwood Springs, the consequences are to the people who think it ought to be theirs. So they put Colorado, which borders the White have preserved it all of these years. their arm around us and they talk to River National Forest, or Meeker, Col- It is very, very important for us to us friendly and they do all kinds of orado, which borders the White River understand a couple other ramifica- things, but their goal is to put that National Forest on the north side, and tions, not just the soil, not just the apple pie in their mouth and keep it they could say to those communities, land, but right here. With my cold to- out of our stomach. That is what their you know something, you have too night, I have been sipping on water to goal is. many cars in your community, you keep my voice because I feel it very So what do we do. We have to be pro- have too many people burning wood important to talk to you. But that is tective. And when the President comes fireplaces. And those communities water. out and does as he did today, set aside could say, we understand that. We try In Colorado, let me give my col- 40 million acres of public lands to es- and do our own. No, no, no. Here is leagues a little quote from the poet sentially lock them up, when he does what the Federal Government out of Thomas Ferrell. It is in the Colorado that, what are the implications to Washington, D.C., is going to tell you State Capital. I saw it when I served in water in the West? communities in the West how you are the State legislature. And the quote is, Well, I can tell my colleagues right going to run your communities. ‘‘Here is a land,’’ talking about Colo- now that the National Sierra Club, There are lots of implications to the rado, ‘‘Here is a land where life is writ- that Earth First, and some of these action that the President has taken ten in water.’’ ‘‘Here is a land where kind of organizations, their goal is that today. Now, what they will try and life is written in water.’’ every acre he locks up ought to have give you is an allusion that if we do Colorado is a very unique State. In with it implied water rights. You ought not follow the President’s lead, if we do Colorado we must be overly protective to be able to reach outside that acre. not listen to the advice of Earth First, of our water rights. Number one, it is Let us say this is an acre of land right if we do not adopt point by point the something that a lot of other people here. This is an acre of land. They national policies of the National Sierra want. Colorado provides water for prob- would like to have the Government Club, that these beautiful mountains ably 18 to 23 other States. Believe it or step outside of this acre, up here or that I showed you a picture of will be not, the country of Mexico has water over here or over here, to control water destroyed, that the water in the West rights in the State of Colorado for rights. These are very, very valuable will be polluted, that the trees will be some of that water. rights. clear-cutted. Colorado is the only State in the And in essence, what the next argu- Well, let me tell you what happens if Union, the only State in the Union, ment will be is, hey, we realize that we follow their agenda. Write off moun- where all of our water goes out of the President Clinton back in 1999 set aside tain biking. Forget skiing. Forget river H9982 CONGRESSIONAL RECORD — HOUSE October 13, 1999 rafting. Forget the other recreational more realistically, they will take some ness. We have locked it up. I voted for uses that we have out there, hunting, kind of thing that just on its face they that and it was appropriate to do that. going throughout in a 4-wheel drive ve- will want to make it sound offensive. But we intentionally left two-thirds hicle on marked trails, all of the dif- Logging, for example. open for recreation. Why? Number one, ferent kind of things that you can You know, I have known a lot of they do it in a responsible fashion. recreate with in Colorado. In the long- small families, these are not the big Two, it provides resources that are not run, those could very easily be dimin- logging companies, these are small available. You cannot put a ski moun- ished significantly, maybe never ended families that are in the logging busi- tain out in Ohio. They do not have a completely, because we have some pri- ness. Why do you want to wipe them lot of skiing in Kansas. They do not vate property. out? Manage them. Do not wipe them have much skiing in Mississippi or Mis- Although, every ski area, to the best out. Help them. Do not destroy them. souri or Louisiana or Nevada. They of my knowledge, and I have almost all My gosh, Mr. President, I wish that have some in the Sierras, but not of them in the Third Congress District, you could go to dinner some night. Go much. Colorado has got the natural re- in my district, almost every one of to dinner tonight. What you should source for it. What does that do, that them is on public land. Those are the have done is made this announcement White River National Forest, just that kind of implications that we are speak- of this lock-up of this 40 million acres forest? Thirty-five thousand jobs. My ing about here. and then gone to dinner with a small neighbors in a lot of cases have those It sounds warm and fuzzy today. And family in Colorado somewhere that jobs. That is how we are able to stay it is very easy to appeal to the entire cuts timber and does it responsibly. out in Colorado. We are not Johnny- country by saying what I have done is How happy do you think they are to- come-lately. We did not just jump out to do as Teddy Roosevelt or, as I just night? It is going to destroy some peo- to Colorado all of a sudden to live. Our heard somebody on TV say, it is the ple out there. families, many of our families have most significant thing we have done for But that will not happen. The people lived there for generations. My family the environment in centuries. in Washington, D.C., especially down and my wife’s family have lived there Do you know what the most signifi- the street, are not going to take time for many, many generations, but we cant thing we have done for the envi- to see what the impact is on people. As still welcome people to come out to ronment in centuries? We have let the my good colleague the gentleman from Colorado. Sure we think it has grown people that live in those mountains Arizona (Mr. HAYWORTH) said earlier, too fast, we wish it were not growing so help manage those mountains. We let this President committed to put people fast, but we do not think we have the the people who really have their hands first, they are not going to go out and right to shut the door because they did in the soil every day. see where it puts people. not shut the door on us back in the Now, my hands are not in soil. But Instead, it is much easier to be politi- 1870s when my family came in or the take a look at my father-in-law’s hands cally warm and fuzzy and say the West 1880s when Lori’s family came in, they or my mother-in-law or my parents or is being destroyed and we in the East did not shut the door on us. They said, many, many people out there in Colo- must step into the West and defend it, Come on in, but we only ask you one rado. I could give you name after name defend it against itself. thing when you come to Colorado or after name. What we have done right is when you come to the Rockies or Utah, b 2115 let those people who are on the ground Wyoming or Montana: Be responsible, there every day, every hour help us We have got to protect those people, help us make this a good community to manage those lands. We did not kick those families and pioneers out there live in, help us retain the beauty of them off. in the West, those ranchers, those river this State, help us follow what Teddy Now, once in a while we have had rafters, those hikers, those skiers, Roosevelt said and, that is, there is a abuse and we get rid of them. And those residents that live out in the right to use the land but there is not a maybe we need to tighten the laws on West. We have got to protect them right to destroy the land. that. I am up for that. And I am not for from themselves. They are destroying We think we can use the land, the saying that we do not have additional themselves. Federal public lands in Colorado or in areas out there where these kind of re- That is what the image is here in the Rockies or in the West in a respon- strictions should be placed. But 40 mil- Washington, D.C. That is exactly what sible fashion. I happen to think you lion acres by simply throwing a fishnet the image is that this President is try- can build a ski area and manage it in a over the western United States? That ing to portray to you people with this responsible way. Many of you have is what has happened. The President sign, with this signature of 40 million skied in Colorado. Many of your con- got a big fishnet and just threw it as acres set aside. stituents have skied in Colorado. You far as he could and out it floated over Mr. Speaker, in Colorado most of us have been there. You have seen that a the western United States. And wher- that live out there, including myself, lot of those areas, they are managed ever there is public lands, ha-ha, we my family, my wife’s family, we are okay. It has been a fun family vaca- will lock it up. not wealthy people. We are there be- tion. It was a nice way to recreate. I am not attempting here to be pro- cause we have a job. I have been fortu- Then when you take a look at the vocative, to try and be derogatory. nate. I have a job representing those areas that are cleared for the ski runs, What I am trying to do here is, one, people. But all five of my brothers and they are just a pinpoint, a pinpoint in make us all cognizant of what life in sisters, all of my nieces and nephews, the forest. Many of you have had the the western mountains is all about; all of my cousins, there are probably 30 opportunity to river raft in the State number 2, the fact that we have beau- or 40 first cousins, they are all over of Colorado, or Utah or Wyoming or tiful, beautiful diamonds out there, Colorado. Why are we able to stay in Montana. It is a blast. If you have not meaning the mountains, and we all Colorado? Because we have a job. We done it, do it. It is a great time. And it want to protect those; and three, I have a job. That may not sound like a is a great family activity. We have not want to tell you, do not just write us lot. Up here we get paid. We have got destroyed the rivers. We have been off. We have too much to lose. We are an automatic job for 2 years. Back doing what Teddy Roosevelt said to do: fellow citizens and we live in a beau- there some of these people depend on ‘‘Use it but don’t destroy it.’’ tiful, large expansive area, but there their jobs almost day to day. Some of you may have never heard of are not a lot of us out there. So it may Let me give my colleagues an exam- Lake Powell but many of you probably be pretty easy for many of my col- ple of what kind of jobs we have in Col- have. Do you know what Lake Powell leagues just simply to write us off. But orado. On the White River National has done for families in this country, I am asking you not to do that. Take a Forest, the White River National For- how many families are down there in- look at what it really means, what est has two predominant uses. Two- stead of having their kids running out kind of impact you are going to have. thirds of the forest, the predominant to the mall or dad running down to You are going to hear in the next few use in two-thirds of it is recreation. In work? They are down together on a lit- days many statements about how bad one-third of the White River National tle boat on Lake Powell. That lake mountain bikes are I guess. Probably Forest, the predominant use is wilder- does a lot. It recreates. ‘‘Use it but October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9983 don’t destroy it.’’ The Roosevelt the- you, we have been on it for a long time. President Clinton. Follow the path of ory. It is a lot different than the other We have lived on it for a long time. We Teddy Roosevelt: ‘‘Use it and enjoy it, theories that have come out. When we have worked it for a long time. We but don’t abuse it and destroy it.’’ talk about this, when we talk about have used it for a long time. And we f where we are going with the future, I have not abused it for a long time. have got to tell you, as long as I am in Folks, do not be sold on this. Do not RECESS this elected office, I am going to stand automatically assume that the West is The SPEAKER pro tempore (Mr. as strongly as I can for Colorado and being destroyed because of the fact TOOMEY). Pursuant to clause 12 of rule for water rights in the West. I am not that we have ski areas. Do not auto- I, the Chair declares the House in re- just saying that. Because never in my matically assume that the West is cess subject to the call of the Chair. entire career have I felt more of a chal- being destroyed because we have moun- Accordingly (at 9 o’clock and 27 min- lenge to the taking of Colorado water tain bikes. Do not automatically as- utes p.m.), the House stood in recess than I do today. And never in my ca- sume that the West is being destroyed subject to the call of the Chair. reer have I felt more of a challenge to because we allow people to river raft f those 35,000 jobs on the White River and hike and hunt. Do not automati- National Forest. Those are not indirect cally assume because it is not true. We b 2307 jobs, those are direct jobs. That is not do follow the Roosevelt theory: ‘‘Use it 35,000. In fact, it is 35,000 families live but don’t abuse it.’’ AFTER RECESS off that forest. I know that tonight my time is rap- The recess having expired, the House I have never felt a larger threat in idly expiring, but I just want to reit- was called to order by the Speaker pro my political career to those jobs than erate a couple of things. Number one, tempore (Mr. DREIER) at 11 o’clock and the vision coming out of Washington, do not forget that the pioneer spirit 7 minutes p.m. still exists for a lot of us. We are very D.C., the vision that we cannot manage f it, the vision that they need to protect proud of our heritage. We are Ameri- us, to protect us from ourselves. How cans. But we also come from the West. CONFERENCE REPORT ON H.R. 2684, many of you have ever mountain biked I feel very respectful of the people of DEPARTMENTS OF VETERANS out in Colorado? That is a relatively the East. But I am not an Easterner. I AFFAIRS AND HOUSING AND new sport. But if you have, you have am a Westerner. I am not out here to URBAN DEVELOPMENT, AND really gotten into some of that terrain destroy the life-style of the East, and I INDEPENDENT AGENCIES APPRO- and you have been able to access it, ask you people in the East, do not go PRIATIONS ACT, 2000 out of your way to destroy our life- you did not have to hike for miles, you Mr. WALSH submitted the following style in the West. We do not need the have been able to ride in there on your conference report and statement on the eastern United States, the bureauc- bike. Minimal damage to the environ- bill (H.R. 2684) making appropriations racies in Washington, D.C. to protect ment. We managed it well, despite the for the Departments of Veterans Af- us from ourselves. I think we, much, fact that Washington thinks they need fairs and Housing and Urban Develop- much better than some of my col- to protect us from ourselves. We fol- ment, and for sundry independent leagues and some of the people in the lowed the Roosevelt theory: ‘‘Use it agencies, boards, commissions, cor- East, understand that land much, but don’t abuse it.’’ porations, and offices for the fiscal much better than you ever will. We It is the same thing with any other year ending September 30, 2000, and for have got our hands in the soil. All of us type of activity you can imagine, other purposes: whether it is kayaking, whether it is can agree that a common-sense ap- hiking, and so on. You get my message, proach is what is reasonable. But that CONFERENCE REPORT (H. REPT. 106–379) my drift, what I am saying here. means that these people out here who The committee of conference on the dis- Now, what about some of the other want to clear-cut every forest, who agreeing votes of the two Houses on the issues? What about some of the other want to put a ski area on every moun- amendment of the Senate to the bill (H.R. jobs? I do not think it is shameful to tain, who want to build a house on 2684) ‘‘making appropriations for the Depart- ments of Veterans Affairs and Housing and have a sporting goods store and sell every ridge, who want to put a highway Urban Development, and for sundry inde- sporting goods in Colorado. I do not wherever they want to, who want to pendent agencies, boards, commissions, cor- think it is wrong for a small family to build townhouses wherever they want, porations, and offices for the fiscal year end- try and go out and harvest some tim- that means these people are going to ing September 30, 2000, and for other pur- ber. By the way, if you harvest timber have to be moved to the middle, and poses’’, having met, after full and free con- with correct management, it is healthy the people out here like Earth First ference, have agreed to recommend and do for the forest, it is a renewable re- and other hard-core groups out there recommend to their respective Houses as fol- source and, by the way, every one of who think they only have the title to lows: That the House recede from its disagree- you in this room tonight, every one of the environment, who think they only ment to the amendment of the Senate, and your constituents uses wood that is have the knowledge to protect that agree to the same with an amendment, as taken out of some forest somewhere at land, who think only they have the his- follows: some time. Every chair in here. You torical background to manage that In lieu of the matter stricken and inserted look around. You know what I mean. ranch for all of us, that group has also by said amendment, insert: Wood is everywhere. It is a renewable got to be brought to the middle. And That the following sums are appropriated, out resource. But you have to follow the here in the middle is not the leader of of any money in the Treasury not otherwise ap- Roosevelt theory. The Roosevelt the- the United States today, the President propriated, for the Departments of Veterans Af- ory is: ‘‘Use it but don’t abuse it.’’ of the United States, Bill Clinton. That fairs and Housing and Urban Development, and It saddens me to think that here in is not who is here in the middle today. for sundry independent agencies, boards, com- Washington, D.C., frankly a lot of the missions, corporations, and offices for the fiscal He is over here. What is in the middle year ending September 30, 2000, and for other national press is buying this hook, line today was what was in the middle at purposes, namely: and sinker, they are biting at it just the turn of the century and many years TITLE I—DEPARTMENT OF VETERANS like that, it troubles me that back here ago, and, that is, Teddy Roosevelt. AFFAIRS in the East, that even the administra- Teddy Roosevelt is who is in the mid- VETERANS BENEFITS ADMINISTRATION tion in the West Wing, they do not go dle. to the western United States, they And remember, and I will conclude COMPENSATION AND PENSIONS make this decision in the West Wing. with Teddy Roosevelt’s comments, and (INCLUDING TRANSFERS OF FUNDS) They have got some confusion there. It I will paraphrase him: ‘‘You have the For the payment of compensation benefits to bothers me that they are using a decep- right to use it but you don’t have the or on behalf of veterans and a pilot program for disability examinations as authorized by law (38 tion upon the American people that right to abuse it or destroy it.’’ Teddy U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and this land out there, that we are not Roosevelt had it right. It should be 61); pension benefits to or on behalf of veterans taking care of that land. It is public Teddy Roosevelt’s path that we follow. as authorized by law (38 U.S.C. chapters 15, 51, land. It is all of our land. I am telling Do not be misguided down the path of 53, 55, and 61; 92 Stat. 2508); and burial benefits, H9984 CONGRESSIONAL RECORD — HOUSE October 13, 1999 emergency and other officers’ retirement pay, tion 502 of the Congressional Budget Act of 1974, made available under this heading, not to ex- adjusted-service credits and certificates, pay- as amended: Provided further, That these funds ceed $27,907,000 may be transferred to and ment of premiums due on commercial life insur- are available to subsidize gross obligations for merged with the appropriation for ‘‘General op- ance policies guaranteed under the provisions of the principal amount of direct loans not to ex- erating expenses’’: Provided further, That the Article IV of the Soldiers’ and Sailors’ Civil Re- ceed $2,531,000. Department shall conduct by contract a pro- lief Act of 1940, as amended, and for other bene- In addition, for administrative expenses nec- gram of recovery audits for the fee basis and fits as authorized by law (38 U.S.C. 107, 1312, essary to carry out the direct loan program, other medical services contracts with respect to 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 $415,000, which may be transferred to and payments for hospital care; and, notwith- U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. merged with the appropriation for ‘‘General op- standing 31 U.S.C. 3302(b), amounts collected, 735; 76 Stat. 1198), $21,568,364,000, to remain erating expenses’’. by setoff or otherwise, as the result of such au- available until expended: Provided, That not to NATIVE AMERICAN VETERAN HOUSING LOAN dits shall be available, without fiscal year limi- exceed $17,932,000 of the amount appropriated PROGRAM ACCOUNT tation, for the purposes for which funds are ap- shall be reimbursed to ‘‘General operating ex- (INCLUDING TRANSFER OF FUNDS) propriated under this heading and the purposes penses’’ and ‘‘Medical care’’ for necessary ex- For administrative expenses to carry out the of paying a contractor a percent of the amount penses in implementing those provisions author- direct loan program authorized by 38 U.S.C. collected as a result of an audit carried out by ized in the Omnibus Budget Reconciliation Act chapter 37, subchapter V, as amended, $520,000, the contractor: Provided further, That all of 1990, and in the Veterans’ Benefits Act of which may be transferred to and merged with amounts so collected under the preceding pro- 1992 (38 U.S.C. chapters 51, 53, and 55), the the appropriation for ‘‘General operating ex- viso with respect to a designated health care re- funding source for which is specifically provided penses’’. gion (as that term is defined in 38 U.S.C. 1729A(d)(2)) shall be allocated, net of payments as the ‘‘Compensation and pensions’’ appropria- GUARANTEED TRANSITIONAL HOUSING LOANS FOR to the contractor, to that region. tion: Provided further, That such sums as may HOMELESS VETERANS PROGRAM ACCOUNT be earned on an actual qualifying patient basis, In addition, in conformance with Public Law (INCLUDING TRANSFER OF FUNDS) shall be reimbursed to ‘‘Medical facilities revolv- 105–33 establishing the Department of Veterans ing fund’’ to augment the funding of individual For the cost, as defined in section 13201 of the Affairs Medical Care Collections Fund, such medical facilities for nursing home care provided Budget Enforcement Act of 1990, including the sums as may be deposited to such Fund pursu- to pensioners as authorized. cost of modifying loans, of guaranteed loans as ant to 38 U.S.C. 1729A may be transferred to this authorized by 38 U.S.C. chapter 37 subchapter READJUSTMENT BENEFITS account, to remain available until expended for VI, $48,250,000, to remain available until ex- the purposes of this account. For the payment of readjustment and rehabili- pended: Provided, That no more than five loans tation benefits to or on behalf of veterans as au- MEDICAL AND PROSTHETIC RESEARCH may be guaranteed under this program prior to For necessary expenses in carrying out pro- thorized by 38 U.S.C. chapters 21, 30, 31, 34, 35, November 11, 2001: Provided further, That no 36, 39, 51, 53, 55, and 61, $1,469,000,000, to re- grams of medical and prosthetic research and more than fifteen loans may be guaranteed development as authorized by 38 U.S.C. chapter main available until expended: Provided, That under this program: Provided further, That the funds shall be available to pay any court order, 73, to remain available until September 30, 2001, total principal amount of loans guaranteed $321,000,000, plus reimbursements. court award or any compromise settlement aris- under this program may not exceed $100,000,000: ing from litigation involving the vocational MEDICAL ADMINISTRATION AND MISCELLANEOUS Provided further, That not to exceed $750,000 of OPERATING EXPENSES training program authorized by section 18 of the amounts appropriated by this Act for ‘‘Gen- Public Law 98–77, as amended. For necessary expenses in the administration eral operating expenses’’ and ‘‘Medical care’’ of the medical, hospital, nursing home, domi- VETERANS INSURANCE AND INDEMNITIES may be expended for the administrative expenses ciliary, construction, supply, and research ac- For military and naval insurance, national to carry out the guaranteed loan program au- tivities, as authorized by law; administrative ex- service life insurance, servicemen’s indemnities, thorized by 38 U.S.C. chapter 37, subchapter VI. penses in support of capital policy activities, service-disabled veterans insurance, and vet- VETERANS HEALTH ADMINISTRATION $59,703,000 plus reimbursements: Provided, That erans mortgage life insurance as authorized by project technical and consulting services offered 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487, MEDICAL CARE by the Facilities Management Service Delivery $28,670,000, to remain available until expended. (INCLUDING TRANSFER OF FUNDS) Office, including technical consulting services, VETERANS HOUSING BENEFIT PROGRAM FUND For necessary expenses for the maintenance and operation of hospitals, nursing homes, and project management, real property administra- PROGRAM ACCOUNT tion (including leases, site acquisition and dis- (INCLUDING TRANSFER OF FUNDS) domiciliary facilities; for furnishing, as author- ized by law, inpatient and outpatient care and posal activities directly supporting projects), For the cost of direct and guaranteed loans, shall be provided to Department of Veterans Af- such sums as may be necessary to carry out the treatment to beneficiaries of the Department of Veterans Affairs, including care and treatment fairs components only on a reimbursable basis, program, as authorized by 38 U.S.C. chapter 37, and such amounts will remain available until as amended: Provided, That such costs, includ- in facilities not under the jurisdiction of the De- partment; and furnishing recreational facilities, September 30, 2000. ing the cost of modifying such loans, shall be as GENERAL POST FUND, NATIONAL HOMES defined in section 502 of the Congressional supplies, and equipment; funeral, burial, and other expenses incidental thereto for bene- (INCLUDING TRANSFER OF FUNDS) Budget Act of 1974, as amended: Provided fur- For the cost of direct loans, $7,000, as author- ther, That during fiscal year 2000, within the re- ficiaries receiving care in the Department; ad- ministrative expenses in support of planning, ized by Public Law 102–54, section 8, which sources available, not to exceed $300,000 in gross shall be transferred from the ‘‘General post obligations for direct loans are authorized for design, project management, real property ac- quisition and disposition, construction and ren- fund’’: Provided, That such costs, including the specially adapted housing loans. cost of modifying such loans, shall be as defined In addition, for administrative expenses to ovation of any facility under the jurisdiction or for the use of the Department; oversight, engi- in section 502 of the Congressional Budget Act carry out the direct and guaranteed loan pro- of 1974, as amended: Provided further, That grams, $156,958,000, which may be transferred to neering and architectural activities not charged to project cost; repairing, altering, improving or these funds are available to subsidize gross obli- and merged with the appropriation for ‘‘General gations for the principal amount of direct loans operating expenses’’. providing facilities in the several hospitals and homes under the jurisdiction of the Department, not to exceed $70,000. EDUCATION LOAN FUND PROGRAM ACCOUNT not otherwise provided for, either by contract or In addition, for administrative expenses to (INCLUDING TRANSFER OF FUNDS) by the hire of temporary employees and pur- carry out the direct loan programs, $54,000, For the cost of direct loans, $1,000, as author- chase of materials; uniforms or allowances which shall be transferred from the ‘‘General ized by 38 U.S.C. 3698, as amended: Provided, therefor, as authorized by 5 U.S.C. 5901–5902; post fund’’, as authorized by Public Law 102–54, That such costs, including the cost of modifying aid to State homes as authorized by 38 U.S.C. section 8. such loans, shall be as defined in section 502 of 1741; administrative and legal expenses of the DEPARTMENTAL ADMINISTRATION the Congressional Budget Act of 1974, as amend- Department for collecting and recovering GENERAL OPERATING EXPENSES ed: Provided further, That these funds are amounts owed the Department as authorized For necessary operating expenses of the De- available to subsidize gross obligations for the under 38 U.S.C. chapter 17, and the Federal partment of Veterans Affairs, not otherwise pro- principal amount of direct loans not to exceed Medical Care Recovery Act, 42 U.S.C. 2651 et vided for, including uniforms or allowances $3,000. seq.; and not to exceed $8,000,000 to fund cost therefor; not to exceed $25,000 for official recep- In addition, for administrative expenses nec- comparison studies as referred to in 38 U.S.C. tion and representation expenses; hire of pas- essary to carry out the direct loan program, 8110(a)(5), $19,006,000,000, plus reimbursements: senger motor vehicles; and reimbursement of the $214,000, which may be transferred to and Provided, That of the funds made available General Services Administration for security merged with the appropriation for ‘‘General op- under this heading, $900,000,000 is for the equip- guard services, and the Department of Defense erating expenses’’. ment and land and structures object classifica- for the cost of overseas employee mail, VOCATIONAL REHABILITATION LOANS PROGRAM tions only, which amount shall not become $912,594,000: Provided, That of the funds made ACCOUNT available for obligation until August 1, 2000, available under this heading, not to exceed (INCLUDING TRANSFER OF FUNDS) and shall remain available until September 30, $45,600,000 shall be available until September 30, For the cost of direct loans, $57,000, as au- 2001: Provided further, That of the funds made 2001: Provided further, That funds under this thorized by 38 U.S.C. chapter 31, as amended: available under this heading, not to exceed heading shall be available to administer the Provided, That such costs, including the cost of $900,000,000 shall be available until September Service Members Occupational Conversion and modifying such loans, shall be as defined in sec- 30, 2001: Provided further, That of the funds Training Act. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9985

NATIONAL CEMETERY ADMINISTRATION obligated balances of previous ‘‘Construction, Life Insurance Fund (38 U.S.C. 1955), reimburse (INCLUDING TRANSFER OF FUNDS) minor projects’’ appropriations which are here- the ‘‘General operating expenses’’ account for For necessary expenses for the maintenance by made available for any project where the es- the cost of administration of the insurance pro- and operation of the National Cemetery Admin- timated cost is less than $4,000,000: Provided, grams financed through those accounts: Pro- istration, not otherwise provided for, including That funds in this account shall be available vided, That reimbursement shall be made only uniforms or allowances therefor; cemeterial ex- for: (1) repairs to any of the nonmedical facili- from the surplus earnings accumulated in an in- penses as authorized by law; purchase of two ties under the jurisdiction or for the use of the surance program in fiscal year 2000, that are passenger motor vehicles for use in cemeterial Department which are necessary because of loss available for dividends in that program after operations; and hire of passenger motor vehi- or damage caused by any natural disaster or ca- claims have been paid and actuarially deter- mined reserves have been set aside: Provided cles, $97,256,000: Provided, That of the amount tastrophe; and (2) temporary measures nec- further, That if the cost of administration of an made available under this heading, not to ex- essary to prevent or to minimize further loss by insurance program exceeds the amount of sur- ceed $117,000 may be transferred to and merged such causes. plus earnings accumulated in that program, re- with the appropriation for ‘‘General operating PARKING REVOLVING FUND imbursement shall be made only to the extent of expenses’’. For the parking revolving fund as authorized such surplus earnings: Provided further, That OFFICE OF INSPECTOR GENERAL by 38 U.S.C. 8109, income from fees collected, to remain available until expended, which shall be the Secretary shall determine the cost of admin- (INCLUDING TRANSFER OF FUNDS) available for all authorized expenses except op- istration for fiscal year 2000, which is properly For necessary expenses of the Office of In- erations and maintenance costs, which will be allocable to the provision of each insurance pro- spector General in carrying out the Inspector funded from ‘‘Medical care’’. gram and to the provision of any total disability General Act of 1978, as amended, $43,200,000: income insurance included in such insurance Provided, That of the amount made available GRANTS FOR CONSTRUCTION OF STATE EXTENDED program. under this heading, not to exceed $30,000 may be CARE FACILITIES SEC. 108. (a) The Congress supports efforts to transferred to and merged with the appropria- For grants to assist States to acquire or con- implement improvements in health care services tion for ‘‘General operating expenses’’. struct State nursing home and domiciliary fa- for veterans in rural areas. cilities and to remodel, modify or alter existing CONSTRUCTION, MAJOR PROJECTS (b) REPORT REQUIRED.—(1) Not later than 6 hospital, nursing home and domiciliary facilities For constructing, altering, extending and im- months after the date of the enactment of this in State homes, for furnishing care to veterans proving any of the facilities under the jurisdic- Act, the Secretary of Veterans Affairs shall sub- as authorized by 38 U.S.C. 8131–8137, tion or for the use of the Department of Vet- mit to the Committees on Veterans’ Affairs of $90,000,000, to remain available until expended. erans Affairs, or for any of the purposes set the Senate and the House of Representatives a forth in sections 316, 2404, 2406, 8102, 8103, 8106, GRANTS FOR THE CONSTRUCTION OF STATE report on the impact of the allocation of funds 8108, 8109, 8110, and 8122 of title 38, United VETERANS CEMETERIES under the Veterans Equitable Resource Alloca- States Code, including planning, architectural For grants to aid States in establishing, ex- tion (VERA) funding formula on the rural sub- and engineering services, maintenance or guar- panding, or improving State veteran cemeteries regions of the health care system administered antee period services costs associated with as authorized by 38 U.S.C. 2408, $25,000,000, to by the Veterans Health Administration. remain available until expended. (2) The report shall include the following: equipment guarantees provided under the (A) An assessment of impact of the allocation ADMINISTRATIVE PROVISIONS project, services of claims analysts, offsite utility of funds under the VERA formula on— and storm drainage system construction costs, (INCLUDING TRANSFER OF FUNDS) (i) travel times to veterans health care in rural and site acquisition, where the estimated cost of SEC. 101. Any appropriation for fiscal year areas; a project is $4,000,000 or more or where funds for 2000 for ‘‘Compensation and pensions’’, ‘‘Read- (ii) waiting periods for appointments for vet- a project were made available in a previous justment benefits’’, and ‘‘Veterans insurance erans health care in rural areas; major project appropriation, $65,140,000, to re- and indemnities’’ may be transferred to any (iii) the cost associated with additional com- main available until expended: Provided, That other of the mentioned appropriations. munity-based outpatient clinics; except for advance planning of projects (includ- SEC. 102. Appropriations available to the De- (iv) transportation costs; and ing market-based assessments of health care partment of Veterans Affairs for fiscal year 2000 (v) the unique challenges that Department of needs which may or may not lead to capital in- for salaries and expenses shall be available for Veterans Affairs medical centers in rural, low- vestments) funded through the advance plan- services authorized by 5 U.S.C. 3109. population subregions face in attempting to in- ning fund and the design of projects funded SEC. 103. No appropriations in this Act for the crease efficiency without large economies of through the design fund, none of these funds Department of Veterans Affairs (except the ap- scale. shall be used for any project which has not been propriations for ‘‘Construction, major projects’’, (B) The recommendations of the Secretary, if considered and approved by the Congress in the ‘‘Construction, minor projects’’, and the ‘‘Park- any, on how rural veterans’ access to health budgetary process: Provided further, That funds ing revolving fund’’) shall be available for the care services might be enhanced. SEC. 109. The Secretary of Veterans Affairs provided in this appropriation for fiscal year purchase of any site for or toward the construc- may carry out a major medical facility project to 2000, for each approved project shall be obli- tion of any new hospital or home. renovate and construct facilities at the Olin E. gated: (1) by the awarding of a construction SEC. 104. No appropriations in this Act for the Teague Department of Veterans Affairs Medical documents contract by September 30, 2000; and Department of Veterans Affairs shall be avail- Center, Temple, Texas, for a joint venture Car- (2) by the awarding of a construction contract able for hospitalization or examination of any diovascular Institute, in an amount not to ex- by September 30, 2001: Provided further, That persons (except beneficiaries entitled under the ceed $11,500,000. In order to carry out that the Secretary shall promptly report in writing to laws bestowing such benefits to veterans, and project, the amount of $11,500,000 appropriated the Committees on Appropriations any approved persons receiving such treatment under 5 U.S.C. for fiscal year 1998 and programmed for the ren- major construction project in which obligations 7901–7904 or 42 U.S.C. 5141–5204), unless reim- ovation of Building 9 at the Waco, Texas, De- are not incurred within the time limitations es- bursement of cost is made to the ‘‘Medical care’’ partment of Veterans Affairs Medical Center is tablished above: Provided further, That no account at such rates as may be fixed by the hereby made available for that project. funds from any other account except the ‘‘Park- Secretary of Veterans Affairs. SEC. 110. Notwithstanding any other provision ing revolving fund’’, may be obligated for con- SEC. 105. Appropriations available to the De- structing, altering, extending, or improving a of this Act, none of the funds appropriated or partment of Veterans Affairs for fiscal year 2000 otherwise made available in this Act for the project which was approved in the budget proc- for ‘‘Compensation and pensions’’, ‘‘Readjust- ess and funded in this account until 1 year after Medical Care appropriation of the Department ment benefits’’, and ‘‘Veterans insurance and of Veterans Affairs may be obligated for the re- substantial completion and beneficial occupancy indemnities’’ shall be available for payment of by the Department of Veterans Affairs of the alignment of the health care delivery system in prior year accrued obligations required to be re- VISN 12 until 60 days after the Secretary of Vet- project or any part thereof with respect to that corded by law against the corresponding prior part only. erans Affairs certifies that the Department has: year accounts within the last quarter of fiscal (1) consulted with veterans organizations, med- CONSTRUCTION, MINOR PROJECTS year 1999. ical school affiliates, employee representatives, For constructing, altering, extending, and im- SEC. 106. Appropriations accounts available to State veterans and health associations, and proving any of the facilities under the jurisdic- the Department of Veterans Affairs for fiscal other interested parties with respect to the re- tion or for the use of the Department of Vet- year 2000 shall be available to pay prior year ob- alignment plan to be implemented; and (2) made erans Affairs, including planning, architectural ligations of corresponding prior year appropria- available to the Congress and the public infor- and engineering services, maintenance or guar- tions accounts resulting from title X of the Com- mation from the consultations regarding possible antee period services costs associated with petitive Equality Banking Act, Public Law 100– impacts on the accessibility of veterans health equipment guarantees provided under the 86, except that if such obligations are from trust care services to affected veterans. project, services of claims analysts, offsite utility fund accounts they shall be payable from ‘‘Com- TITLE II—DEPARTMENT OF HOUSING AND and storm drainage system construction costs, pensation and pensions’’. URBAN DEVELOPMENT and site acquisition, or for any of the purposes SEC. 107. Notwithstanding any other provision set forth in sections 316, 2404, 2406, 8102, 8103, of law, during fiscal year 2000, the Secretary of PUBLIC AND INDIAN HOUSING 8106, 8108, 8109, 8110, and 8122 of title 38, United Veterans Affairs shall, from the National Serv- HOUSING CERTIFICATE FUND States Code, where the estimated cost of a ice Life Insurance Fund (38 U.S.C. 1920), the (INCLUDING TRANSFERS OF FUNDS) project is less than $4,000,000, $160,000,000, to re- Veterans’ Special Life Insurance Fund (38 For activities and assistance to prevent the in- main available until expended, along with un- U.S.C. 1923), and the United States Government voluntary displacement of low-income families, H9986 CONGRESSIONAL RECORD — HOUSE October 13, 1999 the elderly and the disabled because of the loss rehabilitation, relocation/replacement/demoli- to $75,000,000 shall be available for the Secretary of affordable housing stock, expiration of sub- tion, section 23 conversions, rental and disaster of Housing and Urban Development to make sidy contracts (other than contracts for which vouchers, loan management set-aside, section grants to public housing agencies for emergency amounts are provided under another heading in 514 technical assistance, and other programs capital needs resulting from emergencies and this Act) or expiration of use restrictions, or previously funded within the ‘‘Annual Con- natural disasters in fiscal year 2000: Provided other changes in housing assistance arrange- tributions’’ account shall be transferred to this further, That all balances for debt service for ments, and for other purposes, $11,376,695,000 account, to be available for the purposes for Public and Indian Housing and Public and In- and amounts that are recaptured in this ac- which they were originally appropriated: Pro- dian Housing Grants previously funded within count, and recaptured under the appropriation vided further, That all balances in the ‘‘Section the ‘‘Annual Contributions for Assisted Hous- for ‘‘Annual contributions for assisted hous- 8 Reserve Preservation’’ account shall be trans- ing’’ account shall be transferred to this ac- ing’’, to remain available until expended: Pro- ferred to this account, to be available for the count, to be available for the purposes for which vided, That of the total amount provided under purposes for which they were originally appro- they were originally appropriated. this heading, $10,990,135,000, of which priated: Provided further, That the unexpended PUBLIC HOUSING OPERATING FUND $6,790,135,000 shall be available on October 1, amounts previously appropriated for special (INCLUDING TRANSFERS OF FUNDS) 1999 and $4,200,000,000 shall be available on Oc- purpose grants within the ‘‘Annual Contribu- For payments to public housing agencies for tober 1, 2000, shall be for assistance under the tions for Assisted Housing’’ account shall be re- the operation and management of public hous- United States Housing Act of 1937 (‘‘the Act’’ captured and transferred to this account, to be ing, as authorized by section 9(e) of the United herein) (42 U.S.C. 1437) for use in connection available for assistance under the Act for use in States Housing Act of 1937, as amended (42 with expiring or terminating section 8 subsidy connection with expiring or terminating section U.S.C. 1437g), $3,138,000,000, to remain available contracts, for amendments to section 8 subsidy 8 subsidy contracts: Provided further, That of until expended: Provided, That no funds may be contracts, for enhanced vouchers (including the amounts previously appropriated for prop- used under this heading for the purposes speci- amendments and renewals) under any provision erty disposition within the ‘‘Annual Contribu- fied in section 9(k) of the United States Housing of law authorizing such assistance under sec- tions for Assisted Housing’’ account, up to Act of 1937. tion 8(t) of the United States Housing Act of $79,000,000 shall be transferred to this account, DRUG ELIMINATION GRANTS FOR LOW-INCOME 1937 (47 U.S.C. 1437f(t)), as added by section 538 to be available for assistance under the Act for HOUSING of title V of this Act, and contracts entered into use in connection with expiring or terminating For grants to public housing agencies and In- pursuant to section 441 of the Stewart B. section 8 subsidy contracts: Provided further, dian tribes and their tribally designated housing McKinney Homeless Assistance Act: Provided That of the unexpended amounts previously ap- entities for use in eliminating crime in public further, That amounts available under the first propriated for carrying out the Low-Income housing projects authorized by 42 U.S.C. 11901– proviso under this heading may be available for Housing Preservation and Resident Homeowner- 11908, for grants for federally assisted low-in- section 8 rental assistance under the United ship Act of 1990 and the Emergency Low Income States Housing Act of 1937: (1) to relocate resi- come housing authorized by 42 U.S.C. 11909, and Housing Preservation Act of 1987, other than for drug information clearinghouse services au- dents of properties: (A) that are owned by the amounts made available for rental assistance, Secretary and being disposed of; or (B) that are thorized by 42 U.S.C. 11921–11925, $310,000,000, within the ‘‘Annual Contributions for Assisted to remain available until expended: Provided, discontinuing section 8 project-based assistance; Housing’’ and ‘‘Preserving Existing Housing In- (2) for relocation and replacement housing for That of the total amount provided under this vestments’’ accounts, shall be recaptured and units that are demolished or disposed of: (A) heading, up to $4,500,000 shall be solely for tech- transferred to this account, to be available for from the public housing inventory (in addition nical assistance, technical assistance grants, assistance under the Act for use in connection to amounts that may be available for such pur- training, and program assessment for or on be- with expiring or terminating section 8 subsidy poses under this and other headings); or (B) half of public housing agencies, resident organi- contracts: Provided further, That of the total pursuant to section 24 of the United States zations, and Indian tribes and their tribally des- amount provided under this heading, Housing Act of 1937 or to other authority for the ignated housing entities (including up to $346,560,000 shall be made available for incre- revitalization of severely distressed public hous- $150,000 for the cost of necessary travel for par- mental vouchers under section 8 of the United ing, as set forth in the Appropriations Acts for ticipants in such training): Provided further, States Housing Act of 1937 on a fair share basis the Departments of Veterans Affairs and Hous- That of the amount provided under this head- ing and Urban Development, and Independent and administered by public housing agencies: ing, $10,000,000 shall be used in connection with Agencies for fiscal years 1993, 1994, 1995, and Provided further, That of the balances remain- efforts to combat violent crime in public and as- 1997, and in the Omnibus Consolidated Rescis- ing from funds appropriated under this heading sisted housing under the Operation Safe Home sions and Appropriations Act of 1996; (3) for the or the heading ‘‘Annual Contributions for As- Program administered by the Inspector General conversion of section 23 projects to assistance sisted Housing’’ during fiscal year 2000 and of the Department of Housing and Urban Devel- under section 8; (4) for funds to carry out the prior years, $2,243,000,000 is rescinded: Provided opment: Provided further, That of the amount family unification program; (5) for the reloca- further, That of the amount rescinded under the under this heading, $10,000,000 shall be provided tion of witnesses in connection with efforts to previous proviso, $1,300,000,000 shall be from to the Office of Inspector General for Operation combat crime in public and assisted housing amounts recaptured and the Secretary shall Safe Home: Provided further, That of the pursuant to a request from a law enforcement or have discretion to specify the amounts to be re- amount under this heading, $20,000,000 shall be prosecution agency; and (6) for the 1-year re- scinded from each of the foregoing accounts, available for a program named the New Ap- newal of section 8 contracts for units in a $505,000,000 shall be from unobligated balances, proach Anti-Drug program which will provide project that is subject to an approved plan of and $438,000,000 shall be from amounts that competitive grants to entities managing or oper- action under the Emergency Low Income Hous- were appropriated in fiscal year 1999 and prior ating public housing developments, federally as- ing Preservation Act of 1987 or the Low-Income years for section 8 assistance including assist- sisted multifamily housing developments, or Housing Preservation and Resident Homeowner- ance to relocate residents of properties that are other multifamily housing developments for low- ship Act of 1990: Provided further, That of the owned by the Secretary and being disposed of or income families supported by non-Federal gov- total amount provided under this heading, that are discontinuing section 8 project-based ernmental entities or similar housing develop- $40,000,000 shall be made available to nonelderly assistance, for relocation and replacement hous- ments supported by nonprofit private sources in disabled families affected by the designation of ing for units that are demolished or disposed of order to provide or augment security (including a public housing development under section 7 of from the public housing inventory, and for en- personnel costs), to assist in the investigation such Act, the establishment of preferences in ac- hanced vouchers as provided under the ‘‘Pre- and/or prosecution of drug related criminal ac- cordance with section 651 of the Housing and serving Existing Housing Investment’’ account tivity in and around such developments, and to Community Development Act of 1992 (42 U.S.C. in the Departments of Veterans Affairs and provide assistance for the development of capital 1361l), or the restriction of occupancy to elderly Housing and Urban Development, and Inde- improvements at such developments directly re- families in accordance with section 658 of such pendent Agencies Appropriations Act, 1997 lating to the security of such developments: Pro- Act, and to the extent the Secretary determines (Public Law 104–204). vided further, That grants for the New Ap- that such amount is not needed to fund applica- PUBLIC HOUSING CAPITAL FUND proach Anti-Drug program shall be made on a tions for such affected families, to other non- (INCLUDING TRANSFERS OF FUNDS) competitive basis as specified in section 102 of elderly disabled families: Provided further, That For the Public Housing Capital Fund Program the Department of Housing and Urban Develop- amounts available under this heading may be to carry out capital and management activities ment Reform Act of 1989. made available for administrative fees and other for public housing agencies, as authorized REVITALIZATION OF SEVERELY DISTRESSED PUBLIC expenses to cover the cost of administering rent- under section 9 of the United States Housing HOUSING (HOPE VI) al assistance programs under section 8 of the Act of 1937, as amended (42 U.S.C. 1437), For grants to public housing agencies for dem- United States Housing Act of 1937: Provided fur- $2,900,000,000, to remain available until ex- olition, site revitalization, replacement housing, ther, That the fee otherwise authorized under pended: Provided, That of the total amount, up and tenant-based assistance grants to projects section 8(q) of such Act shall be determined in to $75,000,000 shall be for carrying out activities as authorized by section 24 of the United States accordance with section 8(q), as in effect imme- under section 9(h) of such Act, and for lease ad- Housing Act of 1937, $575,000,000 to remain diately before the enactment of the Quality justments to section 23 projects: Provided fur- available until expended of which the Secretary Housing and Work Responsibility Act of 1998: ther, That no funds may be used under this may use up to $10,000,000 for technical assist- Provided further, That all balances for the sec- heading for the purposes specified in section ance and contract expertise, to be provided di- tion 8 rental assistance, section 8 counseling, 9(k) of the United States Housing Act of 1937: rectly or indirectly by grants, contracts or coop- section 8 new construction, section 8 substantial Provided further, That of the total amount, up erative agreements, including training and cost October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9987 of necessary travel for participants in such of the amount under this heading, up to Education Act, as amended: Provided further, training, by or to officials and employees of the $3,000,000 shall be used to develop capacity at That $20,000,000 shall be for grants pursuant to Department and of public housing agencies and the State and local level for developing rural the Self Help Housing Opportunity Program: to residents: Provided, That none of such funds housing and for rural economic development Provided further, That not to exceed 20 percent shall be used directly or indirectly by granting and for maintaining a clearinghouse of ideas for of any grant made with funds appropriated competitive advantage in awards to settle litiga- innovative strategies for rural housing and eco- herein (other than a grant made available in tion or pay judgments, unless expressly per- nomic development and revitalization: Provided this paragraph to the Housing Assistance Coun- mitted herein: Provided further, That of the further, That of the amount under this heading, cil or the National American Indian Housing amount provided under this heading, $1,200,000 at least $22,000,000 shall be awarded by June 1, Council, or a grant using funds under section shall be contracted through the Secretary to be 2000 to Indian tribes, State housing finance 107(b)(3) of the Housing and Community Devel- used by the Urban Institute to conduct an inde- agencies, State community and/or economic de- opment Act of 1974, as amended) shall be ex- pendent study on the long-term effects of the velopment agencies, local rural nonprofits and pended for ‘‘Planning and Management Devel- HOPE VI program on former residents of dis- community development corporations to support opment’’ and ‘‘Administration’’ as defined in tressed public housing developments. innovative housing and economic development regulations promulgated by the Department: NATIVE AMERICAN HOUSING BLOCK GRANTS activities in rural areas: Provided further, That Provided further, That all balances for the Eco- nomic Development Initiative grants program, (INCLUDING TRANSFER OF FUNDS) all grants shall be awarded on a competitive the John Heinz Neighborhood Development pro- For the Native American Housing Block basis as specified in section 102 of the HUD Re- gram, grants to Self Help Housing Opportunity Grants program, as authorized under title I of form Act. program, and the Moving to Work Demonstra- the Native American Housing Assistance and AMERICA’S PRIVATE INVESTMENT COMPANIES PROGRAM ACCOUNT tion program previously funded within the ‘‘An- Self-Determination Act of 1996 (NAHASDA) nual Contributions for Assisted Housing’’ ac- (Public Law 104–330), $620,000,000, to remain (INCLUDING TRANSFER OF FUNDS) count shall be transferred to this account, to be available until expended, of which $2,000,000 For the cost of guaranteed loans under the available for the purposes for which they were shall be contracted through the Secretary as America’s Private Investment Companies Pro- originally appropriated. technical assistance and capacity building to be gram, $20,000,000, to remain available until Sep- Of the amount made available under this used by the National American Indian Housing tember 30, 2002: Provided, That such costs, in- heading, $23,750,000 shall be made available for Council in support of the implementation of cluding the cost of modifying loans, shall be as capacity building, of which $20,000,000 shall be NAHASDA and up to $4,000,000 by the Secretary defined in section 502 of the Congressional made available for ‘‘Capacity Building for Com- to support the inspection of Indian housing Budget Act of 1974, as amended: Provided fur- munity Development and Affordable Housing,’’ units, contract expertise, training, and technical ther, That these funds are available to subsidize for LISC and the Enterprise Foundation for ac- assistance in the oversight and management of total loan principal, any part of which is guar- tivities as authorized by section 4 of the HUD Indian housing and tenant-based assistance, in- anteed, not to exceed $541,000,000: Provided fur- Demonstration Act of 1993 (Public Law 103–120), cluding up to $200,000 for related travel: Pro- ther, That the funds appropriated under this as in effect immediately before June 12, 1997, vided, That of the amount provided under this heading shall not be available for obligation with not less than $4,000,000 of the funding to be heading, $6,000,000 shall be made available for until the America’s Private Investment Compa- used in rural areas, including tribal areas, and the cost of guaranteed notes and other obliga- nies Program is authorized by subsequent legis- of which $3,750,000 shall be made available to tions, as authorized by title VI of NAHASDA: lation and the program is developed subject to Habitat for Humanity International. Provided further, That such costs, including the notice and comment rulemaking: Provided fur- Of the amount made available under this costs of modifying such notes and other obliga- ther, That if the authorizing legislation is not heading, the Secretary of Housing and Urban tions, shall be as defined in section 502 of the enacted by June 30, 2000, all funds under this Development may use up to $55,000,000 for sup- Congressional Budget Act of 1974, as amended: heading shall be transferred to and merged with portive services for public housing residents, as Provided further, That these funds are available the appropriation for the ‘‘Community develop- authorized by section 34 of the United States to subsidize the total principal amount of any ment financial institutions fund program ac- Housing Act of 1937, as amended, and for grants notes and other obligations, any part of which count’’ to be available for use as grants and for service coordinators and congregate services is to be guaranteed, not to exceed $54,600,000: loans under that account. for the elderly and disabled residents of public Provided further, That for administrative ex- URBAN EMPOWERMENT ZONES and assisted housing: Provided further, That penses to carry out the guaranteed loan pro- For grants in connection with a second round amounts made available for congregate services gram, up to $200,000 from amounts in the first of the empowerment zones program in urban and service coordinators for the elderly and dis- proviso, which shall be transferred to and areas, designated by the Secretary of Housing abled under this heading and in prior fiscal merged with the appropriation for ‘‘Salaries and and Urban Development in fiscal year 1999 pur- years may be used by grantees to reimburse expenses’’, to be used only for the administra- suant to the Taxpayer Relief Act of 1997, themselves for costs incurred in connection with tive costs of these guarantees. $55,000,000 to the Secretary of Housing and providing service coordinators previously ad- INDIAN HOUSING LOAN GUARANTEE FUND Urban Development for ‘‘Urban Empowerment vanced by grantees out of other funds due to PROGRAM ACCOUNT Zones’’, including $3,666,000 for each empower- delays in the granting by or receipt of funds (INCLUDING TRANSFER OF FUNDS) ment zone for use in conjunction with economic from the Secretary, and the funds so made For the cost of guaranteed loans, as author- development activities consistent with the stra- available to grantees for congregate services or ized by section 184 of the Housing and Commu- tegic plan of each empowerment zone, to remain service coordinators under this heading or in nity Development Act of 1992 (106 Stat. 3739), available until expended. prior years shall be considered as expended by $6,000,000, to remain available until expended: RURAL EMPOWERMENT ZONES the grantees upon such reimbursement. The Sec- Provided, That such costs, including the costs of For grants for the rural empowerment zone retary shall not condition the availability of modifying such loans, shall be as defined in sec- and enterprise communities programs, as des- funding made available under this heading or in tion 502 of the Congressional Budget Act of 1974, ignated by the Secretary of Agriculture, prior years for congregate services or service co- as amended: Provided further, That these funds $15,000,000 to the Secretary of Agriculture for ordinators upon any grantee’s obligation or ex- are available to subsidize total loan principal, grants for designated empowerment zones in penditure of any prior funding. any part of which is to be guaranteed, not to ex- rural areas and for grants for designated rural Of the amount made available under this ceed $71,956,000. enterprise communities, to remain available heading, $30,000,000 shall be available for neigh- In addition, for administrative expenses to until expended. borhood initiatives that are utilized to improve the conditions of distressed and blighted areas carry out the guaranteed loan program, up to COMMUNITY DEVELOPMENT BLOCK GRANTS $150,000 from amounts in the first paragraph, and neighborhoods, to stimulate investment, which shall be transferred to and merged with (INCLUDING TRANSFERS OF FUNDS) economic diversification, and community revi- the appropriation for ‘‘Salaries and expenses’’, For grants to States and units of general local talization in areas with population outmigration to be used only for the administrative costs of government and for related expenses, not other- or a stagnating or declining economic base, or to these guarantees. wise provided for, to carry out a community de- determine whether housing benefits can be inte- velopment grants program as authorized by title COMMUNITY PLANNING AND DEVELOPMENT grated more effectively with welfare reform ini- I of the Housing and Community Development tiatives: Provided, that any unobligated bal- HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS Act of 1974, as amended (the ‘‘Act’’ herein) (42 ances of amounts set aside for neighborhood ini- For carrying out the Housing Opportunities U.S.C. 5301), $4,800,000,000, to remain available tiatives in fiscal years 1998 and 1999 may be uti- for Persons with AIDS program, as authorized until September 30, 2002: Provided, That lized for any of the foregoing purposes: Provided by the AIDS Housing Opportunity Act (42 $67,000,000 shall be for grants to Indian tribes further, That of the amount set aside for fiscal U.S.C. 12901), $232,000,000, to remain available notwithstanding section 106(a)(1) of such Act, year 2000 under this paragraph, $23,000,000 shall until expended: Provided, That the Secretary $3,000,000 shall be available as a grant to the be used for grants specified in the statement of may use up to 0.75 percent of the funds under Housing Assistance Council, $2,200,000 shall be the Managers of the Committee of Conference this heading for technical assistance. available as a grant to the National American accompanying this Act. RURAL HOUSING AND ECONOMIC DEVELOPMENT Indian Housing Council, and $41,500,000 shall Of the amount made available under this For the Office of Rural Housing and Eco- be for grants pursuant to section 107 of the Act heading, $30,000,000 shall be available for neigh- nomic Development in the Department of Hous- including $2,000,000 to support Alaska Native borhood initiatives. ing and Urban Development, $25,000,000, to re- serving institutions and native Hawaiian serv- Of the amount made available under this main available until expended: Provided, That ing institutions, as defined under the Higher heading, notwithstanding any other provision H9988 CONGRESSIONAL RECORD — HOUSE October 13, 1999 of law, $42,500,000 shall be available for Stewart B. McKinney Homeless Assistance Act, may make provision for alternative conditions or YouthBuild program activities authorized by as amended); the supportive housing program terms where appropriate. subtitle D of title IV of the Cranston-Gonzalez (as authorized under subtitle C of title IV of FLEXIBLE SUBSIDY FUND National Affordable Housing Act, as amended, such Act); the section 8 moderate rehabilitation (TRANSFER OF FUNDS) and such activities shall be an eligible activity single room occupancy program (as authorized From the Rental Housing Assistance Fund, all with respect to any funds made available under under the United States Housing Act of 1937, as uncommitted balances of excess rental charges this heading: Provided, That local YouthBuild amended) to assist homeless individuals pursu- as of September 30, 1999, and any collections programs that demonstrate an ability to leverage ant to section 441 of the Stewart B. McKinney made during fiscal year 2000, shall be trans- private and nonprofit funding shall be given a Homeless Assistance Act; and the shelter plus ferred to the Flexible Subsidy Fund, as author- priority for YouthBuild funding: Provided fur- care program (as authorized under subtitle F of ized by section 236(g) of the National Housing ther, That of the amount provided under this title IV of such Act), $1,020,000,000, to remain Act, as amended. paragraph, $2,500,000 shall be set aside and available until expended: Provided, That not made available for a grant to Youthbuild USA less than 30 percent of these funds shall be used FEDERAL HOUSING ADMINISTRATION for capacity building for community develop- for permanent housing, and all funding for FHA—MUTUAL MORTGAGE INSURANCE PROGRAM ment and affordable housing activities as speci- services must be matched by 25 percent in fund- ACCOUNT fied in section 4 of the HUD Demonstration Act ing by each grantee: Provided further, That the (INCLUDING TRANSFERS OF FUNDS) of 1993, as amended. Secretary of Housing and Urban Development During fiscal year 2000, commitments to guar- Of the amount made available under this shall conduct a review of any balances of antee loans to carry out the purposes of section heading, $275,000,000 shall be available for amounts provided under this heading in any 203(b) of the National Housing Act, as amended, grants for the Economic Development Initiative previous appropriations Acts that have been ob- shall not exceed a loan principal of (EDI) to finance a variety of economic develop- ligated but remain unexpended and shall $140,000,000,000. ment efforts, including $240,000,000 for making deobligate any such amounts that the Secretary During fiscal year 2000, obligations to make individual grants for targeted economic invest- determines were obligated for contracts that are direct loans to carry out the purposes of section ments in accordance with the terms and condi- unlikely to be performed and award such 204(g) of the National Housing Act, as amended, tions specified for such grants in the statement amounts during this fiscal year: Provided fur- shall not exceed $100,000,000: Provided, That the of the managers of the committee of conference ther, That up to 1 percent of the funds appro- foregoing amount shall be for loans to nonprofit accompanying this Act. priated under this heading may be used for and governmental entities in connection with For the cost of guaranteed loans, $29,000,000, technical assistance: Provided further, That all sales of single family real properties owned by as authorized by section 108 of the Housing and balances previously appropriated in the ‘‘Emer- the Secretary and formerly insured under the Community Development Act of 1974: Provided, gency Shelter Grants’’, ‘‘Supportive Housing’’, Mutual Mortgage Insurance Fund. That such costs, including the cost of modifying ‘‘Supplemental Assistance for Facilities to Assist For administrative expenses necessary to such loans, shall be as defined in section 502 of the Homeless’’, ‘‘Shelter Plus Care’’, ‘‘Section 8 carry out the guaranteed and direct loan pro- the Congressional Budget Act of 1974, as amend- Moderate Rehabilitation Single Room Occu- gram, $330,888,000, of which not to exceed ed: Provided further, That these funds are pancy’’, and ‘‘Innovative Homeless Initiatives $324,866,000 shall be transferred to the appro- available to subsidize total loan principal, any Demonstration’’ accounts shall be transferred to priation for ‘‘Salaries and expenses’’; not to ex- part of which is to be guaranteed, not to exceed and merged with this account, to be available ceed $4,022,000 shall be transferred to the appro- $1,261,000,000, notwithstanding any aggregate priation for the Office of Inspector General. In limitation on outstanding obligations guaran- for any authorized purpose under this heading. teed in section 108(k) of the Housing and Com- HOUSING PROGRAMS addition, for administrative contract expenses, munity Development Act of 1974: Provided fur- HOUSING FOR SPECIAL POPULATIONS $160,000,000: Provided, That to the extent guar- ther, That in addition, for administrative ex- For assistance for the purchase, construction, anteed loan commitments exceed $49,664,000,000 penses to carry out the guaranteed loan pro- acquisition, or development of additional public on or before April 1, 2000, an additional $1,400 gram, $1,000,000, which shall be transferred to and subsidized housing units for low income for administrative contract expenses shall be and merged with the appropriation for ‘‘Salaries families not otherwise provided for, $911,000,000, available for each $1,000,000 in additional guar- and expenses’’. to remain available until expended: Provided, anteed loan commitments (including a pro rata The Secretary is directed to transfer the ad- That $710,000,000 shall be for capital advances, amount for any amount below $1,000,000), but in ministration of the small cities component of the including amendments to capital advance con- no case shall funds made available by this pro- Community Development Block Grant Program tracts, for housing for the elderly, as authorized viso exceed $16,000,000. for the funds allocated for the State of New by section 202 of the Housing Act of 1959, as FHA—GENERAL AND SPECIAL RISK PROGRAM York under section 106(d) of the Housing and amended, and for project rental assistance, and ACCOUNT Community Development Act of 1974 for fiscal amendments to contracts for project rental as- (INCLUDING TRANSFERS OF FUNDS) year 2000 and all fiscal years thereafter to the sistance, for the elderly under such section For the cost of guaranteed loans, as author- State of New York to be administered by the 202(c)(2), and for supportive services associated ized by sections 238 and 519 of the National Governor of New York. with the housing of which amount $50,000,000 Housing Act (12 U.S.C. 1715z–3 and 1735c), in- BROWNFIELDS REDEVELOPMENT shall be for service coordinators and continu- cluding the cost of loan guarantee modifications For Economic Development Grants, as author- ation of existing congregate services grants for (as that term is defined in section 502 of the ized by section 108(q) of the Housing and Com- residents of assisted housing projects, and of Congressional Budget Act of 1974, as amended), munity Development Act of 1974, as amended, which amount $50,000,000 shall be for grants for $153,000,000, including not to exceed $153,000,000 for Brownfields redevelopment projects, conversion of existing section 202 projects, or from unobligated balances previously appro- $25,000,000, to remain available until expended: portions thereof, to assisted living or related priated under this heading, to remain available Provided, That the Secretary of Housing and use, consistent with the relevant provision of until expended: Provided, That these funds are Urban Development shall make these grants title V of this Act: Provided further, That of the available to subsidize total loan principal, any available on a competitive basis as specified in amount under this heading, $201,000,000 shall be part of which is to be guaranteed, of up to section 102 of the Department of Housing and for capital advances, including amendments to $18,100,000,000: Provided further, That any Urban Development Reform Act of 1989. capital advance contracts, for supportive hous- amounts made available in any prior appropria- HOME INVESTMENT PARTNERSHIPS PROGRAM ing for persons with disabilities, as authorized tions Act for the cost (as such term is defined in For the HOME investment partnerships pro- by section 811 of the Cranston-Gonzalez Na- section 502 of the Congressional Budget Act of gram, as authorized under title II of the Cran- tional Affordable Housing Act, for project rental 1974) of guaranteed loans that are obligations of ston-Gonzalez National Affordable Housing Act assistance, for amendments to contracts for the funds established under section 238 or 519 of (Public Law 101–625), as amended, project rental assistance, and supportive serv- the National Housing Act that have not been $1,600,000,000, to remain available until ex- ices associated with the housing for persons obligated or that are deobligated shall be avail- pended: Provided, That up to $15,000,000 of with disabilities as authorized by section 811 of able to the Secretary of Housing and Urban De- these funds shall be available for Housing such Act: Provided further, That the Secretary velopment in connection with the making of Counseling under section 106 of the Housing may designate up to 25 percent of the amounts such guarantees and shall remain available and Urban Development Act of 1968: Provided earmarked under this paragraph for section 811 until expended, notwithstanding the expiration further, That $2,000,000 of these funds shall be of such Act for tenant-based assistance, as au- of any period of availability otherwise applica- made available as a grant to the National Hous- thorized under that section, including such au- ble to such amounts. ing Development Corporation for a program of thority as may be waived under the next pro- Gross obligations for the principal amount of housing acquisition and rehabilitation: Provided viso, which assistance is five years in duration: direct loans, as authorized by sections 204(g), further, That all Housing Counseling program Provided further, That the Secretary may waive 207(l), 238, and 519(a) of the National Housing balances previously appropriated in the ‘‘Hous- any provision of such section 202 and such sec- Act, shall not exceed $50,000,000; of which not to ing Counseling Assistance’’ account shall be tion 811 (including the provisions governing the exceed $30,000,000 shall be for bridge financing transferred to this account, to be available for terms and conditions of project rental assistance in connection with the sale of multifamily real the purposes for which they were originally ap- and tenant-based assistance) that the Secretary properties owned by the Secretary and formerly propriated. determines is not necessary to achieve the objec- insured under such Act; and of which not to ex- HOMELESS ASSISTANCE GRANTS tives of these programs, or that otherwise im- ceed $20,000,000 shall be for loans to nonprofit For the emergency shelter grants program (as pedes the ability to develop, operate or admin- and governmental entities in connection with authorized under subtitle B of title IV of the ister projects assisted under these programs, and the sale of single-family real properties owned October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9989 by the Secretary and formerly insured under that shall include research, studies, testing, and ADMINISTRATIVE PROVISIONS such Act. demonstration efforts, including education and FINANCING ADJUSTMENT FACTORS In addition, for administrative expenses nec- outreach concerning lead-based paint poisoning SEC. 201. Fifty percent of the amounts of essary to carry out the guaranteed and direct and other housing-related environmental dis- budget authority, or in lieu thereof 50 percent of loan programs, $211,455,000 (including not to ex- eases and hazards: Provided, That all balances the cash amounts associated with such budget ceed $147,000,000 from unobligated balances pre- for the Lead Hazard Reduction Programs pre- authority, that are recaptured from projects de- viously appropriated under this heading), of viously funded in the Annual Contributions for scribed in section 1012(a) of the Stewart B. which $193,134,000, shall be transferred to the Assisted Housing and Community Development McKinney Homeless Assistance Amendments Act appropriation for ‘‘Salaries and expenses’’; and Block Grant accounts shall be transferred to of 1988 (Public Law 100–628, 102 Stat. 3224, 3268) of which $18,321,000 shall be transferred to the this account, to be available for the purposes for shall be rescinded, or in the case of cash, shall appropriation for the Office of Inspector Gen- which they were originally appropriated. be remitted to the Treasury, and such amounts eral. In addition, for administrative contract ex- MANAGEMENT AND ADMINISTRATION of budget authority or cash recaptured and not penses necessary to carry out the guaranteed SALARIES AND EXPENSES rescinded or remitted to the Treasury shall be and direct loan programs, $144,000,000: Pro- used by State housing finance agencies or local (INCLUDING TRANSFERS OF FUNDS) vided, That to the extent guaranteed loan com- governments or local housing agencies with For necessary administrative and non-admin- mitments exceed $7,263,000,000 on or before April projects approved by the Secretary of Housing istrative expenses of the Department of Housing 1, 2000, an additional $19,800 for administrative and Urban Development for which settlement and Urban Development, not otherwise provided contract expenses shall be available for each occurred after January 1, 1992, in accordance for, including not to exceed $7,000 for official re- $1,000,000 in additional guaranteed loan com- with such section. Notwithstanding the previous ception and representation expenses, mitments over $7,263,000,000 (including a pro sentence, the Secretary may award up to 15 per- $1,005,733,000, of which $518,000,000 shall be pro- rata amount for any increment below cent of the budget authority or cash recaptured vided from the various funds of the Federal $1,000,000), but in no case shall funds made and not rescinded or remitted to the Treasury to Housing Administration, $9,383,000 shall be pro- available by this proviso exceed $14,400,000. provide project owners with incentives to refi- vided from funds of the Government National GOVERNMENT NATIONAL MORTGAGE ASSOCIATION nance their project at a lower interest rate. Mortgage Association, $1,000,000 shall be pro- GUARANTEES OF MORTGAGE-BACKED SECURITIES vided from the ‘‘Community development block FAIR HOUSING AND FREE SPEECH LOAN GUARANTEE PROGRAM ACCOUNT grants program’’ account, $150,000 shall be pro- SEC. 202. None of the amounts made available (INCLUDING TRANSFER OF FUNDS) vided by transfer from the ‘‘Title VI indian fed- under this Act may be used during fiscal year During fiscal year 2000, new commitments to eral guarantees program’’ account, and $200,000 2000 to investigate or prosecute under the Fair issue guarantees to carry out the purposes of shall be provided by transfer from the ‘‘Indian Housing Act any otherwise lawful activity en- section 306 of the National Housing Act, as housing loan guarantee fund program’’ ac- gaged in by one or more persons, including the amended (12 U.S.C. 1721(g)), shall not exceed count: Provided, That the Secretary is prohib- filing or maintaining of a nonfrivolous legal ac- $200,000,000,000. ited from using any funds under this heading or tion, that is engaged in solely for the purpose of For administrative expenses necessary to any other heading in this Act from employing achieving or preventing action by a government carry out the guaranteed mortgage-backed secu- more than 77 schedule C and 20 noncareer Sen- official or entity, or a court of competent juris- rities program, $9,383,000 to be derived from the ior Executive Service employees: Provided fur- diction. GNMA guarantees of mortgage-backed securities ther, That the Secretary is prohibited from using HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS guaranteed loan receipt account, of which not funds under this heading or any other heading GRANTS to exceed $9,383,000 shall be transferred to the in this Act to employ more than 9,300 employees: SEC. 203. Section 207 of the Departments of appropriation for departmental ‘‘Salaries and Provided further, That the Secretary is prohib- Veterans Affairs and Housing and Urban Devel- expenses’’. ited from using funds under this heading or any opment, and Independent Agencies Appropria- POLICY DEVELOPMENT AND RESEARCH other heading in this Act to convert any exter- tions Act, 1999, is amended by striking wherever RESEARCH AND TECHNOLOGY nal community builders to career employees, and it occurs ‘‘fiscal year 1999’’ and inserting ‘‘fiscal For contracts, grants, and necessary expenses after September 1, 2000 to employ any external years 1999 and 2000’’. of programs of research and studies relating to community builders: Provided further, That the REPROGRAMMING housing and urban problems, not otherwise pro- Secretary is prohibited from using funds under SEC. 204. Of the amounts made available vided for, as authorized by title V of the Hous- this heading or any other heading in this Act to under the sixth undesignated paragraph under ing and Urban Development Act of 1970, as employ more than 14 employees in the Office of the heading ‘‘COMMUNITY PLANNING AND DE- amended (12 U.S.C. 1701z–1 et seq.), including Public Affairs: Provided further, That of the VELOPMENT—COMMUNITY DEVELOPMENT BLOCK carrying out the functions of the Secretary amount made available under this heading, GRANTS’’ in title II of the Departments of Vet- under section 1(a)(1)(i) of Reorganization Plan $2,000,000 shall be for the Millennial Housing erans Affairs and Housing and Urban Develop- No. 2 of 1968, $45,000,000, to remain available Commission as established under section 206. ment, and Independent Agencies Appropriations until September 30, 2001: Provided, That of the OFFICE OF INSPECTOR GENERAL Act, 1999 (Public Law 105–276; 112 Stat. 2477) for amount provided under this heading, $10,000,000 (INCLUDING TRANSFER OF FUNDS) the Economic Development Initiative (EDI) for shall be for the Partnership for Advancing For necessary expenses of the Office of In- grants for targeted economic investments, the Technology in Housing (PATH) Initiative and spector General in carrying out the Inspector $1,000,000 to be made available (pursuant to the $500,000 shall be for a commission established in General Act of 1978, as amended, $83,000,000, of related provisions of the joint explanatory state- section 525 of title V of this Act. which $22,343,000 shall be provided from the var- ment in the conference report to accompany FAIR HOUSING AND EQUAL OPPORTUNITY ious funds of the Federal Housing Administra- such Act (Report 105–769, 105th Congress, 2d Session)) to the City of Redlands, California, for FAIR HOUSING ACTIVITIES tion and $10,000,000 shall be provided from the the redevelopment initiatives near the historic For contracts, grants, and other assistance, amount earmarked for Operation Safe Home in Fox Theater shall, notwithstanding such provi- not otherwise provided for, as authorized by the appropriation for ‘‘Drug elimination grants sions, be made available to such City for the fol- title VIII of the Civil Rights Act of 1968, as for low-income housing’’: Provided, That the In- lowing purposes: amended by the Fair Housing Amendments Act spector General shall have independent author- (1) $700,000 shall be for renovation of the City of 1988, and section 561 of the Housing and ity over all personnel issues within the Office of of Redlands Fire Station No. 1; Community Development Act of 1987, as amend- Inspector General. (2) $200,000 shall be for renovation of the Mis- ed, $44,000,000, to remain available until Sep- OFFICE OF FEDERAL HOUSING ENTERPRISE sion Gables House at the Redlands Bowl historic tember 30, 2001, of which $24,000,000 shall be to OVERSIGHT outdoor amphitheater; and carry out activities pursuant to such section 561: SALARIES AND EXPENSES (3) $100,000 shall be for the preservation of Provided, That no funds made available under historic Hillside Cemetery. this heading shall be used to lobby the executive (INCLUDING TRANSFER OF FUNDS) or legislative branches of the Federal Govern- For carrying out the Federal Housing Enter- ADJUSTMENTS TO INCOME ELIGIBILITY FOR UN- ment in connection with a specific contract, prise Financial Safety and Soundness Act of USUALLY HIGH OR LOW FAMILIES INCOMES IN grant or loan. 1992, including not to exceed $500 for official re- ASSISTED HOUSING ception and representation expenses, $19,493,000, SEC. 205. Section 16 of the United States Hous- OFFICE OF LEAD HAZARD CONTROL to remain available until expended, to be de- ing Act of 1937 is amended— LEAD HAZARD REDUCTION rived from the Federal Housing Enterprise Over- (1) in subsection (a)(2)(A), by inserting before (INCLUDING TRANSFER OF FUNDS) sight Fund: Provided, That not to exceed such the period the following: ‘‘; except that the Sec- For the Lead Hazard Reduction Program, as amount shall be available from the General retary may establish income ceilings higher or authorized by sections 1011 and 1053 of the Resi- Fund of the Treasury to the extent necessary to lower than 30 percent of the area median income dential Lead-Based Hazard Reduction Act of incur obligations and make expenditures pend- on the basis of the Secretary’s findings that 1992, $80,000,000 to remain available until ex- ing the receipt of collections to the Fund: Pro- such variations are necessary because of unusu- pended, of which $1,000,000 shall be for vided further, That the General Fund amount ally high or low family incomes’’; and CLEARCorps and $10,000,000 shall be for a shall be reduced as collections are received dur- (2) in subsection (c)(3), by inserting before the Healthy Homes Initiative, which shall be a pro- ing the fiscal year so as to result in a final ap- period the following: ‘‘; except that the Sec- gram pursuant to sections 501 and 502 of the propriation from the General Fund estimated at retary may establish income ceilings higher or Housing and Urban Development Act of 1970 not more than $0. lower than 30 percent of the area median income H9990 CONGRESSIONAL RECORD — HOUSE October 13, 1999

on the basis of the Secretary’s findings that (7) QUORUM.—A majority of the members of actions, and any other actions the Commission such variations are necessary because of unusu- the Commission shall constitute a quorum but a considers appropriate. ally high or low family incomes’’. lesser number may hold hearings. (g) TERMINATION.—The Commission shall ter- MILLENNIAL HOUSING COMMISSION (8) MEETINGS.—The Commission shall meet at minate on June 30, 2002. section 14(a)(2)(B) of SEC. 206. (a) ESTABLISHMENT.—There is hereby the call of the Chairpersons. the Federal Advisory Committee Act (5 U.S.C. established a commission to be known as the (d) DIRECTOR AND STAFF.— App.; relating to the termination of advisory Millennial Housing Commission (in this section (1) DIRECTOR.—The Commission shall have a committees) shall not apply to the Commission. referred to as the ‘‘Commission’’. Director who shall be appointed by the Chair- FHA TECHNICAL CORRECTION (b) STUDY.—The duty of the Commission shall person. The Director shall be paid at a rate not SEC. 207. Section 203(b)(2)(A)(ii) of the Na- be to conduct a study that examines, analyzes, to exceed the rate of basic pay payable for level tional Housing Act (12 U.S.C. 1709(b)(2)(A)(ii)) and explores— V of the Executive Schedule. is amended by adding before ‘‘48 percent’’ the (1) the importance of housing, particularly af- (2) STAFF.—The Commission may appoint per- following: ‘‘the greater of the dollar amount lim- fordable housing which includes housing for the sonnel as appropriate. The staff of the Commis- itation in effect under this section for the area elderly, to the infrastructure of the United sion shall be appointed subject to the provisions on the date of the enactment of the Departments States; of title 5, United States Code, governing ap- of Veterans Affairs and Housing and Urban De- (2) the various possible methods for increasing pointments in the competitive service, and shall velopment, and Independent Agencies Appro- the role of the private sector in providing af- be paid in accordance with the provisions of priations Act for Fiscal Year 1999 or’’. chapter 51 and subchapter III of chapter 53 of fordable housing in the United States, including RESCISSIONS the effectiveness and efficiency of such methods; that title relating to classification and General Schedule pay rates. SEC. 208. Of the balances remaining from and funds appropriated to the Department of Hous- (3) whether the existing programs of the De- (3) EXPERTS AND CONSULTANTS.—The Commis- ing and Urban Development in Public Law 105– partment of Housing and Urban Development sion may procure temporary and intermittent 65 and prior appropriations Acts, $74,400,000 is work in conjunction with one another to pro- services under section 3109(b) of title 5, United rescinded: Provided, That the amount rescinded vide better housing opportunities for families, States Code, but at rates for individuals not to shall be comprised of— neighborhoods, and communities, and how such exceed the daily equivalent of the maximum an- (1) $30,552,000 of the amounts that were ap- programs can be improved with respect to such nual rate of basic pay payable for the General propriated for the modernization of public hous- purpose. Schedule. ing unit; under the heading ‘‘Annual contribu- (c) MEMBERSHIP.— (4) STAFF OF FEDERAL AGENCIES.—Upon re- tions for assisted housing’’, including an (1) NUMBER AND APPOINTMENT.—The Commis- quest of the Commission, the head of any Fed- sion shall be composed of 22 members, appointed eral department or agency may detail, on a re- amount equal to the amount transferred from not later than January 1, 2000, as follows: imbursable basis, any of the personnel of that such account to, and merged with amounts (A) Two co-chairpersons appointed by— department or agency to the Commission to as- under the heading ‘‘Public housing capital (i) one co-chairperson appointed by a com- sist it in carrying out its duties under this Act. fund’’; mittee consisting of the chairmen of the Sub- (e) POWERS.— (2) $3,048,000 of the amounts from which no committees on the Departments of Veterans Af- (1) HEARINGS AND SESSIONS.—The Commission disbursements have been made within five suc- fairs and Housing and Urban Development, and may, for the purpose of carrying out this sec- cessive fiscal years beginning after September Independent Agencies of the Committees on Ap- tion, hold hearings, sit and act at times and 30, 1993, that were appropriated under the head- propriations of the House of Representatives places, take testimony, and receive evidence as ing ‘‘Annual contributions for assisted hous- and the Senate, and the chairman of the Sub- the Commission considers appropriate. ing’’, including an amount equal to the amount committee on Housing and Community Opportu- (2) POWERS OF MEMBERS AND AGENTS.—Any transferred from such account to the account nities of the House of Representatives and the member or agent of the Commission may, if au- under the heading ‘‘Housing certificate fund’’; chairman of the Subcommittee on Housing and thorized by the Commission, take any action (3) $22,975,000 of amounts appropriated for Transportation of the Senate; and which the Commission is authorized to take by homeownership assistance under section 235(r) (ii) one co-chairperson appointed by a com- this section. of the National Housing Act, including mittee consisting of the ranking minority mem- (3) OBTAINING OFFICIAL DATA.—The Commis- $6,875,000 appropriated in Public Law 103–327 bers of the Subcommittees on the Departments of sion may secure directly from any department or (approved September 28, 1994, 104 Stat. 2305) for Veterans Affairs and Housing and Urban Devel- agency of the United States information nec- such purposes; opment, and Independent Agencies of the Com- essary to enable it to carry out this Act. Upon (4) $11,400,000 of the amounts appropriated for mittees on Appropriations of the House of Rep- request of the Chairpersons of the Commission, the Homeownership and Opportunity for People resentatives and the Senate, and the ranking the head of that department or agency shall fur- Everywhere programs (HOPE programs), as au- minority member of the Subcommittee on Hous- nish that information to the Commission. thorized by the Cranston-Gonzalez National Af- ing and Community Opportunities of the House (4) GIFTS, BEQUESTS, AND DEVISES.—The Com- fordable Housing Act; and of Representatives and the ranking minority mission may accept, use, and dispose of gifts, (5) $6,400,000 of the balances remaining in the member of the Subcommittee on Housing and bequests, or devises of services or property, both account under the heading ‘‘Nonprofit Sponsor Transportation of the Senate. real and personal, for the purpose of aiding or Assistance Account’’. (B) Ten members appointed by the Chairman facilitating the work of the Commission. Gifts, GRANT FOR NATIONAL CITIES IN SCHOOLS and Ranking Minority Member of the Committee bequests, or devises of money and proceeds from SEC. 209. For a grant to the National Cities in on Appropriations of the House of Representa- sales of other property received as gifts, be- Schools Community Development program under tives and the Chairman and Ranking Minority quests, or devises shall be deposited in the section 930 of the Housing and Community De- Member of the Committee on Banking and Fi- Treasury and shall be available for disburse- velopment Act of 1992, $5,000,000. nancial Services of the House of Representa- ment upon order of the Commission. MOVING TO WORK DEMONSTRATION tives. (5) MAILS.—The Commission may use the SEC. 210. For the Jobs-Plus Initiative of the (C) Ten members appointed by the Chairman United States mails in the same manner and Moving to Work Demonstration, $5,000,000 to and Ranking Minority Member of the Committee under the same conditions as other departments cover the cost of rent-based work incentives to on Appropriations of the Senate and the Chair- and agencies of the United States. families in selected public housing develop- man and Ranking Minority Member of the Com- (6) ADMINISTRATIVE SUPPORT SERVICES.—Upon ments, who shall be encouraged to go to work mittee on Banking, Housing, and Urban Affairs the request of the Commission, the Adminis- under work incentive plans approved by the of the Senate. trator of General Services shall provide to the Secretary and carefully tracked as part of the (2) QUALIFICATIONS.—Appointees should have Commission, on a reimbursable basis, the admin- research and demonstration effort. istrative support services necessary for the Com- proven expertise in directing, assemblying, or REPEALER applying capital resources from a variety of mission to carry out its responsibilities under SEC. 211. Section 218 of Public Law 104–204 is this section. sources to the successful development of afford- repealed. able housing or the revitalization of commu- (7) CONTRACT AUTHORITY.—The Commission FHA ADMINISTRATIVE CONTRACT EXPENSE nities, including economic and job development. may contract with and compensate government AUTHORITY (3) VACANCIES.—Any vacancy on the Commis- and private agencies or persons for services, sion shall not affect its powers and shall be without regard to section 3709 of the Revised SEC. 212. Section 1 of the National Housing filled in the manner in which the original ap- Statutes (41 U.S.C. 5). Act (12 U.S.C. 1702) is amended by inserting the pointment was made. (f) REPORT.—The Commission shall submit to following new sentence after the first proviso: (4) CHAIRPERSONS.—The members appointed the Committees on Appropriations and Banking ‘‘Except with respect to title III, for the pur- pursuant to paragraph (1)(A) shall serve as co- and Financial Services of the House of Rep- poses of this section, the term ‘‘nonadministra- chairpersons of the Commission. resentatives and the Committees on Appropria- tive’’ shall not include contract expenses that (5) PROHIBITION OF PAY.—Members of the tions and Banking, Housing, and Urban Affairs are not capitalized or routinely deducted from Commission shall serve without pay. of the Senate a final report not later than the proceeds of sales, and such expenses shall (6) TRAVEL EXPENSES.—Each member of the March 1, 2002. The report shall contain a de- not be payable from funds made available by Commission shall receive travel expenses, in- tailed statement of the findings and conclusions this Act.’’. cluding per diem in lieu of subsistence, in ac- of the Commission with respect to the study con- FULL PAYMENT OF CLAIMS cordance with sections 5702 and 5703 of title 5, ducted under subsection (b), together with its SEC. 213. (a) Section 541 of the National Hous- United States Code. recommendations for legislation, administrative ing Act is amended— October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9991 (1) by amending the heading to read as fol- 100-unit project located at 606 North 5th Street, tions for the Sandtown-Winchester Home Own- lows: ‘‘PARTIAL PAYMENT OF CLAIMS ON DE- Bozemen, Montana, which will continue as af- ership Zone under section 108 of the Housing FAULTED MORTGAGES AND IN CONNECTION WITH fordable housing pursuant to a use agreement and Community Development Act of 1974, the MORTGAGE RESTRUCTURING’’; and with the State of Montana. Secretary shall not require security in excess of (2) in subsection (b), by striking ‘‘partial pay- RISK-SHARING PRIORITY that authorized under section 108(d)(1)(B). ment of the claim under the mortgage insurance SEC. 219. Section 517(b)(3) of the Departments HOPWA TECHNICAL contract’’ and inserting, ‘‘partial or full pay- of Veterans Affairs and Housing and Urban De- SEC. 225. (a) Notwithstanding any other provi- ment of claim under one or more mortgage in- velopment, and Independent Agencies Appro- sion of law, the amount allocated for fiscal year surance contracts’’. priations Act, 1998 is amended by inserting after 2000, and the amounts that would otherwise be (b) Section 517 of the Multifamily Assisted ‘‘1992.’’ the following: ‘‘The Secretary shall use allocated for fiscal year 2001, to the City of Housing Reform and Affordability Act of 1997 is risk-shared financing under section 542(c) of the Philadelphia, Pennsylvania on behalf of the amended by adding a new subsection (a)(6) to Housing and Community Development Act of Philadelphia, PA-NJ Primary Metropolitan Area read as follows: ‘‘(6) The second mortgage under 1992 for any mortgage restructuring, rehabilita- (hereafter ‘‘metropolitan area’’), under section this section may be a first mortgage if no re- tion financing, or debt refinancing included as 854(c) of the AIDS Housing Opportunity Act (42 structured or new first mortgage will meet the part of a mortgage restructuring and rental as- U.S.C. 12903(c)), the Secretary of Housing and requirement of paragraph (1)(A).’’. sistance sufficiency plan if the terms and condi- Urban Development shall adjust such amounts AVAILABILITY OF INCOME MATCHING tions are considered to be the best available fi- by allocating to the State of New Jersey the pro- INFORMATION nancing in terms of financial savings to the portion of the metropolitan area’s amount that SEC. 214. (a) Section 3(f) of the United States FHA insurance funds and will result in reduced is based on the number of cases of AIDS re- Housing Act of 1937 (42 U.S.C. 1437a), as amend- risk of loss to the Federal Government.’’. ported in the portion of the metropolitan area ed by section 508(d)(1) of the Quality Housing TREATMENT OF EXPIRING ECONOMIC that is located in New Jersey. and Work Responsibility Act of 1998, is further DEVELOPMENT INITIATIVE GRANTS (b) The State of New Jersey shall use amounts amended— SEC. 220. (a) AVAILABILITY.—Notwithstanding allocated to the state under this section to carry (1) in paragraph (1)— section 1552 of title 31, United States Code, the out eligible activities under section 855 of the (A) after the first appearance of ‘‘public hous- grant amounts identified in subsection (b) shall AIDS Housing Opportunity Act (42 U.S.C. 12904) ing agency’’, by inserting ‘‘, or the owner re- remain available to the grantees for the pur- in the portion of the metropolitan area that is sponsible for determining the participant’s eligi- poses for which such amounts were obligated located in New Jersey. bility or level of benefits,’’; and through September 30, 2000. (B) after ‘‘as applicable’’, by inserting ‘‘, or to (b) GRANTS.—The grant amounts identified in TITLE III—INDEPENDENT AGENCIES the owner responsible for determining the par- this subsection are the amounts provided under AMERICAN BATTLE MONUMENTS COMMISSION ticipant’s eligibility or level of benefits’’; and the following grants made by the Secretary of SALARIES AND EXPENSES (2) in paragraph (2)— Housing and Urban Development under the eco- For necessary expenses, not otherwise pro- (A) in subparagraph (A), by striking ‘‘or’’; nomic development initiative under section vided for, of the American Battle Monuments (B) in subparagraph (B), by striking the pe- 108(q) of the Housing and Community Develop- Commission, including the acquisition of land or riod and inserting ‘‘, or’’; and ment Act of 1974 (42 U.S.C. 5308(q)): interest in land in foreign countries; purchases (C) by inserting at the end the following new (1) The grant for Miami, Florida, designated and repair of uniforms for caretakers of na- subparagraph: as B–92–ED–12–013. tional cemeteries and monuments outside of the ‘‘(C) for which project-based assistance is pro- (2) The grant for Miami Beach, Florida, des- United States and its territories and possessions; vided under section 8, section 202, or section ignated as B–92–ED–12–014. rent of office and garage space in foreign coun- 811.’’. (c) EFFECTIVE DATE.—This section shall be tries; purchase (one for replacement only) and (b) Section 904(b) of the Stewart B. McKinney considered to have taken effect on September 30, hire of passenger motor vehicles; and insurance Homeless Assistance Amendments Act of 1988 (42 1999. The Secretary of the Treasury and the Sec- of official motor vehicles in foreign countries, U.S.C. 3544), as amended by section 508(d)(2) of retary of Housing and Urban Development shall when required by law of such countries, the Quality Housing and Work Responsibility take such actions as may be necessary to carry $28,467,000, to remain available until expended. Act of 1998, is further amended in paragraph out this section, notwithstanding any actions (4)— taken previously pursuant to section 1552 of title CHEMICAL SAFETY AND HAZARD INVESTIGATION (1) by inserting after ‘‘public housing agency’’ 31, United States Code. BOARD the first time it appears the following: ‘‘, or the USE OF TRUSTS WITH REGARD TO COOPERATIVE SALARIES AND EXPENSES HOUSING SECTION owner responsible for determining the partici- For necessary expenses in carrying out activi- SEC. 221. Section 213(a) of the National Hous- pant’s eligibility or level of benefits,’’; and ties pursuant to section 112(r)(6) of the Clean ing Act (12 U.S.C. 1715e(a)) is amended by add- (2) by striking ‘‘the public housing agency Air Act, including hire of passenger vehicles, ing at the end the following new sentence: verifying income’’ and inserting ‘‘verifying in- and for services authorized by 5 U.S.C. 3109, but ‘‘Nothing in this section may be construed to come’’. at rates for individuals not to exceed the per prevent membership in a nonprofit housing co- EXEMPTION FOR ALASKA AND MISSISSIPPI FROM diem equivalent to the maximum rate payable operative from being held in the name of a trust, REQUIREMENT OF RESIDENT ON BOARD for senior level positions under 5 U.S.C. 5376, the beneficiary of which shall occupy the dwell- SEC. 215. Public housing agencies in the states $8,000,000: Provided, That the Chemical Safety ing unit in accordance with rules and regula- of Alaska and Mississippi shall not be required and Hazard Investigation Board shall have not tions prescribed by the Secretary.’’. to comply with section 2(b) of the United States more than three career Senior Executive Service Housing Act of 1937, as amended, during fiscal GRANT TECHNICAL CORRECTION positions. year 2000. SEC. 222. Notwithstanding any other provision DEPARTMENT OF THE TREASURY ADMINISTRATION OF THE CDBG PROGRAM BY NEW of law, the amount made available under the YORK STATE Departments of Veterans Affairs and Housing COMMUNITY DEVELOPMENT FINANCIAL and Urban Development, and Independent INSTITUTIONS SEC. 216. The Secretary of Housing and Urban Agencies Appropriations Act, 1991 (Public Law Development shall transfer on the date of the COMMUNITY DEVELOPMENT FINANCIAL 101–507) for a special purpose grant under sec- enactment of this Act the administration of the INSTITUTIONS tion 107 of the Housing and Community Devel- Small Cities component of the Community De- opment Act of 1974 to the County of Hawaii for FUND PROGRAM ACCOUNT velopment Block Grants program for all funds the purpose of an environmental impact state- For grants, loans, and technical assistance to allocated for the State of New York under sec- ment for the development of a water resource qualifying community development lenders, and tion 106(d) of the Housing and Community De- system in Kohala, Hawaii, that is unobligated administrative expenses of the Fund, including velopment Act of 1974 for fiscal year 2000 and all on the date of the enactment of this Act, may be services authorized by 5 U.S.C. 3109, but at rates fiscal years thereafter, to the State of New York used to fund water system improvements, in- for individuals not to exceed the per diem rate to be administered by the Governor of such cluding exploratory wells, well drillings, pipe- equivalent to the rate for ES–3, $95,000,000, to State. line replacements, water system planning and remain available until September 30, 2001, of SECTION 202 EXEMPTION design, and booster pump and reservoir develop- which up to $7,860,000 may be used for adminis- SEC. 217. Notwithstanding section 202 of the ment. trative expenses, up to $16,500,000 may be used Housing Act of 1959 or any other provision of REUSE OF CERTAIN BUDGET AUTHORITY for the cost of direct loans, and up to $1,000,000 law, Peggy A. Burgin may not be disqualified SEC. 223. section 8(z) of the United States may be used for administrative expenses to carry on the basis of age from residing at Clark’s Housing Act of 1937 is amended— out the direct loan program: Provided, That the Landing in Groton, Vermont. (1) in paragraph (1)— cost of direct loans, including the cost of modi- DARLINTON PRESERVATION AMENDMENT (A) by inserting after ‘‘on account of’’ the fol- fying such loans, shall be as defined in section SEC. 218. Notwithstanding any other provision lowing: ‘‘expiration or’’; and 502 of the Congressional Budget Act of 1974: of law, upon prepayment of the FHA-insured (B) by striking the parenthetical phrase; and Provided further, That these funds are available Section 236 mortgage, the Secretary shall con- (2) by striking paragraph (3). to subsidize gross obligations for the principal tinue to provide interest reduction payment in SECTION 108 WAIVER amount of direct loans not to exceed $53,140,000: accordance with the existing amortization SEC. 224. With respect to the $6,700,000 com- Provided further, That not more than schedule for Darlinton Manor Apartments, a mitment in connection with guaranteed obliga- $30,000,000 of the funds made available under H9992 CONGRESSIONAL RECORD — HOUSE October 13, 1999 this heading may be used for programs and ac- 12853 et seq.): Provided further, That not more tions to members only or at a price to members tivities authorized in section 114 of the Commu- than $5,000,000 shall be available for audits and lower than to subscribers who are not members; nity Development Banking and Financial Insti- other evaluations authorized under section 179 construction, alteration, repair, rehabilitation, tutions Act of 1994. of the Act (42 U.S.C. 12639): Provided further, and renovation of facilities, not to exceed CONSUMER PRODUCT SAFETY COMMISSION That to the maximum extent practicable, the $75,000 per project; and not to exceed $6,000 for official reception and representation expenses, SALARIES AND EXPENSES Corporation shall increase significantly the level $1,900,000,000, which shall remain available For necessary expenses of the Consumer Prod- of matching funds and in-kind contributions until September 30, 2001: Provided, That the ob- uct Safety Commission, including hire of pas- provided by the private sector, shall expand sig- ligated balance of such sums shall remain avail- senger motor vehicles, services as authorized by nificantly the number of educational awards able through September 30, 2008 for liquidating 5 U.S.C. 3109, but at rates for individuals not to provided under subtitle D of title I, and shall re- obligations made in fiscal years 2000 and 2001: exceed the per diem rate equivalent to the max- duce the total Federal costs per participant in Provided further, That none of the funds appro- imum rate payable under 5 U.S.C. 5376, pur- all programs: Provided further, That of amounts priated by this Act shall be used to propose or chase of nominal awards to recognize non-Fed- available in the National Service Trust account issue rules, regulations, decrees, or orders for eral officials’ contributions to Commission ac- from previous appropriations acts, $80,000,000 the purpose of implementation, or in prepara- tivities, and not to exceed $500 for official recep- shall be rescinded. tion for implementation, of the Kyoto Protocol tion and representation expenses, $49,000,000. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of In- which was adopted on December 11, 1997, in CORPORATION FOR NATIONAL AND COMMUNITY spector General in carrying out the Inspector Kyoto, Japan at the Third Conference of the SERVICE General Act of 1978, as amended, $4,000,000. Parties to the United Nations Framework Con- NATIONAL AND COMMUNITY SERVICE PROGRAMS vention on Climate Change, which has not been COURT OF VETERANS APPEALS OPERATING EXPENSES submitted to the Senate for advice and consent SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) to ratification pursuant to article II, section 2, For necessary expenses for the operation of clause 2, of the United States Constitution, and For necessary expenses for the Corporation the United States Court of Veterans Appeals as for National and Community Service (referred to which has not entered into force pursuant to ar- authorized by 38 U.S.C. 7251–7298, $11,450,000, of ticle 25 of the Protocol: Provided further, That in the matter under this heading as the ‘‘Cor- which $910,000, shall be available for the pur- poration’’) in carrying out programs, activities, none of the funds made available in this Act pose of providing financial assistance as de may be used to implement or administer the in- and initiatives under the National and Commu- scribed, and in accordance with the process and nity Service Act of 1990 (referred to in the mat- terim guidance issued on February 5, 1998, by reporting procedures set forth, under this head- the Environmental Protection Agency relating ter under this heading as the ‘‘Act’’) (42 U.S.C. ing in Public Law 102–229. 12501 et seq.), $434,500,000, to remain available to title VI of the Civil Rights Act of 1964 and until September 30, 2000: Provided, That not DEPARTMENT OF DEFENSE—CIVIL designated as the ‘‘Interim Guidance for Inves- more than $28,500,000 shall be available for ad- CEMETERIAL EXPENSES, ARMY tigating Title VI Administrative Complaints ministrative expenses authorized under section SALARIES AND EXPENSES Challenging Permits’’ with respect to complaints 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)) with For necessary expenses, as authorized by law, filed under such title after October 21, 1998, and not less than $1,500,000 targeted to administra- for maintenance, operation, and improvement of until guidance is finalized. Nothing in this pro- tive needs, not including salaries and expenses, Arlington National Cemetery and Soldiers’ and viso may be construed to restrict the Environ- identified as urgent by the Corporation without Airmen’s Home National Cemetery, including mental Protection Agency from developing or regard to the provisions of section 501(a)(4)(B) the purchase of one passenger motor vehicle for issuing final guidance relating to title VI of the of the Act: Provided further, That not more replacement only, and not to exceed $1,000 for Civil Rights Act of 1964: Provided further, That than $2,500 shall be for official reception and official reception and representation expenses, notwithstanding 7 U.S.C. 136r and 15 U.S.C. representation expenses: Provided further, That $12,473,000, to remain available until expended. 2609, beginning in fiscal year 2000 and there- after, grants awarded under section 20 of the not more than $70,000,000, to remain available ENVIRONMENTAL PROTECTION AGENCY without fiscal year limitation, shall be trans- Federal Insecticide, Fungicide, and Rodenticide ferred to the National Service Trust account for SCIENCE AND TECHNOLOGY Act, as amended, and section 10 of the Toxic educational awards authorized under subtitle D (INCLUDING TRANSFER OF FUNDS) Substances Control Act, as amended, shall be of title I of the Act (42 U.S.C. 12601 et seq.), of For science and technology, including re- available for research, development, monitoring, which not to exceed $5,000,000 shall be available search and development activities, which shall public education, training, demonstrations, and for national service scholarships for high school include research and development activities studies: Provided further, That the unexpended students performing community service: Pro- under the Comprehensive Environmental Re- funds remaining from the $2,200,000 appro- vided further, That not more than $234,000,000 sponse, Compensation, and Liability Act of 1980 priated under this heading in Public Law 105– of the amount provided under this heading shall (CERCLA), as amended; necessary expenses for 276 for a grant to the Lake Ponchartrain Basin be available for grants under the National Serv- personnel and related costs and travel expenses, Foundation circuit rider initiative in Louisiana ice Trust program authorized under subtitle C of including uniforms, or allowances therefore, as shall be transferred to the ‘‘State and tribal as- title I of the Act (42 U.S.C. 12571 et seq.) (relat- authorized by 5 U.S.C. 5901–5902; services as au- sistance grants’’ appropriation to remain avail- ing to activities including the AmeriCorps pro- thorized by 5 U.S.C. 3109, but at rates for indi- able until expended for making grants for the gram), of which not more than $45,000,000 may viduals not to exceed the per diem rate equiva- construction of wastewater and water treatment be used to administer, reimburse, or support any lent to the maximum rate payable for senior facilities and groundwater protection infra- national service program authorized under sec- level positions under 5 U.S.C. 5376; procurement structure in accordance with the terms and con- tion 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): of laboratory equipment and supplies; other op- ditions specified for such grants in the report Provided further, That not more than $7,500,000 erating expenses in support of research and de- accompanying that Act. of the funds made available under this heading velopment; construction, alteration, repair, re- OFFICE OF INSPECTOR GENERAL shall be made available for the Points of Light habilitation, and renovation of facilities, not to For necessary expenses of the Office of In- Foundation for activities authorized under title exceed $75,000 per project, $645,000,000, which spector General in carrying out the provisions of III of the Act (42 U.S.C. 12661 et seq.): Provided shall remain available until September 30, 2001: the Inspector General Act of 1978, as amended, further, That no funds shall be available for na- Provided, That the obligated balance of sums and for construction, alteration, repair, reha- tional service programs run by Federal agencies available in this account shall remain available bilitation, and renovation of facilities, not to ex- authorized under section 121(b) of such Act (42 through September 30, 2008 for liquidating obli- ceed $75,000 per project, $32,409,000, to remain U.S.C. 12571(b)): Provided further, That to the gations made in fiscal years 2000 and 2001: Pro- available until September 30, 2001: Provided, maximum extent feasible, funds appropriated vided further, That the obligated balance of That the sums available in this account shall re- under subtitle C of title I of the Act shall be pro- funds transferred to this account in Public Law main available through September 30, 2008 for vided in a manner that is consistent with the 105–276 shall remain available through Sep- liquidating obligations made in fiscal years 2000 recommendations of peer review panels in order tember 30, 2007 for liquidating obligations made and 2001: Provided further, That the obligated to ensure that priority is given to programs that in fiscal years 1999 and 2000. balance of funds transferred to this account in demonstrate quality, innovation, replicability, ENVIRONMENTAL PROGRAMS AND MANAGEMENT Public Law 105–276 shall remain available and sustainability: Provided further, That not For environmental programs and manage- through September 30, 2007 for liquidating obli- more than $18,000,000 of the funds made avail- ment, including necessary expenses, not other- gations made in fiscal years 1999 and 2000. able under this heading shall be available for wise provided for, for personnel and related BUILDINGS AND FACILITIES the Civilian Community Corps authorized under costs and travel expenses, including uniforms, For construction, repair, improvement, exten- subtitle E of title I of the Act (42 U.S.C. 12611 et or allowances therefore, as authorized by 5 sion, alteration, and purchase of fixed equip- seq.): Provided further, That not more than U.S.C. 5901–5902; services as authorized by 5 ment or facilities of, or for use by, the Environ- $43,000,000 shall be available for school-based U.S.C. 3109, but at rates for individuals not to mental Protection Agency, $62,600,000, to remain and community-based service-learning programs exceed the per diem rate equivalent to the max- available until expended. authorized under subtitle B of title I of the Act imum rate payable for senior level positions HAZARDOUS SUBSTANCE SUPERFUND (42 U.S.C. 12521 et seq.): Provided further, That under 5 U.S.C. 5376; hire of passenger motor ve- (INCLUDING TRANSFER OF FUNDS) not more than $28,500,000 shall be available for hicles; hire, maintenance, and operation of air- For necessary expenses to carry out the Com- quality and innovation activities authorized craft; purchase of reprints; library memberships prehensive Environmental Response, Compensa- under subtitle H of title I of the Act (42 U.S.C. in societies or associations which issue publica- tion, and Liability Act of 1980 (CERCLA), as October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9993 amended, including sections 111(c)(3), (c)(5), ing, planning, design, construction and related funds, supplemental grant assistance to Nassau (c)(6), and (e)(4) (42 U.S.C. 9611), and for con- activities in connection with the construction of County, New York, for additional odor control struction, alteration, repair, rehabilitation, and high priority water and wastewater facilities in at the Bay Park and Cedar Creek wastewater renovation of facilities, not to exceed $75,000 per the area of the United States-Mexico Border, treatment plants, notwithstanding initiation of project; $1,400,000,000 (of which $100,000,000 after consultation with the appropriate border construction or prior State Revolving Fund shall not become available until September 1, commission; $30,000,000 shall be for grants to the funding. Nassau County may elect to accept a 2000), to remain available until expended, con- State of Alaska to address drinking water and combined lump-sum of $15,000,000, paid in ad- sisting of $700,000,000, as authorized by section wastewater infrastructure needs of rural and vance of construction, in lieu of a 75 percent en- 517(a) of the Superfund Amendments and Reau- Alaska Native Villages; $331,650,000 shall be for titlement, to minimize grant and project admin- thorization Act of 1986 (SARA), as amended by making grants for the construction of waste- istration. Public Law 101–508, and $700,000,000 as a pay- water and water treatment facilities and EXECUTIVE OFFICE OF THE PRESIDENT ment from general revenues to the Hazardous groundwater protection infrastructure in ac- OFFICE OF SCIENCE AND TECHNOLOGY POLICY Substance Superfund for purposes as authorized cordance with the terms and conditions speci- For necessary expenses of the Office of by section 517(b) of SARA, as amended by Pub- fied for such grants in the conference report and Science and Technology Policy, in carrying out lic Law 101–508: Provided, That funds appro- joint explanatory statement of the committee of the purposes of the National Science and Tech- priated under this heading may be allocated to conference accompanying this Act (H.R. 2684); nology Policy, Organization, and Priorities Act and $885,000,000 shall be for grants, including other Federal agencies in accordance with sec- of 1976 (42 U.S.C. 6601 and 6671), hire of pas- associated program support costs, to States, fed- tion 111(a) of CERCLA: Provided further, That senger motor vehicles, and services as author- erally recognized tribes, interstate agencies, trib- $11,000,000 of the funds appropriated under this ized by 5 U.S.C. 3109, not to exceed $2,500 for of- al consortia, and air pollution control agencies heading shall be transferred to the ‘‘Office of ficial reception and representation expenses, for multi-media or single media pollution pre- Inspector General’’ appropriation to remain and rental of conference rooms in the District of vention, control and abatement and related ac- available until September 30, 2001: Provided fur- Columbia, $5,108,000. tivities, including activities pursuant to the pro- ther, That $38,000,000 of the funds appropriated COUNCIL ON ENVIRONMENTAL QUALITY AND under this heading shall be transferred to the visions set forth under this heading in Public Law 104–134, and for making grants under sec- OFFICE OF ENVIRONMENTAL QUALITY ‘‘Science and technology’’ appropriation to re- For necessary expenses to continue functions main available until September 30, 2001: Pro- tion 103 of the Clean Air Act for particulate matter monitoring and data collection activities: assigned to the Council on Environmental Qual- vided further, That notwithstanding section ity and Office of Environmental Quality pursu- 111(m) of CERCLA or any other provision of Provided, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control ant to the National Environmental Policy Act of law, $70,000,000 of the funds appropriated under 1969, the Environmental Quality Improvement this heading shall be available to the Agency for Act, as amended, the limitation on the amounts in a State water pollution control revolving Act of 1970, and Reorganization Plan No. 1 of Toxic Substances and Disease Registry (ATSDR) 1977, $2,827,000: Provided, That, notwith- to carry out activities described in sections fund that may be used by a State to administer the fund shall not apply to amounts included as standing any other provision of law, no funds 104(i), 111(c)(4), and 111(c)(14) of CERCLA and other than those appropriated under this head- section 118(f) of SARA: Provided further, That principal in loans made by such fund in fiscal year 2000 and prior years where such amounts ing shall be used for or by the Council on Envi- notwithstanding any other provision of law, in ronmental Quality and Office of Environmental lieu of performing a health assessment under represent costs of administering the fund, or by the State of New York for fiscal year 2000 and Quality: Provided further, That notwith- section 104(i)(6) of CERCLA, the Administrator standing section 202 of the National Environ- of ATSDR may conduct other appropriate prior years, costs of capitalizing the fund, to the extent that such amounts are or were deemed mental Policy Act of 1970, the Council shall con- health studies, evaluations or activities, includ- sist of one member, appointed by the President, ing, without limitation, biomedical testing, clin- reasonable by the Administrator, accounted for separately from other assets in the fund, and by and with the advice and consent of the Sen- ical evaluations, medical monitoring, and refer- used for eligible purposes of the fund, including ate, serving as chairman and exercising all pow- ral to accredited health care providers: Provided administration, or, by the State of New York for ers, functions, and duties of the Council. further, That in performing any such health as- fiscal year 2000 and prior years, for capitaliza- FEDERAL DEPOSIT INSURANCE CORPORATION sessment or health study, evaluation, or activ- tion of the fund: Provided further, That not- ity, the Administrator of ATSDR shall not be OFFICE OF INSPECTOR GENERAL withstanding section 518(f) of the Federal Water bound by the deadlines in section 104(i)(6)(A): (INCLUDING TRANSFER OF FUNDS) Pollution Control Act, the Administrator is au- Provided further, That none of the funds appro- For necessary expenses of the Office of In- thorized to use the amounts appropriated for priated under this heading shall be available for spector General in carrying out the provisions of any fiscal year under section 319 of that Act to ATSDR to issue in excess of 40 toxicological pro- the Inspector General Act of 1978, as amended, make grants to Indian Tribes pursuant to sec- $33,666,000, to be derived from the Bank Insur- files pursuant to section 104(i) of CERCLA dur- tion 319(h) and 518(e) of that Act: Provided fur- ing fiscal year 2000. ance Fund, the Savings Association Insurance ther, That notwithstanding any other provision Fund, and the FSLIC Resolution Fund. LEAKING UNDERGROUND STORAGE TANK PROGRAM of law, in the case of a publicly owned treat- For necessary expenses to carry out leaking ment works in the District of Columbia, the Fed- FEDERAL EMERGENCY MANAGEMENT AGENCY underground storage tank cleanup activities au- eral share of grants awarded under title II of DISASTER RELIEF thorized by section 205 of the Superfund Amend- the Federal Water Pollution Control Act, begin- (INCLUDING TRANSFER OF FUNDS) ments and Reauthorization Act of 1986, and for ning October 1, 1999 and continuing through For necessary expenses in carrying out the construction, alteration, repair, rehabilitation, September 30, 2001, shall be 80 percent of the Robert T. Stafford Disaster Relief and Emer- and renovation of facilities, not to exceed cost of construction, and all grants made to gency Assistance Act (42 U.S.C. 5121 et seq.), $75,000 per project, $70,000,000, to remain avail- such publicly owned treatment works in the Dis- $300,000,000, and, notwithstanding 42 U.S.C. able until expended. trict of Columbia may include an advance of al- 5203, to remain available until expended, of OIL SPILL RESPONSE lowance under section 201(l)(2): Provided fur- which not to exceed $2,900,000 may be trans- (INCLUDING TRANSFER OF FUNDS) ther, That the $2,200,000 appropriated in Public ferred to ‘‘Emergency Management Planning For expenses necessary to carry out the Envi- Law 105–276 in accordance with House Report and Assistance’’ for the consolidated emergency ronmental Protection Agency’s responsibilities No. 105–769, for a grant to the Charleston, Utah management performance grant program: Pro- under the Oil Pollution Act of 1990, $15,000,000, Water Conservancy District, as amended by vided, That of the funds made available under to be derived from the Oil Spill Liability trust Public Law 106–31, shall be awarded to Wasatch this heading in this and prior Appropriations fund, to remain available until expended. County, Utah, for water and sewer needs: Pro- Acts and under section 404 of the Stafford Act STATE AND TRIBAL ASSISTANCE GRANTS vided further, That the funds appropriated to the State of California, $2,000,000 shall be for For environmental programs and infrastruc- under this heading in Public Law 105–276 for a pilot project of seismic retrofit technology at ture assistance, including capitalization grants the City of Fairbanks, Alaska, water system im- California State University, San Bernardino; for State revolving funds and performance part- provements shall instead be for the Matanuska- $6,000,000 shall be for a seismic retrofit project nership grants, $3,466,650,000, to remain avail- Susitna Borough, Alaska, water and sewer im- at Loma Linda University Hospital; and able until expended, of which $1,350,000,000 provements: Provided further, That notwith- $2,000,000 shall be for a seismic retrofit project shall be for making capitalization grants for the standing any other provision of law, all claims at the University of Redlands, Redlands: Pro- Clean Water State Revolving Funds under title for principal and interest registered through vided further, That of the funds made available VI of the Federal Water Pollution Control Act, grant dispute AA–91–AD34 (05–90–AD09) or any under this heading in this and prior Appropria- as amended; $820,000,000 shall be for capitaliza- other such dispute hereafter filed by the Envi- tions Acts and under section 404 of the Stafford tion grants for the Drinking Water State Re- ronmental Protection Agency relative to water Act to the State of Florida, $1,000,000 shall be volving Funds under section 1452 of the Safe pollution control center and sewer system im- for a hurricane protection project for the St. Pe- Drinking Water Act, as amended, except that, provement grants numbers C–390996–01, C– tersburg campus of South Florida University, notwithstanding section 1452(n) of the Safe 390996–2, and C–390996–3 made in 1976 and 1977 and $2,500,000 shall be for a windstorm simula- Drinking Water Act, as amended, none of the are hereby resolved in favor of the grantee. tion project at Florida International University, funds made available under this heading in this The Environmental Protection Agency and Miami: Provided further, That of the funds Act, or in previous appropriations acts, shall be the New York State Department of Environ- made available under this heading in this and reserved by the Administrator for health effects mental Conservation are authorized to award, prior Appropriations Acts and under section 404 studies on drinking water contaminants; from construction grant reallotments to the of the Stafford Act to the State of North Caro- $50,000,000 shall be for architectural, engineer- State of New York of previously appropriated lina, $1,000,000 shall be for a logistical staging H9994 CONGRESSIONAL RECORD — HOUSE October 13, 1999 area concept demonstration involving ware- law, the Director of FEMA is authorized to pro- (42 U.S.C. 4127(c)), is amended by striking ‘‘Sep- house facilities at the Stanly County Airport: vide assistance from funds appropriated under tember 30, 1999’’ and inserting ‘‘September 30, Provided further, That of the funds made avail- this heading, subject to terms and conditions as 2000’’. able under this heading in this and prior Appro- the Director of FEMA shall establish, to any NATIONAL FLOOD MITIGATION FUND priations Acts and under section 404 of the Staf- State for multi-hazard preparedness and mitiga- (INCLUDING TRANSFER OF FUNDS) ford Act to the State of Louisiana, $500,000 shall tion through consolidated emergency manage- Notwithstanding sections 1366(b)(3)(B)–(C) be for wave monitoring buoys in the Gulf of ment performance grants: Provided further, and 1366(f) of the National Flood Insurance Act Mexico off the Louisiana coast. That notwithstanding any other provision of of 1968, as amended, $20,000,000 to remain avail- For an additional amount for ‘‘Disaster re- law, FEMA is authorized to and shall extend its able until September 30, 2001, for activities de- lief’’, $2,480,425,000, to remain available until cooperative agreement for the Jones County, signed to reduce the risk of flood damage to expended: Provided, That the entire amount is Mississippi Emergency Operating Center, and structures pursuant to such Act, of which designated by the Congress as an emergency re- the funds which were obligated as federal $20,000,000 shall be derived from the National quirement pursuant to section 251(b)(2)(A) of matching funds for that Center shall remain Flood Insurance Fund. the Balanced Budget and Emergency Deficit available for expenditure until September 30, GENERAL SERVICES ADMINISTRATION Control Act of 1985, as amended: Provided fur- 2001. CONSUMER INFORMATION CENTER FUND ther, That the entire amount shall be available RADIOLOGICAL EMERGENCY PREPAREDNESS FUND For necessary expenses of the Consumer Infor- only to the extent that an official budget request The aggregate charges assessed during fiscal mation Center, including services authorized by for a specific dollar amount, that includes des- year 2000, as authorized by Public Law 105–276, 5 U.S.C. 3109, $2,622,000, to be deposited into the ignation of the entire amount of the request as shall not be less than 100 percent of the amounts Consumer Information Center Fund: Provided, an emergency requirement as defined in the Bal- anticipated by FEMA necessary for its radio- That the appropriations, revenues and collec- anced Budget and Emergency Deficit Control logical emergency preparedness program for the tions deposited into the fund shall be available Act of 1985, as amended, is transmitted by the next fiscal year. The methodology for assess- for necessary expenses of Consumer Information President to the Congress. ment and collection of fees shall be fair and eq- Center activities in the aggregate amount of DISASTER ASSISTANCE DIRECT LOAN PROGRAM uitable; and shall reflect costs of providing such $7,500,000. Appropriations, revenues, and collec- ACCOUNT services, including administrative costs of col- tions accruing to this fund during fiscal year For the cost of direct loans, $1,295,000, as au- lecting such fees. Fees received pursuant to this 2000 in excess of $7,500,000 shall remain in the thorized by section 319 of the Robert T. Stafford section shall be deposited in the Fund as offset- fund and shall not be available for expenditure Disaster Relief and Emergency Assistance Act: ting collections and will become available for except as authorized in appropriations Acts. Provided, That such costs, including the cost of authorized purposes on October 1, 2000, and re- NATIONAL AERONAUTICS AND SPACE modifying such loans, shall be as defined in sec- main available until expended. ADMINISTRATION tion 502 of the Congressional Budget Act of 1974, EMERGENCY FOOD AND SHELTER PROGRAM HUMAN SPACE FLIGHT as amended: Provided further, That these funds To carry out an emergency food and shelter For necessary expenses, not otherwise pro- are available to subsidize gross obligations for program pursuant to title III of Public Law 100– vided for, in the conduct and support of human the principal amount of direct loans not to ex- 77, as amended, $110,000,000, to remain available space flight research and development activities, ceed $25,000,000. until expended: Provided, That total adminis- including research, development, operations, In addition, for administrative expenses to trative costs shall not exceed three and one-half and services; maintenance; construction of fa- carry out the direct loan program, $420,000. percent of the total appropriation. cilities including repair, rehabilitation, and SALARIES AND EXPENSES FLOOD MAP MODERNIZATION FUND modification of real and personal property, and For necessary expenses, not otherwise pro- For necessary expenses pursuant to section acquisition or condemnation of real property, as vided for, including hire and purchase of motor 1360 of the National Flood Insurance Act of authorized by law; space flight, spacecraft con- vehicles as authorized by 31 U.S.C. 1343; uni- 1968, $5,000,000, and such additional sums as trol and communications activities including op- forms, or allowances therefor, as authorized by may be provided by State or local governments erations, production, and services; and pur- 5 U.S.C. 5901–5902; services as authorized by 5 or other political subdivisions for cost shared chase, lease, charter, maintenance and oper- U.S.C. 3109, but at rates for individuals not to mapping activities under section 1360(f)(2), to ation of mission and administrative aircraft, exceed the per diem rate equivalent to the max- remain available until expended. $5,510,900,000, to remain available until Sep- imum rate payable for senior level positions NATIONAL INSURANCE DEVELOPMENT FUND tember 30, 2001: Provided, That $40,000,000 of the under 5 U.S.C. 5376; expenses of attendance of Notwithstanding the provisions of 12 U.S.C. amount provided in this paragraph shall be cooperating officials and individuals at meetings 1735d(b) and 12 U.S.C. 1749bbb–13(b)(6), any in- available to the space shuttle program only for preparations necessary to carry out a life and concerned with the work of emergency pre- debtedness of the Director of the Federal Emer- micro-gravity science mission, to be flown be- paredness; transportation in connection with gency Management Agency resulting from the tween STS–107 and December 2001. the continuity of Government programs to the Director borrowing sums under such sections be- SCIENCE, AERONAUTICS AND TECHNOLOGY same extent and in the same manner as per- fore the date of the enactment of this Act to mitted the Secretary of a Military Department carry out title XII of the National Housing Act For necessary expenses, not otherwise pro- vided for, in the conduct and support of science, under 10 U.S.C. 2632; and not to exceed $2,500 shall be canceled, and the Director shall not be aeronautics and technology research and devel- for official reception and representation ex- obligated to repay such sums or any interest opment activities, including research, develop- penses, $180,000,000. thereon, and no further interest shall accrue on ment, operations, and services; maintenance; OFFICE OF THE INSPECTOR GENERAL such sums. For necessary expenses of the Office of In- construction of facilities including repair, reha- NATIONAL FLOOD INSURANCE FUND bilitation, and modification of real and personal spector General in carrying out the Inspector (INCLUDING TRANSFER OF FUNDS) property, and acquisition or condemnation of General Act of 1978, as amended, $8,015,000. For activities under the National Flood Insur- real property, as authorized by law; space EMERGENCY MANAGEMENT PLANNING AND ance Act of 1968, the Flood Disaster Protection flight, spacecraft control and communications ASSISTANCE Act of 1973, as amended, not to exceed activities including operations, production, and (INCLUDING TRANSFER OF FUNDS) $24,333,000 for salaries and expenses associated services; and purchase, lease, charter, mainte- For necessary expenses, not otherwise pro- with flood mitigation and flood insurance oper- nance and operation of mission and administra- vided for, to carry out activities under the Na- ations, and not to exceed $78,710,000 for flood tive aircraft, $5,606,700,000, to remain available tional Flood Insurance Act of 1968, as amended, mitigation, including up to $20,000,000 for ex- until September 30, 2001. and the Flood Disaster Protection Act of 1973, penses under section 1366 of the National Flood MISSION SUPPORT as amended (42 U.S.C. 4001 et seq.), the Robert Insurance Act, which amount shall be available For necessary expenses, not otherwise pro- T. Stafford Disaster Relief and Emergency As- for transfer to the National Flood Mitigation vided for, in carrying out mission support for sistance Act (42 U.S.C. 5121 et seq.), the Earth- Fund until September 30, 2001. In fiscal year human space flight programs and science, aero- quake Hazards Reduction Act of 1977, as amend- 2000, no funds in excess of: (1) $47,000,000 for op- nautical, and technology programs, including ed (42 U.S.C. 7701 et seq.), the Federal Fire Pre- erating expenses; (2) $456,427,000 for agents’ research operations and support; space commu- vention and Control Act of 1974, as amended (15 commissions and taxes; and (3) $50,000,000 for nications activities including operations, pro- U.S.C. 2201 et seq.), the Defense Production Act interest on Treasury borrowings shall be avail- duction and services; maintenance; construction of 1950, as amended (50 U.S.C. App. 2061 et able from the National Flood Insurance Fund of facilities including repair, rehabilitation, and seq.), sections 107 and 303 of the National Secu- without prior notice to the Committees on Ap- modification of facilities, minor construction of rity Act of 1947, as amended (50 U.S.C. 404–405), propriations. For fiscal year 2000, flood insur- new facilities and additions to existing facilities, and Reorganization Plan No. 3 of 1978, ance rates shall not exceed the level authorized facility planning and design, environmental $267,000,000: Provided, That for purposes of pre- by the National Flood Insurance Reform Act of compliance and restoration, and acquisition or disaster mitigation pursuant to 42 U.S.C. 5131(b) 1994. condemnation of real property, as authorized by and (c) and 42 U.S.C. 5196(e) and (i), $25,000,000 Section 1309(a)(2) of the National Flood Insur- law; program management; personnel and re- of the funds made available under this heading ance Act (42 U.S.C. 4016(a)(2)), as amended by lated costs, including uniforms or allowances shall be available until expended for project Public Law 104–208, is further amended by strik- therefor, as authorized by 5 U.S.C. 5901–5902; grants: Provided further, That beginning in fis- ing ‘‘1999’’ and inserting ‘‘2000’’. travel expenses; purchase, lease, charter, main- cal year 2000 and each fiscal year thereafter, The first sentence of section 1376(c) of the Na- tenance, and operation of mission and adminis- and notwithstanding any other provision of tional Flood Insurance Act of 1968, as amended trative aircraft; not to exceed $35,000 for official October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9995 reception and representation expenses; and pur- tivities, all amounts, including floors and ceil- NEIGHBORHOOD REINVESTMENT CORPORATION chase (not to exceed 33 for replacement only) ings, specified in the authorizing Act for those PAYMENT TO THE NEIGHBORHOOD REINVESTMENT and hire of passenger motor vehicles, program activities or their subactivities shall be CORPORATION $2,515,100,000, to remain available until Sep- reduced proportionally: Provided further, That For payment to the Neighborhood Reinvest- tember 30, 2001. $60,000,000 of the funds available under this ment Corporation for use in neighborhood rein- OFFICE OF INSPECTOR GENERAL heading shall be made available for a com- vestment activities, as authorized by the Neigh- For necessary expenses of the Office of In- prehensive research initiative on plant genomes borhood Reinvestment Corporation Act (42 spector General in carrying out the Inspector for economically significant crop: Provided fur- U.S.C. 8101–8107), $75,000,000. General Act of 1978, as amended, $20,000,000. ther, That none of the funds appropriated or SELECTIVE SERVICE SYSTEM ADMINISTRATIVE PROVISIONS otherwise made available to the National SALARIES AND EXPENSES Notwithstanding the limitation on the avail- Science Foundation in this or any prior Act may For necessary expenses of the Selective Service ability of funds appropriated for ‘‘Human space be obligated or expended by the National System, including expenses of attendance at flight’’, ‘‘Science, aeronautics and technology’’, Science Foundation to enter into or extend a meetings and of training for uniformed per- or ‘‘Mission support’’ by this appropriations grant, contract, or cooperative agreement for the sonnel assigned to the Selective Service System, Act, when any activity has been initiated by the support of administering the domain name and as authorized by 5 U.S.C. 4101–4118 for civilian incurrence of obligations for construction of fa- numbering system of the Internet after Sep- employees; and not to exceed $1,000 for official cilities as authorized by law, such amount tember 30, 1998: Provided further, That no funds reception and representation expenses; available for such activity shall remain avail- in this or any other Act shall be used to acquire $24,000,000: Provided, That during the current able until expended. This provision does not or lease a research vessel with ice-breaking ca- fiscal year, the President may exempt this ap- apply to the amounts appropriated in ‘‘Mission pability built or retrofitted by a shipyard lo- propriation from the provisions of 31 U.S.C. support’’ pursuant to the authorization for re- cated in a foreign country if such a vessel of 1341, whenever he deems such action to be nec- pair, rehabilitation and modification of facili- United States origin can be obtained at a cost essary in the interest of national defense: Pro- ties, minor construction of new facilities and ad- no more than 50 per centum above that of the vided further, That none of the funds appro- ditions to existing facilities, and facility plan- least expensive technically acceptable foreign priated by this Act may be expended for or in ning and design. vessel bid: Provided further, That, in deter- connection with the induction of any person Notwithstanding the limitation on the avail- mining the cost of such a vessel, such cost be in- into the Armed Forces of the United States. creased by the amount of any subsidies or fi- ability of funds appropriated for ‘‘Human space TITLE IV—GENERAL PROVISIONS nancing provided by a foreign government (or flight’’, ‘‘Science, aeronautics and technology’’, SEC. 401. Where appropriations in titles I, II, or ‘‘Mission support’’ by this appropriations instrumentality thereof) to such vessel’s con- struction: Provided further, That if the vessel and III of this Act are expendable for travel ex- Act, the amounts appropriated for construction penses and no specific limitation has been of facilities shall remain available until Sep- contracted for pursuant to the foregoing is not available for the 2002–2003 austral summer Ant- placed thereon, the expenditures for such travel tember 30, 2002. expenses may not exceed the amounts set forth Notwithstanding the limitation on the avail- arctic season, a vessel of any origin may be leased for a period of not to exceed 120 days for therefore in the budget estimates submitted for ability of funds appropriated for ‘‘Mission sup- the appropriations: Provided, That this provi- port’’ and ‘‘Office of Inspector General’’, that season and each season thereafter until de- livery of the new vessel. sion does not apply to accounts that do not con- amounts made available by this Act for per- tain an object classification for travel: Provided sonnel and related costs and travel expenses of MAJOR RESEARCH EQUIPMENT further, That this section shall not apply to the National Aeronautics and Space Adminis- travel performed by uncompensated officials of For necessary expenses of major construction tration shall remain available until September local boards and appeal boards of the Selective projects pursuant to the National Science Foun- 30, 2000 and may be used to enter into contracts Service System; to travel performed directly in dation Act of 1950, as amended, including for training, investigations, costs associated connection with care and treatment of medical award-related travel, $95,000,000, to remain with personnel relocation, and for other serv- beneficiaries of the Department of Veterans Af- available until expended. ices, to be provided during the next fiscal year. fairs; to travel performed in connection with Unless otherwise provided for in this Act or in EDUCATION AND HUMAN RESOURCES major disasters or emergencies declared or deter- the joint explanatory statement of the committee mined by the President under the provisions of For necessary expenses in carrying out science of conference accompanying this Act, no part of the Robert T. Stafford Disaster Relief and Emer- and engineering education and human resources the funds appropriated for ‘‘Human space gency Assistance Act; to travel performed by the programs and activities pursuant to the Na- flight’’ may be used for the development of the Offices of Inspector General in connection with tional Science Foundation Act of 1950, as International Space Station in excess of the audits and investigations; or to payments to amended (42 U.S.C. 1861–1875), including serv- amounts set forth in the budget estimates sub- interagency motor pools where separately set ices as authorized by 5 U.S.C. 3109, award-re- mitted as part of the budget request for fiscal forth in the budget schedules: Provided further, lated travel, and rental of conference rooms in year 2000. That if appropriations in titles I, II, and III ex- the District of Columbia, $696,600,000, to remain NATIONAL CREDIT UNION ADMINISTRATION ceed the amounts set forth in budget estimates available until September 30, 2001: Provided, CENTRAL LIQUIDITY FACILITY initially submitted for such appropriations, the That to the extent that the amount of this ap- expenditures for travel may correspondingly ex- During fiscal year 2000, administrative ex- propriation is less than the total amount au- ceed the amounts therefore set forth in the esti- penses of the Central Liquidity Facility shall thorized to be appropriated for included pro- mates in the same proportion. not exceed $257,000: Provided, That $1,000,000, gram activities, all amounts, including floors SEC. 402. Appropriations and funds available together with amounts of principal and interest and ceilings, specified in the authorizing Act for on loans repaid, to be available until expended, for the administrative expenses of the Depart- those program activities or their subactivities ment of Housing and Urban Development and is available for loans to community development shall be reduced proportionally: Provided fur- credit unions. the Selective Service System shall be available in ther, That $10,000,000 shall be available for the the current fiscal year for purchase of uniforms, NATIONAL SCIENCE FOUNDATION purpose of establishing an office of innovation or allowances therefor, as authorized by 5 RESEARCH AND RELATED ACTIVITIES partnerships. U.S.C. 5901–5902; hire of passenger motor vehi- For necessary expenses in carrying out the SALARIES AND EXPENSES cles; and services as authorized by 5 U.S.C. 3109. National Science Foundation Act of 1950, as SEC. 403. Funds of the Department of Housing amended (42 U.S.C. 1861–1875), and the Act to For salaries and expenses necessary in car- and Urban Development subject to the Govern- establish a National Medal of Science (42 U.S.C. rying out the National Science Foundation Act ment Corporation Control Act or section 402 of 1880–1881); services as authorized by 5 U.S.C. of 1950, as amended (42 U.S.C. 1861–1875); serv- the Housing Act of 1950 shall be available, with- 3109; maintenance and operation of aircraft and ices authorized by 5 U.S.C. 3109; hire of pas- out regard to the limitations on administrative purchase of flight services for research support; senger motor vehicles; not to exceed $9,000 for expenses, for legal services on a contract or fee acquisition of aircraft; $2,966,000,000, of which official reception and representation expenses; basis, and for utilizing and making payment for not to exceed $253,000,000 shall remain available uniforms or allowances therefor, as authorized services and facilities of Federal National Mort- until expended for Polar research and oper- by 5 U.S.C. 5901–5902; rental of conference rooms gage Association, Government National Mort- ations support, and for reimbursement to other in the District of Columbia; reimbursement of gage Association, Federal Home Loan Mortgage Federal agencies for operational and science the General Services Administration for security Corporation, Federal Financing Bank, Federal support and logistical and other related activi- guard services; $149,000,000: Provided, That con- Reserve banks or any member thereof, Federal ties for the United States Antarctic program; the tracts may be entered into under ‘‘Salaries and Home Loan banks, and any insured bank within balance to remain available until September 30, expenses’’ in fiscal year 2000 for maintenance the meaning of the Federal Deposit Insurance 2001: Provided, That receipts for scientific sup- and operation of facilities, and for other serv- Corporation Act, as amended (12 U.S.C. 1811– port services and materials furnished by the Na- ices, to be provided during the next fiscal year. 1831). tional Research Centers and other National EC OFFICE OF INSPECTOR GENERAL S . 404. No part of any appropriation con- Science Foundation supported research facilities tained in this Act shall remain available for ob- may be credited to this appropriation: Provided For necessary expenses of the Office of In- ligation beyond the current fiscal year unless further, That to the extent that the amount ap- spector General as authorized by the Inspector expressly so provided herein. propriated is less than the total amount author- General Act of 1978, as amended, $5,450,000, to SEC. 405. No funds appropriated by this Act ized to be appropriated for included program ac- remain available until September 30, 2001. may be expended— H9996 CONGRESSIONAL RECORD — HOUSE October 13, 1999

(1) pursuant to a certification of an officer or gated or expended to procure passenger auto- SEC. 423. Notwithstanding any other law, employee of the United States unless— mobiles as defined in 15 U.S.C. 2001 with an funds made available by this or any other Act or (A) such certification is accompanied by, or is EPA estimated miles per gallon average of less previous Acts for the United States/Mexico part of, a voucher or abstract which describes than 22 miles per gallon. Foundation for Science may be used for the en- the payee or payees and the items or services for SEC. 414. None of the funds appropriated in dowment of such Foundation: Provided, That which such expenditure is being made; or title I of this Act shall be used to enter into any funds from the United States Government shall (B) the expenditure of funds pursuant to such new lease of real property if the estimated an- be matched in equal amounts with funds from certification, and without such a voucher or ab- nual rental is more than $300,000 unless the Sec- Mexico: Provided further, That the accounts of stract, is specifically authorized by law; and retary submits, in writing, a report to the Com- such Foundation shall be subject to United (2) unless such expenditure is subject to audit mittees on Appropriations of the Congress and a States Government administrative and audit re- by the General Accounting Office or is specifi- period of 30 days has expired following the date quirements concerning grants and requirements cally exempt by law from such audit. on which the report is received by the Commit- concerning cost principles for nonprofit organi- SEC. 406. None of the funds provided in this tees on Appropriations. zations: Provided further, That the United Act to any department or agency may be ex- SEC. 415. (a) It is the sense of the Congress States/Mexico Foundation for Science is re- pended for the transportation of any officer or that, to the greatest extent practicable, all named the George E. Brown United States/Mex- employee of such department or agency between equipment and products purchased with funds ico Foundation for Science. their domicile and their place of employment, made available in this Act should be American- SEC. 424. None of the funds made available in with the exception of any officer or employee made. this Act may be used to carry out Executive authorized such transportation under 31 U.S.C. (b) In providing financial assistance to, or en- Order No. 13083. 1344 or 5 U.S.C. 7905. tering into any contract with, any entity using SEC. 425. Unless otherwise provided for in this SEC. 407. None of the funds provided in this funds made available in this Act, the head of Act, no part of any appropriation for the De- Act may be used for payment, through grants or each Federal agency, to the greatest extent partment of Housing and Urban Development contracts, to recipients that do not share in the practicable, shall provide to such entity a notice shall be available for any activity in excess of cost of conducting research resulting from pro- describing the statement made in subsection (a) amounts set forth in the budget estimates sub- posals not specifically solicited by the Govern- by the Congress. mitted for the appropriations. ment: Provided, That the extent of cost sharing SEC. 416. None of the funds appropriated in SEC. 426. Except in the case of entities that are by the recipient shall reflect the mutuality of in- this Act may be used to implement any cap on funded solely with Federal funds or any natural terest of the grantee or contractor and the Gov- reimbursements to grantees for indirect costs, ex- persons that are funded under this Act, none of ernment in the research. cept as published in Office of Management and the funds in this Act shall be used for the plan- SEC. 408. None of the funds in this Act may be Budget Circular A–21. ning or execution of any program to pay the ex- used, directly or through grants, to pay or to SEC. 417. Such sums as may be necessary for penses of, or otherwise compensate, non-Federal provide reimbursement for payment of the salary fiscal year 2000 pay raises for programs funded parties to lobby or litigate in respect to adju- of a consultant (whether retained by the Fed- by this Act shall be absorbed within the levels dicatory proceedings funded in this Act. A chief eral Government or a grantee) at more than the appropriated in this Act. executive officer of any entity receiving funds SEC. 418. None of the funds made available in daily equivalent of the rate paid for level IV of under this Act shall certify that none of these this Act may be used for any program, project, the Executive Schedule, unless specifically au- funds have been used to engage in the lobbying or activity, when it is made known to the Fed- thorized by law. of the Federal government or in litigation eral entity or official to which the funds are SEC. 409. None of the funds provided in this against the United States unless authorized made available that the program, project, or ac- Act shall be used to pay the expenses of, or oth- under existing law. tivity is not in compliance with any Federal law erwise compensate, non-Federal parties inter- SEC. 427. LAW ENFORCEMENT AGENCIES NOT relating to risk assessment, the protection of pri- vening in regulatory or adjudicatory pro- INCLUDED AS OWNER OR OPERATOR. Section vate property rights, or unfunded mandates. 101(20)(D) of the Comprehensive Environmental ceedings. Nothing herein affects the authority of SEC. 419. Corporations and agencies of the De- the Consumer Product Safety Commission pur- Response, Compensation, and Liability Act of partment of Housing and Urban Development 1980 (42 U.S.C. 9601(20)(D)) is amended by in- suant to section 7 of the Consumer Product which are subject to the Government Corpora- Safety Act (15 U.S.C. 2056 et seq.). serting ‘‘through seizure or otherwise in connec- tion Control Act, as amended, are hereby au- tion with law enforcement activity’’ before ‘‘in- SEC. 410. Except as otherwise provided under thorized to make such expenditures, within the existing law, or under an existing Executive voluntary’’ the first place it appears. limits of funds and borrowing authority avail- SEC. 428. No part of any funds appropriated Order issued pursuant to an existing law, the able to each such corporation or agency and in in this Act shall be used by an agency of the ex- obligation or expenditure of any appropriation accord with law, and to make such contracts ecutive branch, other than for normal and rec- under this Act for contracts for any consulting and commitments without regard to fiscal year ognized executive-legislative relationships, for service shall be limited to contracts which are: limitations as provided by section 104 of the Act publicity or propaganda purposes, and for the (1) a matter of public record and available for as may be necessary in carrying out the pro- preparation, distribution or use of any kit, pam- public inspection; and (2) thereafter included in grams set forth in the budget for 2000 for such phlet, booklet, publication, radio, television or a publicly available list of all contracts entered corporation or agency except as hereinafter pro- film presentation designed to support or defeat into within 24 months prior to the date on which vided: Provided, That collections of these cor- legislation pending before the Congress, except the list is made available to the public and of all porations and agencies may be used for new in presentation to the Congress itself. contracts on which performance has not been loan or mortgage purchase commitments only to SEC. 429. The comment period on the proposed completed by such date. The list required by the the extent expressly provided for in this Act (un- rules related to section 303(d) of the Clean preceding sentence shall be updated quarterly less such loans are in support of other forms of Water Act published at 64 Federal Register 46012 and shall include a narrative description of the assistance provided for in this or prior appro- and 46058 (August 23, 1999) shall be extended work to be performed under each such contract. priations Acts), except that this proviso shall from October 22, 1999, for a period of 90 addi- SEC. 411. Except as otherwise provided by law, not apply to the mortgage insurance or guar- tional calendar days. no part of any appropriation contained in this anty operations of these corporations, or where SEC. 430. Section 4(a) of the Act of August 9, Act shall be obligated or expended by any exec- loans or mortgage purchases are necessary to 1950 (16 U.S.C. 777c(a)), is amended in the sec- utive agency, as referred to in the Office of Fed- protect the financial interest of the United ond sentence by striking ‘‘1999’’ and inserting eral Procurement Policy Act (41 U.S.C. 401 et States Government. ‘‘2000’’. seq.), for a contract for services unless such ex- SEC. 420. Notwithstanding section 320(g) of the SEC. 431. PROMULGATION OF STORMWATER ecutive agency: (1) has awarded and entered Federal Water Pollution Control Act (33 U.S.C. REGULATIONS. (a) STORMWATER REGULATIONS.— into such contract in full compliance with such 1330(g)), funds made available pursuant to au- The Administrator of the Environmental Protec- Act and the regulations promulgated there- thorization under such section for fiscal year tion Agency shall not promulgate the Phase II under; and (2) requires any report prepared pur- 2000 may be used for implementing comprehen- stormwater regulations until the Administrator suant to such contract, including plans, evalua- sive conservation and management plans. submits to the Committee on Environment and tions, studies, analyses and manuals, and any SEC. 421. Notwithstanding any other provision Public Works of the Senate and the Committee report prepared by the agency which is substan- of law, the term ‘‘qualified student loan’’ with on Transportation and Infrastructure of the tially derived from or substantially includes any respect to national service education awards House of Representatives a report containing— report prepared pursuant to such contract, to shall mean any loan made directly to a student (1) an in-depth impact analysis on the effect contain information concerning: (A) the con- by the Alaska Commission on Postsecondary the final regulations will have on urban, subur- tract pursuant to which the report was pre- Education, in addition to other meanings under ban, and rural local governments subject to the pared; and (B) the contractor who prepared the section 148(b)(7) of the National and Community regulations, including an estimate of— report pursuant to such contract. Service Act. (A) the costs of complying with the 6 minimum SEC. 412. Except as otherwise provided in sec- SEC. 422. It is the sense of the Congress that, control measures described in the regulations; tion 406, none of the funds provided in this Act along with health care, housing, education, and and to any department or agency shall be obligated other benefits, the presence of an honor guard (B) the costs resulting from the lowering of or expended to provide a personal cook, chauf- at a veteran’s funeral is a benefit that a veteran the construction threshold from 5 acres to 1 feur, or other personal servants to any officer or has earned, and, therefore, the executive branch acre; employee of such department or agency. should provide funeral honor details for the fu- (2) an explanation of the rationale of the Ad- SEC. 413. None of the funds provided in this nerals of veterans when requested, in accord- ministrator for lowering the construction site Act to any department or agency shall be obli- ance with law. threshold from 5 acres to 1 acre, including— October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9997

(A) an explanation, in light of recent court (d) DEFINITIONS.—As used in this section, the ‘‘(4) APPLICATION OF CERTAIN PROCEDURES.— decisions, of why a 1-acre measure is any less term ‘‘United States commercial use’’ means pri- If the Administrator requests additional appro- arbitrarily determined than a 5-acre measure; vate commercial projects that are designed to priations to make payments under this section, and benefit the United States through the sales of like the payments that may be made under sec- (B) all qualitative information used in deter- goods or services or the creation of jobs, or both. tion 308(b) of this Act, then the request for those mining an acre threshold for a construction site; (e) TERMINATION.—The demonstration pro- appropriations shall be made in accordance (3) documentation demonstrating that gram established under this section shall apply with the procedures established by subsections stormwater runoff is generally a problem in to United States commercial use agreements that (d) and (e) of section 70113 of title 49, United communities with populations of 50,000 to are entered into prior to the date of the comple- States Code. 100,000 (including an explanation of why the tion of the International Space Station or the ‘‘(c) CROSS-WAIVERS.— coverage of the regulation is based on a census- end of fiscal year 2004, whichever is earlier. ‘‘(1) ADMINISTRATOR AUTHORIZED TO WAIVE.— determined population instead of a water qual- SEC. 435. INSURANCE; INDEMNIFICATION; LI- The Administrator, on behalf of the United ity threshold); and ABILITY. (a) AMENDMENT.—The National Aero- States, and its departments, agencies, and re- (4) information that supports the position of nautics and Space Act of 1958 (42 U.S.C. 2451 et lated entities, may reciprocally waive claims the Administrator that the Phase II stormwater seq.) is amended by inserting after section 308 with a developer or cooperating party and with program should be administered as part of the the following new section: the related entities of that developer or cooper- National Pollutant Discharge Elimination Sys- ‘‘EXPERIMENTAL AEROSPACE VEHICLE ating party under which each party to the tem under section 402 of the Federal Water Pol- ‘‘(a) IN GENERAL.—The Administrator may waiver agrees to be responsible, and agrees to lution Control Act (33 U.S.C. 1342). provide liability insurance for, or indemnifica- ensure that its own related entities are respon- (b) PHASE I REGULATIONS.—No later than 120 tion to, the developer of an experimental aero- sible, for damage or loss to its property for days after the enactment of this Act, the Envi- space vehicle developed or used in execution of which it is responsible, or for losses resulting ronmental Protection Agency shall submit to the an agreement between the Administration and from any injury or death sustained by its own Environment and Public Works Committee of the developer. employees or agents, as a result of activities the Senate and the Committee on Transpor- ‘‘(b) TERMS AND CONDITIONS.— connected to the agreement or use of the experi- tation and Infrastructure of the House of Rep- ‘‘(1) IN GENERAL.—Except as otherwise pro- mental aerospace vehicle. resentatives a report containing a detailed ex- vided in this section, the insurance and indem- ‘‘(2) LIMITATIONS.— ‘‘(A) CLAIMS.—A reciprocal waiver under planation of the impact, if any, that the Phase nification provided by the Administration under paragraph (1) may not preclude a claim by any I program has had in improving water quality subsection (a) to a developer shall be provided natural person (including, but not limited to, a in the United States (including a description of on the same terms and conditions as insurance natural person who is an employee of the specific measures that have been successful and and indemnification is provided by the Adminis- United States, the developer, the cooperating those that have been unsuccessful). tration under section 308 of this Act to the user party, or their respective subcontractors) or that (c) FEDERAL REGISTER.—The reports described of a space vehicle. natural person’s estate, survivors, or subrogees in subsections (a) and (b) shall be published in ‘‘(2) INSURANCE.— for injury or death, except with respect to a the Federal Register for public comment. ‘‘(A) IN GENERAL.—A developer shall obtain li- SEC. 432. PESTICIDE TOLERANCE FEES. None of ability insurance or demonstrate financial re- subrogee that is a party to the waiver or has the funds appropriated or otherwise made avail- sponsibility in amounts to compensate for the otherwise agreed to be bound by the terms of the able by this Act shall be used to promulgate a maximum probable loss from claims by— waiver. final regulation to implement changes in the ‘‘(i) a third party for death, bodily injury, or ‘‘(B) LIABILITY FOR NEGLIGENCE.—A recip- payment of pesticide tolerance processing fees as property damage, or loss resulting from an ac- rocal waiver under paragraph (1) may not ab- proposed at 64 Fed. Reg. 31040, or any similar tivity carried out in connection with the devel- solve any party of liability to any natural per- proposals. The Environmental Protection Agen- opment or use of an experimental aerospace ve- son (including, but not limited to, a natural per- cy may proceed with the development of such a hicle; and son who is an employee of the United States, the rule. ‘‘(ii) the United States Government for dam- developer, the cooperating party, or their re- SEC. 433. COMMERCIAL SPACE LAUNCH INDEM- age or loss to Government property resulting spective subcontractors) or such a natural per- NIFICATION EXTENSION. Section 70113(f) of title from such an activity. son’s estate, survivors, or subrogees for neg- 49, United States Code is amended by striking ‘‘(B) MAXIMUM REQUIRED.—The Adminis- ligence, except with respect to a subrogee that is ‘‘December 31, 1999’’, and inserting ‘‘December trator shall determine the amount of insurance a party to the waiver or has otherwise agreed to 31, 2000’’. required, but, except as provided in subpara- be bound by the terms of the waiver. SEC. 434. SPACE STATION COMMERCIAL DEVEL- graph (C), that amount shall not be greater ‘‘(C) INDEMNIFICATION FOR DAMAGES.—A re- OPMENT DEMONSTRATION PROGRAM. (a) PUR- than the amount required under section ciprocal waiver under paragraph (1) may not be POSE.—The purpose of this section is to establish 70112(a)(3) of title 49, United States Code, for a used as the basis of a claim by the Administra- a demonstration regarding the commercial feasi- launch. The Administrator shall publish notice tion, or the developer or cooperating party, for bility and economic viability of private sector of the Administrator’s determination and the indemnification against the other for damages business operations involving the International applicable amount or amounts in the Federal paid to a natural person, or that natural per- Space Station and its related infrastructure. Register within 10 days after making the deter- son’s estate, survivors, or subrogees, for injury The goal will be furthered by the early use of mination. or death sustained by that natural person as a the International Space Station by United ‘‘(C) INCREASE IN DOLLAR AMOUNTS.—The Ad- result of activities connected to the agreement or States commercial entities committing private ministrator may increase the dollar amounts set use of the experimental aerospace vehicle. ‘‘(3) EFFECT ON PREVIOUS WAIVERS.—Sub- capital to commercial enterprises on the Inter- forth in section 70112(a)(3)(A) of title 49, United section (c) applies to any waiver of claims en- national Space Station. In conjunction with this States Code, for the purpose of applying that tered into by the Administration without regard demonstration program, the National Aero- section under this section to a developer after to whether it was entered into before, on, or nautics and Space Administration (NASA) shall consultation with the Comptroller General and after the date of the enactment of this Act. establish and publish a price policy designed to such experts and consultants as may be appro- ‘‘(d) DEFINITIONS.—In this section: priate, and after publishing notice of the in- eliminate price uncertainty for those planning ‘‘(1) COOPERATING PARTY.—The term ‘cooper- to utilize the International Space Station and crease in the Federal Register not less than 180 ating party’ means any person who enters into its related facilities for United States commercial days before the increase goes into effect. The an agreement with the Administration for the use. Administrator shall make available for public performance of cooperative scientific, aero- (b) USE OF RECEIPTS FOR COMMERCIAL USE.— inspection, not later than the date of publica- nautical, or space activities to carry out the Any receipts collected by NASA from the com- tion of such notice, a complete record of any purposes of this Act. mercial use of the International Space Station correspondence received by the Administration, ‘‘(2) DEVELOPER.—The term ‘developer’ means shall first be used to offset any costs incurred by and a transcript of any meetings in which the a United States person (other than a natural NASA in support of the United States commer- Administration participated, regarding the pro- person) who— cial use of the International Space Station. Any posed increase. ‘‘(A) is a party to an agreement with the Ad- receipts collected in excess of the costs identified ‘‘(D) SAFETY REVIEW REQUIRED BEFORE AD- ministration for the purpose of developing new pursuant to the prior sentence may be retained MINISTRATOR PROVIDES INSURANCE.—The Admin- technology for an experimental aerospace vehi- by NASA for use without fiscal year limitation istrator may not provide liability insurance or cle; in promoting the commercial use of the Inter- indemnification under subsection (a) unless the ‘‘(B) owns or provides property to be flown or national Space Station. developer establishes to the satisfaction of the situated on that vehicle; or (c) REPORT.—NASA shall submit an annual Administrator that appropriate safety proce- ‘‘(C) employs a natural person to be flown on report to the Congress that identifies all receipts dures and practices are being followed in the de- that vehicle. that are collected under this section, the use of velopment of the experimental aerospace vehicle. ‘‘(3) EXPERIMENTAL AEROSPACE VEHICLE.—The the receipts and the status of the demonstration. ‘‘(3) NO INDEMNIFICATION WITHOUT CROSS- term ‘experimental aerospace vehicle’ means an NASA shall submit a final report on the status WAIVER.—Notwithstanding subsection (a), the object intended to be flown in, or launched into, of the demonstration, including any rec- Administrator may not indemnify a developer of orbital or suborbital flight for the purpose of ommendation for expansion, within 120 days of an experimental aerospace vehicle under this demonstrating technologies necessary for a reus- the completion of the assembly of the Inter- section unless there is an agreement between the able launch vehicle, developed under an agree- national Space Station or the end of fiscal year Administration and the developer described in ment between the Administration and a devel- 2004, whichever is earlier. subsection (c). oper. H9998 CONGRESSIONAL RECORD — HOUSE October 13, 1999

‘‘(4) RELATED ENTITY.—The term ‘related enti- an opportunity to participate in, the rule- zalez National Affordable Housing Act), forgive- ty’ includes a contractor or subcontractor at making, as required by such section 553. ness of any indebtedness to the Secretary relat- any tier, a supplier, a grantee, and an investi- SEC. 503. EFFECTIVE DATE. ing to any remaining principal and interest gator or detailee. (a) IN GENERAL.—The provisions of this title under loans made under such section, together ‘‘(e) RELATIONSHIP TO OTHER LAWS.— and the amendments made by this title are effec- with a dollar for dollar reduction in the amount ‘‘(1) SECTION 308.—This section does not apply tive as of the date of the enactment of this Act, of rental assistance under section 8 of the to any object, transaction, or operation to which unless such provisions or amendments specifi- United States Housing Act of 1937 or other rent- section 308 of this Act applies. cally provide for effectiveness or applicability al assistance provided for such project. Such ‘‘(2) CHAPTER 701 OF TITLE 49, UNITED STATES upon another date certain. analysis shall take into consideration the full CODE.—The Administrator may not provide in- (b) EFFECT OF REGULATORY AUTHORITY.—Any cost of future appropriations for rental assist- demnification to a developer under this section authority in this title or the amendments made ance under such section 8 expected to be pro- for launches subject to license under section by this title to issue regulations, and any spe- vided if such debt forgiveness does not take 70117(g)(1) of title 49, United States Code.’’. cific requirement to issue regulations by a date place, notwithstanding current budgetary treat- (b) REPEAL.—Section 431 of the Departments certain, may not be construed to affect the effec- ment of such actions pursuant to the Congres- of Veterans Affairs and Housing and Urban De- tiveness or applicability of the provisions of this sional Budget Act of 1974. velopment, and Independent Agencies Appro- title or the amendments made by this title under (b) REPORT.—Not later than the expiration of priations Act, 1999 (Public Law 105–276) is re- such provisions and amendments and subsection the 3-month period beginning on the date of the pealed. (a) of this section. enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to TITLE V—PRESERVATION OF AFFORDABLE Subtitle A—Authorization of Appropriations HOUSING the Congress containing the quantitative results for Supportive Housing for the Elderly and of the analysis and an enumeration of any SEC. 501. SHORT TITLE AND TABLE OF CON- Persons With Disabilities project or administrative benefits of such ac- TENTS. SEC. 511. SUPPORTIVE HOUSING FOR ELDERLY tions. (a) SHORT TITLE.—This title may be cited as PERSONS. the ‘‘Preserving Affordable Housing for Senior SEC. 522. GRANTS FOR CONVERSION OF ELDERLY Section 202 of the Housing Act of 1959 (12 HOUSING TO ASSISTED LIVING FA- Citizens and Families into the 21st Century U.S.C. 1701q) is amended by adding at the end CILITIES. Act’’. the following new subsection: Title II of the Housing Act of 1959 is amended (b) TABLE OF CONTENTS.—The table of con- ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— by inserting after section 202a (12 U.S.C. 1701q– tents for this title is as follows: There is authorized to be appropriated for pro- 1) the following new section: Sec. 501. Short title and table of contents. viding assistance under this section $710,000,000 ‘‘SEC. 202b. GRANTS FOR CONVERSION OF ELDER- Sec. 502. Regulations. for fiscal year 2000.’’. LY HOUSING TO ASSISTED LIVING Sec. 503. Effective date. SEC. 512. SUPPORTIVE HOUSING FOR PERSONS FACILITIES. Subtitle A—Authorization of Appropriations for WITH DISABILITIES. ‘‘(a) GRANT AUTHORITY.—The Secretary of Supportive Housing for the Elderly and Per- Section 811 of the Cranston-Gonzalez National Housing and Urban Development may make sons With Disabilities Affordable Housing Act (42 U.S.C. 8013) is grants in accordance with this section to owners of eligible projects described in subsection (b) for Sec. 511. Supportive housing for elderly per- amended— (1) by redesignating subsection (m) as sub- one or both of the following activities: sons. ‘‘(1) REPAIRS.—Substantial capital repairs to Sec. 512. Supportive housing for persons with section (n); and (2) by inserting after subsection (l) the fol- a project that are needed to rehabilitate, mod- disabilities. ernize, or retrofit aging structures, common Sec. 513. Service coordinators and congregate lowing new subsection: ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— areas, or individual dwelling units. services for elderly and disabled ‘‘(2) CONVERSION.—Activities designed to con- There is authorized to be appropriated for pro- housing. vert dwelling units in the eligible project to as- viding assistance under this section $201,000,000 Subtitle B—Expanding Housing Opportunities sisted living facilities for elderly persons. for fiscal year 2000.’’. for the Elderly and Persons With Disabilities ‘‘(b) ELIGIBLE PROJECTS.—An eligible project SEC. 513. SERVICE COORDINATORS AND CON- Sec. 521. Study of debt forgiveness for section described in this subsection is a multifamily GREGATE SERVICES FOR ELDERLY housing project that is— 202 loans. AND DISABLED HOUSING. Sec. 522. Grants for conversion of elderly hous- ‘‘(1)(A) described in subparagraph (B), (C), (a) AUTHORIZATION OF APPROPRIATIONS FOR (D), (E), (F), or (G) of section 683(2) of the ing to assisted living facilities. FEDERALLY ASSISTED HOUSING.—There is au- Sec. 523. Use of section 8 assistance for assisted Housing and Community Development Act of thorized to be appropriated to the Secretary of 1992 (42 U.S.C. 13641(2)), or (B) only to the ex- living facilities. Housing and Urban Development $50,000,000 for Sec. 524. Size limitation for projects for persons tent amounts of the Department of Agriculture fiscal year 2000 for the following purposes: are made available to the Secretary of Housing with disabilities. (1) GRANTS FOR SERVICE COORDINATORS FOR Sec. 525. Commission on Affordable Housing and Urban Development for such grants under CERTAIN FEDERALLY ASSISTED MULTIFAMILY this section for such projects, subject to a loan and Health Care Facility Needs in HOUSING.—For grants under section 676 of the the 21st Century. made or insured under section 515 of the Hous- Housing and Community Development Act of ing Act of 1949 (42 U.S.C. 1485); Subtitle C—Renewal of Expiring Rental Assist- 1992 (42 U.S.C. 13632) for providing service coor- ‘‘(2) owned by a private nonprofit organiza- ance Contracts and Protection of Residents dinators. tion (as such term is defined in section 202); and Sec. 531. Renewal of expiring contracts and en- (2) CONGREGATE SERVICES FOR FEDERALLY AS- ‘‘(3) designated primarily for occupancy by el- hanced vouchers for project resi- SISTED HOUSING.—For contracts under section derly persons. dents. 802 of the Cranston-Gonzalez National Afford- Notwithstanding any other provision of this Sec. 532. Section 236 assistance. able Housing Act (42 U.S.C. 8011) to provide subsection or this section, an unused or under- Sec. 533. Rehabilitation of assisted housing. congregate services programs for eligible resi- utilized commercial property may be considered Sec. 534. Technical assistance. dents of eligible housing projects under subpara- an eligible project under this subsection, except Sec. 535. Termination of section 8 contract and graphs (B) through (D) of subsection (k)(6) of that the Secretary may not provide grants under duration of renewal contract. such section. this section for more than 3 such properties. For Sec. 536. Eligibility of residents of flexible sub- (b) PUBLIC HOUSING.—There is authorized to any such projects, any reference under this sec- sidy projects for enhanced vouch- be appropriated to the Secretary of Housing and tion to dwelling units shall be considered to ers. Urban Development such sums as may be nec- refer to the premises of such properties. Sec. 537. Enhanced disposition authority. essary for fiscal year 2000 for grants for use only ‘‘(c) APPLICATIONS.—Applications for grants Sec. 538. Unified enhanced voucher authority. for activities described in paragraph (2) of sec- under this section shall be submitted to the Sec- tion 34(b) of the United States Housing Act of retary in accordance with such procedures as SEC. 502. REGULATIONS. 1937 (42 U.S.C. 1437z–6(b)(2)) for renewal of all the Secretary shall establish. Such applications The Secretary of Housing and Urban Develop- grants made in prior fiscal years for providing shall contain— ment shall issue any regulations to carry out service coordinators and congregate services for ‘‘(1) a description of the substantial capital this title and the amendments made by this title the elderly and disabled in public housing. repairs or the proposed conversion activities for that the Secretary determines may or will affect which a grant under this section is requested; Subtitle B—Expanding Housing Opportunities tenants of federally assisted housing only after ‘‘(2) the amount of the grant requested to com- for the Elderly and Persons With Disabilities notice and opportunity for public comment in plete the substantial capital repairs or conver- accordance with the procedure under section 553 SEC. 521. STUDY OF DEBT FORGIVENESS FOR sion activities; of title 5, United States Code, applicable to sub- SECTION 202 LOANS. ‘‘(3) a description of the resources that are ex- stantive rules (notwithstanding subsections (a) IN GENERAL.—The Secretary of Housing pected to be made available, if any, in conjunc- (a)(2), (b)(B), and (d)(3) of such section). Notice and Urban Development shall conduct an anal- tion with the grant under this section; and of such proposed rulemaking shall be provided ysis of the net impact on the Federal budget def- ‘‘(4) such other information or certifications by publication in the Federal Register. In icit or surplus of making available, on a one- that the Secretary determines to be necessary or issuing such regulations, the Secretary shall time basis, to sponsors of projects assisted under appropriate. take such actions as may be necessary to ensure section 202 of the Housing Act of 1959 (as in ef- ‘‘(d) FUNDING FOR SERVICES.—The Secretary that such tenants are notified of, and provided fect before the enactment of the Cranston-Gon- may not make a grant under this section for October 13, 1999 CONGRESSIONAL RECORD — HOUSE H9999 conversion activities unless the application con- ing unit that is an assisted living facility with (3) the per-unit costs of, and the benefits and tains sufficient evidence, in the determination of respect to which assistance payments are made problems associated with providing housing the Secretary, of firm commitments for the fund- shall include maintenance and management under section 202 of the Housing Act of 1959 (12 ing of services to be provided in the assisted liv- charges related to the dwelling unit and tenant- U.S.C. 1701q) in projects having 30 to 50 dwell- ing facility, which may be provided by third paid utilities. Such rent shall not include any ing units, in projects having more than 50 but parties. charges attributable to services relating to as- not more than 80 dwelling units, in projects hav- ‘‘(e) SELECTION CRITERIA.—The Secretary sisted living. ing more than 80 but not more than 120 dwelling shall select applications for grants under this ‘‘(ii) PAYMENT STANDARD.—In determining the units, and in projects having more than 120 section based upon selection criteria, which monthly assistance that may be paid under this dwelling units, but the study shall also examine shall be established by the Secretary and shall paragraph on behalf of any family residing in the social considerations afforded by smaller include— an assisted living facility, the public housing and moderate-size developments and shall not ‘‘(1) in the case of a grant for substantial cap- agency shall utilize the payment standard es- be limited to economic factors. ital repairs, the extent to which the project to be tablished under paragraph (1), for the market SEC. 525. COMMISSION ON AFFORDABLE HOUS- repaired is in need of such repair, including area in which the assisted living facility is lo- ING AND HEALTH CARE FACILITY such factors as the age of improvements to be re- cated, for the applicable size dwelling unit. NEEDS IN THE 21ST CENTURY. paired, and the impact on the health and safety ‘‘(iii) MONTHLY ASSISTANCE PAYMENT.—The (a) ESTABLISHMENT.—There is hereby estab- of residents of failure to make such repairs; monthly assistance payment for a family as- lished a commission to be known as the Commis- ‘‘(2) in the case of a grant for conversion ac- sisted under this paragraph shall be determined sion on Affordable Housing and Health Care tivities, the extent to which the conversion is in accordance with paragraph (2) (using the Facility Needs in the 21st Century (in this sec- likely to provide assisted living facilities that rent and payment standard for the dwelling tion referred to as the ‘‘Commission’’. are needed or are expected to be needed by the unit as determined in accordance with this sub- (b) STUDY.—The duty of the Commission shall categories of elderly persons that the assisted section). be to conduct a study that— (1) compiles and interprets information re- living facility is intended to serve, with a special ‘‘(C) DEFINITION.—For the purposes of this garding the expected increase in the population emphasis on very low-income elderly persons paragraph, the term ‘assisted living facility’ has of persons 62 years of age or older, particularly who need assistance with activities of daily liv- the meaning given that term in section 232(b) of information regarding distribution of income ing; the National Housing Act (12 U.S.C. 1715w(b)), levels, homeownership and home equity rates, ‘‘(3) the inability of the applicant to fund the except that such a facility may be contained and degree or extent of health and independ- repairs or conversion activities from existing fi- within a portion of a larger multifamily housing ence of living; nancial resources, as evidenced by the appli- project.’’. (2) provides an estimate of the future needs of cant’s financial records, including assets in the (b) PROJECT-BASED ASSISTANCE.—Section 202b seniors for affordable housing and assisted liv- applicant’s residual receipts account and re- of the Housing Act of 1959, as added by section ing and health care facilities; serves for replacement account; 522 of this Act, is amended— (1) by redesignating subsections (f) and (g) as (3) provides a comparison of estimate of such ‘‘(4) the extent to which the applicant has evi- future needs with an estimate of the housing denced community support for the repairs or subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the fol- and facilities expected to be provided under ex- conversion, by such indicators as letters of sup- lowing new subsection: isting public programs, and identifies possible port from the local community for the repairs or ‘‘(f) SECTION 8 PROJECT-BASED ASSISTANCE.— actions or initiatives that may assist in pro- conversion and financial contributions from ‘‘(1) ELIGIBILITY.—Notwithstanding any other viding affordable housing and assisted living public and private sources; provision of law, a multifamily project which in- and health care facilities to meet such expected ‘‘(5) in the case of a grant for conversion ac- cludes one or more dwelling units that have needs; tivities, the extent to which the applicant dem- been converted to assisted living facilities using (4) identifies and analyzes methods of encour- onstrates a strong commitment to promoting the grants made under this section shall be eligible aging increased private sector participation, in- autonomy and independence of the elderly per- for project-based assistance under section 8 of vestment, and capital formation in affordable sons that the assisted living facility is intended the United States Housing Act of 1937, in the housing and assisted living and health care fa- to serve; same manner in which the project would be eli- cilities for seniors through partnerships between ‘‘(6) in the case of a grant for conversion ac- gible for such assistance but for the assisted liv- public and private entities and other creative tivities, the quality, completeness, and manage- ing facilities in the project. strategies; rial capability of providing the services which ‘‘(2) CALCULATION OF RENT.—For assistance (5) analyzes the costs and benefits of com- the assisted living facility intends to provide to pursuant to this subsection, the maximum prehensive aging-in-place strategies, taking into elderly residents, especially in such areas as monthly rent of a dwelling unit that is an as- consideration physical and mental well-being meals, 24-hour staffing, and on-site health care; sisted living facility with respect to which as- and the importance of coordination between and sistance payments are made shall not include shelter and supportive services; ‘‘(7) such other criteria as the Secretary deter- charges attributable to services relating to as- (6) identifies and analyzes methods of pro- mines to be appropriate to ensure that funds sisted living.’’. moting a more comprehensive approach to deal- made available under this section are used effec- SEC. 524. SIZE LIMITATION FOR PROJECTS FOR ing with housing and supportive service issues tively. PERSONS WITH DISABILITIES. involved in aging and the multiple governmental ‘‘(f) DEFINITIONS.—For the purposes of this (a) LIMITATION.—Section 811 of the Cranston- agencies involved in such issues, including the section— Gonzalez National Affordable Housing Act (42 Department of Housing and Urban Development ‘‘(1) the term ‘assisted living facility’ has the U.S.C. 8013) is amended— and the Department of Health and Human Serv- meaning given such term in section 232(b) of the (1) in subsection (k)(4), by inserting ‘‘, subject ices; and National Housing Act (12 U.S.C. 1715w(b)); and to the limitation under subsection (h)(6)’’ after (7) examines how to establish ‘‘(2) the definitions in section 202(k) shall ‘‘prescribe’’; and intergenerational learning and care centers and apply. (2) in subsection (l), by adding at the end the living arrangements, in particular to facilitate ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— following new paragraph: appropriate environments for families consisting There is authorized to be appropriated for pro- ‘‘(4) SIZE LIMITATION.—Of any amounts made only of children and a grandparent or grand- viding grants under this section such sums as available for any fiscal year and used for cap- parents who are the head of the household. may be necessary for fiscal year 2000.’’. ital advances or project rental assistance under (c) MEMBERSHIP.— SEC. 523. USE OF SECTION 8 ASSISTANCE FOR AS- paragraphs (1) and (2) of subsection (d), not (1) NUMBER AND APPOINTMENT.—The Commis- SISTED LIVING FACILITIES. more than 25 percent may be used for supportive sion shall be composed of 14 members, appointed (a) VOUCHER ASSISTANCE.—Section 8(o) of the housing which contains more than 24 separate not later than January 1, 2000, as follows: United States Housing Act of 1937 (42 U.S.C. dwelling units.’’. (A) Two co-chairpersons, of whom— 1437f(o)) is amended by adding at the end the (b) STUDY.—Not later than the expiration of (i) one co-chairperson shall be appointed by a following new paragraph: the 3-month period beginning on the date of the committee consisting of the chairman of the ‘‘(18) RENTAL ASSISTANCE FOR ASSISTED LIVING enactment of this Act, the Secretary of Housing Subcommittee on Housing and Community Op- FACILITIES.— and Urban Development shall conduct a study portunities of the House of Representatives and ‘‘(A) IN GENERAL.—A public housing agency and submit a report to the Congress regarding— the chairman of the Subcommittee on Housing may make assistance payments on behalf of a (1) the extent to which the authority of the and Transportation of the Senate, and the family that uses an assisted living facility as a Secretary under section 811(k)(4) of the Cran- chairmen of the Subcommittees on the Depart- principal place of residence and that uses such ston-Gonzalez National Affordable Housing Act ments of Veterans Affairs and Housing and supportive services made available in the facility (42 U.S.C. 8013(k)(4)), as in effect immediately Urban Development, and Independent Agencies as the agency may require. Such payments may before the enactment of this Act, has been used of the Committees on Appropriations of the be made only for covering costs of rental of the in each year since 1990 to provide for assistance House of Representatives and the Senate; and dwelling unit in the assisted living facility and under such section for supportive housing for (ii) one co-chairperson shall be appointed by a not for covering any portion of the cost of resid- persons with disabilities having more than 24 committee consisting of the ranking minority ing in such facility that is attributable to service separate dwelling units; member of the Subcommittee on Housing and relating to assisted living. (2) the per-unit costs of, and the benefits and Community Opportunities of the House of Rep- ‘‘(B) RENT CALCULATION.— problems associated with, providing such hous- resentatives and the ranking minority member of ‘‘(i) CHARGES INCLUDED.—For assistance pur- ing in projects having 8 or less dwelling units, 8 the Subcommittee on Housing and Transpor- suant to this paragraph, the rent of the dwell- to 24 units, and more than 24 units; and tation of the Senate, and the ranking minority H10000 CONGRESSIONAL RECORD — HOUSE October 13, 1999

members of the Subcommittees on the Depart- (4) GIFTS, BEQUESTS, AND DEVISES.—The Com- mines that a violation under paragraph (1) ments of Veterans Affairs and Housing and mission may accept, use, and dispose of gifts, through (4) of section 516(a) has occurred with Urban Development, and Independent Agencies bequests, or devises of services or property, both respect to the project. For purposes of such a de- of the Committees on Appropriations of the real and personal, for the purpose of aiding or termination, the provisions of section 516 shall House of Representatives and the Senate. facilitating the work of the Commission. Gifts, apply to a project under this section in the same (B) Six members appointed by the Chairman bequests, or devises of money and proceeds from manner and to the same extent that the provi- and Ranking Minority Member of the Committee sales of other property received as gifts, be- sions of such section apply to eligible multi- on Banking and Financial Services of the House quests, or devises shall be deposited in the family housing projects, except that the Sec- of Representatives and the Chairman and Rank- Treasury and shall be available for disburse- retary shall make the determination under sec- ing Minority Member of the Committee on Ap- ment upon order of the Commission. tion 516(a)(4). propriations of the House of Representatives. (5) MAILS.—The Commission may use the ‘‘(3) CONTRACT TERM FOR MARK-UP-TO-MAR- (C) Six members appointed by the Chairman United States mails in the same manner and KET CONTRACTS.—In the case of an expiring or and Ranking Minority Member of the Committee under the same conditions as other departments terminating contract that has rent levels less on Banking, Housing, and Urban Affairs of the and agencies of the United States. than comparable market rents for the market Senate and the Chairman and Ranking Minor- (6) ADMINISTRATIVE SUPPORT SERVICES.—Upon area, if the rent levels under the renewal con- ity Member of the Committee on Appropriations the request of the Commission, the Adminis- tract under this section are equal to comparable of the Senate. trator of General Services shall provide to the market rents for the market area, the contract (2) QUALIFICATIONS.—Appointees should have Commission, on a reimbursable basis, the admin- shall have a term of not less than 5 years, sub- proven expertise in directing, assembling, or ap- istrative support services necessary for the Com- ject to the availability of sufficient amounts in plying capital resources from a variety of mission to carry out its responsibilities under appropriation Acts. sources to the successful development of afford- this section. ‘‘(4) RENEWAL RENTS.—Except as provided in able housing, assisted living facilities, or health (7) CONTRACT AUTHORITY.—The Commission subsection (b), the contract for assistance shall care facilities. may contract with and compensate government provide assistance at the following rent levels: (3) VACANCIES.—Any vacancy on the Commis- and private agencies or persons for services, ‘‘(A) MARKET RENTS.—At the request of the sion shall not affect its powers and shall be without regard to section 3709 of the Revised owner of the project, at rent levels equal to the filled in the manner in which the original ap- Statutes (41 U.S.C. 5). lesser of comparable market rents for the market pointment was made. (f) REPORT.—The Commission shall submit to area or 150 percent of the fair market rents, in (4) CHAIRPERSONS.—The members appointed the Committees on Banking and Financial Serv- the case only of a project that— pursuant to paragraph (1)(A) shall serve as co- ices and Appropriations of the House of Rep- ‘‘(i) has rent levels under the expiring or ter- chairpersons of the Commission. resentatives and the Committees on Banking, minating contract that do not exceed such com- (5) PROHIBITION OF PAY.—Members of the Housing, and Urban Affairs and Appropriations parable market rents; Commission shall serve without pay. of the Senate, a final report not later than De- ‘‘(ii) does not have a low- and moderate-in- (6) TRAVEL EXPENSES.—Each member of the cember 31, 2001. The report shall contain a de- come use restriction that can not be eliminated Commission shall receive travel expenses, in- tailed statement of the findings and conclusions by unilateral action by the owner; ‘‘(iii) is decent, safe, and sanitary housing, as cluding per diem in lieu of subsistence, in ac- of the Commission with respect to the study con- determined by the Secretary; cordance with sections 5702 and 5703 of title 5, ducted under subsection (b), together with its United States Code. ‘‘(iv) is not— recommendations for legislation, administrative ‘‘(I) owned by a nonprofit entity; (7) QUORUM.—A majority of the members of actions, and any other actions the Commission ‘‘(II) subject to a contract for moderate reha- the Commission shall constitute a quorum but a considers appropriate. bilitation assistance under section 8(e)(2) of the lesser number may hold hearings. (g) TERMINATION.—The Commission shall ter- United States Housing Act of 1937, as in effect (8) MEETINGS.—The Commission shall meet at minate on June 30, 2002. Section 14(a)(2)(B) of before October 1, 1991; or the call of the Chairpersons. the Federal Advisory Committee Act (5 U.S.C. ‘‘(III) a project for which the public housing (d) DIRECTOR AND STAFF.— App.; relating to the termination of advisory agency provided voucher assistance to one or (1) DIRECTOR.—The Commission shall have a committees) shall not apply to the Commission. more of the tenants after the owner has pro- Director who shall be appointed by the Chair- vided notice of termination of the contract cov- person. The Director shall be paid at a rate not Subtitle C—Renewal of Expiring Rental As- ering the tenant’s unit; and to exceed the rate of basic pay payable for level sistance Contracts and Protection of Resi- dents ‘‘(v) has units assisted under the contract for V of the Executive Schedule. which the comparable market rent exceeds 110 SEC. 531. RENEWAL OF EXPIRING CONTRACTS (2) STAFF.—The Commission may appoint per- percent of the fair market rent. sonnel as appropriate. The staff of the Commis- AND ENHANCED VOUCHERS FOR PROJECT RESIDENTS. The Secretary may adjust the percentages of sion shall be appointed subject to the provisions fair market rent (as specified in the matter pre- of title 5, United States Code, governing ap- (a) IN GENERAL.—Section 524 of the Multi- family Assisted Housing Reform and Afford- ceding clause (i) and in clause (v)), but only pointments in the competitive service, and shall upon a determination and written notification be paid in accordance with the provisions of ability Act of 1997 (42 U.S.C. 1437f note) is amended to read as follows: to the Congress within 10 days of making such chapter 51 and subchapter III of chapter 53 of determination, that such adjustment is nec- that title relating to classification and General ‘‘SEC. 524. RENEWAL OF EXPIRING PROJECT- essary to ensure that this subparagraph covers BASED SECTION 8 CONTRACTS. Schedule pay rates. projects with a high risk of nonrenewal of expir- ‘‘(a) IN GENERAL.— (3) EXPERTS AND CONSULTANTS.—The Commis- ing contracts for project-based assistance. ‘‘(1) RENEWAL.—Subject to paragraph (2), sion may procure temporary and intermittent ‘‘(B) REDUCTION TO MARKET RENTS.—In the services under section 3109(b) of title 5, United upon termination or expiration of a contract for case of a project that has rent levels under the States Code, but at rates for individuals not to project-based assistance under section 8 for a expiring or terminating contract that exceed exceed the daily equivalent of the maximum an- multifamily housing project (and notwith- comparable market rents for the market area, at nual rate of basic pay payable for the General standing section 8(v) of the United States Hous- rent levels equal to such comparable market Schedule. ing Act of 1937 for loan management assistance), rents. (4) STAFF OF FEDERAL AGENCIES.—Upon re- the Secretary shall, at the request of the owner ‘‘(C) RENTS NOT EXCEEDING MARKET RENTS.— quest of the Commission, the head of any Fed- of the project and to the extent sufficient In the case of a project that is not subject to eral department or agency may detail, on a re- amounts are made available in appropriation subparagraph (A) or (B), at rent levels that— imbursable basis, any of the personnel of that Acts, use amounts available for the renewal of ‘‘(i) are not less than the existing rents under department or agency to the Commission to as- assistance under section 8 of such Act to provide the terminated or expiring contract, as adjusted sist it in carrying out its duties under this Act. such assistance for the project. The assistance by an operating cost adjustment factor estab- (e) POWERS.— shall be provided under a contract having such lished by the Secretary (which shall not result (1) HEARINGS AND SESSIONS.—The Commission terms and conditions as the Secretary considers in a negative adjustment), if such adjusted rents may, for the purpose of carrying out this sec- appropriate, subject to the requirements of this do not exceed comparable market rents for the tion, hold hearings, sit and act at times and section. This section shall not require contract market area; and places, take testimony, and receive evidence as renewal for a project that is eligible under this ‘‘(ii) do not exceed comparable market rents the Commission considers appropriate. subtitle for a mortgage restructuring and rental for the market area. (2) POWERS OF MEMBERS AND AGENTS.—Any assistance sufficiency plan, if there is no ap- In determining the rent level for a contract member or agent of the Commission may, if au- proved plan for the project and the Secretary under this subparagraph, the Secretary shall thorized by the Commission, take any action determines that such an approved plan is nec- approve rents sufficient to cover budget-based which the Commission is authorized to take by essary. cost increases and shall give greater consider- this section. ‘‘(2) PROHIBITION ON RENEWAL.—Notwith- ation to providing rent at a level up to com- (3) OBTAINING OFFICIAL DATA.—The Commis- standing part 24 of title 24 of the Code of Fed- parable market rents for the market area based sion may secure directly from any department or eral Regulations, the Secretary may elect not to on the number of the criteria under clauses (i) agency of the United States information nec- renew assistance for a project otherwise re- through (iii) of subparagraph (D) that the essary to enable it to carry out this Act. Upon quired to be renewed under paragraph (1) or project meets. request of the Chairpersons of the Commission, provide comparable benefits under paragraph ‘‘(D) WAIVER OF 150 PERCENT LIMITATION.— the head of that department or agency shall fur- (1) or (2) of subsection (e) for a project described Notwithstanding subparagraph (A), at rent lev- nish that information to the Commission. in either such paragraph, if the Secretary deter- els up to comparable market rents for the market October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10001 area, in the case of a project that meets the re- Secretary (which shall not result in a negative Urban Development, and Independent Agencies quirements under clauses (i) through (v) of sub- adjustment) or, upon the request of the owner Appropriations Act, 1997 (Public Law 104–204; paragraph (A) and— and subject to approval of the Secretary, on a 110 Stat. 2884) or any other subsequently en- ‘‘(i) has residents who are a particularly vul- budget basis. In the case of projects with con- acted provision of law, in lieu of any benefits nerable population, as demonstrated by a high tracts renewed pursuant to subsection (a) or under section 223 of the Low-Income Housing percentage of units being rented to elderly fami- pursuant to subsection (e)(2) at rent levels equal Preservation and Resident Homeownership Act lies, disabled families, or large families; to comparable market rents for the market area, of 1990 (12 U.S.C. 4113). ‘‘(ii) is located in an area in which tenant- at the expiration of each 5-year period, the Sec- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— based assistance would be difficult to use, as retary shall compare existing rents with com- There are authorized to be appropriated for demonstrated by a low vacancy rate for afford- parable market rents for the market area and each of fiscal years 2000, 2001, 2002, 2003, and able housing, a high turnback rate for vouchers, may make any adjustments in the rent nec- 2004 such sums as may be necessary for en- or a lack of comparable rental housing; or essary to maintain the contract rents at a level hanced voucher assistance under this sub- ‘‘(iii) is a high priority for the local commu- not greater than comparable market rents or to section. nity, as demonstrated by a contribution of State increase rents to comparable market rents. ‘‘(e) CONTRACTUAL COMMITMENTS UNDER or local funds to the property. ‘‘(2) DISCRETIONARY.—In addition to review PRESERVATION LAWS.—Except as provided in In determining the rent level for a contract and adjustment required under paragraph (1), subsection (a)(2) and notwithstanding any other under this subparagraph, the Secretary shall in the case of projects with contracts renewed provision of this subtitle, the following shall approve rents sufficient to cover budget-based pursuant to subsection (a) or pursuant to sub- apply: cost increases and shall give greater consider- section (e)(2) at rent levels equal to comparable ‘‘(1) PRESERVATION PROJECTS.—Upon expira- ation to providing rent at a level up to com- market rents for the market area, the Secretary tion of a contract for assistance under section 8 parable market rents for the market area based may, at the discretion of the Secretary but only for a project that is subject to an approved plan on the number of the criteria under clauses (i) once within each 5-year period referred to in of action under the Emergency Low Income through (iv) that the project meets. paragraph (1), conduct a comparison of rents Housing Preservation Act of 1987 (12 U.S.C. ‘‘(5) COMPARABLE MARKET RENTS AND COM- for a project and adjust the rents accordingly to 1715l note) or the Low-Income Housing Preser- PARISON WITH FAIR MARKET RENTS.—The Sec- maintain the contract rents at a level not great- vation and Resident Homeownership Act of 1990 retary shall prescribe the method for deter- er than comparable market rents or to increase (12 U.S.C. 4101 et seq.), to the extent amounts mining comparable market rent by comparison rents to comparable market rents. are specifically made available in appropriation with rents charged for comparable properties (as ‘‘(d) ENHANCED VOUCHERS UPON CONTRACT Acts, the Secretary shall provide to the owner such term is defined in section 512), which may EXPIRATION.— benefits comparable to those provided under include appropriate adjustments for utility al- ‘‘(1) IN GENERAL.—In the case of a contract such plan of action, including distributions, lowances and adjustments to reflect the value of for project-based assistance under section 8 for rent increase procedures, and duration of low- any subsidy (other than section 8 assistance) a covered project that is not renewed under sub- income affordability restrictions. This para- provided by the Department of Housing and section (a) or (b) of this section (or any other graph shall apply to projects with contracts ex- Urban Development. authority), to the extent that amounts for as- piring before, on, or after the date of the enact- ‘‘(b) EXCEPTION RENTS.— sistance under this subsection are provided in ment of this section. ‘‘(1) RENEWAL.—In the case of a multifamily advance in appropriation Acts, upon the date of ‘‘(2) DEMONSTRATION PROJECTS.— housing project described in paragraph (2), pur- the expiration of such contract the Secretary ‘‘(A) IN GENERAL.—Upon expiration of a con- suant to the request of the owner of the project, shall make enhanced voucher assistance under tract for assistance under section 8 for a project the contract for assistance for the project pursu- section 8(t) of the United States Housing Act of entered into pursuant to any authority specified ant to subsection (a) shall provide assistance at 1937 (42 U.S.C. 1437f(t)) available on behalf of in subparagraph (B) for which the Secretary de- the lesser of the following rent levels: each low-income family who, upon the date of termines that debt restructuring is inappro- ‘‘(A) ADJUSTED EXISTING RENTS.—The existing such expiration, is residing in an assisted dwell- priate, the Secretary shall, at the request of the rents under the expiring contract, as adjusted ing unit in the covered project. owner of the project and to the extent sufficient by an operating cost adjustment factor estab- ‘‘(2) DEFINITIONS.—For purposes of this sub- amounts are made available in appropriation lished by the Secretary (which shall not result section, the following definitions shall apply: Acts, provide benefits to the owner comparable in a negative adjustment). ‘‘(A) ASSISTED DWELLING UNIT.—The term ‘as- to those provided under such contract, includ- ‘‘(B) BUDGET-BASED RENTS.—Subject to a de- sisted dwelling unit’ means a dwelling unit ing annual distributions, rent increase proce- termination by the Secretary that a rent level that— dures, and duration of low-income affordability under this subparagraph is appropriate for a ‘‘(i) is in a covered project; and restrictions. This paragraph shall apply to project, a rent level that provides income suffi- ‘‘(ii) is covered by rental assistance provided projects with contracts expiring before, on, or cient to support a budget-based rent (including under the contract for project-based assistance after the date of the enactment of this section. a budget-based rent adjustment if justified by for the covered project. ‘‘(B) DEMONSTRATION PROGRAMS.—The au- reasonable and expected operating expenses). ‘‘(B) COVERED PROJECT.—The term ‘covered thority specified in this subparagraph is the au- ‘‘(2) PROJECTS COVERED.—A multifamily hous- project’ means any housing that— thority under— ing project described in this paragraph is a mul- ‘‘(i) consists of more than 4 dwelling units; tifamily housing project that— ‘‘(ii) is covered in whole or in part by a con- ‘‘(i) section 210 of the Departments of Vet- ‘‘(A) is not an eligible multifamily housing tract for project-based assistance under— erans Affairs and Housing and Urban Develop- project under section 512(2); or ‘‘(I) the new construction or substantial reha- ment, and Independent Agencies Appropriations ‘‘(B) is exempt from mortgage restructuring bilitation program under section 8(b)(2) of the Act, 1996 (Public Law 104-134; 110 Stat. 1321–285; under this subtitle pursuant to section 514(h). United States Housing Act of 1937 (as in effect 42 U.S.C. 1437f note); ‘‘(3) MODERATE REHABILITATION PROJECTS.— before October 1, 1983); ‘‘(ii) section 212 of the Departments of Vet- In the case of a project with a contract under ‘‘(II) the property disposition program under erans Affairs and Housing and Urban Develop- the moderate rehabilitation program, other than section 8(b) of the United States Housing Act of ment, and Independent Agencies Appropriations a moderate rehabilitation contract under section 1937; Act, 1997 (Public Law 104–204; 110 Stat. 2897; 42 441 of the Stewart B. McKinney Homeless As- ‘‘(III) the moderate rehabilitation program U.S.C. 1437f note); and sistance Act, pursuant to the request of the under section 8(e)(2) of the United States Hous- ‘‘(iii) either of such sections, pursuant to any owner of the project, the contract for assistance ing Act of 1937 (as in effect before October 1, provision of this title. for the project pursuant to subsection (a) shall 1991); ‘‘(f) PREEMPTION OF CONFLICTING STATE LAWS provide assistance at the lesser of the following ‘‘(IV) the loan management assistance pro- LIMITING DISTRIBUTIONS.— rent levels: gram under section 8 of the United States Hous- ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(A) ADJUSTED EXISTING RENTS.—The existing ing Act of 1937; graph (2), no State or political subdivision of a rents under the expiring contract, as adjusted ‘‘(V) section 23 of the United States Housing State may establish, continue in effect, or en- by an operating cost adjustment factor estab- Act of 1937 (as in effect before January 1, 1975); force any law or regulation that limits or re- lished by the Secretary (which shall not result ‘‘(VI) the rent supplement program under sec- stricts, to an amount that is less than the in a negative adjustment). tion 101 of the Housing and Urban Development amount provided for under the regulations of ‘‘(B) FAIR MARKET RENTS.—Fair market rents Act of 1965; or the Secretary establishing allowable project dis- (less any amounts allowed for tenant-purchased ‘‘(VII) section 8 of the United States Housing tributions to provide a return on investment, the utilities). Act of 1937, following conversion from assistance amount of surplus funds accruing after the date ‘‘(C) MARKET RENTS.—Comparable market under section 101 of the Housing and Urban De- of the enactment of this section that may be dis- rents for the market area. velopment Act of 1965, tributed from any multifamily housing project ‘‘(c) RENT ADJUSTMENTS AFTER RENEWAL OF which contract will (under its own terms) expire assisted under a contract for rental assistance CONTRACT.— during the period consisting of fiscal years 2000 renewed under any provision of this section (ex- ‘‘(1) REQUIRED.—After the initial renewal of a through 2004; and cept subsection (b)) to the owner of the project. contract for assistance under section 8 of the ‘‘(iii) is not housing for which residents are el- ‘‘(2) EXCEPTION AND WAIVER.—Paragraph (1) United States Housing Act of 1937 pursuant to igible for enhanced voucher assistance as pro- shall not apply to any law or regulation to the subsection (a), (b)(1), or (e)(2), the Secretary vided, pursuant to the ‘Preserving Existing extent such law or regulation applies to— shall annually adjust the rents using an oper- Housing Investment’ account in the Depart- ‘‘(A) a State-financed multifamily housing ating cost adjustment factor established by the ments of Veterans Affairs and Housing and project; or H10002 CONGRESSIONAL RECORD — HOUSE October 13, 1999 ‘‘(B) a multifamily housing project for which dition and that the owner has not engaged in ‘‘(II) the project owner agrees to restrictions the owner has elected to waive the applicability material adverse financial or managerial actions on project use or mortgage prepayment that are of paragraph (1). or omissions as described in section 516 of the acceptable to the Secretary. ‘‘(3) TREATMENT OF LOW-INCOME USE RESTRIC- Multifamily Assisted Housing Reform and Af- ‘‘(v) The Secretary may approve a basic rental TIONS.—This subsection may not be construed to fordability Act of 1997. In connection with the charge and fair market rental charge under this provide for, allow, or result in the release or ter- retention of funds for non-project use, the Sec- paragraph for a unit with assistance under sec- mination, for any project, of any low- or mod- retary may require the project owner to enter tion 8 of the United States Housing Act of 1937 erate-income use restrictions that can not be into a binding commitment (which shall be ap- (42 U.S.C. 1437f) that differs from the basic rent- eliminated by unilateral action of the owner of plicable to any subsequent owner) to ensure al charge and fair market rental charge for a the project. that the owner will continue to operate the unit in the same project that is similar in size ‘‘(g) APPLICABILITY.—Except to the extent project in accordance with all low-income af- and amenities but without such assistance, as otherwise specifically provided in this section, fordability restrictions for the project in connec- needed to ensure equitable treatment of tenants this section shall apply with respect to any mul- tion with the Federal assistance for the project in units without such assistance. tifamily housing project having a contract for for a period having a duration of not less than ‘‘(B)(i) The rental charge for each dwelling project-based assistance under section 8 that the term of the existing affordability restrictions unit shall be at the basic rental charge or such terminates or expires during fiscal year 2000 or plus an additional 5 years. greater amount, not exceeding the fair market thereafter.’’. ‘‘(3) The authority under paragraph (2) to re- rental charge determined pursuant to subpara- graph (A), as represents 30 percent of the ten- (b) DEFINITION OF ELIGIBLE MULTIFAMILY tain and use excess charges shall apply— ant’s adjusted income, except as otherwise pro- HOUSING PROJECT.—Section 512(2) of the Multi- ‘‘(A) during fiscal year 2000, to all project family Assisted Housing Reform and Afford- owners collecting such excess charges; and vided in this subparagraph. ‘‘(ii) In the case of a project which contains ability Act of 1997 (42 U.S.C. 1437f note) is ‘‘(B) during fiscal year 2001 and thereafter— ‘‘(i) to any owner of (I) a project with a mort- more than 5000 units, is subject to an interest re- amended by inserting after and below subpara- gage insured under this section, (II) a project duction payments contract, and is financed graph (C) the following: with a mortgage formerly insured under this under a State or local project, the Secretary may ‘‘Such term does not include any project with section if such mortgage is held by the Secretary reduce the rental charge ceiling, but in no case an expiring contract described in paragraph (1) and the owner of such project is current with re- shall the rental charge be below the basic rental or (2) of section 524(e).’’. spect to the mortgage obligation, or (III) a charge set forth in subparagraph (A)(ii)(I). (c) PROJECTS EXEMPTED FROM RESTRUC- project previously assisted under subsection (b) ‘‘(iii) For plans of action approved for capital TURING AGREEMENTS.—Section 514(h) of the but without a mortgage insured under this sec- grants under the Low-Income Housing Preserva- Multifamily Assisted Housing Reform and Af- tion if the project was insured under section 207 tion and Resident Homeownership Act of 1990 or fordability Act of 1997 (42 U.S.C. 1437f note) is of this Act before July 30, 1998, pursuant to sec- the Emergency Low Income Housing Preserva- amended by inserting before the semicolon at tion 223(f) of this Act and assisted under sub- tion Act of 1987, the rental charge for each the end the following: ‘‘and the financing in- section (b); and dwelling unit shall be at the minimum basic volves mortgage insurance under the National ‘‘(ii) to other project owners not referred to in rental charge set forth in subparagraph Housing Act, such that the implementation of a clause (i) who collect such excess charges, but (A)(ii)(I) or such greater amount, not exceeding mortgage restructuring and rental assistance only to the extent that such retention and use the lower of (I) the fair market rental charge set sufficiency plan under this subtitle is in conflict is approved in advance in an appropriation forth in subparagraph (A)(iii)(I), or (II) the ac- with applicable law or agreements governing Act.’’. tual rent paid for a comparable unit in com- such financing’’. (c) PREVIOUSLY OWED EXCESS INCOME.—Sec- parable unassisted housing in the market area (d) CONFORMING AMENDMENTS.—Section 8 of tion 236(g) of the National Housing Act (12 in which the housing assisted under this section the United States Housing Act of 1937 (42 U.S.C. U.S.C. 1715z–1(g)), as amended by subsection (b) is located, as represents 30 percent of the ten- 1437f) is amended— of this section, is further amended by adding at ant’s adjusted income. (1) by designating as subsection (v) the sen- the end the following new paragraph: ‘‘(C) With respect to those projects which the tence added by section 405(c) of The Balanced ‘‘(4) The Secretary shall not withhold ap- Secretary determines have separate utility me- Budget Downpayment Act, I (Public Law 104– proval of the retention by the owner of such ex- tering paid by the tenants for some or all dwell- 99; 110 Stat. 44); and cess charges because of the existence of unpaid ing units, the Secretary may— (2) by striking subsection (w). excess charges if such unpaid amount is being ‘‘(i) permit the basic rental charge and the SEC. 532. SECTION 236 ASSISTANCE. remitted to the Secretary over a period of time in fair market rental charge to be determined on the basis of operating the project without the (a) CONTINUED RECEIPT OF SUBSIDIES UPON accordance with a workout agreement with the payment of the cost of utility services used by REFINANCING.—Section 236(e) of the National Secretary, unless the Secretary determines that Housing Act (12 U.S.C. 1715z–1(e)) is amended— the owner is in violation of the workout agree- such dwelling units; and ‘‘(ii) permit the charging of a rental for such (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and ment.’’. dwelling units at such an amount less than 30 (2) by adding at the end the following new (d) FLEXIBILITY REGARDING BASIC RENTS AND percent of a tenant’s adjusted income as the paragraph: MARKET RENTS.—Section 236(f) of the National Secretary determines represents a proportionate ‘‘(2) A project for which interest reduction Housing Act (12 U.S.C. 1715z–1(f)(1)) is amended decrease for the utility charges to be paid by payments are made under this section and for by striking the subsection designation and all such tenant, but in no case shall rental be lower which the mortgage on the project has been refi- that follows through the end of paragraph (1) than 25 percent of a tenant’s adjusted income.’’. nanced shall continue to receive the interest re- and inserting the following: (e) EFFECTIVE DATE OF 1998 PROVISIONS.—Sec- duction payments under this section under the ‘‘(f)(1)(A)(i) For each dwelling unit there shall be established, with the approval of the Sec- tion 236(g) of the National Housing Act (12 terms of the contract for such payments, but U.S.C. 1715z–1(g)), as amended by section 227 of only if the project owner enters into such bind- retary, a basic rental charge and fair market rental charge. the Departments of Veterans Affairs and Hous- ing commitments as the Secretary may require ing and Urban Development, and Independent (which shall be applicable to any subsequent ‘‘(ii) The basic rental charge shall be— ‘‘(I) the amount needed to operate the project Agencies Appropriations Act, 1999 (Public Law owner) to ensure that the owner will continue to 105–276; 112 Stat. 2490) shall be effective on the operate the project in accordance with all low- with payments of principal and interest due under a mortgage bearing interest at the rate of date of the enactment of such Public Law 105– income affordability restrictions for the project 276, and any excess rental charges referred to in in connection with the Federal assistance for 1 percent per annum; or ‘‘(II) an amount greater than that determined such section that have been collected since such the project for a period having a duration that under clause (ii)(I), but not greater than the date of the enactment with respect to projects is not less than the term for which such interest market rent for a comparable unassisted unit, with mortgages insured under section 207 of the reduction payments are made plus an additional reduced by the value of the interest reduction National Housing Act (12 U.S.C. 1713) may be 5 years.’’. payments subsidy. retained by the project owner unless the Sec- (b) RETENTION OF EXCESS INCOME.—Section ‘‘(iii) The fair market rental charge shall be— retary of Housing and Urban Development spe- 236(g) of the National Housing Act (12 U.S.C. ‘‘(I) the amount needed to operate the project cifically provides otherwise. The Secretary may 1715z–1(g)) is amended— with payments of principal, interest, and mort- return any excess charges remitted to the Sec- (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; gage insurance premium which the mortgagor is retary since such date of the enactment. (2) by striking the last sentence; and obligated to pay under the mortgage covering (f) EFFECTIVE DATE.—This section shall take (3) by adding at the end the following new the project; or effect, and the amendments made by this section paragraphs: ‘‘(II) an amount greater than that determined are made and shall apply, on the date of the en- ‘‘(2) Subject to paragraph (3) and notwith- under clause (iii)(I), but not greater than the actment of this Act. standing any other requirements of this sub- market rent for a comparable unassisted unit. SEC. 533. REHABILITATION OF ASSISTED HOUS- section, a project owner may retain some or all ‘‘(iv) The Secretary may approve a basic rent- ING. of such excess charges for project use if author- al charge and fair market rental charge for a (a) REHABILITATION LOANS FROM RECAPTURED ized by the Secretary. Such excess charges shall unit that exceeds the minimum amounts per- IRP AMOUNTS.—Section 236(s) of the National be used for the project and upon terms and con- mitted by this subparagraph for such charges Housing Act (12 U.S.C. 1715z–1(s)) is amended— ditions established by the Secretary, unless the only if— (1) by striking the subsection designation and Secretary permits the owner to retain funds for ‘‘(I) the approved basic rental charge and fair heading and inserting the following: non-project use after a determination that the market rental charges each exceed the applica- ‘‘(s) GRANTS AND LOANS FOR REHABILITATION project is well-maintained housing in good con- ble minimum charge by the same amount; and OF MULTIFAMILY PROJECTS.—’’; October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10003 (2) in paragraph (1), by inserting ‘‘and loans’’ (which shall be applicable to any subsequent SEC. 537. ENHANCED DISPOSITION AUTHORITY. after ‘‘grants’’; owner) to ensure that the owner will continue to Section 204 of the Departments of Veterans (3) in paragraph (2)— operate the project in accordance with all low- Affairs and Housing and Urban Development, (A) in the matter preceding subparagraph (A), income affordability restrictions for the project and Independent Agencies Appropriations Act, by striking ‘‘capital grant assistance under this in connection with the Federal assistance for 1997 (12 U.S.C. 1715z–11a) is amended— subsection’’ and inserting ‘‘capital assistance the project for a period having a duration that (1) by striking ‘‘and 1999’’ and inserting under this subsection under a grant or loan is not less than the period referred to in para- ‘‘1999, and 2000’’; and only’’; and graph (5)(C);’’; and (2) by striking ‘‘or demolition’’ and inserting (B) in subparagraph (D)(i), by striking ‘‘cap- (2) in paragraph (4)(B), by inserting ‘‘and ‘‘, demolition, or construction on the properties ital grant assistance’’ and inserting ‘‘capital as- consistent with paragraph (2)(C)’’ before the pe- (which shall be eligible whether vacant or occu- sistance under this subsection from a grant or riod at the end. pied)’’. loan (as appropriate)’’; SEC. 534. TECHNICAL ASSISTANCE. SEC. 538. UNIFIED ENHANCED VOUCHER AU- (4) in paragraph (3), by striking all of the Section 514(f)(3) of the Multifamily Assisted THORITY. matter that precedes subparagraph (A) and in- Housing Reform and Affordability Act of 1997 (a) IN GENERAL.—Section 8 of the United serting the following: (42 U.S.C. 1437f note) is amended by inserting States Housing Act of 1937 (42 U.S.C. 1437f) is ‘‘(3) ELIGIBLE USES.—Amounts from a grant or loan under this subsection may be used only for after ‘‘new owners)’’ the following: ‘‘, for tech- amended by inserting after subsection (s) the projects eligible under paragraph (2) for the nical assistance for preservation of low-income following new subsection: purposes of—’’; housing for which project-based rental assist- ‘‘(t) ENHANCED VOUCHERS.— (5) in paragraph (4)— ance is provided at below market rent levels and ‘‘(1) IN GENERAL.—Enhanced voucher assist- (A) by striking the paragraph heading and in- may not be renewed (including transfer of devel- ance under this subsection for a family shall be serting ‘‘GRANT AND LOAN AGREEMENTS’’; and opments to tenant groups, nonprofit organiza- voucher assistance under subsection (o), except (B) by inserting ‘‘or loan’’ after ‘‘grant’’, each tions, and public entities),’’. that under such enhanced voucher assistance— place it appears; SEC. 535. TERMINATION OF SECTION 8 CONTRACT ‘‘(A) subject only to subparagraph (D), the as- (6) in paragraph (5), by inserting ‘‘or loan’’ AND DURATION OF RENEWAL CON- sisted family shall pay as rent no less than the after ‘‘grant’’, each place it appears; TRACT. amount the family was paying on the date of (7) in paragraph (6), by adding at the end the Section 8(c)(8) of the United States Housing the eligibility event for the project in which the following new subparagraph: Act of 1937 (42 U.S.C. 1437f(c)(8)) is amended— family was residing on such date; ‘‘(D) LOANS.—In making loans under this sub- (1) in subparagraph (A)— ‘‘(B) during any period that the assisted fam- section using the amounts that the Secretary (A) by striking ‘‘terminating’’ and inserting ily continues residing in the same project in has recaptured from contracts for interest reduc- ‘‘termination of’’; and which the family was residing on the date of the tion payments pursuant to clause (i) or (ii) of (B) by striking the third comma of the first eligibility event for the project, if the rent for paragraph (7)(A)— sentence and all that follows through the end of the dwelling unit of the family in such project ‘‘(i) the Secretary may use such recaptured the subparagraph and inserting the following: exceeds the applicable payment standard estab- amounts for costs (as such term is defined in ‘‘. The notice shall also include a statement lished pursuant to subsection (o) for the unit, section 502 of the Congressional Budget Act of that, if the Congress makes funds available, the the amount of rental assistance provided on be- 1974) of such loans; and owner and the Secretary may agree to a renewal half of the family shall be determined using a ‘‘(ii) the Secretary may make loans in any fis- of the contract, thus avoiding termination, and payment standard that is equal to the rent for cal year only to the extent or in such amounts that in the event of termination the Department the dwelling unit (as such rent may be increased that amounts are used under clause (i) to cover of Housing and Urban Development will provide from time to time), subject to paragraph (10)(A) costs of such loans.’’; tenant-based rental assistance to all eligible of subsection (o); (8) by redesignating paragraphs (5) and (6) (as residents, enabling them to choose the place ‘‘(C) subparagraph (B) of this paragraph shall amended by the preceding provisions of this sub- they wish to rent, which is likely to include the not apply and the payment standard for the section) as paragraphs (6) and (7); and dwelling unit in which they currently reside. dwelling unit occupied by the family shall be de- (9) by inserting after paragraph (4) the fol- Any contract covered by this paragraph that is termined in accordance with subsection (o) if— lowing new paragraph: renewed may be renewed for a period of up to ‘‘(i) the assisted family moves, at any time, ‘‘(5) LOAN TERMS.—A loan under this one year or any number or years, with payments from such project; or subsection— subject to the availability of appropriations for ‘‘(ii) the voucher is made available for use by ‘‘(A) shall provide amounts for the eligible any year.’’; any family other than the original family on be- uses under paragraph (3) in a single loan dis- (2) by striking subparagraph (B); half of whom the voucher was provided; and bursement of loan principal; (3) in subparagraph (C)— ‘‘(D) if the income of the assisted family de- ‘‘(B) shall be repaid, as to principal and inter- (A) by striking the first sentence; clines to a significant extent, the percentage of est, on behalf of the borrower using amounts re- (B) by striking ‘‘in the immediately preceding income paid by the family for rent shall not ex- captured from contracts for interest reduction sentence’’; ceed the greater of 30 percent or the percentage payments pursuant to clause (i) or (ii) of para- (C) by striking ‘‘180-day’’ each place it ap- of income paid at the time of the eligibility event graph (7)(A); ‘‘(C) shall have a term to maturity of a dura- pears; for the project. LIGIBILITY EVENT.—For purposes of this tion not shorter than the remaining period for (D) by striking ‘‘such period’’ and inserting ‘‘(2) E subsection, the term ‘eligibility event’ means, which the interest reduction payments for the ‘‘one year’’; and with respect to a multifamily housing project, insured mortgage or mortgages that fund repay- (E) by striking ‘‘180 days’’ and inserting ‘‘one the prepayment of the mortgage on such hous- ment of the loan would have continued after ex- year’’; and ing project, the voluntary termination of the in- tinguishment or writedown of the mortgage (in (4) by redesignating subparagraphs (C), (D), surance contract for the mortgage for such accordance with the terms of such mortgage in and (E), as amended by the preceding provisions housing project, the termination or expiration of effect immediately before such extinguishment of this subsection, as subparagraphs (B), (C), the contract for rental assistance under section or writedown); and (D), respectively. ‘‘(D) shall bear interest at a rate, as deter- SEC. 536. ELIGIBILITY OF RESIDENTS OF FLEXI- 8 of the United States Housing Act of 1937 for mined by the Secretary of the Treasury, that is BLE SUBSIDY PROJECTS FOR EN- such housing project, or the transaction under based upon the current market yields on out- HANCED VOUCHERS. which the project is preserved as affordable standing marketable obligations of the United Section 201 of the Housing and Community housing, that, under paragraphs (3) and (4) of States having comparable maturities; and Development Amendments of 1978 (12 U.S.C. section 515(c), section 524(d) of the Multifamily ‘‘(E) shall involve a principal obligation of an 1715z–1a) is amended by adding at the end the Assisted Housing Reform and Affordability Act amount not exceeding the amount that can be following new subsection: of 1997 (42 U.S.C. 1437f note), section 223(f) of repaid using amounts described in subpara- ‘‘(p) ENHANCED VOUCHER ELIGIBILITY.—Not- the Low-Income Housing Preservation and Resi- graph (B) over the term determined in accord- withstanding any other provision of law, any dent Homeownership Act of 1990 (12 U.S.C. ance with subparagraph (C), with interest at project that receives or has received assistance 4113(f)), or section 201(p) of the Housing and the rate determined under subparagraph (D).’’. under this section and which is the subject of a Community Development Amendments of 1978 (b) IRP CAPITAL GRANTS REQUIREMENT FOR transaction under which the project is preserved (12 U.S.C. 1715z–1a(p)), results in tenants in EXTENSION OF LOW-INCOME AFFORDABILITY RE- as affordable housing, as determined by the Sec- such housing project being eligible for enhanced QUIREMENTS.—Section 236(s) of the National retary, shall be considered eligible low-income voucher assistance under this subsection. Housing Act (12 U.S.C. 1715z–1(s)) is amended— housing under section 229 of the Low-Income ‘‘(3) TREATMENT OF ENHANCED VOUCHERS PRO- (1) in paragraph (2)— Housing Preservation and Resident Homeowner- VIDED UNDER OTHER AUTHORITY.— (A) by redesignating subparagraphs (C) and ship Act of 1990 (12 U.S.C. 4119) for purposes of ‘‘(A) IN GENERAL.—Notwithstanding any other (D), as amended by the preceding provisions of eligibility of residents of such project for en- provision of law, any enhanced voucher assist- this section, as subparagraphs (D) and (E), re- hanced voucher assistance provided under sec- ance provided under any authority specified in spectively; and tion 8(t) of the United States Housing Act of subparagraph (B) shall (regardless of the date (B) by inserting after subparagraph (B) the 1937 (42 U.S.C. 1437f(t)) (pursuant to section that the amounts for providing such assistance following new subparagraph: 223(f) of the Low-Income Housing Preservation were made available) be treated, and subject to ‘‘(C) the project owner enters into such bind- and Resident Homeownership Act of 1990 (12 the same requirements, as enhanced voucher as- ing commitments as the Secretary may require U.S.C. 4113(f))).’’. sistance under this subsection. H10004 CONGRESSIONAL RECORD — HOUSE October 13, 1999

‘‘(B) IDENTIFICATION OF OTHER AUTHORITY.— BUD CRAMER, clude improved procurement practices, con- The authority specified in this subparagraph is DAVID OBEY solidating certain services, and eliminating the authority under— (except for delayed excess management layers and administra- ‘‘(i) the 10th, 11th, and 12th provisos under funding gimmick), tion. The conferees expect VA to continue the ‘Preserving Existing Housing Investment’ Managers on Part of the House. implementing reforms and improvements to account in title II of the Departments of Vet- the way it allocates its resources, ensuring C.S. BOND, erans Affairs and Housing and Urban Develop- that funds are focused on veterans health, CONRAD BURNS, ment, and Independent Agencies Appropriations not maintaining buildings and the status RICHARD SHELBY, Act, 1997 (Public Law 104–204; 110 Stat. 2884), quo. The additional funds in VA’s budget are LARRY E. CRAIG, pursuant to such provisos, the first proviso for improving the quality of and access to KAY BAILEY HUTCHISON, under the ‘Housing Certificate Fund’ account in veterans health care, accommodating uncon- TED STEVENS, title II of the Departments of Veterans Affairs trollable increased costs associated with BARBARA MIKULSKI, and Housing and Urban Development, and pharmaceuticals and prosthetics, enhancing PATRICK LEAHY, Independent Agencies Appropriations Act, 1998 care for homeless veterans, expanding alter- FRANK R. LAUTENBERG, (Public Law 105–65; 111 Stat. 1351), or the first natives to institutional long-term care, and TOM HARKIN, proviso under the ‘Housing Certificate Fund’ accommodating some new requirements ROBERT C. BYRD, account in title II of the Departments of Vet- upon enactment of authorizing legislation. DANIEL INOUYE, erans Affairs and Housing and Urban Develop- The conferees direct that VA submit as part Managers on Part of the Senate. ment, and Independent Agencies Appropriations of its operating plan a detailed description of Act, 1999 (Public Law 105–276; 112 Stat. 2469); JOINT EXPLANATORY STATEMENT OF its plans for allocating the additional funds. and THE COMMITTEE OF CONFERENCE Retains the Senate provision making ‘‘(ii) paragraphs (3) and (4) of section 515(c) of The managers on the part of the House and $900,000,000, approximately 5 percent of the the Multifamily Assisted Housing Reform and the Senate at the conference on the dis- medical care appropriation, available until Affordability Act of 1997 (42 U.S.C. 1437f note), agreeing votes of the two Houses on the September 30, 2001. as in effect before the enactment of this Act. amendment of the Senate to the bill (H.R. Delays the availability of $900,000,000 of the ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 2684) making appropriations for the Depart- medical care appropriation in the equipment There are authorized to be appropriated for ments of Veterans Affairs and Housing and and land and structures object classifica- each of fiscal years 2000, 2001, 2002, 2003, and Urban Development, and for sundry inde- tions until August 1, 2000, instead of delaying 2004 such sums as may be necessary for en- pendent agencies, boards, commissions, cor- the availability of $635,000,000 as proposed by hanced voucher assistance under this sub- porations, and offices for the fiscal year end- the House and Senate. section.’’. ing September 30, 2000, and for other pur- Retains language proposed by the Senate (b) ENHANCED VOUCHERS UNDER MAHRAA.— poses, submit the following joint statement transferring not to exceed $27,907,000 from Section 515(c) of the Multifamily Assisted Hous- to the House and the Senate in explanation the medical care appropriation to the gen- ing Reform and Affordability Act of 1997 (42 of the effect of the action agreed upon by the eral operating expenses appropriation for ex- U.S.C. 1437f note) is amended by striking para- managers and recommended in the accom- penses of the Office of Resolution Manage- graph (4) and inserting the following new para- panying report. ment (ORM) and the Office of Employment graph: The language and allocations set forth in Discrimination Complaint Adjudication ‘‘(4) ASSISTANCE THROUGH ENHANCED VOUCH- House Report 106–286 and Senate Report 106– (OEDCA). Retains language proposed by the Senate ERS.—In the case of any family described in 161 should be complied with unless specifi- directing the VA to contract for a recovery paragraph (3) that resides in a project described cally addressed to the contrary in the con- audit program of past medical payments. in section 512(2)(B), the tenant-based assistance ference report and statement of the man- The intent of the provision is to ensure that provided shall be enhanced voucher assistance agers. Report language included by the clinical diagnoses and treatments match the under section 8(t) of the United States Housing House which is not changed by the report of codes which are submitted to VA for pay- Act of 1937 (42 U.S.C. 1437f(t)).’’. the Senate or the conference, and Senate re- ment, and where an overpayment has been (c) ENHANCED VOUCHERS FOR CERTAIN TEN- port language which is not changed by the made, to enable VA to recover these funds ANTS IN PREPAYMENT AND VOLUNTARY TERMI- conference is approved by the committee of for medical care. The conferees are inter- NATION PROPERTIES.—Section 223 of the Low-In- conference. The statement of the managers, ested to learn the quality of VA’s financial come Housing Preservation and Resident Home- while repeating some report language for records and whether VA’s data quality has ownership Act of 1990 (12 U.S.C. 4113) is amend- emphasis, does not intend to negate the lan- an impact on its ability to recover overpay- ed by adding at the end the following new sub- guage referred to above unless expressly pro- ments under this program. The conferees di- section: vided herein. In cases in which the House or rect VA to provide a report detailing the ‘‘(f) ENHANCED VOUCHER ASSISTANCE FOR CER- Senate have directed the submission of a re- progress and success of this program within TAIN TENANTS.— port, such report is to be submitted to both ‘‘(1) AUTHORITY.—In lieu of benefits under one year after enactment of this Act. House and Senate Committees on Appropria- subsections (b), (c), and (d), and subject to the The conferees reiterate their frustration tions. availability of appropriated amounts, each fam- with the way VA handled the directed report Unless specifically addressed in this re- ily described in paragraph (2) shall be offered on the National Formulary by the Institutes port, the conferees agree to retain the re- enhanced voucher assistance under section 8(t) of Medicine. The conferees direct that the programming thresholds for each depart- of the United States Housing Act of 1937 (42 VA deliver the completed report by July 11, ment or agency at the level established by U.S.C. 1437f(t)). 2000. If the report is not available on that the fiscal year 1999 conference agreement. ‘‘(2) ELIGIBLE FAMILIES.—A family described date, the conferees direct the VA to brief the in this paragraph is a family that is— TITLE I—DEPARTMENT OF VETERANS Committees on Appropriations as to the sta- ‘‘(A)(i) a low-income family; or AFFAIRS tus and reasons why the report is not com- ‘‘(ii) a moderate-income family that is (I) an VETERANS BENEFITS ADMINISTRATION pleted. The conferees strike the language in- elderly family, (II) a disabled family, or (III) re- COMPENSATION AND PENSIONS serted by the House restricting classification siding in a low-vacancy area; and activities. ‘‘(B) residing in eligible low-income housing Provides up to $17,932,000 to be transferred The conferees are concerned about the on the date of the prepayment of the mortgage to the general operating expenses and med- availability of mental health services and di- or voluntary termination of the insurance con- ical care accounts as proposed by the House rect the VA to submit one report to the tract.’’. instead of $38,079,000 as proposed by the Sen- House and Senate Committees on Appropria- This Act may be cited as the ‘‘Departments of ate. tions addressing the concerns described in Veterans Affairs and Housing and Urban Devel- GUARANTEED TRANSITIONAL HOUSING LOANS House Report 106–286 and Senate Report 106– opment, and Independent Agencies Appropria- FOR HOMELESS VETERANS PROGRAM ACCOUNT 161, no later than March 31, 2000. tions Act, 2000’’. Retains language proposed by the Senate In each of the past two fiscal years the And the Senate agree to the same. providing $48,250,000 for the guaranteed tran- Congress has provided funding from within JAMES T. WALSH, sitional housing loans program account. the VISN 8 allocation for a demonstration TOM DELAY, program to study the cost-effectiveness of VETERANS HEALTH ADMINISTRATION DAVID HOBSON, contracting inpatient health care services JOE KNOLLENBERG, MEDICAL CARE with local East Central Florida hospitals. ROD FRELINGHUYSEN, Appropriates $19,006,000,000 for medical Based on the success of the program and the ROGER WICKER, care as proposed by the House instead of significant increase in funding provided in ANNE M. NORTHUP, $18,406,000,000 plus $600,000,000 in emergency this bill for medical care, the conferees di- JOHN E. SUNUNU, funding as proposed by the Senate. The con- rect the VA to continue the demonstration BILL YOUNG, ferees have recommended $1,700,000,000 above program in fiscal year 2000. The conferees di- ALAN MOLLOHAN, the President’s request for medical care. Ac- rect the VA to submit a report by April 1, MARCY KAPTUR, cording to the General Accounting Office, 2000 addressing the costs and benefits of this CARRIE P. MEEK, there are many opportunities to make VA program and the applicability of expanding DAVID E. PRICE, health care more cost-effective. These in- this program to other parts of the country. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10005 Due to the success of the program in VISN 8, areas of prostate imaging, bio-artificial kid- administrative provisions section of this re- the conferees view this program as a regular ney development, and artificial neural net- port. part of the VISN 8 system, not a demonstra- works relating to the diagnosis and prog- OFFICE OF INSPECTOR GENERAL tion, and expect that in future years any fur- nosis of heart disease, subject to the normal Appropriates $43,200,000 for the Office of In- ther funding or continuation considerations peer review procedures. The conferees are spector General as proposed by the Senate, should be made on the demonstrated merits aware of bio-artificial kidney research being instead of $38,500,000 as proposed by the and available resources. conducted by Dr. David Humes of the Ann House. The conferees recommend $750,000 to con- Arbor VAMC and the University of Michigan. Retains Senate language transferring not tinue VA’s participation with the Alaska The conferees direct $1,000,000 to the Na- to exceed $30,000 from the Office of Inspector Federal Health Care Access Network. tional Technology Transfer Center to estab- General appropriation to the general oper- The conferees direct the Department to lish a pilot program to assess, market, and ating expenses appropriation for expenses of continue the demonstration project involv- license medical technologies researched in the Office of Resolution Management ing the Clarksburg VAMC and the Ruby Me- VA facilities. The conferees expect a report ($28,000) and the Office of Employment Dis- morial Hospital at West Virginia University. on the progress of this program by April 1, crimination Complaint Adjudication ($2,000). The conferees encourage further deploy- 2000. Additional information on funding for these ment of the Joslin Vision Network as a high The conferees are concerned about the re- two offices is included under the VA’s admin- priority through available resources in the view and oversight procedures protecting istrative provisions section of this report. medical care account and not the medical human subjects in research programs funded and prosthetic research account as proposed by the VA. The conferees believe an effective CONSTRUCTION, MAJOR PROJECTS by the House. means of promoting adequate protections Appropriates $65,140,000 for construction, The conferees direct the VA to provide a and informed consent for human subjects in major projects instead of $34,700,000 as pro- report addressing the OIG findings and rec- VA research programs is ensuring that an posed by the House and $70,140,000 as pro- ommendations regarding local patient access appropriate mix of independent expertise is posed by the Senate. to care, including the feasibility of a con- represented on Institutional Review Boards. The conference agreement includes the fol- tracting demonstration program, for the Such boards have a special and sensitive re- lowing changes from the budget estimate: medical care system serving Chattanooga, sponsibility to mentally ill veterans, who, +$10,000,000 for capital asset planning. Tennessee by January 31, 2000. because of the nature of their illness, may +$1,000,000 for the advance planning and de- The conferees direct the VA to submit a re- have difficulty fully understanding the pur- sign of the Lebanon VAMC renovation of pa- port on access to medical care and commu- poses and risks associated with such re- tient care units and enhancements for ex- nity-based outpatient clinics in Georgia’s 7th search. The conferees therefore urge the VA tended care programs, contingent upon au- Congressional District 30 days after the en- to submit a report to the committees on the thorization. actment of this bill. Department’s progress for improving the +$500,000 for planning national cemeteries In instances that significant deficiencies in functions and oversight of these boards, es- in the regions designated by the authorizing quality of care and operations of VA medical pecially where they involve mental illness committees in the Atlanta area of Georgia, facilities are identified by the VA Medical research, by March 31, 2000. the Pittsburgh area of Pennsylvania, South Florida, and Northern California. Inspector, the conferees expect that the VA MEDICAL ADMINISTRATION AND MISCELLANEOUS ¥$6,500,000 from available unobligated bal- will correct the deficiencies identified in the OPERATING EXPENSES inspections and that resources such as the ances in the working reserve. Appropriates $59,703,000 for medical admin- National Reserve Fund, other surplus re- The conferees support a new national cem- istration and miscellaneous operating ex- sources, FTE, technical assistance, training etery in the Lawton, OK area. VA expects to penses, instead of $61,200,000 as proposed by and equipment should be made available on award a design contract for architectural the House and $60,703,000 as proposed by the a priority basis to address the deficiencies. and engineering services for this project in Senate. The conferees are concerned that the VA October 1999. The conferees expect the Presi- medical system must cancel and/or resched- DEPARTMENTAL ADMINISTRATION dent’s fiscal year 2001 budget will include ule healthcare appointments, creating an GENERAL OPERATING EXPENSES construction funds for this project. undue hardship to veterans. Furthermore, Appropriates $912,594,000 for general oper- CONSTRUCTION, MINOR PROJECTS the conferees understand that the GAO is ating expenses as proposed by the Senate, in- Appropriates $160,000,000 for construction, currently investigating this issue. Therefore, stead of $886,000,000 as proposed by the minor projects instead of $102,300,000 as pro- within 90 days after the GAO issues the final House. The conferees provided $45,600,000, ap- posed by the House and $175,000,000 as pro- report on this issue, the conferees direct the proximately 5 percent of the appropriation, posed by the Senate. VA to develop options to mitigate the hard- to be available until September 30, 2001. Of the funds provided, the conferees direct ship placed on veterans when the VA medical The conferees direct the immediate Office $150,000 for ‘‘mothballing’’ four historic system cancels or reschedules their medical of the Secretary to limit travel expenditures buildings at the Dayton VAMC in Dayton, appointments and submit a report of those to $100,000 in fiscal year 2000. The conferees Ohio; $3,000,000 for renovations of the re- options to the committees. are extremely concerned about recent find- search building at the Bronx VAMC in The conferees urge the VA to partner with ings of the Inspector General related to im- Bronx, New York; $500,000 for preparation of existing, federally-funded Community proper use of travel and representation funds the satellite site at the National Cemetery Health Care Centers to provide outpatient by the Secretary and expect that the IG’s at Salisbury, North Carolina; and $3,900,000 primary and preventive health care services recommendations will be implemented fully. to convert unfinished space into research to area veterans in their home communities. The conferees expect assurances that the laboratories at the ambulatory care addition Such a plan would greatly enhance access to Department is fiscally and logistically ready of the Harry S Truman VAMC. The conferees quality health care for veterans living in re- to consolidate computer services at the Aus- also request a study to examine and design a mote areas. The conferees urge the veteran tin Automation Center. Therefore, the con- relocated entrance to the West Virginia Na- populations in the following areas be in- ferees direct the VA to submit a report sum- tional Cemetery in Grafton, West Virginia. cluded in such a program: Marshall County, marizing all cost/benefit studies regarding GRANTS FOR CONSTRUCTION OF STATE Mississippi; Hardin County, Tennessee; and the consolidation and site readiness at Aus- EXTENDED CARE FACILITIES Letcher County, Kentucky. tin to accommodate the relocated services. Appropriates $90,000,000 for grants for con- The conferees support VA’s efforts to un- The conferees direct that no funds in this struction of state extended care facilities as dertake a three-year rural health care pilot Act will be used to relocate the center unless proposed by the Senate, instead of $87,000,000 program at the VAMC in White River Junc- the VA submits the requested report to the ($80,000,000 in the grants for construction of tion, Vermont. The rural health care serv- Committees 60 days prior to moving oper- state extended care facilities account and an ices delivery model will explore new methods ations from Hines. additional $7,000,000 in Sec. 426 of the Gen- of optimizing surgical, ambulatory, and NATIONAL CEMETERY ADMINISTRATION mental health care services in rural settings. eral Provisions) as proposed by the House. Appropriates $97,256,000 for the National VA estimates this will cost approximately GRANTS FOR CONSTRUCTION OF STATE Cemetery Administration as proposed by the $7,000,000 in fiscal year 2000. VETERANS CEMETERIES Senate instead of $97,000,000 as proposed by The conferees urge the VA to make testing Appropriates $25,000,000 for grants for con- the House. and treatment for hepatitis C broadly avail- Restores language proposed by the Senate struction of state veterans cemeteries as able to all veterans. transferring not to exceed $90,000 ($84,000 for proposed by the Senate, instead of $11,000,000 MEDICAL AND PROSTHETIC RESEARCH ORM and $6,000 for OEDCA) from the na- as proposed by the House. Appropriates $321,000,000 for medical and tional cemetery administration appropria- ADMINISTRATIVE PROVISIONS prosthetic research, instead of $326,000,000 as tion to the general operating expenses appro- Deletes language proposed by the House proposed by the House and $316,000,000 as pro- priation for expenses of the Office of Resolu- authorizing the reimbursement of expenses posed by the Senate. tion Management and the Office of Employ- for the Office of Resolution Management and The conferees have not included the rec- ment Discrimination Complaint Adjudica- the Office of Employment Discrimination ommended funding as proposed by the House, tion. Additional information on funding for Complaint Adjudication from other VA ap- but instead urge research endeavors in the these two offices is included under the VA’s propriations beginning in fiscal year 2000, H10006 CONGRESSIONAL RECORD — HOUSE October 13, 1999 and inserts language as proposed by the Sen- Within the overall totals for the housing $1,300,000,000 in recaptured section 8 housing ate transferring amounts in medical care certificate fund, the House bill provided assistance funds from the Annual Contribu- ($27,907,000—$26,111,000 for ORM and $1,796,000 $25,000,000 for non-elderly disabled residents tions for Assisted Housing account and the for OEDCA), national cemetery administra- and did not specify a division between the Housing Certificate Fund account that are tion ($117,000—$111,000 for ORM and $6,000 for amounts for contract renewals and tenant not expected to be needed in fiscal year 2000. OEDCA), and Office of Inspector General protection vouchers, while the Senate bill Inserts language, not included by either ($30,000—$28,000 for ORM and $2,000 for provided $10,855,135,000 for contract renewals, the House or the Senate, rescinding OEDCA) to the general operating expenses $156,000,000 for tenant protection vouchers, $943,000,000 in unobligated balances of funds appropriation. In addition, $2,068,000 is as- and $40,000,000 for the non-elderly disabled. previously appropriated in the Housing Cer- sumed in the general operating expenses ap- Neither bill provided funds for incremental tificate Fund or Annual Contributions for propriation for these activities. All funds for vouchers. Assisted Housing accounts. The conferees note that the costs of renew- these two offices should be requested in the PUBLIC HOUSING CAPITAL FUND general operating expenses appropriation in ing all expiring section 8 housing assistance (INCLUDING TRANSFERS OF FUNDS) fiscal year 2001. contracts will continue to rise significantly The conferees recognize that transpor- from year to year. The 60,000 additional Appropriates $2,900,000,000 for the public tation to VA hospitals and clinics is a major vouchers provided in the conference agree- housing capital fund instead of $2,555,000,000 concern to many veterans in rural areas. The ment will need to be funded in future years, as proposed by the Senate and the House. conferees direct the VA to conduct a study and will place substantial burdens on the The conferees recommend an increase in this to determine to what extent geography and Congress. The conferees have agreed to fund appropriation above the levels provided in ei- distance serve as a barrier to health care in these incremental vouchers for fiscal year ther the House or the Senate bill, in recogni- rural areas. The conferees direct the VA to 2000, based in part on the Administration’s tion of the serious unmet needs for capital report its findings back to Congress no later representation that it will endeavor to ad- improvements to the nation’s public hous- than February 1, 2000. Furthermore, the con- dress the shortfalls in this account and to ing. The conferees believe that providing ferees direct the VA to develop a proposal fully fund these and all other section 8 con- adequate funding to renovate and improve addressing this concern. tracts in fiscal year 2001. these facilities is less costly than allowing Both the House and Senate included provi- The conferees expect the Administration them to fall into disrepair. Currently, HUD sions expressing the concern about the qual- to submit a budget request for fiscal year estimates that the 3,400 public housing au- ity of and access to medical care for veterans 2001 that includes sufficient funding for the thorities have a backlog of modernization in rural areas. The conferees consolidated section 8 account, including vouchers added needs that totals more than $20,000,000,000. the two provisions in this title under Sec. this year, consistent with the agreement This is due in large part to the age of the in- 108. reached between the Administration and the ventory, as at least half of the 1,322,000 Retains Sec. 109, proposed by the House au- conferees. apartments managed by public housing au- thorizing $11,500,000, originally appropriated While the conferees have included funds for thorities are more than 30 years old and are in fiscal year 1998 to renovate Building 9 at incremental voucher assistance, they note home to almost 3,000,000 people, 43% of whom the VAMC in Waco, Texas, to instead be used that vouchers are not a panacea for low-in- are 62 or older or have a disability. Families come, affordable housing. The voucher pro- for renovation and construction of a joint with children live in the remaining apart- gram has significant problems, with families venture cardiovascular institute at the Olin ments. Public housing represents a major in- in many areas of the country unable to uti- E. Teague VAMC in Temple, Texas. vestment of federal resources over many lize effectively this housing subsidy, espe- In response to the GAO report, VA Health years, and it is vital that funding be pro- cially in high-cost areas where the payment Care: Closing a Chicago Hospital Would Save vided to properly preserve this taxpayer in- standard of the voucher program may not be Millions and Enhance Access to Services, the vestment. Allowing more of these housing sufficient to cover market rents. Moreover, VHA established the VISN 12 Delivery Op- units to deteriorate to the point that they there is a substantial shortage of available, tions Study Steering Committee to provide must be demolished and rebuilt would be a low-income affordable housing throughout recommended options for optimally aligning far more costly option. the country, and vouchers do not provide an resources with veteran needs. The conferees effective financing tool that will result in Includes $75,000,000 for technical assistance have concerns about the recommended op- constructing additional affordable housing. under section 9(h) of the United States Hous- tion of the VISN 12 Delivery Options Study Finally, there is a need for communities, ing Act of 1937, instead of $100,000,000 as pro- as it may be inconsistent with the GAO re- nonprofits, public housing authorities and posed by the Senate and $50,000,000 as pro- port. The conferees understand that the rec- others to create links between all HUD pro- posed by the House. The conferees note that ommended option is under review and may grams, to ensure that housing and commu- section 9(h) includes the costs of travel, and lead to a realignment plan being proposed by nity development assistance is integrated to have therefore deleted a House provision VHA for VISN 12. Sec. 110 has been included benefit the overall needs of the community. that provided $1,000,000 for travel costs. Fi- to ensure appropriate consultation and input Inserts language, as proposed by the Sen- nally, the conferees direct HUD to include in for all stakeholders. ate, making the amount set aside for non-el- its operating plan a detailed description of Deletes bill language proposed by the Sen- derly disabled persons affected by elderly- the Department’s plans for utilizing these ate presuming cancer of the lung, colon, only designations also available to assist technical assistance funds in fiscal year 2000, brain and central nervous system should be other disabled persons, to the extent that and to include a similarly detailed descrip- added to the list of radiogenic diseases pre- amounts are not needed to fund applications tion in next year’s budget justification re- sumed to be service-connected disabilities by from those affected by designations. garding plans for use of any funds requested the Department. Inserts language proposed by the House for fiscal year 2001. Unless such information TITLE II—DEPARTMENT OF HOUSING and not included by the Senate requiring is provided, the conferees would be very re- AND URBAN DEVELOPMENT HUD to determine section 8 administrative luctant to continue appropriating funds for PUBLIC AND INDIAN HOUSING fees for public housing authorities under the technical assistance in the future. HOUSING CERTIFICATE FUND requirements in effect before enactment of Includes $75,000,000 for the Secretary’s dis- the Quality Housing and Work Responsi- cretionary fund for the purpose of making (INCLUDING TRANSFERS OF FUNDS) bility Act of 1998. grants to PHAs for emergency capital needs Appropriates $11,376,695,000 for the housing Inserts language proposed by the Senate resulting from emergencies and natural dis- certificate fund, instead of $10,540,135,000 as adopting the Administration’s recommenda- asters. The House did not include a similar proposed by the House and $11,051,135,000 as tion to provide $4,200,000,000 (within the over- provision and the Senate expressly provided proposed by the Senate. The conference all totals given above for the housing certifi- no funds for this activity under section agreement includes: cate fund) in the form of an advance appro- 9(k)of the United States Housing Act of 1937. —$10,990,135,000 for expiring section 8 hous- priation that will first become available in PUBLIC HOUSING OPERATING FUND ing assistance contracts, tenant protections, fiscal year 2001. This advance appropriation including tenant protections for HOPE VI re- is intended to cover a portion of expendi- Appropriates $3,138,000,000 for the public locations, section 8 amendments, contract tures that will actually occur in fiscal year housing operating fund instead of administration, enhanced vouchers, and con- 2001 under section 8 contracts renewed dur- $2,818,000,000 as proposed by the House, and tracts entered into pursuant to section 441 of ing fiscal year 2000. The House did not in- $2,900,000,000 as proposed by the Senate. Like the Stewart B. McKinney Homeless Assist- clude such an advance appropriation, but in- the increase to the public housing capital ance Act; stead followed the past practice of providing fund, this increase reflects the conferees’ —$346,560,000 to provide 60,000 incremental all funds needed for fiscal year 2000 contract commitment to providing adequate re- section 8 housing assistance vouchers, to in- renewals in the form of a regular fiscal year sources to public housing—in this case for crease the number of low-income individuals 2000 appropriation. basic costs like water, gas and electric utili- and families receiving assistance; and Deletes language proposed by the Senate ties, security, and routine maintenance. —$40,000,000 to provide section 8 housing and not included by the House prohibiting Inserts language proposed by the Senate vouchers to non-elderly, disabled residents funds from being expended for the Regional and not included by the House prohibiting who are affected by designation of public and Opportunity Counseling program. funds from being used for the Secretary’s assisted housing as ‘‘elderly-only’’ develop- Inserts language, not included by either discretionary fund under section 9(k) of the ments. the House or the Senate, rescinding United States Housing Act of 1937. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10007 The conferees direct HUD to delay imple- ners, to create residential computing centers to renewing existing programs. The House menting the Public Housing Assessment Sys- in multifamily housing through the un- did not include similar language. tem (PHAS) until, in consultation with pub- funded Neighborhood Networks Initiative. RURAL HOUSING AND ECONOMIC DEVELOPMENT lic housing authorities (PHAs) and their des- This initiative bridges the information tech- Appropriates $25,000,000 for rural housing ignated representatives, the Secretary: (a) nology gap in communities, helping hun- and economic development as proposed by conducts a thorough analysis of all advisory dreds of residents, such as those in The Ter- the Senate, instead of a $10,000,000 set-aside PHAS assessments; (b) reviews the GAO’s races in West Baltimore, improve computer in the Community Development Block Grant study of the PHAS when it is complete; and technology skills, which in turn increases (CDBG) account as proposed by the House. (c) based on that analysis and review, pub- job and education opportunities. The con- The conferees note that they intend to fully lishes in the Federal Register a new con- ferees believe that the opportunity to bridge review HUD’s Notice of Funding Availability sensus-based PHAS final rule that incor- the digital divide should also be available to (NOFA), which is the vehicle HUD has used porates any recommended changes resulting HOPE VI residents and directs the Depart- to implement this program, and to make rec- from the process referenced above. Finally, ment to undertake an effort to adapt the ommendations about its contents where nec- HUD shall take all reasonable steps to mini- Neighborhood Networks Initiative to new essary. Furthermore, the conferees reiterate mize the costs and burdens the PHAS im- HOPE VI projects. The conferees further di- their expectation that HUD will cooperate poses on public housing authorities. The con- rect the Department to report on the status with the United States Department of Agri- ferees intend that the PHAS, when finalized, of its efforts to implement the Neighborhood culture (USDA), review the requirements of acknowledge the complexities and Networks Initiative in HOPE VI commu- USDA’s rural development and housing pro- practicalities inherent in managing large- nities no later than June 30, 2000. grams, and incorporate USDA definitions scale apartment buildings and make allow- The conferees direct the Department to and requirements in this program to the ex- ances for these considerations. contract with the Urban Institute to conduct tent appropriate. Finally, the conferees note that the nego- an independent study on the long-term ef- tiated rule-making on revisions to the ‘‘per- fects of the HOPE VI program on former AMERICA’S PRIVATE INVESTMENT COMPANIES formance funding system’’ formula for allo- residents of distressed public housing devel- PROGRAM ACCOUNT cating operating subsidy funds appears to opments, focusing on the effects of reloca- (INCLUDING TRANSFER OF FUNDS) have stalled, in part because of lack of ade- tion and improved community and sup- Inserts new language providing $20,000,000 quate data about actual costs of operating portive services. The conferees have provided for America’s private investment companies public housing. Therefore, before a proposed $1,200,000 from within this account for this program account, contingent upon enact- rule is published in the Federal Register, the purpose. Because HOPE VI was established ment of authorizing legislation prior to June conferees direct HUD to contract with the to address the social needs of residents as 30, 2000. If the program is not authorized, the Harvard University Graduate School of De- well as the physical distress of the housing, funds shall be transferred to the Community sign to conduct a study on the costs incurred the conferees feel that it is important to as- Development Financial Institutions pro- in operating well-run public housing and pro- sess the effectiveness of the social aspects of gram. Neither the House nor the Senate in- vide the results to the negotiated rule-mak- the program in order to better evaluate the cluded a similar provision. ing committee and the appropriate congres- accomplishments of the program. URBAN EMPOWERMENT ZONES sional committees. The final report shall be NATIVE AMERICAN HOUSING BLOCK GRANTS Inserts new language providing $55,000,000 completed by October 1, 2000. The conferees (INCLUDING TRANSFER OF FUNDS) for grants to urban empowerment zones to be direct that $3,000,000 from technical assist- Includes $6,000,000 for technical assistance used in conjunction with economic develop- ance funds in the public housing capital fund ment activities detailed in the strategic account be set-aside for this purpose. grants, of which $4,000,000 is for HUD and $2,000,000 is for the National American Indian plans of each empowerment zone. Neither DRUG ELIMINATION GRANTS FOR LOW INCOME Housing Council (NAIHC). The House pro- the House nor the Senate included a similar HOUSING vided the entire amount to HUD while the provision. (INCLUDING TRANSFER OF FUNDS) Senate provided $4,000,000 to NAIHC and RURAL EMPOWERMENT ZONES Appropriates $310,000,000 for drug elimi- $2,000,000 to HUD. Of the amount $200,000 is Inserts new language providing $15,000,000 nation grants, as proposed by the Senate in- for related travel instead of $100,000 as pro- to the Secretary of the United States De- stead of $290,000,000 as proposed by the posed by the House and $300,000 as proposed partment of Agriculture for grants to des- House. by the Senate. ignated empowerment zones. Includes $20,000,000 for the New Approach The housing and economic development COMMUNITY DEVELOPMENT BLOCK GRANTS Anti-Drug program, as proposed by the Sen- problems faced by Indian tribes are unique (INCLUDING TRANSFERS OF FUNDS) ate, rather than no funding as proposed by because of the special status accorded to res- the House. ervation lands. NAIHC has a proven tech- Appropriates $4,800,000,000 for community Includes $4,500,000 for technical assistance nical assistance and training program that development block grants, as proposed by grants as proposed by the House instead of the conferees believe could be a valuable tool the Senate instead of $4,500,200,000 as pro- $5,000,000 as proposed by the Senate. Of this in addition to HUD’s existing technical as- posed by the House. The conferees agree to set-aside, $150,000 is for related travel as pro- sistance programs. Prior to receiving the the following earmarks: posed by the House, instead of $250,000 as pro- grant, the conferees expect NAIHC to provide —$41,500,000 for section 107 grants. The posed by the Senate. a business plan to HUD and to the Commit- House provided $30,000,000 for section 107 Deletes language proposed by the Senate tees on Appropriations for expending these grants and the Senate provided $41,500,000 for and not included by the House requiring no- funds. The plan should include performance section 107 grants. The conference agreement tice and comment rulemaking in all situa- measures and goals. Upon receipt and review provides the following earmarks: tions where HUD makes substantive changes of the plan, HUD is directed to enter into a —$3,000,000 is for community development to the grant program. Nevertheless, the con- contract with NAIHC, and to deliver the work study; ferees strongly believe in the value of notice funds by March 1, 2000. —$10,000,000 is for historically black col- and comment rulemaking, and remind the Inserts language proposed by the House leges and universities; Department of the requirements set forth in and stricken by the Senate making a tech- —$8,000,000 is for the Community Outreach the Administrative Procedures Act and in nical correction to bill language. Partnerships program; section 208 of the Departments of Veterans —$7,000,000 is for insular areas; INDIAN HOUSING LOAN GUARANTEE FUND —$2,000,000 is for native Hawaiian Serving Affairs and Housing and Urban Development, PROGRAM ACCOUNT and Independent Agencies Appropriations Institutions and for Alaska Native Serving (INCLUDING TRANSFER OF FUNDS) Act for fiscal year 1998. The conferees en- Institutions, to be divided evenly; courage the Department to institutionalize Inserts language proposed by the House —$6,500,000 is for Hispanic Serving Institu- the drug elimination grant program through and stricken by the Senate making a tech- tions; and an appropriate rulemaking process. nical correction to bill language. —$5,000,000 is for management information systems; COMMUNITY PLANNING AND DEVELOPMENT REVITALIZATION OF SEVERELY DISTRESSED —$2,200,000 for the National American In- PUBLIC HOUSING (HOPE VI) HOUSING OPPORTUNITIES FOR PERSONS WITH dian Housing Council instead of $3,000,000 as Appropriates $575,000,000 for the revitaliza- AIDS proposed by the House and $1,800,000 as pro- tion of severely distressed public housing Appropriates $232,000,000 for housing oppor- posed by the Senate; program as proposed by the House, instead of tunities for persons with AIDS, as proposed —$20,000,000 for the Capacity Building for $500,000,000 as proposed by the Senate. by the Senate instead of $225,000,000 as pro- Community Development and Affordable Inserts language proposed by the House posed by the House. Of the amount, .75 per- Housing program, authorized by section 4 of and stricken by the Senate providing cent is appropriated for technical assistance P.L. 103–120, as in effect before June 12, 1997, $10,000,000 for technical assistance, training, instead of .50 percent as proposed by the instead of the $15,000,000 proposed by the and necessary travel. House and 1 percent as proposed by the Sen- House and $25,000,000 proposed by the Senate; The conferees note the Department’s suc- ate. of the amount provided in the conference re- cess in leveraging local businesses, commu- Deletes bill and report language proposed port, at least $4,000,000 shall be for capacity nity organizations, residents, and other part- by the Senate requiring HUD to give priority building activities in rural areas; H10008 CONGRESSIONAL RECORD — HOUSE October 13, 1999 —$3,750,000 for the capacity building activi- —$250,000 to Stillman College in Tusca- —$250,000 to the City of Miami Beach, Flor- ties of Habitat for Humanity International, loosa, Alabama for the construction and de- ida for the North Beach Recreation Corridor as proposed by the House and instead of no velopment of a health and wellness facility; Initiative; funding as proposed by the Senate; —$200,000 to the City of Daphine, Alabama —$600,000 to the City of Largo, Florida for —$42,500,000 for Youthbuild, including for revitalization of the Daphne Bayfront economic development and infrastructure $2,500,000 for a grant to Youthbuild USA for Park; improvements; capacity building activities, the same as pro- —$1,500,000 to Union County, Arkansas to —$1,400,000 to the City of Clearwater, Flor- posed by both the House and Senate (apart find alternative water sources to the Sparta ida for costs associated with the develop- from a technical correction); Sands Aquifer; ment of a regional stormwater retention fa- —$20,000,000 for grants to eligible grantees —$1,000,000 to the City of Sierra Vista, Ari- cility; under section 11 of the Self-Help Housing Op- zona for a wastewater treatment and effluent —$300,000 to the City of Edgewater, Florida portunity Program Extension Act of 1996, in- recharge facility; for the construction of an emergency shelter; stead of $15,000,000 as proposed by the House. —$500,000 to the Boys and Girls Club in —$400,000 to the City of Jacksonville, Flor- The Senate did not include funds for this Oxnard, California for the renovation and ex- ida for the development of an ecosystem item; pansion of existing facilities; tourist program; —$30,000,000 for the Neighborhood Initia- —$250,000 to the County of San Bernardino, —$300,000 to the City of Jacksonville, Flor- tives program, instead of $20,000,000 as pro- California for the rehabilitation of ida for the Lower East Side/Upper Deer posed by the House and no funding as pro- Fogelsong Pool in Barstow; Creek Stormwater Project; posed by the Senate; —$425,000 to the City of Highland, Cali- —$1,250,000 to the Town of Milton, Florida —$5,000,000 is for the Institute for Software fornia for public park facilities to serve the for the construction of a hurricane shelter; Research for construction related to a high- recreational needs of the local community; —$250,000 to the City of Miami, Florida for —$250,000 to the County of San Bernardino, technology diversification initiative; the OpSail Miami 2000 cultural exchange pro- California for a River Walk Nature and Bike —$10,000,000 is for the City of Syracuse, gram; Trail on the Mojave river between Mojave New York, for the Neighborhood Initiative —$500,000 to the Tubman African American Narrows and Old Town Victorville; Program; Museum in Macon, Georgia for development —$4,000,000 for Missouri, of which $1,500,000 —$425,000 to the County of San Bernardino, of a new facility; shall be for the St. Louis Sustainable Neigh- California for the Yucaipa Valley Regional —$400,000 to the City of Savannah, Georgia borhoods Initiative, of which at least $500,000 Soccer Complex; for development of a youth facilty; shall be made available for the redevelop- —$500,000 to the San Bernardino National —$500,000 to Rockdale County, Georgia for ment of the Lemay community and at least Forest for Phase II construction of the Big Bear Discovery Center; the development of Georgia Veterans’ Park; $500,000 shall be for the redevelopment of —$500,000 to the Village of Hampshire, Illi- Grand Rock community, both in St. Louis, —$50,000 to the City of Twentynine Palms, California for the completion of the mural nois to construct new drinking water facili- and $2,500,000 shall be made available for ties; Kansas City, Missouri, of which $1,500,000 project; —$100,000 to the City of Loma Linda, Cali- —$500,000 to the Haymarket Center in shall be made available for the Midtown Haymarket, Illinois for a community and Community Development Corporation for fornia for road infrastructure improvements; —$1,000,000 to the City of San Juan family learning center; the redevelopment of the Mount Cleveland Capistrano for the rehabilitation and his- —$750,000 to Edward Hospital in Naperville, community and $1,000,000 shall be made toric preservation of the Mission San Juan Illinois for the construction of a women and available for the East Meyer Community As- Capistrano; children’s pavillion; sociation for the redevelopment of the East —$500,000 to the City of Citrus Heights, —$250,000 to the Town of Cortland, Illinois Meyer community; and California for the revitalization of the Sun- for water treatment facility improvements; —$1,000,000 shall be for the Patterson Park rise Mall; —$250,000 to the Town of Steward, Illinois Community Development Corporation to es- —$750,000 to the City of Escondido, Cali- for water treatment facility improvements; tablish a revolving fund to acquire and reha- fornia for the development and infrastruc- —$500,000 to Loyola University, Illinois for bilitate properties in Baltimore, Maryland; ture improvements associated with Quail expansion of their computer and information $500,000 for the City of Suffolk, Virginia for Hills Industrial Park; resource centers; the East Suffolk Gateway Redevelopment —$600,000 to the City of Tracy, California —$500,000 to the Safe Haven Foundation, project; $500,000 for Fort Dodge, Iowa for the for the repair/construction of the Tracy Fire Inc. in Indianapolis, Indiana to expand do- Soldier Creek neighborhood revitalization Station Number 1; mestic violence shelters and related services; project; $750,000 for the Mitchell Develop- —$350,000 to the City of Riverside, Cali- —$250,000 to Ball State University, Indiana ment Corporation for economic development fornia for the expansion of the Goeske Senior for the development of the Workforce Tech- activities in Mitchell, South Dakota; $500,000 and Disabled Citizens Center; nology Enhancement Project; for the City of Green Bay, Wisconsin for —$350,000 to the City of Fountain Valley, —$500,000 to Tri-State University, Indiana Broadway Street revitalization; and $500,000 California for the expansion of the Mile for the expansion, renewal, and renovation of for the City of Yankton, South Dakota for Square Regional Park recreation facility; their Business and Engineering Depart- the restoration of the downtown area and the —$350,000 to the City of Huntington Beach, ments, including the Tri-State Leadership development of the Fox Run Industrial Park; California for soil remediation and cleanup Institute and Center; —$29,000,000 for credit subsidy for section activities in Huntington Central Park; —$1,000,000 to the Home of the Innocents in 108 loan guarantees as proposed by the Sen- —$1,000,000 to the City of San Diego, Cali- Louisville, Kentucky for the expansion and ate instead of $25,000,000 as proposed by the fornia for the San Diego Children’s Convales- relocation of a facility to help abused chil- House. This level of credit subsidy should cent Hospital; dren; produce no more than $1,261,000,000 in loan —$100,000 to the City of Arcadia, California —$500,000 to the Wayne County, Kentucky guarantees as proposed by the Senate in- for the Arcadia Historical Museum; Historical Society to complete the renova- —$400,000 to the City of Claremont, Cali- stead of $1,087,000,000 as proposed by the tion and restoration of the Wayne County fornia for construction of a community cen- House; and, Historical Museum; —$275,000,000 for economic development ter; —$500,000 to the Kentucky Highlands In- grants, instead of $20,000,000 as proposed by —$1,000,000 to the City of Pasadena, Cali- vestment Corporation in London, Kentucky the House and $110,000,000 as proposed by the fornia for renovation and rehabilitation of for expansion of a venture capital fund; Senate. The conferees agree to the following the Pasadena Civic Auditorium; —$20,000 to the City of Glendale, California —$500,000 to the Center for Rural Develop- targeted economic development initiatives: ment in Somerset, Kentucky for continued —$480,000 to the Town of Swearingen, Ala- for city infrastructure improvements; development and training for a regional tele- bama for water system infrastructure im- —$250,000 to Shelter From the Storm, Inc., conferencing network; provements; a battered women’s and children’s center in —$300,000 to Lamar County, Alabama for Palm Desert, California; —$250,000 to Bell County, Kentucky for upgrading sewer and water supply systems; —$250,000 to the City of El Segundo, Cali- renovation of the Pine Mountain Park Am- —$140,000 to Rainsville, Alabama for infra- fornia for the design and development of the phitheater; structure improvements to the town’s indus- Douglas Street Gap Closure project; —$250,000 to the Magoffin County, Ken- trial park; —$200,000 to the County of Tulare, Cali- tucky Historical Society for the expansion of —$60,000 to Haleyville, Alabama for pur- fornia for road infrastructure improvements; the Pioneer Tourist Information and Visitor chase and renovation of a senior citizens cen- —$400,000 to the City of Bakersfield, Cali- Center; ter and a Head Start facility; fornia to redevelop downtown Bakersfield —$250,000 to Montgomery County, Ken- —$800,000 to the City of Mobile, Alabama through the Mobility Opportunities via Edu- tucky for redevelopment of a community for the waterfront development project; cation initiative; center; —$500,000 to the University of Alabama for —$100,000 to the County of Tulare, Cali- —$300,000 to the Port of South Louisiana the construction of a child development fa- fornia for construction of an international for the expansion of the Globalplex Inter- cility; trade center; modal Terminal Facility; —$500,000 to the University of South Ala- —$600,000 to the Klingberg Family Centers —$100,000 to the City of New Iberia, Lou- bama for the construction of an archae- in New Britain, Connecticut for the expan- isiana for economic development and revital- ological research facility; sion of their school; ization of the downtown area; October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10009 —$50,000 to the City of Thibodaux, Lou- —$750,000 to the State University of New —$500,000 to the State University of New isiana for infrastructure improvements to York at Stonybrook in Islip, New York for York at Albany, New York to establish an the Civic Center; the Center for Emerging Technology; economic development/workforce training —$50,000 to St. Charles Parish, Louisiana —$1,000,000 to Carnegie Hall in New York initiative; for the enhancement of the parks and recre- City, New York for the Third Stage Project; —$700,000 to the Hebrew Academy for Spe- ation system; —$400,000 to Neve Yerushalayim College in cial Children in New York for expansion of a —$100,000 to Plaquemines Parish, Lou- Brooklyn, New York for the development of developmentally disabled children program; isiana for enhancements and upgrades to a Residential Community Center; —$250,000 to the Orange County Mental their Disaster Communications Center; —$500,000 to the Town of Babylon, New Health Association in Orange County, New —$100,000 to Nicholls State University in York for revitalization of the Babylon Citi- York to provide enhanced health care serv- Louisiana for expansion and development of zen’s Cultural Resource Center; ices; the Family and Consumer Science Program; —$1,000,000 to the Town of Massena, New —$700,000 to the University Colleges of —$300,000 to Wayne State University in York for the construction of the St. Law- Technology of the State University of New Michigan for infrastructure improvements to rence Aquarium and Environmental Re- York for the development of the Tele- the Merrill-Palmer Institute’s child care re- search Institute; communications Center for Education; search facilities; —$1,000,000 to the County of Schuyler, New —$700,000 to the Children’s Center of —$500,000 to Wayne County, Michigan for York for the Schuyler County Partnership Brooklyn, New York for the construction of enhancement of geographical information for Economic Development to develop a busi- a facility to house educational and thera- systems to expedite economic development; ness park and revitalize Watkins Glen Inter- peutic programs for disabled preschool chil- —$100,000 to the City of Detroit, Michigan national; dren; for the Covenant House, a long-term transi- —$200,000 to the New York Institute of —$1,000,000 to Wittenberg University, Ohio tional living facility for homeless adults; Technology for the rehabilitation of Robbins for rehabilitation and renovation of a —$250,000 to the National Eagle Center Hall; Science Center facility; community development project in Wabasha, —$200,000 to the Village of Amityville, New —$500,000 to the Greene County, Ohio Park Minnesota; York for construction and revitalization of District to construct a composite materials —$1,100,000 to the City of Fulton, Mis- the Village’s downtown area; bicycle/pedestrian bridge; sissippi for water infrastructure improve- —$3,000,000 to Olympic Regional Develop- —$1,000,000 to Holmes County, Ohio for the ments for the Northeast Mississippi Regional ment Authority, New York for upgrades at construction of a wellness center; Water Supply District; Mt. Van Hoevenberg Sports Complex; —$400,000 to the University of Cincinnati —$200,000 to the Town of Sardis, Mis- —$500,000 to the Village of Freeport, New for renovation of the medical science build- sissippi for economic development and re- York to revitalize the Nautical Mile; ing; lated infrastructure and recreational facili- —$275,000 to the Town of New Brunswick, —$1,500,000 to the City of Oklahoma City, ties; New York for the extension of a water line to Oklahoma for the loan fund created to assist —$550,000 to the City of Lincoln, Nebraska a senior housing project; with recovery efforts from the Oklahoma for Cedars Youth Services for the develop- —$225,000 to the Town of East Greenbush, City bombing; ment of a youth home; New York for road infrastructure improve- —$360,000 to the Borough of New Hope, —$750,000 to Wake Forest University in ments; Pennsylvania for redevelopment and revital- North Carolina for the continued develop- —$450,000 to the County of Cortland, New ization of the site formerly known as Union ment of the University’s Baptist Medical York for the acquisition and remediation of Camp; Center; the Contento scrapyard; —$40,000 to the Township of Tinicum, —$250,000 to the Town of Berlin, New —$1,000,000 to St. Joseph’s Hospital Health Pennsylvania for a floodplain delineation/hy- Hampshire for the Northern Forest Heritage Center for the Central New York Cardiac draulic modeling study; Park; Care and Hemodialysis Enhancement Center —$400,000 to Wyoming County, Pennsyl- —$300,000 to the Town of Tamworth, New in Syracuse, New York; vania for a radiological facility at the Tyler Hampshire for the construction of a multi- —$250,000 to the City of Syracuse, New Memorial Hospital in Tunkhannock; service community center; York for renovations to the Media Unit —$500,000 to Calhoon County, South Caro- —$1,000,000 to the Child Health Institute in Building; lina for economic development and infra- New Jersey for development; —$450,000 to the City of Syracuse, New structure improvements; —$550,000 to the Morris County Urban York for the renovation and revitalization of —$300,000 to Carter County, Tennessee for League, New Jersey to support community the Everson Museum; road construction and water infrastructure outreach and child care initiatives; —$1,000,000 to the University of Syracuse in improvements; —$100,000 to the Town of Dover, New Jer- New York for rehabilitation and community —$300,000 to the ArtSpace Victory Arts sey to renovate and establish El Primer redevelopment of the Marshall Street area; Center in Texas for the revitalization of the Paso, an early childhood education center; —$450,000 to the City of Syracuse, New Our Lady of Victory Convent; —$350,000 to the Morris Area Girl Scout York for rehabilitation and conversion of —$350,000 to the City of Lubbock, Texas for Council in Randolph, New Jersey for upgrad- part of the former NYNEX building into a development of the American Wind Power ing facilities at Jockey Hollow campgrounds; parking garage; Center; —$300,000 to the County of Bernalillo, New —$500,000 to Onondaga County, New York —$350,000 to the City of Lubbock, Texas for Mexico to conduct a feasibility study and de- for infrastructure improvements involved in the Texas Aviation Heritage Foundation; sign for the Wheels Museum; the expansion of the New Venture Gear Fa- —$1,000,000 million to the Salt Lake City —$200,000 to the City of Albuquerque, New cility; Organizing Committee for housing infra- Mexico for restoration planning and design —$500,000 to the City of Syracuse, New structure improvements for the Olympics of the Albuquerque Little Theatre; York for renovations to the O.M. Edwards and Paralympics; —$1,000,000 to the Buffalo Economic Ren- Building; —$50,000 to the Town of Shenandoah, Vir- aissance Corporation in New York for the de- —$250,000 to the City of Syracuse, New ginia for the establishment of a comprehen- velopment of the Atlantic Corridor business York for renovations to the Dunbar Center; sive economic development strategy; exchange and education program; —$440,000 to the Village of Weedsport, New —$1,000,000 to Warren County, Virginia for —$345,000 to Wayne County, New York for York for the construction of a water storage asbestos remediation and lead paint removal anti-erosion measures and construction on facility; at the Avtex Superfund Site in Front Royal, Port Bay Barrier Bar; —$150,000 to the City of Auburn, New York Virginia; —$500,000 to the Water Systems Council in for renovation of the Schine Theater; —$500,000 to Fairfax County, Virginia to re- Glenellen, Illinois for rural water infrastruc- —$100,000 to the Village of Newark Valley, vitalize low and moderate income housing; ture; New York for the construction of a new well; —$500,000 to the George Mason University —$155,000 to the Town of Amherst, New —$160,000 to the Town of Victory, New in Virginia to develop and enhance the Na- York for rehabilitation of the Amherst Sen- York for the extension of a water line; tional Center for Technology and the Law; ior Center; —$300,000 to the Town of Elbridge, New —$500,000 to the City of Covington, Wash- —$750,000 to Rural Opportunities, Inc. in York for extension of a water line to provide ington to replace substandard water lines in Rochester, New York for the establishment additional fire protection for the Tessy Plas- the Covington Water District/Timberline Es- of the Rural Opportunities Affordable Hous- tics facility; tate Development; ing Alliance to expand housing opportunities —$500,000 to the Southeastern Otsego —$50,000 to the City of Enumclaw, Wash- in rural communities; Health Center in Worchester, New York to ington for the development of a Welcome —$700,000 to the Port Authority of New enhance their health care facilities; Center Facility; York and New Jersey for construction and —$500,000 to the Dominican College in —$1,000,000 to the National Children’s Ad- dredging of the Arthur Kill at Howland Hook Orangeburg, New York to establish a Center vocacy Center in Huntsville, Alabama for the Marine Terminal; for Health Sciences; establishment of a research and training fa- —$100,000 to the New York City Economic —$600,000 to the New York State Education cility; Development Corporation for the Fifth Ave- and Research Network for support of ad- —$200,000 to Alabama A&M University in nue Reconstruction in Bay Bridge, Brooklyn, vanced application implementation on high Normal, Alabama for the renovation of his- New York; performance networks; toric buildings on the university’s campus; H10010 CONGRESSIONAL RECORD — HOUSE October 13, 1999 —$150,000 to the Children’s Museum of the —$400,000 to the City of Monticello, Florida —$400,000 to the City of Pontiac, Michigan Shoals in Florence, Alabama for the estab- for the refurbishment of the Jefferson Coun- for the renovation and rehabilitation of the lishment of a hands-on discovery museum; ty High School building as a community cen- Strand Theatre; —$125,000 to the Princess Theater in Deca- ter; —$275,000 to Fairview Health Services in tur, Alabama for the renovation and oper- —$1,700,000 to the City of Miami, Florida Elk River, Minnesota for the expansion of ation of the current facility; for the development of a Homeownership the Elk River primary care clinic; —$25,000 to the Limestone County Vet- Zone to assist residents displaced by the —$600,000 to the Minneapolis Urban League eran’s Museum and Archives in Limestone demolition of public housing in the Model City of Minneapolis, Minnesota for planning County, Alabama for establishment of a vet- City area; and construction of a multi-purpose business eran’s museum in the City of Athens, Ala- —$300,000 to the City of Gainesville, Flor- development center in north Minneapolis; bama; ida for the planning, design and implementa- —$100,000 to Better Family Life in St. —$250,000 to the Arizona Science Center in tion of the Depot Avenue Project; Louis, Missouri for construction of a new fa- Yuma, Arizona for its after-school program —$400,000 to the City of Atlanta, Georgia cility; for inner-city youth; for the design and construction of a commu- —$50,000 to the Black World History Wax —$150,000 to the City of Yuma, Arizona for nity center adjacent to the Martin Luther Museum in St. Louis, Missouri for structural its downtown rejuvenation project involving King, Jr. Historic District; renovations and accessibility improvements; the Historic Yuma Theatre; —$350,000 to the City of East St. Louis, Illi- —$100,000 to the Black Repertory Company —$100,000 to the City of Phoenix, Arizona nois for the renovation of the former in St. Louis, Missouri for renovation of a fa- for the Westwood Neighborhood Redevelop- Cannady School into a Vocational Charter cility; ment Project; School; —$250,000 for People’s Health Centers in St. —$250,000 to the Central American Re- —$1,000,000 to the Rush-Presbyterian St. Louis, Missouri for the construction of an el- source Center (CARECEN) in Los Angeles, Luke’s Medical Center in Chicago, Illinois derly day care and physical fitness center; California for the rehabilitation of the Youth for the design, construction and operation of —$1,000,000 to the St. Louis City Depart- and Family Technology and Education Floor a research center for the elderly; ment of Parks, Recreation and Forestry in at its community center; —$250,000 to Black Hawk College in East St. Louis, Missouri for the ongoing restora- —$400,000 to the County of Merced, Cali- Moline, Illinois for the design and construc- tion of Forest Park; fornia for planning for UC-Merced and Uni- tion of a business and continuing education —$500,000 to the St. Louis City Department versity Village; conference center; of Parks, Recreation and Forestry in St. —$400,000 to the City of Culver City, Cali- —$200,000 to the City of Harvey, Illinois to Louis, Missouri for modernization of facili- fornia for construction of the Culver City establish a pilot program for neighborhood ties and restorations at Carondelet Park; Senior Center; stabilization, including demolition of vacant —$200,000 to the Union Station Assistance —$400,000 to the Los Angeles Neighborhood homes, land-banking of vacant properties Corporation in Kansas City, Missouri for Initiative (LANI) for the South Robertson and renovation of occupied homes; construction of the passenger rail services Neighborhood project; —$200,000 to the Illinois International Port facility; —$150,000 to the Carmel Highlands Fire District in Chicago, Illinois for dockwall re- —$200,000 to the City of Jackson, Mis- Protection District, California for the con- pairs at Port of Chicago and Lake Calumet; sissippi for the capitalization of a home struction of a new fire station; —$300,000 to the City of Chicago, Illinois mortgage program for first-time home buy- —$150,000 to the City of Hollister, Cali- for the South Chicago Housing Initiative at ers; fornia for the construction of a new fire sta- the former USX South Works site; —$200,000 to the City of Jackson, Mis- tion; —$200,000 to the Village of Chicago Ridge, sissippi for the capitalization of a home im- —$200,000 to the City of Alhambra, Cali- Illinois for the construction of a municipal provement loan program; —$400,000 to Greene County Health Care in fornia for the Fire Station Training Center law enforcement complex; Snow Hill, North Carolina for facility en- Project; —$200,000 to the Township of Stickney, Illi- —$100,000 to the City of Norwalk, Cali- nois for the renovation of the Stickney hancements; —$250,000 to the Town of Navassa, North fornia for construction of a new senior cit- Township North Clinic; —$400,000 to Wyatt Community Life Center Carolina for the construction of a commu- izen center; nity center; —$200,000 to the City of Maywood, Cali- in Chicago, Illinois for health, education and —$600,000 to the City of Durham, North fornia for the design and construction of a job training needs of underserved popu- Carolina for the Durham Regional Finance community center for at-risk youth and sen- lations; —$200,000 to the City of Elkhart, Indiana Center to acquire and renovate office space; iors; for the continuation of the Building the —$250,000 to the Town of Chapel Hill, North —$10,000 to the City of Los Angeles Cul- American Dream initiative; Carolina for the activities of the Community tural Affairs Department in Los Angeles, —$500,000 to the Town of Griffith, Indiana Land Trust in Orange County; California for the Chinatown Gateway for stormwater and sewer separation; —$250,000 to the Community Reinvestment Project to build an archway in Chinatown; —$100,000 to Northern Kentucky University Association of North Carolina in Raleigh, —$80,000 to the City of Los Angeles, Cali- in Highland Heights, Kentucky for the pur- North Carolina for economic literacy activi- fornia for the redevelopment of the Sears chase of computers, books and supplies at ties; and Prison Industrial sites in the downtown the Urban Learning Center; —$200,000 to the Eagle Village Community area; —$500,000 to the City of Boston, Massachu- Development Corporation in Durham, North —$100,000 to The East Los Angeles Commu- setts for redevelopment in the historic Carolina for community development activi- nity Union (TELACU) in Los Angeles, Cali- Tremont Street midtown area; ties; fornia for the renovation of a sixty-acre in- —$400,000 to the Springfield Library and —$200,000 for the Park Performing Arts dustrial park; Museum Association in Springfield, Massa- Center in Union City, New Jersey for facili- —$10,000 to the Los Angeles County Com- chusetts for construction and infrastructure ties renovation; munity Development Commission in Los An- improvement needs related to a national me- —$300,000 to the City of Newark, New Jer- geles, California for a telemedicine program morial and park honoring Theodor Geisel; sey for the restoration and beautification of in the east Los Angeles area; —$250,000 to the Greater Holyoke YMCA in area urban parks; —$300,000 to the City of San Leandro, Cali- Holyoke, Massachusetts for the continuation —$1,000,000 to Little Flowers Children’s fornia for the Gateway to the East Bay Ini- of the Expanding Horizons Downtown for Services in Wading River, New York for con- tiative; Children and Families capital campaign; struction of residential colleges and for edu- —$100,000 to the Pacific Union College in —$250,000 to Hampshire College in Am- cational and therapeutic services to children Angwin, California for the Napa Valley Re- herst, Massachusetts for construction of the who have been separated from their parents; source Center job training program; National Center for Science Education; —$400,000 to the City of Kingston, New —$400,000 to the Sacramento Housing and —$500,000 to the University of Maryland in York for the rehabilitation and renovation of Redevelopment Agency in Sacramento, Cali- College Park, Maryland for the renovation of its City Hall; fornia for the rehabilitation of the Franklin the James McGregor Burn Academy of Lead- —$950,000 for the Town of Tonawanda, New Villa housing development; ership; York, for construction of low-income and —$500,000 to the City of New Haven, Con- —$100,000 to the Bowie-Crofton Business mixed income housing, giving priority to the necticut for the restoration and rehabilita- and Professional Women’s (BPW) Choices Blind Association of Western New York for tion of the West River Memorial Park; and Challenges Program in Bowie, Maryland construction of low-income and mixed in- —$200,000 to the Mystic Seaport in Mystic, for the purchase of computers, educational come housing for physically disabled per- Connecticut for the design and construction software and other educational materials; sons; of the American Maritime Education and Re- —$600,000 to Macomb Township, Michigan —$500,000 to the City of New Rochelle, New search Center; for site preparation, site development and York for streetscape improvements to North —$300,000 to Building Bridges Across the equipment purchase related to Waldenburg Avenue; River in Washington, District of Columbia Park; —$200,000 to the New York Foundation for for the continued development and construc- —$600,000 to the City of St. Clair Shores, Senior Citizens for construction of an 89 unit tion of a recreation and performing arts cen- Michigan for enhancement of the Jefferson senior citizens apartment complex in New ter in Ward 8; Avenue corridor; York County, New York; October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10011 —$400,000 to the Bronx Museum of the Arts —$400,000 to Lee County, South Carolina —$300,000 to the Marion County Camp in New York, New York for infrastructure for the renovation of the old Ashwood School Board Association in Marion County, West improvements, construction, renovation, op- into a community center; Virginia for facilities enhancement at Camp eration and facility upgrades; —$100,000 to the Town of Santee, South Mar-Mac; —$150,000 to the Mount Hope Housing Com- Carolina for construction of the Santee Cul- —$1,000,000 to the City of Shinnston, West pany in New York, New York for renovation tural Arts and Visitor’s Center; Virginia for design and construction of city of a multi-use community center; —$250,000 to the Memphis Zoo in Memphis, park facilities; —$150,000 to the New York City Depart- Tennessee for the Northwest Passage Cam- —$500,000 to the Mid-Atlantic Aerospace ment of Parks and Recreation in New York, paign; Complex in Bridgeport, West Virginia for New York for phase three of the rebuilding —$400,000 to the City of Waco, Texas for economic development efforts; and restoration of Joyce Kilmer Park in unmet housing needs; —$300,000 to the Institute for Software Re- South Bronx, New York; —$400,000 to the Natural Gas Vehicle Coali- search in Fairmont, West Virginia for cap- —$170,000 to the David Hochstein Memorial tion in Arlington, Virginia for expansion of ital equipment, operational expenses and Music School in New York for renovations the Airport-Alternative Fuel Vehicle Dem- program development; —$100,000 to the St. Louis County Port Au- and equipment related to a historic church onstration Project to Dallas-Fort Worth Air- thority for the remediation of the National sanctuary to serve as a performance hall; port and other locations nationally; Lead Site; —$80,000 to the Rochester Association of —$150,000 to the Acres Home Citizen’s —$500,000 for the City of Union for infra- Performing Arts, School of Performing Arts Chamber of Commerce in Houston, Texas for structure improvements to the Union Cor- in New York for restoration and renovation services provided through the Acres Home of the School; porate Center, Missouri; Consortium; —$1,000,000 for City of Knoxville, Tennessee —$200,000 to the City of Dayton, Ohio for —$50,000 to the South Dallas Fairpark land acquisition for the Tool Town precision for economic development training for low- Inner City Community Development Cor- income people; metalworking park; poration in Dallas, Texas for community —$700,000 for the Minnesota Housing Fi- —$1,400,000 to the City of Toledo, Ohio for housing development programs; nance Agency for the preservation of feder- improvements to central city neighborhoods —$50,000 to the Southfair Community De- ally assisted low-income housing at risk of and rejuvenation near the downtown historic velopment Corporation in Dallas, Texas for being lost as affordable housing; commercial district, in cooperation with community housing development programs; —$1,700,000 for the Sheldon Jackson Col- area not-for-profit community development —$100,000 to the West Dallas Neighborhood lege Auditorium in Sitka, Alaska for refur- corporations; Development Corporation in Dallas, Texas bishing; —$700,000 to the Ohio Department of Devel- for community housing development pro- —$250,000 for Northern Initiatives in the opment in Columbus, Ohio for the Safe grams; Upper Peninsula of Michigan for the capital- Water Fund and rural development initia- —$250,000 to Arlington-Alexandria Coali- ization of a training endowment fund; tives including cultural arts centers in tion for the Homeless (AACH) in Arlington, —$1,500,000 for Focus HOPE for the expan- Lucas, Fulton, Wood and Ottawa Counties, Virginia for the purchase of the property sion of its Machinist Training Institute in Ohio; that houses its Community Resource Center; Detroit, Michigan; —$200,000 to the City of Detroit, Oregon for —$250,000 to the Borromeo Housing Foun- —$1,000,000 for the construction of a fire sewer system design engineering in coopera- dation in Arlington, Virginia to establish a station project in Logan, Utah; tion with the City of Idanha, Oregon; permanent Second Chance Home for unwed —$900,000 for Ogden, Utah for downtown re- —$200,000 to the Regional Industrial Devel- mothers; development; opment Corporation of Southwestern Penn- —$200,000 to the Campagna Center in Alex- —$750,000 for Billings, Montana for the re- sylvania’s Growth Fund in Pittsburgh, Penn- andria, Virginia to support the This Way development of the Billings Depot; sylvania for asbestos abatement and removal House program; —$900,000 for Libby, Montana for the con- of blast furnace stocks located on the —$250,000 to the City of Virginia Beach, struction of a community center; —$1,000,000 for Mississippi State University Duquesne and McKeesport brownfield sites in Virginia for the Virginia Marine Science Mu- for the renovation of buildings; Allegheny County, Pennsylvania; seum’s Phase III expansion plan; —$200,000 to the Schuylkill County Fire —$1,200,000 for the City of Madison, Mis- —$300,000 to the Admiral Theater Founda- sissippi to renovate a gateway to historic Fighters Association for a smoke-maze tion in Bremerton, Washington for con- building on the grounds of the firefighters fa- downtown Madison; tinuing renovations and improvements at —$900,000 for Providence, Rhode Island for cility in Morea, Pennsylvania; the Admiral Theatre; —$300,000 to the City of Nanticoke, Penn- the renovation of the Providence performing —$100,000 to the City of Tacoma, Wash- sylvania for economic development initia- Arts Center; ington for supplementation of the Tacoma tives; —$1,000,000 for the Bidwell Industrial De- Housing Trust Fund; —$500,000 to Camp Kon-O-Kwee/Spencer velopment Corporation the Harbor Gardens —$400,000 to the City of Madison, Wis- YMCA camp in Beaver County, Pennsylvania development project; consin for affordable housing initiatives; for construction of a wastewater treatment —$500,000 for Philadelphia, Pennsylvania —$900,000 to the West Virginia School of facility; for the expansion of the Pennsylvania Con- —$350,000 to Rostraver Township, West- Osteopathic Medicine Foundation in vention Center; moreland County, Pennsylvania for waste- Lewisburg, West Virginia for the construc- —$1,000,000 for the City of Jackson, Mis- water infrastructure upgrades and extension tion of a multi-use museum and cultural sissippi to create a housing rehabilitation program; of sanitary sewer lines into previously education center; —$650,000 for Monessen, Pennsylvania for unserved areas; —$900,000 to the Southern West Virginia the development of a business development —$540,000 to the Cambria County Commis- Community and Technical College in and support facility; sioners in Cambria County, Pennsylvania for Williamson, West Virginia for the construc- tion, equipping and furnishing of a library; —$800,000 for the City of Wilkes-Barre for the design and construction of a recreation downtown revitalization; facility in northern Cambria County; —$250,000 to the Berkeley County, West Virginia Commission for the Historic Balti- —$500,000 for the Friends of the Capitol —$260,000 to the Fort Ligonier Association Theater for the renovation of the Capitol in Westmoreland County, Pennsylvania for more and Ohio Roundhouse Renovation Project; Theater in Dover, Delaware; restoration of Fort Ligonier; —$2,000,000 for the Idaho Bureau of Dis- —$500,000 to the Indiana County Commis- —$225,000 to the Gilmer County, West Vir- ginia Commission for a museum and cultural aster Services for the restoration of Milo sioners in Indiana, Pennsylvania for rehabili- Creek; education center; tation of the downtown area; —$500,000 for the Clearwater Economic De- —$500,000 to the Gilmer County, West Vir- —$300,000 to Mount Aloysius College in velopment Association for planning for the ginia Commission for the planning and con- Cresson, Pennsylvania for the restoration of Lewis and Clark Bicentennial celebration; a historic boiler house; struction of a senior center; —$1,000,000 for the Developmental Disabil- —$500,000 to Fallingwater in Mill Run, —$225,000 to the Calhoun County, West Vir- ities Resource Center to provide services to Pennsylvania for rehabilitation of concrete ginia Commission for a museum and cultural persons with disabilities in the Front Range cantilevers; education center; area of Colorado; —$500,000 to the Johnstown Area Heritage —$700,000 to the Kanawha County, West —$600,000 for the City of Montrose, Colo- Association in Johnstown, Pennsylvania for Virginia Commission for the activities of the rado to develop affordable, low-income hous- facilities renovation and exhibition develop- Upper Kanawha Valley Enterprise Commu- ing; ment; nity; —$1,400,000 for the Columbia/Adair County —$250,000 to the University of Puerto Rico —$2,000,000 to the Vandalia Heritage Foun- Industrial Development Authority in Ken- (UPR) for the renovation and restoration of dation for promotion of community and eco- tucky for infrastructure development for the the UPR Theater; nomic development; Columbia/Adair County Industrial Park De- —$500,000 to the Berkeley-Charleston-Dor- —$1,150,000 to the City of Fairmont, West velopment; chester Council of Governments for planning Virginia to be distributed as follows: —$800,000 for the University of Findlay in and construction of the Parkers Ferry Com- $1,000,000 to the Fairmont Community Devel- Ohio to expand its National Center for Excel- munity Center in Charleston County, South opment Partnership, and $150,000 to the lence in Environmental Management facil- Carolina; Women’s Club of Fairmont; ity; H10012 CONGRESSIONAL RECORD — HOUSE October 13, 1999 —$500,000 for MSU-Billings in Billings, —$1,300,000 for the City of Fort Worth, —$1,500,000 for the University of Maryland- Montana for the development of a business Texas for building renovation associated Eastern Shore in Princess Anne, Maryland development and support facility; with the development of the Fort Worth for the development of a Coastal Ecology —$500,000 for the City of Brookhaven, Mis- Medtech Center; Teaching and Research Center; sissippi to renovate historic Whitworth Col- —$1,000,000 for the Southwest Collaborative —$1,500,000 for Prince Georges County, lege buildings and related improvements; for Community Development for low-income Maryland for the revitalization of the Route —$1,500,000 for the Bethel Pre-Maternal housing and economic development in the 1 corridor; Home in Bethel, Alaska for expansion; southwest border area of Texas; —$250,000 for the Hampden/Hampshire —$3,500,000 for the University of Alaska —$750,000 for Houston, Texas to establish a Housing Partnership Loan Fund in western Fairbanks Museum in Fairbanks, Alaska; Distance Learning Center as part of a ‘‘cam- Massachusetts for the development of afford- —$1,200,000 for Forum Health of Youngs- pus park’’ redevelopment in the Stella Link able housing; town, Ohio for a hospital conversion project; community; —$250,000 for the City of Lowell, Massachu- —$2,200,000 for the Pacific Science Center —$1,650,000 for Farmington, New Mexico setts for downtown redevelopment; for the construction of the Mercer Slough for the renovation of Ricketts Field; —$250,000 for the City of Lawrence, Massa- Environmental Education Center; —$1,000,000 for New Mexico Highlands Uni- chusetts for the City of Lawrence Loan and —$1,000,000 for the Tacoma Art Museum in versity for its Science and Engineering Com- Investment Program; Tacoma, Washington for expansion; plex; —$500,000 for the Boys & Girls Club of Bos- —$300,000 for the Portsmouth, New Hamp- —$800,000 for the National Institute for ton in Chelsea, Massachusetts for construc- shire City Housing Authority for the devel- Community Empowerment for its capacity tion of a clubhouse; opment of a multiple use recreation and building efforts in underserved communities; —$500,000 for Assumption College in learning center; —$250,000 for the City of Santa Ana, Cali- Worcester, Massachusetts for construction of —$300,000 for the City of Concord for com- fornia for the establishment of the IDEA the Lieutenant Joseph P. Kennedy, Jr. Me- munity and neighborhood improvements; center; morial Science and Technology Center; —$100,000 for the City of Nashua, New —$750,000 for the First AME Church in Los —$250,000 for the City of Pontiac, Michigan Hampshire for a river front project; Angeles, California for the development of a for economic development activities; —$75,000 for the Manchester Neighborhood business incubator; —$500,000 for City of Flint, Michigan for Housing Services in Manchester, New Hamp- —$750,000 for the City of Riverside, Cali- economic development activities; shire; fornia for the development of Citrus Park; —$1,000,000 for the Minnesota Indian Pri- —$200,000 for Vergennes, Vermont for the —$500,000 for the City of Inglewood, Cali- mary Residential Treatment Center in Saw- renovation and expansion of the Vergennes fornia for the construction of a senior cen- yer, Minnesota for the adolescent treatment Opera House; ter; center; —$1,000,000 for the renovation and expan- —$750,000 for the City of San Francisco, —$500,000 for the Research Development sion of the Flynn Theatre in Burlington, California for the redevelopment of the La- Enterprise in Missoula, Montana for the ad- Vermont; guna Honda Assisted Living/Housing for Sen- vancement of university research activities; —$500,000 for the Panhandle Community —$75,000 for the French Hill Neighborhood iors; Housing Services in Nashua, New Hampshire; —$250,000 for the Southside Institutions Service in Scottsbluff, Nebraska for the con- —$75,000 for the Concord Area Trust for Neighborhood Alliance in Hartford, Con- struction of an early childhood development Community Housing in Concord, New Hamp- necticut for downtown renovation; center; shire; —$250,000 for the University of Connecticut —$1,750,000 for the University of Nevada in —$375,000 for the Town of Winchester, New for the construction of a biotechnology facil- Reno, Nevada for the Structures Laboratory; —$250,000 for Henderson, Nevada for down- Hampshire to tear down an old leather tan- ity; town redevelopment; nery; —$1,500,000 for Fairfield University for the —$600,000 for the Boys & Girls Club of Las —$2,500,000 for the Kansas City Liberty Me- Information Technology Center, Fairfield, Vegas, Nevada for the renovation and expan- morial renovation and restoration; Connecticut; sion of existing facilities; —$1,500,000 for the American National Fish —$500,000 for the Mark Twain House Visi- —$250,000 for Willingboro, New Jersey for and Wildlife Museum in Springfield, Missouri tor’s Center in Hartford, Connecticut; the revitalization of the Central Business for construction; —$500,000 for the Bushnell Theater, Hart- —$100,000 for the City of Claremont, New Center; ford, Connecticut for renovation efforts; —$500,000 for Plainfield, New Jersey for the Hampshire to upgrade and repair their public —$700,000 for Bethune-Cookman College in redevelopment of the Teppers building; parks service; Daytona Beach, Florida for the development —$200,000 for Trenton, New Jersey for the —$75,000 for the Laconia Area Community of a community services student union; renovation of the YWCA’s indoor swimming Land Trust in Laconia, New Hampshire; —$500,000 for Spelman College in Atlanta, pool; —$200,000 for the Town of Barre, Vermont Georgia for renovation of the Spelman Col- —$500,000 for Gloucester County, New Jer- for the construction of a business incubator lege Science Center; sey for downtown revitalization; building in the Wilson Industrial Park; —$1,150,000 for the City of Moultrie, Geor- —$1,000,000 for Children’s House Hacken- —$400,000 for Housing Vermont to con- gia for environmental mitigation and rede- sack University Medical Center in Hacken- struct affordable housing in Bellows Falls, velopment of the Swift Building; sack, New Jersey for expansion; Vermont; —$150,000 for the County of Maui, Hawaii —$250,000 for Belen, New Mexico for the de- —$200,000 for the Vermont Center for Inde- to assist the Island of Molokai for capacity velopment of a recreation center; pendent Living for its Home Access program; development related to its status as an En- —$250,000 for Arroyo Seco Youth Center —$100,000 for the Bennington Museum in terprise Community; Hands Across Culture Corporation, New Mex- Bennington, Vermont; —$1,000,000 for Honolulu, Hawaii to imple- ico; —$600,000 for the Vermont Rural Fire Pro- ment the Kahuku Drainage Plan; —$500,000 for the Esperanza Domestic Vio- tection Task Force for the purchase of equip- —$350,000 for the Maui Family Support lence Shelter in northern New Mexico for ment; Services, Inc. for the creation of an early homeless services; —$900,000 for the Home Repair Collabo- childhood center in Maui County, Hawaii; —$500,000 for the Court Youth Center in rative in Indianapolis, Indiana for the repair —$500,000 for Wailuku, Hawaii for revital- Dona Ana County, New Mexico for renova- of low-income housing; ization efforts; tion of their youth center; —$1,900,000 for the City of Montgomery, —$500,000 for the City of Waterloo, Iowa for —$750,000 for the New York Public Li- Alabama for the redevelopment of its river- the development of affordable, low-income brary’s Library for the Performing Arts for front area; housing; renovations; —$1,500,000 for the planning and construc- —$500,000 for Des Moines, Iowa for south of —$1,000,000 for Rural Economic Area Part- tion of a regional learning center at Spring downtown redevelopment; nership Zones in North Dakota; Hill College in Montgomery, Alabama; —$500,000 for the Muscatine Center for —$850,000 for Turtle Mountain Economic —$1,500,000 for the Donald Danforth Plant Strategic Action in Wilton, Iowa for the op- Development and Education Complex in Science Center for the development of a eration of a nonprofit modular housing fac- North Dakota; greenhouse complex; tory; —$500,000 for the City of Providence, Rhode —$500,000 for Calhoun Community College, —$1,000,000 for Sioux City, Iowa for the re- Island for the Nickerson Community Center Advance Manufacturing Center in Decatur, development of the Sioux City Stockyards; for an assisted living facility for homeless Alabama for the development of an advanced —$550,000 for Audubon Institute Living veterans; manufacturing center; Sciences Museum for the restoration of a —$100,000 for the South Providence Devel- —$500,000 for the Clay County Courthouse New Orleans, Louisiana, Customs House; opment Corporation in Providence, Rhode Is- rehabilitation project in Clay County, Ala- —$500,000 for Dillard University in New Or- land for a child care facility; bama; leans, Louisiana for assisting persons in the —$2,000,000 for the Spartanburg School for —$1,800,000 for the renovation of Bates Mill transition from welfare to work; the Deaf and the Blind in Spartanburg, in Lewiston, Maine; —$250,000 for the National Center for the South Carolina for a new dormitory; —$800,000 for Coastal Enterprises, Inc for Revitalization of Central Cities, New Orle- —$500,000 for the University of South Caro- rural economic development and housing ini- ans, Louisiana for the development of rede- lina School of Public Health to consolidate tiatives in Kennebec and Somerset Counties; velopment strategies; its programs in a new central location; October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10013 —$1,000,000 for the University of South Da- —$250,000 for the Reedsport, Oregon for the a new dollar amount because of uncertain- kota, in Vermillion, South Dakota for the expansion of exhibits and educational pro- ties regarding the precise cost. The con- expansion of Medical School research facili- grams at Umpqua Discovery Center; ference report also includes language pro- ties; —$1,000,000 for the Redevelopment Agency posed by the Senate restricting HUD from —$100,000 for the City of Flandreau, South of Salt Lake City, Utah for the redevelop- adding certain conditions to grants for serv- Dakota for infrastructure improvements and ment of the Gateway District; ice coordinators and congregate services. economic development activities; —$500,000 for the Boys and Girls Club for Deletes report language proposed by the —$100,000 for the City of Garretson, South the development of a Boys and Girls Club fa- Senate and not included by the House direct- Dakota for infrastructure improvements and cility in Brownsville, Texas to serve at-risk ing HUD to report on all projects funded economic development activities; youth; under EDI grants awarded independently by —$100,000 for the City of Hot Springs, —$500,000 for the City of Beaumont, Texas HUD. South Dakota for redevelopment activities; to renovate the L. L. Melton YMCA to pro- Deletes report language proposed by the —$100,000 for the City of Sisseton, South vide services to low-income families; Senate and not included by the House direct- Dakota to make infrastructure improve- —$1,000,000 for the Discovery Place Mu- ing HUD to conduct a close-out review of ments at an industrial site in the commu- seum in Charlotte, North Carolina for mod- each EDI grant within five years of funding. nity; ernization and program costs; Adds language proposed by the House au- —$250,000 for the City of Aberdeen, South —$500,000 for the American Cave and Karst thorizing YouthBuild to engage in capacity Dakota for a community child daycare cen- Center in Horse Cave, Kentucky; building activities. ter; —$900,000 for the Madison County Eco- The conferees continue to expect —$100,000 for the North Sioux City Eco- nomic Development Authority for the devel- Youthbuild programs to leverage private nomic Development Corporation in North opment of the Central Mississippi Industrial capital. This requirement emphasizes the Sioux, South Dakota for the construction of Center in Madison, Mississippi; value of local commitments as a state in an industrial park; —$500,000 for the Borden Development Alli- these programs as well as additional re- —$650,000 for Burlington, Vermont for ance to develop strategies and promote eco- sources available to assist in expansion. downtown redevelopment; nomic development in the United States- Inserts language proposed by the Senate —$500,000 for the Kellog-Hubbard Library Mexico border region; and not included by the House to perma- in Montpelier, Vermont for renovation and —$1,000,000 for the Center for Science and nently transfer the New York Small Cities expansion; Technology in Idaho Falls, Idaho for start-up program to the State of New York. If, how- —$350,000 for Brattleboro, Vermont for costs to develop technology transfer and ever, the program is not operating smoothly downtown redevelopment; business development within Idaho; and effectively after one year, HUD may sub- —$750,000 for Chittenden County, Vermont —$250,000 for the Thomas Jefferson Agri- mit legislation to transfer the program back for the development of affordable low-income cultural Institute in Missouri to develop pro- to the Department. The conferees will be fol- housing; grams supporting farmers and rural commu- lowing the results of this transfer and its im- —$250,000 for Lake Champlain Science Cen- nities through diversification and value- plementation at the state level. ter, Burlington, Vermont; added economic development; The conferees note that the Governor of —$150,000 for the Southwest Virginia Gov- —$250,000 for the Hundley-Whaley tele- New York has stated that ‘‘. . . New York ernor’s School for Science, Mathematics and communications resource center in Albany, has taken the necessary steps as set out by Technology for improvements; Missouri; law and precedent to begin the transfer of —$500,000 for the Accomack-Northampton —$350,000 for infrastructure and develop- this program from HUD to the State. In ad- Planning District Commission for economic ment activities associated with new housing dition, the State has proposed an appropriate development on the Eastern Shore of Vir- in Moscow Mills, Missouri; structure to administer the program and we ginia; —$300,000 for Kirksville, Missouri down- —$250,000 for an Achievable Dream in New- have implemented an extensive consultation town redevelopment activities; and public outreach process through which port News, Virginia to help at-risk youth; —$350,000 to Maysville, Missouri for drink- —$500,000 for the Fremont Public Associa- numerous citizens, local government and or- ing water infrastructure improvements; ganizations participated in development of tion in Seattle, Washington for construction —$250,000 to Moberly, Missouri for costs related to its Community Resource the comprehensive plan for our administra- streetscape and curb improvements; tion of the program.’’ Center; —$500,000 to the Northeast Community Ac- —$500,000 for the Puget Sound Center for The conferees direct that this transfer tion Corporation of Missouri for low-income Teaching, Learning and Technology in Se- shall not affect any awards made by HUD rural housing; prior to the enactment of these provisions, attle, Washington; —$250,000 to the Missouri Agriculture and —$200,000 for the University of Charleston including multi-year awards, provided the Small Business Development Authority to in West Virginia for a basic skills and assess- awardee remains in compliance with all con- complete market development activities ment lab; tract terms and applicable regulations. HUD that relate to beef and pork cooperative —$600,000 for Shepherd College in is directed to continue to administer those processing capacity such as in Macon, Mis- Shepherdstown, West Virginia for the ren- awards that are under contract but have not souri; ovation of Scarborough Library; yet been closed out. Furthermore, the con- —$500,000 for Anchorage, Alaska United —$4,000,000 for Wheeling Jesuit University ferees delete bill language conditioning Way for rehabilitation of a community serv- in Wheeling, West Virginia for the construc- award of other Small Cities funds on this ices building; tion of a science/computer teaching center; transfer and clarify that only the Small Cit- —$500,000 for the Town of Kimball, West —$500,000 for the Sitka Pioneer Home in ies program for New York State is trans- Virginia for the restoration of the Kimball Sitka, Alaska for rehabilitation; ferred. —$100,000 to the University of Maryland— War Memorial; Baltimore County for an environmental cen- BROWNFIELDS REDEVELOPMENT —$300,000 for Bethany College, in Bethany, Appropriates $25,000,000 for brownfields re- West Virginia for the creation of a health ter; —$600,000 to East Northport in Long Island, development, as proposed by the Senate in- and wellness center; stead of $20,000,000 as proposed by the House. —$200,000 for West Virginia State College New York for construction of a sewage treat- to assist in creating a computer library; ment facility; HOME INVESTMENT PARTNERSHIPS PROGRAM —$2,000,000 for the Center for the Arts & The conference report includes $55,000,000 Appropriates $1,600,000,000 for the HOME Sciences of West Virginia for the construc- for the Resident Opportunity and Supportive program, as proposed by the Senate instead tion of a theater/planetarium; Services (ROSS) program, as proposed by of $1,580,000,000 as proposed by the House. —$500,000 for the City of Milwaukee, Wis- both the House and the Senate, but deletes Includes $15,000,000 for housing counseling, consin for its Metcalfe Neighborhood Rede- the specific $10,000,000 amount allocated by instead of $7,500,000 as proposed by the House velopment Initiative; both the House and Senate within this item and $20,000,000 as proposed by the Senate. —$250,000 for the City of Beloit, Wisconsin for grants for service coordinators and con- Includes $5,000,000 for information systems for urban renewal activities; gregate housing services for the elderly and as proposed by the House instead of no fund- —$500,000 for the City of Milwaukee, Wis- disabled. Rather, the conferees direct the De- ing as proposed by the Senate. consin for redevelopment activities in the partment to use sufficient funds within the Includes an earmark of $2,000,000 for the Menomonee River Valley. Milwaukee, Wis- ROSS program to renew all expiring service National Housing Development Corporation, consin may transfer up to $200,000 of these coordinator and congregate services grants to demonstrate innovative methods of pre- funds to its Metcalfe Neighborhood Redevel- (except those for which renewal is not con- serving affordable housing. The funding is in- opment Initiative; sidered appropriate due to poor performance, tended to be used for start-up costs, oper- —$4,000,000 for the City of Hot Springs, Ar- lack of continuing need, or similar cir- ating expenses, and working capital. kansas for the construction and hillside sta- cumstances), other than those for which re- The conferees reiterate language included bilization of the Downtown Hot Springs Na- newal funding is made available elsewhere in in the fiscal year 1999 conference report di- tional Park parking facility; this conference report. The conferees under- recting HUD to develop a process for meas- —$1,000,000 for Lewis and Clark College in stand that the amount needed for these re- uring the performance of housing counseling Portland, Oregon for construction and pro- newals exceeds the $10,000,000 allocated by agencies, and urge HUD to incorporate per- gram activities at Bicentennial Hall; the House and Senate, but have not inserted formance measurement requirements into H10014 CONGRESSIONAL RECORD — HOUSE October 13, 1999 future Notices of Funding Availability for Deletes language proposed by the Senate progress of the initiative; strategies to sus- the housing counseling program. Unless HUD prohibiting HUD or the FHA from discrimi- tain resident involvement in the program provides solid information concerning the nating between public and private elemen- and to overcome other potential obstacles, uses of these funds and the performance of tary and secondary school teachers. The which the report should identify; future grantees, the conferees will reluctantly con- House did not include a similar item. The areas of opportunity for the program, includ- sider making further reductions in the hous- conferees note, however, that HUD should ing possible partnerships with non-profit or- ing counseling program in future years. make FHA mortgage insurance advantages ganizations and other Federal agencies; and HOMELESS ASSISTANCE GRANTS available to any teacher regardless of school the effectiveness of the initiative relative to Appropriates $1,020,000,000 for homeless as- affiliation. the mission and goals of the Department as The conferees are aware that the Secretary sistance grants as proposed by the Senate in- specified in the strategic and annual oper- of Housing and Urban Development, pursu- stead of $970,000,000 as proposed by the ating plan. ant to the Federal Housing Enterprises Fi- House. GOVERNMENT NATIONAL MORTGAGE Inserts language requiring at least 30% of nancial Safety and Soundness Act of 1992 ASSOCIATION (Title VIII, P.L. 102–550), has announced the the appropriation be directed to permanent GUARANTEES OF MORTGAGE-BACKED SECURITIES intention to publish for comment a proposed housing, as proposed by the Senate. The LOAN GUARANTEE PROGRAM ACCOUNT rule implementing new affordable housing House did not include this item. (INCLUDING TRANSFER OF FUNDS) Inserts language requiring a 25% match by goals for Freddie Mac and Fannie Mae. In Appropriates $9,383,000 for administrative grantees for funding for services, as proposed light of the extraordinary increase in the expenses as proposed by the House instead of by the Senate. The House did not include proposed goal, the conferees expect the Sec- $15,383,000 as proposed by the Senate. this item. retary to consider the following: Inserts language proposed by the House re- Inserts language proposed by the Senate First, the stretch affordable housing ef- quiring expenses to be derived from receipts directing HUD to review any previously obli- forts required of each of Freddie Mac and from GNMA guarantees of mortgage backed gated amounts of assistance, and to Fannie Mae should be equal, so that both en- securities (MBS). The Senate did not include deobligate the funds if the contracts are un- terprises are similarly challenged in attain- this item. likely to be performed. The House did not in- ing the goals. This will require the Secretary Inserts language making a technical cor- clude this item. to recognize the present composition of each rection to bill language as proposed by the The conferees agree with report language enterprise’s overall portfolio in order to en- House and stricken by the Senate. proposed by the Senate and not included by sure regulatory parity in the application of the House directing HUD to ensure that regulatory guidelines measuring goal com- POLICY DEVELOPMENT AND RESEARCH State and local jurisdictions pass on at least pliance. Second, any new affordable housing RESEARCH AND TECHNOLOGY 50% of all administrative funds to the non- goal regulations must recognize that attain- Appropriates $45,000,000 for research and profit organizations administering the home- ment of materially higher goals will be technology, instead of $42,500,000 as proposed less assistance programs. largely dependent on the continuation of the by the House and $35,000,000 as proposed by current economic conditions that are very HOUSING PROGRAMS the Senate. favorable for housing affordability. Deterio- HOUSING FOR SPECIAL POPULATIONS Includes $10,000,000 for the PATH program, ration in these conditions likely would instead of $7,500,000 as proposed by the Appropriates $911,000,000 for housing for render stretch goals infeasible within the in- House. The Senate did not include a similar special populations as proposed by the Sen- tent of the 1992 legislation. item. Additionally, $500,000 is for the Elderly ate instead of $854,000,000 as proposed by the The fiscal year 1999 Appropriations Act Housing Commission, which is authorized in House. contained a provision that imposed treble title V of this Act. Includes $710,000,000 for section 202 housing damages on FHA lenders who fail to provide The conferees expect the PATH program to for the elderly as proposed by the Senate in- loss mitigation actions. The conferees are include coordination on cold climate housing stead of $660,000,000 as proposed by the concerned with how this provision will be research with the Cold Climate Housing Re- House. implemented and encourage HUD to promul- search Center in Fairbanks, Alaska. Includes $201,000,000 for section 811 housing gate very specific regulations to clearly de- FAIR HOUSING AND EQUAL OPPORTUNITY for the disabled as proposed by the Senate fine actions that are considered loss mitiga- instead of $194,000,000 as proposed by the tion. Furthermore, the conferees urge HUD FAIR HOUSING ACTIVITIES House. to withhold imposing severe penalties under Appropriates $44,000,000 for fair housing ac- Inserts language proposed by the Senate this provision until such times as regula- tivities, instead of $40,000,000 as proposed by and not included by the House that, of the tions are in place and the authorizing com- the Senate and $37,500,000 as proposed by the funds appropriated for the section 202 pro- mittees have had time to review the impact House. gram, $50,000,000 shall be for service coordi- these penalties will have on the FHA lending Of the total amount provided in the con- nators and existing congregate services program. ference agreement, $24,000,000 is for the Fair grants, and $50,000,000 shall be for the costs FHA—GENERAL AND SPECIAL RISK PROGRAM Housing Initiatives Program (including $6 of converting existing section 202 projects to ACCOUNT million for continuation of the nationwide assisted living facilities. Grants for conver- audit to determine the extent of discrimina- (INCLUDING TRANSFERS OF FUNDS) sion of buildings to assisted living facilities tion in housing rental and sales) and are to be administered under provisions of Appropriates $144,000,000 for administrative $20,000,000 is for the Fair Housing Assistance title V of this Act. For fiscal year 2000, funds contract expenses as proposed by the Senate. Program. The House did not include this item. are not provided for any capital repairs but OFFICE OF LEAD HAZARD CONTROL are limited to conversions only. Deletes language proposed by the Senate The conferees note that title V of this bill prohibiting HUD or the FHA from discrimi- LEAD HAZARD REDUCTION includes reforms to the elderly and disabled nating between public and private elemen- (INCLUDING TRANSFERS OF FUNDS) housing programs. These reforms will enable tary and secondary school teachers. The Appropriates $80,000,000 for lead hazard re- the programs to work more efficiently and House did not include a similar item. duction, as proposed by the Senate instead of effectively. Inserts language proposed by the Senate $70,000,000 as proposed by the House. making previously appropriated amounts FEDERAL HOUSING ADMINISTRATION Of the amount, $10,000,000 is for the available despite the expiration of the Healthy Homes Initiative as proposed by the FHA—MUTUAL MORTGAGE INSURANCE PROGRAM amounts. Senate instead of $7,500,000 as proposed by ACCOUNT Inserts language making a technical cor- the House. (INCLUDING TRANSFERS OF FUNDS) rection as proposed by the House and strick- Inserts language proposed by the House Limits commitments for guaranteed loans en by the Senate. and stricken by the Senate providing to $140,000,000,000 as proposed by the House The conferees are aware of the efforts the $1,000,000 for CLEARCorps. Department has made to bridge the growing instead of $120,000,000,000 as proposed by the MANAGEMENT AND ADMINISTRATION Senate. digital divide between information tech- Limits obligations for direct loans to no nology ‘‘haves’’ and ‘‘have nots’’ through its SALARIES AND EXPENSES more than $100,000,000 as proposed by the Neighborhood Networks initiative. This ini- (INCLUDING TRANSFERS OF FUNDS) Senate instead of $50,000,000 as proposed by tiative leverages local businesses, commu- Appropriates $477,000,000 for salaries and the House. nity organizations, local residents and other expenses instead of $456,843,000 as proposed Appropriates $330,888,000 for administrative partners to provide residential computing by the House and $457,039,000 as proposed by expenses as proposed by the Senate instead centers to HUD-assisted housing throughout the Senate. of $328,888,000 as proposed by the House. the country which in turn provide computer Inserts language proposed by the Senate Appropriates $160,000,000 for administrative and job training, senior and youth programs prohibiting HUD from employing more than contract expenses as proposed by the Senate. and a variety of other supportive services at 77 schedule C and 20 non-career SES employ- The House did not fund this item. almost no direct cost to the Department. ees. Inserts language making a technical cor- The conferees direct the Department to sub- The conferees are aware of a number of sig- rection as proposed by the House and strick- mit a report no later than June 30, 2000 nificant concerns with HUD’s external Com- en by the Senate. which details and evaluates: the goals and munity Builders program. Most importantly, October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10015 the conferees believe that HUD must rebuild of $1,000 as proposed by the House. The Sen- such access on numerous occasions in the itself from within, from staff that are com- ate did not provide a similar item. past year. Therefore, the conferees direct mitted to HUD’s long-term future and the ADMINISTRATIVE PROVISIONS GAO to maintain a log detailing GAO’s ef- federal investment in local communities and forts to meet with HUD officials and staff Deletes language proposed by the House neighborhoods. Therefore, the conferees are and in seeking to obtain information on HUD and stricken by the Senate making a tech- terminating the external Community Build- programs and activities. This log shall in- nical correction regarding enhanced disposi- ers program effective September 1, 2000 clude a summary of all delays and HUD’s tion authority. This provision is incor- (rather than effective February 1, 2000, as reasons for the delays. The conferees expect porated in title V. proposed by the Senate). The conferees ex- HUD to provide reasonable access to HUD of- Restores language proposed by the House pect that, following the termination of the ficials, staff and information and that all and stricken by the Senate reprogramming program, functions now being performed by meetings should be accommodated within a previously awarded economic development external Community Builders will be carried week of any request, unless there is a delay initiatives. out by career civil servants, and that FTEs that is both reasonable and unavoidable. Deletes language proposed by the Senate now occupied by external Community Build- Inserts language proposed by the Senate and not included by the House clarifying an ers will be filled instead by regular civil and not included by the House exempting owner’s right to prepay the mortgage of eli- Alaska and Mississippi—for fiscal year 2000 service employees. gible low-income housing developments. HUD also is prohibited from converting only—from statutory requirements to have a Deletes language proposed by the Senate resident of public housing on the Board of any external Community Builder to perma- and not included by the House prohibiting Directors. nent staff (i.e., from changing employee sta- operating subsidies or capital funds from Deletes language proposed by the Senate tus without following normal civil service being provided to certain State and city and not included by the House clarifying competitive requirements). In addition, funded and locally developed public housing that HOME funds may be used to preserve while the conferees do not object to external or assisted units. housing assisted with section 8. community builders applying for career civil Restores language proposed by the House Inserts language proposed by the Senate service positions at HUD, they should not be and stricken by the Senate establishing the and not included by the House transferring provided any special preference or priority Millennial Housing Commission. administration of the Small Cities compo- simply because of their status as current or Restores language proposed by the House nent of the CDBG program for all funds allo- former external Community Builders. and stricken by the Senate rescinding cated to the State of New York from HUD to In addition, the conferees remain con- $74,400,000 . the State of New York. cerned about potential problems with con- Restores language proposed by the House Inserts language proposed by the Senate flicts of interest in the Community Builders and stricken by the Senate providing and not included by the House exempting program, and direct HUD to establish clear $5,000,000 for the National Cities in Schools Peggy Burgin from having to comply with rules to avoid any appearance of self-inter- Community Development program. the age requirement at Clark’s Landing in est. In particular, there should be a bright Deletes language proposed by the House Groton, Vermont. line test prohibiting any Community Builder Inserts language proposed by the Senate and stricken by the Senate authorizing HUD from being involved in any HUD transaction and not included by the House requiring to provide enhanced section 8 vouchers for in which that person has a fiduciary interest HUD to continue to make interest reduc- certain assisted housing projects. This au- or has had an employer/employee relation- tions payments to Darlinton Manor apart- thority is incorporated into provisions in ship with the entities involved in the trans- ments. title V. action. Deletes language proposed by the Senate Restores language proposed by the House Inserts several language changes that are and not included by the House authorizing and stricken by the Senate to provide technical. HUD to provide section 8 assistance to build- $5,000,000 to the Jobs-Plus component of the Inserts language proposed by the House ings with terminating section 8 contracts. Moving to Work program. and not included by the Senate providing This provision is incorporated in title V. Restores language proposed by the House $2,000,000 for the Millennial Housing Commis- Inserts modified language proposed by the and stricken by the Senate repealing section sion established in the Administrative Provi- Senate and not included by the House requir- 214 of Public Law 104–204, dealing with recap- sions section of this title. ing HUD to use risk-sharing if the refi- tured section 8 funds. Inserts a modification of Senate language nancing is the best available in terms of sav- Inserts language proposed by the Senate prohibiting HUD from employing more than ings to the FHA insurance funds and results and not included by the House amending the 9,300 full-time equivalent employees. Unlike in reduced risk of loss to the federal govern- National Housing Act defining the term the Senate language, the conference agree- ment. ‘‘nonadministrative.’’ ment does not count on-site contract em- Deletes language proposed by the Senate Deletes language proposed by the Senate ployees as part of the total that is subject to and not included by the House authorizing and not included by the House limiting com- the limitation. section 8 enhanced vouchers. This provision pensation to employees of public housing au- Inserts language proposed by the Senate is included in title V. thorities to no more than $125,000. Inserts language extending the deadline for and not included by the House prohibiting Inserts language proposed by the Senate certain EDI grants until September 30, 2000. HUD from employing more than 14 employ- and not included by the House making a Neither the House nor the Senate included ees in the Office of Public Affairs. technical correction to section 541 of the Na- this language. Deletes language proposed by the Senate Deletes language proposed by the Senate and not included by the House prohibiting tional Housing Act regarding payment of claims. This provision streamlines the debt and not included by the House authorizing HUD from using more than $1,000,000 for HUD to contract with State or local housing travel. restructuring process in MAHRA. Deletes language proposed by the Senate finance agencies for the purpose of deter- OFFICE OF INSPECTOR GENERAL and not included by the House limiting com- mining market rents. (INCLUDING TRANSFER OF FUNDS) pensation for employees of YouthBuild to no Inserts new language enabling tenants of Appropriates $83,000,000 for the Office of In- more than $125,000. cooperative housing projects to make use of spector General, instead of $72,343,000 as pro- Inserts language proposed by the Senate revocable trusts. Neither the House nor the posed by the House and $95,910,000 as pro- and not included by the House providing Senate included this language. Inserts new language making a technical posed by the Senate. HUD with the authority to gain access to correction to a grant to the County of Ha- Inserts language making a technical cor- tenant income matching information. waii. Neither the House nor the Senate in- rection as proposed by the House and strick- Deletes language proposed by the Senate cluded this provision. and not included by the House eliminating en by the Senate. Restores language proposed by the House Deletes language proposed by the Senate the Secretary’s discretionary fund. and not included by the Senate providing au- and not included by the House providing Deletes language proposed by the Senate thority to HUD to reuse certain section 8 $10,000,000 for the Office of Inspector General and not included by the House to correct sec- funds. to contract for a series of independent finan- tion 514 (h)(1) of MAHRA. This matter is cov- Deletes language proposed by the Senate cial audits of HUD’s internal systems. De- ered in title V. and not included by the House authorizing letes language proposed by the Senate and Deletes language proposed by the Senate HUD to allow project owners to use interest not included by the House authorizing this and not included by the House requiring reduction payments for renovations in cer- amount to be available until September 30, HUD to reimburse GAO for any failure to co- tain assisted housing projects. A similar pro- 2001. operate in investigations. vision is included in title V. OFFICE OF FEDERAL HOUSING ENTERPRISE The conferees have agreed to drop the re- Inserts new language making waivers to OVERSIGHT quirement that HUD reimburse GAO for the the section 108 program for certain projects. cost of time due to delays caused by HUD in Inserts new language requiring HUD to al- SALARIES AND EXPENSES providing access to HUD officials and staff locate directly to New Jersey a portion of (INCLUDING TRANSFER OF FUNDS) and to information important to the House HOPWA funds designated for the Philadel- Provides $500 for the Office of Federal and Senate appropriations committees. The phia, PA–NJ Primary Metropolitan Statis- Housing Enterprise Oversight’s (OFHEO) re- conferees are concerned, however, about re- tical Area. Neither the House nor the Senate ception and representation expenses instead ports that HUD has unreasonably delayed included a similar provision. H10016 CONGRESSIONAL RECORD — HOUSE October 13, 1999

TITLE III—INDEPENDENT AGENCIES CORPORATION FOR NATIONAL AND COMMUNITY 1. $1,250,000 for continuation of the Cali- ERVICE AMERICAN BATTLE MONUMENTS COMMISSION S fornia Regional PM 10 and 2.5 air quality NATIONAL AND COMMUNITY SERVICE PROGRAMS study. SALARIES AND EXPENSES OPERATING EXPENSES 2. $2,500,000 for EPSCoR. 3. $700,000 for continuation of the study of Appropriates $28,467,000 for salaries and ex- Appropriates $434,500,000 for national and penses as proposed by the House instead of livestock and agricultural pollution abate- community service programs operating ex- ment at Tarleton State University. $26,467,000 as proposed by the Senate. The penses, instead of $423,500,000 as proposed by conferees commend the ABMC for the 4. $3,000,000 for the Water Environment Re- the Senate. The House proposed termination search Foundation. progress made in reducing the backlogged of the Corporation for National and Commu- maintenance needs throughout the ABMC 5. $750,000 for continued research on urban nity Service using funds appropriated in fis- waste management at the University of New system, and have provided funds in excess of cal year 1999 for close-out expenses. the budget request to continue this impor- Orleans. Limits funds for administrative expenses 6. $750,000 for continued perchlorate re- tant project. to not more than $28,500,000, instead of search through the East Valley Water Dis- CHEMICAL SAFETY AND HAZARD INVESTIGATION $27,000,000 as proposed by the Senate. The trict. BOARD conferees direct that additional funds are to 7. $1,500,000 for the Mickey Leland National be used for improvements to the Corpora- SALARIES AND EXPENSES Urban Air Toxics Research Center. tion’s financial management system and not 8. $4,000,000 for the American Water Works Appropriates $8,000,000 for salaries and ex- for general salaries and expenses. The con- Association Research Foundation, including penses instead of $7,000,000 as proposed by the ferees direct that the Corporation report, on $1,000,000 for continued research on arsenic. House and $6,500,000 as proposed by the Sen- a monthly basis, the status of efforts to im- 9. $1,500,000 for the National Decentralized ate. Bill language has been included for fis- prove its financial management. Water Resource Capacity Development cal year 2000 which limits the number of ca- Limits funds as proposed by the Senate to Project, in coordination with EPA, for con- reer Senior Executive Service positions to not more than: $28,500,000 for quality and in- tinued training and research and develop- three. novation activities; $2,500 for official recep- ment. The conferees share the concern expressed tion and representation expenses; $70,000,000 10. $750,000 for the Integrated Petroleum in the Senate Report that the Board may not for education awards, of which not to exceed Environmental Consortium project. be making the most effective use of its fi- $5,000,000 shall be available for national serv- 11. $1,000,000 for the National Center for At- nancial resources. In particular, the con- ice scholarships for high school students per- lantic and Caribbean Reef Research. ferees agree that the Board must spend the forming community service; $234,000,000 for 12. $800,000 for the University of New preponderance of its resources, including AmeriCorps grants, of which $45,000,000 may Hampshire’s Bedrock Bioremediation Center contract resources, on investigations and be for national direct programs; $7,500,000 for research project. safety instead of on external affairs or infor- the Points of Light Foundation; $18,000,000 13. $1,800,000 for the Lovelace National En- mation technology. for the Civilian Community Corps; $43,000,000 vironmental Respiratory Center. The Board is further directed to complete, for school-based and community-based serv- 14. $400,000 for the development, design, by December 31, 1999, an updated business ice-learning programs; and $5,000,000 for au- and implementation of a research effort on plan, as well as formal written procedures dits and other evaluations. tributyltin-based ship bottom paints at Old for awarding and managing contracts and Inserts language proposed by the Senate Dominion University. 15. $750,000 for research of advanced vehicle formal written procedures for selecting and which prohibits using any funds for national design, advanced transportation systems, ve- performing investigations. In addition, the service programs run by Federal agencies; hicle emissions, and atmospheric pollution Board is directed to expend no funds to de- provides that, to the maximum extent fea- at the University of Riverside CE-CERT fa- velop software for vulnerability assessments, sible, funds for the AmeriCorps program will cility. and may not fill any vacant positions in the be provided consistent with the rec- 16. $1,500,000 for the Environmental Tech- areas of external affairs or information tech- ommendation of peer review panels; and pro- nology Commercialization Center (ETC2) in nology. vides that, to the maximum extent prac- Cleveland, Ohio. ticable, the level of matching funds shall be DEPARTMENT OF THE TREASURY 17. $750,000 for continued research of the increased, education only awards shall be ex- COMMUNITY DEVELOPMENT FINANCIAL Salton Sea at the University of Redlands. panded, and the cost per participant shall be 18. $750,000 for the final phase of research INSTITUTIONS reduced. conducted through the Institute for Environ- Rescinds $80,000,000 from the National COMMUNITY DEVELOPMENT FINANCIAL mental and Industrial Science in San Service Trust as proposed by the Senate. The INSTITUTIONS FUND PROGRAM ACCOUNT Marcos, Texas. conferees have taken this action because the 19. $1,000,000 for the Center for Estuarine Appropriates $95,000,000 for the Community balances in the Trust appear at this time to Development Financial Institutions Fund, Research at the University of South Ala- be in excess of requirements based upon bama for research on the environmental im- instead of $70,000,000 as proposed by the usage rates. The conferees direct the Cor- House, and $80,000,000 as proposed by the Sen- pact of human activities on water quality poration to report in its fiscal year 2001 and habitat loss in an estuarine environ- ate. budget request and operating plan the status Deletes language proposed by the House al- ment. of its Trust fund reserve including the award 20. $550,000 to develop and maintain an in- lowing the CDFI Fund to use part of its ap- usage rate and number of participants in the propriation to establish and carry out a formation repository of water related mate- program. rials for research and conflict resolution at microenterprise technical assistance and ca- The conferees agree to the Senate proposal pacity building grant program. the Water Resources Institute at California to earmark $5,000,000 for the Girl Scouts of State University, San Bernardino. The conferees encourage the CDFI Fund to the United States for the ‘‘P.A.V.E. the 21. $300,000 for environmental remanufac- maintain a blend of emerging and mature Way’’ project and direct the Corporation to turing research at the Rochester Institute of CDFIs, as well as CDFIs of varying asset use the increase in the national direct pro- Technology. sizes, by creating a ‘‘Small and Emerging gram cap to fund this project. The conferees 22. $1,500,000 for the Fresh Water Institute CDFI Access Program’’ (SECAP) as part of further agree that a unique set of cir- to extend and expand acid deposition re- its core CDFI Program. SECAP would fill a cumstances exist in Shelby County, Alabama search. gap between the Core Component of the which indicates that the RSVP Program is 23. $2,000,000 for assessing and mitigating CDFI Program and the Technical Assistance to be allowed to operate separately from the the impact of exposure to multiple indoor Program. existing multi-county consortium. contaminants on human health through the The conferees recommend that the CDFI The House proposed that the Corporation Metropolitan Development Association of Fund’s ‘‘Small and Emerging CDFI Access be terminated and did not include any of the Syracuse and Central New York. Program’’ require a streamlined business foregoing limitations or provisions proposed 24. $2,000,000 for the Canaan Valley Insti- plan; employ flexible matching require- by the Senate. tute to establish a regional environmental ments; include access to training and tech- OFFICE OF INSPECTOR GENERAL data center and coordinated information sys- nical assistance, as in the Core Component; Appropriates $4,000,000 for the Office of In- tem in the Mid-Atlantic Highlands, in co- and place a $100,000 cap per application on spector General, instead of $5,000,000 as pro- ordination with the Federal Geographic Data capital assistance, including both capital posed by the Senate and $3,000,000 as pro- Committee and the National Spatial Data awards and awards for technical assistance. posed by the House. Infrastructure. 25. $2,000,000 for the Center for the Engi- CONSUMER PRODUCT SAFETY COMMISSION ENVIRONMENTAL PROTECTION AGENCY neered Conservation of Energy in Alfred, SALARIES AND EXPENSES SCIENCE AND TECHNOLOGY New York to conduct environmental per- Appropriates $49,000,000 for the Consumer Appropriates $645,000,000 for science and formance and resource conservation re- Product Safety Commission, salaries and ex- technology as proposed by the House instead search. penses, instead of $47,000,000 as proposed by of $642,483,000 as proposed by the Senate. 26. $750,000 for the National Center for Ani- the House and $49,500,000 as proposed by the The conferees have agreed to the following mal Waste Technologies at Purdue Univer- Senate. increases to the budget request: sity. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10017 27. $1,000,000 for analysis and research of as a representative sample of assessments tion with distribution as follows: $8,500,000 the environmental and public health impacts completed under the project, and 2) assess for the National Rural Water Association; associated with pollution sources, including the extent to which these assessments docu- $2,300,000 for the Rural Community Assist- waste transfer stations, in the South Bronx, ment the range of uncertainty and varia- ance Program; $650,000 for the Groundwater New York, to be conducted by New York Uni- bility of the data. The results of that study Protection Council; $1,550,000 for the Small versity. will be reviewed by the SAB and a copy of Flows Clearinghouse; and $1,000,000 for the 28. $1,000,000 for research associated with the study and the SAB’s report on the study National Environmental Training Center. the restoration and enhancement of Manchac sent to the Congress within one year of en- The conferees believe that the increase pro- Swamp conducted by Southeastern Lou- actment of this Act. vided to carry out rural water technical as- isiana University at the Turtle Cove Re- ENVIRONMENTAL PROGRAMS AND MANAGEMENT sistance through the Rural Community As- search Station. Appropriates $1,900,000,000 for environ- sistance Program (RCAP) should be utilized 29. $2,000,000 for drinking water research, to mental programs and management instead of to balance that program’s efforts with addi- ensure the best available science needed for $1,850,000,000 as proposed by the House and tional attention to wastewater projects. upcoming regulatory requirements under the $1,897,000,000 as proposed by the Senate. The 9. $900,000 for implementation of the Na- Safe Drinking Water Act Amendments. conferees have included bill language as pro- tional Biosolids Partnership Program. 10. $1,000,000 for continued work on the Soil 30. $1,500,000 for the National Jewish Med- posed by the House, identical to that carried Aquifer Treatment Demonstration project. ical and Research Center for research on the in the fiscal year 1999 Act, which limits the 11. $2,000,000 for continuation of the New relationship between indoor and outdoor pol- expenditure of funds to implement or admin- York and New Jersey dredge decontamina- lution and the development of respiratory ister guidance relating to title VI of the tion project. diseases. Civil Rights Act of 1964, with certain excep- 31. $1,250,000 for the Center for Air Toxics 12. $500,000 for operation of the Long Island tions. This provision does not provide the Metals at the Energy and Environmental Re- Sound Office. Agency statutory authority to implement its search Center. 13. $750,000 for the Southern Appalachian Environmental Justice Guidance. Rather, it 32. $250,000 for acid rain research at the Mountain Institute. simply clarifies the applicability of the In- University of Vermont. 14. $100,000 to the Miami-Dade County De- terim Guidance with respect to certain pend- 33. $6,000,000 for the Mine Waste Tech- partment of Environmental Resources Man- ing cases as an administrative convenience nology program at the National Environ- agement to expand the existing education for the Agency. mental Waste Technology, Testing, and program. Bill language proposed by the House and 15. $200,000 for the Northwest Citizens’ Ad- Evaluation Center. the Senate, identical to that contained in 34. $350,000 for the Consortium for Agricul- visory Commission to coordinate research the fiscal year 1999 Act, has also been in- tural Soils Mitigation of Greenhouse Gases. and education efforts of environmental cluded to prohibit the expenditure of funds 35. $250,000 to continue the work of the En- issues covering the entire Northwest Straits to take certain actions for the purpose of im- vironmental Technology Development and area. plementing or preparing to implement the Commercialization Center at the Texas Re- 16. $175,000 for use in planning to enhance Kyoto Protocol. Also included is bill lan- gional Institute for Environmental Studies. environmental stewardship in the design, guage proposed by the House and the Senate 36. $750,000 for the Geothermal Heat Pump construction, and operation, of the Univer- to provide that in fiscal year 2000 and there- (GHP) Consortium. sity of California, Merced. 37. $2,000,000 for the National Research after, grants awarded under section 20 of the 17. $1,000,000 for the four regional environ- Council to conduct a study of the effective- Federal Insecticide, Fungicide and mental enforcement projects. ness of clean air programs utilized by fed- Rodenticide Act and under section 10 of the 18. $690,000 to develop a broad-based, highly eral, state, and local governments. This Toxic Substances Control Act shall be avail- interdisciplinary risk assessment program study is intended to reveal, among other able for research, development, monitoring, with strong community involvement, at things, any contradictions among the var- public education, training, demonstrations, Cleveland State University. 19. $700,000 for the university portion of the ious clean air programs, rules, and regula- and studies. Finally, the conferees have included bill Southern Oxidants Study. tions at every level of government which language which transfers unexpended funds 20. $1,500,000 for source water protection may result in worsening air quality in the appropriated under this heading in Public programs. United States. Law 105–276 for the Lake Ponchartrain Basin 21. $5,000,000 for section 103 grants to the 38. $3,000,000 for the National Technology Foundation to the state and tribal assistance states to develop regional haze programs Transfer Center to establish a technology grants account for grants for wastewater under Title I, Part C of the Clean Air Act. commercialization partnership program and treatment infrastructure construction in 22. $500,000 for continued work on the a comprehensive training program on com- Fluker Chapel and Mandeville, Louisiana. Cortland County, New York aquifer protec- mercialization best practices for EPA and The conferees have deleted language pro- tion plan, $150,000 of which is for planning other Federal officials. posed by the Senate providing funds from and implementation of the Upper Susque- The conferees have agreed to the following within other EPA accounts to fund the Mon- hanna watershed. reductions from the budget request: treal Protocol activity, and have deleted lan- 23. $1,250,000 for the National Onsite Water 1. $22,900,000 from the CCTI Transportation guage proposed by the Senate limiting the Demonstration project. research program. 24. $2,000,000 for the Federal Energy Tech- 2. $2,000,000 from the global change re- expenditure of funds for personnel compensa- tion and benefit costs. The conferees have nology Center and EPA Region III for con- search program. tinued activities on a comprehensive clean 3. $3,000,000 from the Research for Eco- also deleted bill language proposed by the House providing funds for regional haze water initiative. systems Assessment and Restoration pro- 25. $1,600,000 for Tampa Bay Watch to es- gram objective. grants to the states. These issues have been specifically addressed elsewhere in the state- tablish a sustaining program and expand 4. $900,000 from project EMPACT. community environmental restoration and 5. $4,958,000 from Clean Water Action Plan ment of the managers accompanying the conference report. developmental stewardship projects designed related research. to elevate the health of the Tampa Bay estu- 6. $1,000,000 from various lower priority fa- The conferees have agreed to the following increases to the budget request: ary. cility repair and improvement projects. 26. $500,000 for water quality monitoring of 7. $16,625,000 as a general reduction. 1. $2,000,000 for the Michigan Biotechnology Institute for continued development of via- the Tennessee River basin through the Ala- Within available funds, the Agency is ex- bama Department of Environmental Man- pected to provide up to $1,000,000 to create ble cleanup technologies. 2. $500,000 for continued activities of the agement. the databases and analysis necessary to help Small Business Pollution Prevention Center 27. $5,000,000 to validate screens and tests establish programs and technologies to at the University of Northern Iowa. required by the Food Quality Protection Act achieve an effective carbon sequestration 3. $750,000 for the painting and coating to identify hormone-disrupting chemicals. program. In addition, no less than $7,000,000 compliance project at the University of 28. $1,500,000 for training grants under sec- is to be provided for the Superfund Innova- Northern Iowa. tion 104(g) of the Clean Water Act. tive Technology Evaluation (SITE) program, 4. $1,500,000 for continuation of the Sac- 29. $500,000 for the Small Public Water Sys- and no less than $4,000,000 for the Clean Air ramento River Toxic Pollution Control tem Technology Center at Western Kentucky Status and Trends Network (CASTNet). Project, to be cost shared. University. The conferees are concerned about the ac- 5. $1,325,000 for ongoing activities at the 30. $400,000 for Small Water Systems Tech- curacy of information contained in the Inte- Canaan Valley Institute. nology Assistance Center at the University grated Risk Information System (IRIS) data 6. $2,500,000 for the Southwest Center for of Alaska-Sitka. base which contains health effects informa- Environmental Research and Policy 31. $500,000 for the Small Public Water Sys- tion on more than 500 chemicals. The con- (SCERP). tem Technology Center at the University of ferees direct the Agency to consult with the 7. $400,000 for continuation of the Small Missouri-Columbia. Science Advisory Board (SAB) on the design Water Systems Institute at Montana State 32. $500,000 for the Southeast Center for of a study that will, 1) examine a representa- University. Technology Assistance for Small Drinking tive sample of IRIS health assessments com- 8. $14,000,000 for rural water technical as- Water Systems at Mississippi State Univer- pleted before the IRIS Pilot Project, as well sistance activities and groundwater protec- sity. H10018 CONGRESSIONAL RECORD — HOUSE October 13, 1999 33. $500,000 to assist communities in Hawaii the University of Missouri-Rolla to work 78. $1,000,000 for the Mecklenburg County, to meet successfully the water quality per- with the Army to validate soysmoke as a re- North Carolina surface water improvement mitting requirements for rehabilitating na- placement for petroleum fog oil in obscurant and management program. tive Hawaiian fishponds. smoke used in battlefield exercises. 79. $1,000,000 for planning and development 34. $5,000,000 under section 104(b) of the 52. $200,000 to complete the development of of a master plan of the Susquehanna-Lacka- Clean Water Act for America’s Clean Water a technical guidance manual for use by per- wanna, Pennsylvania watershed through the Foundation for implementation of on-farm mit reviewers and product specifiers (Gov- Pennsylvania Geographic Information Con- environmental assessments for hog produc- ernment and private sector) to ensure appro- sortium. tion operations, with the goal of improving priate uses of preserved wood in applications 80. $500,000 for a study of the effect of pes- surface and ground water quality. including housing, piers, docks, bridges, util- ticide runoff on inter-urban lakes in Fort 35. $475,000 for the Coordinated Tribal ity poles, and railroad ties. Worth, Texas. Water Quality Program through the North- 53. $500,000 for a watershed study for north- 81. $500,000 for the Brazos/Navasota, Texas west Indian Fisheries Commission. ern Kentucky, including the development watershed management initiative. 36. $500,000 for the Ohio River Watershed and demonstration of a methodology for im- 82. $300,000 for implementation of the Poto- Pollutant Reduction Program, to be cost- plementing a cost-effective program for ad- mac River Visions Initiative through the shared. dressing the problems associated with wet Friends of the Potomac. 37. $1,500,000 for the National Alternative weather conditions on a watershed basis. 83. $500,000 for Mississippi State Univer- Fuels Vehicle Training Program. 54. $1,750,000 for the Kansas City Riverfront sity, the University of Mississippi, and the 38. $2,500,000 for King County, Washington, project to demonstrate innovative methods University of Georgia to conduct forestry molten carbonate fuel cell demonstration of removing contaminated debris. best management practice water quality ef- project. 55. $250,000 for the Maryland Bureau of fectiveness studies in the States of Mis- 39. $1,000,000 for the Frank Tejeda Center Mines to design and construct a Kempton sissippi and Georgia. for Excellence in Environmental Operations Mine remediation project to reduce or elimi- 84. $500,000 for planning and consolidation to demonstrate new technology for water nate the loss of quality water from surface of the west bank Jefferson Parish, Louisiana and wastewater treatment. streams into the Kempton Mine complex. wastewater treatment facilities. 40. $775,000 for the National Center for Ve- 56. $975,000 for the Alabama Department of 85. $300,000 for the Northeast States for Co- hicle Emissions Control and Safety for on- Environmental Management water and ordinated Air Use Management (NESCAUM). board diagnostic research. wastewater training programs. 86. $500,000 for completion of the inter- 41. $750,000 for the Chesapeake Bay Small 57. $250,000 for the Vermont Department of national project to phase out the use of lead Watershed Grants Program. Agriculture to work with the conservation in gasoline. 42. $1,250,000 for the Lake Champlain man- districts along the Connecticut River in 87. $1,500,000 for West Virginia University agement plan. Vermont to reduce nonpoint source pollu- to develop the plastics recycling component 43. $500,000 for the Environmentors project. tion. of the Green Exchange, in cooperation with 44. $1,500,000 for the Food and Agricultural 58. $75,000 for the groundwater protection/ the Polymer Alliance Zone and the National Policy Research Institute’s Missouri water- wellhead protection project, Nez Perce In- Electronics Recycling Project, and in con- shed initiative project to link economic and dian Reservation in Idaho. sultation with the Office of Information and environmental data with ambient water 59. $475,000 for the Water Systems Council Resource Management. quality. to assist in the effective delivery of water to The conferees have agreed to the following 45. $500,000 for the final year of funding for rural citizens nationwide. reductions from the budget request: the Ala Wai Canal watershed improvement 60. $500,000 to complete the Treasure Valley 1. $90,000,000 from the climate change tech- project. Hydrologic Project. nology initiative (CCTI), including elimi- 46. $200,000 for the Hawaii Department of 61. $350,000 for the Leon County, Florida nation of funds for the Transportation Part- Agriculture and the University of Hawaii storm water runoff study. ners program. College of Tropical Agriculture and Human 62. $500,000 for Envision Utah sustainable 2. $2,000,000 from the partnerships with Resources to continue developing agricultur- development activities. other countries program. ally based remediation technologies. 63. $550,000 for the Idaho Water Initiative. 3. $3,043,000 from Project EMPACT. 64. $750,000 for the Resource and Agricul- 47. $1,000,000 for the Animal Waste Manage- 4. $5,847,000 from compliance monitoring tural Policy Systems Project. ment Consortium through the University of program. 65. $150,000 for the Vermont Small Business Missouri, acting with Iowa State University, 5. $6,749,000 from the civil enforcement pro- Development Center to assist small busi- North Carolina State University, Michigan gram. nesses in complying with environmental reg- State University, Oklahoma State Univer- 6. $656,000 from the enforcement training ulations. sity, and Purdue University to supplement program. 66. $700,000 to continue the Urban Rivers ongoing research, demonstration, and out- 7. $2,700,000 from human resources manage- Awareness Program at the Academy of Nat- reach projects associated with animal waste ment. ural Sciences in Philadelphia for its environ- management. 8. $1,369,000 from the criminal enforcement mental science program. 48. $1,500,000 for the University of Missouri program. 67. $500,000 for the Kenai River Center for Agroforestry Center to support the agro- 9. $9,000,000 from the Montreal Protocol research on watershed issues and related ac- forestry floodplain initiative on nonpoint Multilateral Fund. tivities. source pollution. 10. $4,700,000 from Sustainable Develop- 68. $300,000 for the restoration of the Bea- 49. $1,000,000 for the Columbia basin ground ment Challenge Grants. ver Springs Slough. water management assessment. 69. $750,000 for the New Hampshire Estu- 11. $3,400,000 from the new Urban Environ- 50. $1,500,000 for a cumulative impacts aries Project management plan implementa- mental Quality and Human Health program. study of North Slope oil and gas develop- 12. $112,119,000 as a general reduction. tion. ment. The conferees expect the Adminis- 70. $200,000 for the Fairmount Park Com- In the Congressional response to the EPA’s trator to contract for the full amount with mission to identify, design, implement, and proposed Operating Plan for fiscal year 1999, the National Academy of Sciences through evaluate environmental education exhibits. deep concerns were raised regarding the in- the National Research Council’s Board on 71. $100,000 to continue the Design for the crease of the overall personnel level at the Environmental Studies and Toxicology to Environment for Farmers Program to ad- Agency and the relationship of that increase perform the study which shall be completed dress the unique environmental concerns of to the actual appropriated levels for activi- within 2 years of contract execution. The the American Pacific area through the adop- ties of the Agency. As a result of these con- Council shall seek input from federal and tion of sustainable agricultural practices. cerns, both the House and the Senate in- state agencies, Native organizations, non- 72. $200,000 to complete the cleanup of Five cluded specific payroll reductions in their re- governmental entities, and other interested Island Lake in Emmetsburg, Iowa. spective fiscal year 2000 legislative pro- parties. Pending completion of the NRC 73. $175,000 for the Geographical Survey of posals, and the Senate took the further step study, the conferees direct that federal agen- Alabama for a study on flow in natural and of including a maximum expenditure for per- cies shall not, under any circumstances, rely induced fractures in coalbed methane res- sonnel compensation and benefits within the upon the pendency of the study to delay, sus- ervoirs to determine the impact of hydraulic text of its bill. pend, or otherwise alter federal decision- fracturing and deep water production on The conferees acknowledge that such spe- making and NEPA compliance for any exist- shallow domestic water wells. cific direction tends to reduce the Agency’s ing or proposed oil and gas exploration, de- 74. $850,000 for continued restoration of flexibility in balancing both personnel and velopment, production or delivery on the Lake Ponchartrain, Louisiana. operations requirements and have therefore North Slope. 75. $500,000 for an arsenic groundwater determined not to include specific dollar or 51. $750,000 for an expansion of EPA’s ef- study in Fallon, Nevada. FTE provisions in either the legislation or forts related to the Government purchase 76. $500,000 for planning and development of the statement of the managers accom- and use of environmentally preferable prod- the Buffalo Creek watershed, New York. panying the conference report. This action, ucts under Executive Order 13101 through the 77. $1,500,000 for continued work on the however, should not be interpreted as any Office of Prevention, Pesticides and Toxic water quality management plans for the New change in the conferees’ resolve that EPA Substances. This includes up to $200,000 for York watersheds. must continue to take the steps necessary, October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10019 short of a reduction-in-force action, to re- vironmental Council of the States (ECOS) to regulatory standards for radium in drinking duce its workforce and personnel costs. analyze state enforcement and compliance water and the actual risks to public health To this end, the conferees expect the Agen- statistics and identify the sources of any in- caused by the ingestion of low concentra- cy to maintain throughout the year the consistencies among the states and EPA in tions of radium in drinking water. The Ad- modified hiring freeze begun during fiscal data collection, reporting, or definitions, and ministrator of the EPA is therefore directed year 1999, with the ultimate goal of reaching, make such information along with a sum- to evaluate all direct human health impacts by the end of fiscal year 2001, an Agency- mary of state enforcement and compliance of low concentrations of radium in drinking wide personnel level of no more than 18,000 activities available for review by the Con- water and ascertain at what level radium in FTEs. In applying the hiring freeze, the gress. EPA is further directed to provide the water actually becomes a risk to public Agency should remain flexible and make ac- National Academy of Public Administration health. The EPA is expected to publish a commodations, as appropriate, to maintain (NAPA), within 60 days of enactment, summary of this information in a Notice of necessary positions, even if doing so will $200,000 to provide the Congress with an inde- Data Availability before making decisions temporarily result in upward fluctuations of pendent evaluation of state and federal en- about final standards for Radium 226 and Ra- monthly personnel levels. In addition, the forcement data, including a recommendation dium 228 in drinking water. Agency is expected to include as part of its of actions needed to ensure public access to The conferees have deleted bill language Operating Plan submission for fiscal year accurate, credible, and consistent enforce- proposed by the House under General Provi- 2000 a proposal to reduce payroll costs to ment data. sions in title IV prohibiting the expenditure help meet the general reduction requirement Within available funds, the conferees di- of funds to publish or issue an assessment re- contained in the Environmental Programs rect EPA to conduct a relative risk assess- quired under section 106 of the Global and Management account. Finally, the Agen- ment of deep well injection, ocean disposal, Change Research Act of 1990 unless the sup- cy is requested to provide monthly to the surface discharge, and aquifer recharge of porting research has been subjected to peer Committees on Appropriations an informal treated effluent in South Florida, in close review and, if not otherwise publicly avail- report detailing the end-of-month personnel cooperation with the Florida Department of able, posted electronically for public com- levels listed by office, location (head- Environmental Protection and South Florida ment prior to use in the assessment, and the quarters, region, field) and by appropriations municipal water utilities. draft assessment has been published in the account. The conferees encourage EPA to move for- Federal Register for a 60 day public comment The conferees have agreed to provide ward with a rulemaking to provide for the period. While the conferees have deleted this $1,250,000 from within available funds for the use of a refillable/recyclable refrigerant cyl- specific bill language, the Agency is never- seven Environmental Finance Centers. In inder system as a means of reducing the re- theless expected to adhere to this provision. this regard, the conferees direct the Agency lease of ozone-depleting chemicals. Unlike in the State and Tribal Assistance to consider the finance center located at the Consistent with the Senate Report, the Grants account, the Agency has historically University of Louisville part of and an equal Agency is directed to conduct in conjunction not required a cost-share component for spe- partner in all activities, financial and other- with the Department of Agriculture a cost cific grants provided through the Environ- wise, of the finance center network. and capability assessment of the Unified Na- mental Programs and Management (EPM) The conference agreement includes the tional Strategy for Animal Feeding Oper- account, unless specifically required. In budget request of $32,800,000 for reregistra- ations. The conferees agree this report order to leverage better available financial tion and $36,100,000 for registration activities should be completed and submitted to the resources, the Agency is directed to work performed by EPA. Faster review and ap- Congress by May 15, 2001. Similarly, con- with the Committees on Appropriations in proval for registration applications will sistent with the House Report, the conferees the development of a proposal for a cost- allow safer, more environmentally friendly expect the Agency to solicit and consider ad- share requirement to be included for projects products on the market sooner and ensure ditional public comment regarding exemp- funded within the EPM account, with the that farmers have the ability to protect tions from the rule on ‘‘plant pesticides’’ as goal of having such an agreed upon proposal their crop. In the submission of the fiscal suggested by the Consortium of Eleven Sci- included in the fiscal year 2000 Operating year 2000 operating plan, the Agency is di- entific Societies. Plan. rected to take no reductions below the budg- The conferees are concerned about an ap- OFFICE OF INSPECTOR GENERAL et request from the pesticide registration parent inequity created by two separate and Appropriates $32,409,000 for the Office of In- and reregistration programs, as well as from conflicting actions that occurred last May. spector General as proposed by the Senate the NPDES permit backlog, compliance as- One was EPA’s issuance of a final rule under instead of $25,000,000 as proposed by the sistance activities, RCRA corrective actions, section 126 of the Clean Air Act that in es- House. In addition to this appropriation, and data quality and information manage- sence requires the same emission reductions $11,000,000 is available to the OIG by transfer ment activities related to the reorganization called for by EPA’s State Implementation from the Hazardous Substance Superfund ac- of the Office of Information Management. Plan (SIP) revision call for nitrogen oxides count. The conferees agree that the increase The conferees have provided $5,000,000 (NOx) if the Agency has not approved the above the budget request provided the OIG under section 103 of the Clean Air Act for NOx SIP Call revisions of 22 States and the should be used to address major problems at states and recognized regional partnerships, District of Columbia by November 30, 1999. EPA through the development of additional including the Western Regional Air Partner- The other was an order by the United States audits of grants and assistance agreements, ship due to the accelerated schedule it has in Court of Appeals for the D.C. Circuit staying and to form a new program evaluation unit the Regional Haze regulations, for multi- the requirement imposed in EPA’s 1998 NOx to analyze environmental outcomes more ef- state planning efforts on regional haze, in- SIP Call for these same jurisdictions to sub- fectively. cluding aiding in the development of emis- mit the SIP revisions just mentioned for BUILDINGS AND FACILITIES sions inventories, quantification of natural EPA approval. Prior to this, EPA main- Appropriates $62,600,000 for buildings and visibility conditions, monitoring, and other tained a close link between the NOx SIP Call facilities as proposed by the House instead of data necessary to define reasonable progress and the section 126 rule. $25,930,000 as proposed by the Senate. The and develop control strategies. These addi- While the conferees’ primary concern is in conferees note that within this appropriation tional funds shall in no way reduce other, ex- ensuring that these matters are soon re- is $36,700,000, the final funding increment, for isting grants to states or tribes authorized solved in the interest of air quality enhance- continued construction of the consolidated under sections 103 and 105 of title I, part C of ments for all the states, the conferees en- research facility at Research Triangle Park, the Clean Air Act, as amended. courage EPA to retain the linkage and re- North Carolina. The conferees have similarly provided an frain from implementing the section 126 reg- additional $5,000,000 for the validation of ulation until the NOx SIP Call litigation is HAZARDOUS SUBSTANCE SUPERFUND screens and tests under the Endocrine Dis- complete. Appropriates $1,400,000,000 for hazardous rupter Screening Program (EDSP), bringing The conferees are aware that an agreement substance superfund as proposed by the Sen- the total funding level for this program to is close to being reached among the EPA, ate instead of $1,450,000,000 as proposed by $12,700,000. The conferees expect these funds various animal protection organizations, the House. Bill language provides that to be used by the Office of Pollution Preven- trade associations representing chemical $700,000,000 of the appropriated amount is to tion and Toxics, in conjunction with the Of- companies, and other interested parties that be derived from the Superfund Trust Fund, fice of Research and Development, to im- will incorporate certain animal welfare con- while the remaining $700,000,000 is to be de- prove, standardize, and validate simulta- cerns and scientific principles into the High rived from General Revenues of the Treas- neously the recommended Tier I screens and Production Volume (HPV) testing program. ury. Additional language 1) provides Tier II tests, beginning with those screens It is the intention of the conferees that the $70,000,000 for the Agency for Toxic Sub- and tests relevant to human health, to pro- HPV program, including the first test rule, stances and Disease Registry (ATSDR); 2) tect appropriately public health. For the should proceed in a manner that is con- provides for a transfer of $11,000,000 to the Of- public to have confidence in information de- sistent with those animal welfare concerns fice of Inspector General; 3) provides for a veloped under the EDSP, the screens and and that the EPA develop and validate with- transfer of $38,000,000 to the Science and tests must produce credible, replicable re- in existing funds non-animal test methods Technology account; and 4) provides that sults. for use in chemical toxicity testing. $100,000,000 of the appropriated amount shall Within 60 days of enactment of this Act, The conferees are aware of concerns re- not become available for obligation until EPA is directed to provide $300,000 to the En- garding the relationship between proposed September 1, 2000. H10020 CONGRESSIONAL RECORD — HOUSE October 13, 1999 The conferees have also included bill lan- NPL sites, 4) costs for emergency removals, mits the District of Columbia Water and guage which permits the Administrator of 5) non-site specific costs assigned to other Sewer Authority to obtain federal construc- the ATSDR to conduct other appropriate activities such as research, administration, tion grants containing a matching require- health studies and evaluations or activities and interagency transfers, and 6) costs asso- ment of 80–20. This provision will permit the in lieu of health assessments pursuant to ciated with five-year reviews at existing and District to continue its efforts to implement section 104(i)(6) of the Comprehensive Envi- new NPL sites and associated activities. For its necessary capital improvement program ronmental Response, Compensation, and Li- purposes of this analysis, costs associated while enabling it to maintain a sound finan- ability Act of 1980, as amended (CERCLA). with assessment, response, and development cial position. The language further stipulates that in the of brownfields and federal facility sites are Of the funds provided for the United conduct of such other health assessments, not to be included. The analysis shall be con- States-Mexico Border Program, $3,000,000 is evaluations, or activities, the ATSDR shall ducted by the Resources for the Future, and for the El Paso-Las Cruces sustainable water not be bound by the deadlines imposed in the results of the work are to be transmitted project, and $2,000,000 is for the Brownsville, section 104(i)(6)(A) of CERCLA. in a report to the Congress no later than De- Texas water supply project. Of the funds pro- The conferees have agreed to the following cember 31, 2000. vided for rural and Alaska Native villages, fiscal year 2000 funding levels: LEAKING UNDERGROUND STORAGE TANK $2,000,000 is for training and technical assist- 1. $917,337,000 for Superfund response/clean- PROGRAM ance. The State of Alaska must also provide up actions. The Brownfields program has a 25 percent match for all expenditures Appropriates $70,000,000 for the leaking un- been funded at the budget request level of through this program. derground storage tank program instead of $91,700,000. The conferees agree that the $331,650,000 $60,000,000 as proposed by the House and 2. $140,000,000 for enforcement activities. provided to communities or other entities $71,556,000 as proposed by the Senate. 3. $125,000,000 for management and support. for construction of water and wastewater The conferees direct EPA to submit a plan In addition, $11,000,000 is to be provided by treatment facilities and for groundwater pro- to the Congress by May 1, 2000, including transfer to the Office of Inspector General. tection infrastructure shall be accompanied cost estimates, to (1) identify underground 4. $38,000,000 for research and development by a cost-share requirement whereby 45 per- storage tanks that are not in compliance activities, to be transferred to the Science cent of a project’s cost is to be the responsi- with subtitle I of the Solid Waste Disposal and Technology account. bility of the community or entity consistent Act; (2) identify underground storage tanks 5. $60,000,000 for the National Institute of with long-standing guidelines of the Agency. in temporary closure; (3) determine the own- Environmental Health Sciences, including These guidelines also offer flexibility in the ership of underground storage tanks not in $23,000,000 for worker training and $37,000,000 application of the cost-share requirement for compliance or in temporary closure; and (4) for research activities. those few circumstances when meeting the 45 determine the plans of owners and operators 6. $70,000,000 for the Agency for Toxic Sub- percent requirement is not possible. The to bring such tanks into compliance or out stances and Disease Registry. Agency is commended for its past efforts in of temporary closure. For tanks for which no 7. $38,663,000 for reimbursable interagency working with communities and other enti- owner can be identified, the plans should de- activities, including $28,663,000 for the De- ties to resolve problems in this regard, and scribe how they will be brought into compli- partment of Justice, $650,000 for OSHA, the conferees expect this level of effort and ance or closed permanently. $1,100,000 for FEMA, $2,450,000 for NOAA, flexibility to continue throughout fiscal year $4,800,000 for the Coast Guard, and $1,000,000 OIL SPILL RESPONSE 2000. The distribution of funds under this for the Department of the Interior. Appropriates $15,000,000 for oil spill re- program is as follows: Within the amount provided to the sponse as provided by both the House and the 1. $2,000,000 for wastewater infrastructure ATSDR, $1,500,000 is for continued work on Senate. improvements in Cherokee County ($750,000); the Toms River, New Jersey cancer evalua- STATE AND TRIBAL ASSISTANCE GRANTS South Vinemont ($750,000); and Dodge City tion and research project. In addition, the ($500,000), Alabama. Appropriates $3,466,650,000 for state and conferees expect the ATSDR to provide ade- 2. $1,000,000 for water infrastructure needs tribal assistance grants instead of quate funding to continue the minority in Jefferson County, Alabama. health professions program and to continue $3,199,957,000 as proposed by the House and 3. $500,000 for the Dog River watershed the health effects study on the consumption $3,250,000,000 as proposed by the Senate. Bill project in Mobile, Alabama. of Great Lakes fish. As in the past, ATSDR’s language specifically provides $1,350,000,000 4. $1,900,000 for wastewater infrastructure administrative costs charged by CDC are for Clean Water State Revolving Fund (SRF) improvements in Stevenson ($950,000) and capped at 7.5 percent of the amount appro- capitalization grants, $820,000,000 for Safe Athens ($950,000), Alabama. priated herein. The conferees agree that Drinking Water SRF capitalization grants, 5. $3,000,000 for a surface water treatment $3,000,000 is to be re-directed from health as- $50,000,000 for the United States-Mexico Bor- plant in Franklin County, Alabama. sessments to other priorities. der program, $30,000,000 for grants to address 6. $500,000 for Lafayette, Alabama, water With the funds transferred to science and drinking water and wastewater infrastruc- system project. technology, the conferees direct that the ture needs in rural and native Alaska, 7. $500,000 for the City of Sitka, Alaska, current hazardous substance research cen- $885,000,000 for categorical grants to the water/sewer improvements. ters, including the Gulf Coast center, will be states and tribes, and $331,650,000 for grants 8. $3,750,000 for water/sewer improvements funded at no less than the 1998 funding level. for construction of water and wastewater in the Chugiak area of Anchorage, Alaska. For fiscal year 2000 and consistent with fis- treatment facilities and for groundwater pro- 9. $3,750,000 for water/sewer improvements cal year 1999, the conferees direct the Agency tection infrastructure. for the City of Valdez, Alaska. not to initiate or order dredging, except as The conferees have included bill language 10. $300,000 for the East Wetlands Restora- noted in the conference report and statement which, for fiscal year 2000 only, authorizes tion project in Yuma, Arizona. of the managers accompanying the 1999 Ap- the Administrator of the EPA to use funds 11. $3,000,000 for a grant to the Arizona propriations Act, until the National Acad- appropriated under section 319 of the Federal Water Infrastructure Financing Authority emy of Sciences has completed its dredging Water Pollution Control Act (FWPCA) to for making a loan to the city of Safford, Ari- study and that study has been properly con- make grants to Indian tribes pursuant to zona to address the city’s wastewater needs, sidered by EPA. Further, the Agency should section 319 (h) and 518 (e) of FWPCA. In addi- which will be repaid by the city to the Ari- only initiate or order dredging in cases tion, bill language has been adopted by the zona Clean Water Revolving fund established where a full analysis of long and short-term conferees to permit states to include as prin- under title VI of the Federal Water Pollution health and environmental impacts has been cipal amounts considered to be the cost of Control Act, as amended. conducted. administering or, for the State of New York 12. $1,000,000 for water and wastewater in- Finally, the conferees direct that within 45 only, capitalizing SRF loans to eligible bor- frastructure improvements in Fort Chaffee, days of enactment of this Act, EPA award a rowers, with certain limitations. Arkansas. cooperative agreement for an independent The conferees have further agreed to in- 13. $3,000,000 for the Coastal Low Flow analysis of the projected federal costs over clude bill language which resolves in favor of Storm Drain Diversion project in San Diego, the ten-year period of fiscal years 2000–2010 the grantee a disputed grant, docket number California. for implementation of the Superfund pro- AA–91–AD34 (05–90–AD09); bill language 14. $1,500,000 for the removal of Arundo gram under current law, including the an- which permits EPA and the State of New Donax on the lower Santa Ana River nual and cumulative costs associated with York to utilize certain grant reallotments to ($1,000,000); and for restoration of Lake administering CERCLA activities at Na- provide grant assistance to Nassau County, Elsinore ($500,000), California. tional Priority List (NPL) sites. The anal- New York for improvements at the Bay Park 15. $3,000,000 for continued construction of ysis should identify sources of uncertainty in and Cedar Creek waste treatment plants; and the Olivenhain Water District, California the estimates, and shall model 1) costs for bill language which makes technical changes water treatment project. completion of all sites currently listed on to the use of funds appropriated in Public 16. $2,000,000 for continued work on the the NPL, 2) costs associated with additions Law 105–276 for water and sewer infrastruc- Lake Tahoe water export replacement to the NPL anticipated for fiscal year 2000 ture improvements in Utah and Alaska. project ($1,000,000), and for wastewater infra- through fiscal year 2009, 3) costs associated Finally, the conferees have included bill structure improvements at the Placer Coun- with federal expenditures for the operations language, similar to that included in the fis- ty Subregional Wastewater Treatment Plant and maintenance at both existing and new cal year 1998 Appropriations Act, which per- ($1,000,000), California. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10021 17. $3,500,000 for water and wastewater in- 40. $600,000 for water and wastewater infra- 65. $1,000,000 for water and watershed infra- frastructure improvements for Arcadia and structure improvements in Jerome ($300,000), structure improvements and research Sierra Madre ($2,000,000) and the City of San and Dietrich ($300,000), Idaho. through Western Michigan University at Dimas Walker House ($1,000,000); and for the 41. $1,800,000 for the City of Blackfoot, Kalamazoo, Michigan. Desalination Research and Innovation Part- Idaho, for wastewater treatment plant im- 66. $1,900,000 for wastewater infrastructure nership ($500,000), California. provements. improvements in Port Huron, Michigan. 18. $500,000 for continued development of 42. $7,500,000 for drinking water infrastruc- 67. $1,425,000 for continued drinking water the Calleguas Creek, California watershed ture improvements in the cities of DeKalb infrastructure improvements for Bad Axe, management plan. ($2,500,000); Yorkville ($1,000,000); Elburn Michigan. 19. $4,000,000 for water, wastewater, and ($500,000); Batavia ($1,500,000); Oswego 68. $1,900,000 for continued development of system infrastructure development and im- ($1,000,000); and Geneva ($1,000,000), Illinois. the Mille Lacs regional wastewater treat- provements for the Yucaipa Valley Water 43. $4,750,000 for continued development of ment facility, Minnesota. District ($2,000,000); the Lower Owens River the tunnel and reservoir project (TARP) of 69. $2,800,000 for the City of Flowood, Mis- project in Inyo County ($1,000,000); the Lower the Metropolitan Water Reclamation Dis- sissippi for the Hogg Creek Interceptor Owens River project in the City of Los Ange- trict in Chicago, Illinois. wastewater infrastructure improvements les ($500,000); and the San Timoteo Creek en- 44. $950,000 for water and wastewater infra- within the West Rankin Regional Sewage vironmental restoration project in Loma structure improvements in Robbins ($475,000) System. Linda ($500,000), California. and Phoenix ($475,000), Illinois. 70. $950,000 for sewer and wastewater infra- 20. $2,000,000 for Sacramento, California’s 45. $1,000,000 for infrastructure develop- structure needs in Picayune, Mississippi. combined sewer system improvement and re- ment of the Pigeon Creek Enhancement 71. $3,500,000 for wastewater infrastructure habilitation project. project in Evansville, Indiana. improvements at the DeSoto County Waste- 21. $2,500,000 for a desalination facility in 46. $1,900,000 for wastewater infrastructure water Treatment Facility ($2,950,000), and Carlsbad ($500,000); for the San Diego waste- improvements within the Gary Sanitary Dis- the City of Farmington wastewater collec- water capital improvement program trict, Indiana. tion and treatment facility ($550,000), Mis- ($1,000,000), and for watershed planning for 47. $900,000 for wastewater infrastructure sissippi. the community and environmental transpor- improvements in Kansas City, Kansas. 72. $475,000 for wastewater infrastructure tation acceptability process in Riverside 48. $1,500,000 for wastewater infrastructure improvements in Lamont, Mississippi. County ($1,000,000), California. development and improvements in Jessa- 73. $5,200,000 for wastewater infrastructure 22. $1,000,000 for wastewater and sewer in- mine County, Kentucky. evaluation and improvements in Jackson, frastructure improvements in Huntington 49. $1,000,000 for wastewater and drinking Mississippi. Beach, California. water infrastructure improvements in 74. $2,375,000 for the Meramac River, Mis- 23. $950,000 for wastewater infrastructure souri enhancement and wetlands protection improvements in the Russian River Sanita- Bonnieville ($600,000) and in the Kentucky Turnpike Water District Division 2 ($400,000), project. tion District ($475,000), and for continued de- 75. $1,000,000 for wastewater infrastructure velopment of the Geysers Recharge project Kentucky. 50. $1,500,000 for wastewater infrastructure improvements in Jefferson County, Missouri. ($475,000), California. 76. $5,500,000 for the State of Missouri De- improvements at the West County Waste- 24. $1,600,000 for continuation of a water partment of Natural Resources for phos- water Treatment Plant within the Metro- reuse demonstration project in Yucca Valley phorous removal efforts in southwestern politan Sewer District of Louisville, Ken- ($1,000,000) and a water storage distribution Missouri communities under 50,000, including tucky. project in Twenty Nine Palms ($600,000), but not limited to Nixa, Ozark, Kimberling California. 51. $6,400,000 for water and wastewater in- frastructure needs for Knott County City, Reeds Spring, and Galena wastewater 25. $950,000 for wastewater infrastructure treatment facilities discharging into the needs on Mare Island, Vallejo, California. ($2,000,000); Somerset ($1,400,000); Knox Coun- ty ($1,000,000); Harlan ($1,000,000); and Table Rock Lake watershed. 26. $1,500,000 for sewer infrastructure im- 77. $3,300,000 for the Missouri Division of provements in the vicinity of the Santa McCreary County ($1,000,000), Kentucky. State Parks water and sewer improvements Clara River in Los Angeles County, Cali- 52. $800,000 for water, sewer, and waste- needs including but not limited to the state fornia. water infrastructure improvements within parks of Meramec, Roaring River, Lake of 27. $1,500,000 for the City of Montrose, Colo- the Henderson County Water District the Ozarks, Knob Noster, Cuivve River, Mark rado, wastewater treatment plant upgrade. ($350,000); the Logan/Todd Regional Water Twain, and Trail of Tears. 28. $1,500,000 for wastewater infrastructure System ($300,000); the McLean County sewer 78. $1,000,000 for wastewater infrastructure improvements in New Britain and South- system ($120,000); and the Fancy Farm water improvements for the East Missoula waste- ington, Connecticut. system ($30,000), Kentucky. water system ($250,000); the El Mar Estates 29. $1,425,000 for wastewater infrastructure 53. $3,000,000 for North Jessamine County, wastewater treatment facility ($250,000); and and combined sewer overflow improvements Kentucky, wastewater system improve- the Lolo wastewater treatment plant on the Connecticut River in Connecticut and ments. ($500,000), Montana. Massachusetts. 54. $2,500,000 for water and wastewater in- 79. $4,000,000 for the Lockwood, Montana, 30. $3,000,000 for water, wastewater, and frastructure improvements in the East water and sewer district for implementation water reuse infrastructure improvements Baton Rouge Parish ($1,000,000); Ascension of its wastewater collection, treatment and through Florida’s five water management Parish ($1,250,000); and St. Gabriel ($250,000), disposal plan. district Alternative Water Sources Develop- Louisiana. ment program. 80. $1,500,000 for the Big Timber, Montana 55. $2,000,000 for water and wastewater in- wastewater treatment facility. 31. $2,000,000 for continuation of the water frastructure improvements in St. Bernard reuse infrastructure project in West Palm 81. $450,000 for watershed management im- Parish, Louisiana. provements in Omaha, Nebraska. Beach, Florida. 56. $3,800,000 for New Orleans, Louisiana 32. $5,000,000 for the Tampa Bay, Florida re- 82. $3,300,000 for water and wastewater in- wastewater infrastructure improvements. gional reservoir infrastructure project. frastructure needs of the Moapa Valley 33. $1,900,000 for wastewater infrastructure 57. $1,425,000 for combined sewer overflow Water District ($2,300,000) and the City of improvements for Opa-locka ($950,000) and infrastructure support in Middlesex and Fallon ($1,000,000), Nevada. for the Highland Village neighborhood of Essex Counties ($712,500), and for continued 83. $900,000 for water infrastructure im- North Miami Beach ($950,000), Florida. wastewater infrastructure improvements in provements in Henderson, Nevada. 34. $1,500,000 for wastewater infrastructure Essex County ($712,500), Massachusetts. 84. $2,000,000 for wastewater infrastructure improvements necessary to reduce effluent 58. $2,000,000 for continued wastewater improvements in Epping, New Hampshire. discharge into Sarasota Bay, Florida. needs in Bristol County, Massachusetts. 85. $2,000,000 for the Berlin, New Hamp- 35. $500,000 for development of the Deer 59. $1,900,000 for combined sewer overflow shire, water infrastructure improvements. Point Watershed Protection Zone in Bay infrastructure improvements in Boston, Mas- 86. $1,000,000 for combined sewer overflow County, Florida. sachusetts. infrastructure improvements in Nashua, New 36. $1,000,000 for analysis and development 60. $1,000,000 for Vinalhaven, Maine, waste- Hampshire. of necessary combined system overflow fa- water infrastructure improvements. 87. $5,000,000 for combined sewer overflow cilities in Atlanta, Georgia. 61. $5,000,000 for the upgrade of sewage requirements of the Passaic Valley Sewerage 37. $1,000,000 for infrastructure develop- treatment facilities in Cambridge and Salis- Commission, New Jersey. ment and improvements of the Big Creek wa- bury, Maryland. 88. $1,500,000 for combined sewer overflow tershed programs in the cities of Roswell, 62. $1,500,000 for combined sewer overflow infrastructure improvements of the North Mountain Park, and Brookfield, and Fulton infrastructure improvements in Grand Rap- Hudson Sewerage Authority, New Jersey. County, Georgia. ids, Michigan. 89. $475,000 for wastewater infrastructure 38. $1,000,000 for continued work on the 63. $5,000,000 for continuation of the Rouge improvements for the South Side Inter- basin stormwater retention and reuse project River National Wet Weather Demonstration ceptor/Queens Ditch in Newark, New Jersey. at Big Haynes Creek, Georgia. project. 90. $3,000,000 for water and wastewater in- 39. $1,500,000 for the County of Kauai, Ha- 64. $1,500,000 for infrastructure improve- frastructure and development needs in waii, for the Lihue wastewater treatment ments within the George W. Kuhn Drainage Lovington ($1,500,000) and Belen ($1,500,000), plant. District, Oakland County, Michigan. New Mexico. H10022 CONGRESSIONAL RECORD — HOUSE October 13, 1999 91. $7,500,000 for water and wastewater in- rone Borough ($800,000); Metal Township 141. $500,000 for wastewater infrastructure frastructure improvements in Bernalillo Sewer Authority ($500,000); and Decatur improvements through the City of Warm ($1,000,000); in the North and South Valley Township ($250,000), Pennsylvania. Springs, Georgia. areas of Albuquerque and Bernalillo County 117. $500,000 for water infrastructure needs It is the intent of the conferees that EPA ($6,000,000); and in Espanola ($500,000), New in the Khedive area of Jefferson Township, is to award the remaining $2,675,000 not yet Mexico. Greene County, Pennsylvania. awarded from the $8,000,000 appropriated in 92. $500,000 for the Clovis, New Mexico 118. $4,000,000 for the continued develop- Public Law 105–65 for the Upper Savannah emergency repair of a wastewater effluent ment of water supply needs of the Lake Mar- Council of Governments for wastewater fa- holding pond and renovation of its waste- ion Regional Water Agency, South Carolina. cility improvements, with a local match less water treatment plant. 119. $2,300,000 for the Shulerville-Honey than that normally prescribed by EPA for 93. $10,000,000 for drinking water infrastruc- Hill, South Carolina, water extension such grants. In addition, for this year and ture needs in the New York City watershed. project. prior fiscal years, any grants to nonprofit or- 94. $5,000,000 for wastewater infrastructure 120. $1,000,000 for wastewater infrastructure ganizations (or educational institutions) for improvements within the Western Ramapo development and improvements at the a project to demonstrate the use of an onsite Sewer District in Rockland County, New George’s Creek Wastewater Treatment ecologically based wastewater treatment York. Plant, Pickens County, South Carolina. process that are funded from monies in- 95. $950,000 for wastewater infrastructure 121. $500,000 for Dell Rapids, South Dakota, cluded in EPA’s State and Tribal Assistance improvements at New York and Pennsyl- wastewater treatment facility upgrade. Grant account should require not more than vania treatment facilities which discharge 122. $5,000,000 for the Mitchell, South Da- a five percent match requirement. into the Susquehanna River. kota, water system. EXECUTIVE OFFICE OF THE PRESIDENT 96. $950,000 for infrastructure improve- 123. $2,000,000 for drinking water infrastruc- OFFICE OF SCIENCE AND TECHNOLOGY POLICY ments at the White Plains water filtration ture improvements of the Sunbright Utility facility, New York. District, Morgan County, Tennessee. Appropriates $5,108,000 for the Office of 97. $1,500,000 for phase one of the Genesee 124. $1,000,000 for a wastewater, wet weath- Science and Technology Policy as proposed County, New York public water supply er demonstration project in Fort Worth, by the House instead of $5,201,000 as proposed project. Texas. by the Senate. 98. $1,500,000 for water and wastewater in- 125. $500,000 for continued development of The conferees are aware of the growing in- frastructure improvements for the Hamlet of the Riverton, Utah water reuse system im- terest in the scientific, biomedical, and in- Verona, New York. provement project. dustrial communities for increasing high 99. $1,500,000 for the Lake Water Supply 126. $2,000,000 for water, sewer, and field nuclear magnetic resonance capacities. project in Monroe County, New York. stormwater infrastructure improvements for Last year, the House Appropriations Com- 100. $1,000,000 for water infrastructure im- the City of Ogden, Utah. mittee requested the National Science Foun- provements in Syracuse, New York. 127. $800,000 for a wetland development dation assess and report on Japanese efforts 101. $18,500,000 for continued clean water project in Logan, Utah. in this area. It appears that progress by improvements of Onondaga Lake, New York. 128. $8,000,000 for continued development of Japan and several other countries has been 102. $2,500,000 for drinking water and waste- combined sewer overflow improvements in impressive while efforts related to this im- water infrastructure improvements of the Richmond ($4,000,000) and Lynchburg portant new technology in the United States Buncombe County Metropolitan Sewerage ($4,000,000), Virginia. have lagged. District ($2,000,000), and in the town of 129. $2,000,000 for water and wastewater in- The conferees strongly urge the OSTP to Waynesville ($500,000), North Carolina. frastructure improvements in western Lee undertake an assessment of this technology, 103. $3,000,000 for the Grand Forks, North County ($1,250,000) and in Amonate, Tazewell its potential utilization by various scientific Dakota, water treatment plant. County ($750,000), Virginia. disciplines, and to provide recommendations 104. $1,925,000 for continued development of 130. $2,700,000 for the Pownal, Vermont on what future efforts or programs the fed- a storm water abatement system in the Doan wastewater treatment project. eral research and development agencies Brook Watershed Area, Ohio. 131. $1,300,000 for the Cabot, Vermont, should undertake to address this challenge. 105. $3,000,000 for combined sewer overflow wastewater treatment project. The conferees request the OSTP provide a re- infrastructure improvements in Port Clinton 132. $2,500,000 for water system improve- port to the Committees on Appropriations by ($1,500,000) and Van Wert ($1,500,000), Ohio. ments in Metaline Falls, Washington. May 1, 2000. 106. $1,000,000 for water treatment infra- 133. $600,000 for the city of Bremerton, COUNCIL ON ENVIRONMENTAL QUALITY AND structure improvements in Girard, Ohio. Washington, combined sewer overflow OFFICE OF ENVIRONMENTAL QUALITY 107. $1,900,000 for wastewater improvements project. Appropriates $2,827,000 for the Council on associated with the Toledo Waste Equali- 134. $450,000 for water and wastewater in- Environmental Quality and the Office of En- zation Basin, Ohio. frastructure needs for the Village of vironmental Quality as proposed by the 108. $1,425,000 for drinking water infrastruc- Klicktat, Washington. House instead of $2,675,000 as proposed by the ture needs in Jackson County, Ohio. 135. $950,000 for water and wastewater in- Senate. The conferees have once again in- 109. $1,000,000 for wastewater infrastructure frastructure improvements in Huntington, cluded bill language which prohibits CEQ improvements in Hood River, Oregon. West Virginia. from using funds other than those appro- 110. $2,900,000 for continued development of 136. $7,000,000 for water, wastewater, and priated directly under this heading. The the Three Rivers Wet Weather Demonstra- sewer infrastructure improvements in Davis Council is expected to implement this provi- tion program in Allegheny County, Pennsyl- ($1,850,000); Newburg ($1,900,000); the Chest- sion in a manner consistent with its imple- vania. nut Ridge Public Service District in Barbour mentation during fiscal years 1998 and 1999. 111. $1,000,000 for Hampden Township, County ($1,950,000); and Worthington The conferees note that the fiscal year 1999 Pennsylvania wastewater infrastructure im- ($1,300,000), West Virginia. Appropriations Act directed that ‘‘no less provements. 137. $5,000,000 for the City of Welch, West than $100,000 of the appropriated amount be 112. $1,000,000 for continued wastewater in- Virginia, for water and sewer improvements. used by CEQ for work on the NEPA Reinven- frastructure improvements for the 138. $3,000,000 for continued development of tion project . . . to establish a memorandum Springettsbury Township and City of York, the Metropolitan Milwaukee Sewerage Dis- of understanding between the Federal En- Pennsylvania. trict interceptor system. ergy Regulatory Commission and other ap- 113. $3,800,000 for groundwater, drinking 139. $1,000,000 for wastewater infrastructure propriate federal departments and agencies water and watershed infrastructure restora- improvements in Beloit, Wisconsin. to expedite review of natural gas pipeline tion and improvements in Carrolltown Bor- 140. $5,900,000 for continuation of the Na- projects.’’ The conferees commend CEQ for ough ($1,567,500); Sipesville ($2,118,500); and tional Community Decentralized Wastewater beginning this process and understand the the Saint Vincent watershed ($114,000), Penn- Demonstration Project to develop and trans- Council is currently awaiting input from the sylvania. fer technologies which offer alternatives to industry, which is expected shortly. The con- 114. $1,000,000 for wastewater infrastructure centralized wastewater treatment facilities. ferees continue to want this memorandum of improvements for the Roaring Brook Town- The three communities of Monroe County, understanding to occur in fiscal year 2000 ship Sewer Authority ($300,000); the Borough Florida Keys, Florida ($4,000,000); Mobile, and expect that it will help to serve as a of Olyphant ($300,000); and the Borough of Alabama ($1,200,000); and Skaneateles Lake, model to develop memoranda of under- Honesdale ($400,000), Pennsylvania. New York have been added to the demonstra- standing to expedite processing for other 115. $1,000,000 for wastewater and sewer in- tion project based on their unique and di- projects that require NEPA review. frastructure improvements in New Ken- verse geology and geography, as well as on sington, Pennsylvania. the commitment of each community to find FEDERAL DEPOSIT INSURANCE CORPORATION 116. $5,000,000 for water and wastewater in- appropriate alternative technologies to re- OFFICE OF INSPECTOR GENERAL frastructure improvements for the solve their wastewater treatment needs. The Appropriates $33,666,000 for the Office of In- Lewistown Municipal Water Authority Committee expects to continue the cost spector general as proposed by the House, in- ($500,000); Chambersburg Borough ($1,250,000); share requirements for these three projects stead of $34,666,000 as proposed by the Senate. Hollidaysburg Borough ($1,500,000); Houtzdale as was provided the first three project com- Funds for this account are derived from the Borough Municipal Authority ($200,000); Ty- munities. Bank Insurance Fund, the Savings and Loan October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10023 association Insurance Fund, and the FSLIC of $177,720,000 as proposed by the House. The for the New York Department of Environ- Resolution Fund. conferees agree that the reduction from the mental Conservation from this fund. FEDERAL EMERGENCY MANAGEMENT AGENCY budget request shall be applied to program NATIONAL INSURANCE DEVELOPMENT FUND DISASTER RELIEF offices in an equitable manner. FEMA is to The conferees agree to bill language which Appropriates $300,000,000 for disaster relief provide a track of the funding reduction as cancels the indebtedness of the Director of as proposed by the both the House and the part of its operating plan. FEMA. The House and Senate both included Senate. In addition, appropriates OFFICE OF INSPECTOR GENERAL the provision, but with technical differences. $2,480,425,000 in emergency funding for dis- Appropriates $8,015,000 for the Office of In- The conferees agree to include the House aster relief. The House and Senate bills did spector General as proposed by the Senate language. not provide for the emergency funding. instead of $6,515,000 as proposed by the NATIONAL FLOOD INSURANCE FUND The conferees have agreed to include lan- House. guage in the bill making $10,000,000 from sec- The conferees have included bill language EMERGENCY MANAGEMENT PLANNING AND tion 404 hazard mitigation grant funding which authorizes the National Flood Insur- ASSISTANCE available to the State of California for pilot ance Program for fiscal year 2000. Without projects to demonstrate seismic retrofit Appropriates $267,000,000 for emergency this authorization, new flood insurance poli- technology. Of this amount, FEMA is di- management planning and assistance instead cies could not be written throughout the fis- rected to use $2,000,000 to continue a pilot of $280,787,000 as proposed by the House and cal year. In addition, the conferees direct project of seismic retrofit technology on an $255,850,000 as proposed by the Senate. The FEMA to make $2,000,000 available to the existing welded steel frame building at Cali- conferees have included language in the bill New York Department of Environmental fornia State University, San Bernardino. which authorizes and directs FEMA to ex- Conservation for initiating the Statewide Also within the account, an additional tend its cooperative agreement for the Jones Flood Plain Mapping Program. The House $6,000,000 is available for continuation of a County, Mississippi emergency operating had proposed this earmark within the Flood project at Loma Linda University Hospital, center, modified with a technical change Map Modernization Fund. and $2,000,000 is available for a seismic ret- from that proposed by the Senate. NATIONAL FLOOD MITIGATION FUND The conferees agree that the amount pro- rofit project at the University of Redlands. Provides for the transfer of $20,000,000 from vided includes $25,000,000 for pre-disaster The conferees have also agreed to make the National Flood Insurance Fund to the mitigation activities and a reduction of available from section 404 hazard mitigation National Flood Mitigation Fund as proposed grant funding available to the respective $4,500,000 from the budget request for con- by the House. The Senate did not include a states, $1,000,000 for a hurricane mitigation solidated emergency performance grants. provision for the Fund. project at South Florida University, Ft. Lau- Unspecified reductions to the account are to derdale campus; $2,500,000 for a windstorm be taken in an equitable manner except as NATIONAL AERONAUTICS AND SPACE simulation project at Florida International provided below. ADMINISTRATION University; $1,000,000 for a logistical staging The conferees agree to make no specific re- Appropriates a total of $13,652,700,000 for area concept demonstration at the Stanly duction to the request for anti-terrorism ac- the National Aeronautics and Space Admin- County Airport in North Carolina; and tivities. However, the conferees are con- istration, instead of $12,653,800,000 as pro- $500,000 for wave monitoring buoys in the cerned that the proliferation of anti-ter- posed by the House and $13,578,400,000 as pro- Gulf of Mexico off the Louisiana coast. rorism activities throughout the Federal posed by the Senate. The conferees note that FEMA’s plans to government may give rise to duplication of The conferees agree to retain the current promulgate regulations pertaining to public efforts. FEMA is encouraged to take what- NASA account structure for fiscal year 2000. assistance insurance requirements have sig- ever action is required to ensure that its ef- The conferees agree to include a general nificant financial implications for states, forts do not duplicate the efforts of other provision which provides indemnification municipalities, and private non-profit hos- Federal entities. and cross-waivers of liability with regard to pitals and universities. The conferees believe The conferees direct FEMA to ensure that, experimental aerospace vehicle programs. it is important that FEMA obtain key data in exchange for the additional flexibility The language is included as a general provi- prior to finalizing such a rule. Therefore, the provided through the emergency manage- sion in title IV of the Act and is a modifica- conferees direct the General Accounting Of- ment performance grants, States are held ac- tion of language included as part of the fiscal fice to study the financial impacts of the countable for the funds by tying such funds year 1999 appropriations Act. The conferees proposed FEMA regulation and submit the to performance measures. FEMA is expected have also agreed to include a general provi- report to the Committees on Appropriations to provide adequate financial and pro- sion which provides for a one year extension of the House and Senate within 120 days. grammatic accountability in order to dem- of indemnification for commercial space Prior to finalizing a rule, FEMA is directed onstrate appropriate use of the funds. launches. to consider fully the GAO’s findings. The conferees agree to provide $400,000 for In addition, the conferees have agreed to The conferees agree that the Texas Task upgrades to the computer modeling capa- include a general provision which authorizes Force 1 is strategically located and fully bility of FEMA and the California Office of NASA to carry out a program to dem- operational and direct FEMA to do a full Emergency Services. Specifically, the Re- onstrate commercial feasibility and eco- evaluation of the task force and report back gional Assessment of Mitigation Priorities nomic viability of private sector business op- to the Committees on Appropriations of the computer program is to be upgraded to erations involving the International Space House and Senate as to whether it should be evaluate earthquake disaster mitigation Station. included in the Urban Search and Rescue projects. The conferees also agree to provide The conferees believe that the Inter- system. $1,500,000 for the commercialization of emer- national Space Station will be a catalyst for The conferees are concerned that FEMA future economic development activity in low may not have adequate resources available gency response technologies, to be performed by the National Technology Transfer Center, earth orbit. Therefore, the conferees have in- for the training of federal, state, local, and cluded bill language establishing a dem- volunteer disaster officials on the latest and $1,000,000 for the Operations Support Di- onstration program intended to test the fea- techniques in disaster response and resource rectorate to archive key agency documents sibility of commercial ventures using the management. Therefore, the conferees direct by digitalization to optical disks. station, and whether or not it is possible to FEMA to study the feasibility and the mer- The conferees agree with the Senate that operate the station in accordance with busi- its of establishing a national training acad- the full budget request of $5,500,000 is to be ness practices. In order to encourage private emy in south Florida for the above purposes. provided for the dam safety program. investment and increase economic activity In completing such study, FEMA should con- The conferees concur with House report in low earth orbit, NASA may negotiate for sult with other agencies engaged in natural language regarding an evacuation plan for payments, at a value set by the private mar- disaster response and assistance, and should the New Orleans area and direct FEMA to ket, and retain any funds received in excess take into account the activities of the Emer- work with the Southeast Louisiana Hurri- gency Management Institute in Emmitsburg, cane Task Force and the Louisiana One Coa- of costs for re-investment in the station eco- Maryland. The conferees expect FEMA to re- lition on the preparation of this evacuation nomic development program. The demonstration program applies only port back to the Committees on Appropria- and recovery plan and report. to the transition period associated with sta- tions of the House and Senate by January 31, EMERGENCY FOOD AND SHELTER PROGRAM tion assembly and early operations—a period 2000. Appropriates $110,000,000 for the Emer- during which fledgling businesses will expe- EMERGENCY Y2K ASSISTANCE gency Food and Shelter program as proposed rience their first opportunity for sustain- by both the House and Senate. Includes lan- The conferees agree not to establish a pro- able, continuous access to orbital labora- guage proposed by the Senate which makes gram of grants and loans to counties and tories. The conferees expect NASA to refrain the funds available until expended. local governments for expenses related to from picking winners and losers in this com- problems associated with the year 2000 date FLOOD MAP MODERNIZATION FUND ing era and instead enable the power of the change as proposed by the Senate. This pro- Appropriates $5,000,000 to establish the U.S. capital markets to come to bear on this gram was not included in the House bill. Flood Map Modernization Fund as proposed new frontier of U.S. economic development. SALARIES AND EXPENSES by the House. The Senate did not provide The conferees intend that the results of Appropriates $180,000,000 for salaries and funding for this program. The conferees this demonstration program—and lessons expenses as proposed by the Senate instead agree not to provide an earmark of $2,000,000 learned along the way—will be incorporated H10024 CONGRESSIONAL RECORD — HOUSE October 13, 1999 into NASA’s planning for long-term commer- providing necessary hardware, NASA is di- The conferees are concerned that the large cialization of the station, in concert with rected to provide the Committees on Appro- amount of data being collected as part of other ongoing activities such as the estab- priations with a report on all external hard- NASA science missions is not being put to lishment of a non-government organization ware components needed for the station that the best possible use. To allay these con- for station utilization and management. have been contracted for internationally, the cerns, the conferees direct NASA to contract Of the amounts approved in the following schedule for delivery of these components, with the National Research Council for the appropriations accounts, NASA must limit and the current status of each component study of the availability and usefulness of transfers of funds between programs and ac- with regard to completion and delivery. data collected from all of NASA’s science tivities to not more than $500,000 without The conferees agree that the two quarterly missions. The study should also address what prior approval of the Committees on Appro- reports requested in the International Space investments are needed in data analysis priations. Further, no changes may be made Station section of the Senate report shall commensurate with the promotion of new to any account or program element if it is not be required. Instead, NASA shall provide missions. construed to be policy or a change in policy. a quarterly report, beginning on April 1, 2000 The conferees note that the fiscal year 1998 Any activity or program cited in this report and every three months thereafter, which Statement of Managers (House Report 105– shall be construed as the position of the con- provides the status of station hardware con- 297) outlined a change in the allocation of ferees and should not be subject to reduc- struction and assembly, as well as associated advanced technology funding for space tions or reprogramming without prior ap- costs. The report shall highlight schedule science so that 75 percent of all such funding proval of the Committees on Appropriations and cost variance relative to the schedule would be done competitively through an an- of the House and Senate. Finally, it is the in- and cost included as the basis for the fiscal nouncement of opportunity. The conferees tent of the conferees that all carryover funds year 2000 budget request. urge NASA to continue its efforts to reach in the various appropriations accounts are The conferees recognize the funds appro- the 75 percent target in a manner that does subject to the normal reprogramming re- priated by this Act for the development of not undermine the core competencies of the quirements outlined above. the International Space Station may not be NASA centers. Furthermore, the conferees direct NASA to present a plan to the Com- HUMAN SPACE FLIGHT adequate to cover all potential contractual commitments should the program be termi- mittees on Appropriations by February 1, Appropriates $5,510,900,000 for human space nated for the convenience of the Govern- 2000 that details how the agency will meet flight. The House had proposed $5,388,000,000 ment. Accordingly, if the Space Station is the 75 percent goal for both space and earth in this account. The Senate had proposed terminated for the convenience of the Gov- sciences and preserve core competencies at two new accounts, International Space Sta- ernment, additional appropriated funds may NASA Centers. The plan should also articu- tion and Launch Vehicles and Payload Oper- be necessary to cover such contractual com- late how non-competitive funding will be al- ations, with a total of $5,638,700,000. Within mitments. In the event of such termination, located, by Center, to preserve core com- the amount provided, the appropriation for it would be the intent of the conferees to petencies. In addition, the report shall in- space shuttle is $3,011,200,000, the appropria- provide such additional appropriations as clude a plan to link NASA Centers with rel- tion for payload and utilization is may be necessary to provide fully for termi- evant academic laboratories to enhance Cen- $169,100,000, and the appropriation for space nation payments in a manner which avoids ter capabilities and core competencies. station development related activities is The conferees direct NASA to submit impacting the conduct of other ongoing $2,330,600,000. project status reports on a quarterly basis NASA programs. The amount provided for space shuttle op- for all space and earth science missions. The erations is $25,000,000 greater than the budget SCIENCE, AERONAUTICS AND TECHNOLOGY project status reports must include all request. The increase is provided for urgent Appropriates $5,606,700,000 for science, aer- projects in either phase B or phase C/D sta- safety upgrades for the shuttle and may be onautics and technology. The House had pro- tus and all mission operations and data anal- augmented with additional funding from posed $4,975,700,000 in this account and the ysis funding. The reports must also include shuttle operations if such funding is identi- Senate had proposed $5,424,700,000. The all advanced technology funding by subpro- fied throughout the fiscal year. The con- amount provided is $182,000,000 above the gram activity and future flight profile, and ferees agree that NASA is to undertake up- budget request. The amount provided con- salary and expense costs. The conferees fur- grades that are necessary to ensure contin- sists of: ther expect NASA to include in these quar- ued safe operation of the shuttle and NASA $2,197,850,000 for space science. terly project status reports a review of any is to provide a report to the Committees on $277,200,000 for life and microgravity mission or project that is exceeding its an- Appropriations which identifies proposed up- sciences. nual or aggregate budget by more than 15 grades, a schedule for accomplishing the up- $1,455,200,000 for earth sciences. percent. This review shall include a status grades, and the cost associated with each up- $1,158,800,000 for aeronautics and space report on the feasibility of the mission or grade. The report is to be provided to the transportation. project, the reasons for the cost overrun, and Committees on Appropriations by February $406,300,000 for mission support. a cost containment plan, in cases where 1, 2000. $141,300,000 for academic programs. NASA has determined to continue the mis- The conferees have included a proviso $29,950,000 in general reductions. sion or project. The conferees have included within the Human Space Flight account The conferees are aware of a recent capa- this reporting requirement as an alternative which reserves $40,000,000 for use only in con- bilities briefing that took place at NASA’s to the Senate recommendation that NASA nection with a shuttle science mission to be Independent Verification and Validation missions and projects be terminated where flown between the flight of STS–107 and De- (IV&V) Facility in conjunction with the their costs exceed their budget by 15 percent. cember of 2001. The conferees have taken this quarterly Senior Management Council Meet- The conferees believe NASA should seek action because of the belief that dedicated ing in June, 1999. The conferees understand further opportunities to expand the scope of science missions must continue during the that most NASA Center Directors or their the Consolidated Space Operations Contract assembly of the International Space Station designees were present at this briefing, as as a means to achieve additional savings for to ensure that the scientific community re- were the Assistant Administrators of the the agency and the taxpayer. Thus far, large mains fully engaged in human space flight various NASA enterprises. The conferees ex- portions of the deep space network (DSN) activities. Funding of $15,000,000 provided for pect substantial integration of the IV&V Fa- and related mission operations infrastruc- the life and microgravity science program in cility into the NASA system, and in par- ture have been exempted from CSOC. There- fiscal year 1999 is to be used for STS–107 ticular, the activities of the Goddard Space fore, the conferees direct NASA’s space oper- ($5,000,000) and for principal investigators as- Flight Center (GSFC). This Center should ations management office (SOMO) to under- sociated with the dedicated flight which will take specific note of this opportunity due to take a study, to be submitted to the Com- occur before December, 2001 ($10,000,000). its close proximity to the IV&V Facility. To mittees on Appropriations by February 8, The amount provided for the international these ends, the conferees direct the Adminis- 2000, that evaluates transferring all remain- space station program is $2,330,600,000, a de- trator to report, in conjunction with GSFC ing non-CSOC work in the telecommuni- crease of $152,100,000 from the budget re- and no later than June 1, 2000, on what new cations and mission operations directorate quest. The reductions include a transfer of activities the various NASA Centers are ini- (TMOD), including all work designated for $17,100,000 to Mission Support to cover emer- tiating with the IV&V Facility. mission operations partnership services gent personnel costs, a reduction of The conferees are aware of the NASA (MOPS), Jet Propulsion Lab (JPL) mission $100,000,000 from the funds requested for de- Sounding Rocket Operations contract services, DSN operations architecture devel- velopment of the crew return vehicle, and a (NSROC) competitive procurement for rock- opment and the deep space network services general reduction of $35,000,000. et systems now underway, and see this as an management system (DSMS) to the CSOC The conferees agree that international excellent opportunity to invigorate the do- contract. agreements to provide hardware for the mestic sounding rocket industry, which has The space operations management office space station should be binding and such languished in recent years. Therefore, NASA should identify and compare the full and agreements should be structured in such a is directed to instruct the NSROC contractor total existing direct and indirect cost of the way as to avoid complicating the assembly to choose the best domestic competitor for TMOD workforce with the projected cost of of the station. In order to be more fully in- this procurement, if the NASA Adminis- this workforce when transferred to CSOC on formed on what potential problems may trator determines the competitor has satis- October 1, 2000. The transfer and cost anal- arise due to a reliance on foreign entities fied the requirements of the contract. ysis shall include all positions in the entire October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10025 TMOD base, including employees assigned to the Hubble Space Telescope. The conferees plan detailing a robust program for Code Y specific flight projects, data services, mis- are aware of the strong support in the sci- utilization of unmanned aerial vehicles sion services and research and development entific community for proceeding with the (UAVs). The conferees expect NASA to move costs related to the deep space network oper- infrared channel on Wide Field–3 Camera. ahead with the UAV Science Demonstration ations infrastructure. Cost calculations for The conferees have provided sufficient re- Program as detailed in the fiscal year 2000 determining the existing full costs of TMOD sources in fiscal year 2000 to begin work on budget justification, and to request fiscal shall utilize the rates and estimates stated its development so that it will be ready for year 2001 funding for this program in con- in the FY 99–01 JPL Cost Estimation Rates the final servicing mission now scheduled for formity with the five-year plan. and Factors Manual and shall include direct Hubble in the 2002–03 timeframe. The conferees do not agree with the Senate labor, fringe benefits, leave, vacation pay, 16. An increase of $21,000,000 for the Sun- directive to provide a report on the commer- and full burden rates applied to the work Earth Connections program, including an in- cialization of EOSDIS data. performed at JPL. The full JPL burden rate crease of $15,000,000 for STEREO and The conferees agree that NASA is to sub- calculation for estimating current TMOD $6,000,000 for advanced technology for post- mit a report by March 15, 2000 on an EOS–II costs shall follow precisely all terms and STEREO missions. strategy that articulates in detail the NASA rates stated in the FY 99–01 JPL Cost Esti- 17. An increase of $3,000,000 for the develop- plan for earth science through fiscal year mation Rates and Factors Manual. ment of STEP-Air SEDS, an electrodynamic 2010. Specific program adjustments are outlined tether facility to place and manipulate sat- The conferees direct NASA, in conjunction below. ellites in their orbits without the use of with the National Science Foundation, the SPACE SCIENCE chemical propellants. To the extent this is a Environmental Protection Agency, and the viable and useful technology, it is expected Federal Emergency Management Agency, to The conferees agree to the following that NASA will include the necessary funds report by April 15, 2000 on a plan to dem- changes to the budget request: onstrate the potential benefits of remote 1. Reduce funding for future planning for in the fiscal year 2001 budget. 18. An increase of $1,000,000 for a satellite sensing. the Explorer program by $6,100,000. The con- telescope at Western Kentucky University. The conferees agree to the following ferees direct NASA to ensure that this reduc- 19. An increase of $4,000,000 for the Sci- changes to the budget request. tion will not impact the current Explorer an- Quest hands-on science center in Huntsville, 1. An increase of $2,000,000 for a Remote nouncement of opportunity selection, ensur- Alabama. Sensing Center for Geoinformatics at the ing that there will be two awards made for 20. An increase of $2,000,000 for research University of Mississippi. the mid-explorer competition. into advanced hardware and software tech- 2. An increase of $1,000,000 for the Advanced 2. Reduce funding for future planning for nologies at Montana State University, Boze- Tropical Remote Sensing Center of the Na- the Discovery program future mission by man. tional Center for Tropical Remote Sensing $23,700,000. The conferees expect that this re- 21. An increase of $2,500,000 for the Bishop Applications and Resources at the Rosenstiel duction will not adversely impact funds Museum. School of Marine and Atmospheric Science. available for Contour, Messenger and Deep 22. An increase of $1,000,000 for the Chabot 3. An increase of $10,000,000 for the Re- Impact so that each can launch on its cur- Observatory, Oakland, California. gional Application Center in Cayuga County, rent schedule. In addition, the conferees ex- 23. An increase of $4,000,000 for the Green New York. pect that there will be sufficient funds in fis- Bank Radio Telescope Museum. 4. An increase of $2,500,000 for a joint U.S./ cal year 2000 to extend NEAR operations to 24. An increase of $750,000 for the Museum Italian space-based research initiative for correspond to next year’s encounter with the of Discovery and Science in Ft. Lauderdale, the study and detection of forest fires. Eros asteroid. Florida. 5. An increase of $3,000,000 for continuation 3. Reduce funding for Mars missions by 25. An increase of $500,000 for the Science of programs at the American Museum of $22,800,000. The conferees have made this ad- and Technology Museum, Discovery Place in Natural History. justment without prejudice in light of the re- Charlotte, North Carolina. 6. An increase of $1,500,000 for a remote cent failure of this mission. The Committees LIFE AND MICROGRAVITY SCIENCES sensing center at the Fulton-Montgomery on Appropriations are troubled by this sec- The conferees have included a provision in Community College in New York. The center ond failure of a Mars orbiting spacecraft in the Human Space Flight account which calls is to work through the Regional Application recent years and expect a complete report on for two science missions prior to December Center at Cayuga County, New York. the cause of the most recent failure and of 2001. The first mission, STS–107 will uti- 7. An increase of $1,000,000 for continued what corrective actions NASA will take to lize up to $5,000,000 of the amounts provided development of nickel metal hydride battery prevent a failure on subsequent Mars mis- in this account in fiscal year 1999. The re- technology. 8. An increase of $31,000,000 for the EOSDIS sions. This report is due within 180 days of maining $10,000,000 from the fiscal year 1999 Core System. enactment of this Act. appropriation is to be used to finance prin- 4. Reduce funding for supporting research 9. An increase of $2,000,000 for the Advanced cipal investigators affiliated with the second and technology by $4,400,000. Fisheries Management Information System, science mission. 5. A reduction of $37,400,000 in the funding of which $500,000 is to be used to develop a The conferees agree to the following for the Champollion mission due to cancella- companion program at the University of changes to the budget request: tion of the mission. 1. An increase of $14,000,000 for infrastruc- Alaska, Fairbanks. 6. A reduction of $100,000 to finance per- 10. An increase of $2,000,000 for the EOS Na- ture needs at the University of Missouri, Co- sonnel related expenses. These funds are pro- tional Resource Training Center at the Uni- lumbia. vided within the Mission Support account. 2. An increase of $1,000,000 for the ‘‘Garden versity of Montana, Missoula. 11. An increase of $1,000,000 for the PIPE- 7. An increase of $8,000,000 for Space Solar Machine’’ program at Texas Tech University. Power. 3. An increase of $4,000,000 for the Space LINE project at Iowa State University and 8. An increase of $2,000,000 for the Science Radiation program at Loma Linda Univer- Southern University, Baton Rouge. 12. An increase of $7,000,000 to the EOSDIS Center at Glendale Community College. sity Hospital. 9. An increase of $1,500,000 for the Louis- 4. An increase of $2,000,000 for the Neutron Core System to develop additional uses for ville Science Center. Therapy Facility at Fermi Lab. NASA’s Earth Observing System to make 10. An increase of $1,500,000 for the Science data more readily available for potential Center Initiative at Ohio Wesleyan Univer- EARTH SCIENCES user communities. sity. The conferees have not terminated the 13. An increase of $1,000,000 for the Field 11. An increase of $5,000,000 for the Polymer Triana program as the House had proposed. Museum for the ‘‘underground adventure’’ Energy Rechargeable System (PERS). The Instead, the conferees direct NASA to sus- exhibit. conferees recognize the leadership of NASA pend all work on the development of the 14. An increase of $2,000,000 for research in Glenn in battery technology development Triana satellite using funds made available remote sensing applications at the Univer- and encourage NASA to continue this pro- by this appropriation until the National sity of Missouri, Columbia. gram. Working with scientists at Wright Academy of Sciences (NAS) has completed 15. An increase of $300,000 for the State Patterson Air Force Base, the PERS pro- an evaluation of the scientific goals of the University of New York College of Environ- gram will develop significant space, defense, Triana mission. The conferees expect the mental Sciences and Forestry for a remote and commercial applications and therefore NAS to move expeditiously to complete its sensing applications project. should continue at NASA Glenn. evaluation. In the event of a favorable report 16. A decrease of $20,000,000 from the 12. An increase of $2,000,000 for the center from the NAS, NASA may not launch Triana LightSAR program. The conferees agree that on life in extreme thermal environments at prior to January 1, 2001. The conferees have NASA’s action to terminate the LightSAR Montana State University in Bozeman. no objection to NASA’s reserving funds made program has resulted in a missed oppor- 13. An increase of $3,000,000 for the Adler available by this appropriation for potential tunity by failing to recognize the commit- Planetarium in Chicago, Illinois. termination costs. The conferees recognize ment to commercial investment and signifi- 14. NASA is directed to provide an increase that, if a favorable report is rendered by the cant interest shown by private industry in of $10,000,000 for fundamental physics re- NAS, there will be some additional cost re- the current structure of the program. search. sulting from the delay. LightSAR continues to offer tremendous po- 15. An increase of $23,000,000 for science The conferees agree with the House lan- tential for a number of practical applica- costs related to the next servicing mission of guage directing NASA to develop a five-year tions, most particularly as an all-weather H10026 CONGRESSIONAL RECORD — HOUSE October 13, 1999 method for remote sensing of the Earth’s cluding a flight control upgrade to the F–15 8. An increase of $2,000,000 for continued surface. The conferees direct NASA to review Active. academic and infrastructure needs related to the history of this program and report to the 7. An increase of $1,500,000 for the Software the computer sciences, mathematics and Congress by February 1, 2000 on actions the Optimization and Reuse Technology pro- physics building at the University of Red- agency can undertake to support industry- gram. lands. led efforts to develop an operational syn- 8. An increase of $2,000,000 for the estab- 9. An increase of $5,400,000 for the EPSCoR thetic aperture radar capability in the lishment of the NASA-Illinois Technology program. United States, with particular focus on Commercialization Center as an extension of 10. An increase of $1,000,000 for the Science NASA as a data customer. the Midwest Regional Technology Transfer Learning Center in Kenai, Alaska. 17. A decrease of $23,500,000 from reserves Center, to be located at the DuPage County 11. An increase of $2,000,000 for the Lewis being held for the PM–1 mission. Research Park. and Clark Rediscovery Web Technology 18. A decrease of $5,700,000 from algorithm 9. An increase of $1,000,000 for Miami-Dade Project. development. Community College-Homestead Campus to 12. An increase of $1,000,000 for the Science 19. A decrease of $22,000,000 from the fund- develop a technology-oriented business incu- Museum at Spelman College. ing requested for EOS special spacecraft. bator in Homestead, Florida. 13. An increase of $7,600,000 for Minority 10. An increase of $2,000,000 for the Earth AERONAUTICS AND SPACE TRANSPORTATION University Research and Education projects, Alert program for a test of the system including $1,000,000 to provide support for the The conferees agree that an independent throughout the State of Maryland. establishment of a Center of Excellence in review of NASA’s decision to terminate the 11. An increase of $1,500,000 for the Na- Mathematics and Science at Texas College. High Speed Research and Advanced Subsonic tional Technology Transfer Center, to bring 14. An increase of $500,000 for the Univer- Technology programs is necessary. The con- total funding for the center up to $7,200,000. sity of San Diego for a Science and Edu- ferees direct the Office of Science and Tech- 12. An increase of $500,000 to study aircraft cation Center. nology Policy to conduct such a review cabin air quality at the Education and Re- 15. An increase of $500,000 for the City of which should address the overall impact of search Center for Occupational Safety and Ontario, California for the development of a these terminations on the United States Health in Baltimore, Maryland. Science and Technology Learning Center. aviation industry as well as the impact on 13. An increase of $80,000,000 for Space 16. The conferees agree to provide the the core competencies of NASA centers. The Liner 100 efforts. budget request of $2,000,000 for the Classroom review should also address the merits of 14. An increase of $1,500,000 for the Western of the Future project. NASA undertaking a program to improve Environmental Technology Office, Butte aircraft safety and reduce aircraft noise Montana. MISSION SUPPORT emissions. The conferees direct that this re- 15. An increase of $5,000,000 for the Na- Appropriates $2,515,100,000 for mission sup- port be completed no later than July 1, 2000. tional Center for Space Technology. port instead of $2,269,300,000 as proposed by The conferees are aware of NASA’s recent 16. An increase of $3,000,000 for enhanced the House and $2,495,000,000 as proposed by ERAST research announcement to bid com- vision system technology development. the Senate. The amount provided includes an petitively, important technology thrusts for 17. An increase of $20,000,000 for efforts re- increase of $20,200,000, derived from other ac- combustible fuel vehicle research, with the lated to aircraft noise reduction. counts, to cover emergent personnel related goal of providing unmanned aerial vehicle 18. An increase of $1,000,000 for the Insti- requirements including lower than antici- (UAV) platforms to meet Code Y require- tute for Software Research, for the modeling pated personnel retirements and govern- ments by fiscal year 2002. The conferees are and simulation of electromagnetic phe- ment-wide pay rate changes. equally supportive of NASA’s plan for flight nomena for alternative space propulsion con- The conferees continue to prohibit the use testing as part of the solar-electric airplane cepts. of funds appropriated or otherwise made program at the Pacific Missile Range Facil- 19. An increase of $200,000 for the Garret available to the National Aeronautics and ity (PMRF). Therefore, the conferees expect Morgan Initiative in Ohio. Space Administration by this Act, or any NASA to balance carefully these two impor- 20. A decrease of $2,900,000 for personnel re- other Act enacted before the date of enact- tant initiatives. Furthermore, NASA should lated expenses, transferred to Mission Sup- ment of this Act, by the Administrator of remain sensitive to transition funding for port. NASA to relocate aircraft of the National the partners of the ERAST Alliance during MISSION COMMUNICATIONS Aeronautics and Space Administration based this period, such that past NASA invest- The conferees have provided $406,300,000 for east of the Mississippi River to the Dryden ments in these partners is not undermined. Mission Communications, the same amount Flight Research Center in California. The conferees are aware of the many suc- as provided by the House and Senate. OFFICE OF INSPECTOR GENERAL cessful technology transfer arrangements ne- ACADEMIC PROGRAMS Appropriates $20,000,000 for the Office of In- gotiated in rural states through the NASA The conferees have agreed to the following spector General as proposed by the Senate, Techlink program and expect NASA to con- changes to the budget request: instead of $20,800,000 as proposed by the tinue the program at the current level. 1. An increase of $6,500,000 for the National House. The conferees are concerned that signifi- Space Grant College and Fellowship Pro- ADMINISTRATIVE PROVISONS cant reductions in NASA’s budget request gram, for a total of $19,100,000. for rotorcraft research will undermine the Deletes language proposed by the House 2. An increase of $1,500,000 for the Franklin which directed NASA to develop a revised core competencies in this technology at the Institute for development of an exhibit on Glenn and Langley research centers. The appropriations structure for fiscal year 2001. astronomy. Deletes language proposed by the Senate conferees believe that NASA should take 3. An increase of $2,300,000 for the JASON which directed NASA to terminate any pro- into consideration the valuable service these Foundation’s JASON XI expedition, ‘‘Going gram which experienced a cost growth of 15 centers provide to the Department of De- to Extremes.’’ percent. fense for its Joint Transport Rotorcraft and 4. An increase of $1,000,000 for the Carl Inserts a new general provision which lim- tiltrotor programs and take efforts to ensure Sagan Discovery Center at the Children’s its the amounts NASA may use for the Inter- the centers retain their expertise in rotor- Hospital at Montefiore Medical Center. national Space Station. craft research. 5. An increase of $4,000,000 for the Texas The conferees agree to the following Learning and Computational Center at the NATIONAL CREDIT UNION ADMINISTRATION changes to the budget request: University of Houston. CENTRAL LIQUIDITY FACILITY 1. An increase of $20,000,000 for Ultra Effi- 6. An increase of $4,000,000 for the Space Appropriates $1,000,000 for the National cient Engine Technology. Science Museum and Educational Program Credit Union Administration for the Commu- 2. An increase of $1,800,000 for phase two of at Downey, California. The conferees are nity Development Revolving Loan Program the synthetic vision information system concerned about the transfer of NASA prop- for credit unions, as proposed by the House being tested at the Dallas-Ft.Worth Airport. erty at the space shuttle manufacturing fa- instead of no funding as proposed by the Sen- 3. An increase of $1,200,000 for continued cility in Downey, California to the City when ate. support of the Dynamic Runway Occupancy the contractor leaves the facility at the end NATIONAL SCIENCE FOUNDATION Measurement System demonstration at the of the year. The conferees endorse the proc- Seattle-Tacoma Airport. ess established by GSA for disposal of his- RESEARCH AND RELATED ACTIVITIES 4. An increase of $2,000,000 to facilitate the toric artifacts at the facility, specifically, Appropriates $2,966,000,000 for research and acquisition of a 16 beam SOCRATES system the space shuttle mock-up and astronaut related activities instead of $2,768,500,000 as and integration of SOCRATES into the footprints. The conferees do not intend to proposed by the House and $3,007,300,000 as AVOSS program. circumvent this process, but the conferees proposed by the Senate. Bill language pro- 5. An increase of $10,000,000 for the Trail- agree that GSA should take into consider- vides up to $253,000,000 of this amount for blazer program at the Glenn Research Cen- ation the historical significance of these ar- Polar research and operations support. ter. tifacts at the Downey site, a significance The conferees have included bill language 6. An increase of $1,000,000 for the Institute that would be lost if the artifacts were to which specifies that $60,000,000 of appro- for Software Research to continue its col- move to a different location. priated funds are to be for a comprehensive laborative effort with NASA-Dryden, focus- 7. An increase of $2,000,000 for the Ohio research initiative on plant genomes for eco- ing on adaptive flight control research, in- View Project. nomically significant crops. Language has October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10027 also been included which prohibits NSF from da agreed to by the United States and Japan. ning process. In addition, the conferees have obligating or expending funds to enter into In this regard, the conferees expect the provided $10,000,000 to initiate a new Office of or extend a grant, contract, or cooperative Foundation to provide up to $5,000,000 from Innovation Partnerships. This new office, in agreement regarding the administration of within available funds for logistical activi- addition to housing the EPSCoR program, the domain name and numbering system of ties in support of United States-Japan inter- will examine means of helping those non- the Internet. national research activities related to global EPSCoR institutions receiving among the Finally, the conferees have agreed to bill climate change. least federal research funding expand their language which: (1) prohibits funds spent in Consistent with a directive of the Senate research capacity and competitiveness so as this or any other Act to acquire or lease a re- to strengthen international cooperation in to develop a truly national scientific re- search vessel with ice-breaking capability science and engineering, the conferees en- search community with appropriate research built or retrofitted outside of the United courage NSF to consider providing from centers located throughout the nation. States if such a vessel of United States ori- within available funds up to $3,000,000 to The conferees expect that funds for these gin can be obtained at a cost of not more strengthen cooperative research activities two efforts will be included in a single pro- than 50 per centum above the cost of the between the United States and the former gram office within the EHR account, under least expensive, technically acceptable, non- Soviet Union through the Civilian Research the direct supervision of the Director’s of- United States vessel; (2) requires that the and Development Foundation. fice. Building upon the EPSCoR experience, amount of subsidy or financing provided by a Except as previously noted, the conferees the conferees also expect the new office to foreign government, or instrumentality expect that the remaining additional funds work with CISE to insure that all areas of thereof, to a vessel’s construction shall be will be distributed proportionately and equi- the country share in advanced networking included as part of the total cost of such ves- tably, consistent with the ratio of the budget and computing activities, especially rural sel; and (3) provides that should a U.S. vessel request level above the fiscal year 1999 fund- and insular areas with research institutions. as set forth in the foregoing language not be ing level, among all of the remaining direc- Assistance in developing scientific research available for leasing for the austral summer torates, and request that such distribution applications for use on the computing and Antarctic season of 2002–2003, and thereafter, be specifically noted in the fiscal year 2000 networking systems now available as a re- a vessel of any origin can be leased for a pe- Operating Plan submission. sult of earlier NSF programs is a high pri- riod not to exceed 120 days of that season The conferees commend the Foundation for ority in the EPSCoR states. The conferees until delivery of such a United States vessel its support of the National High Magnetic also expect the new office to coordinate with occurs. Field Laboratory (NHMFL) located in Talla- all research and related activities direc- The conference agreement provides an in- hassee, Florida. That laboratory is an excel- torates. crease of $196,000,000 above the fiscal year lent example of a facility that has worked The conference agreement also provides 1999 appropriated level for research and re- closely with teams of academic and indus- $10,000,000 for Historically Black Colleges lated activities, $90,000,000 of which is to be trial scientists from throughout the United and Universities through the underrep- used within the Computer and Information States and abroad. The conferees strongly resented population undergraduate reform Sciences and Engineering (CISE) directorate support the work of this important national initiative, including $8,000,000 from the EHR and $106,000,000 of which is for the remaining facility and commend the NSF for its in- account and $2,000,000 from the RRA account. directorates, including Integrative Activi- creased support and interest in the work of Similarly, the conferees have provided the ties. the NHMFL. budget request level of $46,000,000 for the In- With regard to the additional funds pro- Finally, pursuant to recommendations formal Science Education (ISE) program. vided for CISE, the conferees expect the made by the federally-mandated National This program has acted as a catalyst for in- Foundation to support individual and team Gambling Impact Study Commission, the creasing the public’s appreciation and under- research projects related to information conferees encourage the NSF to explore the standing of science and technology in set- technologies, specifically in the areas rec- feasibility of establishing a multi-discipli- tings such as science centers, museums, zoos, ommended in the PITAC report and in H.R. nary research program that will estimate aquariums, and public television. The ISE 2086. Among the most important of these are the benefits and costs of gambling. program has also been involved in the profes- sional development of science teachers. The software research, scalable information in- MAJOR RESEARCH EQUIPMENT frastructure, software design, stability, secu- conferees continue to support this important Appropriates $95,000,000 for major research rity and reliability, as well as the need to ac- program, including its focus for fiscal year equipment instead of $56,500,000 as proposed quire high-end computing equipment. In ad- 2000 on increasing access to informal learn- by the House and $70,000,000 as proposed by dition, the conferees expect an appropriate ing opportunities in inner cities and rural the Senate. level of funding be provided for research to areas that have received little exposure to The conference agreement provides the study privacy and access to information, and science and technology. budget request level for all projects within to further the understanding of the impact Except as previously noted, the conferees the MRE account, including $36,000,000 for information technology advances have on expect that the remaining additional funds the development and construction of a new, issues that are of significant societal, eth- will be distributed proportionately and equi- single site, five teraflop computing facility. ical, and economical importance. Finally, as tably, consistent with the ratio of the budget The conferees expect that the competition the NSF prepares to release CISE research request level above the fiscal year 1999 fund- for this project will allow for significant par- funds through its normal competitive proc- ing level, among all of the remaining direc- ticipation by universities and other institu- ess, the conferees strongly encourage that an torates, and request that such distribution tions throughout the country, and will have increased ratio of grants be issued at higher be specifically noted in the fiscal year 2000 as its goal completion of such a facility funding levels and for longer duration. Operating Plan submission. within 16 months of enactment of this Act. Within the amounts made available to all SALARIES AND EXPENSES The conferees further expect the Foundation other directorates, $50,000,000 is for the new Appropriates $149,000,000 for salaries and to provide regular, informal reports as to the Biocomplexity Initiative. All other programs expenses instead of $146,500,000 as proposed progress of this project, including the fund- within the Integrative Activities direc- by the House and $150,000,000 as proposed by ing requirements necessary to complete five torate, except the Opportunity Fund, have the Senate. Consistent with the position of teraflop capability. been funded at the budget request. The Op- the Senate, the conferees direct the Founda- The conference agreement also provides portunity Fund has, without prejudice, not tion to fund program travel only from within $10,000,000 to begin production of the High- been funded for fiscal year 2000. the salaries and expenses account. Addition- Performance Instrumented Airborne Plat- The NSF is directed to provide up to ally, the conferees urge the Foundation to form for Environmental Research (HIAPER). $5,000,000 for the National Oceanographic improve its oversight activity of its many This new high-altitude research aircraft will, Partnership Program, and is further directed programs, using available funds from within upon its completion, be available to support to contract with a non-federal entity to this account. critical and outstanding atmospheric science carry out a review of the merit review proc- OFFICE OF INSPECTOR GENERAL ess of the Foundation. This review is to be research opportunities over the next 25 to 30 Appropriates $5,450,000 for the Office of In- completed and submitted to the Committees years. spector General instead of $5,325,000 as pro- on Appropriations within eleven months of EDUCATION AND HUMAN RESOURCES posed by the House and $5,550,000 as proposed enactment of this Act. Appropriates $696,600,000 for education and by the Senate. The conferees expect the OIG The conferees have provided $25,000,000 for human resources instead of $660,000,000 as to increase efforts in the areas of cost-shar- Arctic research support and logistics, an in- proposed by the House and $688,600,000 as pro- ing, indirect costs, and reducing misconduct crease of $3,000,000 above the budget request. posed by the Senate. in scientific research. The conferees expect the Foundation, in con- Within this appropriated level, the con- junction and in close cooperation with the ferees have provided $55,000,000 for the Exper- NEIGHBORHOOD REINVESTMENT CORPORATION Interagency Arctic Research and Policy imental Program to Stimulate Competitive PAYMENT TO THE NEIGHBORHOOD Committee to develop a multi-year, multi- Research (EPSCoR) to allow for renewed em- REINVESTMENT CORPORATION agency plan for the implementation of joint phasis on research infrastructure develop- Appropriates $75,000,000 for the Neighbor- United States-Japan Arctic research activi- ment in the EPSCoR states, as well as to hood Reinvestment Corporation instead of ties as envisioned by the March 1997 science permit full implementation awards to states $80,000,000 as proposed by the House and and technology section of the Common Agen- which have research proposals in the plan- $60,000,000 as proposed by the Senate. H10028 CONGRESSIONAL RECORD — HOUSE October 13, 1999

SELECTIVE SERVICE SYSTEM Deletes language proposed by the Senate out problem. The Senate VA/HUD FY 2000 SALARIES AND EXPENSES expressing the sense of the Senate regarding appropriations bill also includes authority Appropriates $24,000,000 for salaries and ex- aeronautics research. This issue has been ad- on section 202 and assisted living units. penses instead of $7,000,000 for termination dressed in the NASA section of title III. The legislation protects existing residents costs as proposed by the House and $25,250,000 Deletes language proposed by the Senate of Federal-assisted housing from being as proposed by the Senate. directing the EPA Administrator to develop forced to move from their homes in the face a compliance plan for the underground stor- TITLE IV—GENERAL PROVISIONS of market-rate rent increases; preserves the age tank program. This issue was addressed housing as affordable itself where appro- Retains language proposed by the Senate in the EPA Leaking Underground Storage priate by emphasizing renewal at market- permitting EPA appropriations to be used Tank Program under title III. rate rents for developments that serve sen- for comprehensive conservation and manage- Inserts modified language proposed by the iors or persons with disabilities or in other ment plans. Senate extending the comment period on the Deletes language proposed by the House circumstances where there is risk of loss of proposed rule related to section 303(d) of the an important affordable housing resource; and stricken by the Senate providing for a Clean Water Act by 90 days. The conferees rescission of Tennessee Valley Authority and provides flexibility for the conversion of agree that nothing in this language is in- housing to assisted living environments to borrowing authority. tended to limit EPA’s administrative au- Inserts and modifies language proposed by allow seniors to ‘‘age in place.’’ thority to extend the comment period be- the Senate to hereafter authorize the use of Title V represents a consensus between the yond this 90 day period. funds for the United States/Mexico Founda- House and Senate VA/HUD Appropriations Inserts language proposed by the Senate tion for Science. Inserts new language re- subcommittees as well as the House Banking extending the authority of 16 U.S.C. 777c(a) naming the Foundation the ‘‘George E. Committee. The references to conferees here- through calendar year 2000. in reflect the views of all these parties. Brown United States/Mexico Foundation for Inserts modified language proposed by the Science.’’ Senate prohibiting EPA from promulgating SECTION BY SECTION: ‘‘PRESERVING AFFORD- Deletes language proposed by the House the Phase II stormwater regulations until ABLE HOUSING FOR SENIOR CITIZENS INTO THE and stricken by the Senate prohibiting the the Administrator submits a report to the 21ST CENTURY’’ use of funds by the EPA to publish or issue Senate Committee on Environment and Pub- Section 501. Short title and table of contests assessments under the Global Change Re- lic Works and the House Committee on search Act unless certain conditions are met. Titled cited as ‘‘Preserving Affordable Transportation and Infrastructure. The conferees have addressed this issue in Housing for Senior Citizens into the 21st Inserts language proposed by the Senate the EPA Environmental Programs and Man- Century Act’’. prohibiting the EPA’s expenditure of funds agement account under title III. to promulgate a final regulation to imple- Section 502. Regulations Deletes language proposed by the House ment changes in the payment of pesticide Provides that the HUD Secretary shall and stricken by the Senate expressing House tolerance fees for fiscal year 2000. The con- issue regulations necessary to carry out the support for the improvement of health care ferees support and encourage EPA and the provisions of the Act only after notice and services in rural areas. Similar language is industry’s joint effort to develop a com- opportunity for public comment. included in the Administrative Provisions prehensive fee-for-service proposal to provide section of title I. Section 503. Effective date Restores language proposed by the House the necessary additional resources for reg- istration and tolerance actions coupled with Provisions of the Act are effective as of the and stricken by the Senate expressing the date of enactment unless such provisions sense of the Congress that honor guards at a EPA performance enhancements, milestones, and accountability. The conferees expect specifically provide for effectiveness or ap- veteran’s funeral is a benefit that a veteran plicability upon another date. The authority has earned. that this fiscal year 2000 prohibition will not be repeated in future years. The conferees di- to issue regulations to implement this Act Deletes language proposed by the House shall not be construed to affect the effective- and stricken by the Senate reducing certain rect that the EPA not reduce its effort to ap- prove both pesticide reassessments and ap- ness or applicability of the bill as of the ef- accounts within the bill by $7,000,000 and in- fective date. creasing another account by a like amount. proval of new applications at a pace pre- Deletes language proposed by the Senate sumed in the budget submittal. Subtitle A—Authorization of Appropriations prohibiting the use of funds to carry out Ex- Inserts language amending section 70113(f) for Supportive Housing for the Elderly and ecutive Order 13083. of title 49, U.S.C., providing for a one year Persons With Disabilities Inserts language proposed by the Senate extension of indemnification for commercial Section 511. Supportive housing for elderly per- prohibiting HUD from using funds for any space launches. sons activity in excess of amounts set forth in the Inserts language providing the National Provides annual authorization of appro- budget estimates. Aeronautics and Space Administration with Inserts modified language proposed by the authority to establish a demonstration pro- priation of $710 million for existing program Senate prohibiting the use of funds for the gram regarding the commercial feasibility of of supportive housing for the elderly (section purpose of lobbying or litigating against any private sector business operations involving 202) for FY2000. Federal entity or official, with certain ex- the International Space Station. Section 512. Supportive housing for persons with ceptions. Inserts language repealing section 431 of disabilities Deletes language proposed by the Senate Public Law 105–276 and amending the Na- Provides annual authorization of appro- prohibiting the obligation of any funds after tional Aeronautics and Space Act of 1958 to priation of $201 million for supportive hous- February 15, 2000 unless each department allow for insurance, indemnification, and li- ing for the disabled (section 811) for FY2000. provides a detailed justification for all sal- ability protection for experimental aero- ary and expense activities for fiscal years space vehicle developers. Section 513. Service coordinators and congregate services for elderly and disabled housing 2001–2005. TITLE V—PRESERVATION OF Inserts modified language proposed by the AFFORDABLE HOUSING Provides annual authorization of appro- Senate amending section 101 (20)(D) of OVERVIEW priation of $50 million for grants for service CERCLA to stipulate that law enforcement coordinators for certain federally assisted Title V combines certain provisions from agencies shall not be considered owners or multifamily housing projects for FY2000. three bipartisan House housing bills (includ- operators following seizure of properties Subtitle B—Expanding Housing Opportuni- needing certain environmental cleanup re- ing H.R. 202 ‘‘Preserving Affordable Housing for Senior Citizens into the 21st Century ties for the Elderly and Persons With Dis- sponse. abilities Inserts modified language proposed by the Act,’’ introduced by Reps. James A. Leach Senate prohibiting the use of funds for any and Rick Lazio, H.R. 1336 ‘‘Emergency Resi- Section 521. Study of debt forgiveness for section activity or publication or distribution of lit- dent Protection Act of 1999’’, introduced by 202 loans erature that is designed to promote public Reps Leach, Lazio and James T. Walsh, and Requires the Secretary to conduct a study support or opposition to any legislative pro- H.R. 1624 ‘‘Elderly Housing Quality Improve- of the net impact on the Federal budget def- posal on which Congressional action is not ment Act’’, introduced by Reps. John J. La- icit or surplus of making available, on a one- complete. Falce, Barney Frank and Bruce Vento) and time basis, debt forgiveness relating to re- Deletes language proposed by the Senate the title is designed to address a potentially maining principal and interest from Section redesignating an economic development crisis-level loss of affordable housing for sen- 202 loans with a dollar-for-dollar reduction of grant for Kohala, Hawaii. The conferees have iors, individuals with disabilities and other rental assistance amounts under the Section included this provision in title II of the bill. vulnerable families. The consolidate House 8 rental assistance program. Deletes language proposed by the Senate bill passed the U.S. House of Representatives prohibiting the movement of NASA aircraft on September 27, 1999 by a vote of 405 to 5. In Section 522. Grants for conversion of elderly from the Glenn Research Center to any other addition, this title is consistent with a num- housing to assisted living facilities field center. ber of provisions contained in S. 1319, the Authorizes grants to convert and repair el- Deletes language proposed by the Senate ‘‘Save My Home Act’’, legislation introduced derly affordable housing projects to assisted establishing a GAO study of the Federal by Senators Kit Bond and Wayne Allard living facilities. Authorizes such sums as Home Loan Bank system capital structure. which is designed to address the section 8 opt may be necessary for fiscal year 2000. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10029 Section 523. Use of section 8 assistance for as- comparable to those provided in the plan of nance their mortgages, to share at least 50% sisted living facilities action. of any section 8 savings that might become Provides that a recipient of Section 8 hous- Provides a limited preemption of state dis- available as a result of prepayment with the ing assistance may use such assistance in an tribution limitations in cases where such borrower in order to facilitate the refi- assisted living facility. limitations interfere with affordable housing nancing so that enhancements can be made Section 524. Size limitation for projects for per- preservation. to serve the current and future elderly ten- sons with disabilities Section 532. Section 236 assistance ants. The conferees are aware that the non-prof- Allows Section 236 property to continue to Provides that of any amounts made avail- it sponsors of section 202 developments for receive interest reduction payments fol- able in any fiscal year for capital advances the elderly struggle to identify additional or project rental assistance under this sec- lowing a mortgage refinancing, subject to sources of financing for their projects to en- tion, not more than 25% may be used for sup- the owner’s agreement to continue to oper- hance the amenities and services available portive housing which contains more than 24 ate the project in accordance with low in- to low-income senior citizens. One alter- separate dwelling units. Requires the Sec- come affordability restrictions for the period native that should be explored is to permit retary to study and submit a report to Con- of the interest reduction payments plus an the non-profit organizations that are eligible gress regarding the extent to which the au- additional five years. as borrowers for section 202 funds to be the thority of the Secretary under Section Allows an owner of a project financed sole general partner of a for-profit limited 811(k)(4) of the Cranston Gonzalez National under a State program pursuant to Section partnership as long as that general partner Affordable Housing Act has been used to pro- 236 of the National Housing Act to retain any meets the definition of private non-profit or- vide assistance to supportive housing excess rental income from the project for use ganization under section 202(k)(4). This projects for persons with disabilities having for the benefit of the project, upon terms and would enable borrowers under the 202 pro- more than 24 units conditions established by the Secretary, sub- gram to become eligible for LIHTC, and the Section 525. Commission on Affordable Housing ject to appropriations. equity financing it generates, in the same and Health Care Facility Needs in the 21st Section 533. Rehabilitation of assisted housing way as non-profit borrowers under the sec- Century Amends Section 236 of the National Hous- tion 515 rural rental housing program are eli- Establishes a commission to be known as ing Act to accelerate the use of recaptured gible for the LIHTC. Such eligibility would the Commission on Affordable Housing and interest reduction payments. provide a critical source of additional capital Health Care Facility Needs in the 21st Cen- Section 534. Technical assistance to housing for the elderly, giving our deserv- ing elderly residents the best housing pos- tury. The Commission shall provide an esti- Amends the Multifamily Assisted Housing sible. mate of the future needs of seniors for af- Reform and Affordability Act of 1997 to allow fordable housing and assisted living and Sections 307 and 327 of HR 202 specifically for technical assistance for preservation of allowed for the development and operation of health care facilities, identify methods of en- low-income housing. couraging private sector participation and commercial facilities in Section 202 and Sec- Section 535. Termination of section 8 contract investment in affordable housing, and per- tion 811 projects, respectively. The conferees, and duration of renewal contract form other matters relating to housing the however, believe that nothing in federal law elderly. Provides that section 8 contracts may be currently prohibits the Department of Hous- renewed for up to one year or for any number ing and Urban Development from permitting Subtitle C—Renewal of Expiring Rental As- of years, subject to appropriations (as op- the development and operation of commer- sistance Contracts and Protection of Resi- posed to mandatory renewals of one year). cial facilities in Section 202 and Section 811 dents Section 536. Eligibility of residents of flexible projects. For this reason, the conferees do Section 531. Renewal of expiring contracts and subsidy projects for enhanced vouchers not feel inclusion of these provisions of HR enhanced vouchers for project residents Amends Section 201 of the Housing and 202 is necessary, but instead specifically di- Unless otherwise provided, for expiring rects HUD to grant requests of project spon- Section 8 properties that have current rents Community Development Amendments of 1978 by allowing the use of enhanced vouch- sors to do this wherever feasible. below comparable market rents for the area In addition, the conferees believe that HUD ers for projects preserved as affordable hous- and that meet certain criteria set out in the has authority to allow the development and ing under section 229 of the Low-Income bill, the Secretary of HUD is directed upon operation of Section 202 units on the same Housing Preservation and Resident Home- renewal of such Section 8 contracts to set premises as, and integrated with, privately- ownership Act of 1990. rents at comparable market rent levels. For financed units. Such integrated housing those expiring Section 8 contracts that have Section 537. Enhanced disposition authority would allow low-income elderly residents rent levels above comparable market rents Amends section 204 of the FY 1997 VA/HUD and elderly residents in privately financed but are not being restructured, the Secretary Appropriations Act to extend current grant units to live side-by-side without the stigma upon renewal shall set these rents at com- and loan authority under Section 204 of a separate, low-income wing or of units parable market rents. With regard to those through FY 2000, expressly provide that up- that are clearly designated for low-income expiring Section 8 contracts for multifamily front grants or loans may support recon- residents. Such was the intent of Section 308 housing projects that are not eligible multi- struction as well as rehabilitation and demo- of HR 202. Because the conferees believe the family housing project[s] under Section lition, and provide that vacant as well as oc- Department already has the authority to ac- 512(2) of the Multifamily Assisted Housing cupied projects shall be eligible for such complish this goal, rather than including Reform and Affordability Act (MAHRA) or grants or loans. Section 308 of 202, the conferees direct HUD that are exempt from mortgage restruc- Section 538. Unified enhanced voucher author- to develop policies to enable Section 202 turing pursuant to section 514(h) of MAHRA, ity project sponsors who request it to include upon the request of the owner, renewal rents Consolidates and unifies all existing en- privately-financed units in their 202 develop- shall be set at the lesser of existing rents, hanced voucher authority, the terms regard- ments. The conferees direct the Department, for adjusted by an operating cost adjustment ing provision of tenant-based assistance Fiscal Year 2000, that, notwithstanding any factor, or a rent level that provides income through an enhanced voucher under a new other provision of law or any Department sufficient to support a budget-based rent. subsection 8(t) of the United States Housing Directs the Secretary of Housing and regulation, in the case of any denial of an ap- Act of 1937. Urban Development to provide ‘‘enhanced plication for assistance under Section 202 of vouchers’’ to residents residing in a property REPORT LANGUAGE the Housing Act of 1959 for failure to timely upon the date of the expiration of a feder- The conferees are aware that the Depart- provide information required by the Sec- ally-assisted housing contract that is not re- ment has issued a notice permitting non- retary, the Secretary shall notify the appli- newed. Enhanced vouchers allow increased profit owners of section 202 properties to cant of the failure and provide the applicant assistance for residents in cases where rents repay their section 202/section 8 mortgages an opportunity to show that the failure was increase as a result of the project owner’s de- and to refinance those mortgages provided due to the failure of a third party to provide cision to opt-out of the Section 8 program, the housing remains available to existing information under the control of the third therefore ensuring that the resident may and future tenants under terms at least as party. If the applicant demonstrates, within continue to reside in the unit. Authorizes advantageous to them as the terms required a reasonable period of time after notification such sums as may be necessary for enhanced by the original loan, and if the subsequent of such failure, that the applicant did not voucher assistance for fiscal years 2000 refinancing would enhance the housing for have such information but requested the through fiscal year 2004. the tenants. For this reason, the conferees timely provision of such information by the To the extent funds are specifically appro- do not feel it necessary to include Section third party, the Secretary may not deny the priated for this purpose, authorizes the Sec- 102 of HR 202, which passed the House with application on the grounds of failure to time- retary to renew expiring Section 8 contracts strong bipartisan support. Section 102 of HR ly provide such information. for projects that are subject to an approval 202 was intended to accomplish this same The conferees are concerned that section 8 plan of action under the Emergency Low In- purpose. In keeping with the intent of sec- projects whose rent structure was modified come Housing Preservation Act of 1987 or the tion 102 of HR 202, however, the conferees di- and a use agreement executed under one of Low-Income Housing Preservation and Resi- rect the Department, in instances where sec- the portfolio reengineering demonstration dent Homeownership Act of 1990 on terms tion 202 borrowers choose to prepay and refi- programs may be required to undertake a H10030 CONGRESSIONAL RECORD — HOUSE October 13, 1999 second round of time consuming and expen- [In thousands of dollars] (Rept. No. 106–380) on the resolution (H. sive rent restructuring. If the Secretary has New budget (obligational) Res. 328) waiving points of order previously found debt restructuring to be in- authority, fiscal year against the conference report to ac- appropriate for a project by closing a project 1999 ...... $95,263,261 company the bill (H.R. 2684) making under a demonstration program using budg- Budget estimates of new appropriations for the Departments of et-based rents without debt restructuring (obligational) authority, and pursuant to a use agreement between fiscal year 2000 ...... 99,603,004 Veterans Affairs and Housing and the Secretary and the project owner, the House bill, fiscal year 2000 91,980,156 Urban Development, and for sundry conferees direct the Secretary to use the au- Senate bill, fiscal year 2000 97,828,196 independent agencies, boards, commis- thority provided by the conference report to Conference agreement, fis- sions, corporations, and offices for the honor the terms of the use agreement with- cal year 2000 ...... 99,452,918 fiscal year ending September 30, 2000, out debt restructuring. Conference agreement and for other purposes, which was re- The contract renewals for moderate reha- compared with: ferred to the House Calendar and or- bilitation Section 8 projects are treated dif- New budget +4,189,657 ferently than contract renewals for other (obligational) author- dered to be printed. Section 8 properties by requiring a renewal ity, fiscal year 1999 f at the lesser of: current rents with an oper- Budget estimates of new ¥150,086 REPORT ON RESOLUTION PRO- ating cost adjustment factor (OCAF), FMRs (obligational) author- minus tenant paid utilities, or the com- ity, fiscal year 2000 VIDING FOR CONSIDERATION OF parable market rent for unassisted units. House bill, fiscal year 2000 +7,472,762 H.R. 2679, MOTOR CARRIER SAFE- The conferees do not intend for such renew- Senate bill, fiscal year 2000 +1,624,722 TY ACT OF 1999 als to result in a rent that is below the ag- JAMES T. WALSH, Mr. SESSIONS, from the Committee gregate base rent for the project. The base on Rules, submitted a privileged report rent reflects the rent without the rehabilita- TOM DELAY, tion financing that was added to the project DAVID HOBSON, (Rept. No. 106–381) on the resolution (H. upon entering the moderate rehabilitation JOE KNOLLENBERG, Res. 329) providing for consideration of program. ROD FRELINGHUYSEN, the bill (H.R. 2679) to amend title 49, The conferees direct the Department to ROGER WICKER, United States Code, to establish the ANNE M. NORTHUP, streamline and reduce the cost of refinancing National Motor Carrier Administration Home Equity Conversion Mortgages [HECMs] JOHN E. SUNUNU, BILL YOUNG, in the Department of Transportation, for elderly homeowners, including (a) reduc- to improve the safety of commercial ing the single premium payment to credit ALAN MOLLOHAN, the premium paid on the original loan [sub- MARCY KAPTUR, motor vehicle operators and carriers, ject to actuarial study], (b) establishing a CARRIE P. MEEK, to strengthen commercial driver’s li- limit on origination fees that may be DAVID E. PRICE, censes, and for other purposes, which charged [which fees may be fully financed] BUD CRAMER, was referred to the House Calendar and and prohibiting the charging of broker fees, DAVID OBEY, ordered to be printed. (except for delayed (c) waiving counseling requirements if the f borrower has received counseling in the prior funding gimmick), five years and the increase in the principal Managers on Part of the House. REPORT ON RESOLUTION PRO- limit exceeds refinancing costs by an amount C.S. BOND, VIDING FOR CONSIDERATION OF set by the Department, and (d) providing a CONRAD BURNS, H.R. 3064, DISTRICT OF COLUMBIA disclosure under a refinanced mortgage of RICHARD SHELBY, APPROPRIATIONS ACT, 2000 the total cost of refinancing and the prin- LARRY E. CRAIG, cipal limit increase. KAY BAILEY HUTCHISON, Mr. SESSIONS, from the Committee The conferees further direct the Depart- TED STEVENS, on Rules, submitted a privileged report ment to conduct within 180 days an actuarial BARBARA MIKULSKI, (Rept. No. 106–382) on the resolution (H. study of the effect of reducing the refi- PATRICK LEAHY, Res. 330) providing for consideration of nancing premium collected under a refi- FRANK R. LAUTENBERG, the bill (H.R. 3064) making appropria- nancing and of the effect creating a single TOM HARKIN, tions for the government of the Dis- national loan limit for HECM reverse mort- ROBERT C. BYRD, gages. trict of Columbia and other activities DANIEL INOUYE, chargeable in whole or in part against The conferees note the increasing trend in Managers on Part of the Senate. the mortgage industry of various types of the revenues of said District for the fis- home equity loans such as reverse mort- f cal year ending September 30, 2000, and gages, and are concerned about the potential RECESS for other purposes, which was referred effect of abusive lending practices on elderly to the House Calendar and ordered to homeowners. Because the elderly have high The SPEAKER pro tempore. Pursu- be printed. rates of homeownership and are more likely ant to clause 12 of rule I, the Chair de- f to have high levels of equity in their homes, clares the House in recess subject to they are prime targets for reverse mortgage the call of the Chair. SPECIAL ORDERS GRANTED scams. While the conferees recognize the ma- jority of lenders operate legitimately, the Accordingly (at 11 o’clock and 8 min- By unanimous consent, permission to conferees are concerned about the increasing utes p.m.), the House stood in recess address the House, following the legis- number of reverse mortgage scams. The con- subject to the call of the Chair. lative program and any special orders ferees therefore direct HUD to evaluate and f heretofore entered, was granted to: report on the lending practices of the reverse b 2357 (The following Members (at the re- mortgage industry no later than June 30, quest of Mr. MCNULTY) to revise and 2000. This report should focus on elderly bor- AFTER RECESS extend their remarks and include ex- rowers and should include, at a minimum, an evaluation of: current consumer protection The recess having expired, the House traneous material:) measures; the terms of home equity loans, was called to order by the Speaker pro Mr. PALLONE, for 5 minutes, today. including the rates and fees paid by elderly tempore (Mr. DREIER) at 11 o’clock and Mrs. MALONEY of New York, for 5 borrowers; and the marketing of home eq- 57 minutes p.m. minutes, today. uity loans to elderly borrowers. The report f Ms. BROWN of Florida, for 5 minutes, should also include an assessment of HUD’s today. role in ensuring that reverse mortgages are REPORT ON RESOLUTION WAIVING Ms. DELAURO, for 5 minutes, today. not used to defraud elderly homeowners and POINTS OF ORDER AGAINST CON- Mr. CROWLEY, for 5 minutes, today. should detail HUD’s plan for preventing such FERENCE REPORT ON H.R. 2684, activity. Ms. SCHAKOWSKY, for 5 minutes, DEPARTMENTS OF VETERANS today. CONFERENCE TOTAL—WITH COMPARISONS AFFAIRS AND HOUSING AND Ms. BALDWIN, for 5 minutes, today. The total new budget (obligational) au- URBAN DEVELOPMENT, AND Mr. WIENER, for 5 minutes, today. thority for the fiscal year 2000 recommended INDEPENDENT AGENCIES APPRO- Mr. NADLER, for 5 minutes, today. by the Committee of Conference, with com- PRIATIONS ACT, 2000 parisons to the fiscal year 1999 amount, the Mr. CUMMINGS, for 5 minutes, today. 2000 budget estimates, and the House and Mr. SESSIONS, from the Committee Mr. STRICKLAND, for 5 minutes, Senate bills for 2000 follow: on Rules, submitted a privileged report today. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10031

Mr. MEEKS of New York, for 5 min- 2070–AB78) received October 8, 1999, pursuant Management Program Revision [FRL–6453–2] utes, today. to 5 U.S.C. 801(a)(1)(A); to the Committee on received October 5, 1999, pursuant to 5 U.S.C. Mr. MOORE, for 5 minutes, today. Agriculture. 801(a)(1)(A); to the Committee on Commerce. 4756. A letter from the Director, Office of 4765. A letter from the Associate Chief, The following Members (at the re- Regulation Management and Information, Wireless Telecommunications Bureau, Fed- quest of Mr. DUNCAN) to revise and ex- Environmental Protection Agency, transmit- eral Communications Commission, transmit- tend their remarks and include extra- ting the Agency’s final rule—Ethalfluralin; ting the Commission’s final rule—1998 Bien- neous material:) Reestablishment of Tolerance for Emergency nial Regulatory Review Spectrum Aggrega- Mr. BURTON of Indiana, for 5 minutes, Exemptions [OPP–300925; FRL–6383–2] (RIN: tion Limits for Wireless Telecommuni- October 20. 2070–AB78) received October 5, 1999, pursuant cations Carriers [WT Docket 98–205] Cellular Mr. DUNCAN, for 5 minutes, today. to 5 U.S.C. 801(a)(1)(A); to the Committee on Telecommunications Industry Association’s Agriculture. Petition for Forbearance From the 45 MHz Mr. FOLEY, for 5 minutes, today. 4757. A letter from the Director, Office of CMRS Spectrum Cap; Amendment of Parts Mr. GUTKNECHT, for 5 minutes, today Regulatory Management and Information, 20 and 24 of the Commission’s Rules- and October 14. Environmental Protection Agency, transmit- Broadband PCS Competitive Bidding and Mr. METCALF, for 5 minutes, today. ting the Agency’s final rule—Tebuconazole; Commercial Mobile Radio Service Spectrum Mr. SMITH of Michigan, for 5 minutes, Extension of Tolerance for Emergency Ex- Cap [WT Docket No. 96–59] Implementation today. emptions [OPP–300936; FRL–6386–4] (RIN: of Section 3(n) and 332 of the Communica- Mr. NETHERCUTT, for 5 minutes, Octo- 2070–AB78) received October 5, 1999, pursuant tions Act [GN Docket No. 93–252] Regulatory ber 14. to 5 U.S.C. 801(a)(1)(A); to the Committee on Treatment of Mobile Services—Received Oc- Agriculture. tober 7, 1999, pursuant to 5 U.S.C. f 4758. A communication from the President 801(a)(1)(A); to the Committee on Commerce. of the United States, transmitting requests 4766. A letter from the Chief, Mass Media ENROLLED BILLS SIGNED for transfers from the Information Tech- Bureau, Federal Communications Commis- Mr. THOMAS, from the Committee nology Systems and Related Expenses Ac- sion, transmitting the Commission’s final on House Administration, reported count for Year 2000 compliance to eight Fed- rule—Amendment of Section 73.202(b), Table that that committee had examined and eral agencies; (H. Doc. No. 106–143); to the of Allotments, FM Broadcast Stations found truly enrolled bills of the House Committee on Appropriations and ordered to (Socorro, New Mexico) [MM Docket No. 99–90 be printed. RM–9528] (Shiprock, New Mexico) [MM Dock- of the following titles, which were 4759. A letter from the Director, Office of et No. 99–119 RM–9550] (Magdalena, New Mex- thereupon signed by the Speaker: Regulatory Management and Information, ico) [MM Docket No. 99–120 RM–9551] H.R. 560. An act to designate the Federal Environmental Protection Agency, transmit- (Minatare, Nebraska) [MM Docket No. 99–122 building and United States courthouse lo- ting the Agency’s final rule—Approval and RM–9553] (Dexter, New Mexico) [MM Docket cated at the intersection of Comercio and Promulgation of Air Quality Implementa- No. 99–158 RM–9615] (Tularosa, New Mexico) San Justo Streets, in San Juan, Puerto Rico, tion Plans; District of Columbia; Stage II [MM Docket No. 99–191 RM–9632] received Oc- as the ‘‘Jose v. Toledo Federal Building and Gasoline Vapor Recovery and RACT Require- tober 7, 1999, pursuant to 5 U.S.C. United States Courthouse.’’ ments for Major Sources of VOC [DC–2012a; 801(a)(1)(A); to the Committee on Commerce. H.R. 1906. An act making appropriations FRL–6457–1] received October 8, 1999, pursu- 4767. A letter from the Assistant Secretary for Agriculture, Rural Development, Food ant to 5 U.S.C. 801(a)(1)(A); to the Committee for Export Administration, Department of and Drug Administration, and Related Agen- on Commerce. Commerce, transmitting the Department’s cies programs for the fiscal year ending Sep- 4760. A letter from the Director, Office of final rule—Revisions to the Commerce Con- tember 30, 2000, and for other purposes. Regulatory Management and Information, trol List (ECCNs 1C351, 1C991, and 2B351): f Environmental Protection Agency, transmit- Medical Products Containing Biological Tox- ting the Agency’s final rule—Approval and ins; and Toxic Gas Monitoring Systems and SENATE ENROLLED BILLS SIGNED Promulgation of State Air Quality Plans for Dedicated Detectors [Docket No. 990920257– Designated Facilities and Pollutants; Mary- 9257–01] (RIN: 0694–AB85) received October 12, The SPEAKER announced his signa- land; Revision to Section 111(d) Plan Con- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture to enrolled bills of the Senate of trolling Total Reduced Sulfur Emissions Committee on International Relations. the following titles: from Existing Kraft Pulp Mills [MD054–3044a; 4768. A letter from the Director, Workforce S. 322—An act to amend title 4, United FRL–6456–6] received October 8, 1999, pursu- Restructuring Office, Employment Service, States Code, to add the Martin Luther King ant to 5 U.S.C. 801(a)(1)(A); to the Committee Office of Personnel Management, transmit- Jr. holiday to the list of days on which the on Commerce. ting the Office’s final rule—Voluntary Early flag should especially be displayed. 4761. A letter from the Director, Office of Retirement Authority (RIN: 3206–A125) re- S. 800—An act to promote and enhance Regulatory Management and Information, ceived October 8, 1999, pursuant to 5 U.S.C. public safety through use of 9-1-1 as the uni- Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Govern- versal emergency assistance number, further ting the Agency’s final rule—Approval and ment Reform. deployment of wireless 9-1-1 service, support Promulgation of State Air Quality Plans for 4769. A letter from the Acting Director, Of- of States in upgrading 9-1-1 capabilities and Designated Facilities and Pollutants; Penn- fice of Sustainable Fisheries, National Oce- related functions, encouragement of con- sylvania; Control of Total Reduced Sulfur anic and Atmospheric Administration, trans- struction and operation of seamless, ubiq- Emissions from Existing Kraft Pulp Mills mitting the Administration’s final rule— uitous, and reliable networks for personal [PA022–4089a; FRL–6456–4] received October 8, Fisheries of the Exclusive Economic Zone wireless service, and for other purposes. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Off Alaska; Pacific Cod by Vessels Catching Committee on Commerce. Pacific Cod for Processing by the Inshore f 4762. A letter from the Director, Office of Component in the Central Regulatory Area ADJOURNMENT Regulatory Management and Information, of the Gulf of Alaska [Docket No. 990304062– Environmental Protection Agency, transmit- 9062–01; I.D. 100599C] received October 12, Mr. SESSIONS. Mr. Speaker, I move ting the Agency’s final rule—Vermont: Final 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the that the House do now adjourn. Authorization of State Hazardous Waste Committee on Resources. The motion was agreed to; accord- Management Program Revision [FRL–6456–8] 4770. A letter from the Chief, Endangered ingly (at 11 o’clock and 58 minutes received October 8, 1999, pursuant to 5 U.S.C. Species Division, Office of Protected Re- p.m.), the House adjourned until to- 801(a)(1)(A); to the Committee on Commerce. sources, National Oceanic and Atmospheric 4763. A letter from the Director, Office of Administration, transmitting the Adminis- morrow, Thursday, October 14, 1999, at Regulatory Management and Information, tration’s final rule—Sea Turtle Conserva- 10 a.m. Environmental Protection Agency, transmit- tion; Restrictions Applicable to Shrimp f ting the Agency’s final rule—Approval and Trawl Activities; Leatherback Conservation Promulgation of Implementation Plans; Zone [Docket No. 950427117–9123–06; I.D. EXECUTIVE COMMUNICATIONS, California State Implementation Plan Revi- 050599D] (RIN: 0648–AH97) received October 8, ETC. sion, Santa Barbara County Air Pollution 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Under clause 8 of rule XII, executive Control District and South Coast Air Quality Committee on Resources. Management District [CA 226–165a, FRL– 4771. A letter from the Chief, Endangered communications were taken from the 6448–5] received October 5, 1999, pursuant to 5 Species Division, Office of Protected Re- Speaker’s table and referred as follows: U.S.C. 801(a)(1)(A); to the Committee on sources, National Oceanic and Atmospheric 4755. A letter from the Director, Office of Commerce. Administration, transmitting the Adminis- Regulatory Management and Information, 4764. A letter from the Director, Office of tration’s final rule—Sea Turtle Conserva- Environmental Protection Agency, transmit- Regulatory Management and Information, tion; Restrictions Applicable to Shrimp ting the Agency’s final rule—Rhizobium in- Environmental Protection Agency, transmit- Trawl Activities; Leatherback Conservation oculants; Exemption from the Requirement ting the Agency’s final rule—Georgia: Final Zone [Docket No. 950427117–9149–09; I.D. of Tolerance [OPP–300915; FRL–6380–4] (RIN: Authorization of State Hazardous Waste 052799C] (RIN: 0648–AH97) received October 8, H10032 CONGRESSIONAL RECORD — HOUSE October 13, 1999 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the age of Federal leases for sodium that may be By Mr. TOOMEY (for himself, Mr. Committee on Resources. held by an entity in any one State, and for STENHOLM, Mr. BARTLETT of Mary- f other purposes; to the Committee on Re- land, Mrs. BIGGERT, Mr. BOEHNER, sources. Mr. BURR of North Carolina, Mr. CAL- REPORTS OF COMMITTEES ON By Mr. ISTOOK: VERT, Mr. CHAMBLISS, Mrs. PUBLIC BILLS AND RESOLUTIONS H.R. 3064. A bill making appropriations for CHENOWETH-HAGE, Mr. CONDIT, Mr. the government of the District of Columbia CRANE, Mrs. CUBIN, Mr. DEMINT, Mr. Under clause 2 of rule XIII, reports of and other activities chargeable in whole or DOOLITTLE, Ms. DUNN, Mr. FLETCHER, committees were delivered to the Clerk in part against revenues of said District for Mr. FRANKS of New Jersey, Mr. for printing and reference to the proper the fiscal year ending September 30, 2000, and GOODE, Mr. GREEN of Wisconsin, Mr. calendar, as follows: for other purposes; to the Committee on Ap- GREENWOOD, Mr. HASTINGS of Wash- Mr. SENSENBRENNER: Committee on propriations. ington, Mr. HAYES, Mr. HAYWORTH, Science, H.R. 1753. A bill to promote the re- By Mr. BOEHNER (for himself, Mr. Mr. HERGER, Mr. HILL of Montana, search, identification, assessment, explo- SAWYER, Ms. KAPTUR, Ms. PRYCE of Mr. HOSTETTLER, Mr. JOHN, Mrs. ration, and development of methane hydrate Ohio, Mr. OXLEY, Mr. REGULA, and JOHNSON of Connecticut, Mr. SAM resources, and for other purposes; with Mr. STRICKLAND): JOHNSON of Texas, Mr. JONES of amendments (Rept. 106–377, Pt. 1). Ordered to H.R. 3065. A bill to amend title XIX of the North Carolina, Mr. KNOLLENBERG, be printed. Social Security Act to remove the limit on Mr. KUYKENDALL, Mr. LARGENT, Mr. Mr. HYDE. Committee on the Judiciary. amount of Medicaid disproportionate share MCINTOSH, Mr. MICA, Mr. MILLER of H.R. 2260. A bill to amend the Controlled hospital payment for hospitals in Ohio; to Florida, Mr. GARY MILLER of Cali- Substances Act to promote pain manage- the Committee on Commerce. fornia, Mr. NETHERCUTT, Mr. PETER- ment and palliative care without permitting By Mr. CARDIN: SON of Pennsylvania, Mr. PITTS, Mr. H.R. 3066. A bill to amend the Uruguay assisted suicide and euthanasia, and for POMBO, Mr. RADANOVICH, Mr. RILEY, Round Agreements Act with respect to the other purposes (Rept. 106–378 Pt. 1). Ordered Mr. ROHRABACHER, Mr. RYAN of Wis- rules of origin for certain textile and apparel to be printed. consin, Mr. RYUN of Kansas, Mr. SES- products; to the Committee on Ways and Mr. WALSH: Committee on Conference. SIONS, Mr. SAXTON, Mr. SHAW, Mr. Means. Conference report on H.R. 2684. A bill mak- SHERWOOD, Mr. SIMPSON, Mr. SISISKY, By Mrs. CHENOWETH-HAGE (for her- ing appropriations for the Departments of Mr. STEARNS, Mr. SUNUNU, Mr. self and Mr. SIMPSON): TANCREDO, Mr. TIAHRT, Mr. VITTER, Veterans Affairs and Housing and Urban De- H.R. 3067. A bill to authorize the Secretary and Mr. WALDEN of Oregon): velopment, and for sundry independent agen- of the Interior to convey certain facilities to cies, boards, commissions, corporations, and H. Con. Res. 197. Concurrent resolution ex- Nampa and Meridian Irrigation District; to pressing the sense of Congress that there offices for the fiscal year ending September the Committee on Resources. 30, 2000, and for other purposes (Rept. 106– should be no increase in Federal taxes in By Mr. ENGLISH (for himself, Mr. PE- 379). Ordered to be printed. order to fund additional Government spend- TERSON of Pennsylvania, Mr. SHU- Ms. PRYCE of Ohio: Committee on Rules. ing; to the Committee on Ways and Means. STER, Mr. COYNE, Mr. HOLDEN, Mr. House Resolution 328. Resolution waiving f MURTHA, Mrs. WILSON, Mr. GREEN- points of order against the conference report WOOD, Mr. PITTS, Mr. WELDON of to accompany the bill (H.R. 2684) making ap- ADDITIONAL SPONSORS Pennsylvania, Mr. BRADY of Pennsyl- propriations for the Department of Veterans vania, Mr. BORSKI, Mr. DOYLE, Mr. Under clause 7 of rule XII, sponsors Affairs and Housing and Urban Development, GOODLING, Mr. KANJORSKI, Mr. NEY, were added to public bills and resolu- and for sundry independent agencies, boards, Mr. KLINK, Mr. TOOMEY, Mr. SHER- tions as follows: commissions, corporations, and offices for WOOD, Mr. HOEFFEL, Mr. FATTAH, Mr. the fiscal year ending September 30, 2000, and H.R. 2: Mr. HILL of Montana and Mr. LUCAS MASCARA, and Mr. GEKAS): for other purposes (Rept. 106–380). Referred of Oklahoma. H.R. 3068. A bill to designate the Federal H.R. 531: Mr. UDALL of Colorado. to the House Calendar. building and United States courthouse lo- H.R. 552: Mrs. EMERSON. Mr. SESSIONS: Committee on Rules. cated at 617 State Street in Erie, Pennsyl- H.R. 815: Mrs. MEEK of Florida. House Resolution 329. Resolution providing vania, as the ‘‘Samuel J. ROBERTS Federal H.R. 1071: Mr. MASCARA, Mr. HINCHEY, Mr. for consideration of the bill (H.R. 2679) to Building and United States Courthouse‘‘; to SANDLIN, Mr. OLVER, and Mr. SCOTT. amend title 49, United States Code, to estab- the Committee on Transportation and Infra- H.R. 1083: Mr. ARMEY. lish the National Motor Carrier Administra- structure. H.R. 1093: Mr. SWEENEY. tion in the Department of Transportation, to By Mr. FRANKS of New Jersey (for H.R. 1095: Mr. CLYBURN, Mr. PHELPS, Mr. improve the safety of commercial motor ve- himself, Ms. NORTON, Mr. WISE, and NADLER, and Ms. MCCARTHY of Missouri. hicle operators and carriers, to strengthen Mr. TRAFICANT): H.R. 1103: Mr. SHAYS. commercial driver’s licenses, and for other H.R. 3069. A bill to authorize the Adminis- H.R. 1115: Ms. MILLENDER-MCDONALD, Mr. purposes (Rept. 106–381). Referred to the trator of General Services to provide for re- NADLER, Mr. PETERSON of Minnesota, Mr. House Calendar. development of the Southeast Federal Cen- CONYERS, Mr. SMITH of Washington, Mrs. Mr. LINDER: Committee on Rules. House ter in the District of Columbia; to the Com- JONES of Ohio, Mr. JACKSON of Illinois, Mr. Resolution 330. Resolution providing for con- mittee on Transportation and Infrastruc- OWENS, Ms. ESHOO, Mr. KANJORSKI, Mrs. sideration of the bill (H.R. 3064) making ap- ture. NAPOLITANO, Mr. JOHN, Ms. SCHAKOWSKY, Mr. propriations for the government of the Dis- By Mr. HULSHOF (for himself, Mr. AR- KENNEDY of Rhode Island, Mr. DOOLEY of trict of Columbia and other activities CHER, Mr. SHAW, Mr. CAMP, Ms. DUNN, California, Mr. UNDERWOOD, Mr. MEEHAN, Mr. chargeable in whole or in part against reve- Mr. ENGLISH, Mr. FOLEY, Mr. DICKS, Mr. HASTINGS of Florida, Mr. BRADY nues of said District for the fiscal year end- HAYWORTH, Mr. HERGER, Mr. HOUGH- of Pennsylvania, Mrs. CLAYTON, Mr. FATTAH, ing September 30, 2000, and for other pur- TON, Mr. RAMSTAD, Mr. THOMAS, and Mr. CRAMER, Mr. CLYBURN, Mr. HINOJOSA, poses (Rept. 106–382). Referred to the House Mr. WELLER): Mr. MEEKS of New York, and Ms. MCKINNEY. Calendar. H.R. 3070. A bill to amend the Social Secu- H.R. 1132: Mr. ANDREWS and Ms. LEE. f rity Act to establish a Ticket to Work and H.R. 1187: Mrs. LOWEY. Self-Sufficiency Program in the Social Secu- H.R. 1388: Mrs. LOWEY and Mr. DICKEY. TIME LIMITATION OF REFERRED rity Administration to provide beneficiaries H.R. 1399: Mr. SERRANO and Mr. SABO. BILL with disabilities meaniful opportunities to H.R. 1432: Mr. TIERNEY. Pursuant to clause 5 of rule X the fol- work, to extend health care coverage for H.R. 1465: Mr. UDALL of Colorado. such beneficiaries, and to make additional lowing action was taken by the Speak- H.R. 1505: Mr. HILL of Indiana. miscellaneous amendments relating to So- H.R. 1579: Mr. KENNEDY of Rhode Island and er: cial Secuity; to the Committee on Ways and Mr. CONYERS. H.R. 1753. Referral to the Committee on Means, and in addition to the Committee on H.R. 1592: Mr. HINOJOSA. Resources extended for a period ending not Commerce, for a period to be subsequently H.R. 1650: Mr. MCDERMOTT, Mr. JOHN, and later than October 18, 1999. determined by the Speaker, in each case for Mr. SWEENEY. f consideration of such provisions as fall with- H.R. 1728: Mr. BOUCHER and Mr. GEJDENSON. in the jurisdiction of the committee con- H.R. 1775: Ms. WOOLSEY, Ms. ESHOO, Ms. PUBLIC BILLS AND RESOLUTIONS cerned. PELOSI, Mr. TIERNEY, Mr. DEUTSCH, Mr. CAS- Under clause 2 of rule XII, public By Mr. OWENS: TLE, and Mr. HORN. H.R. 3071. A bill to amend title XII of the H.R. 1785: Ms. PELOSI and Mr. SHAYS. bills and resolutions were introduced Elementary and Secondary Education Act of H.R. 1814: Mr. LARGENT, Mr. COBURN, and and severally referred, as follows: 1965 to provide grants to improve the infra- Mr. SENSENBRENNER. By Mrs. CUBIN: structure of elementary and secondary H.R. 1838: Mr. HANSEN, Mr. ETHERIDGE, Mr. H.R. 3063. A bill to amend the Mineral schools; to the Committee on Education and TALENT, Mr. TAYLOR of North Carolina, Mr. Leasing Act to increase the maximum acre- the Workforce. SESSIONS, and Mr. SAM JOHNSON of Texas. October 13, 1999 CONGRESSIONAL RECORD — HOUSE H10033

H.R. 1868: Mr. COOKSEY and Mr. HALL of H. Con. Res. 120: Mr. HERGER. shall issue regulations requiring all commer- Texas. H. Con. Res. 141: Mr. KENNEDY of Rhode Is- cial motor vehicles (as defined in section H.R. 1869: Mr. HYDE. land, Mr. ABERCROMBIE, Mr. DICKEY, Mr. 31101 of title 49, United States Code) trav- H.R. 1870: Mr. GREEN of Wisconsin, Mr. MCHUGH, and Mr. MCGOVERN. eling in the United States, including such ve- SWEENEY, and Mr. EVANS. H. Con. Res. 174: Mr. GEPHARDT. hicles registered in foreign countries, to dis- H.R. 1887: Mr. UDALL of Colorado and Mr. H. Con. Res. 177: Ms. MCCARTHY of Mis- play the telephone number of the hotline for DIAZ-BALART. souri, Ms. SCHAKOWSKY, Mr. SABO, Mr. reporting safety violations established by H.R. 2102: Mr. PHELPS. KUCINICH, Mr. BONIOR, Mr. TIERNEY, Mr. the Secretary under section 4017 of the H.R. 2162: Mr. RAMSTAD and Mr. WOLF. WEYGAND, Mr. DELAHUNT, Mrs. LOWEY, Ms. Transportation Equity Act for the 21st Cen- H.R. 2170: Mr. DIAZ-BALART, Mr. VENTO, ESHOO, and Ms. PELOSI. tury (49 U.S.C. 31143 note). Mr. GOSS, and MR. RAMSTAD. H. Con. Res. 188: Mr. BLAGOJEVICH, Mr. H.R. 2679 H.R. 2233: Mr. SANDLIN, Mr. KENNEDY of FOLEY, Mr. KING, Mr. FROST, Mrs. MYRICK, OFFERED BY: MS. JACKSON-LEE OF TEXAS Rhode Island, Mr. BARRETT of Wisconsin, and Mr. VISCLOSKY, Mr. GEJDENSON, Mrs. MINK of Ms. EDDIE BERNICE JOHNSON of Texas. Hawaii, Ms. ESHOO, Mr. PORTER, Mr. DIXON, Amendment No. 2: At the end of the bill, H.R. 2260: Mrs. FOWLER. Mr. KENNEDY of Rhode Island, Mr. GOODLING, add the following: H.R. 2300: Mr. GOODLATTE. Mr. RUSH, Mr. ABERCROMBIE, and Mr. MEE- SEC. 210. SENSE OF CONGRESS ON USE OF RE- H.R. 2320: Mr. CALVERT. HAN. CORDING DEVICES IN COMMERCIAL H.R. 2366: Mrs. NORTHUP. H. Res. 41: Mrs. BIGGERT and Mrs. EMER- MOTOR VEHICLES. H.R. 2409: Mr. MCINNIS. SON. It is the sense of Congress that— H.R. 2493: Mrs. LOWEY, Mrs. MEEK of Flor- H. Res. 238: Mr. FRANK of Massachusetts. (1) the use of recording devices (commonly ida, Mr. LANTOS, and Mr. KENNEDY of Rhode referred to as ‘‘black boxes’’) in commercial f Island. motor vehicles could provide a tamper-proof H.R. 2628: Ms. STABENOW. AMENDMENTS mechanism for use in accident investigations H.R. 2655: Mr. FOLEY. and enforcement of hours-of-service regula- H.R. 2698: Mr. KOLBE. Under clause 8 of rule XVIII, pro- tions; and H.R. 2713: Mr. ORTIZ, Mr. GONZALEZ, Ms. posed amendments were submitted as (2) the National Motor Carrier Administra- ROYBAL-ALLARD, Mr. RODRIGUEZ, Mr. REYES, follows: tion should implement the recommendations Mr. SERRANO, and Ms. VELAZQUEZ. H.R. 2679 of the National Transportation Safety Board H.R. 2720: Mr. PASCRELL. concerning the use of recording devices in OFFERED BY: MR. GONZALEZ H.R. 2722: Ms. SCHAKOWSKY. commercial motor vehicles. H.R. 2728: Mr. EHLERS and Mr. CASTLE. AMENDMENT NO. 1: Page 34, strike line 6 Conform the table of contents of the bill H.R. 2733: Mr. HALL of Texas and Mr. and all that follows through the end of line accordingly. EVANS. 21, and insert the following: H.R. 2679 H.R. 2749: Mr. ENGLISH. SEC. 205. SAFETY VIOLATION TELEPHONE HOT- OFFERED BY: MS. JACKSON-LEE OF TEXAS H.R. 2757: Mr. PAUL and Mr. LARGENT. LINE. H.R. 2807: Mr. DOYLE. (a) STAFFING.—Section 4017 of the Trans- Amendment No. 3: At the end of the bill, H.R. 2809: Mr. GOODE, Mr. STARK, and Mr. portation Equity Act for the 21st Century (49 add the following: SABO. U.S.C. 31143 note; 112 Stat. 413) is amended— SEC. 210. USE OF RECORDING DEVICES IN COM- H.R. 2810: Mr. WEINER. (1) by redesignating subsections (c) and (d) MERCIAL MOTOR VEHICLES. H.R. 2816: Mr. OWENS. as subsections (d) and (e), respectively; (a) STUDY.—The Secretary of Transpor- H.R. 2888: Mr. FRANK of Massachusetts and (2) by inserting after subsection (b) the fol- tation shall conduct a study to determine if Mr. HALL of Ohio. lowing: the use of recording devices (commonly re- H.R. 2895: Mr. CAPUANO, Mr. MARTINEZ, Mr. ‘‘(c) STAFFING.—The toll-free telephone ferred to as ‘‘black boxes’’) in commercial HINCHEY, Ms. NORTON, and Mr. WU. system shall be staffed 24 hours a day 7 days motor vehicles could provide a tamper-proof H.R. 2906: Mr. BLUNT, Mr. TIAHRT, and Mr. a week by individuals knowledgeable about mechanism for use in accident investigations FOLEY. Federal motor carrier safety regulations and and enforcement of hours-of-service regula- H.R. 2928: Mr. BALLENGER, Mr. LARGENT, procedures.’’; and tions. Mr. DOOLITTLE, Mr. SWEENEY, Mrs. MYRICK, (3) in subsection (e) (as redesignated by (b) REPORT.—Not later than 1 year after Mr. POMBO, Mr. TANCREDO, Mr. GRAHAM, Mr. paragraph (1) of this section) by striking ‘‘for the date of enactment of this Act, the Sec- TOOMEY, Mr. PITTS, Mr. OSE, Mr. BARTLETT each of fiscal years 1999’’ and inserting ‘‘for retary shall report to Congress on the results of Maryland, Mr. PETERSON of Pennsylvania, fiscal year 1999 and $375,000 for each of fiscal of the study, together with recommendations and Mr. KINGSTON. years 2000’’. concerning the use of recording devices and H.R. 2939: Ms. MCKINNEY. (b) DISPLAY OF TELEPHONE NUMBER.—Not commercial motor vehicles. H.R. 3014: Mr. BILBRAY. later than 1 year after the date of enactment Conform the table of contents of the bill H.R. 3047: Mr. COYNE. of this Act, the Secretary of Transportation accordingly. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, WEDNESDAY, OCTOBER 13, 1999 No. 138 Senate The Senate met at 9:30 a.m. and was a vote on the conference report to complete action on this conference re- called to order by the President pro occur then unless time is yielded back. port. So debate has been limited, by tempore [Mr. THURMOND]. The time will be controlled 21⁄2 hours agreement, to 6 hours, as described in on each side, with 1 hour under the the announcement to the Senate. PRAYER control of the Senator from Minnesota, I am very pleased we have reached The Chaplain, Dr. Lloyd John Mr. WELLSTONE. this point. This has been a very dif- Ogilvie, offered the following prayer: During the rest of the session today, ficult and hard to resolve conference Today our prayer is taken from the the Senate will go back into executive agreement. There have been a lot of Jewish Book of Service, Daily Prayers. session to complete consideration of issues extraneous to the appropriations Let us pray. the Comprehensive Nuclear Test-Ban process this year that had to be consid- ered because they were raised either in We gratefully acknowledge that You Treaty. There are approximately 3 the Senate or during consideration of are the eternal one, our God, and the hours remaining for debate, so a vote is the conference report. God of our fathers evermore; the Rock expected to occur prior to adjournment today. The Senate is also expected to We have reached the point, though, of our life and the Shield of our salva- that it is time to complete action on begin consideration of the campaign fi- tion. You are He who exists to all ages. this conference report. We are appro- nance reform legislation or any con- We will therefore render thanks unto priating funds for the fiscal year that ference reports that may be available You and declare Your praise for our began on October 1. So we have already for action by the Senate. lives, which are delivered into Your begun the fiscal year during which the hands, and for our souls, which are con- f funds we will approve today will be fided in Your care; for Your goodness, RESERVATION OF LEADER TIME needed. These funds are going to be al- which is displayed to us daily; for Your located for administration by the De- wonders and Your bounty, which are at The PRESIDING OFFICER. Under partment of Agriculture among a wide all times given unto us. You are the the previous order, the leadership time range of programs. Sixty billion dollars most gracious, for Your mercies never is reserved. are made available under the terms of fail. Evermore do we hope in You, O f this bill for programs of the Depart- Lord our God. Amen. ment of Agriculture including agricul- AGRICULTURE, RURAL DEVELOP- tural research, food and nutrition serv- f MENT, FOOD AND DRUG ADMIN- ice, conservation programs, agricul- PLEDGE OF ALLEGIANCE ISTRATION, AND RELATED tural support programs, and rural de- AGENCIES APPROPRIATIONS The Honorable WAYNE ALLARD, a velopment. We also have the responsi- ACT, 2000—CONFERENCE REPORT Senator from the State of Colorado, led bility of funding the Food and Drug the Pledge of Allegiance as follows: The PRESIDING OFFICER. Under Administration and the Commodity I pledge allegiance to the Flag of the the previous order, the Senate will now Futures Trading Commission activities United States of America, and to the Repub- resume consideration of the conference under this bill. So funds are provided lic for which it stands, one nation under God, report accompanying H.R. 1906, which for those agencies as well. indivisible, with liberty and justice for all. the clerk will report. I am very pleased that the conference f The bill clerk read as follows: agreement reflects a very strong com- RECOGNITION OF THE ACTING Conference report to accompanying H.R. mitment to the food safety initiatives. 1906, making appropriations for Agriculture, The President has been very active in MAJORITY LEADER Rural Development, Food and Drug Adminis- his effort to increase funding for a The PRESIDING OFFICER (Mr. tration, and Related Agencies for the fiscal number of those programs. Funds are ALLARD). The Senator from Mis- year ending September 30, 2000, and for other provided for that—not all that the sissippi. purposes. President wanted for every aspect of f Mr. COCHRAN. Mr. President, under the program, but it is a well-balanced the agreement, I yield myself such program. SCHEDULE time as I may consume on the Agri- We also fund the Food Safety Inspec- Mr. COCHRAN. Mr. President, for the culture conference report. tion Service of the Department of Agri- information of Senators, yesterday the As Senators will remember, we in- culture. Under that program, we have Senate reached an agreement for 6 voked cloture on this conference report inspection that is conducted at food hours of debate on the Agriculture con- yesterday. I think the vote was 79–20. processing plants throughout the coun- ference report. That time will expire So by a very decisive vote, the Senate try, trying to make sure the food that today at 3:30 p.m. Senators may expect has expressed its will that we should is made available in the marketplace

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

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VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12450 CONGRESSIONAL RECORD — SENATE October 13, 1999 in our country is safe and wholesome, ment offered by Senator ASHCROFT, ference. He has a strong record of sup- trying to alleviate concerns and the which would have limited the unilat- porting an end to the food embargoes. risks of foodborne illnesses. eral power the President has to impose I know he recognizes the incredible I daresay we have the best record of embargoes, in effect, or trade embar- groundswell of support for this policy any country in the world in protecting goes, stopping the flow of agricultural change that is in the Congress and, our citizens from foodborne illnesses, commodities from this country into more importantly, in the farm commu- and this is due in large part to those the international marketplace as a nity. Senator COCHRAN is to be com- industries and those people who are in- means for trying to discipline other mended. I thank him. He has done an volved every day in preparing and mar- countries or coerce them into some outstanding job. keting the foods that make up the U.S. kind of change of behavior. For many, Farmers in America are aware that food supply. So they are the ones who this has seemed to be an area where we the current U.S. embargoes tie their really deserve the credit, in my opin- have unfairly targeted agriculture and hands and give an advantage to Can- ion, and we very often do not recognize made agricultural producers and ex- ada, Brazil, Europe, and South Amer- that. Government officials like to take porters bear the brunt of American for- ica, farmers from around the world, the credit for just about everything, eign policy and, in many cases, it when competing against the United and I think that is wrong. In our soci- hasn’t worked. It hasn’t worked to States. Current U.S. policy favors for- ety, we have a lot of people who work change the behavior of those countries eign farmers—not U.S. farmers. It is a very hard and in a very conscientious against whom the trade embargoes or tragedy that our own policies throw way with the latest technologies to try sanctions were imposed. And it has roadblocks between our farmers and to help make this country the best in hurt our own economy—not just the the world marketplace so producers in the world, and they have done it. agricultural producers and exporters other countries have a better oppor- We try to support the activities of but others, because it has had a ripple tunity to be more successful than pro- food processors and producers, but we effect throughout our economy. So I ducers in our country. sometimes fall short. This year, for ex- supported that initiative and I hope we Make no mistake about it. The his- ample, we have had a very serious can see legislation of that kind en- tory of U.S. food embargoes is that problem in production agriculture be- acted. But because it was legislation, a they almost uniformly hurt only two cause of low commodity prices. There change in law, there were objections to parties: the American farmer and inno- is an oversupply of some commodities it being included on this appropriations cent people overseas. in the world market that has depressed bill. prices a great deal. We have seen a lot So there will be other opportunities Food embargoes generally don’t suc- of weather-related disasters strike pro- to take up that issue, and I hope the ceed in changing other nations. They duction agriculture this year. So in Senate will address that at the earliest succeed in taking dollars out of our this bill there is a response to that possible time. We have time available farmers’ pockets and in putting dollars problem. A generous disaster assist- for Senator ASHCROFT and others who in the pockets of foreign farmers. They ance program totaling $8.7 billion is in- are interested in discussing that issue. succeed in undermining our farmers’ cluded in this conference report, pro- Under the impression that there will be reputation as reliable suppliers in the viding emergency assistance for pro- Senators coming to the floor soon to world market. We understand that be- duction agriculture. discuss those issues and others, I am cause farmers have talked to us. Farm- The head of the Mississippi Farm Bu- prepared to yield the floor. ers have come to me. I have met with reau was interviewed after the House I suggest the absence of a quorum, them. Senator BOND and I have several approved this conference report to get and I ask unanimous consent the time times sat down together and discussed his reaction to the need in agriculture under the quorum call be charged it with farmers in the last 3 or 4 for the funds that were provided in this equally to both sides under the order. months at various places. We were in bill. Here is what David Waide of the The PRESIDING OFFICER. Without the foothills of Missouri. We were in Mississippi Farm Bureau Federation objection, it is so ordered. the central part of the State. We have said about this emergency assistance: The clerk will call the roll. been at various places around the It ‘‘could well mean the difference in The bill clerk proceeded to call the State. They have helped me understand massive foreclosures and the ability to roll. this issue more clearly than ever be- continue farming’’ in Mississippi. ‘‘It’s Mr. ASHCROFT. Mr. President, I ask fore. that serious,’’ he said, ‘‘because of the unanimous consent that the order for A number of other Senators are very market situation and the extremely the quorum call be rescinded. attuned to this. This is something that low commodity prices and the natural The PRESIDING OFFICER. Without goes on on both sides of the aisle. This disaster we’ve had with weather, every objection, it is so ordered. is not an issue that is defined by par- Mr. ASHCROFT. Mr. President, I rise producer is impacted to some degree.’’ ties in this Congress. Senators HAGEL, today to make comments on the Agri- He went on to say, ‘‘With the type of BAUCUS, DODD, BROWNBACK, DORGAN, culture appropriations conference re- market losses that we’re seeing as a re- KERREY, along with myself and many sult of an extremely dry year, the pro- port. It is a bill which I think is very others—you notice this is one of those ducers are still going to have to strug- important for America’s farmers and things where you can go back and forth gle.’’ ranchers. Clearly, the agricultural across the aisle as you name the Mem- I point this out because there are community in America is in dire bers of the Senate—have been working some who think we have overreacted to straits. Farmers need relief quickly. on a bill that would lift embargoes in- the problems in agriculture this year. But the irony about this bill is that volving U.S. farm products. Every farmer in every area of the coun- farmers are getting, in my judgment, try may not be seriously affected by shortchanged. They are getting short- I wish to recognize the fact that Sen- the problems I have discussed and de- term financial relief, but they have ator LUGAR has for a long time been scribed but most are. In my State of been robbed of good policy; that is, a working on measures to do the same Mississippi, David Waide has it right. policy to reform the unilateral embar- and is chairman of the Agriculture He has described what the problems are goes of food and medicine that have Committee in the Senate. and what the needs are, why it is im- kept our farmers from being able to This understanding about the need to portant for this appropriations bill sell their products around the world. have markets where farmers can sell with this emergency disaster assist- Before I get substantially into my re- what they produce is a pretty substan- ance program to be approved. marks, I thank the Senator from Mis- tial understanding. It is not partisan. I am hopeful Senators will come to sissippi, the chairman of the agri- We did not surprise anyone with this the floor under the order that we have culture appropriations subcommittee, proposal. Americans have long agreed provided for debate. We have a good for his support and vote to end unilat- it is generally unwise for the United amount of time available for the dis- eral food embargoes, and for his very States to use food as a weapon. The cussion of sanctions legislation we mannerly handling of this issue on the weapon usually backfires and hurts us adopted in the Senate on an amend- floor and in the Senate-House con- more than it hurts anyone else.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12451 Congress has endorsed the values of I am reading from a newspaper arti- voted 70–28 to have it, and then behind the American people. Our job is to rep- cle out of Sedalia, MO, entitled, closed doors a decision was made to resent the values of the American peo- ‘‘Farmers Meet with Bond, Ashcroft at strip out the reform provision that re- ple and not to allow a select few inside State Fair.’’ ceived overwhelming bipartisan sup- Washington, DC, to go behind closed This is what some farmers said. This port in the Congress. It is something doors and impose their values on Amer- is what the article begins with. It in- that the American farmers want, that ica. I am here today to do what I was cludes quotes by farmers. will help sell American goods overseas, elected to do—to promote farm policies Some farmers who are worried by low that will help reverse the currently de- that reflect the values of the farm belt prices and the recent lack of rain felt en- pressed prices, that will help provide instead of caving in to the values of the couraged after talking with Missouri’s two food and medicine to people all around beltway. U.S. Senators about emergency relief and the world, and a reform that would re- trade barriers. If Members listen to their farmers, ‘‘I hope the relief comes soon,’’ said Brent verse the rather ridiculous policy in they will most likely hear what I have Sandidge, a hog farmer. ‘‘[But] rather than which America finds itself alone so been hearing. This is a letter from Kan- always giving us immediate relief, help us so often as a nation using food and medi- sas City, MO, signed by 10 people with that we can live so that emergency money cine as a weapon of foreign policy. a strong interest in this issue. Let me won’t be needed. A select few in Congress have tried to read a part of it: That is what the hog farmer was say- make the issue of embargoes on food an We believe that this legislation— ing. Give us the capacity to sell our issue about Cuba. I reject this narrow that is the legislation to allow farmers products so emergency money won’t al- interpretation. It is about the impor- to market their products to change the ways be needed. tance of consistent U.S. policy on food way we have embargoes imposed so we One such long-range plan is Ashcroft’s and medicine embargoes. Since Cuba is don’t have the unilateral embargoes Food and Medicine for the World Act.... one of those countries that we sanction against food and medicine imposed by The article continues, and then or embargo exports of wheat, rice, the President without Congress. Brent, the hog farmer who was with us, pork, and other vital farm products, let me address that. Does it really make We believe that this legislation will help said: the United States sell its valuable farm prod- . . . lifting embargoes makes sense. We sense for the United States not to sell ucts and medicines as well as help the re- need to use the agriculture in this country food to Cuba when the entire rest of ceiver countries. to feed the grave hunger of people around the the world already does? I don’t think The President and Congress ought to re- world. so. Does it really make sense for the view more carefully unilateral embargoes I am pleased to have had that article United States to deny food and medi- against any country. Withholding food and in the Sedalia paper. The bottom line cine and thereby bolster Castro’s anti- medicine is an affront against human rights American distortions? as well as a politically foolish practice. Such is this: The final Agriculture appro- priations conference report should have Let’s hear from the countryside on sanctions have never toppled governments, this issue. Here is an e-mail I received but only serve to perpetuate hatred, hunger, included the embargo reform that was and poverty among the ordinary citizens. overwhelmingly supported by Amer- from one of my constituents, Thomas Capuano, from Kirksville, MO: This was signed by 10 individuals. ican farmers and adopted by the Sen- This is one of a number of letters I ate. Frankly, it is a great disappoint- Dear Senator ASHCROFT, I want you to ment to me that the Agriculture con- know that I favor loosening the embargo on would like to submit for the RECORD. Cuba. The best way for understanding be- I ask unanimous consent that it be ference report does not include reform tween our two peoples is by means of free printed in the RECORD. for food embargoes. First of all, this re- markets, free exchange of ideas and goods There being no objection, the letter form, which we had included in the and services, and freedom of movement.... was ordered to be printed in the Senate version of the Agriculture bill, I ask unanimous consent to have this RECORD, as follows: was a reform that would have required printed in the RECORD. LATIN AMERICAN TASK FORCE, the President to collaborate with Con- There being no objection, the mate- CATHOLICS FOR JUSTICE, gress and get approval before imposing rial was ordered to be printed in the Kansas City, MO, September 13, 1999. any unilateral sanction that would em- RECORD, as follows: Hon. JOHN ASHCROFT, bargo food or medicine. To: John Ashcroft. U.S. Senate, Washington, DC. The Senate approved that amend- DEAR SENATOR ASHCROFT: Thank you for From: Tom Capuano. introducing the Food and Medicine for the ment by an overwhelming vote of 70–28. Date: 15 July, 1999. World Act as an amendment to the agricul- That included a majority of positive Subject: Cuba embargo. DEAR SENATOR ASHCROFT: I want you to tural appropriations bill and for cham- votes from both sides of the aisle—both know that I favor loosening the embargo on pioning it through this far. We hope that you Democrats and Republicans. This vote Cuba. The best way for understanding be- and Senator Bond will continue to work to shows that not only do we have more tween our two peoples is by means of free pass this important amendment. than a majority, but 70 votes would be markets, free exchange of ideas and goods We believe that this legislation will help more than enough to invoke cloture, if the United States sell its valuable farm prod- and services, and freedom of movement be- tween Cuba and the U.S. Please consider sup- ucts and medicines as well as help the re- these votes remain committed, more porting the exemptions that are currently ceiver countries. than enough votes to even override a The President and Congress ought to re- Presidential veto. being proposed to ease the embargo. Food view more carefully unilateral embargoes After the Senate 70–28 vote when the and medicine should be totally exempted against any country. Withholding food and from the embargo. Agriculture appropriations bill went to Thank you for your attention. medicine is an affront against human rights the conference, the House conferees Mr. ASHCROFT. Here is another e- as well as a politically foolish practice. Such voted on a proposal to make the Senate mail received from Ms. Janelle sanctions have never toppled governments, reform even stronger. This is signifi- but only serve to perpetuate hatred, hunger, Sharoni: and poverty among the ordinary citizens. cant because it reflects the view of The blockade against Cuba has been going Thank you for your attention; we will look many of the House Members with on for so many years we have nearly forgot- forward to a report on the outcome of Food whom I have talked that embargoes be ten about the terrible suffering of the Cuban and Medicine for the World Act. brought to the House of Representa- people and the total lack of any results to Letter signed by 10 people. tives for a straight up-or-down vote, point to from this blockade. The blockade Mr. ASHCROFT. Mr. President, not and the proposal would receive the has not worked and has alienated us from only do members of my constituency other Latin Americans. same kind of overwhelming support in All this does is exempt food, agricultural and citizens of Missouri write letters to the House that it received in the Sen- supplies, medicine and medical supplies for me, but they write letters to the edi- ate. They were confident of that if the trade embargo. It does NOT indicate any tor. They talk to the press and farm voted on by the House. Also, eight Sen- change in American policy, just a change in focus forums about the significance of ate conferees to three favored keeping how we deal with the poor and suffering. lifting food embargoes. Senator BOND the Senate provisions along with the That is a description of the Food and and I not only were in Columbia at one stronger House provisions. Medicine for the World Act. of these farm forums, but we were at It is a mystery that the House want- I ask unanimous consent to have this the State fair. ed this, the Senate wanted this, we printed in the RECORD.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12452 CONGRESSIONAL RECORD — SENATE October 13, 1999 There being no objection, the mate- JUNE 22, 1999. actions could only be considered a positive rial was ordered to be printed in the DEAR SENATOR JOHN ASHCROFT OF MIS- for the U.S. economy. Thank you and if you SOURI: I am writing this letter in regards to RECORD, as follows: have any questions or comments please do the United States’ embargo against Cuba. I not hesitate to contact me. To: Senator Ashcroft. recently visited Cuba through a U.S. Treas- Sincerely, From: ‘‘Janell H. Sharoni’’. ury Department licensed trip that was part CRAIG W. DRUMMOND, Date: 21 July, 1999. of a class for Drake University. In Cuba I was Drake University Students Body Subject: End the Cuban Embargo. immersed in their culture and sense of com- Vice-President. DEAR SENATOR ASHCROFT: The blockade munity and feel that after this experience, it against Cuba has been going on for so many is my Lockean duty as an American citizen Mr. ASHCROFT. A final letter from years, we have nearly forgotten about the to write my elected leaders and express my Mrs. Joan Botwinick in University terrible suffering of the Cuban people and concern at the status quo foreign policy that City, MO: the total lack of any results to point to from America practices in regards to Cuba. I want to thank you for introducing a bill this blockade. This blockade has not worked The United States is a country that was which would lift the embargo on food and and has alienated us from other Latin Amer- founded on the premise of freedom, democ- medicine. Not only is it the humane thing to icans. racy and sovereignty. We enact policies, laws do, but it would also benefit our farmers. Businessmen are trying, against of course and regulations that best exhibit the highest the wishes of the Miami community, who ideals of democracy and the American pub- That is a clear statement of what I seem to control our entire congress, to make lic. For the most part, we do a good job and think is the important truth. headway in working to establish relations function well as a powerful global leader. I I ask unanimous consent to have the with Cuba. Please support or co-sponsor am a proponent of democracy and capitalism letter printed in its entirety in the SB926 to end the embargo against Cuba. and hold the values and ideas of the afore- All this does is exempt food, agricultural RECORD. mentioned paramount to any other country There being no objection, the letter supplies, medicine and medical supplies for or government. The United States has prob- the trade embargo. It does NOT indicate any lems and for the most part we are aware of was ordered to be printed in the change in American policy, just a change in these and have good people working to rec- RECORD, as follows: how we deal with the poor and suffering in tify our problems and wrongs. That is why UNIVERSITY CITY, MO, the third world. Is it not obvious that Fidel this whole Cuba situation intrigues me so Sept. 24, 1999. Castro will die in office and never be re- much. DEAR MR. ASHCROFT: I want to thank you moved? Why does America continue to have an em- for introducing a bill which would lift the This is the first step in ending our stupid bargo against trade with Cuba? Why have we embargo on food and medicine in Cuba. Not cold war relationships with a person who is chosen to isolate Cuba and ourselves from only is it the humane thing to do, but it head and shoulders above most of the dic- each other? This puzzles me dearly and I would also benefit our farmers. tators we have supported in the past in our have searched, with a patriotic mindset, to The broader issue is: Do we promote de- anti communist stance. find answers, yet I have not found any viable mocracy by putting sanctions on countries The Pentagon is not afraid of Cuba, and es- ones. Cuba operates as a socialistic govern- pecially the Cuban people. Why, Senator we don’t like or who may be a threat to us, ment and this government is by far one of or do we try to help improve their economies Ashcroft, do we continue this terrible ordeal the best examples of true socialism that I against the people of a nation so close to our by engaging in commerce and dialogue. I be- have seen. The people are educated, have ac- lieve our best course is the latter. shores. cess to medical care and the leaders do not Sincerely, Sincerely, live lavish lifestyles. Cuba is poor and the JOAN BOTWINICK. JANELLE H. SHARONI. people need money and have wants, yet the Mr. ASHCROFT. I received many let- division of wealth appears to be fair and Mr. ASHCROFT. Comments about ters about this issue. Here is one from from the government leaders to the person lifting the food embargo come not just a constituent in St. Joseph, MO, Mr. on the street, the people support their gov- from the Midwest. An editorial from Craig Drummond, who is the Drake ernmental system. the Fort Lauderdale Sun-Sentinel, Au- Why then has the United States, the world gust 16, 1999, states: University student body vice president. leader in human rights, let itself place greed I don’t know why he went all the way and the desires of a limited minority of It clearly would be in America’s best inter- to Iowa to get his education, but Drake American businessmen above the needs of a est to expand trade in food and medicine to is a fine institution. people, fair foreign policy, and the search for Cuba, for more reasons than one. He states it this way: social justice in U.S. action? American busi- I continue to quote: The United States is a country that was nessmen are upset because their companies If nutrition and health-care conditions founded on the premise of freedom, democ- were nationalized in the Revolution of 1959. don’t improve in Cuba under the easing or racy and sovereignty. We enact policies, laws Cuba has since offered retribution, but the lifting of U.S. trade restrictions, Castro and regulations that best exhibit the highest former owners have declined it on the won’t have the embargo to blame for his gov- ideals of democracy and the American pub- grounds that the retribution is not for the ernment’s failures. lic. For the most part, we do a good job and real amount that the assets were worth. function well as a powerful global leader. I Well, as someone who has invested in foreign In other words, we provide Castro am a proponent of democracy and capitalism markets, I personally know of and accept the with an opportunity to blame America and hold the values and ideas of the afore- higher degree of risk that is taken when in- for hungry people, to blame America mentioned paramount to any other country vesting in foreign markets that are not for sick people, as long as we embargo or government. The United States has prob- under direct U.S. control. A foreign investor food and medicine. lems and for the most part we are aware of must accept this risk and realize that there Quite frankly, there is a ground swell these and have good people working to rec- is additional risk associated with of support to lift the food and medicine tify our problems and wrongs. That is why transacting or operating a business in a for- this whole Cuba situation intrigues me so eign country. embargo on Cuba—and other countries. much. Cuba is a nation of great beauty and oppor- An article from the Omaha World- Why does America continue to have an em- tunity. The Cuban people desire and need the Herald commends the cosponsor of this bargo against trade with Cuba? Why have we help of the United States. I see no reason for legislation, Senator CHUCK HAGEL of chosen to isolate Cuba and ourselves from the current embargo and would ask you to Nebraska, who has been such a leader each other? compare Cuba to China when talking about in this respect. I will read from that ar- I think the point here that ought to foreign policy and governmental structures. I am asking as a constituent and citizen that ticle: be made is a point that needs to be you look into this matter so that you can Sens Chuck Hagel, R-Neb., and John made over and over again. For food and form an educated opinion on this subject. Ashcroft, R-Mo., added to the Senate’s re- medicine, we don’t strengthen the re- Hopefully, education on this subject will fos- cent farm spending bill an amendment that gime; we strengthen the people. ter a desire to rise up and make the nec- would exempt most food and medical sup- Strengthening oppressed people is what essary change to lift this embargo. There plies from U.S. sanctions against foreign na- is fundamentally appropriate in terms may have been reasons in the past for the tions. of eventually allowing them to survive implementation of the embargo, but Cuba As an editorial in this space said on August oppressive regimes. and the U.S. have both changed since the 10, Cuba provides the closest example of why Hagel and Ashcroft have a good idea: Such I ask unanimous consent to have this 1950’s and it is time for our foreign policy to change as well. sanctions usually harm only the people who letter printed in the RECORD. The lifting of the embargo will not only deserve it least, and they pointlessly exclude There being no objection, the letter help the Cuban economy, but it will inevi- U.S. farmers and pharmaceutical manufac- was ordered to be printed in the tably act as an impetus to spark American turers from significant international mar- RECORD, as follows: investment and exports to Cuba. Such trans- kets.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12453 I ask unanimous consent to have this it should join the Senate in easing the food week the sponsors of the amendment, editorial from the Omaha World-Her- and medicine embargo. that was approved 70 to 28 and was ald, Friday, August 20, 1999, printed in Mr. ASHCROFT. Most people realize added to the Agriculture appropria- the RECORD. it is the good thing to do for our farm- tions bill, intend to introduce the em- There being no objection, the edi- ers and it is the right thing to do in bargo reform as a freestanding bill. We torial was ordered to be printed in the terms of humanitarian interests of will bring it to the Senate and the Con- RECORD, as follows: those abroad. That is why the Senate gress. We will say to the Congress: This [From the Omaha World-Herald; Fri. August overwhelmingly approved this concept, is not part of the Agriculture appro- 20, 1999] and that is why it should have been re- priations measure as it was before, but A GENTLER FACE TOWARD CUBA tained in the conference report which we want to present this to the Con- Maybe it’s just a coincidence of timing. provides relief for American farmers. gress. I am grateful the majority leader But lately it seems that Midwesterners are We provide financial relief, but we ig- of the Senate has made a commitment at the forefront of a push to start easing nore the need for structural relief so to me to bring the proposal back to the some of the barriers between the United that their market can be expanded. It Senate floor for separate consideration States and Cuba. Sens. Chuck Hagel, R-Neb., and John is no secret that what happened to the this session. That is important to me. Ashcroft, R-Mo., added to the Senate’s re- appropriations bill for farmers has been I wanted the measure approved as cent farm spending bill an amendment that construed by some as an affront to part of the Agriculture appropriations would exempt most food and medical sup- farmers. Missouri farmers are not bill and sent to the President for signa- plies from U.S. sanctions against foreign na- duped; they are not fooled. They under- ture. It would have been easier. It cer- tions. stand that while there is additional fi- tainly was an overwhelming consensus As an editorial in this space said on Aug. nancial assistance being given out, of this body and I believe an over- 10, Cuba provides the closest example of why Hagel and Ashcroft have a good idea: Such they are still being deprived of their whelming consensus of the House. But sanctions usually harm only the people who markets, and Missouri farmers want to if that can’t be, then we try plan B. deserve it least, and they pointlessly exclude be able to produce and to sell. That is Plan B is to bring it up separately and U.S. farmers and pharmaceutical manufac- what farming is all about. They are be- get it passed through the Senate, get it turers from significant international mar- wildered as to how their freedom to passed through the House of Represent- kets. market, which had majority support atives, and sent to the President. Senate Minority Leader Tom Daschle of from both sides of the aisle, could be I thank the majority leader of the South Dakota and Sen. Byron Dorgan, D- Senate who has made a commitment to N.D., recently came back from a visit to stripped out of the bill. I will do every- Cuba with figures that undergird that idea. thing I can to make sure they get the bring the proposal back to the Senate They said officials in Cuba told them the freedom to market we have been prom- floor for separate consideration. This country imports nearly $1 billion in food and ising them for years; we must deliver. debate will continue, therefore. medicine annually and food imports could Quite frankly, there is growing con- Let me reiterate a few points that double in five years. Cuban doctors and hos- sideration of an idea that says we can’t are vital to the proposal we are advanc- pital officials told the Americans that more have Freedom to Farm if we don’t have ing. The general framework is this. We than 200 important pharmaceuticals are not freedom to market. We have never do not make it impossible to have an to be found in Cuba and that a pressing need given it a real chance to work. We have embargo. We just say, before there can exists to restock. One must consider the source of such as- to give our farmers the chance to mar- be an embargo, the Congress has to ap- sertions. But even if the numbers were sub- ket what they produce as well as the prove it. So we do not tie the hands of stantially exaggerated, they still point to freedom to be producers. the President, but we ask him to shake real markets and real needs. If what happened over the last 2 hands with the Congress before you Now there’s the visit to Havana by the weeks on sanctions policy keeps up, I take this draconian, drastic step which Gold Nemesis from Lincoln, Nebraska’s top do not think we will be seeing this pro- hurts American farmers, before you under-17 soccer team, with its people-to-peo- gram work. We have to have both free- have sanctions on food, fiber, and medi- ple sports diplomacy stint. What are the young players (many of whose parents have doms: The freedom to farm and the cine. We will not allow the President, no memory of a time when there wasn’t an freedom to market; and who will be to with the stroke of a pen, to damage the embargo against Cuba) learning? blame but those who kept us from pass- livelihood of American farmers or to ‘‘People from Cuba are not stereotypical, ing the freedom to market? cut off the subsistence of oppressed real hard-nosed, mean people,’’ Gold nemesis Our amendment, the Food and Medi- people around the world. It will require co-captain Christian Mangrum told the Asso- cine for the World Act, is designed to consultation with the Congress. ciated Press. ‘‘They’re actually really nice, allow our farmers to market around I want to make one thing as clear as really genuine.’’ No surprise there, surely. The faceoff be- the world and is designed to restruc- I can. This is genuinely a proposal that tween the two nations has never been about ture the way in which agricultural em- supports the policy of helping our Americans vs Cubans. It is about the corrupt bargoes, or food embargoes, would be farmers and putting products which and dictatorial regime of Fidel Castro and imposed—if at all. That proposal would will eliminate suffering and hunger his dreams of Pan-American revolution. And have put United States farmers on into the hands of those who need them harbor no illusions: Castro remains Castro. more competitive ground with the Ca- most. This is not about shipping mili- All in Cuba is not sweetness and light nadians and more competitive ground tary equipment or even dual-use Dorgn reported that Castro staunchly de- fended the current system. ‘‘He staunchly with the Europeans and South Ameri- items—things that could be used in the defends what he has done,’’ Dorgan said. ‘‘He cans in world markets. It would have military setting—to other countries. rejects the notion that there are human put money in the pockets of U.S. farm- We want to keep those kinds of things rights violations.’’ Dorgan said Cuban offi- ers—clear and simple; just a fact; there out of the hands of tyrants. But we do cials had told him and Daschle they were would have been money in the pockets not want to assist tyrants, or strength- free to speak to any Cuban. But that proved of American farmers. en the hands of tyrants, by allowing to be untrue when they wanted to talk to It is hard to believe we simply—we? I them to blame America for hungry peo- four dissidents recently sentenced to prison. should not say ‘‘we.’’ From somewhere, ple who are oppressed or people who The overthrow of Castro is not a realistic prospect, but after all, he will not live for- in the dark of night in the conference are ill in health, so that the tyrant can ever. It is time to think about what happens committee, out goes that provision say: The reason you are ill and the rea- after he’s gone. If Americans demonstrate to which had overwhelming support, I be- son we don’t have good medicine is the Cubans that we as a nation aren’t out to lieve, in both Houses of the Congress. United States of America won’t allow starve them or deprive them of medical care; It would have restored the credibility you to have good health or won’t sell if we show them more about average Ameri- of the Congress worldwide, across us food. cans and the kind of life that is possible America, and would have restored our Our approach helps us show support under a more progressive form of govern- farmers’ credibility worldwide as sup- for the oppressed people who need to be ment: doesn’t it make sense that in the post- strengthened in these countries, at the Castro era they’ll be open to a free and open pliers. society? I will continue my efforts to win same time we send a message that the For that reason, when the House of Rep- final approval for ending unilateral United States in no way will assist or resentatives resumes its session next month, food and medicine embargoes. Next endorse the activities of the rogue

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12454 CONGRESSIONAL RECORD — SENATE October 13, 1999 leaders of these nations which threaten continue to talk truthfully about polit- dent Carter put the embargo on the So- our interests. If these rogue leaders ical oppression in other countries. We viet Union. My dad was farming, as he don’t spend the money with the Amer- should do so, though, without denying is today. We were both long in wheat. ican farmers to buy food, that leaves food and medicine to the oppressed Wheat went down lock limit for 3 days them hard currency to buy weapons people who need to be strengthened, in a row with that embargo. The mar- and destabilize countries around the not weakened. How can we ever expect kets did not recover when that big of a world. We ought to hope they spend all to topple a regime by starving those sale was taken out of the system. We their money on food for their people in- who populate it? Our foreign policy in- lost a lot of money. stead of weaponry they use either to terests should be to strengthen, not to Senator ASHCROFT was talking about repress people in their own regimes or weaken, those who could resist an op- how much we lost as a nation and how destabilize neighboring countries. pressive regime. much our farmers lost. I remember Ending unilateral embargoes against We need to stop using food as a weap- what we lost as a family in that embar- sales of U.S. food and medicine is good, on against the innocent. It is not good go, not that it should be any deciding solid foreign policy, it is good farm pol- foreign policy. It is failed foreign pol- factor, but it galvanized in my mind icy, and it promotes U.S. interests icy. That gun backfires. It is not work- what happens when we do these sorts of around the world. In the past, we have ing. It is hurting those abroad and is things. That is, we lose markets, we imposed embargoes that have done ex- hurting those of us who are back home. lose money, our farmers are penalized, actly the opposite from what we in- In terms of market access for farmers, punished—and the Soviet Union got tended. If we use food as a weapon, we we can talk about the roadblocks that cheaper grain out of the deal. It was have to be careful it doesn’t backfire. are laid down by foreign governments— bad for us all the way around. Using food as a weapon has really re- and I am pretty distressed about those One of my great disappointments sulted in more backfiring than forward roadblocks. The Europeans have vast with the Ag appropriations conference firing. We have actually enriched the subsidies that make it hard for us to report is that we had a chance to end people we were seeking to hurt, and we compete with them overseas. But let us once and for all the use of food and have hurt the people, the American also be aware we have to stop throwing medicine as a foreign policy tool. We farmers, who have been the producers roadblocks in the way of our own farm- did not take that chance, and we are of what has made this Nation the ers here at home. We have built a solid poorer for it. We should have gotten greatest nation on the face of the brick wall in front of our own farmers. this monkey off the back of U.S. farm- Earth, where hunger has been virtually ers. Simply, it is an impenetrable wall abolished—or it should be. I rise to state my strong disappoint- when it relates to embargoes and sanc- Let me just give this example. It is a ment with this conference report, even tragic example. It is not humorous, but tions imposed unilaterally on food and though my colleague from Mississippi, it is almost funny because it backfired medicine against a number of countries who chairs this subcommittee, has so badly. Everyone remembers the So- around the world. My message today to done everything he possibly can. There viet grain embargo in the 1970s. We the Congress is simply this: Tear down is a lot of good in this appropriations canceled 17 million tons of high-priced this wall we have built. conference report, but we missed a exports from the United States. We Let our farmers be free. Our food em- chance to lift these unilateral sanc- told farmers: You cannot make those bargoes have failed. Our food embar- tions on food and medicine. sales; we are not going to allow you to goes are not effective. Food embargoes As you have already heard several ship that grain to Russia. are not the way for us to win. That gun times, the Ashcroft amendment was Here is what happened. The Russians, backfires. It is time to tear down this adopted overwhelmingly in this body having been relieved of their contrac- wall. And we will. Starting next week, by a vote of 70–28. It is important to tual obligation to buy what they want- we will do our best to bring this meas- keep mentioning that fact because it is ed to buy, went into the world market- ure up as an independent, freestanding astonishing to me that such a clear place. Do you know what they did? measure. message from the Senate could be so They bought all the stuff which we re- While I believe it is important to easily ignored. fused to sell them, and they saved $250 help our farmers in the Agriculture ap- In a place as diverse as America and million in the process. We really hurt propriations bill upon which we are as compact as Congress, there are the Russians with that one. Robert going to be voting, that is a financial bound to be honest disagreements Kohlmeyer of ‘‘World Perspectives’’ assist in the short term for a disastrous about any number of issues, including brought that story to the committee as year, but we need the long-term struc- sanctions. These disagreements were we had hearings on sanctions. I tural reform that the hog farmer in Se- given a thorough and extensive airing thought to myself, that gun backfired dalia, Brett, came to me and said: We in the Senate, and the result was an in a big way. The only people with pow- need the ability to market so we don’t overwhelming majority decided it was der burns, the only people suffering as need to come back for financial assist- not an effective policy tool to use food a result of that volley, were American ance over and over again. Tear down and medicine in foreign policy. This is farmers and individuals in the produc- this wall. a conclusion that a vast majority of tion of American agriculture. I yield the floor. the American public has already recog- Our market reputation as a supplier Mr. BROWNBACK addressed the nized for some time and certainly the in the world went down, and other peo- Chair. farming public has recognized this for a ple decided they would bring on land to The PRESIDING OFFICER (Mr. ROB- long period of time. be producers, in South America and ERTS). The distinguished Senator from What has occurred with the Agri- other settings, so they could supply Kansas is recognized. culture appropriations bill is an at- what we would refuse to supply. All of Mr. BROWNBACK. I thank the Pre- tempt to avoid this important policy a sudden, we brought new competitors siding Officer, the other distinguished issue. I am delighted we are going to into the arena; we destroyed our rep- Senator from Kansas. I appreciate his bring it back up next week and discuss utation; we helped our enemy get $250 recognition. I ask unanimous consent it, but it is an unfortunate tactic that million he wouldn’t otherwise have to speak for up to 10 minutes on the Ag has moved us to next week rather than gotten, and we hurt American farmers. appropriations conference report which now in deciding this critical policy Seldom can a gun backfire so accu- is before the Senate. issue for U.S. agriculture and for rately in so many directions. I say sel- The PRESIDING OFFICER. Without America’s foreign policy. Compounding dom, but it is just generally so in the objection, it is so ordered. this wrong is the fact that U.S. agri- arena of embargoes. Our embargoes Mr. BROWNBACK. Mr. President, I culture is in the midst of an economic more often deny people who suffer rise in support of what my colleague struggle, and sanctions serve to limit under such regimes the food and medi- from Missouri just spoke about. As he U.S. markets for no real policy effect. cine they need and desire rather than was speaking, I was thinking where I Unilaterally using food and medicine hurting the leaders in those countries. was when the embargo happened. In as foreign policy weapons fails to take America has been a nation that pro- the late seventies, I was a farm broad- into account that the U.S. has com- motes freedom worldwide. We should caster in Manhattan, KS, when Presi- petition in agriculture. If we do not

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12455 sell it, somebody else will, and that is guiding us past many obstacles that farmers get next year’s crop in the what has taken place in the past. It is have stood in the way of final passage ground or milk the cows. We have time we limit the possibility of this of this measure. At the end of today’s talked enough—it is time now to pass happening again in the future to the debate, we will send to the President this bill. United States. an agricultural spending bill that will In closing, let me say how much I Even if the U.S. denies trade with an- result in immediate aid to hundreds of have enjoyed working with Senator other nation, other countries will, and thousands of farmers across our coun- COCHRAN. This is my first year as rank- do eagerly, sell these products. We try. That is an accomplishment of ing member on this subcommittee and know this for a fact. The only one who which we can all be proud. his exceptional leadership, good judg- gets hurt in this process is truly the At times, work on this bill was con- ment, and helpful hand has been indis- U.S. farmer, the farmers across Kansas tentious. The money we had available pensable in making this a positive ex- who do not get to make these sales. to work with made it very difficult to perience for all of us. I would also like While it is difficult to calculate the fund adequately the most critical pro- to thank his distinguished staff, Re- actual gain that lifting sanctions grams at USDA, FDA, and the other becca Davies, Martha Scott would bring in the short term it is easy agencies in this bill. Poindexter, Les Spivey, and Hunt Ship- to see the long-term benefits of sanc- Senator COCHRAN did a masterful job man, for their important contributions tions reform. These benefits include in finding a balance of priorities, given to this bill. And, of course, I must the increased sales to new markets be- the budgetary constraints under which thank Galen Fountain of the minority cause we tell that new market we will we had to work. In fact, we were even staff for his wisdom and patience. be a reliable supplier; we will not just able to increase spending for some crit- Galen is an invaluable resource to me, step in willy-nilly on this; we will be ical programs. This conference report to all Democratic Senators, and to the reliable in our supplying. Perhaps even provides an increase for the President’s Senate itself. more profound, this policy serves to re- food safety initiative, as well as addi- I ask unanimous consent that a let- assure all our trading partners that the tional funds to help avoid a shortfall in ter on the Foreign Market Develop- U.S. will continue and will always be inspectors at the Food Safety Inspec- ment Program from the USDA be that constant and reliable supplier of tion Service. An increase is provided printed in the RECORD. agricultural goods. This assurance is for the WIC Program to help maintain There being no objection, the letter necessary in a competitive market. caseload. Other programs, such as re- was ordered to be printed in the Efforts to reinstate this important search and education, conservation and RECORD, as follows: sanctions relief language or find a com- rural development are all funded at a DEPARTMENT OF AGRICULTURE, promise have certainly been valiantly very healthy level. OFFICE OF THE SECRETARY, put forward by Senator ASHCROFT, Sen- Most important, we have managed to Washington, DC, September 29, 1999. ator DORGAN, and a number of others, include $8.7 billion in emergency aid to Hon. HERBERT KOHL, including the Chair. I commend my farmers suffering from the price col- Committee on Appropriations, Washington, DC. lapse that has hit too many commod- DEAR SENATOR KOHL: This is in reply to neighbors in this principled fight and your request for information about the Com- their persistence on this issue. Still the ities. I realize some of my colleagues, modity Credit Corporation (CCC) Charter few who oppose sanctions reform have especially those from the Northeast, Act and the President’s budget to fund the blocked any progress. will argue that more is needed to ad- Foreign Market Development Program Reluctantly, I will vote for this bill dress the needs of farmers suffering (FMD) through CCC. because farmers and producers are de- from the effects of this summer’s The President’s budget proposes to shift pending on the emergency aid funding drought and Hurricane Floyd. I agree. funding for FMD from the FAS appropriated contained in this bill. But I truly be- The administration should send us a account to the Commodity Credit Corpora- separate emergency request for these tion (CCC). The budget also proposes to fund lieve the future of U.S. agriculture de- a new Quality Samples Program through pends on the long-term reforms such as recent disasters, and Congress ought to CCC. In conjunction with the budget, the Ad- this Senate-passed amendment lifting act on it immediately. But our com- ministration has forwarded to Congress leg- unilateral sanctions. I will continue to mitment to help the farmers of the islation authorizing the use of CCC funds for fight on this issue and insist that the Northeast overcome the natural disas- FMD and capping expenditures for that pur- will of the majority be followed. ters of the last several months should pose at the Fiscal Year (FY) 1998 program In conclusion, we had a chance to not stop us from enacting aid for farm- level of $27.5 million. once and for all remove the use of food ers all over the country suffering from You questioned whether such legislation was necessary or whether the Administra- and medicine as a foreign policy tool, the economic disasters of the last sev- tion has the authority to fund these pro- and we missed it. We could do some- eral years. grams through CCC administratively. You thing good, something right, morally I also want to note the efforts made are indeed correct: although it is the Admin- on the high ground, the right thing for to ensure that harmful legislative rid- istration’s position that such legislation U.S. farmers, the right thing for those ers, such as attempts to undermine should be enacted, CCC has the authority to consumers in places around the world USDA reform of dairy policy, did not fund FMD and the proposed Quality Samples who need and should have this good, become part of this conference report. Program under the Section 5(f) of the CCC high quality food product we have. We We have spent months putting together Charter Act without additional legislation. a fair bill—not perfect, but fair. Efforts The legislation we submitted does not ex- missed that opportunity. We are poorer pand the Secretary’s existing authority; it for it, and so is the rest of the world. to incorporate dairy compacts into this limits it by imposing a cap on CCC expendi- We will have this fight again next legislation were defeated more than tures for the two programs. week. I hope we can still move this bill once. It is time to pass this bill and get If FMD ultimately is funded through CCC this session of Congress. I lament we much-needed funding to dairy farmers rather than from the FAS appropriated ac- did not do it on this piece of legisla- and to hardworking farmers across the count, the Administration intends to con- tion. country. tinue to fund FMD at not less than the his- Mr. President, I yield the floor. And let me emphasize that last point. toric level of $27.5 million annually. This bill contains almost $9 billion in Please feel free to contact me if you need Mr. KOHL addressed the Chair. any additional information. The PRESIDING OFFICER. The dis- emergency assistance to struggling Sincerely, tinguished Senator from Wisconsin is farmers everywhere. Within days of the AUGUST SCHUMACHER, Jr., recognized. President signing the bill, almost $5 Under Secretary for Farm and Mr. KOHL. I thank the Chair. Mr. billion of that aid will be on its way to Foreign Agricultural Services. President, I am glad to join my col- farmers. It is all well and good for us to Mr. KOHL. I thank the Chair and league, Senator COCHRAN, in support of spend days listening to talk about this yield the floor. the conference report to H.R. 1906, the money—how it is distributed and how Mr. REED addressed the Chair. fiscal year 2000 Agriculture appropria- much there should be—but there are The PRESIDING OFFICER. Who tions bill. hundreds of thousands of farmers who yields time? I congratulate Senator COCHRAN, need it now to plant, feed, and operate. Mr. KOHL. I yield to the Senator chairman of the subcommittee, for All the words in the world will not help from Rhode Island.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12456 CONGRESSIONAL RECORD — SENATE October 13, 1999 The PRESIDING OFFICER. The dis- tional disaster relief amendments to with respect to those farmers who are tinguished Senator from Rhode Island the fiscal year 2000 Agriculture appro- part of the Agricultural Market Tran- is recognized. priations bill as it was being considered sition Act. There is $5.5 billion there. Mr. REED. I thank the Senator from in the subcommittee. Those amend- That money will be flowing out imme- Wisconsin for yielding and also thank ments were rejected also. diately. They will get assistance imme- him and the Senator from Mississippi On the floor of the Senate in August, diately. Not only will they get this as- for their efforts on behalf of this legis- I joined my Democratic colleagues in sistance, but they will also qualify for lation. But I must come to the floor supporting an emergency farm package this $1.2 billion of natural disaster today in opposition to this bill because that would provide over $10 billion to money if they suffered their loss it is not fair legislation for all the producers in need of relief, including through a natural disaster. They will farmers of America—certainly not fair $2.6 billion in disaster relief and $212 get essentially two bites of the apple, to the farmers of the Northeast, in million in emergency conservation as- where my farmers in the Northeast will Rhode Island, New England, the Mid- sistance, both of which would have get what is left. Atlantic States, because they have suf- been very critical to my farmers in There are many States throughout fered a tremendous loss this year be- Rhode Island and throughout the this country that qualify for this dis- cause of a drought that has historic Northeast. Sadly, that proposal was aster program, this $1.2 billion—33 implications. It was the worst drought also rejected. There was even discus- States, in fact. So there will be a long in the history of this region in over 105 sion to try to work out a compromise, line of farmers who have to be satisfied years of record keeping by the National a bipartisan effort, on the order of $8.8 by this insufficient amount of money. Oceanic and Atmospheric Administra- billion. This, too, failed. There are things we could have done, tion. This has had a devastating im- Finally, I think in the hopes of mov- I believe we should have done, in addi- pact on the farmers of my State and of ing the process forward, we did agree to tion to putting more money into the the region. the final $7 billion package proposed by natural disaster program so we could Most people do not consider the the majority, as a downpayment, if you take care of the real needs of all the Northeast to be a place where there are will, on the necessary support we hoped farmers across the country. lots of farms, but in my own small we could obtain through the conference I had hoped we could have increased State of Rhode Island there are over process and we hoped we would be vot- the Crop Loss Disaster Assistance Pro- 700 farmers who grow vegetables, turf, ing on today in this final conference re- gram, which is something that has nursery stock, cranberries, straw- port. been helpful in the past. There is also berries, and potatoes. We also have nu- But today we are faced with a bill a Livestock Feed Assistance Program merous orchards and dairy farms. All which we cannot amend, which we which is also critically important to of these farms have suffered dev- must either accept or reject; and, my farmers in the Northeast because astating losses. And these are family sadly, despite all the efforts, all the much of the silage has been lost. In our farms; these are not large agricultural earnest efforts of my colleagues, I must dairy farms particularly, that is a crit- combines—certainly not in Rhode Is- vote against it because it does not pro- ical loss. land. They are family farms that are vide the kind of assistance that is nec- We also, as we go forward, should struggling to make do. This year they essary for the farmers of my State and think about the structure of the pro- had a difficult struggle because of this my region. gram for noninsured crop disaster as- historic drought. Of the $8.7 billion in emergency farm sistance, the NAP program. There is a We originally thought that farm relief in the appropriations bill, only trigger in that program that requires a losses would be about 50 percent of the $1.2 billion is set aside for all disasters 35-percent areawide loss. Sometimes crop—a serious blow. But I have just declared by the Secretary of Agri- we can’t meet that loss, but, frankly, been given data today from our agri- culture in 1999. In the Northeast alone, most of the crops in my State are non- cultural authorities where in Rhode Is- our Governors have told us we are fac- insured. They are strawberries, vegeta- land they are suggesting that the Au- ing nearly $2 billion in total losses. bles, et cetera. They individually some- gust estimates were not as severe as And as today’s data indicates, those times can’t meet this trigger, and they the reality is turning out to be. In fact, are probably conservative estimates. are denied any assistance whatsoever. the estimate is that the percentage For the Department of Agriculture to If that program were more flexible, we loss of sweet corn in the State is 80 per- cover 65 percent of our region’s losses could address some of the concerns we cent, silage corn is 70 percent, potatoes alone would cost about $1.3 billion. Yet are talking about today in terms of in- is 60 percent, mixed vegetables is 75 we have only appropriated $1.2 billion sufficient funding. percent, and hay is 50 percent. These for the entire country—every region, In addition to this lack of resources, are difficult losses to bear, particularly for every natural disaster from Janu- in addition to the unfairness of the dis- difficult to bear without assistance. ary 1 to December 31. tribution, in addition to the lack of We have received some rain through So as you can see, all of this money timely response to the problems of my the last few weeks, but it has not been that is within this bill could easily be farmers in the Northeast and Rhode Is- enough to reverse the damage that al- used in the Northeast, in the Mid-At- land, there is also the issue of the dairy ready was done April through August lantic alone, but it will be spread compact. Failing to extend this under- with the worst drought in the history throughout the country and, in fact, be cuts a program that was working, a of our region. spread in such a way that my farmers program that provided not only sup- That is why I am here today, be- will be particularly disadvantaged. port to the dairy industry in my State cause, frankly, the resources in this It is unlikely this $1.2 billion of dis- but, frankly, provided consumers with legislation that are being made avail- aster relief money will be available to milk at reasonable prices. It also pro- able to the Northeast, to the Mid-At- my farmers until sometime in the mid- vided tremendous environmental ben- lantic farmers, are insufficient. We dle of next year because, as the legisla- efit to the State of Rhode Island and have tried, over the last several tion is written, the Secretary must other States because of the pressure of months, to structure a meaningful re- wait until the end of the year to cal- development, particularly in the lief package that would help the farm- culate all of the damages throughout Northeast. Many of these dairy farms, ers throughout this country—every re- the country and then begin the cum- given the choice of producing at a loss gion. bersome process of proration and dis- each year or selling out to developers, In the 1999 emergency supplemental tribution of these funds, which could will sell out. In Rhode Island, the little appropriations bill, Democrats offered take months. That is another problem green space we have becomes less and an amendment to provide disaster re- with the legislation. Not only are there less and less. lief for America’s farmers and ranchers insufficient funds available to the For all these reasons, I must oppose which would have taken care of all of Northeast, but these funds may not this legislation. I hope in the remain- our farmers throughout the country. come until the middle of next year. ing days of this session we can, in fact, This provision was rejected by the ma- That is in contrast to what my col- find ways and other legislative vehi- jority. Later, Democrats offered addi- league from Wisconsin pointed out cles, perhaps even a supplemental, to

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12457 direct assistance to the farmers western farmers, yet it is shut off to us activity. This is one of the three; min- throughout this country, including for no good reason. Because Cuba has erals is the other. Both have not been farmers in the Northeast, particularly fiscal problems, many of its people are good lately. Fortunately, there are in my home State of Rhode Island. experiencing hardship. Those who have some signs of improvement, particu- I yield the floor. relationships with Cuban-Americans larly in the livestock area, which is of The PRESIDING OFFICER. Who receive financial support, but those course the most important part of Wy- yields time? who don’t have relatives here need ac- oming’s agriculture. Mr. COCHRAN. Mr. President, I yield cess to scarce food and medical sup- I come to the floor to talk about such time as he may consume to the plies. Higher shipping costs from other what we need to do in the long run. We Senator from Minnesota, Mr. GRAMS. import sources has restricted the vol- are talking in this bill about a great The PRESIDING OFFICER. The dis- ume of food that can be imported. Yet deal of fairly short-term remedies. I tinguished Senator from Minnesota is here we are 90 miles away. We could don’t argue with those particularly. I recognized. help these people, but we cannot. It is guess maybe we have spent a little Mr. GRAMS. Mr. President, I will time to develop more contact with the more money than we should, used the talk a few minutes this morning in Cuban people and time to help those emergency technique for some things support of the Ashcroft amendment to who do not have relatives in the United that probably are not bona fide emer- the Agriculture appropriations bill States. This bill does not aid the gov- gencies. On the other hand, we have a dealing with sanctions. I know this Ag- ernment, as United States guarantees great deal to do in our community in riculture appropriations bill covers can only be provided through NGOs and agriculture and all that needs to be many areas, including dairy, as we just the private sector. Currently, dona- done. heard our colleague from Rhode Island tions are permitted, as well as sales of No one doubts the urgency of pro- discuss. I have a different view, of medicine, but they are very bureau- viding the short-term relief, whether it course, on the dairy situation. I hope cratically difficult to obtain, and they be from emergencies in weather, from to have more on that in another state- don’t help everyone. Our farmers are in emergencies in markets, or whether it be other kinds. ment that will also be entered into the a good position to help and they should But the fact is that this, in my view, RECORD in regard to the Agriculture be allowed to do so. is not the long-term solution to the appropriations bill. I applaud Senators ASHCROFT and problems we have. Producers in Wyo- I was disappointed the conferees de- HAGEL and many others for there work ming generally do not favor returning cided to drop the Ashcroft Food and to ensure farmers and medical compa- Medicine for the World amendment to the Government farm programs. I nies will not be held hostage to those think they would much prefer the idea added by 70 Senators to the Senate Ag who believe sanctions can make a dif- appropriations bill. I am a cosponsor of of being in the marketplace, producing ference. Any administration would for the marketplace, developing new the bill to be introduced by Senator have to get Congressional approval for ASHCROFT and the cosponsors of his markets. any food and medicine sanction. This is We had an agricultural seminar in amendment. While I would prefer this our best opportunity to help farmers bill addressed all unilateral sanctions, our State recently, and those were the and to show the world we are reliable things that were talked about—that we not just food and medicine, I strongly suppliers. I urge the support of my col- support the bill as a good start to re- do need to develop markets; we need leagues for this long overdue legisla- overseas markets because we are great forming our sanctions policy. As a co- tion. producers. We produce efficiently and sponsor of the Lugar Sanctions Reform I yield the floor. at good prices. But in order to do that, Act, I believe it is long overdue that Mr. COCHRAN. Mr. President, seeing we have to continue to develop mar- the administration and the Congress no Senators seeking recognition, I sug- kets. I think we have to, in addition, think before we sanction. gest the absence of a quorum and ask reduce the kinds of restrictions that it makes no sense to punish the peo- unanimous consent that the time be prohibit the sort of production we ple of a country with which we have a charged equally among all sides to the choose. So we need to follow up, and I dispute. Denying food and medicine debate. think many of the agricultural leaders does nothing to penalize the leaders of The PRESIDING OFFICER. Without in the Senate believe we have some any country. Government leaders can objection, it is so ordered. things we have to do to make Freedom always obtain adequate food and medi- The clerk will call the roll. to Farm work. Those are the things we cine, but people suffer under these The legislative assistant proceeded must do in following up to make that sanctions, whether they are multilat- to call the roll. marketplace work. eral or unilateral. Those two areas Mr. COCHRAN. Mr. President, I ask One of them, of course, is to reduce should never be a part of any sanction. unanimous consent that the order for unfair trade barriers throughout the At the same time our farmers suffer the quorum call be rescinded. world. We have a great many of those, from the lingering effects of the Asian The PRESIDING OFFICER. Without and probably the most pressing one is financial crisis as well as those in objection, it is so ordered. the European Union, where they have other areas of the world, we either Mr. COCHRAN. Mr. President, I yield found various ways through tariff bar- have, or are debating, sanctions that such time as he may consume to the riers, or nontariff barriers, to keep ag- further restrict markets for our farm- Senator from Wyoming, Mr. THOMAS. ricultural products in the country ers and medical supply companies. The PRESIDING OFFICER. The dis- moving—beef, for example, which is Since most of our sanctions are unilat- tinguished Senator from Wyoming is important to me and others. eral, it makes no sense to deny our recognized for as much time as he may We have a great opportunity, as we farmers and workers important mar- consume. go forward with the WTO meetings in kets when those sales are made by our Mr. THOMAS. I thank the Chair. Seattle soon, to take to that meeting allies. I need not remind any of you Mr. President, I thank the chairman the kinds of things that are important that we are still experiencing the after- of the Appropriations Committee for to us. I happen to be involved as chair- math of the Soviet grain embargo of the work that has been done on both man of the subcommittee on Asia and the early 1980’s when the United States sides. I know this is a very difficult the Pacific rim. So I have been in- earned a reputation as an unreliable issue, one about which Members have volved with some of the countries with supplier. very different ideas concerning resolu- which we deal to a great extent. Another example of how we have tion. I do appreciate the work that has Japan has a 40-percent tariff on harmed our farmers is the Cuban em- been done. American beef. This is not a realistic bargo. I have for several years sup- Certainly, one of the things that has thing to do. If we are going to have ported Senator DODD’s Cuba food and occurred and has an impact on what we trade organizations and trade treaties medicine bill, similar to this proposal. are talking about today has been the that are designed to level the playing For 40 years this policy was aimed at difficult times we are having in agri- field and be fair, those kinds of things removing Fidel Castro—yet he is still culture. In my State of Wyoming, we should not happen. We have some op- there. This is a huge market for mid- have basically three areas of economic portunities in China, as a matter of

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12458 CONGRESSIONAL RECORD — SENATE October 13, 1999 fact, where they moved this summer to Is there, indeed, a competitive, fair The PRESIDING OFFICER (Mr. suggest they would take more wheat marketplace? We have the Packers and HUTCHINSON). The Senator from Min- and also more beef. So we have some Stockyard Act which is designed to do nesota is recognized. great opportunities to do that. We just that. Over the years, we have appealed Mr. WELLSTONE. Mr. President, let this week had some hearings with re- to the Justice Department a number of me, first of all, repeat what I said on spect to the NAFTA treaty with Can- times to look at whether there was, in- the floor yesterday, which is that I am ada. In this instance, we had some deed, a monopoly factor. They have going to support this emergency pack- hearings before the International said that, under the law, there is not. age, both the financial emergency Trade Commission to seek enforcement Not everybody agrees with that. Never- package and the disaster relief emer- of those trade agreements. theless, that has been the result. gency package. So what I am saying, of course, is We are going to, I think sometime I am going to do so because, may I that these are the kinds of things, over this week, introduce a proposition that say for the Record, Tracy Beckman the long term, that we have to do to would have to do with packers’ owner- tells me this will mean $620 million in cause American agriculture to produce ship of livestock and see if we can do AMTA payments to Minnesota, and for the market and to be able to something about reducing the poten- this will be important for some 60,000- produce from that market a reasonable tial for monopolies so the market plus producers. I hasten to add that price. We can do that. prices are there. In this bill, I think most of this money to farmers will end Unilateral sanctions. We have had a there is a market-price-revealing re- up being used to pay back bankers. great deal of talk and discussion about quirement that is very important. I also am going to support this be- unilateral sanctions. I think most peo- Financial solvency, of course, for ag- cause I want to get some assistance out ple would agree that unilateral sanc- riculture is always difficult. there. I don’t think we are going to tions are not an effective tool for for- Crop insurance. The Senator who is have enough with this $8.7 billion pack- eign policy. Basically, what we do is presiding at this time continues to do a age. I don’t think there is enough for bar our own producers from selling in great deal with crop insurance, and we disaster relief. those particular places and gain no ad- need to do that—at least from the Clearly, our farmers in the Northeast vantage from it. If there have to be weather emergency standpoint. That is are saying we don’t figure in. And in sanctions, they certainly ought not to the kind of thing that needs to be in northwest Minnesota where we have be unilateral. They should be through place to protect the investment of had so much wet weather and some some kind of a trade organization. farmers. In the form of tax relief, we farmers haven’t been able to get a crop So that, coupled with enforcement, I have tried to do some things to extend in or much of a crop in, I fear there believe, of trade agreements is some- income averaging. As you can under- won’t be enough assistance. thing that agricultural people are very stand, because some years are good and But I think that when we are at least anxious about. Obviously, foreign trade some are not, there needs to be the talking about something we can pass. is not the only remedy, but it is one of ability to income average. We need to get this to the President the major ones. It was unfortunate There is interest in estate taxes. and have President sign it in order to that at the time we were moving into Most agricultural people have their es- get some of this financial assistance the marketplace in agriculture, we had tate in property, and they make very out to our communities within the the currency crisis in Asia, a place little profit often, but it accumulates next couple of weeks. For this reason, where we have a potential for great toward their estate under the cir- I am going to support it. I also want to markets. Of course, now, hopefully, the cumstances, and after they get beyond say that I hope to have to never vote Asian market is strengthening and we the exemption of 55 percent, that es- for such a package again. will find we will be able to move back tate has to be paid in taxes. That is ex- I believe these disaster relief bills are there again. tremely difficult for agriculture. So we becoming a disaster. I think they are a As I mentioned, foreign trade is not are going to be doing some things complicated way of acknowledging the the only remedy and not the only issue there. fact that we have a failed agricultural on which we ought to be working. I Regulatory relief is particularly im- policy. Who would ever have dreamed think we have to have some other inno- portant in States such as ours, where that we would have spent over $19 bil- vative avenues to spur market com- 50 percent of the land belongs to the lion now to keep farmers going post- petition. I think one of them that, Federal Government, where much of Freedom to Farm bill. This doesn’t again, was talked about at our seminar agricultural activity, particularly live- make a lot of sense. in Wyoming was producer-owned co- stock, is carried on, on public lands. The producers in my State, the farm- operatives that move on through to the The restrictions sometimes are very ers in my State, much less the rural retail marketing of these products. difficult. communities, the small businesses that I think it is pretty clear, particularly So I am pleased we are going forward are affected by this, the implement in the case of beef—or at least it is with this bill. As is the case with dealers, and those who sell tools all very appropriate there—where you had many, it probably isn’t the way I would say: What we want is a decent price. a major reduction in the price received do it if I were in charge. But I am not I want to make it real clear that I by producers but no reduction in the in charge, nor is anyone else. So when wish—though I appreciate the work, I retail market, no reduction in the gro- you put it all together, it is difficult. I don’t think there is any Senator on the cery store when you went there—so think the committee has done the best floor who has any unkind words to say there is some sort of a problem in be- they could and has done a good job, but about Senator COCHRAN, publicly or tween. We think producer-owned co- we need to focus on the long-term pros- privately, because I think he is held in operatives may be a way to do the perity in agriculture, the family farm. such high regard—I wish we were doing processing and to ensure that, indeed, We need to focus on continuing to keep this through a somewhat different producers are given their fair share of U.S. producers competitive in the mechanism because I fear that too the final product. Another is niche world market and, finally, opening much of the support will be in reverse marketing. A great number of things those markets throughout the world relation to need. I think we will have are taking place on the Internet, where for our agricultural products on a fair yet another supplementary emergency people are marketing products in spe- basis, so we are not kept out of those package to deal with, especially dis- cialties areas. markets by nontariff barriers, and, in aster relief because there is not enough I think we need to look at the con- addition, of course, to develop domesti- in here. centration of packers, where there are cally the things we do. In any case, we ought to deal with only two or three packers that handle So, again, I say to the chairman, the the root of the problem. The family 80 to 85 percent of the livestock. I Senator from Mississippi, good job. He farmers in my State of Minnesota and think there are some similarities in has worked very hard in doing this, and in the rural communities that have the grain industry, where very few buy- we are pleased that this bill will be been so affected by this economic con- ers are available to go into the market- sent to the White House. vulsion in agriculture—it is a depres- place. So you have to ask the question, Mr. President, I yield the floor. sion in agriculture—I want to see a

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12459 new policy. The Freedom to Farm bill Darrel Mosel is a Gaylord farmer. told my colleagues about farmers I vis- has become the ‘‘freedom to fail’’ bill. Farming for 18 years. When he started ited in Minnesota, Iowa, Missouri, I do not hear very many Senators talk- farming in Sibley County, which is one of South Dakota, and Texas. Today, I ing any longer about staying the Minnesota’s largest agricultural counties, want to talk about why there is this course. We have to change the course there were 4 implement dealers in Gaylord, convulsion, why every month more and the county seat. Today, there are none. more family farms are put on the auc- of agricultural policy. There’s not even an implement dealer in all I make a plea on floor of the Senate of Sibley County. The same thing has hap- tion block; why every month more and that before we finish, before we ad- pened to feed stores and grain elevators. more family farmers are forced to give journ, before we leave Washington, be- Since the farm policies of the 1980s and the up their way of life; why they lose fore we go back to our States, we pass resulting reduction in prices, farmers don’t their work; why they are losing their legislation to change farm policy; that buy new equipment they either use baling hope; and why they are sometimes los- we pass some legislation to deal with wire to hold things together or quit. ‘‘The ing their communities. the price crisis; that we pass legisla- farm houses have people in them but they We ought to act now. I have said to don’t farm. There’s something wrong with the majority leader three or four times tion to give our farmers and our pro- that.’’ ducers some leverage in the market- that I want an opportunity to bring to That is a direct quote from Darrel. the floor of the Senate some legislation place so they can make a decent price John Doe—this is a farmer who wants and so they can support their families. that will alleviate the suffering. I want to remain anonymous: to talk about this today. I want the op- The plea or the cry in rural America This family has gone through a divorce and from family farmers is nothing more portunity to have an up-or-down vote the father and three children are operating on a moratorium on any further merg- than to say for all you people who be- the farm. The father has taken an off farm ers or acquisition of any huge agri- lieve there should be a family wage, or job to make payments to the bank and has a living wage, and a parent or parents his 12 year old son and 14 year old daughter business. We have a frightening con- ought to be able to make enough of a are operating the farming operation, unas- centration of market power. These big wage to support their families, well, sisted while he is away at work. The neigh- conglomerates have muscled their way bors have threatened to turn him in to to the dinner table and are driving out those of us who produce the food and human services for child abandonment and family farmers. At the very minimum, the fiber for families in this country so he had to have his 18 year old daughter we can put into effect the moratorium ask for the same thing. quit work and stay at home to watch the two and have a study so over the next 18 That is what this is all about. younger children. months we can come up with legisla- I want to translate this crisis in per- The 12 year old boy is working heavy farm tion while this moratorium is in place sonal terms. equipment, mostly alone. He is driving these that will put some competition and Lynn Jostock is a Waseca, MN, dairy big machines and can hardly reach the clutch on the tractor. It’s this or lose the free enterprise back into the food in- farmer. He tells his story: farm. dustry, giving our family farmers, our I have four children. My 11-year-old son Al I could go on and on, but I will not. producers, a fighting chance. helps my husband and I by doing chores. But I want to repeat what I have said, Several weeks ago I spoke on the it often is too much to expect of someone so floor at some length about the crisis young. For instance, one day our son came which is that I am going to support home from school. His father asked Al for this emergency assistance package. that is ravaging rural America today. I some help driving the tractor to another But all it does, at best, is enable farm- told my colleagues about some of the farm about 3 miles away. Al was going to ers to live to farm another day. The farmers I’ve visited with in Minnesota, come home right afterward. But he wound up truth of the matter is it isn’t going to in Iowa, in Texas, and around the coun- helping his father cut hay. Then he helped help the farmers who it needs to help try who are on the brink of financial rake hay. Then he helped bale hay. My son the most. disaster because of record low farm did not return home until 9:30 p.m. He had In addition, I am going to support it prices. not yet eaten supper. He had not yet done his because at least it gets some assistance Farmers from all around the country schoolwork. We don’t have other help. The to some families. It doesn’t do any- were in Washington, DC, that week be- price we get at the farm gate isn’t enough to allow us to hire any farmhands or to help our thing for the small businesses. Most cause they know that the future of the community by providing more jobs. And it important of all, farmers simply will family farm is at stake. Every month, isn’t fair to ask your 11-year-old son to work not have any future. more and more family farms are put on so hard to keep the family going. When will Ken and Lois Schaefer from the auction block. Every month, more he burn out? How will he ever want to farm? Greenwald, MN, will not receive much and more family farmers are being Gary Wilson, an Odin farmer, says: assistance. Ken and Lois are one of the forced to give up their life’s work, their Received the church newsletter in the few small, independent hog operations homes, and their communities. We mail. What’s normally to the entire con- still remaining, with roughly 400 hogs. must act now. gregation had been addressed to only farm- They raise feeder hogs and sows. Lois In Minnesota, about 6,500 farmers are ers. The newsletter said farmers should quit has an off-farm job to make ends meet. expected to go out of business this farming if it was not profitable. If larger, Ken is considering an additional job. year. That’s about eight percent of all corporate-style farms were the way to turn a This is common. People who farm have farmers in my state. In northwest Min- profit, the independent farmers should let go jobs off the farm; it is unbelievable nesota, which has been hit especially and find something else to do. ‘‘What he stress on the family. There is no choice hard by this crisis, about 11 percent are doesn’t understand is that the farmers are if they are to survive. expected to go under. An August 1999 his congregation. If we go, he won’t have a A recent hog operation opened near survey of Minnesota County Emer- church.’’ the Schaefer farm and is seeking em- gency Boards reported that more Min- Oh, how right Gary Wilson is. ployees. Ken’s neighbor started work- nesota farmers are quitting or retiring The point is, if we continue with this ing part time for the hog factory. Ken with fewer farmers taking their place; failed policy, we are going to lose a and Lois will not receive much assist- more Minnesota farm families are hav- generation of producers. We are going ance; there is not near enough live- ing to rely on non-farm income to stay to see this convulsion in agriculture stock assistance. However, Ken and afloat; and the number of Minnesota play out to the point where we have a Lois do not necessarily want assist- farmers leaving the land will continue few large conglomerates that control ance. What they want is a decent price to increase unless and until farm prices all phases of the food industry. Believe for their hogs. improve. We must act now. me, if you have just a few landowners They ask the question: How can it be Today I want to take a step back and versus a lot of family farmers who live that we as hog producers are facing ex- look at the larger picture. I want to ex- and buy in the community and invest tinction and these packers are in hog amine what is going on in American in the community, there won’t be the heaven? How can it be that we as hog agriculture and why; what it means for support for the church. There won’t be producers are facing extinction and the farmers and for us as a society; and, the support for the synagogue. There IBPs and the Cargills and the ConAgras most importantly, what we can do won’t be the support for the small busi- are making record profits? about it. ness. There won’t be the support for Several weeks ago, I spoke about the I want to talk about record low farm the school system. crisis that is ravaging rural America. I prices. I want to talk about record high

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12460 CONGRESSIONAL RECORD — SENATE October 13, 1999 levels of market concentration and the Congress passed the Packers and try. Pork packers are buying up what’s absence of effective competition in al- Stockyards Act in 1921. called captive supply—hogs that they most every major commodity market. But now, with this explosion of merg- own or have contracted for under mar- I want to talk about the failure of our ers, acquisitions, joint ventures, mar- keting agreements. If these trends con- antitrust enforcement authorities to keting agreements, and anti-competi- tinue, grain and soybean production do much of anything about this. tive behavior by the largest firms, may soon be vertically integrated just I want to talk about the need for these and other commodity markets like poultry. Congress to take immediate action to are becoming more and more con- The problem with this kind of restore competitive markets in agri- centrated by the day. vertical concentration is that it de- culture and give farmers more equal Recently the Justice Department ap- stroys competitive markets. Potential bargaining power against corporate ag- proved a modified merger between competitors often never know the sale ribusiness. And I also want to make Cargill and Continental. Just a few price for goods at any point in the the case for a moratorium on large ag- weeks ago Smithfield Foods, a major process. That’s because there never is a ribusiness mergers and acquisitions, ef- meat processor, announced the acquisi- sale price until the consumer makes fective immediately, which I have re- tion of Murphy Family Farms, a giant the final purchase, since nothing is cently proposed along with Senator hog producer. DuPont is buying Pio- being sold outside the integrated firm. DORGAN. neer Hi-Bred International. ADM is It’s hard to have effective competition In my travels around Minnesota and buying more and more of IBP. Among if prices are not publicly available. around the country, I’ve found that seed companies and input suppliers, Today there is essentially no price dis- many people are not even aware of the there has been more than $15 billion covery, and therefore no effective com- crisis afflicting rural America today. worth of combinations in the last three petition, for chicken feed, day old Even fewer have any idea to what ex- years. chicks, live chicken broilers, turkeys tent market concentration and anti- In my hands I have a monthly listing and eggs. If vertical integration of pork competitive practices have substan- of new mergers, acquisitions, and other and dairy continues at the current tially eliminated competition in agri- agribusiness deals through March 1999. pace, we can expect much the same in culture. So let me just start by ticking Let me just read a sample of some of those industries. off a few statistics that some of my the headlines to give you a sense of Vertical concentration stacks the colleagues may find surprising. how rapidly this concentration is tak- deck against farmers, as we can see In the past decade and a half, an ex- ing place. March 1999: Dupont to buy clearly in the case of the rapidly con- plosion of mergers, acquisitions, and Pioneer. Farmland-Cenex to discuss solidating hog industry. An April 1999 anti-competitive practices has raised combining grain operations. Smithfield report by the Minnesota Land Steward- concentration in American agriculture to acquire Carroll’s. ship Project found that: to record levels. February 1999: Three California Packers’ practice of acquiring captive sup- The top four pork packers have in- dairies preparing for merger. December plies through contracts and direct ownership creased their market share from 36 per- 1998: Monsanto completes Dekalb pur- is reducing the number of opportunities for cent to 57 percent. chase. Smithfield gains control of small- and medium-sized farmers to sell The top four beef packers have ex- Schneider. Cargill buys Bunge’s Ven- their hogs; panded their market share from 32 per- ezuelan units. November 1998: Cargill With fewer buyers and more captive sup- buys out rival grain operation; deal ply, there is less competition for independent cent to 80 percent. farmers’ hogs and insufficient market infor- The top four flour millers have in- boosts firm’s hold on market. Dow mation regarding price; and creased their market share from 40 per- Chemical completes purchase of Lower prices result. cent to 62 percent. Mycogen. IBP buys appetizer business Even the USDA’s Western Corn Belt The market share of the top four soy- in expansion move. And so on. hog procurement study showed price bean crushers has jumped from 54 per- The effect of this surge of concentra- discrimination against smaller farm- cent to 80 percent. tion is that agribusiness conglomerates ers. Smaller farmers were paid lower The top four turkey processors now have increased their bargaining power base prices, lower premiums, and they control 42 percent of production. over farmers. When farmers have fewer were given little or no access to long- 49 percent of all chicken broilers are buyers to choose from, they have less term marketing contracts. now slaughtered by the four largest leverage to get a good price. Anybody The combined effect of these two dif- firms. who has been to an auction knows that ferent kinds of concentration is to put The top four firms control 67 percent you get a better price with more bid- enormous market power in the hands of ethanol production. ders. Moreover, when farmers have of a handful of global agribusiness gi- The top four sheep, poultry, wet fewer buyers to choose from, agri- ants. Not only do these conglomerates corn, and dry corn processors now con- businesses can more easily dictate con- dominate processing for all the major trol 73 percent, 55 percent, 74 percent, ditions that farmers have to meet. And commodities, but the same firms ap- and 57 percent of the market, respec- fewer buyers means farmers often have pear among the top four or five proc- tively. to haul their production longer dis- essors for several different commod- The four largest grain buyers control tances, driving up their transportation ities. ConAgra, for example, is among nearly 40 percent of elevator facilities. costs. the Top Four for beef, pork, turkeys, By conventional measures, none of In addition to this horizontal con- sheep, and seafood, and it’s number five these markets is really competitive. centration among firms in the same for chicken broilers. To make matters According to the economic literature, line of business, we are also seeing an- worse, many of these firms are markets are no longer competitive if other kind of concentration. It’s called vertically integrated. Cargill, for ex- the top four firms control over 40 per- vertical integration. Vertical integra- ample, is among the Top Four firms cent. In all the markets I just listed, tion is when one firm expands its con- trading grain, producing animal feed, the market share of the top four firms trol over the various stages of food pro- feeding hogs and beef, and processing is 40 percent or more. So there really is duction, from development of the ani- hogs and beef. no effective competition in the proc- mal or plant gene, to production of fer- Farmers clearly see the connection essing markets for pork, beef, chicken, tilizer and chemical inputs, to actual between this concentration and lower turkeys, ethanol, flour, soybean, wet production, to processing, to mar- farm prices. Leland Swensen, president corn, dry corn and grain. keting and distribution, to the super- of the National Farmers Union, re- This development is not entirely market shelf. cently testified that new. In some sectors of agriculture, The poultry industry is already there was already considerable hori- vertically integrated, by and large. 95 The increasing level of market concentra- tion, with the resulting lack of competition zontal concentration at the turn of the percent of all chicken broilers are pro- in the marketplace, is one of the top con- century. Pork and beef slaughtering duced under production contracts with cerns of farmers and ranchers. At most farm and processing were dominated by Wil- fewer than 40 firms. Now the same and ranch meetings, market concentration son, Armour and Swift. That’s why process is occurring in the pork indus- ranks as either the first or second in priority

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12461 of issues of concern. Farmers and ranchers As Jim Braun, a third-generation agriculture. As the Committee for Eco- believe that lack of competition is a key fac- Iowa farmer, wrote recently, ‘‘Unfortu- nomic Development report makes tor in the low commodity prices they are re- nately, increased exports do not nec- clear, this concentration is harmful to ceiving. essarily mean more money for farmers. the economic development of rural Well, no wonder. How else can you IBP has doubled exports since 1990 and communities. It’s been estimated that explain the record profits that the quadrupled profits in 1998, while it de- when a farm goes under, three to five large agribusiness conglomerates are stroyed family farmers by paying jobs are destroyed. For every six farm racking up, at the same time low prices below Depression-era prices for hogs. If failures, one rural business shuts down. are causing a depression for family Cargill, ConAgra, or ADM, the three The reason is pretty simple. When farmers? IBP’s earnings in 1998, for ex- major grain processors and exporters, production is controlled by more non- ample, were up 62 percent. In the sec- could sell corn overseas for $20 per local corporations, profits don’t get re- ond quarter of this year, they were up bushel, they could still pay American invested in the community. When fam- a whopping 126 percent. Packing farmers below the cost of production ily businesses operate local farms, ele- plants, food processors and retailers simply because they have the power to vators, and grocery stores, they plough are all reporting record profits. profits right back into other local busi- While corporate agribusiness grows do so.’’ What we do know for sure is that low nesses. Those revenues circulate lo- fat, farmers are facing lean times. The farm prices are driving thousands of cally three or four times, creating commodity price index is the lowest farmers into bankruptcy, and con- what’s called a multiplier effect. But since 1987. Hog prices are at their low- centration is helping to depress prices. there’s no multiplier effect when non- est since 1972. Cotton and soybean That’s reason enough why we should local corporations drain profits out of prices are the lowest they’ve been since take immediate action to address the the community. Rural communities be- the early 1970s. Feed grain prices are come little more than a source of cheap the lowest they’ve been since the mid- problem of concentration. But there 1980s. Food grain prices are at the low- are plenty of other reasons why we labor inputs for agribusiness multi- est levels since the early 1990s. Agricul- should be concerned about concentra- nationals—to be purchased as cheaply tural income in the mid-Western states tion in agriculture. as possible in competition with low- First of all, concentration is bad for is predicted to fall between 15 and 60 wage labor overseas. the environment. When large-scale cor- Obviously, this kind of concentration percent this year. Current prices are so low that many porate feedlots replace family-size is not good for the social and economic family farmers are lucky to stay in farms, they create large amounts of health of rural communities. According business. Market prices are lower than waste in a relatively small space. That to the Nebraska Center for Rural Af- their cost of production. The value of puts enormous strain on the local ecol- fairs, virtually all researchers have field crops is expected to be more than ogy. The lower prices resulting from found that social conditions deterio- 24 percent lower in 1999 than it was in unequal bargaining power also put rate in rural communities when farm 1996—42 percent lower for wheat, 39 per- pressure on farmers to abandon careful size and absentee ownership increase. cent lower for corn, and 26 percent soil and water conservation practices. Studies have shown that communities lower for soybeans. But farmers’ ex- There’s another reason why we surrounded by large corporate farms penses aren’t falling by the same should be concerned about concentra- suffer from greater income polariza- amount. In fact, they’re not falling at tion in agriculture. The price effects of tion—with a few wealthy elites, a ma- all. Farmers can’t cash flow if their unequal bargaining power are tremen- jority of poor laborers, and virtually no selling prices are falling through the dously destructive of community and middle class. The tax base shrinks and floor while their buying prices are family values. This connection was the quantity and quality of their public shooting through the roof. made explicit in an infamous 1962 re- services, public education, and local It all comes down to market power. port by the Committee for Economic government declines. Corporate agribusinesses are using Development, whose members included John Crabtree of the Center for Rural their market power to lower prices, some of the biggest food companies. Affairs sums it up this way: ‘‘Replacing without passing those price savings on Amazingly, the Committee had this mid-size farms with big farms reduces to consumers. The gap between what to say about community and family middle-class entrepreneurial opportu- consumers pay for food and what farm- values. They recommended investment nities in farm communities, at best re- ers get paid is growing wider. Accord- ‘‘in projects that break up village life placing them with wage labor.... A ing to the USDA, the so-called farm-to- by drawing people to centers of em- system of economically viable, owner- retail price spread—the difference be- ployment away from the village . . . operated family farms contributed tween the farm value and the retail because village life is a major source of more to communities than systems price of food—rose 4.7 percent in 1997. opposition to change.’’ They went on to characterized by inequality and large From 1984 to 1998, prices paid to farm- say, ‘‘Where there are religious obsta- numbers of farm laborers with below- ers fell 36 percent, while consumer food cles to modern economic progress, the average incomes and little ownership prices actually increased by 3 percent. religion may have to be taken less seri- or control of productive assets.’’ He In other words, the farmer’s share of ously or its character changed.’’ concludes that ‘‘Societies in which in- farm profit is falling. The farmer share So the largest agribusinesses were come, wealth, and power are more equi- of every retail dollar has fallen from 50 afraid that ‘‘village life’’ and religion tably distributed are generally percent in 1952 to 25 percent today. By would stand in the way of modern eco- healthier than those in which they are the same token, the profit share of nomic progress. But what exactly did highly concentrated.’’ farm input, marketing, and processing they mean by the term ‘‘modern eco- I think this last point is true not companies is rising. The agribusiness nomic progress″? It turns out they only of rural communities, but of our conglomerates claim that this is be- meant the bankruptcy and forced emi- country as a whole. ‘‘Societies in which cause they’re putting more ‘‘added gration of two million farmers. That’s income, wealth, and power are more eq- value’’ into food products. Actually, it what their report recommended. These uitably distributed are generally looks like they’re taking additional agribusiness giants were advocating healthier than those in which they are value out. lower price supports for farmers in highly concentrated.’’ In other words, Some people have blamed low farm order to lower farm prices. And the pri- we all do better when we all do better. prices on other factors, such as declin- mary benefits of lowering farm prices, When we have a thriving middle class, ing exports. That’s a big debate that they argued, would be to lower input including a thriving family farm sec- will have to wait for another day. But prices for the food companies, to in- tor, our economy performs better. Our let me just say this. We can hardly ex- crease foreign trade, and to depress democracy functions better. pect export growth to translate into wage levels by putting two million The idea that concentrations of higher prices for American farmers if farmers out of business and dumping wealth, of economic power, and of po- the multinational agribusinesses still them into the urban labor pool. litical power are unhealthy for our de- have enough bargaining power to keep There’s a third reason why we should mocracy is a theme that runs through- farm prices down. be concerned about concentration in out American history, from Thomas

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12462 CONGRESSIONAL RECORD — SENATE October 13, 1999 Jefferson to Andrew Jackson to the economic interests of burgeoning bank, The issue here is not just competi- Progressive Era to the New Deal. But railroad, and grain monopolies. Today, tion for the patented goods, but bar- this idea was perhaps most forcefully the welfare and future of our family riers to competition for the entire agri- expressed by the People’s Party of the farmers and rural communities is being business industry. If one of these con- late 1800s, sometimes called the Popu- sacrificed to the economic interests of glomerates engages in high-handed be- lists. near-monopoly global agribusiness. havior, new businesses could normally The People’s Party embodied popular While the Sherman Act was written be expected to enter the market and disgust with rampant monopolization by a Republican senator and signed steal its market share. But smaller and concentration of economic and po- into law by a Republican president, in competitors can’t enter the market if litical power. The Populist platform 1896 William McKinley and the Repub- the barriers to entry are too high. And from the 1892 nominating convention in licans openly sided with the titans of intellectual property rights are a Omaha declared, ‘‘The fruits of the toil industry and decided to write off rural mighty high barrier. of millions are boldly stolen to build up America. They felt that the ‘‘social re- In fact, one of the motors driving colossal fortunes for a few, unprece- formers, agrarian rebels, church lead- consolidation of agribusiness today is dented in the history of mankind.’’ ers, and others who challenged the au- biotechnology. Soon biotech companies People’s Party founder Tom Watson thority of the industrial giants’’ were will be able to control the entire food thundered, ‘‘The People’s Party is the being hopelessly sentimental, as E.J. production chain with their genetics. protest of the plundered against the Dionne puts it. The McKinley Repub- Already Monsanto, DuPont, and plunderers.’’ licans presumed that monopoly inter- Novartis are gobbling up smaller In the Gilded Age of the late 1800s ests were on the right side of history, biotech companies’ market share, pat- and the Progressive Era of the early of economic progress, and of civiliza- ent rights, and customer base. And 1900s, the danger of concentrated eco- tion. biotech patent monopolies on plant and nomic power was widely recognized and Interestingly enough, Populist de- animal genomes will be a nearly insur- mands were initially rebuffed with hotly debated. The Populists argued mountable barrier to market entry in many of the same arguments that have that a free and democratic society can- the future. not prosper with such concentration of become conventional wisdom today. Professor Bill Heffernan, who was power and inequalities of wealth. As The Populists were told that monopoly commissioned by the National Farmers the great Supreme Court Justice Louis power was the legitimate outcome of Union to study these trends, projects Brandeis said, ‘‘We can have democracy free markets, that concentration was that the entire agricultural sector will in this country, or we can have wealth the inevitable result of technological soon consolidate into a small number progress, that concentration rep- in the hands of a few. We can’t have of ‘‘food chain clusters,’’ revolving resented economic efficiency, and that both.’’ around intellectual property firms. The The Populists were reacting to a con- there were no viable alternatives. These arguments are no truer today number of these clusters will be lim- centration of wealth, economic power, than they were at the turn of the cen- ited by the small number of firms with and political power that was remark- tury. The current trend towards con- intellectual property protection and by ably similar to what we’ve experienced centration in agriculture is not the extremely high barriers to market in the late 1900s. Today, despite wage product of the ‘‘free market,’’ nor of entry. gains for low-income workers over the A handful of vertically integrated Adam Smith’s invisible hand. For past couple years, inequality in Amer- food chain clusters are already poised starters, with no effective competition ica has reached record levels. in the major commodity markets, to control food production from the According to reports by the Center these can hardly be held up as models gene to the supermarket shelf. Pro- on Budget and Policy Priorities and of free market competition. What they fessor Heffernan identifies three exist- the Economic Policy Institute, the gap really stand for is market failure. ing food cluster chains: Cargill-Mon- between rich and poor is greater today In any event, these near-monopolies santo, ConAgra, and Novartis-ADM. He than at any time since the Great were not created by the free market at predicts that another two or three will Depression. CBO data shows that after- all. They were created by government, eventually develop. Smaller seed firms, tax income is more heavily con- just like the railroad monopolies of the independent producers and other inde- centrated among the richest one per- 19th century. Instead of Adam Smith’s pendent businesses will face a di- cent of the population than it has been invisible hand, we are seeing the hand lemma. Either they join one of alli- since 1977. CBO projects that in 1999 the of multinational food conglomerates, ances to obtain inputs and sell their richest 1 percent of Americans (2.7 mil- in the words of Iowa farmer Jim Braun, production, or they go out of business. lion people) will receive as much after- ‘‘acting inside the glove of govern- The emergence of these titanic food tax income as the poorest 38 percent ment.’’ conglomerates is not the inevitable (100 million people) put together. The role of government in creating outcome of technological progress, but At the same time, we are witnessing and fostering these monopolies is prob- of conscious policy choices. Our gov- the biggest wave of mergers and eco- ably most obvious in the context of in- ernment-funded research programs, for nomic concentration since the late tellectual property rights, such as pat- example, have chosen to fund expensive 1800s. Not only in agriculture, but in ents and copyrights. These are monop- technologies that generate greater media and communications, banking, olies by definition. The whole point of sales for the largest agribusinesses and health care, airlines, energy, hi-tech, intellectual property protection is to diminish the role of farmers in the pro- defense, you name it. There were 4,728 prevent competition. Without that pat- duction of food. reportable mergers in 1998, compared to ent protection, there would be a lot Government support for private-sec- 3,087 in 1993; 1,529 in 1991; and a mere more companies selling seed and other tor monopoly over the ‘‘terminator 804 in 1980. And as Joel Klein, head of inputs to the farmer, there would be a gene’’ is a good example of the bias in- Justice Department’s Antitrust Divi- lot more competition, and the farmer herent in these choices. The termi- sion, has pointed out, the value of last would pay much lower prices. And be- nator gene is a gene that can be in- year’s mergers equaled the combined cause of that protection, intellectual serted in plants to make their seeds value of all mergers from 1990 through property rights generate outsized prof- sterile. It forces farmers to buy new 1996 put together. its and market power. seeds every year instead of reusing Former Speaker Newt Gingrich, the My point is not that these patent their own. political scientist E. J. Dionne, and the protections are a good thing or a bad This is not a neutral technology. It philosopher Michael Sandel, among thing. The answer will probably depend raises the income of the seed suppliers others, have all drawn parallels be- on a lot of different factors in each par- and intellectual property holders by tween the conditions of today and the ticular case. My point is that they are forcing farmers to pay more for seed. heyday of monopoly power in the 19th not an example of the free market at As Lee Swenson of the National Farm- Century. In the Gilded Age, the welfare work. On the contrary, these are mo- ers Union recently has testified, ‘‘Bio- of farmers, rural communities, and nopolies formally granted by the technology and the terminator gene small businesses was sacrificed for the government. have put the farmer at the mercy of

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12463 the food cluster for seed to plant crop. forced to sign production contracts staff at Justice and the FTC, that is a If the firms in the processing stage of with input suppliers to obtain new policy choice. And when we encourage the cluster require specific genetic ma- technologies they need to stay global concentration through our trade terial and the farmer cannot get that competitive. policies while allowing corporate agri- seed, the farmer has no market ac- Another critical factor determining business to destroy competitive mar- cess.’’ Yet this technology was devel- who survives in these non-competitive kets here at home, that too is a policy oped with support from none other markets is deep pockets and market choice. than the USDA. share. Conglomerates with multiple Now the policy choices before us are While choosing to invest in tech- holdings can cross-subsidize one of clear. We can take legislative action nologies such as the terminator gene, their operations with profits from an- that will help preserve family-based the government has generally failed to other operation, making it harder for agriculture. Or we can continue on our invest in technology that would benefit smaller, less diversified firms to com- present course, which is leading unmis- the family farmer. Research dollars pete. They can also drive local non-di- takably in the direction of contract have not been directed towards tech- versified firms out of business by ex- farming, rural depopulation, and global nologies that would reduce farmers’ cess production or processing of a com- oligopoly. costs for capital or inputs, for example, modity, driving price down below the In August, the Omaha World Herald or help them produce higher value cost of production. carried a story about one economist’s products. Dr. Neil Harl of Iowa State These cross-subsidies are increas- projections for the future of American University also calls for more govern- ingly taking place on a global scale. A agriculture. ‘‘Farmers who stubbornly ment support of cutting edge seed vari- firm like Cargill, which has operations insist on being their own boss will end eties that should be made available to in 70 countries, can absorb losses in one up in the economic scrap heap,’’ he smaller seed companies, helping them country so long as it can cross-sub- said. This economist described a trend compete against the emerging food sidize with revenues from another toward ‘‘polarization of farms by size, clusters. country. Because they control supplies with the number of large farms grow- Instead, Congress has chosen to cut in more than one country, these multi- ing at a rapid pace’’; ‘‘separation of funding for publicly available research nationals can also drive prices down to land ownership from land production, in biotechnology. One seed company the detriment of farmers in both coun- with more and more people owning CEO, when asked what farmers could tries. land as an investment and leasing do to resist the growing vertical inte- Even if concentration did produce property for production’’; and contract gration of agriculture, said, ‘‘Abso- economic efficiencies, such efficiencies farming, which will change the role of lutely nothing, because these are prop- wouldn’t concern us if they weren’t farmers from that of an independent erty rights owned by the companies, so passed on to the consumer. But we’ve producer to skilled tradesman.’’ the farmer is going to become more already seen that the agribusinesses’ Can any Senator honestly tell me and more at the mercy of the few who price windfalls are not being passed on this is the vision he or she supports? own intellectual properties. Again, it to the consumer. That’s because they Do we really want a world of contract goes back to the shortsightedness of are able to exploit their economic farming, in which farm laborers are funding basic research in such a par- power to increase profit share at the stuck with one-sided contracts and in- simonious fashion. Without govern- expense of farmers. adequate price information and strug- ment funding, companies are going to So it’s simply not true that there are gle to get out from under mountains of fund research and control it.’’ no viable alternatives to continued debt? Do we really want a world in Economic concentration is not dic- economic concentration. Concentra- which our rural areas become depopu- tated by economic efficiencies any tion is not dictated by free markets, by lated because family farmers have to more than it is by free markets and technological progress, or by economic leave the land? Do we really want a technological progress. In the late efficiency. It’s occurring because of world in which vertical integration and 1800s, John D. Rockefeller made the government-created monopolies, biased contract farming shift ever more bar- classic argument for the economic effi- choices in technology policy, special gaining power to agribusinesses? ciencies of monopoly power. He relationships, and cross-subsidies. And Do we really want a world in which claimed that Standard Oil’s monopoly it’s occurring because our choices in management decisions are made by a was good for the public because it cre- farm and trade and antitrust policies. small group of corporate executives, ated efficiencies that could be passed In the end, concentration is driven by removed from the land thanks to new along to the consumer in the form of policy choices that could be made dif- precision farming technologies? Do we lower oil prices. That argument wasn’t ferently. really want a world in which titanic compelling then, and it’s not compel- Consider all the policy choices that food chains face little pressure to pass ling today. have brought American agriculture to on price savings to the consumer? First of all, efficiency is not what’s where it is today. When we paved the Do we have any say in this matter? I driving the trend towards concentra- way for family farming with the Home- think we do. We don’t have to accept tion in agriculture. Research by Iowa stead Act and the defeat of slavery, this vision of the future if we don’t State University economist Mike Duffy that was a policy choice. When we en- want to. We can propose a different shows no further economies of scale be- acted parity legislation in the 1940s, one, and we can fight for it. These are yond 600 acres of row crops and about leading to an increase in the number of all policy choices. 150 sows. But the most rapidly growing farmers, expansion of soil and water These choices are made more dif- farming operations in Iowa are much conservation practices, and a decline in ficult by the immense power of cor- larger than that, so economies of scale farm debt, that also was a policy porate agribusiness—not only eco- cannot be driving their expansion. choice. nomic power, but political power as One Iowa farmer writes, ‘‘Today effi- When we cut loan rates in the 1950s well. As Lee Swenson of the NFU re- ciency and cost of production have and 1960s to lower farm prices, that was cently testified, nothing to do with determining which a policy choice. When we interlinked The remaining firms are increasing market farmer will survive as a food pro- domestic commodity markets with share and political power to the point of con- ducer.’’ The most important factor is lower world prices through trade agree- trolling the governments that once regulated probably the special relationships the the firms. Some of the biggest corporations ments, that was a policy choice. When have gotten tax breaks or other government integrating firm has with other busi- we eliminated the safety net for farm- incentives. . . . Corporate interests have also nesses. In industries undergoing ers with the Freedom to Farm Act, called on the government to weaken environ- vertical integration, especially, farm- that was a policy choice. mental standards and immigrant labor pro- ers who don’t have special relation- When we invest public resources in tections in order to allow them to reduce ships with feed or slaughtering firms technology that tilts the scales against productions costs. often have to pay more for inputs and family farmers, that is a policy choice. The bigger these agribusinesses get, have more problems selling their prod- When we fail to fund enough econo- the more influence they have over our uct. And smaller farmers are being mists at GIPSA or enough antitrust public policy choices. The bigger they

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12464 CONGRESSIONAL RECORD — SENATE October 13, 1999 get, the more money they have to power routinely goes unpunished, espe- gaining power between farmers and the spend on political campaigns. The big- cially with regard to vertical integra- global agribusiness giants. A growing ger they get, the more lobbyists they tion. disparity of economic power is shifting can afford to amass on Capitol Hill. Courts have limited the effectiveness a larger share of farm income to agri- The bigger they get, the more likely of the antitrust laws by narrowing business. We need to reverse that trend they are to be named special U.S. trade their focus to questions of economic ef- and level the playing field. Unless we representatives, like the CEO of Mon- ficiency and consumer welfare. The ensure that farmers and ranchers re- santo. The bigger they get, the more focus on consumer welfare is an obsta- ceive a fair share of the profit of the likely public officials will be to confuse cle to antitrust enforcement in agri- food system, little else we do to main- their interests with the public interest, culture, even though farmers were an tain family-size farms is likely to if they don’t already do that. And the integral part of the original antitrust succeed. bigger they get, the more weight they movement. Conventional antitrust Of course, there’s more than one way will pull in the media. analysis focuses on the ability of domi- to attack the problem of unequal bar- It’s a vicious circle. These agri- nant firms to charge higher prices to gaining power. The antitrust statutes business conglomerates used their po- consumers; price declines are generally helped equalize bargaining power by in- litical clout to shape public policies not regarded as a problem. But farmers creasing competition, thereby reducing that helped them grow so big in the today are drawing attention to the the market power of monopolies. The first place. Now their overwhelming ability of dominant firms to abuse formation of agricultural cooperatives size makes it easier for them to dictate their market power to pay lower prices under the Capper-Volstead Act helped policies that will help get even bigger. to producers, not consumers. equalize bargaining power from the op- This was just as much a problem at The Justice Department’s recent ap- posite direction—by increasing the the turn of the century as it is now. proval of the Cargill-Continental merg- market power of farmers. Under either American democracy suffered greatly er raises troubling questions about the approach, farmers improve their bar- as a result of concentration of eco- future of antitrust enforcement in agri- gaining position and are likely to ob- nomic power in the late 1800s. But the culture. If DOJ can’t stop the merger tain a greater share of farm income. Populists and their successors showed of Cargill and Continental, what merg- Yet there are some inherent dispari- us that there is a different path, that er will it ever stop? Will it ever be able ties in market power that can only be there are alternatives, and they pro- to take any action at all to arrest the remedied through farm policy. Because ceeded to lay the groundwork for the trend towards concentration in agri- there are so many farmers, no single Progressive Era. culture? farmer can influence price on his or her Even before the founding of the Peo- The Packers and Stockyards Act is a own. On their own, farmers cannot ple’s Party, populists and labor and similar story. Enacted in 1921 to com- limit production waiting for prices to progressives began working to rein in bat the market abuse of the top five rise or until they can shift crops. the concentration of economic power. meat packers, it has extremely broad Farmers are unable to reduce supply With the help of some forward-looking and far-reaching language. Under the without assistance from the govern- Republicans, they fought for and Packers and Stockyard Act, it is un- ment, which is where farm policy can passed the Sherman Act and the Clay- lawful for any packer to ‘‘engage in or play a role. ton Act and the Packers and Stock- use any unfair, unjustly discrimina- Farm policy can also remedy inher- yards Act and the Federal Trade Com- tory, or deceptive practice or device.’’ ent disparities in market power by mission Act. They also reined in the It is unlawful to ‘‘make or give any placing a floor on prices. Laws guaran- trusts through regulation of banks and undue or unreasonable preference or teeing workers the right to bargain railroads. And they demanded more advantage.’’ collectively and a minimum wage are and better democracy through the di- However, some court decisions have based on the same idea. The minimum rect election of senators. limited its scope, and USDA is unwill- wage law recognizes that there is un- Judge Robert Bork notwithstanding, ing to test its regulatory authority in equal bargaining power between em- I don’t believe the Sherman Act was court. Meanwhile, concentration in the ployers and workers, and that wage ne- motivated by concerns over economic meat-packing industry today is higher gotiation would often lead to wages efficiency and consumer welfare. In than it was when the FTC issued its that are too low. The bargaining power fact, during consideration of the Sher- original report leading to enactment of between agribusiness conglomerates man Act, Congressman Mason directly the 1921 Act. and farmers is similarly unequal, and responded to the efficiency arguments Clearly, we cannot simply rely on the it is resulting in farmer prices that are raised by John D. Rockefeller. current antitrust statutes and anti- too low. Farmers today essentially If the price of oil, for instance, were re- trust authorities to address the rapid need the equivalent of a minimum duced to one cent a barrel, it would not right consolidation of the agricultural sec- wage. the wrong done to the people of this country tor. We must change our antitrust Of course, bolstering the market by the trusts which have destroyed legiti- laws. Whether or not our antitrust power of family farmers is inimical to mate competition and driven honest men agencies have authority that they are the economic interests of corporate ag- from legitimate business enterprises. unwilling to exercise, we need to force ribusiness, and it will be fiercely re- As Richard Hofstadter has written, their hand. And we must develop a new sisted. But in the past we have man- the Sherman Act was ‘‘a ceremonial farm policy. Realistically, however, we aged to tame concentrations of eco- concession to an overwhelming public know that doing these things may take nomic and political power, and I refuse demand for some kind of reassuring ac- some time. We must act now. to believe we cannot do so again. For tion against the trusts.’’ During debate There is something we can do in the this reason, the examples of the Popu- on the Act, Senator John Sherman short term. I am offering legislation list movement and the Progressive Era himself railed against the ‘‘kingly pre- with Senator DORGAN that would im- are enormously instructive and encour- rogative’’ of men with ‘‘concentrated pose a moratorium on mergers and ac- aging. powers.’’ He vowed that ‘‘We will not quisitions among agribusinesses that Finally, I want to mention the fiery long endure a king over production, must already submit pre-merger filings closing speech at the People’s Party transportation, and sale of any of the under current law (annual net revenue convention in 1892, which reads like it necessities of life.’’ or assets over $100 million for one could have been written yesterday. It But the antitrust laws, in the words party and $10 million for the other). was delivered by a remarkable Min- of Supreme Court Justice William O. This moratorium would remain in ef- nesotan—an implacable foe of monop- Douglas, are now ‘‘mere husks of what fect for 18 months, or until Congress oly power named Ignatius Donnelly. they were intended to be.’’ In the last enacts legislation to address the prob- Donnelly affirmed that ‘‘the interests 20 years, the courts have been unduly lem of concentration in agriculture, of rural and urban labor are the same,’’ influenced by the anti-antitrust views whichever comes first. and he called for a return to America’s of Judge Bork and the Chicago School. Over the longer term, however, we egalitarian founding principles. ‘‘We Today tremendously unfair market need to focus on equalizing the bar- seek to restore the government of the

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12465 Republic to the hands of the ‘plain peo- The Treaty bans any ‘‘nuclear explosion,’’ we should not be doing this and how ple’ with whom it originated,’’ he said. but unfortunately, compliance with a zero- unconscionable that we are considering We should do no less. If we want to yield requirement is unverifiable. The limi- something of this magnitude right sustain a vibrant rural economy and a tations of verifiability introduce the possi- now, any one of those Senators saying bility of inconsistent observance of the ban thriving democracy, we need urgent re- under the threshold of detectability. that had the opportunity, as the Sen- form of our farm and antitrust laws. ator from Illinois would have had the The threshold of detectability is We must act now. We can start by pass- opportunity, to object to bringing it up something that is there. What that ing an 18-month moratorium on the because it was done so by unanimous means is, no matter what equipment largest agribusiness mergers. consent. we use, we are unable to detect certain I yield the floor, and I reserve the re- The third thing they were talking tests that are underground under cer- mainder of our time for the minority. about is how everyone is a strong sup- tain yields. This is a zero-yield test. Mr. COCHRAN. I suggest the absence porter of this treaty. For the record, We kept hearing from the same indi- of a quorum. one more time, we have 6 former Secre- vidual yesterday that they can get on- The PRESIDING OFFICER. The taries of Defense and several former Di- site inspections. Onsite inspections are clerk will call the roll. rectors of Central Intelligence, as well not assured. Under this treaty, it is The legislative clerk proceeded to as some 13 former commanding gen- very specific. Going back to Paul Rob- call the roll. erals, all of whom are in the RECORD inson, the Director of Sandia Lab: Mr. INHOFE. Mr. President, I ask right now, and I do not need to put it unanimous consent that the order for The decision to approve a request for an in again, I have already put that in the onsite inspection must be made by an affirm- RECORD; also, the statement by Bill the quorum call be rescinded. ative vote of at least 30 of the 51 members of The PRESIDING OFFICER. Without the treaty organization’s Executive Council. Cohen. There is no one for whom I have greater respect than my former col- objection, it is so ordered. I know there is supposedly some in- league on the Senate Armed Services Mr. INHOFE. Mr. President, I ask formal agreement that we in the unanimous consent that I be allowed to Committee, the former Senator Bill United States would be a member of Cohen, now Secretary of Defense Bill speak as in morning business. that executive council. I do not see Mr. COCHRAN. Mr. President, I ask Cohen. anything in this treaty that says we But I had to remind him, during our unanimous consent—and I do not in- are. We are putting our fate in the tend to object—that the time con- committee meeting, that maybe now hands of some 30 nations, and we do not his attitude is different on some of sumed by the Senator be charged know at this point who those 30 na- equally to all time under the order on these critical things because he is now tions will be. working for the President. But what he the appropriations bill. I will quote further to get my point The PRESIDING OFFICER. Is there said in September of 1992—and I re- across, although the Senator was well member when he said it when he was objection? meaning yesterday in making the com- Without objection, it is so ordered. leading the fight to stop this type of a ment this was endorsed by the Direc- treaty; in fact, it is the same provi- The Senator is recognized. tors of the labs. I will quote Dr. Paul Mr. INHOFE. Mr. President, I am not sions—he said: Robinson again. He was referring to . . . [W]hat remains relevant is the fact going to take much time. I certainly himself and the Directors of the other hope the Senator from Minnesota did that many of these nuclear weapons which two labs. I am talking about all three we intend to keep in our stockpile for the in- not cut his remarks short because he labs: definite future are dangerously unsafe. certainly is articulating something in I and others who are or have been respon- Equally relevant is the fact that we can which we are all very interested. I sible for the safety and reliability of the U.S. make these weapons much safer if limited would do what I could to protect his stockpile of nuclear weapons have testified testing is allowed to be conducted. So, when rights to get a vote if he needed a vote, to this obvious conclusion many times in the crafting our policy regarding nuclear test- the same as I ask my rights be pro- past. To forego that validation through test- ing, this should be our principal objective: tected to either get a vote or to object ing is, in short, to live with uncertainty. To make the weapons we retain safe. . . . The amendment that was adopted last to a unanimous consent request, which He goes on to say: week . . . I have been doing with regularity in If the United States scrupulously restricts This is back in 1992, but this is the the last few days. itself to zero yield while other nations may conduct experiments up to the threshold of same language we are talking about Mr. WELLSTONE. Mr. President, I today— thank my colleague for his remarks. international detectability— The one I just talked about— does not meet this test . . . [because] it f would not permit the Department of Energy we will be at an intolerable disadvantage. COMPREHENSIVE NUCLEAR TEST- to conduct the necessary testing to make We have to read that over and over BAN TREATY our weapons safe. because people are not getting that Here is the same Secretary of De- Mr. INHOFE. Mr. President, I will message. fense, back when he was in the Senate, take a few minutes to share with the The second thing he said was, what is talking about the fact that our weap- Senate something that has not been the rush? This morning, I heard the ons are not safe. By the way, we had a mentioned yet in this whole CTBT President in his press conference of chart that we showed of information debate. yesterday talk about the rush. Here is that came from all three of the Energy First of all, let me respond to a cou- the President who has been saying over labs which is in the Cloakroom right ple of things that were said by the last and over that he demands this come be- now, but we have used on the floor sev- speaker who spoke in favor of the Com- fore this Senate and be acted upon by eral times, showing specifically not prehensive Test Ban Treaty. I hate to November of this year. Here it is. That one of the nine weapons in that arsenal be redundant, but I cannot let these is next month. We are doing exactly meet the safety tests today. In other things continue to go by. People will what he wanted. Yet now he wants to words, we have gone 7 years now with- actually believe them when, in fact, withdraw this treaty because he does out testing, and it has now taken its they are not true. not believe he has the votes for the toll. We are having a problem. So any- The statement was made by one of ratification. I agree. He does not have way, that is very significant to remem- the Senators that the Directors of the the votes. It would shock me if he had ber those words of Secretary Cohen. labs—the three energy labs—were in the votes. I have been asked the question by a favor of this treaty. I listened to this, Yet we have had a chance for a very number of people as to why I am so ad- and yet we had them before our com- deliberative session. We have talked amant about objecting to the unani- mittee which I chair. They were very for hours and hours, some 22 hours of mous consent request—and I do not emphatic about their feelings. I am debate and committee activity on this care who makes it—to take this from going to read to make sure the record subject. We are all very familiar with the calendar and put it back into the reflects this. it. Foreign Relations Committee. Dr. Paul Robinson, one of the Direc- I also suggest that any Member of I do so because there is something tors, said: the Senate who stands up now and says that has not even been discussed on

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12466 CONGRESSIONAL RECORD — SENATE October 13, 1999 this floor yet; and that is, unless we The legislative clerk proceeded to Mr. DORGAN. Let me say this about kill it and actually reject this treaty call the roll. the unanimous consent request. If you by a formal action, the provisions of Mr. COCHRAN. Mr. President, I ask take a look at all the arms control this treaty are going to remain some- unanimous consent that the order for treaties that have been offered to the what in effect. In other words, we are the quorum call be rescinded. Senate—the ABM Treaty, the START I going to have to comply with this trea- The PRESIDING OFFICER. Without treaty, the START II treaty, on down ty that has been signed—going back to objection, it is so ordered. the line—and take a look at how many a document of the Vienna Convention Mr. DORGAN addressed the Chair. days of comprehensive hearings they that was actually signed on May 23, The PRESIDING OFFICER. The Sen- had, No. 1, in the committee of juris- 1969, but it did not become a part of the ator from North Dakota. diction and, No. 2, how many days they Mr. DORGAN. Mr. President, I want international law until January of 1980. were debated on the floor of the Sen- to make a couple comments about the Article 18—and this is in effect ate, what the Senator will discover is conference report on Agriculture ap- today—says: this treaty, that has been treated propriations. Before I do, I would like Obligation not to defeat the object and lightly, it is a serious matter—treated to make a comment or two about the purpose of a treaty prior to its entry into lightly by the fact that the majority presentation just offered by my friend force. leader said, even without comprehen- A State is obliged to refrain from acts from Oklahoma. which would defeat the object and purpose of The Senator from Oklahoma, as he sive hearings, we will bring this treaty a treaty when: always does, makes a strong presen- to the floor of the Senate and kill it. (a) it has signed the treaty or has ex- tation for something he believes very It alone is the arms control treaty changed instruments constituting the treaty strongly in. I believe very strongly that has been treated in this manner. subject to ratification, acceptance or ap- that he is wrong. I believe very strong- All other treaties were dealt with seri- proval, until it shall have made its intention clear not to become a party to the treaty. . . ly in the other side of the issue. Let me ously with long, thoughtful, com- describe why just for a few moments. prehensive hearings—day, after day, What that means is, we have this The Comprehensive Nuclear Test-Ban after day—and then a debate on the flawed treaty, this treaty that allows Treaty is a question presented to this floor of the Senate—day after day— our adversaries to conduct under- country in this form: Will the United which involved the American people ground tests. Yet while we cannot do States of America assume the moral and public opinion; and then this coun- it, we have to comply with this treaty, leadership that it must assume, in my try made decisions about those trea- if we merely send it back to com- judgment, to help stop the spread of ties. mittee. nuclear weapons around the world? So I just want to make sure—I am I know there are some who have There are two nuclear weapons super- going to read that again. This is from never supported an arms control treaty powers—the United States and Russia. the Vienna Convention. This is some- under any condition. They have not. Between us, we have roughly 30,000 nu- thing that we are a party to. It says— Mr. INHOFE. If the Senator will clear weapons. Some other countries I will take out some of the other lan- yield further? have them, and many other countries guage— want them. There are many countries, Mr. DORGAN. Let me finish my A State is obliged to refrain from acts statement. which would defeat the object and purpose of there are rogue nations, and there are a treaty when: terrorist groups that want to have ac- They do not support arms control (a) it has signed the treaty or has ex- cess to nuclear weapons. treaties. I respect that. I just think changed instruments constituting the treaty The question of what kind of a future they are dead wrong. I have on my subject to ratification, acceptance or ap- we will have in this world depends, in desk—I ask consent to show it again— proval, until it shall have made its intention large part, upon the direction this a piece of a bomber. This is a piece of clear not to become a party to the treaty country takes in assuming its responsi- a Backfire bomber, a Russian bomber. ... bility to stop the spread of nuclear Why is a Russian bomber in a cir- What that means is, we have this weapons. cumstance where its wing was sawed flawed treaty, this treaty that allows We already decided 7 years ago, as a off—not shot down, its wing sawed off? our adversaries to conduct under- country, we will no longer test nuclear Because arms control agreements have ground tests; yet while we cannot do it, weapons. We made that decision unilat- reduced the number of delivery sys- we have to comply with this treaty, if erally. Over 40 years ago, President Ei- tems and nuclear weapons. we merely send it back to committee. senhower said: We must have a Com- So I just want to make sure—I am This part was sawed off a Russian prehensive Nuclear Test-Ban Treaty; going to read that again. This is from bomber wing as part of the reduction of we must do that. About 5 or 6 years the Vienna Convention. This is some- the threat under our arms control trea- ago, we began negotiating with other thing that we are a party to. It says— ties. These treaties work. We know countries to develop such a treaty. Two I will take out some of the other lan- they work. That is why, without shoot- years ago, President Clinton sent to guage— ing down a bomber, I have a piece of a the Senate a treaty that would provide Russian Backfire bomber wing, just to A State is obliged to refrain from acts a comprehensive nuclear test ban all which would defeat the object and purpose of remind us that arms control treaties a treaty when: around the world. work. (a) it has signed the treaty or has ex- For 2 years, that treaty languished changed instruments constituting the treaty here without 1 day of hearings before Mr. INHOFE. Will the Senator yield subject to ratification, acceptance or ap- the primary committee that it was further? proval, until it shall have made its intention sent to, the Foreign Relations Com- Mr. DORGAN. Just for a moment. clear not to become a party to the treaty... mittee. I know there is disagreement Mr. INHOFE. I think it is very sig- How do you make your intentions on that, but I tell you, Senator BIDEN, nificant because this subject has come clear? Under the Vienna Convention who is the ranking Democrat of that up during 14 hearings before the Senate language, not to be a party to this committee, says there was not 1 day of Foreign Relations Committee. We have treaty you have to vote it down. You hearings devoted to that treaty. over 130 pages of testimony on this. We have to bring this up for ratification I understand some people want to have discussed it for hours and hours and reject it formally on the floor of kill it. over the last 2 days. Again, any Sen- this Senate. To do anything other than Mr. INHOFE. Will the Senator yield ator could have objected to this and ap- that is to leave it alive and to force us on that? parently believed it was not necessary. to comply with this flawed treaty, Mr. DORGAN. I am happy to yield. But I have to ask you this question. which is a great threat to our safety in Mr. INHOFE. I ask the Senator, if it You talked about only two countries this country. should not have been brought up for I yield the floor. the purpose he just articulated, why having these weapons. I suggest the absence of a quorum. did this Senator not object to the Mr. DORGAN. I did not say that. Let The PRESIDING OFFICER. The unanimous consent request to have a me reclaim my time. I did not talk clerk will call the roll. vote on it? about ‘‘only two countries.’’

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12467 Mr. INHOFE. There was a time when matter seriously, in my judgment. cratic side. The Democratic side used 2 that was true. During the cold war that Name another treaty that has come to hours allotted to them for that. The was a valid argument. It is no longer the floor of the Senate dealing with Conventional Forces in Europe Treaty true. Virtually every country has arms control, the arms control issues had 6 hours, compared to 14 for the weapons of mass destruction. Now it is embodied in this treaty, trying to pre- CTBT. The START Treaty had 91⁄2 a matter of which countries have mis- vent the spread of nuclear weapons, hours, about 6 hours less. The START siles that could deliver them, of which that has had this little debate and II Treaty had 6 hours, and the CFE now we know of North Korea and Rus- comes to the floor, despite what my Flank Agreement, 2 hours. So every sia and China—and whoever else we colleague says, without having had 1 one of these treaties ended up having don’t know because they have been day of comprehensive hearings devoted less time than the CTBT allotted for trading technology with countries like to this treaty in the committee to debate on the floor. Iraq and Iran, and other countries. which it was assigned? Those are the All of last week was consumed by Mr. DORGAN. I did not say that the facts. hearings in the Intelligence Com- United States and Russia are the only Mr. INHOFE. If the Senator will mittee, the Foreign Relations Com- countries that have nuclear weapons. I yield on that point. mittee, and the Senate Armed Services said we have 30,000 between the two Mr. DORGAN. Mr. President, I came Committee; I don’t know how many countries. Other countries have nu- to speak about the Agriculture appro- hours total. Prior to that time, the clear weapons as well, and many other priations bill. The only reason I made Government Operations Committee countries aspire to have nuclear weap- these comments is, the Senator from had three separate hearings. That is ons. Oklahoma was, once again, making the specific answer to the Senator’s The Senator from Oklahoma said statements. He is good at it. He feels question. Mr. DORGAN. One thing I hate in something that is not the case. He said passionately about these things. But I politics is losing an argument I am not virtually every other country has think, with all due respect, he is wrong having. The Senator from Arizona cites weapons of mass destruction. That is on this issue. the number of hours this treaty or that This country has a responsibility to not the case. The nuclear club, those treaty was considered on the floor of countries that possess nuclear weap- treat these issues seriously. This coun- the Senate. I will bring to the floor ons, is still rather small, but the aspi- try has a responsibility to lead in the this afternoon the compendium of ac- ration to get a hold of nuclear weapons area of preventing the spread of nu- tion by the Senate on the range of is pretty large. A lot of countries— clear weapons. We don’t lead in that re- arms control treaties, START I, more than just countries, terrorist gard by turning down or rejecting this START II, ABM, so on. What I will groups—want to lay their hands on nu- treaty. There was a coup in Pakistan show is that in the committee of juris- clear weapons. What happens when yesterday; we are told. We don’t know diction, there were days and days and they do? Then we will see significant the dimensions or consequences of it. days of comprehensive hearings and threats to the rest of this world. Pakistan is a nuclear power. Pakistan the length of time those treaties were It is in our interest as a country to and India are two countries that don’t considered, in terms of number of days do everything we can possibly do to like each other. They exploded nuclear on the floor of the Senate, were exten- stop the spread of nuclear weapons. Do weapons, literally under each other’s sive. It allows the American people to we want Bin Laden to have a nuclear chin, within the last year. Is that a se- be involved in this discussion and this weapon? Do we want Qadhafi to have a rious concern to the rest of the world? debate. This approach, which treats a nuclear weapon? Do we want Saddam It is. very serious issue, in my judgment, too Hussein to acquire a nuclear weapon? I Mr. INHOFE. Absolutely, if the Sen- lightly, says, let us not hold com- don’t think so. Arms control agree- ator will yield. prehensive hearings. I remind the Sen- ments and the opportunities to prevent Mr. DORGAN. Are we going to lead ator that the request from the minor- the spread of nuclear weapons are crit- and try to stop nuclear testing? Are we ity was of the majority leader to hold ical. going to lead in trying to stop the comprehensive hearings, allow consid- How do we best do that? Many of us spread of nuclear weapons? I hope so. I eration, and allow a vote on this trea- believe one of the best ways to do that cast my vote to ratify this treaty, be- ty. That is not the course the majority is to pass this treaty, the Comprehen- lieving it is the best hope we have as a leader chose. sive Nuclear Test-Ban Treaty. country to weigh in and be a leader, to Having said all that, I am happy to We are going to have this treaty back say we want to stop the spread of nu- come back this afternoon. I feel pas- on the floor, I think, for 3 hours today. clear weapons around the rest of the sionately about this issue. We should I will make it a point to come and I country. talk about all the things the Senator will spend the entire 3 hours with the Mr. President, I see my friend from from Oklahoma is raising. We haven’t Senator from Oklahoma. Arizona has also joined us. I came to tested for 7 years, and we think this Mr. INHOFE. If the Senator will speak about this Agriculture bill. I country is weaker because of it. I don’t yield for a response. know my colleague from Illinois is know how some people can sleep at Mr. DORGAN. I have not yielded, Mr. waiting to address these issues as well. night. North Korea is going to attack President. Mr. KYL. I wonder if I might prevail the Aleutian Islands with some missile. The PRESIDING OFFICER. The Sen- on the courtesy of the Senator for 30 Our nuclear stockpile is unsafe, one ator from North Dakota has the floor. seconds. Senator said the other day. The bombs Mr. DORGAN. This treaty was Mr. DORGAN. Thirty seconds. in storage are unsafe. We have been brought to the floor for 14 hours of de- Mr. KYL. The Senator asked a ques- storing nuclear weapons for over 40 bate. Name another arms control trea- tion which I think deserves an answer: years in this country. All of a sudden ty that came to the floor with only 14 Name one other treaty that had less they are unsafe, on the eve of the Com- hours of debate. The Senator asks: Why time or more time than this. Here are prehensive Nuclear Test-Ban Treaty. didn’t someone object? The burden is the treaties: The Chemical Weapons f on us. Because the majority leader Convention had 18 hours allotted for it. treated a serious matter lightly, the Mr. DORGAN. Is that less than 14? AGRICULTURE, RURAL DEVELOP- burden is on someone else. Mr. KYL. That includes amendments. MENT, FOOD AND DRUG ADMIN- The Senator from Oklahoma knows Mr. DORGAN. How many comprehen- ISTRATION, AND RELATED we objected the first time the Senator sive hearings did that treaty have? AGENCIES APPROPRIATIONS from Mississippi proposed it. He knows Mr. KYL. If I could complete my an- ACT, 2000—CONFERENCE RE- an objection was raised. The second swer to the Senator, which is that this PORT—Continued time the Senator from Mississippi pro- treaty, pursuant to a request by the Mr. DORGAN. Having said all that, posed it, he linked it to a time. If that minority, had 14 hours associated with let me turn to the question of the Agri- is the only basis on which we had the it, plus 4 hours per amendment, if there culture Appropriations bill. Let me ask opportunity to consider this treaty, so were amendments offered. There was how much time I have remaining? I had be it. But it is not treating a serious an amendment offered on the Demo- sought 20 minutes.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12468 CONGRESSIONAL RECORD — SENATE October 13, 1999 The PRESIDING OFFICER. The mi- commodity such as selling wheat into a us know that. We should have helped nority has 136 minutes remaining. grain trade that is highly con- farmers who lost income because of Mr. DORGAN. I will take 5 minutes. centrated. In every set of cir- collapsed prices and weather disasters, My friend, the Senator from Illinois, is cumstances, farmers have been injured. the people who really produce a crop. waiting and the Senator from Mis- And the result of all of these adverse We ought not to have a $460,000 upper sissippi, who manages the bill, has the circumstances coming together, espe- payment limit, and we ought not to patience of Job. I will not spend a lot cially the twin calamities of the col- have dropped the provision that says of additional time. lapse of commodity prices and weath- we are going to end embargoes on food I want to run through a couple er-related crop disasters, means we and medicine forever. It was wrong to charts, if I might. I want people to have a full-scale emergency on our drop that. We know that. think through if this were their in- family farms. I will have to vote for this conference come, what their situation would be. This piece of legislation is not par- report, without enthusiasm, because Every one of you have a job; you have ticularly good. I am going to vote for there is an emergency and a crisis, and an income. If you have a business, you it, but with no great enthusiasm. I was some farmers will not be around if we have some profit or an expected profit. one of the conferees. The conference don’t extend a helping hand now. Never Ask yourself what your situation met for a brief period of time. Senator again should we do it this way. This is would be personally if your job was to DURBIN was a conferee, as well, and he the wrong way to do it. It is not the raise corn. This is what has happened will recall we met for a period of time, right way to respond to the emergency to the price of corn; it has dropped dra- and one of the things we pushed for was that exists in farm country. matically. Think of what that would to stop using food as a weapon. No My friend, the Senator from Illinois, mean if that happened to your income. more food embargoes. Guess what. wants to speak. I thank him for his pa- What about if you are a producer out That was our strong Senate position, tience. I yield the floor. there, a family farmer raising some but it is not in this report. The PRESIDING OFFICER (Mr. children and trying to operate a farm? This report doesn’t end the embar- BURNS). The Senator from Illinois is You are raising wheat. Here is what goes on food or end using food as a recognized. has happened to your income. It has weapon. This report doesn’t do that be- f plummeted? cause the conference dumped it. We THE COMPREHENSIVE TEST BAN What if you are raising some kids didn’t do it because we were part of the TREATY and trying to operate a family farm conference, but the conference didn’t Mr. DURBIN. Mr. President, there and doing well and you are producing meet. It adjourned in a pique and never are several issues that have been de- soybeans? This is what happened to got back together. We are told the Sen- bated on the floor this morning, and it your income. Again, a drastic reduc- ate majority leader and the Speaker of is typical of the Senate, which con- tion. the House cobbled together this bill, siders myriad issues, to consider some Do you know of any other business in with some technical help. When we saw that are quite contrasting. To move which prices have fallen as much as for it again, it said we want to continue to from nuclear proliferation to help for wheat, corn, soybeans? use food as a weapon and keep embar- soybean growers is about as much a Likewise, what if somebody said that goes on various countries around the contrast as you could ask for. But it the product you raise, a bushel of world. reflects the workload that we face in wheat, for example, as a percentage of I am not happy with this bill. Let’s the Senate, and it reflects the diversity the cereal grain dollar, was going to provide income support to farmers, it of issues with which we have to deal. shrink by over half? says, after we pushed for that. But it I will speak very briefly to the issue Take another example. Say you were says do it with something called AMTA of the nuclear nonproliferation treaty. raising hogs and not too long ago you payments. We are going to have people This nuclear test ban treaty, which sold a 200-pound hog and got $20 for it. getting emergency payments who may be considered for a vote this after- Then that hog was slaughtered and the didn’t lose any money because of col- noon, could be one of the most signifi- meat from that hog went to the gro- lapsed prices; they weren’t even farm- cant votes ever cast by many Members cery store and was sold for $350. There ing. In fact, the payment limits have of the Senate. It appears the vote will is something wrong with that picture. gone up. So it is conceivable that some be overwhelmingly in favor of the trea- Is there something wrong with the landowners are going to get $460,000 ty on the Democratic side of the aisle, stream of income that goes to the per- without putting a hand to the plow. with a handful of Republican Senators son who actually raised that hog versus That is the new payment limit. Can joining us—not enough to enact this the amount of income that goes to the you imagine telling a taxpayer in a treaty into law and to ratify it so that middle people who process it? Abso- city someplace that we want to help it becomes virtually a law governing lutely. farmers in trouble, and they ask which the United States. If that occurs, if we We could go through chart after farmers? Well, somebody is going to defeat this treaty this afternoon—as it chart, those of us who represent farm get a $460,000 payment whether or not appears we are headed to do—it could States. All of us know what the story they are actually farming. That is not be one of the single most irresponsible is. The story is, our family farmers are helping America’s family farmers. So acts ever by the Senate. in crisis. We have a farm bill that has there is a lot wrong with the payments Let me give specifics. It was only a an inadequate safety net. We have the provided by this bill. few hours ago, in Pakistan, that a mili- collapse of grain prices in this country Similarly, the disaster aid is only tary coup took place and replaced the in an almost unprecedented way. We $1.2 billion and contains no specific line administration of Mr. Sharif. Mr. have the weakening Asian economy, item for flooded lands. We know that Sharif had been elected. He was a man which means fewer exports. We have amount shortchanges all the known with whom we had dealt. He was a per- concentration and monopolies in every needs. We know that is not going to son who at least came out of the demo- direction, which cuts the farmer’s cover the drought of the Northeast, the cratic process. But he was toppled. We share of the food dollar. flooding from Hurricane Floyd and the have not had that experience in the When Continental and Cargill are al- prevented planting in the Upper Mid- United States, and I pray we never lowed to get married, as they just did, west—all of the disasters that need to will. But the military leaders decided two big companies gathering together be addressed across this country. But they had had enough of Mr. Sharif. under one umbrella, it demonstrates the combination of things in this legis- They weren’t going to wait for an elec- that our antitrust laws don’t work. lation has put us in a position of ask- tion. They decided to take over. It ap- Every direction the farmer looks, he ing if we are going to provide some pears from the press reports that the finds a monopoly. Want to raise some help or no help. source of their anger was the fact that grain and ship it on a railroad? You are We are in a situation where we have Mr. Sharif had not aggressively pur- held up for prices that are outrageous to say yes, we will vote for this pack- sued the war against India, nor had he in order to haul it by the railroad. The age, but without great enthusiasm. escalated the nuclear testing that took same is true with virtually every other This was done the wrong way. Most of place just a few months ago.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12469 You may remember, on the Fourth of ing devices in 350 different locations so AGRICULTURE, RURAL DEVELOP- July, the President of the United we can detect these tests that occur? MENT, FOOD AND DRUG ADMIN- States of America stayed in the White Are we a safer world if we have a re- ISTRATION, AND RELATED House for a special meeting—a rare gime in place where one nation can AGENCIES APPROPRIATIONS meeting on a very important national challenge another and say, ‘‘I think ACT, 1999—CONFERENCE RE- holiday with Mr. Sharif of Pakistan, you have just engaged in the develop- PORT—Continued where he laid down the rule to him ment of a nuclear weapon you are Mr. DURBIN. Mr. President, I want that we didn’t want to see the Paki- about to test, and under the terms of to address the second issue before us, stani army engaged in the militia tac- and one which is of grave concern in the treaty I have a right to send in an tics against the Indians in an escalated my home State of Illinois. It is the Ag- fight over their territory in Kashmir. international inspection team to an- riculture appropriations bill. He produced, I am told, satellite im- swer the question once and for all.’’ It has been my high honor to serve on agery that verified that the Pakistanis Why, of course, we are a safer world the agriculture appropriations sub- were involved, and he told Mr. Sharif if those two things occur. They will not committee in both the House and the to stop right then and there. If this es- occur if the Republicans beat down this Senate. I have been party to some 13 calated, two nascent nuclear powers treaty today, as they have promised different conferences. That is where could see this develop into a conflagra- the House and Senate come together they will. An old friend of mine—now tion that could consume greater parts and try to work out their differences. of Asia. The President was persuasive. passed away—from the city of Chicago, I want to say of my chairman of the Sharif went home and the tension said, ‘‘When it comes to politics, there subcommittee, Senator COCHRAN, that seemed to decline—until yesterday is always a good reason and a real rea- I respect him very much. When I served when the military took over. son.’’ in the House and he was a conferee, I Why does that have any significance The so-called good reason for oppos- believe that we always had a construc- with our vote on a nuclear test ban tive dialog. There are important issues ing the treaty has to do with this belief treaty? How on God’s Earth can the involving American agriculture. I was United States of America argue to that it doesn’t cover every nation and honored to be appointed to the same India and Pakistan to stop this mad- every possible test. committee in the Senate, and I have ness of testing nuclear weapons and es- The real reason, frankly, that a lot of respected him again for the contribu- calating the struggle when we reject a them are nervous about going against tion he has made as chairman of the treaty that would end nuclear testing this treaty is the fear that in a week or committee. once and for all? It is really talking a month or a few months we will have But what happened to Senator COCH- RAN in this conference shouldn’t hap- out of both sides of your mouth. another member of the nuclear club; in This nuclear test ban treaty had been pen to anyone in the Senate. He was supported originally by Presidents Ei- a week or a month or a few months we moving along at a good pace, a con- senhower and Kennedy, Democratic will have more testing between India structive pace, to resolve differences and Republican Presidents, over the and Pakistan; in a few weeks we may between the House and the Senate. Un- years. It was President George Bush see what is happening in Pakistan dis- fortunately, the House leadership who unilaterally said we will stop nu- integrating further and then having to turned out the lights, ended the con- clear testing in the United States. He worry about whether there will be nu- ference committee, and said we will did not believe that it compromised clear weapons used in the process of meet no more. What was usually a bi- our national defense, and he certainly their confrontation with India. partisan and open and fair process dis- was a Republican. integrated before our eyes. That is no Those who vote to defeat the treaty If you listen to the arguments of my reflection on the Senator from Mis- colleagues on the other side of the will wear that collar, and they will sissippi. I have no idea what led to aisle, you would think this is just a cut know full well that they missed the that. It occurred. It was clear that the and dried partisan issue, with Repub- signal opportunity for the United problem was on the House side. We licans on one side and Democrats on States to have the moral leadership to were making progress. We were making the other. The polling tells us that 82 say our policy of no nuclear testing bipartisan decisions. The process broke percent of the American people want us should be the world policy; it makes us down. to pass this test ban treaty. They un- safer. It makes the world safer. But with that said, I will vote for derstand full well that if more and this bill, and reluctantly. I believe it more nations around the world acquire Sadly, we have spent virtually no will provide some relief for struggling nuclear weapons, it doesn’t make the time in having committee hearings farmers in our fragile farm economy. United States any safer; it makes the necessary for a treaty of this com- The Illinois Department of Agri- world more dangerous. Leaders in some plexity, and a very limited time for culture estimates that $450 million of these countries, who should not be floor debate. It is a rush to judgment. from the $8.7 billion agricultural relief entrusted with a cap gun, will end up I am afraid the judgment has already package will directly benefit Illinois with a nuclear weapon, and we will been made. But ultimately the judg- producers through receipt of 100 per- have to worry whether they have the ment will be made in November of the cent of the 1999 AMTA payments. I delivery capability. year 2000 when the American voters agree with the Senator from North Da- Why is a nuclear test an important kota. Using an AMTA payment is have their voice in this process. Our de- part of it? You can’t take this nuclear fraught with danger. I think it is an bates on the floor will be long forgot- concept from a tiny little model on a open invitation for every one of these bench and move it up to a bomb that ten. But the voters will have the final investigative television shows to have can destroy millions of people without voice as to which was the moral, re- fun at the expense of this bill and this testing it. If you stop the testing, you sponsible course of action to enact a decision process. When they find people stop the progress of these countries. treaty supported by Presidents Eisen- who haven’t seen a tractor in decades Some say there will be rogue nations hower and Kennedy, and the Chairmen but have ownership of a farm receiving that will ignore that, that they don’t of the Joint Chiefs of Staff, a treaty payments upward of $.5 million, they care if you sign a treaty in the United that really gives us an opportunity for are going to say: I thought you were States; they are going to go ahead and a safer world, or to turn our backs on trying to help struggling farmers, not build their weapons. it. somebody with a trust account who has I don’t think any of us would suggest never been near a farm. that we can guarantee a nuclear-free I sincerely hope that enough Repub- That may occur because we have cho- world or a nuclear-controlled world by licans on that side of the aisle will sen these AMTA payments. We should a treaty. But ask yourself a basic ques- muster the political courage to join us. have done this differently. I think we tion: Are we a safer world if we have a The right thing to do is to pass this are going to rue the day these pay- nuclear test ban treaty that puts sens- treaty. ments are made and the investigations

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12470 CONGRESSIONAL RECORD — SENATE October 13, 1999 take place. But these AMTA payments I said: How is your yield this year? I have said on the floor and I will re- will be in addition to the more than He said: It is up a little, but I can’t peat again, in the 40 years I have seen $450 million already received by Illinois make up for that decline in price. photographs of Mr. Castro since we farmers this year to help them through That is what is coming together. have embargoed exports of food to this crisis. That is the disaster in Illinois and in Cuba, I have never seen a photo of Mr. I voted for the Freedom to Farm Act. many places around the Nation. Castro where he appeared malnour- I have said repeatedly that I did not be- The USDA is facing the largest farm ished or hungry. The bottom line is, lieve when I voted for that farm bill assistance expenditure in its history. somehow he is pretty well fed. I bet he that I was voting for the Ten Com- The Department of Agriculture proc- has access to good medicine. The peo- mandants. I believed that we were deal- essed 2,181 loan deficiency payments in ple who are suffering are the poor peo- ing with an unpredictable process. 1997, about 2.1 million in 1998—1,000 ple in Cuba and a lot of other coun- Farming is unpredictable. Farm policy times more—and they will work tries. The people are suffering because has to be flexible. We don’t know what through a projected 3 million this year. we don’t have the trade for American happens to weather or prices. We have Unfortunately, it appears that this cri- farmers. It is a policy that has not to be able to respond. sis is going to drag on in the foresee- worked. You have to say in all candor as we able future further draining USDA’s re- How did we open up eastern Europe? complete this fiscal year and spend sources and reserves. We opened it up by exposing the people more in Federal farm payments than I am going to address separately the who were living under communism to ever in our history that the Freedom whole question of the Ashcroft-Dodd the real world of the West—free mar- to Farm Act, as we know, has failed. It amendment because I think it is one kets and democracy. They fled Moscow is time for us, on a bipartisan basis, to that deserves special attention. But I and that Soviet control as fast as they revisit it, otherwise we will see year want to say that though I did not sign could. We have always thought we after weary and expensive year these this conference report because of the could isolate Cuba. I think exactly the emergency payments. procedures that were followed, I hope opposite would end Castro’s totali- Look at the Illinois farm economy. that we don’t repeat this process in the tarian rule—when the people in Cuba My State is a lucky one. We usually future. It really undermines the credi- get an appetite for what is only 90 aren’t the first to feel the pain. God bility of Congress and of the good miles away in the United States, blessed us with great soil and talented Members such as the Senator from Mis- through trade, through expanded op- farmers and a good climate. But we are sissippi and others who really do their portunities. in trouble. best to produce a good bill when they The Governor of the State of Illinois, Farm income in Illinois dropped 78 turn out the lights and send us home, George Ryan, a Republican Governor, percent last year to just over $11,000 a and then circulate a conference report has said he will take a trade mission to year. That is barely a minimum wage that has never been seen until they put Cuba. I support him. I think the idea of that farmers will receive. That is the it before you for signature. opening up that kind of trade is the lowest net income on farms in two dec- Once the Senate acts on the con- best way to quickly bring down any ades. ference report, sends it to the Presi- control which Castro still holds in that Incidentally, if you are going to dent, our role in helping improve con- country. When that amendment to end the gauge it by a minimum wage, as the ditions in rural America does not end. embargo on food and medicine in six Presiding Officer can tell you, farmers We should explore other ways to help countries went to conference, the Re- don’t work 40-hour workweeks. When our farmers. publican leadership in the House of they are out in the fields late at night Let me say a word about the Representatives stopped it in its and early in the morning, they put in Ashcroft-Dodd amendment. tracks. After we had voted on a bipar- the hours that are necessary. Yet they You may recall during the Carter ad- tisan basis on the Senate side to move ministration when the Soviets invaded end up receiving the minimum wage in it forward, they stopped it in its Afghanistan. President Carter an- my State of Illinois. That is down from tracks. $51,000 in 1997. That was the net farm nounced an embargo on the Soviet That is a sad outcome not just for income per family in that year. Lower Union—an embargo that became one of the poor people living in the countries commodity prices and record low hog the single most unpopular things that affected but for the United States to prices in particular are primarily to he did. President Carter and the Demo- still be using food as a weapon with blame for this net farm income free fall cratic Party wore the collar for a dec- these unilateral embargoes on food and in my home State. ade or more that we were the party of medicine. Yes, in the case of Cuba and The Illinois Farm Development Au- food embargoes, of agricultural embar- many other countries, it is a policy thority recently noted that the finan- goes. Our opponents and critics beat it which does harm a lot of innocent peo- cial stress faced by Illinois farmers like a tin drum to remind us that it ple. In Cuba, it is very difficult to get today is higher than it has been for 10 was our party that did that. the most basic medicines. Are we real- years. Activity in the authority’s Debt I think it should be a matter of ly bringing Castro down by not pro- Restructuring Guarantee Program is record that a strong bipartisan sugges- viding the medicines that an infant four or five times higher than last tion from Republican Senator JOHN needs to survive? Is that what the U.S. year. They have approved 7 to 10 loans ASHCROFT of Missouri, and Senator foreign policy is all about? I hope not. per month in 1998. In 1999, the author- CHRIS DODD, a Democrat of Con- Senator ASHCROFT is right. Senator ity has been approving 30 to 40 debt re- necticut, that we stop food embargoes DODD is right. We have to revisit this. structuring loans per month—a 300-per- once and for all passed the Senate with I am sorry this bill does not include cent increase. This is a record level un- 70 votes and then was defeated in that that provision. It is one that I think is matched since the 1986–1987 farm crisis. very same conference committee to in the best interests of our foreign pol- The U.S. Department of Agriculture which I referred. The bill we now have icy and our future. has predicted that prices for corn, soy- before us continues food embargoes. I hope the President will sign this beans, and wheat will remain well The sticking point apparently was that conference report quickly and work below normal, and that farm income of the countries exempted from embar- with Congress to submit a supple- may drop again next near. Nationally, goes on food and medicine, specifically mental request, taking into account farm income has declined 16 percent Cuba was to be excluded. the devastating financial crisis that since 1996. There are some Americans, many continues in rural America. To delay On Saturday night in Springfield, IL, Cuban-Americans, who hate Castro further action on this would be a great I went to a wedding reception and sat with a passion for what he did to their disservice to the men and women who next to a friend of mine. I said: What is country, their family, and their busi- have dedicated their lives to produc- a bushel of corn going for now? He said ness, and believe we should punish him. tion agriculture, a sector of the econ- $1.51. If you follow this, as they do He has been in power for over 40 years, omy in which I take great pride in my every day in farm country, that is a and we imposed embargoes on his na- home State of Illinois, and I am sure disaster—$1.51 a bushel. tion for food and medicine. we all do across the United States.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12471 I am extremely disappointed that ‘‘oil for food’’ program, which aims to these difficult times facing our agricul- this conference agreement removed the be sure the Iraqi people have adequate tural producers are: The 2-year Asian Ashcroft amendment that would have nutrition. That program has not al- economic crisis which has spread allowed food and medicine to be ex- ways been as successful as I had hoped, throughout the world; the high value of ported to countries against which we but we have not even tried similar re- the American dollar versus other cur- have sanctions. This amendment lief for the Cuban people. rencies; export subsidies and unfair passed the Senate overwhelmingly The burdensome and complex licens- trade practices by our foreign competi- after language was worked out care- ing procedures that Americans have to tors; the lack of meaningful trade and fully and on a bipartisan basis. I am es- go through to get food and medicine to sanctions reform; the lack of real tax pecially disturbed that, after the con- Cuba essentially constitute a ban on and regulatory reform; and, for the last ference stalled on this issue, just a few such products because of the long 5 years, the lack of fast-track trade au- decided to withdraw this provision be- delays and increased costs. I applaud thority for the President. All of these hind closed doors. and welcome the changes the Clinton and more are directly responsible for The sticking point was the idea of administration made following Pope the current situation in American agri- selling food and medicine to the people John Paul II’s visit to streamline the culture. of Cuba—not to Iran, Iraq, or Libya. licensing procedures for getting these I might add, they have nothing to do Cuba remains a Communist country products to Cuba, but I’m afraid these with our current farm policy, which is whose leaders repress their people and changes are not enough. Although agri- known as Freedom to Farm. What I commit serious abuses of human and cultural and medical products eventu- have just registered, what I have just political rights. We all agree on the ally have been licensed to go to Cuba cited—those unpredictables, those goal of peaceful change toward democ- through this lengthy and cumbersome uncontrollables—would be here regard- racy and a free market economy in process, much of it has not been sent. less of America’s farm policy. It is im- Cuba. But continuing the restrictions The licensing procedure itself discour- portant to point that out because I on sending food and medicine to Cuba ages many from even trying to use it. have heard some suggest it is Amer- is the wrong way to accomplish this I believe that the suffering of the ica’s Freedom to Farm policy that this goal. Cuban people because of these restric- Congress enacted and this President The report issued 2 years ago by the tions on food and medicine is counter- signed in 1996 that is at the root of this American Association for World productive to our shared goal of democ- disastrous agricultural situation in Health, Denial of Food and Medicine: ratization in Cuba. Castro gets to which we find ourselves. In fact, it is The Impact of the U.S. Embargo on blame the United States, and not his not. Health & Nutrition in Cuba concluded own failed Communist policies, for the This $69.3 billion bill will assist agri- that ‘‘the U.S. embargo of Cuba has suffering and hardships of the Cuban cultural producers by providing, among dramatically harmed the health and people. The policy encourages a ‘‘rally other things, short-term assistance. It nutrition of large numbers of ordinary ’round the flag’’ mentally, where peo- includes an $8.7 billion emergency Cubans.’’ The report went on to say: ple who otherwise might oppose Cas- package, and it is important we work The declining availability of foodstuffs, tro’s regime hunker down and support our way through this so the American medicines and such basic medical supplies as the government in such trying eco- people understand what is included in replacement parts for 30-year-old X-ray ma- nomic circumstances portrayed as the this package: chines is taking a tragic toll. . . . The em- fault of the United States. There is $5.5 billion in agricultural bargo has closed so many windows that in There seems to be a consensus devel- market transition assistance payments some instances Cuban physicians have found that are paid directly to our agricul- it impossible to obtain lifesaving machines oping that food and medicine should from any source, under any circumstances. not be used as a weapon against gov- tural producers, to the farmers and the Patients have died. ernments with which we disagree. Con- ranchers. This equates to a 100-percent I would like to read part of a letter I gress has supported lifting such sanc- increase from the producers’ 1999 pay- got from Bishop William D. Persell tions against India, Pakistan, and even ment and puts the money directly in from the Diocese of Chicago who re- Iran. The people of Cuba should be the hands of our producers and cer- lates his experiences in visiting vil- treated no differently. tainly does it much faster than supple- lages outside of Havana. He says: Mr. COCHRAN. Mr. President, I yield mental loan deficiency payments. There is $1.2 billion for disaster re- I was especially struck by the impact of such time as he may consume to the the American embargo on people’s health. distinguished Senator from Nebraska. lief; $475 million in direct payments to We saw huge boxes of expired pill samples in Mr. HAGEL. Mr. President, I thank soybean and minor oilseed producers; a hospital. Other than those, the shelves of the distinguished senior Senator from $325 million in livestock feeder assist- the pharmacy were almost bare. We talked Mississippi who has managed this Agri- ance; $325 million for livestock pro- with patients waiting for surgeries who culture appropriations bill through the ducers; $200 million is in the form of as- could not be operated upon because the X- high winds and difficult seas over the sistance to producers due to drought or ray machine from Germany had broken last few weeks. Some of that was ac- other natural disasters; $400 million to down. A woman at the Cathedral was knowledged this morning. We started assist producers in purchasing addi- chocking from asthma for lack of an inhaler. At an AIDS center, plastic gloves had been out dealing with agriculture, and we tional insurance for crops coming up washed and hung on a line to dry for re-use. have now been dealing with the Com- that they will plant early next year for The examples of people directly suffering prehensive Test Ban Treaty and other fiscal year 2000; and mandatory price from the impact of our government’s policy important things. I am grateful for his reporting to assist livestock producers after all these years was sad and embar- patience, leadership, and diligence to in their marketing decisions. rassing to see. get to this point. While the Agriculture appropriations Many religious groups in the United This is a very important conference conference report and emergency as- States have called for the end of these report we take up today. I rise to sup- sistance package are important and restrictions, which the U.S. Catholic port the Agriculture appropriations they are very helpful in the short term, Conference, for example, has termed conference report. we need to look at the long-term solu- ‘‘morally unacceptable.’’ During Pope As has been noted on the floor of the tions: How do we fix this for the long John Paul II’s visit to Cuba last year, Senate this morning that American ag- term so we don’t keep coming back to he noted that it is the poorest and riculture is in trouble. Our American Congress year after year after year for most vulnerable that bear the brunt of agricultural producers are struggling. I more supplemental appropriations? these policies. think it is worthy that we examine That is what we must stay focused on. Hurting everyday people is not what briefly what has caused this difficulty. We find those long-term solutions in this country is about. Such suffering Good weather over the last 3 years opening up more opportunities for our attributed to our great nation is un- has led to worldwide record grain farmers and our ranchers to sell the conscionable. Even in Iraq, where yields, which has created a large over- products. stringent international sanctions have supply and significantly reduced grain Our producers need more open mar- been imposed, there is an international prices. Other important causes for kets. While we need to adjust parts of

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12472 CONGRESSIONAL RECORD — SENATE October 13, 1999 Freedom to Farm and we need to do This reform also strengthens the ties This is important legislation we de- that to make it work better, the basic among peoples and nations and dem- bate today and will vote on this after- underlying principle of Freedom to onstrates the goodness and the hu- noon. It provides much needed assist- Farm should be preserved. And the manitarianism of the American people. ance at a very critical time in the agri- basic underlying principle of Freedom It sends a very strong, clear message to cultural community. I hope we will to Farm is plant to the market, let the our customers and our competitors pass this conference report today and market decide. around the world that our agricultural the President will sign it, so we can get In order to become more efficient and producers will be consistent and reli- our farmers and ranchers the assist- to produce for a growing market, we able suppliers of quality products. The ance they need. Then this body can must give the producers the flexibility American agricultural producer can move on to do the important business to grow what they want when they compete with anyone in the world. of our Nation and the important busi- want: Grow for the market, not what Passing sanctions reform legislation ness of our agricultural community, the Government dictates or what the will open up new markets, and it will connected to the total of who we are, Government manipulates. allow our agricultural producers to as a nation and as a global leader, and We need to adjust transition pay- compete in markets around the globe. I that is paying attention to the issues ments to make them more useful in am hopeful we will move forward on of trade and foreign policy, sanctions times when cash flows are tight, when comprehensive sanctions and trade re- reform, and all that is connected to the they are needed, not just arbitrary: An- form legislation early next year. This future for our country and the world as other supplemental appropriation. Pay- must be a priority. It should be a pri- we enter this next millennium. ment levels may need to be adjusted ority. It is a priority, and it is a bipar- I yield the floor. annually, that is the way it is, to take tisan priority. The PRESIDING OFFICER. The Sen- into account such things as the value As Senator DURBIN mentioned ear- ator from Montana. of the U.S. dollar, export opportunities, lier, if you look at those 70 Senators Mr. BAUCUS. Mr. President, I com- natural disasters, actual production who voted in favor of lifting sanctions pliment and thank my good friend from levels, and other factors. on food and medicine, they represented Nebraska for his statement on this Ag- Loan deficiency payments have prov- the majority of both the Republican riculture conference report. en a useful tool for farmers, but we and the Democratic Parties in this Nebraska is an agricultural State. As need to build into that more flexibility body. That is a very clear message that my colleague from Montana, the Pre- so producers can quickly respond to this is a bipartisan issue. We should siding Officer, knows, Montana is also changes in the market. capture the essence of that bipartisan- an agricultural State. I see on the floor The Crop Insurance Program is crit- ship and let that lead us next year as the chairman, my good friend from ical to the future of our ag producers. we should, and we will, make consider- Mississippi. Mississippi is also an agri- The Crop Insurance Program needs to able progress in trade and sanctions re- be expanded and reformed so producers cultural State. Every State is an agri- form. cultural State—some more than oth- can be more self-reliant during eco- Regulations continue to add to the ers, of course. nomic downturns. We need to focus on cost of production to farmers and But I must say about the statement private-sector solutions rather than ranchers. Regulatory reform is critical. the Senator made—in most respects I public-sector solutions. We need to look at all the regulations agree with him—it was a good one. The United States needs a relevant currently on the books and make sure Essentially it comes down to this. A and a vital trade policy that addresses they are based on sound science and, lo lot of farmers and ranchers are suf- the challenges of the 21st century. We and behold, common sense. need WTO accession for China, trade We need to look at tax reform. In 1996 fering very dire economic consequences and sanctions reform, and more inter- when the Congress passed and the because of low prices in the main but national food assistance programs. President signed Freedom to Farm, also because of bad weather, because of WTO negotiations also need to address two promises were made by Congress to disaster, droughts, or in many cases unfair manipulation and other trade our agricultural producers: We would floods. The hurricane, for example, barriers that hurt America’s farmers comprehensively deal with the impor- that came up the east coast not too and ranchers. We are currently work- tant dynamics of tax reform and regu- long ago has devastated a lot of eastern ing our way through the beef hormone latory reform. We have failed to do so. American farmers. Those States are issue. The WTO has consistently come We have failed to address comprehen- not part of the farm program but, nev- down in favor of the American pro- sive tax reform and regulatory reform, ertheless, have heavy agricultural seg- ducer, yet we still find the Europeans aside from what we have discussed, not ments in their economy and have been throw up artificial trade barriers. dealing with sanctions and trade re- damaged significantly. We have a con- These are big issues, important issues. form either. We need to look at tax re- ference report in front of us which pro- Trade must be a constant. It must be form. For example, farm and ranch risk vides about $8.7 billion in emergency elevated to a priority in the next ad- management accounts, FARRM ac- aid. Most of that goes to Midwest farm- ministration. The next President must counts, reduction in capital gains ers, western farmers, and not enough put trade on the agenda, and he must rates, elimination of estate taxes, in- goes to the northeastern farmers. That lead toward accomplishment of that come averaging, and other constructive is regrettable. agenda. actions are all measures that take us, There is not enough in this con- As my friend, the distinguished Sen- move us, get us to where we want to be. ference report that takes care of East- ator from Illinois, noted earlier, I, too, This conference report includes an ern and Northeastern agriculture. am disappointed this conference report important new provision we have not There should be. I hope we can figure does not contain the Ashcroft-Hagel- seen in past Agriculture appropriations out a way to provide for those in agri- Dodd sanctions reform language, which bills, the mandatory price reporting culture in the Eastern and North- passed this body, as noted by the dis- provision. This is important for live- eastern parts of the United States be- tinguished Senator from Illinois, 70 to stock producers. It allows for market cause they are not sufficiently pro- 28—70 votes in favor of lifting unilat- transparency, it levels the playing vided for in this bill. eral sanctions on food and medicine. I field, and ensures fairness. We also Nevertheless, for most of America, am confident we can move forward on need to look hard at other issues like this bill does help. It just helps. It does this legislation. We will come back to industry concentration and meat label- not do much more, but it helps relieve it when it soon comes, again, to the ing to ensure that markets remain a lot of the pain that farmers—when I Senate floor for consideration. The free, fair, and competitive. say farmers, I mean grain producers Ashcroft-Hagel-Dodd bill would exempt While we deal with short-term crises, and livestock producers—are facing. food and medicine from unilateral we also need to work consistently, dili- It is an old story. It has not changed. sanctions and embargoes. It is sup- gently on the long-term improvements Agriculture is in a special situation; ported by the American Farm Bureau focused on trade, and sanctions, and namely, it suffers the vagaries of and the entire American agricultural taxes, and regulatory reform, and agri- weather; it suffers the vagaries of the community. cultural policy. market price. Most businesses today do

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12473 not have that to worry about. Most lost trust? How do we begin to regain, Let’s get over the ideology of Free- businesses today can control the prices in some sense—some are going to dis- dom to Farm, the ‘‘freedom to fail.’’ they pay for their products. To some pute a little of this—those times in the Those are nice sounding words. All of degree, they can control the prices for older days when there was a little more us have heard them hundreds of times. which they sell their products. There is cooperation? How are we going to do I say let’s forget the words and figure a lot more stability in most other in- that? out a way to design a safety net. It is dustries compared to agriculture. Basically, it takes leadership. It not going to happen this year because Because of the instability in agri- takes leadership by Senators; it takes there is not enough time. I ask us all, culture, again because farmers and leadership by the leadership. It means when we are home during the recess, to ranchers have virtually no control over standing above matters a little bit, be thinking about this and thinking the price they get for their products standing back and getting a perspec- about a way to get a square peg in a and because the costs they pay for all tive, remembering why we are here, re- square hole or a round peg in a round of their supplies and implements keep membering what really counts. And hole and find a solution. I guarantee, rising—and they have virtually no say what really counts is serving our peo- the best politics is really the best pol- about that—agriculture is getting ple without a lot of fanfare rather than icy; that is, if we enact something that squeezed more and more each year. trying to make a lot of big fancy state- makes sense, then all the Republicans That is the problem, particularly when ments. and all the Democrats can say: Yes, we there is a natural disaster on top of it. I am reminded of a former Senator did something good. And the people at This Senate has not done a very good from Montana, Mike Mansfield. Mike home are going to be very happy for job in addressing this problem. There Mansfield, who was majority leader for that. They care much more about that are a lot of fancy speeches about we 17 years —he was leader longer than than who is blaming whom for not get- have to do this and we have to do that. any other Senator has ever been leader ting the job done. I have made some of them. All Sen- in this body—was the kind of person— I do not know why I have to say that. ators in this Chamber at the present and that is probably why he was leader It is so obvious. I guess I say it because time have made some of them. I am not for so long—who basically worked to it is still not done. blaming us all, but I am giving us all a get things done but did not crow about We, obviously, have to address crop little bit of a reminder that we have it and did not try to take a lot of credit insurance. We want a Crop Insurance not followed up our speeches enough for it. He was a guy who wanted to get Program essentially so farmers and with action. It is hard. It is very hard things done to serve the people and to ranchers can make their own decisions to know what the solutions should be, serve the right way, not play politics, and know how much they should be in- but we still have not found the solu- not play partisan politics. In fact, sured. We want a program that works tions. We are elected to find the solu- there is a new book coming out about and covers a lot more than the current tions. That is why we run for these Mike Mansfield. If you page through it, program does. jobs, and that is theoretically why peo- you can get a sense of what he was As you well know, Mr. President, be- ple elect us. They think we are going about, and we can take a lesson from cause you and I have spent a lot of to do something about some of the it. time on these issues, we have to have a problems our people face. I am going to list a couple of things much better international trade re- Why haven’t we done more? I submit I know we have to do in the hope that— gime. American farmers and ranchers in large part because this place is so knowing that most agree we have to do are being taken to the cleaners. They partisan. It has become very partisan these things—we somehow get together are being taken to the cleaners com- in the last several years. I am not and start doing something about them. pared with farmers and ranchers world- going to stand here and blame one side One is to get this conference report wide. or the other. I am going to say it is a adopted. It is going to help. It is not One example is this beef hormone fact. Because it is so partisan, there is going to solve all the problems, but it matter. The Europeans for 12 years very little trust, and because there is is going to help. As I mentioned, it have said they are not going to take a very little trust not much gets accom- does not do enough for the North- single ounce of American beef. Why? plished. There is not much trust be- eastern United States or Eastern Because they say our feed lots with tween the majority party and the United States. I very much hope we growth hormones cause disease and White House. When that happens, not can find the time and way to do that. people who eat American beef—Ameri- much gets accomplished. In addition, we do need to address the cans eat it all the time and other peo- Our Founding Fathers set up a form longer term; that is, some kind of a ple do, too—has an adverse health ef- of government of divided powers. We safety net. There has been a lot of de- fect on European consumers. It is a to- are not a parliamentary form of gov- bate—most of it has been ideological— tally bogus issue, totally. Europeans ernment. We are a divided government. over Freedom to Farm. It is basically know it; we know it. But for 12 years, We have the executive branch and the an ideological debate. Most farmers they still have not taken any beef. legislative branch, the two Houses of and ranchers do not give two hoots What do we do? We bring an action Congress, and people have to get along about ideology. Most farmers and before the World Trade Organization. if we are to get something accom- ranchers just want some basic pro- What happens? The World Trade Orga- plished; people have to work together if gram, structure, or something that ad- nization agrees. They sent it to an we are going to get something accom- dresses the bottom so there is some international scientific panel which plished. kind of a safety net. concluded the Americans are right and Too often, people in the House and We are not talking about a handout. the Europeans are wrong. They sent it the Senate, and probably the executive Nobody is talking about a handout. We to a second scientific panel. It came to branch as well, run to the newspapers, are not talking about some solution the same conclusion. All the scientific they run to the press back home and where farmers are given an absolute panels came to the same conclusion. they make all these high-sounding guarantee they are going to make Europe still says no. statements to make themselves look money or absolute guarantee they are The WTO says that we have a right, good and the other side to look bad. going to make a profit. But we know as Americans, to impose tariffs on Eu- They are trying to claim credit for because of weather conditions—some- ropean products, on the value of the doing the good things and basically times it rains too much, sometimes not beef that is not going into Europe, so saying the other guys are doing the bad enough, sometimes there are floods, we do. Europeans say: Fine, we will things. sometimes droughts, sometimes the just pay; we still won’t import any That is where we are. There is not a market falls to the bottom—we need a beef. That is one of many examples person listening to my remarks who floor to basically prevent people from where we are getting stiffed because does not disagree with that. That is ex- going out of business—not to make a there is not a way, there is not lever- actly where we are. profit but prevent them from going out age, there is not a regime for us to The question is, How do we get out of of business because we know how im- stand up for what is right for American this? How do we start to regain some portant agriculture is to our country. farmers.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12474 CONGRESSIONAL RECORD — SENATE October 13, 1999 And take the state trading enter- The leverage I suggest is the WTO whatsoever, for the Senate to disregard prises, the Canadian Wheat Board, the ‘‘trigger,’’ as I call it, the export sub- the views of the President of the Australian Wheat Board. We still have sidy trigger. This legislation I have in- United States to bring up the Com- not solved that problem. troduced essentially provides that if prehensive Test Ban Treaty knowing it We will face a huge problem, too, in the Europeans do not reduce their agri- is going to fail. It makes no sense. It is the coming years with respect to Eu- cultural subsidies by 50 percent in a irresponsible. It is tragic. I cannot be- rope. Europeans are getting on their couple years, then the United States is lieve the Senate will let that happen. I high horse about genetically modified directed to spend EEP dollars in a like cannot believe it because of the obvi- organisms. It is going to be a huge amount. If they do not eliminate them ous signal it is going to send around problem with Europe. To make matters in another year, then the United States the world. even worse, Europe is starting to feel is directed to spend several billion dol- What is that signal? The signal is: its oats. I think it is kind of upset with lars in EEP directed and targeted ex- The United States is abrogating its the United States because they see the actly at European producers, the Euro- leadership. The United States is stick- United States as this big country. I pean countries. So that is one bit of le- ing its tail between its legs and run- think the war in Yugoslavia has exac- verage. ning away. It is leaving the scene. It is erbated things a little bit because the I am also going to introduce legisla- not being a leader. I cannot believe the European defense establishment did tion soon. It is agricultural surge legis- Senate will allow that treaty to come not provide the sophisticated materiel lation, to prevent farmers from suf- up knowing it is going to be a negative that was needed there. So now they fering so much from import surges vote. want to build up their defense estab- from other countries to the United I do not know what planet I am on— lishment. It is wrapped up in an awful States. We need action such as that Mars, Pluto, Jupiter—to think of what lot of issues. and then to sit down calmly and coolly the Senate could possibly do today. It And it is OK for Americans to criti- to talk with the Europeans, talk with is outrageous. cize the Europeans for their failure to the Chinese and the Japanese and the While I am on that point, let me be straight and have a level agricul- Canadians, to find a solution. speak toward bipartisanship just brief- tural playing field. I might add, for ex- There are a lot of other things we ly. It used to be when the President of ample, their export subsidies are out of need to do to help our farmers. Many the United States had a major foreign this world. European export subsidies have talked about the concentration of policy request of the Congress, politics are about 60 times American export the beef packing industry, and they are would stop at the water’s edge. Politics subsidies for agriculture—60 times. Our right; there is way too much con- would stop because it would be such an EEP is about $300 million, $200 mil- centration of the beef packing indus- important national issue, and the Con- lion—I do not think it is ever used— try, which is hurting our producers. gress—Republicans and Democrats— whereas their export subsidies are gar- There is labeling in this bill that helps. would work together on major foreign gantuan. Do you think Europeans, out of the There is one big omission. Seventy policy issues. goodness of their heart, are going to Senators voted to end the unilateral There is plenty of opportunity for lower their export subsidies? No way. sanctions on food and medicine. The politics in the United States. There is No way. We know that no country al- conferees disregarded the views of 70 plenty of opportunity—too much. It is truistically, out of the goodness of its Senators. They took that out. I do not highly irresponsible for the Senate to heart, is going to lower their trade bar- know why. It does not make any sense stick its thumb in the eye of the Presi- riers. The only way to lower trade bar- why the conferees took that out of this dent of the United States when the riers is when there is a little leverage. conference report, particularly when 70 President of the United States requests So we have to find leverage in the Senators, on a bipartisan basis, said, that there not be a vote on the Com- usual way. hey, we should not have unilateral prehensive Test Ban Treaty, whatever What I am saying is we have a huge sanctions on medicine and food; it his reasons might be, and say: We don’t challenge ahead of us; that is, to try to should not be there. I wish they had care what you think, Mr. President; figure out—hopefully, in a noncom- not done that. Clearly, we have to find we’re going to vote anyway because we bative way —how to deal with Europe. a way to get that passed. want to knock this thing down. There are many issues with Europe, I will stop here, Mr. President, be- I just cannot believe it. It is just be- and they are just getting more and cause I see a lot of other Senators on yond belief. more complicated—whether it is Air- the floor who wish to speak. But I I very much hope that later on today bus or whether it is air pollution rules. strongly urge a heavy vote for this con- and in future days, Senators will think They will not take our planes now be- ference report and in a deeper sense— more calmly about this, exercise a lit- cause they say our airplanes pollute because obviously it is going to pass— tle prudence, and do what Senators are Europe. They are just huge issues. Ba- calling upon us to back off from the elected to do; that is, be responsible sically, they are economic issues. And partisanship. Let’s start to think as and do what is right, not what is polit- the economic issues are also very heav- men and women, as people. We are sup- ical. ily agricultural. posed to be educated. We are supposed Mr. President, I yield the floor. We have to figure out a way. It takes to be smart. We are supposed to be f leaders in a certain sense. Let’s do it. leadership from the President. It takes AGRICULTURE, RURAL DEVELOP- some cool-mindedness in the House and Let’s act as grownups, adults, problem MENT, FOOD AND DRUG ADMIN- the Senate, on both sides of the aisle, solvers. That is all I am asking. It is ISTRATION, AND RELATED to try to figure out some way to crack not a lot. Over the recess, I hope we AGENCIES APPROPRIATIONS this nut. It is going to be a very dif- think a little bit about that, so when ACT, 2000—CONFERENCE RE- ficult nut to crack, but it has to be if we come back next year, we can start PORT—Continued it is going to help our farmers because to solve some problems. right now our farmers are being taken f The PRESIDING OFFICER (Mr. BUN- advantage of by the Europeans—pure NING). The Senator from Maryland. and simple. Nobody disputes that. COMPREHENSIVE NUCLEAR TEST- Mr. SARBANES. Mr. President, I rise It is up to us to try to figure out a BAN TREATY in opposition to the conference report way to solve that one. I know that the Mr. BAUCUS. Mr. President, on one on the fiscal year 2000 Agriculture ap- more we criticize Europe, the more it other matter, although I told the Sen- propriations bill. I regret very much makes us feel good, but it probably ator from Mississippi I would not ad- having to do this because I appreciate causes Europeans to dig their heels in dress this subject, I am going to do so the fact that all across our country, a little more, and I do not know how very briefly. That is the other matter farmers are in need of assistance. I rec- much it will get the problem solved. before the Senate today, the Com- ognize that it is important to try to We have to find leverage and some prehensive Nuclear Test-Ban Treaty. get some of these programs out to commonsense way to go about it and This is a no-brainer. It is an absolute them. But I am very frank to tell the deal with this issue. no-brainer. It makes no sense, no sense Senate that I think the conference

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12475 badly overlooked the pressing problems We wrote to the conferees, a number is harmful to our region. By failing to which the farmers in the Northeast and of us from this region of the country, adopt option 1–A and disallowing the the Mid-Atlantic are facing. I can’t, in asking them to consider the following extension of the authorization of the good conscience, support a bill which measures. I regret that very little Northeast Dairy Compact, the con- simply fails to take into account the weight was given to this request. All of ference agreement has left our dairy situation with which we are con- them, I think, are exceedingly reason- farmers confronting a situation of in- fronted, a situation which is unparal- able requests, and had they been ad- stability. Milk prices have been mov- leled. dressed, it would have affected, obvi- ing up and down as if they were on a Steven Weber, President of the Mary- ously, the perspective I take on this roller coaster. Our dairy farmers have land Farm Bureau, was recently quoted legislation. been subjected to wide and frequent as saying: We asked the conference committee swings, which place our dairy pro- This is not just another crisis. This is the to consider the following measures: ducers in situations where they don’t worst string of dry summers and the worst First, crop loss disaster assistance pro- have the cash-flow to meet their costs run of crop years since the 1930s. Talk to the grams that provide direct payments to in a given month. The price goes up; old-timers. They haven’t seen anything like producers based on actual losses of 1999 the price comes down. It takes an enor- it since they were young. plantings. These payments could be Our farmers have been absolutely dev- mous toll on the industry in our State astated by the weather we have experienced, drawn from the Commodity Credit Cor- and elsewhere in the east. not only over this past farming season but in poration funds without an arbitrary As a result of these fluctuations, the previous ones leading up to it as well. We limit. The arbitrary limit currently in number of dairy farmers in Maryland face a very pressing situation.’’ the agreement precludes comprehen- has been declining markedly over the In addition, I think this bill fails to sive assistance and delays the avail- last 2 decades. We fear that if this proc- address the needs of our dairy farmers. ability of the assistance. We asked that ess continues, we are going to see the I will discuss that issue subsequently. yield loss thresholds and payment lev- extinction of a critical component of First, I want to address the disaster as- els be determined in advance so the our dairy industry and the farm econ- sistance. payments can be made to producers as omy; that is, the family-run dairy Most of the disaster assistance that soon as they apply, rather than pro- farm. Indeed, my concern is primarily is available under existing programs is viding a fixed amount which would re- focused on family farmers and on sus- in the form of low-interest loans for quire all producers to apply before a taining their presence as part of the those who have been rejected twice by payment factor can be determined and dairy sector. commercial lenders. What this ap- payments can be issued. We asked for The Maryland General Assembly proach fails to recognize is that our this measure because these farmers passed legislation to enable Maryland farmers have been hit with a double need the help now. They need it quick- to join the Northeast Dairy Compact. whammy. First of all, they had the low ly. They are under terrific pressure. They also took measures in that legis- commodity prices which farmers all Secondly, we asked the committee to lation to ensure that the interests of across the country have confronted; consider sufficient livestock feed as- consumers, low-income households and and in addition, in our particular situa- sistance, which addresses losses in pas- processors, would be protected when a tion, our farmers were confronted by ture and forage for livestock oper- farm milk price was established. In severe drought problems, as I have in- ations, provides direct payments to fact, a representative from those dicated, unparalleled in the memory of producers based on a percentage of groups would be on the compact com- those now farming for more than half a their supplemental feed needs, deter- mission, as well as from the dairy in- mined in advance to speed payments century. Low-interest loans simply dustry itself. Other states that are a and avoids prorating. won’t work to address the collective part of the Compact or want to partici- and drastic impact of these factors. Thirdly, we requested the conference to consider credit assistance which ad- pate have taken the measures to pro- Recognizing that, we sought substan- tect same interests. And we believe tially more and more direct disaster dresses the needs of producers who have experienced natural and market this established a reasonable solution assistance in the Conference Agree- to provide stable income for those in ment. And the response that the Con- loss disasters. Fourthly, we asked the conference the dairy industry, particularly family ferees made to this request—the $1.2 dairy farmers. billion that is in this bill—is clearly in- for adequate funding to employ addi- tional staff for the Farm Service Agen- But the conference denied what I re- adequate. The Secretary of Agriculture cy and the National Resource Con- gard as a fair and reasoned approach— estimated that in the Northeast/Mid- servation Service so they could swiftly in refusing to extend the authorization Atlantic, we needed $1.5 to $2 billion and expeditiously implement various of the compact, and therefore, com- just for those States alone. Never assistance programs at the State and mitted our region’s dairy industry to a mind, of course, comparable damage, local level. continuance of this unstable and vola- either drought or floods, that have oc- Finally, we requested cooperative tile environment. curred in other parts of the country and/or reimbursable agreements that Mr. President, agriculture is an im- which also need assistance. Indeed, it would enable USDA to assist in cases portant economic actor in the state of should not be our goal to identify an where a State is providing State-fund- Maryland. It contributes significantly amount of funding where we have to ed disaster assistance. to our State’s economy. It employs take from one to give to the other. All of these, had they been responded hundreds of thousands of people in one These states need assistance as well. to as we sought, would have given us way or another. We really are seeking, What we are arguing is that this pack- an opportunity to address the situation I think, fair and equitable treatment. I age ought to be comprehensive enough in our region, not only in a forthright don’t think this legislation contains a to meet the needs in the agricultural manner but one that would accommo- fair and equitable solution for the cri- sector all across the country. I appre- date the pressing crisis which we con- sis that faces farmers in the Northeast ciate that other parts of the country front. As we indicated, this crisis has and Mid-Atlantic states. Indeed, it have been hit with droughts and floods reached overwhelming proportions. We seems to ignore the fact that we have and that we must address these needs risk losing a substantial part of the re- farmers as well. The only farmers in as well, but the amount provided in gion’s critical agricultural sector. The the country are not in sectors other this conference report for disaster as- measures in this conference report, I than the Northeast and Mid-Atlantic sistance is clearly inadequate to ac- regret to say, are not sufficient, nor and the needs of all of our farmers complish this goal. The amount that sufficiently focused on the needs of the should have been addressed in this leg- this legislation provides and that Eastern States to address their prob- islation. which will eventually make its way lems. That is one major reason I oppose The Farm Bureau has written me a into the Northeast/Mid-Atlantic States this conference report and will vote letter urging a vote against adoption of will not enable us to confront the prob- against it. the conference report. I ask unanimous lem bleakly staring our farmers in the Secondly, this conference report consent that this letter be printed in face. deals with the dairy issue in a way that the RECORD at the end of my remarks.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12476 CONGRESSIONAL RECORD — SENATE October 13, 1999 The PRESIDING OFFICER. Without of his home State of Maryland. In a eastern part of the United States. It objection, it is so ordered. moment, I will explain why I also have was the worst drought that has hit our (See Exhibit 1.) serious reservations about this bill. region in decades. Congressional dele- Mr. SARBANES. They write: But his point that the New England gations throughout the region have Maryland Farm Bureau believes that many States, the Northeast, contribute sig- consistently supported our colleagues of the provisions in the economic disaster re- nificantly to the agricultural well- in other regions when their States have lief package are important and necessary. being of this country is well founded. suffered catastrophic floods, hurri- We are concerned, however, that the adop- I know Secretary Glickman came to canes, and earthquakes. We don’t un- tion of the conference report as drafted will Maryland and he came to Connecticut derstand why it is so difficult for the not meet Maryland’s drought disaster needs. during the drought this past summer. eastern part of the country to convey We also believe that the absence of the Op- The exact number eludes me, but it tion 1A dairy language will have long-term to our colleagues how massive the dev- was surprisingly high, the number of astation has been to our small farmers. negative impacts on the State’s dairy indus- farmers and the significant portion of try. As I have said, in my State alone, it is agricultural production that occurs $41 million. In other States, the num- I agree with that. We should reject east of the Mississippi and north of the this package, go back to conference, bers may be higher. I represent a small Mason-Dixon line, or near north of the State. and develop a package that addresses Mason-Dixon line. the dairy issue, allows us to develop The dairy industry is one of the So when we talk about these issues, major agricultural interests in our re- the compact to give some stability and it may seem as if it is more sort of gion. It has gotten a double hit in this diminished volatility in the industry, hobby farms to people, but for many legislation—inadequate drought relief and also increases the drought assist- people in Maryland and for the 4,000 assistance and the exclusion of provi- ance package so it adequately and di- people in Connecticut who make a liv- sions that would have extended the rectly meets the needs of the farmers ing in agriculture—these are not major Northeast Dairy Compact. On top of of our region. agricultural centers, but in a State of the drought losses, our farmers will The conference agreement should 3.5 million people, where 4,000 families lose an additional $100 million if the have done better by these very hard- annually depend upon agriculture as a new milk marketing pricing goes for- working men and women, these small source of income, it is not insignifi- farm families. And because it has not— cant. ward. While I am heartened by the recently as much as I appreciate the pressing So when you have a bill that vir- issued court injunction postponing the needs of agriculture elsewhere in the tually excludes people from Maryland, implementation of the new pricing country, and as much as I, in the past, Connecticut, Rhode Island, Massachu- scheme, quite frankly, this is only a have been supportive of those needs— setts, and Pennsylvania from receiving short-term solution and is no sub- we in the region must take measures to some help during a time of crisis, I stitute for affirmative action taken by have our farmers’ needs addressed in hope our colleagues who come from the the Congress. Northeast dairy farmers the current context. We have experi- States that benefit from this bill, who are deserving of the same kinds of as- enced a very difficult and rough period I know have enjoyed the support of the sistance we offer to the agricultural for Maryland agriculture, and for agri- Senator from Maryland, this Senator, sectors in other parts of the country. I culture generally in the Northeast and and others during times of crisis, be- believe it is grossly unfair that this Mid-Atlantic. Because this crisis is not cause we have seen a flood in the Mid- conference report has chosen to ignore adequately addressed in this con- west, or a drought in the Midwest, or their plight. ference report, I intend to vote against cyclones and hurricanes that have dev- We should not be placing one part of it. astated agriculture in other parts of the country against another. I don’t I yield the floor. our country—I never considered my want to see a midwestern farmer or a EXHIBIT 1 voting to support people in those areas as somehow a regional vote. When I western farmer be adversely affected MARYLAND FARM BUREAU, INC., by votes we cast here. But, likewise, I Randallstown, MD, October 12, 1999. vote to support a farmer who has lost his livelihood because of a natural dis- don’t want to see farming interests in Hon. PAUL SARBANES, my State or my region of the country U.S. Senate, Washington, DC. aster, I think I am voting to strength- DEAR SENATOR SARBANES: I am writing to en my country, not to help out a par- be harmed as a result of our unwilling- urge you to vote against adoption of the con- ticular farmer in a State that I don’t ness to provide some relief when they ference report on Agricultural Appropria- represent. absolutely need it to survive. tions when it is considered on the floor to- So when we have a drought in the Inadequate drought relief and the ex- morrow. Northeast, as we did, a record drought clusion of the Northeast Dairy Com- Maryland Farm Bureau believes that many this year that wiped out farmers, pact would be reason enough to vote of the provisions in the economic disaster re- caused them to lose significant income, against the legislation before us today. lief package are important and necessary. But I want to raise another issue that We are concerned, however, that the adop- to lose farms and the like, and then to tion of the conference report as drafted will have a bill that comes before us that has caused a lot of consternation dur- not meet Maryland’s drought disaster needs. disregards this natural disaster—in my ing the debate on this Agriculture ap- We also believe that the absence of the Op- State, $41 million was lost as a result propriations bill. I am referring to the tion 1A dairy language will have long-term of the drought—I am disappointed. My amendment offered by the distin- negative impacts on the state’s dairy indus- colleagues may have stronger words to guished Senator from Missouri, Mr. try. use. I am terribly disappointed, as ASHCROFT, myself, and Senator HAGEL I urge you to vote to send the agricultural someone who, year after year, has been of Nebraska. The House leadership lit- appropriations conference report back to the erally hijacked this piece of legislation conferees with instructions that they add supportive of particular agricultural the Option 1A dairy language and that they needs, although I didn’t directly rep- and denied the normal democratic increase the drought assistance package to resent them, that our colleagues in the process to work when it came to this adequately meet the needs of mid-Atlantic House and Senate could not see fit to measure that was adopted overwhelm- farmers. provide some financial help beyond, as ingly in the Senate by a margin of 70– Sincerely, my colleague from Maryland said, the 28—by any measure, an overwhelming STEPHEN L. WEBER, loan program, which is not much help. vote of bipartisanship. This measure President. We don’t have crop insurance for my would have ended unilateral sanctions The PRESIDING OFFICER. The Sen- row croppers. The small farmers don’t on the sale of U.S. food and medicine to ator from Connecticut is recognized. get crop insurance. When they get countries around the globe. Mr. DODD. Mr. President, before the wiped out or lose income, they have to The amendment had broad-based sup- Senator leaves the floor, I commend depend upon some direct payment. A port from farm organizations across my colleague for his comments. He loan program is of little or no assist- the country which, time and time could have easily been speaking on be- ance to them. again, have been forced to pay the half of the State of Connecticut in I am terribly disappointed that this price of lost income when Congress has talking about the particular concerns bill excludes those farmers from the decided to ‘‘get tough’’ with dictators

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12477 and bar farm exports. Farmers, over Before I make any comments about that presents itself, and we will con- the years, have rightfully noted that, the island of Cuba and what goes on tinue to do so. The day is going to although in some cases sanctions have there, I want it to be as clear as I can come when a majority of the Congress been in place for 40 years, there is possibly make it that my sympathies, and the will of the American people, in- nothing in the way of positive foreign my heartfelt sympathies go to the ex- cluding the Cuban Americans, I strong- policy results to show for these sanc- iled community that lives in this coun- ly suggest, is going to prevail. tions. try and elsewhere. Their passions, I un- On that day, the United States will On the other hand, the losses to our derstand and accept, and I am tremen- regain a moral high ground by ceasing farmers are measurable and substan- dously sympathetic. forever to use food and medicine as a tial—in the billions of dollars annu- But I must say as well that there are weapon against innocent people. ally—as a result of these unilateral 11 million Cubans who live on that is- I argue, as Senators ASHCROFT, sanctions on food and medicine we land 90 miles off our shores who are HAGEL, GRAMS, and others, that the have imposed for years. suffering and hurting badly. Arguably, adoption of amendments that would Church groups and humanitarian or- the problem exists with the govern- allow for the lifting of unilateral sanc- ganizations have joined farm organiza- ment there. I don’t deny that. But to tions on food and medicines will also be tions in strongly opposing use of food impose a sanction for 40 years on the a major contributing factor to chang- and medicine as sanctions weapons on same of food and medicine to 11 million ing governments in these countries. moral grounds. people in this country also is not war- Aside from helping out farmers and Ironically, U.S. sanctions—particu- ranted. businesses that want to sell these prod- larly ones on food and medicine—have While we may want to change the ucts and the innocent people who can’t been used as an instrument by hostile government in Cuba—and that may have access to them in these countries, governments to shore up domestic sup- happen in time—we shouldn’t be I believe the foreign policy implica- port and retain power, the very power compounding the problem by denying tions of allowing the sale of food and that we are allegedly trying to change the sale of food and medicine to these medicine will be significant for our through the use of sanctions actually people. country and for the people who live having contributed to these dictators Many people say they won’t set foot under dictatorial governments. staying in power for as many years as on Cuban soil while Castro remains in For those reasons, and what is being some of them have. Whether or not the power. I understand that as well. But denied our farmers and agricultural in- United States is fully responsible for don’t deny the 11 million people in terests in the State of Connecticut and the suffering of these men, women, and Cuba the opportunity to at least have elsewhere in the Northeast, and the re- children in these targeted countries, it basic food supplies and medicine. It jection of the Ashcroft-Hagel-Dodd is hard to convince many of them that seems to me that—in fact I believe—a amendment, I will oppose this con- the United States means them no ill majority of the Cuban American people ference report, and I urge my col- will when we deny them the access to in this country have similar feelings. leagues to do likewise. foodstuffs, critical medicines, and med- Their voices are not heard as often as I yield the floor. The PRESIDING OFFICER. The Sen- ical equipment—the reason seventy of is oftentimes the case when a minority view is extremely vocal and can domi- ator from North Dakota. our colleagues decided to end this pol- Mr. CONRAD. Mr. President, some of nate. But I believe the vast majority of icy of unilateral sanctions on food and our colleagues have denounced the Ag- Cuban Americans feel strongly about medicine. riculture appropriations conference re- Unfortunately, the House Republican Fidel Castro, want him out of power, port as inadequate. I must agree. With- leadership would not allow the process and want democracy to come to their out a doubt this bill is deficient. to work in conference. As a result, this country but simultaneously believe the It fails to acknowledge the full im- bill was tied up for days over this sin- 11 million people with whom they share pact of natural disasters that have gle measure. a common heritage ought not to be de- been experienced by agricultural pro- Again, I compliment my colleague nied food and medicine by the United ducers across the country. from Missouri, Senator ASHCROFT, and States. It fails to include adequate funding Senator HAGEL, who are leaders on To make my point, these Cuban for the drought that has hit the North- this, along with others in fighting for Americans try on their own to do what east. this provision. they can by sending small packages to It fails to provide adequate funding This is not a provision that is de- loved ones and family members and for the hurricane damage to the South- signed to help dictators. It is a provi- friends who live in Cuba. Others travel east and the Northeast. sion to, in fact, change these dictato- to deliver medicines. Some 150,000 It fails to include adequate funding rial governments and to provide needed Cuban Americans travel annually to go for flooded farmland in my own part of relief and opportunity for millions of into Cuba to bring whatever they can the country. people who are the innocent victims of to help out family members and This bill is also deficient in the way these dictators, and not deny our own friends. However, these gestures of gen- it got here because in the conference farm community and business interests erosity are no substitute for commer- committee when it became clear that the opportunity to sell into these mar- cial sales of such products if the public there were going to be steps to change kets and make a difference. They are health and nutritional need of 11 mil- the sanctions regime of this country, prepared, of course, to deny, in the case lion people are going to be met. the minority, the Democrats, were sim- of the major opposition, by the way, Unfortunately, the antidemocratic ply shut out. That is wrong. That which comes from some Members. forces have succeeded in stripping the should not happen. But it did happen. I want to emphasize that some mem- Ashcroft-Dodd-Hagel amendment from So we are left with that result. As a bers of the Cuban American commu- this bill. I hope enough of my col- result partly of that lockout, this bill nity feel particularly strongly about leagues will vote against this legisla- fails to provide the kind of sanctions the government in Cuba. I respect their tion to prevent its adoption. We can reform that ought to have occurred. feelings. I respect it very deeply. These delay a few days, send this measure In 1996 when we passed the last farm families have lost their homes, jobs, back to conference, and reestablish bill, the Republican leadership prom- and family members as a result of the this language that was supported over- ised American farmers that what they government in Cuba under Fidel Cas- whelmingly, and I think supported in lost in domestic supports they would tro. There is no way I can fully appre- the House of Representatives, the other make up through expanded export op- ciate the depth of their feelings and body, as well, and bring the measure portunities. That was a hollow prom- passions about this. As I say, I respect back. ise. The harsh reality is that now the that. If this measure goes forward without prices have collapsed, farmers are in The exile community is not un- the inclusion of the Dodd-Hagel- desperate trouble, and there must be a founded in its deep concerns about Ashcroft amendment, rest assured we Federal response. what has happened on the island of will be back on this floor offering simi- I wish this bill were better. I wish it Cuba. lar amendments at every opportunity contained adequate assistance for

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12478 CONGRESSIONAL RECORD — SENATE October 13, 1999 those who have been hit by hurricanes. Things have gone from bad to worse tunity. That is the great thing about I wish it had adequate assistance for this fall. Farmers were anxious to get the Senate; there is always another farmers who have had their acreage into the field for harvest but were chance. flooded. I wish it had sanctions reform. forced to stay at home and watch the I close by looking at a picture that Food should not be used as a weapon. rain. North Dakota farmers suffered shows what is happening in my State. It is immoral; It is ineffective; and it is through 2 weeks of rain at the end of This is several sections of land in inhumane. But the harsh reality is we August and early September, the key North Dakota. Everywhere you look is are where we are. We have a conference time for harvest. As a result, the com- water, water, water—water every- report that is flawed. Indeed, it is pletion of harvest has been delayed. where. I have flown all over my State. badly flawed. Damage resulting from a delayed har- It is truly remarkable; places that were The easy thing to do would be to vote vest is deducted from prices farmers re- dry for 30 years are now saturated. against this conference report. But it ceive for their crops. At this point, I talked about the price collapse. I would not be the right thing to do. This there is absolutely no way some farm- want to visually show what it is farm- bill is not just about responding to nat- ers will come anywhere close to match- ers are contending with. This chart ural disasters. It also responds to the ing their expenses for this year. We shows clearly what has happened to spring wheat and barley prices over the price collapse that has occurred and simply must pass this bill to allow en- last 53 years. The blue line is spring threatens the livelihood of tens of tire communities to survive. thousands of farmers in my State and I was called by a very dear friend of wheat; the red line is barley. These are across the country. mine 2 weeks ago describing what had two of the dominant crops of my State. The need for emergency income as- happened to him. He was just begin- Today the prices in inflation-adjusted sistance could not be more clear. ning harvest when the rains once again terms, in real terms, are the lowest I can say that in my State many they have been in 53 years. That is the resumed in our State. He had just cut farmers are relying on this bill as their reality. his grain. It was on the ground and the only chance for financial survival. I This chart shows the cost of wheat rains came and continued day after day don’t say that lightly. It is the reality. production with the green line; the red If this assistance is not passed and after day. As a result, that grain that line shows what prices are. Prices have distributed immediately, literally was on the ground sprouted. He had 30- been below the cost of production the thousands of farmers in my State are percent sprout in his fields. He took a last 3 years. This is a disaster scenario going to go out of business. It is that sample into the elevator and the eleva- of its own. This is the reality of what simple. A way of life and the tradition tor said: Don’t even bother trucking is happening in my State. This threat- of farming will be lost in dozens of that in; we aren’t going to buy it at ens the economic future of virtually communities across my State. The any price. every farmer in my State. The price is funding in this bill only meets the That happened all over my State. I far below the cost of production. There most basic needs of our producers. know it has happened in other States, are not many businesses that survive Make no mistake, it is absolutely es- as well. when it costs more to produce the Passing this bill and releasing this sential. Prices for agricultural com- product than is being received—not for funding is absolutely critical for those modities are at their lowest levels in 50 a few months but for 3 years. years in real terms. Wheat and barley farmers who have been so hard hit. Re- The next chart shows a comparison are the lowest they have been in real member, passing this bill does not bar of the prices farmers paid for their in- terms in over 50 years. Farm bank- Congress from doing more in the fu- puts—the green line that keeps going ruptcies are rising; auctions are being ture. We have other opportunities this on—versus the prices that farmers re- held on an unending basis. If nothing year to help those who have been hit ceived. We can see there is a gap and it further is done, thousands of our farm- by a hurricane. There is other legisla- is a widening gap. In fact, the closest ers will go out of the business. That is tion moving through this body that has we came to having these two on the the stark reality in farm country. funds for those hit by hurricanes. That same line was back at the time of the If we fail to pass this bill, we are package can be improved upon. When passage of the 1996 farm bill. Since that going to mortgage the future of lit- we passed the emergency supplemental time, the prices farmers pay have gone erally thousands of farm families. I bill last May, we agreed to revisit agri- up. Thank goodness they have sta- think we should keep in mind this is cultural emergency spending once the bilized somewhat in the last couple of not our last chance to get something extent of the price disaster was known. years, but the prices they have re- done for those who have been so badly We have done that. We can pass this ceived have collapsed. That is the hard hurt, whether it is my farmers who bill now and assess future needs in re- reality of what our farmers confront. have flooded acres, whether it is people sponse to natural disasters while this These are, by the way, statistics from in the Northeast and the Southeast hit assistance is distributed. the U.S. Department of Agriculture. by hurricanes, whether it is farmers in The statement of the managers on I want to conclude by saying we the Northeast hit by drought. There is this bill made several references to the ought to pass this bill. It is not perfect. another chance this year to get addi- need for additional Federal spending In fact, in many ways it is deeply tional assistance. I sympathize with for 1999 disasters. They have recognized flawed. But it is far better than the al- my colleagues from the Northeastern the reality. I hope colleagues on the ternative of nothing. It is far better and Mid-Atlantic States. They are not floor will understand there are addi- than to take the risk of sending this alone. In my State this year, we have tional opportunities to achieve the re- bill back to conference and having it been hit by severe storms, flooding, ex- sult they seek. The answer is not to come back in much worse shape. At treme snow and ice, ground saturation, kill this bill. This bill, however flawed, least we can take this and put it in the mud slides, tornadoes, hail, insects, is a step in the right direction. It bank because this does address the and disease. It is unbelievable what has would be a profound mistake to defeat question of price collapse. It does not happened in my State. it. do a good enough job on the disaster Growing up in North Dakota I always I close by urging my colleagues to side, but we have other opportunities thought of my State as dry. I now fly support this conference report. We had that will come our way before this ses- over much of North Dakota and it an overwhelming vote in the Senate sion of the Congress concludes. looks similar to a Louisiana rice yesterday. It was an important vote to I will end by thanking the Senator paddy. There is water everywhere. Mil- send the signal that this legislation from Mississippi, the chairman of the lions of acres are inundated and were ought to pass. subcommittee, and Senator KOHL, his never planted this year. Our farmers My colleagues in the Northeast are counterpart, for the good job they have planted the lowest level of spring not alone. In many ways, we are in the done under very difficult cir- wheat since 1988, the year of intense same circumstance. We desperately cumstances. Make no mistake, there drought. Yet prices remain very low— need those farmers who have flooded are 100 Senators and there are probably in fact, record lows. Barley production acres to have legislation that addresses 100 different opinions of what agricul- in North Dakota is down 42 percent. their needs. We will have another tural policy should be and what an Ag- Yet prices remain very low. chance. We will have another oppor- riculture appropriations bill should

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12479 look like. But we do respect and ad- we do not turn our livestock producers income collapse, disaster all over mire the work they have done. We into low-wage employees on their own America, with this legislation; and, again thank them for their patience land. I fear that is the road we are hopefully, upon passage of this legisla- and perseverance bringing this bill to going down. tion, we recommit ourselves to going the floor. It deserves our support. We have to address issues of trade, expeditiously forward to address the I yield the floor. value-added agriculture, farmer-owned remainder of these other issues I have The PRESIDING OFFICER (Mr. cooperatives, and crop insurance re- raised, and others of my colleagues VOINOVICH). The Senator from South form. All of these are issues that cry have raised, reflecting upon the inad- Dakota. out for attention, above and beyond equacies and inefficiencies and the Mr. JOHNSON. Mr. President, agri- anything done in this legislation. shortcomings of this legislation. They culture across most of America is in a I do applaud the effort in this bill to are many. But to stop this legislation state of crisis. We are facing incredibly include mandatory price reporting on now would only hasten the demise of low livestock and grain prices, coupled the livestock side. I do applaud some still more family producers all across with weather disasters in many parts modest funding, at least, for my school America. It would not guarantee a re- of the country, all simultaneously. The breakfast pilot project that is included turn to a better policy anytime very legislation before us, as my colleague in this bill. I am concerned, however, soon. We need to pass this bill, then go has noted so ably, is imperfect. Some the process led us to legislation that forward with additional legislation to have referred to it as throwing a leak- involves a distribution process that redress these inadequacies. ing liferaft to a drowning person, and may not be as equitable as what I I urge my colleagues to vote yes on there is some truth to that. But it is think the American public deserves. I passage of this legislation and to work urgent legislation. It is legislation we will quote briefly from an analysis by with us in a bipartisan fashion on the need to move forward because the need the Associated Press, Philip Brasher, remainder of these agricultural issues is immense and the urgency is critical. where he observes: and budget issues before the country. There is certainly no assurance, if we Some of the largest, most profitable farms I yield. were to vote this particular bill down, in the country would be among the biggest The PRESIDING OFFICER. The Sen- that it would be back to us anytime beneficiaries of Congress’ $8.7 billion agricul- ator from Mississippi. soon or that it would come back to us tural assistance package because it loosens Mr. COCHRAN. Mr. President, I yield in a better situation than it is now. rules that wee intended to target govern- 8 minutes to the distinguished Senator I think we need to recognize the in- ment payments to family-size operations. from Alaska. adequacies of the legislation, but at An individual farm could claim up to The PRESIDING OFFICER. The Sen- the same time that we move forward, $460,000 in subsidies a year—double the cur- rent restriction—and the legislation creates ator from Alaska. we do so with a commitment to do bet- a new way for producers to get around even Mr. STEVENS. Mr. President, the ter, still this Congress and in the com- that limit. conference report for the fiscal year ing year, to address the underlying The payment limits apply to two different 2000 Agriculture appropriations bill ad- problems that at least contributed to programs: crop subsidies that vary according dresses one of the most beleaguered the crisis we have in rural America. to fluctuations in commodity prices; and an- fisheries in the United States. The Nor- Faulty agricultural policy brought to nual ‘‘market transition’’ payments, which ton Sound region of Alaska has suf- us by Freedom to Farm, combined with were guaranteed to producers under the 1996 fered chronically poor salmon returns low prices, natural disasters, and weak farm law. Farmers are technically allowed to receive in recent years. Norton Sound is an export markets, resulted in an inad- no more than $75,000 in crop subsidies and arm of the Bering Sea off the west equate safety net—for family pro- $40,000 a year in market transition payments coast of Alaska. It lies to the north of ducers, in any event—across this coun- under current law. But many farms, legally the Yukon-Kuskokwim Delta, which try. claim twice that much because they are di- has also seen very poor salmon returns We have seen net farm income abso- vided into different entities. A husband and in recent years. lutely plummet from $53 billion in 1996 a wife, for example, can claim separate pay- Both of these regions are extremely to $43.8 billion in 1999. Off-farm income ments on the same farm. rural and heavily dependent on com- in many of our States, including mine, The aid package would double those caps, mercial and subsistence salmon fishing so farms could get up to $300,000 in crop sub- South Dakota, is responsible for 80 to sidies and $160,000 in market transition pay- for survival. 90 percent of our family producers ments this year. The provision in the conference re- being able to stay on the farm. If it Last year, about 550 farmers nationwide port addresses the Norton Sound prob- were not for off-farm income, there claimed the maximum amount in crop sub- lem in several ways. First, it will make would be an even more massive exodus sidies, USDA officials said. the Norton Sound region eligible for off the farm and ranch than we are see- Critics of the looser payment rules fear the Federal disaster assistance made ing. they will encourage the consolidation of available to the Yukon-Kuskokwim Are there inadequacies in the bill? farms and hasten the demise of smaller-scale delta region last year. operations. ‘‘Big farms will use the extra Certainly. I commend our colleagues, cash to buy up land from the neighbors, driv- Second, it changes the income eligi- Senator COCHRAN, Senator STEVENS, ing up land prices in the process,’’ said bility standard from the Federal pov- Senator KOHL, and many others, for Chuck Hassebrook, program director of the erty level to that for the temporary as- hard work on this legislation under cir- Center for Rural Affairs in Walthill, NE. sistance to needy families program. cumstances that surely were trying, ‘‘What is the purpose of these farm pro- The standard of living in many of where the level of resources would cer- grams? Is it to help very wealthy, very large these fish-dependent communities is tainly not permit what they would pre- landowners get bigger and get richer?’’ well below the poverty line. This was fer to see happen. Nonetheless, I think These are the kinds of questions and one of the chief complaints voiced to we have to acknowledge we need a re- concerns many of us have. I think they my staff and several Commerce Depart- commitment in this body and from our are profound questions, having to do ment officials when they visited west- friends on the other side of the Capitol with the very nature of agriculture, ern Alaska last summer. This provision to address the underlying structural the very nature of rural America. What will allow more needy families to qual- problems ag faces today. I believe that road we are going down, in terms of ag ify for 1999 disaster assistance, much of involves revisiting the Freedom to and rural policy in America, policy re- which has gone unallocated. Farm legislation. I believe that in- sponsible for feeding so efficiently and Additionally, this bill will provide $10 volves strengthening our marketing so effectively and in such an extraor- million in grants through the Eco- loan capabilities. dinary manner the people of our Na- nomic Development Administration for I would like to see us pass my coun- tion? infrastructure improvements in the try-of-origin meat labeling legislation. But for all its failings and short- Norton Sound region. I am still working with a bipartisan comings, many of which I briefly raised The conference report included is $5 group of colleagues this week to put to- this morning, the fact is there is abso- million in disaster assistance under the gether legislation addressing vertical lute urgency this legislation go for- Magnuson-Stevens Fishery Conserva- integration in the packing industry, so ward, that we address the problems of tion and Management Act to determine

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12480 CONGRESSIONAL RECORD — SENATE October 13, 1999 the cause of the decline and to identify I, frankly do not know what the dis- group making a whole lot of money on ways to improve the area’s fisheries in pute is about. Natural fish, wild fish this issue. They are the huge milk the future. These funds will be avail- should certainly be verified as organic. manufacturers, such as Suiza, or Kraft able in 2001. I am confident that the AMS will which is owned by Philip Morris, or The main reason these communities find Alaskan wild salmon a very heart- other processors represented by the are unable to ride out cyclical fishery healthy protein source, to be of high International Dairy Foods Association. failures is the lack of commercial in- quality and organic, for the purposes of They oppose the compact not because frastructure in rural fisheries. The USDA’s national organic program. they care for the consumers, not be- EDA grants will help provide ice ma- I thank my friend from Mississippi cause they care for the farmers, but be- chines and other equipment to help and yield the floor. cause they care for their own huge, these communities modernize their The PRESIDING OFFICER. The Sen- bloated profits. processing capabilities and extract ator from Vermont. Indeed, they sent around corporate more value from the resources they Mr. LEAHY. Mr. President, I will be front organizations to speak for them. harvest. very brief. I know a number of Mem- One was the Public Voice for Food and I was also pleased to work with my bers are waiting to speak. Health Policy. When it finally became The Governors and legislators in the colleagues from New England on their clear that Public Voice was going six New England States had five goals request for fishery disaster assistance. around fronting for these organiza- in mind when they enacted the North- New England will receive $15 million in tions, and that their policies were de- east Interstate Dairy Compact into law 2001 for cooperative research and man- termined not by what was best for ev- in each of their States. agement activities in the New England erybody but by corporate dollars, they They wanted to assure fresh, local finally went out of business. fisheries. These funds will provide New supplies of milk to consumers. In fact, England fishermen with an important I’ve talked about the close alliances they wanted to do it at lower prices between a lead executive who handled role in working to solve the problems than found in most other parts of the of their own fisheries. compact issues for Public Voice who Nation. They wanted to keep dairy negotiated a job to represent the huge Within this conference report, I have farmers in business, they wanted to also asked that the Agricultural Mar- processors. protect New England’s rural environ- I will give the press another lead on keting Service—the AMS—convene two ment, and they wanted to do this with- national meetings to begin develop- the next public interest group whose out burdening Federal taxpayers. funding should be investigated, the ment of organic standards with respect It turned out the Northeast Inter- to seafoods. One of these meetings will Consumer Federation of America. One state Dairy Compact was a stirring of their officers, formerly from Public be held in Alaska and the other meet- success on every one of these points. ing will be held on the Gulf of Mexico Voice, has been going around Capitol But it also had an added benefit. It in- Hill offices with lobbyists representing coastal area. creased interstate trade into the region The AMS will use the information dairy processors. as neighboring farmers took advantage One might ask why would Philip gathered at these meetings to develop of the compact. Not only did prices Morris want to use these organizations draft regulations establishing national come down, but the number of farmers instead of going directly to the edi- organic standards for seafood to be going out of business has declined torial boards of the New York Times or published in fiscal year 2000. throughout New England for the first the Washington Post to bad mouth the It is estimated that the sales of or- time in many years. We find there are compact? Why not have somebody who ganic foods will reach $6.6 billion by still some who favor having Federal bu- appears to be representing the con- the year 2000. The organic industry has reaucrats run this farm program, at a sumers rather than Philip Morris com- been growing at a rate of 20 to 24 per- cost to the taxpayers, instead of the ing in and talking about it? cent for the last 9 consecutive years. States themselves, with no cost to the The consumer representative, being Ocean-harvested seafood should be at taxpayers. paid by the big processors, could come the same level with other qualifying Because it has been so successful, in and say: Editorial board members, protein commodities, such as beef, half the Governors in the Nation, half milk prices are higher for children in pork, and chicken. I hope that these the State legislatures in the Nation, the School Lunch Program under this protein sources will be included in the asked that the Congress allow their compact. proposed U.S. Department of Agri- States to set their own dairy policies, We ought to compare those prices. culture rules to be finalized by June within certain limits, through inter- Let’s compare the retail milk prices in 2000. Ocean-harvested seafood should state compacts that, again, cost tax- New England against retail milk prices not be excluded as an organically-pro- payers nothing. The dairy compact leg- in the upper Midwest. A gallon of duced product when USDA issues its islation passed in these States over- whole milk in Augusta, ME, was $2.47. final rule. whelmingly. The price was up to 50 cents more in This issue is very important to Alas- Perhaps most significant, and I men- Minneapolis, MN, the area opponents ka, as the harvesting of seafood is an tion this because we have heard those used as an example of how to save industry that employs more Alaskans from Minnesota and Wisconsin attack money. than any other industry. In particular, this, what they do not tell us is that I think we ought to take a look at I am concerned about the inclusion of the retail milk prices in New England these issues because when we hear wild salmon within USDA’s final rule not only average lower than the rest of some of the big companies, such as for the National Organic Program. the Nation, but they are much lower Philip Morris and Kraft and Suiza, say- Wild salmon is an organic product. than the milk prices in Minnesota and ing, well, it’s not the money. But you This past summer, two private certi- Wisconsin. So those in these parts of know, of course, it is the money. When fying firms for organic food products the country who are attacking the they say ‘‘we are here because we’re visited two Alaska seafood processors Northeast Dairy Compact say they are concerned about the consumers,’’ you to determine whether the wild, ocean- concerned about consumers and ignore know—with their track record—that harvested salmon processed at these fa- the fact that consumers pay a lot more the consumer is the last thing on their cilities could be certified as organic. in their States than they do in New mind. And when these processor groups One of the certifiers, farm verified or- England. say they want to protect the farmer ganic, inspected capilliano seafoods. One has to ask, Why does anybody . . . oh, Lordy, don’t ever, ever believe Their report is very positive. In fact, oppose the Dairy Compact? GAO and that, because there is not a farmer in their approval allowed capalliano’s OMB report that consumer prices are this country who would. salmon to be admitted to natural prod- lower and farm income is higher than Lastly, if anybody tells you the dairy ucts east, which is a large organic food the average for the rest of the country, compact will cost you money, I point show in Boston, Massachusetts. In without increased cost to the tax- out, not only does it not cost taxpayers order to be admitted to this trade payers. Why would anybody oppose it? any money, but the cost of milk is show, a product must be verified as or- One of the things I learned long ago much lower than in States without a ganic. is to follow the money, and there is one compact.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12481 Mr. President, the Governors and leg- costs to taxpayers, why does anyone A GAO report, dated October, 1998, islators in the six New England states oppose the Compact? compared retail milk prices for various had five goals in mind when they en- The answer is simple, huge milk U.S. cities both inside and outside the acted the Compact into law in each of manufacturers—such as Suiza, head- Northeast compact region for various their states. quartered in Texas, Kraft which is time periods. They wanted to assure fresh, local owned by the tobacco giant Philip Mor- For example, in February 1998, the supplies of milk to consumers—at ris, other processors represented by the average price of a gallon of whole milk lower prices than found in most of the International Dairy Foods Associa- in Augusta, ME, was $2.47. The price in nation—they wanted to keep dairy tion—oppose the Compact. Milwaukee, Wisconsin, was $2.63 per farmers in business, they wanted to Even the most junior investigative gallon. Prices in Minneapolis, Min- protect the New England’s rural envi- reporter could figure out the answer to nesota, were much higher—they were ronment from sprawl and destructive my question with the above informa- $2.94 per gallon. development, and they wanted to do tion. All anyone has to do is look up Let’s pick another New England this without burdening federal tax- the donations made by these, and city—Boston. In February 1998, the payers. other, giant processors. All the nega- price of a gallon of milk was $2.54 as The Northeast Interstate Dairy Com- tive news stories about the compact compared to Minneapolis which where pact has delivered beyond the expecta- have their genesis in efforts by these the price on average was $2.94/gallon. tions of those Governors and state leg- giant processors and their front organi- Let’s look at the cost of 1% milk for islators. zations. November 1997, for another example. The Compact provided an added ben- I have explained the details of this on In Augusta, Maine, it was $2.37 per efit—it has also increased interstate the Senate floor so scholars who want gallon, the same average-price as for trade into the region as neighboring to know what really happened can Boston and for New Hampshire and farmers took advantage of the Com- check the public records and the lobby Rhode Island. In Minnesota, the price pact. registration forms. was $2.82/gallon. It was 45 cents more This great idea—coming from those Indeed, one of the corporate front or- per gallon in Minnesota. six New England states—has created a ganizations—Public Voice for Food and I could go on and on comparing lower successful and enduring partnership be- Health Policy—apparently could not New England retail prices with higher tween dairy farmers and consumers continue to exist when it was so obvi- prices in other cities for many dif- throughout New England. ous that their policies where deter- ferent months. I invite anyone to re- Thanks to the Northeast Compact, mined by corporate dollars rather than view this GAO report. It is clear that the number of farmers going out of good policy. our Compact is working perfectly by business has declined throughout New A simple glance at the list of cor- benefitting consumers, local economies England—for the first time in many porations who funded and attended and farmers. years. their functions could be easily re- I urge my colleague to vote against It is unfortunate that most still searched by any reporter. It will dem- this bill because, as I mentioned yes- favor federal bureaucrats running the onstrate that sad and disturbing rela- terday, it does not provide enough dis- farm programs—I think Congress tionship—now ended as Public Voice aster assistance to the East and it does should look at more zero-cost state-ini- had to close up shop because it lost its not provide enough disaster assistance tiated programs rather than turning a conscience. to the nation. deaf ear to the pleas of state legisla- I have detailed the close alliances be- Also, I cannot vote for it because it tors. tween their lead executive who handled does not extend the Northeast dairy Indeed, half the Governors in the na- compact issues for them and the job he compact and does not allow neigh- tion, and half the state legislatures in negotiated to represent the huge proc- boring states to also participate. the nation, asked that the Congress essors a couple of times on the Senate It also ignores the pleas of Southern allow their states to set their own floor. Governors who wanted to be able to dairy policies—within federally man- I will give the press another lead on protect their farmers without bur- dated limits—through interstate com- the next public interest group whose dening U.S. taxpayers. pacts that cost taxpayers nothing. funding should be investigated—the Mr. BYRD addressed the Chair. And the dairy compact legislation Consumer Federation of America. In- The PRESIDING OFFICER (Mr. passed with overwhelming support in deed, one of their officers—formerly GREGG). The Senator from West Vir- almost all these states. from Public Voice—is being taken ginia. One of the most difficult challenges around Capitol Hill offices by lobbyists Mr. BYRD. Mr. President, this after- posed by the New England Governors is representing processors. A glance at noon the Senate is scheduled to vote on that the Compact had to cost nothing— who funds their functions and efforts final passage of the fiscal year 2000 De- yet deliver a benefit to farmers. The will be as instruction as investigations partment of Agriculture, Rural Devel- Compact is scored by CBO as having no of Public Voice. opment, Food and Drug Administra- costs to the Federal treasury. Why should Philip Morris or Kraft tion, and Related Agencies Appropria- Major environmental groups have en- want to use these organizations instead tions bill. It is critical that we com- dorsed the Northeast Dairy Compact of directly going to the editorial boards plete action on this bill today to speed because they know it helps preserve of the New York Times or the Wash- assistance to American farmers in farmland and prevent urban sprawl. In- ington Post to badmouth the compact? need. Therefore, I shall vote for the bill deed, a New York Times and a National The question does not need me to pro- and urge my colleagues to support it Geographic article that I mentioned vide the answer. also. yesterday discuss the importance of What would be the best attack— The severe drought that has gripped keeping dairy farmers in business from whether true or not—on the Compact the Eastern United States this year is, an environmental standpoint. that might swing public opinion? by all accounts, the most damaging Perhaps most significantly, retail It might be to simply allege that and prolonged such occurrence since milk prices in New England average milk prices are higher for children in the early 1930s. Just like that period lower than the rest of the nation and the school lunch program. Who would nearly 70 years ago, springs have gone much lower than milk prices in Min- the editorial boards more likely listen dry, streams have ceased to flow, nesota and Wisconsin, according to to regarding school children: a public pastureland and crops have broiled in GAO. interest group or a tobacco company? the relentless Sun until all possible The question is: why does anyone in By the way, I would be happy to com- benefits to livestock or man have America oppose the dairy compact? pare milk prices after the Compact was burned away. In the 1930s the drought Since GAO and OMB report that con- fully implemented. turned much of our Nation’s farmlands sumer prices are lower and farm in- I would be pleased to compare retail into a veritable dust bowl. Modern con- come is higher than the average for the milk prices in New England against re- servation practices today may have rest of the country, without increased tail milk prices in the Upper Midwest. helped to reduce the erosion by wind,

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12482 CONGRESSIONAL RECORD — SENATE October 13, 1999 but the soil is just as dry, and farmers recent losses caused by Hurricane grated into the cities, the Roman re- in West Virginia and all along the East Floyd make clear that more emergency public began to collapse. It was in the Coast are suffering from the natural assistance will be needed. We can do homes of the Roman farmers that fam- disaster of a generation. Some farmers better for farmers, so I supported the ily values and the Roman spiritual val- have had to make the painful decision Statement of Managers language di- ues flourished. When those peasants to sell off their livestock or to give up recting the administration to conduct left the land, the spiritual values of the farms that have been in their families full estimates of the remaining need, Romans began to deteriorate because it for generations. This is what has been and to submit to the Congress a supple- was in the homes that they venerated happening in West Virginia. This is mental budget request as soon as pos- their ancestors and worshipped their nothing short of an emergency. It de- sible for both hurricane and additional gods. They were pagan gods, but the mands our attention and response. drought assistance. Romans worshipped those gods. This bill provides funding for many When we consider all of the natural Those family values, which included ongoing and long running programs as disasters that have affected farmers respect for authority and order—there well as much needed assistance to this year, from frosts that killed citrus is where the stern Roman discipline farmers who suffered at the hands of trees, to devastating drought, to States had its beginning. It was because of Mother Nature this year. The $8.7 bil- ravaged by storms, and by the hurri- that stern Roman discipline that came lion emergency package that is at- cane, I feel that it is highly appro- out of the homes of the peasants—it tached to this appropriations bill con- priate that the Senate act now because was because of that stern Roman dis- tains $1.2 billion specifically for 1999 it seems a certainty that the $1.2 bil- cipline that the Roman legions were natural disasters, including drought. In lion will be insufficient to help farmers able to conquer the various other na- all, more than $1.2 billion will be avail- who have been harmed by nature. But tions around the Mediterranean basin. able for direct payments for farmers the current emergency package at- It was the same way in our own coun- suffering crop and livestock losses tached to the conference report is es- try in colonial days. Most of the people from natural disasters this year, up sential to begin addressing the crisis in in this country were from farming significantly from the $50 million in rural America that has only been com- stock. There was a time when over 90 the version that first passed the Senate pounded by the weather disasters of percent of the people in this country in August. That may not be enough to 1999. Failure to pass this measure will were from the farms. That day has long fully cover the still-mounting losses to only allow the suffering of struggling gone, as the corporate farms have farmers, but it is a good start. These farmers to continue without relief. largely taken over, just as in the emergency funds will be able to be dis- The House of Representatives passed Roman Republic, the latifundia—large tributed upon enactment of this legis- this measure on October 1, 1999. It is corporate farms—which were owned lation to farmers who have been wait- now time for the Senate to pass this mostly by Roman senators, pushed the ing and waiting for the Federal Gov- measure. small farmers off the land. ernment to deliver. American farmers I want to thank Senator COCHRAN in I suppose Oliver Goldsmith had that cannot afford to wait any longer for particular for his study and consider- in mind when he wrote ‘‘The Deserted Federal assistance, and the Senate can- ation and for the skill with which he Village.’’ In his lines, he told the story not afford to delay final passage of this has brought this bill to its present sta- of the Roman farmers as well as our fiscal year 2000 Agriculture Appropria- tus. I want to thank him also for sup- own people. tions Conference Report. porting some of my requests in the bill. Ill fares the land, to hast’ning ills a prey, Unfortunately, once this measure I requested that there be grants to Where wealth accumulates, and men decay: reached the conference committee, the farmers, livestock farmers in par- Princes and lords may flourish, or may fade; process that we follow yearly as rou- ticular, in the amount of $200 million A breath can make them, as a breath has tine in conferences was sidelined. When and also that there be provisions made: difficult issues came before the con- whereby farmers could restore their But a bold peasantry, their country’s pride, ference, after only an evening and a land, where there could be new vegeta- When once destroy’d, can never be supplied. morning of debate, the conference com- tion planted so that they could have a I thank all Senators for listening. I mittee adjourned for lunch, and never chance of starting over again. It was in hope Senators will soon vote for this returned. For several days, the con- that conference that the chairman, in important bill. ference was ‘‘out to lunch,’’ until deals particular, supported my effort. I yield the floor. could be reached behind closed doors I was one of the three Democrats on The PRESIDING OFFICER. The Sen- guided by invisible hands, and our tried this side who signed the conference re- ator from Mississippi. and true procedure was circumvented. I port, and did so in particular because Mr. COCHRAN. Mr. President, I believe that this selective bargaining is of the funding which had been pro- thank the distinguished Senator from why some Members have expressed vided, at my request, for the livestock West Virginia for his kind comments their dissatisfaction with the final bill. farmers. There are livestock farmers in about the handling of the legislation. I The best work of the Congress is dem- my State who were selling out their thank him for his valuable assistance onstrated when, as a body, we cooper- entire herds, not just for this year but in the crafting of the language of our ate and allow ourselves to be guided by for good. Some of those livestock farm- disaster assistance provisions and the rules and the traditions that have ers have been in the farming business other provisions as well. allowed our Government to flourish for years, and the farm indeed has I yield 8 minutes to the distinguished under the Constitution now for over 200 come down to them after one or more Senator from Maine, Ms. COLLINS. years. generations. It is important not only The PRESIDING OFFICER. The Sen- I have stood before this body on nu- from the standpoint, I think, of helping ator from Maine. merous occasions since visiting West these people who are so in need and Ms. COLLINS. I thank the Chair. Virginia with the Secretary of Agri- who have to work every day, 365 days a Mr. President, I rise today in opposi- culture on August 2 of this year to im- year, who can never be sure what the tion to the conference report on the fis- press upon my fellow Members what a weather is going to be, and who are at cal year 2000 Agriculture appropria- significant impact the drought has had the mercy, in many instances, of Moth- tions bill. I do so with considerable re- in West Virginia, and, of course, in er Nature—it is important that we luctance because the distinguished sen- other Mid-Atlantic and Northeastern come to their aid—it is also important ior Senator from Mississippi, the sub- States. Many of these States received a for our country that we continue to committee chairman, has always been secretarial emergency declaration that sustain the small farmer. so responsive to the needs of rural has provided some limited USDA as- In the Roman Republic, the small Maine. And the Senator, in his capac- sistance to farmers who have experi- farmers left their farms in the Apen- ity as chairman, has provided valuable enced losses as a result of the drought. nine Mountains and went into the cit- assistance to the State of Maine, par- But, unfortunately, much of the assist- ies and joined with the mob. When ticularly in the area of agricultural re- ance came in the form of loans to farm- those farmers, those peasants of the search, which is very important to my ers who were already deep in debt. The land in Italy, left the land and mi- State.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12483 Unfortunately, circumstances largely That is simply wrong. In the North- government disaster in the form of a beyond the control of my good friend east Dairy Compact, we have a solution fair pricing structure from the Sec- from Mississippi have brought this that was devised by our dairy farmers, retary of Agriculture and the extension measure before us without a compo- that was approved by the legislators of the very successful Northeast Dairy nent that is absolutely critical to the and Governors of the New England Compact, at no cost to the federal gov- survival of Maine’s dairy farmers. The States, that is supported by every ernment. lack of provisions reauthorizing the State agricultural commissioner in the Mr. President, I would like to remind Northeast Dairy Compact creates a se- region and overwhelmingly, if not my colleagues from the states and re- rious regional inequity and places an unanimously, by the dairy farmers of gions of the country that will be re- unfair burden on Maine’s dairy farm- the region. We in Congress should not ceiving billions of tax payer dollars in ers. be an obstacle to this practical local aid for their farmers, that the North- While this measure contains $5.4 bil- solution. east Dairy Compact has no cost to the lion in payments for farmers harmed It is not too late. There are a variety federal government and has no adverse by low commodity prices, it ignores a of ways that Congress can allow dairy impact on any farmer outside the com- mechanism that provides stability in farmers in the Northeast to help them- pact region. pricing for dairy farmers in the North- selves. All we need to do is to reauthor- If my colleagues who have opposed east. The Northeast Dairy Compact is a ize the compact and take advantage of our efforts to bring fairness to all dairy proven success, and it is absolutely those opportunities. I am very dis- farmers truly supported family farms critical to the survival of dairy farmers appointed, however, that Congress is across this country they would support in Maine and throughout the North- missing the logical opportunity to my efforts to help protect the dairy east. renew this important measure through farmers in my state as well as the First approved by Congress as part of the Agriculture appropriations bill. dairy farmers in the rest of the nation. the 1996 farm bill, the Northeast Dairy Therefore, I must oppose this con- While Congress is providing needed Compact has a proven track record of ference report. But I look forward to government assistance to commodity benefits for both consumers and farm- working with my colleagues to resolve farmers across the nation, I would like ers. The compact works by simply this matter before we adjourn. to remind my colleagues on just how evening out the peaks and valleys in Again, I thank the Senator from Mis- well the Dairy Compact helps dairy the fluid milk prices, providing sta- sissippi. He has been extremely respon- farmers protect against sudden drops bility to the cost of milk, and ensuring sive to the needs of agricultural pro- in the price of their products. a supply of fresh, wholesome local ducers in my State. I know that he This no cost initiative has given milk. shares my commitment to resolving farmers and consumers hope. In large The compact works with market this matter and coming to a solution part based on the success of the North- forces to help both the farmer and the that will help our dairy farmers sur- east Compact, which includes the six consumer. As prices climb and farmers vive before we adjourn this session of New England states, no less than nine- begin to receive a sustainable price for the Senate. teen additional states have adopted their milk, the compact turns off. Thank you, Mr. President. I yield dairy compacts. When prices drop to unsustainable lev- back to the chairman any remaining In total, twenty-five of the states in els, the compact is triggered on. The time I might have. the country have passed compact legis- compact simply softens the blow to The PRESIDING OFFICER. The Sen- lation. During the past year Alabama, farmers of an abrupt and dramatic drop ator from Mississippi. Arkansas, Kentucky, Louisiana, Mis- in the volatile fluid milk market. Mr. COCHRAN. Mr. President, I sissippi, Oklahoma, North Carolina, It is important to reiterate that con- thank the distinguished Senator from South Carolina, Tennessee, Virginia, sumers also benefit from the compact. Maine for her kind comments. We will West Virginia, Georgia, Kansas, and Not only does the compact stabilize certainly continue to do everything Missouri have all passed legislation to prices, thus avoiding dramatic fluctua- possible to be responsive to the needs form a southern dairy compact. Texas tions in the retail cost of milk, but of agricultural producers both in New is also considering joining the South- also it guarantees that the consumer is England and elsewhere in the country. ern Compact. assured of the availability of a supply I yield such time as he may consume The Oregon legislature is in the proc- of fresh local milk. Let us remember to the distinguished Senator from ess of developing a Pacific Northwest that the proof is in the prices. Vermont, Mr. JEFFORDS. Dairy Compact. In addition, New Jer- Under the compact, New England Mr. JEFFORDS. Mr. President, I rise sey, Maryland, Delaware, New York consumers have enjoyed lower retail in opposition to the FY 2000 Agri- and Pennsylvania have passed state fluid milk prices than many other re- culture Appropriations bill. I oppose legislation enabling them to join the gions operating without a dairy com- the Agriculture funding bill not be- Northeast Dairy Compact. pact. Moreover, the compact, while cause of what’s in the bill, but because The Northeast Dairy Compact, which providing clear benefits to dairy pro- of what has been left out. was authorized by the 1996 farm bill as ducers and consumers in the Northeast, I have listened to several of my col- a three-year pilot program, has been has proven that it does not harm farm- leagues speak in support of the disaster extremely successful. The Compact has ers or taxpayers in other regions of the aid in this bill. They have spoken pas- been studied, audited, and sued—but country. Indeed, a 1998 report by the sionately on how we need to help our has always come through with a clean Office of Management and Budget family farms. I, too, support providing bill of health. Because of the success of showed that during its first 6 months of relief to farmers and ranchers across the Compact it has served as a model operation, the compact did not ad- the nation who have suffered from for the entire country. versely affect farmers outside the com- weather and market related disasters. One look at the votes cast by each pact region and added no Federal cost However, this bill has ignored one of state legislature, and you can see that to nutrition programs. In fact, the this nation’s most important agri- there is little controversy over what is compact specifically exempts WIC, the culture sectors—our dairy farmers. The in the best interest for the consumers Women, Infants, and Children’s Pro- bill, which provides $8.7 billion in aid and farmers in each respected state. gram, from any costs resulting or re- to farmers, in large part as direct pay- For example, in Alabama and Arkan- lated to the compact. ments, has neglected dairy farmers, sas, both legislative chambers passed The reauthorization of the Northeast not only in my home state of Vermont, compact legislation unanimously. It Dairy Compact is also important as a but the dairy farm families in the en- passed unanimously in the North Caro- matter of States rights. We often hear tire country. lina House. In the Oklahoma State criticism of the inside-the-beltway Unlike the commodity farmers Senate, it passed by a vote of 44–1 and mentality that tells States that we throughout the country, dairy farmers unanimously in the Oklahoma House. here in Washington know better than have not asked for assistance in the It passed unanimously in the Virginia they do, even on issues that tradition- form of federal dollars. Instead, they State Senate and by a vote of 90–6 in ally fall under State and local control. have asked for relief from a promised the Virginia House. In Kansas, the bill

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12484 CONGRESSIONAL RECORD — SENATE October 13, 1999 passed in the Senate by a vote of 39–1 tion’s dairy farmers and protect the in- The reauthorization of the successful and an impressive 122–1 in the Kansas terests of consumers, the most effec- experimentation of the Northeast Com- House. tive and promising solution I have seen pact and the creation of a Southern The Northeast Dairy Compact was thus far is the creation and operation Compact as a pilot program will help also approved on overwhelming votes of the Dairy Compact. maintain that the States’ constitu- in each of the New England state’s leg- Unfortunately, many of my col- tional authority, resources, and com- islative bodies. leagues have not yet seen the benefit of petence of the people to govern is rec- Mr. President, given its broad sup- compacts and may be basing their rea- ognized and protected. port among the states, we all know sons on misinformation. Mr. President, the Compact also that the issue of regional pricing is one In addition to being sound public pol- stands on firm constitutional grounds. that will continue to be debated. I am icy, the Dairy Compact represents a Does Congress possess the authority to pleased with the tremendous progress state’s right to do all it can under the approve the Northeast Interstate and the Southern states and other North- law to protect its farmers and con- Southern Dairy Compacts? eastern states have made to move their sumers. The answer to this question is clear, compacts forward. The courts agree that the Compact is simple, and affirmative. Under the Thanks to the leadership of Chair- legally sound. Last January, a federal Compact Clause of the United States man COCHRAN, Senator SPECTER and appeals court rejected a challenge to Constitution, states are expressly au- others progress has been made. the Dairy Compact by the Milk Indus- thorized to seek congressional approval While the debate continues, we must try Foundation. The Court found that of interstate compacts, even states in allow the Northeast Compact to con- the Compact was constitutional and the Upper Midwest. And congressional tinue as the pilot project for the con- the U.S. Agriculture Secretary’s ap- approval, once given, endows interstate cept of regional pricing. proval of the Compact was justified. compacts with the force of federal law. I am, of course, aware that some of In November of 1998, a Federal dis- The Compact Clause, and the Compacts my colleagues oppose our efforts to trict court judge also ruled in favor of that Congress may license under it, are bring fairness to our states and farmers the Compact Commission in a chal- by continuation of the Northeast Dairy important devices of constitutional lenge brought by five New York-based Compact pilot project. However, why federalism. milk processors. The court found that Despite what some of my colleagues do Members who share my admiration the Commission had the authority to have said, the Northeast Dairy Com- and respect for family farms oppose an regulate milk that is produced or proc- pact is working as it was intended to. initiative that has no cost to the fed- essed outside of the region but distrib- eral government and has no adverse Instead of trying to destroy an initia- impact on farmers outside the region? uted within the Compact region. In tive that works to help dairy farmers Unfortunately, Congress has been each case, the courts found that the with cost to the federal government, I bombarded with misinformation from work of the Commission is of firm and urge my colleagues to respect the an army of lobbyists representing the legal grounds. states’ interest and initiative to help national milk processors, led by the Mr. President, in recent weeks Gov- protect their farmers and encourage International Dairy Foods Association ernors from throughout the Northeast that other regions of the country to ex- (IDFA) and the Milk Industry Founda- and Southeast sent a letter to the Ma- plore the possibility of forming their tion. These two groups, backed by the jority Leader of the Senate and House, own interstate dairy compact. likes of Philip Morris, have funded sev- urging Congress to consider and sup- For many farmers in Vermont and eral front groups such as Public Voice port the Dairy Compact legislation. New England, the Compact payments and the Campaign for Fair Milk Prices The Governors of the Compact re- have meant the difference between to lobby against the Dairy Compact gions speak not only for their farmers keeping the farm and calling the auc- and other important dairy provisions. and consumers but for the rights of the tioneer. The real fight over dairy compacts States. The message to Congress from Dairy farming in Vermont represents should not come from Members of the Governors nationwide has been clear. over seventy percent of the agricul- Senate that support protecting small ‘‘Increase the flexibility of states and tural receipts in the state. No other farms and consumers, but from the Na- support legislation that promotes state state relies on one sector of agriculture tional Milk Processors who work and regional policy initiatives.’’ more than Vermont depends on dairy. against all farmers to the benefit of Governors from the twenty-five Com- What we were trying to accomplish their bottom line, because they control pact states represent diverse constitu- in the Agriculture Appropriations bill the price now, and that gives them ents. They have all considered the ben- was about helping farmers and pro- higher profits. All we want is a fair efits and potential impacts by com- tecting consumers. Farmers deserve price. pacts on all those in their states. In our support and recognition. It is It is crucial that Congress debate the the state of Rhode Island for example, sometimes easy to forget just how for- issues presented on dairy compacts on there are nearly six million consumers tunate we are in this country to have the merits, rather than based on misin- and only 32 dairy farmers. Yet, the the world’s least expensive and safest formation. When properly armed with dairy compact passed overwhelmingly food supply. the facts, I believe you will conclude in the Rhode Island State legislature Dairy farmers work harder than that the Northeast Dairy Compact has and is supported by the entire Rhode many of us realize. The cows have to be already proven to be a successful exper- Island delegation. A similar story is milked at least two times a day, 365 iment and that the other states which true for Massachusetts. days a year; farmers work on the aver- have now adopted dairy compacts As I mentioned previously in my age 90 hours per week, an average of 13 should be given the opportunity to de- statement, nearly all the states sup- hours a day; farm owners receive an av- termine whether dairy compacts will in ported the Dairy Compacts overwhelm- erage hourly wage of $3.65, take few if fact work for them as well. ingly. any vacations or holidays and have no Mr. President, federal dairy policy is The success of the three year pilot sick leave. That is why they are so sen- difficult to explain at best. As a Mem- program of the Northeast Dairy Com- sitive to something which may destroy ber of the House of Representatives, I pact, has created an opportunity for a or reduce the prices. served as the ranking member of the partnership between Congress and the Prices received by farmers in the Dairy and Livestock Subcommittee. States, to help strengthen the funda- month of October will be lower than During my years in the House, I mental federalism movement. the prices received over 20 years ago. worked very closely with the programs The New England states by joining Can you imagine maintaining your that impacted dairy farmers and con- together as one are doing what any livelihood or business with salaries of sumers. I know the industry, I know large state can do under the law such 20 years ago? Think about what that the policies, and the compact is a rav- as California. A large State can do it. means to consumers also. The price of ing success. We can’t because of the commerce milk, if you look on an inflationary Of all the programs and efforts by the clause. We have to join together and scale, is well below what it would be federal government to help our na- get a compact. We did that. for softdrinks or anything else.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12485 I am certain that my colleagues will Vermonters of today are struggling million—less than one-eighth of their agree with me that dairy farmers de- to keep step with the modern world estimated recovery costs. serve a fair price for their product. while holding onto the state’s classic Historically, hard working Con- What does it say about our values when rural charm and agriculture base. It’s a necticut farmers benefit from very lit- some of the hardest working people, difficult task requiring much thought tle federal assistance. During the last our farmers, are underpaid and and work. But then again, overcoming fiscal year, for example, Connecticut unappreciated? Mandating option 1–A difficulties through hard work is what farmers received less than one-tenth of and continuing the dairy compact en- the native Vermonter is all about. one percent of the $10.6 billion paid out sures that dairy farmers will have the Farm families know all about hard by the government-funded Commodity needed tools to help face the challenges work. Credit Corporation. It is only fair that of the future. Mr. President, dairy farmers did not when they need emergency recovery as- In Vermont, dairy farmers help de- ask Congress for billions of dollars in sistance, the government come through fine the character of the state. I am disaster aid? Instead, and most appro- for Connecticut farmers too. Sadly, proud to work to protect them to pro- priately, they asked Congress to pro- this bill is not fair. tect the traditions and special qualities vide them with a fair pricing structure This agriculture spending plan is re- of the state. Dairy is not just a farming and the right of the states to work to- gionally inequitable, offers insufficient operation for Vermont and other states gether at no cost to provide a structure disaster assistance for Connecticut in New England, it is symbol of our that would help them receive a fair farmers, and represents unacceptable culture, history and way of life. Its sur- price for their product—not a bail out public policy. In times of legitimate vival is a highly emotional subject. from the federal government. farm crises, Congress has repeatedly Vermonters take pride in their herit- Therefore, I must oppose the Agri- provided a helping hand to farmers in age as a state committed to the ideals culture Appropriations bill and suggest the Midwest and South. We owe noth- of freedom and unity. That heritage that Members whose farmers will be ing less to the farmers in Connecticut goes hand and hand with a unique qual- getting federal dollars in disaster as- and throughout the Northeast who ity of life and the desire to grow and sistance take a close look at how the make a critical contribution to our develop while maintaining Vermont’s Northeast Dairy Compact helps protect economy. They deserve real help, not a beauty and character. Ethan Allan and farmers and consumers with no cost to bill of goods. I am also concerned by the disappear- his Green Mountain Boys and countless the federal government or any adverse ance during conference of the North- other independent driven Vermonters impact on farmers outside the compact east Dairy Compact, which had been helped shape the nation’s fourteenth region. approved by the House of Representa- state while making outstanding con- I urge my friends to watch closely tives. Because the usual conference tributions to the independence of this what is happening to dairy and to give committee proceedings were cir- country. us the opportunity to continue to live cumvented this year, it is impossible to Today, that independence still per- in a beautiful State with cows on the know why the Dairy Compact is miss- sists in the hills and valleys of hillside. ing in action. Regardless of the answer Vermont. Vermonters have worked I yield the floor. to this question, the subversion of the hard over the years to maintain local Mr. LIEBERMAN. Mr. President, I conference committee process disturbs control over issues that impact the rise today to express my deep dis- me and represents a bad precedent for charm and quality of the state. appointment with the agriculture con- our legislative process. ference report that we in the Senate Vermont’s decision to enhance and pro- Because this bill does not provide will vote on today. This agriculture ap- tect its wonderful scenic vistas by pro- real, equitable relief for Connecticut hibiting bill boards along its highways propriations bill falls well short of farmers and does not include reauthor- and roads was a local, statewide deci- helping the Connecticut farmers whose ization of the Northeast Dairy Com- sion. Because of the vision Vermonters very livelihood was badly hurt by this pact, I will join my colleagues from the many years ago had, driving through- summer’s record drought, and who are Northeast in voting against it. I thank out Vermont enjoying the beautiful depending on our assistance to recover the chair, and I yield the floor. landscapes and nature beauty is a from the devastating losses they have Mr. KYL. Mr. President, I rise to dis- pleasurable experience. And it would suffered. Instead, this plan simply cuss a matter that will severely affect not be without cows on the hillside. leaves farmers throughout the North- milk producers and processors in my Vermonters choose to control their east even higher and drier, and leaves state of Arizona and impede their abil- state’s destiny. They should, as any me no choice but to vote against this ity to compete effectively in the state other state have the right to protect bill. of Nevada. Under the Secretary’s final their consumers, farmers and way of In August, I joined with Agriculture rule, Arizona and Clark County, Ne- life. Secretary Dan Glickman in visiting a vada, make up one of the 11 consoli- Most Americans know Vermont as a family farm in Northford to inspect the dated Federal Milk Marketing Order tiny state in the Northeast that has drought damage done in Connecticut Areas. During consideration of the Ag- good skiing, great maple syrup, and this year. On that day, the Secretary riculture Appropriations bill, a provi- beautiful fall foliage—a charming place declared the entire state a drought dis- sion was agreed to in the Senate by where the trees are close together and aster area. Since then, it has been esti- voice vote that attempted to remove the people are far apart—far from the mated that farmers in our state have Clark County, Nevada from this pro- problems that plague many commu- incurred losses of $41 million; together, posed order. I say attempted because nities across the country. It is nearly the 13 Northeast and Mid-Atlantic the drafting of this language was fa- impossible to drive down any country states estimate their losses at $2.5 bil- tally flawed. It would not have road in Vermont and not pass a farm lion. achieved its intended goal of allowing with a herd of cows. Dairy farms still Sadly, despite strong bipartisan pleas Nevada to remove itself from the sys- define the nooks and crannies of the for support, the agriculture appropria- tem. Of course, the Nevada Senators rolling hills. Maybe there’s a small tions bill shortchanges our state as realized this mistake and moved to pond nearby and a few horses or sheep. well as the entire Northeast region. Of amend the language in conference. I Or maybe there’s a pasture with bales the $8.7 billion in ‘‘emergency’’ farm notified the committee, both in writing of hay and cows lining up at the barn relief this bill provides, only $1.2 bil- and orally, that I objected to any at- waiting for milking time. lion is available for natural disaster tempt to amend or modify the Senate- The look of Vermont distinguishes it aid. This smaller allocation of money passed language. Unfortunately, the as a throwback to a bygone, simpler must be distributed, in turn, to farmers language change sought by the Nevada time. Vermont is the home of stone nationwide for drought, flood, and Senators was approved, and is now fences, covered bridges, and red farm- other natural disaster damage. It is found in Section 760 of the Agriculture houses. Vermonters have a special likely that the drought-stricken farm- Appropriations bill of FY 2000. place in their hearts and lives for farm- ers of the Northeast and Mid-Atlantic Section 760 creates, for the first time ers. states would receive only about $300 in nearly 75 years of federal milk-price

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12486 CONGRESSIONAL RECORD — SENATE October 13, 1999 regulation, a category of milk handler and another, contiguous state free to word. At a time when we are watching which is statutorily exempt from milk- set its own price creates an uneven entirely predictable activities like the price regulation. Anderson Dairy—the playing field. When Anderson is grant- census being declared emergencies, we sole processor in Clark County—will ed the right of removal from a system are doing little to assist those who face gain a tremendous competitive advan- created to maintain stability and eq- true acts of God. tage from this exemption at the ex- uity within that region, we have effec- I cannot support this conference re- pense of the Arizona dairy industry. tively undermined the intent of that port until the farmers in New Jersey Allowing Anderson to be removed from system. and up and down the East Coast receive the Arizona/Nevada order will make it Some 56 years ago, U.S. Appellate the help they need. the only milk processor with sales in Judge Frank lamented that ‘‘the do- Mr. DURBIN. Mr. President, today I Clark County that enjoys a regulatory mestication of milk has not been ac- plan to cast my vote in favor of the fis- exemption. But its competitors—such companied by a successful domestica- cal year 2000 Agriculture appropria- as the Arizona processors—will con- tion of some of the meaner impulses in tions conference report. I do so, how- tinue to be regulated on all Clark all those engaged in the milk indus- ever, with great disappointment in the County sales, which make up approxi- try.’’ Queensboro v. Wickard, 137 F. 2d final package crafted by the Repub- mately 20 percent of their market. In 969 (1943). Regional preferences and ex- lican leadership. In short, I believe the other words, Anderson will be able to emptions will only fuel these cynical conference report inadequately ad- price its milk well below that of the impulses. I hope we can find a way to dresses the needs of our Nation’s farm- Arizona processors who remain subject rectify this egregious situation and ers, falls short on lifting economically to the pricing structure of the milk- maintain a level playing field for the dangerous embargos, and has turned a order system. Arizona milk industry. usually bipartisan, open, and fair proc- Moreover, this statutory exemption Mr. LAUTENBERG. Mr. President, I ess into a backroom operation. will extend to Anderson Dairy sales rise in opposition to this conference re- With that said, Mr. President, I can- outside of Clark County. Anderson port. The East Coast suffered through not stand in the way of at least some Dairy would, therefore, enjoy a com- months of drought this summer, caus- relief for to our struggling farmers and mercial advantage in its sales in Ari- ing enormous crop losses to our farm- our fragile farm economy. The Illinois zona while its competitors would con- ers. Then Hurricane Floyd arrived with Department of Agriculture estimates that $450 million from the $8.7 billion tinue to be regulated on all such sales. severe rains, further affecting farmers agriculture relief package will directly A good argument can be made in sup- with widespread floods. port of a milk industry that is free These two acts of nature are serious benefit Illinois producers through re- from pricing regulations; however, that emergencies affecting millions of peo- ceipt of 100 percent of their 1999 Agri- culture Market Transition Act (AMTA) is not the case today. Competitive eq- ple, yet this conference report does not payments. This is in addition to the uity has been the foundation of Federal do nearly enough for farmers on the more than $450 million already re- Milk Orders for over one-half century. East Coast. Under 7 U.S.C. 608(c)(5)(A), handlers are In my state of New Jersey, agri- ceived by Illinois farmers this year to help them through this crisis. subject to the same uniform classified culture is a $1 billion a year business The Illinois farm economy is in trou- prices as their competitors, and under § involving 830,000 acres on over 8,000 ble. Farm income in Illinois dropped 78 608(c)(5)(B)(ii), revenue from handlers farms. While in some more rural states percent last year to just over $11,000, is pooled and blended so that producers these statistics may not be significant the lowest in two decades and down may benefit from ‘‘uniform prices’’ ir- on a relative basis. But in a densely significantly from the $51,000 figure in respective of handler use of milk. populated place like N.J. they are over- 1997. Lower commodity prices and Section 760 of the FY 2000 Agri- powering. record low hog prices, in particular, are culture Appropriations bill strikes at This summer’s drought caused losses primarily to blame for this net farm in- the heart of each component of regu- on 406,000 acres affecting 7,000 of those come free fall in my home State. latory equity by exempting the Clark farms. All 21 counties in my state were The Illinois Farm Development Au- County handler from the uniform price declared drought disaster areas. It has thority recently noted that the finan- and economic standards applicable to taken a truly devastating toll on our cial stress faced by Illinois farmers competitors within the order, and by farm community. today is higher than it has been for 10 excluding from the producer-revenue According to Secretary Glickman, years. Activity in the Authority’s Debt pool all revenue from milk sales to the the drought alone resulted in a total of Restructuring Guarantee Program is plant. For the plant operators in Ari- $1.5 to $2 billion in damages through- four or five times higher today than zona who continue to operate under out the Northeast and Mid-Atlantic re- last year. The Authority approved 7 to price regulation, competing against an gions. 10 loans per month in 1998. In 1999, the exempt plant such as Anderson is like And now, we have the devastation of Authority has been approving 30–40 fencing with your sword arm tied be- Hurricane Floyd on top of the drought Debt Restructuring loans per month–a hind your back. Anderson can exploit disaster. If any state has suffered a 300-percent increase. This is a record its commercial advantage by expand- true farm disaster this year—it’s New level, unmatched since the 1986–87 farm ing sales to current or prospective cus- Jersey as well as our neighbors in the crisis. tomers of nonexempt handlers. Such northeast. The U.S. Department of Agriculture expansion would, in the end, severely Unfortunately, although this con- has predicted that prices for corn, soy- harm Arizona producers. ference report contains $8.7 billion in beans, and wheat will remain well Mr. President, legislative exemption emergency assistance for farmers, only below normal and that farm income for Clark County plants should greatly $1.2 billion of that is for weather re- will again drop this year. Nationally, enhance Anderson’s asset value for ac- lated disasters. And this $1.2 billion is farm income has declined more than 16 quisition purposes. Several national spread out over the 50 states. That will percent since 1996. and international dairy companies not leave a fair share for New Jersey USDA is facing the largest farm as- have aggressively expanded their oper- and other northeastern states that ac- sistance expenditure in its history. ations in the United States during the tually suffered a disaster this year. USDA processed 2,181 Loan Deficiency past few years. These include Dean, Numerous New Jersey farmers have Payments LDPs in 1997, about 2.1 mil- Suiza, and Parmalat. A price-exempt been left with no hay, no crops and no lion in 1998—a thousand times more, plant in the nation’s fastest growing livestock worth taking to market. and will work through a projected major metropolitan area would be very Without our help, the result of these three million LDPs this year. Unfortu- attractive to any expanding dairy en- disasters may force some farmers to nately, it appears that this crisis will terprise. Should this occur, the pro- end decades of family farming and to drag on for the foreseeable future, fur- ducers and processors in Arizona would give up the way of life that they love. ther draining USDA’s resources and re- be negatively impacted. This Congress must do more. The sit- serves. Having one state subject to the pric- uation facing East Coast farmers is a I served as a conferee on this bill. ing structure of the milk-order system true emergency, in every sense of the However, I never had the opportunity

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12487 to fully debate the disaster provisions and see the damage first-hand, and I I hope for this, because this drought or bring up important matters such as walked along with him and Senator might be the last straw that ends the producer-owned livestock processing BYRD through the parched fields of Mr. farming life as last for as many as ten and marketing cooperatives. Also, I Terry Dunn, near Charles Town, West percent of my state’s small- and me- find it unacceptable that the con- Virginia. Farmers from around West dium-sized farmers. Because of this ter- ference report excludes Cuba from the Virginia told us how terribly the rible drought, it is estimated that West list of countries exempted from embar- drought was hurting them. Many of Virginia will suffer truly horrendous goes and sanctions for food and medi- these people work their farms and an- losses: As much as $89 million in cattle; cine. The Senate voted overwhelmingly other full-time job, in hopes of keeping half of our annual apple crop—for the in August to include the Ashcroft-Dodd viable family farms that have passed worst yield since 1945; half of our corn; provision in this bill. And Senate con- down through four, five, and six gen- almost half of our soybeans; and nearly ferees insisted on this important lan- erations. 90 percent of our new Christmas trees, guage. When it became clear that the I voted today to approve the con- a relatively new crop for West Virginia House conferees were on the verge of ference report, although I believe the farmers, but one that has allowed agreeing to a food and medicine exemp- amount of emergency assistance should many family farms to remain in the tion for Cuba, the House Republican have been much higher. I voted for clo- family. leadership shut down the conference ture because this money is needed, In closing, Mr. President, I once and completed the outstanding issues wherever it will eventually go, as soon again applaud the efforts of my col- behind closed doors. as it can be dispersed. I made the deci- league Senator BYRD for doing all that I did not sign the conference report sion that ‘‘too little right now’’ was he could to see that our farmers weath- because I believe the process was taint- better than ‘‘too little, too late.’’ er this crisis. And I call upon the rest ed—conferees were excluded from im- I also realize that other, more divi- of my colleagues to recognize that portant final decisions. I hope this is sive, issues have bogged down the con- most farmers in the drought- and flood- never repeated. It undermines the ferees much more so than the prospect ravaged portions of the eastern United credibility of the entire Congress. of providing a helping hand to strug- States will need much more help, as Once the Senate acts on the con- gling agricultural producers in the soon as it can get to them. ference report and sends it to the Northeastern, Mid-Atlantic, and Mrs. MURRAY. Mr. President, I rise President, our role in helping to im- Southeastern states. Actually, I am led today to express my deep frustration prove conditions in rural America does to believe that some level of drought with the fiscal year 2000 Agriculture not end. We should vigorously explore funding was among the least conten- Appropriations conference report be- other ways to help our Nation’s farm- tious issues, and that the conferees ul- fore us today. ers and our rural economy. We should timately based their number on esti- Two weeks ago, the Republican lead- work on short-term remedies like addi- mates provided by the Secretary of Ag- ership pulled the plug on conference tional targeted disaster assistance as riculture. negotiations—and killed our prospect well as long-term solutions such as ex- Still, I remain troubled that the for comprehensive sanctions reform panded trade opportunities—including amount appropriated seems so low, and and additional assistance for agricul- ensuring that agriculture has an equal that emergency funding took so long to tural communities hit by economic and seat at the table for the upcoming become a sure thing. I am mindful of natural disasters. When we look back round of WTO talks, promotion of re- the severe budget constraints under at this first session of the 106th Con- newable fuels like ethanol, and tax which they are operating, and the gress, I believe we will see that deci- fairness. tense debates that have accompanied sion as an enormous missed oppor- I hope the president will sign this bill any attempt to appropriate emergency tunity. quickly and then work with the Con- funding. But if the drought of 1999 was Mr. President, Washington State is gress to submit a supplemental request not a valid emergency, when will we the most trade-dependent State in the taking into account the devastating fi- see one? nation. And agriculture is one of its nancial crisis that continues in rural Another thing that I will never un- top exports. The growers in my State America. To delay further action on derstand is how the U.S. Senate—in- need open markets. Many times, mar- this matter would be a great disservice cluding Senators whose own states ket access is closed or limited because to the men and women who dedicate have suffered the worst drought dam- of the actions of foreign countries. We their lives to production agriculture. age since records were kept—could can and must fight to break down bar- Mr. ROCKFELLER. Mr. President, I have voted down emergency funding riers erected by other nations. take this opportunity to comment on when we originally debated this bill. I We must also fight to break down the the conference report and the crisis in voted for the Democratic package barriers to foreign markets created by agriculture that came to pass in my which lost, and now finds its way into our own government. Sanctions that State of West Virginia during the his- the final report. Another thing that include food and medicine do not serve toric drought of 1999. troubles me is that while the conferees the interest of the United States, and I am happy that after seeming to be used Secretary Glickman’s preliminary they certainly do not serve the inter- a forgotten issue for so long, the neces- estimate of drought losses, they ests of American producers. Oftentimes sity of emergency assistance for the grouped those losses together with with the best of intentions, we have victims of weather-related disasters losses incurred during the devastation cut off all trade with states that spon- has been included in the final bill that wrought by Hurricane Floyd, estimates sor terrorism, fail to live up to critical will be sent to the President. I com- of which exceed the emergency assist- agreements, or refuse to share our mend the diligence of my colleague, ance in this bill by many billions of principles of democracy. the senior Senator from West Virginia, dollars, and did not appropriate a more Mr. President, we cannot and must in working to ensure that this funding realistic sum. not tolerate reprehensible actions by made it, and for working to include a Once again, I know the conferees rogue states. But it is clear to me, and specific mention of West Virginia’s have attempted to give guidance to to 69 other Senators who voted for horrible statewide drought in the final USDA in how this money should be dis- sanctions reform, that we do not act in report language. tributed, and I look forward to an the best interests of American foreign Earlier this year, I saw the devasta- emergency supplemental appropriation policy or American agricultural pro- tion visited on my State by this that will allow for meaningful rehabili- ducers when we impose unilateral food drought, and I vowed to do whatever I tation of the flood-ravaged agricultural and medicine sanctions. The people in could to help West Virginia farmers areas of the Southeast and New Jersey. the world we hurt most with unilateral and producers. I probably have written I hope, Mr. President, that if any such sanctions are American growers. or signed onto more letters about agri- supplemental assistance is proposed, The Senate sanctions reform package culture funding this year than in all that there be included with it suffi- was a huge step in the right direction. my years in the Senate. I invited the cient additional funds for our many It deserves to become law. Wheat grow- Secretary of Agriculture to come out drought survivors as well. ers in my State deserve access to Iran,

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12488 CONGRESSIONAL RECORD — SENATE October 13, 1999 which was once our largest export mar- As a result, many small family farms it two weeks ago, we must send the ket for soft white wheat. And pea and that grow some of the best fruit pro- message this week that Congress will lentil growers deserve access to Cuba, a duced in the world are going out of try to reestablish opportunity in rural market valued at more than $17 mil- business. Many of these are not mar- America. lion. In both of these cases, our foreign ginal producers. They are efficient I will vote for this bill because it pro- competitors have stepped into the mar- growers whose families have been vides emergency assistance to many of ket vacuum created by U.S. sanctions growing high quality apples and pears our farmers and ranchers. It funds re- policy. and other commodities for generations. search, including new positions for po- The Administration started sanc- As in other parts of rural America, tato and temperate fruit fly research tions reform earlier this year. I ap- the communities that rely on tree fruit that are critical to minor crop pro- plaud those efforts—belated as they production for their economic base are ducers in my state. It delivers a nearly were. I also applaud those in the Sen- reeling. It is hard to diversify when $52 million increase for programs in ate who worked so hard for passage of your economic foundation is crum- President Clinton’s Food Safety Initia- the Ashcroft-Dodd amendment. But bling. It is estimated approximately 20 tive, including $600,000 for research now the Republican leadership has sent percent of Washington apple growers into listeriosis, sheep scrapie, and the message to our foreign competitors will lose their farms in the next three ovine progressive pneumonia virus that they can continue to conduct years. And that is a conservative esti- (OPPV) at ARS facilities in Pullman, business as usual—that U.S. growers mate. Over the August recess, I met Washington and in DuBois, ID. It pro- will not soon be players in markets with community leaders in north cen- vides critical funding for WIC and like Iran and Cuba. tral Washington State. Okanogan other feeding programs, and for P.L. After hearing for years from some County alone has experienced $70 mil- 480. Republicans that the Administration lion in losses in the tree fruit industry Mr. President, I was tempted to vote lacked the will to reform our nation’s leading the county to declare an eco- ‘‘no’’ on this conference report. But just as I believe the Republican leader- outdated and ineffective sanctions poli- nomic disaster. cies, the Republican leadership proved Language in the conference report di- ship should have embraced responsi- it could not lead American agriculture rects the Farm Service Agency to re- bility on sanctions reform, I believe into the 21st century. Too many of our view all programs that assist apple pro- voting to pass this conference report is producers already have empty wallets ducers, and review the limits set on op- the most responsible approach. It is my and empty bank accounts, and—in re- erating loan programs used by apple sincere hope the Senate will pass sanc- sponse—Congress delivered empty rhet- growers to determine whether the cur- tions reform and other legislation to provide greater economic security to oric on sanctions reform. rent limits are insufficient to cover op- communities that rely on agriculture In September, I met with representa- erating expenses. I urge FSA to com- tives of the Washington Association of before the end of this session. plete this review as soon as possible so Mr. HUTCHINSON. Mr. President, I Wheat Growers, the Washington State that those of us who represent apple rise to express my support for a provi- Farm Bureau, and the Washington producing states can improve the Fed- sion by Senator ASHCROFT included in Growers Clearing House. I expressed eral Government’s assistance to our the Senate version of the Agricultural my strong support for the sanctions re- growers. Appropriations Act for FY2000. This form package and my hope that some The conference bill before us provides provision passed with 70 votes in the agreement could be reached between $1.2 billion in disaster assistance. The Senate but it was subsequently the Senate and House. I did not count report language for that section of the stripped out of the conference report on the procedural maneuvering that bill mentions the plight of apple grow- after the conference stalled and never doomed the sanctions package. Our ers and urges the USDA to address the reconvened. growers deserved a better process and a problem. However, let’s be clear that it The Ashcroft provision is simple. It better outcome. will be very difficult for my state’s substantially curtails the use of unilat- Mr. President, in a perfect world this apple producers to get meaningful as- eral sanctions of food and medicines bill would include sanctions reform. Its sistance through this bill. Simply put, without removing them absolutely emergency provisions would include this bill is not a victory for apple grow- from the palette of foreign policy op- more money for specialty crops, addi- ers or their communities. tions. If the President decided to in- tional funding for the Market Access In the future, some of my colleagues clude food and medicine in future sanc- Program, and increased Section 32 may criticize the Secretary of Agri- tions, he would have to receive the ap- money for USDA purchases of fruits culture for not recognizing the critical proval of Congress, through an expe- and vegetables. It would include more need in apple country and failing to de- dited procedure. resources for farm worker housing and liver assistance. Earlier this year, Au- Mr. President, American farmers Natural Resource Conservation Service gust Schumacher, Under Secretary for have spoken and they want help. In the conservation operations. Farm and Foreign Agricultural Serv- past year, cotton prices have tumbled On the subject of minor crops, I ices, came to Washington State to hear 46 percent and wheat is down more would like to discuss the plight of from apple growers. I know the admin- than 60 percent. Corn sells for as low as apple growers in my state. The apple istration understands the needs of $1.50 for a bushel in some places. It is industry in particular is in the throes growers in my State. But the adminis- not surprising that net farm income of the economic conditions as bad as tration can’t realistically address the dropped almost one billion dollars be- anyone can remember. Poor weather needs of growers all over the country tween 1996 and 1998. Storms and has played a role, but more important with only $1.2 billion. Nevertheless, I drought have destroyed our Nation’s are the economic factors. look forward to working with my col- crops. We must help our struggling Apple juice dumping by China has re- leagues to direct aid to apple growers farmers out of this crisis. moved the floor price for apples. Chi- in Washington State. The farmers in my home State of Ar- nese apple juice concentrate imports I believe this Congress needs to ac- kansas have made it clear to me that increased by more than 1,200 percent cept responsibility for the short- one measure needed to help them out between 1995 and 1998. I was pleased to comings in the bill. The Republican of the current crisis is an expansion of sponsor a letter with Senator GORTON, leadership certainly bears complete re- export markets. Indeed, our farmers signed by a total of 21 Senators, to sponsibility for the unacceptable man- are missing out on millions of dollars Commerce Secretary Daley urging the ner in which this bill was taken out of in exports each year. It is estimated administration to find that Chinese the hands of congressional appropri- that agricultural sanctions have dumping is destroying our growers and ators in the middle of conference nego- robbed U.S. farmers out of an esti- to impose stiff retroactive duties. tiations. mated ten percent of the world wheat Weak Asian markets and high levels of Mr. President, while this bill is market and half a billion dollars in world production have contributed flawed, it is still a step in the right di- sales. Before agricultural sanctions greatly to the terrible economic situa- rection. I intend to vote for the con- were placed on Cuba in 1963, that coun- tion in central Washington State. ference report. Although we didn’t do try was the largest U.S. export market

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12489 for rice, taking more than 50 percent of ducers with enhanced options for mar- Buying better seedstock increases ge- total rice exports. Even today, Amer- keting. We can do that through funding netic capability and produces better ican farmers are losing out to farmers for agricultural research and rural de- animals. Increase in quality increases in Canada, Europe, and Asia who sell velopment and policy changes for sanc- profit. More and more emphasis is $600 million worth of food products to tions reform, country-of-origin label- being placed on paying producers on a Cuba. ing, rescission of the USDA grade, bal- grid. Paying on a grid means ranchers While President Clinton issued an ex- ance of trade laws, and price reporting. are paid on the quality of their animals ecutive order in April of this year al- I am extremely pleased with the in- not merely the number of pounds. This lowing food and medicine sales to clusion, at my request, of reporting in gives producers who strive for better Sudan, Libya, and Iran, these sales this bill. Mandatory price reporting is genetics and meat quality a clear ad- would still face significant restric- a milestone for livestock producers. vantage. tions. Sales would be licensed on a For too long there has been too much Rural communities win too. An extra case-by-case basis and made only to mistrust between agricultural pro- $9,000 helped the local computer store non-governmental entities. In some ducers and meat packers. Four major and it helped others in the industry. cases, where there are no non-govern- packers control 79 percent of the meat- That new bull Kent and Sarah bought mental entities buying food for the packing industry. Many producers rais- helps the seedstock (bull) producer who people, no sales could be made. ing and feeding livestock feel that now has extra money to buy fencing It is true that the regimes that are packers can control the market by not supplies from the local agricultural sanctioned from food and medicine, in- providing data on either the number of supply store. The owner of that ag sup- cluding the governments of the Sudan, cattle they buy or the prices they pay ply store now has extra money for Libya, Iran, Iraq, and Cuba, are rep- for it. The USDA collects the informa- Christmas gifts at the local clothing rehensible. But we must also consider tion voluntarily. This legislation man- store. That clothing store owner puts the populations of the these coun- dates that packers will provide that extra money in a CD at the bank. In a tries—people with whom we have no ar- data twice daily and make it easily ac- rural community a dollar turning over gument, people who are starving, peo- cessible to ranchers. Mandatory price reporting provides makes a world of difference. ple who are sick because they do not This example is why it is so impor- Montana producers with all the perti- have enough food or medicine. While tant to put control back in the hands nent information they need to make governments may intentionally with- of the livestock producer. It is exceed- hold food and medicine from their pop- the best possible marketing decision. It ingly important to producers to have ulations, both to foster anti-American means that a Montana rancher can an assurance that they are receiving sentiment and to keep the people under check the daily markets. They will timely and accurate data. It doesn’t subjection, we benefit no one by deny- have the necessary data to make the make sense for those raising the com- ing our farmers the opportunity to sell decision to sell their livestock imme- modity to be a passive price-taker. their crops. If we allow these sales—if diately or hold out for a better price. A Having the information readily acces- we rein back our food and medicine five cent increase in the market can sible puts the rancher in a position to sanctions, then we leave these regimes mean an extra $30 per animal. On a 300- make good marketing decisions and without an excuse for not providing head operation that means an extra not be left fully at the mercy of the their people with food. We close off a $9,000. To those experiencing the best channel of resentment and make clear economic times in years, $9,000 doesn’t buyer. In Montana, livestock outnumber to people living under repression that seem like much. I can tell you—to a people by at least twice. These are less their government is solely responsible rancher who hasn’t met the cost-of- than a million people in Montana and for leaving them hungry. And we leave production in three or four years, any over 2.5 million head of livestock. these governments with less money for amount of money in the black looks Sixty-four percent of the land in Mon- weapons. Senator ASHCROFT’s provision pretty good. accomplishes all of these things. Lately ranchers have not had the tana is used for agricultural produc- Mr. President, I am not arguing for a money even to buy necessities for oper- tion. Livestock producers depend on provision that has been defeated and ating expenses. Due to the nature of the livestock markets for their liveli- will never reappear. Let me say again the business and risks involved, farm- hood. Mandatory price reporting gives that the Senate passed this provision ers and ranchers are used to utilizing them that data and the controls to use with 70 votes. I am confident that it credit and operating loans. However, it. will advance this legislation favorably this economic crisis has bankers and Also important to livestock pro- again. rural business worried. Main Street ducers is the Sheep Industry Improve- Mr. BURNS. Mr. President, Chairman Rural America is hurting too. Pro- ment Center. This center, which is lo- COCHRAN and his staff have done a ducers making knowledge-based mar- cated at USDA, has a $30 million budg- highly commendable job of crafting a keting decisions helps everybody. It et to assist the sheep and goat indus- bill to help agriculture in these tough helps agricultural producers—and it tries in research and education. times. Important funding is included in helps rural communities who depend on I realize that no long-term solution the bill for agricultural research, nu- agriculture for their livelihood. will work until this current economic trition programs, natural resource pro- Kent and Sarah Hereim own a 300- crisis is taken care of. This bill goes a grams, food safety, export enhance- head operation between Harlowton and long way in getting producers back on ment, rural development, and mar- Judith Gap, MT. Nine thousand dollars their feet and on the way to a better keting and regulatory programs. I am means to them a new computer. That agricultural sector. Immediate funding exceptionally pleased with the funding gives them even more accessibility to needs of farmers and ranchers are ad- that will go to Montana to carry out marketing information and the ability dressed in a manner that will give important agricultural research and to make better marketing decisions. A them an opportunity to get back on promote rural development. computer provides access to the Chi- track. Times are tough in agriculture. In cago Mercantile Exchange or the Chi- The $8.7 billion package contains im- Montana, thousands of farmers and cago Board of Trade for futures mar- portant funding for Agricultural Mar- ranchers are experiencing a severe keting options. It provides an updated keting Transition Act (AMTA) pay- price crunch. Commodities simply are mechanism to pay bills and keep ments for wheat and barley producers not bringing the prices agricultural spreadsheets on operating expenses. A in Montana, as well as $322 million for producers need to break even. Now is computer can be a valuable tool for livestock producers and $650 million in an essential time to provide producers ranchers to keep production records, crop insurance. opportunities for diversification and carcass data, grazing plans, and other I am pleased that important lan- increased marketing opportunities. management information. These guage for durum wheat producers was Times are tough and times are chang- records allow producers to be better included in the bill. Before this change, ing. managers and increase profits. the method for calculating loan defi- The Federal Government has the op- Nine thousand dollars can mean a ciency payments (LDP) repayments un- portunity to provide agricultural pro- new bull in addition to the computer. fairly presumed a high quality for

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12490 CONGRESSIONAL RECORD — SENATE October 13, 1999 durum, which resulted in a lower re- have to compete with more easily ex- nomic power, and they don’t have a lot payment rate for their crop. However, ploitable foreign labor. And I believe it of political power. They don’t have a as a result of this language, the USDA would not be good for the guest work- lot of money to contribute to political has agreed to correct inequities in the ers themselves, who would have few of campaigns. You don’t see a lot of farm current loan deficiency program (LDP) the protections and benefits to which worker faces among the lobbying program for durum wheat. Americans are entitled. groups that visit our offices. The crop insurance portion of the bill The Administration opposes the Yes, there are some people who advo- will provide $400 million to provide ag- McConnell rider. So does the U.S. cate on their behalf—groups like the ricultural producers with a premium Catholic Conference, the National U.S. Catholic Conference, National discount toward the purchase of crop Council of La Raza, the Farmworker Council of La Raza, the Farmworker insurance for the 2000 crop year. Cur- Justice Fund, and the United Farm Justice Fund, the UFW. But farm- rently, farmers would pay a higher pre- Workers. The McConnell rider also workers are largely disenfranchised mium for the year 2000 than for 1999 or flatly contradicts the recommenda- and disempowered. Ultimately, they 2001. With the lowest prices in years, tions of the General Accounting Office. are dependent on our good will. I hope agricultural producers cannot afford Let me take a moment to describe we can show a little good will towards higher premiums. how the H–2A foreign guest worker pro- people who don’t have much leverage I am disappointed that sanctions re- gram works, and maybe that will help over us, but people who are very decent form was taken out of the bill. I believe explain what the McConnell rider does. and hardworking and deserve better. these concerns must be addressed as The H–2A program allows agricultural Mr. DEWINE. Mr. President, I rise soon as possible. I will support Senator employers to import foreign workers today to discuss the agriculture appro- priations conference report. First, I ASHCROFT in his efforts to exempt food on a temporary basis, but only when and medicine from sanctioned coun- there is a shortage locally of available thank the Chairman and Ranking tries. American farmers and ranchers U.S. workers. The Labor Department Member of the Agriculture Appropria- stand much to lose by not having all has to issue a labor certification that tions Subcommittee, Senator COCHRAN viable markets open to them. there is a shortage of available U.S. and Senator KOHL, for their hard work Imposing trade sanctions hurts workers. But before employers can get on this legislation. They faced multiple American farmers and ranchers. Sanc- that certification from the Labor De- challenges in trying to find funds for so tions have effectively shut out Amer- partment, they have to recruit U.S. many different and critical areas with- in agriculture. ican agricultural producers from 11 workers during a period of 28 to 33 I support this bill, Mr. President. I percent of the world market, with days. support it because it will help provide sanctions imposed on various products The McConnell rider would substan- some immediate relief to our farmers, of over 60 countries. They allow our tially shorten the period during which who, in many states, are facing a twin competitors an open door to those mar- agricultural employers have to recruit blow from drought and low commodity U.S. workers. Under current law, the kets where sanctions are imposed by prices. I know that in my home state of recruitment period is 28 days, though it the United States. In times like these Ohio—where agriculture is the number can be extended to 33 days if employers our producers need every available one industry—many of our farmers are marketing option open to them. We have to refile their application. The in serious financial trouble. When cannot afford lost market share. McConnell rider would shorten the re- you’re getting hit from both drought Trade sanctions are immoral. Inno- cruitment period to 3 days, with a 5- and low commodity prices, it really cent people are denied commodities day extension for refiling. The recruit- hurts. while our farmers and ranchers are de- ment period would shrink from 28 days I am pleased that the bill we will nied the sale to that particular coun- to three days. send to the President today will take try. It is my sincere hope that my col- Three days! Does anyone think any an important step toward helping agri- leagues will see fit to open up more kind of meaningful recruitment is culture producers overcome some of markets by supporting Senator going to take place in a period of three the current problems resulting from ASHCROFT. days? Of course not. Shortening the re- this summer’s drought and low com- Farmers and ranchers must be pro- cruitment period to three days would modity prices. For example, the con- vided a fighting chance in the world turn the labor certification process ference report includes $5.54 billion in market, and the people of sanctioned into a sham and a charade. The result emergency assistance for Agricultural countries must be allowed access to ag- would be that U.S. farmworkers who Market Transition Act payments ricultural commodities. want those jobs wouldn’t be able to get (AMTA). This amount will double pro- Again, I thank the fine chairman Mr. them, and employers would have al- ducers’ AMTA payments for 1999 crops. COCHRAN, and his staff, for all their most automatic access to cheap, ex- Also, the bill enables farmers to re- work on this bill. I will continue to ploitable foreign guest workers. ceive AMTA payments at the beginning fight for Montana farmers and ranchers GAO agrees that shortening the re- of the fiscal year rather than in two in- and provide a voice for agriculture. cruitment period to three days would stallments. This is very important for Mr. WELLSTONE. Mr. President, I undermine the labor certification proc- many of Ohio’s farmers who are strug- am disappointed that the conference ess. A December 1997 GAO report gling right now to make ends meet. committee on H.R. 1906, the Agricul- looked at this very proposal and found The Senate should get this bill to the tural appropriations bill for FY 2000 in- that ‘‘employers will not have suffi- President as quickly as possible. Our cluded a legislative rider sponsored by cient time to meet their duties as re- farmers need relief now—not later. Senator MCCONNELL that would fun- quired by the program and domestic This summer has brought with it one damentally change the H–2A tem- workers will not have ample oppor- of the most prolonged periods of porary foreign agricultural worker pro- tunity to compete for agricultural em- drought in this century. I have talked gram. ployment.’’ to many farmers back home and have I am concerned that the McConnell The issue here is whether we should driven along the highways and back rider would be harmful to both foreign make the deplorable working condi- roads in Ohio—you can see how this and domestic farm workers. The tions of farmworkers in this country summer’s drought has severely stunted McConnell rider would essentially even worse, because that would be the the growth of corn and other key crops. allow agribusinesses to import as many effect of the McConnell rider. I don’t It’s devastating. And this devastation H–2A foreign guest workers as they think my colleagues really want to do is widespread. Secretary of Agriculture want, regardless of whether there are that. Dan Glickman has designated all but workers here in America who want Given the—frankly—miserable work- one of Ohio’s eighty-eight (88) counties those jobs. ing conditions that many farm workers as natural disaster areas. Of those, Sec- That would be harmful to the U.S. have to endure, I think it would be un- retary Glickman designated sixty-six farm workers who want the jobs, obvi- conscionable for us to add to their bur- (66) counties as primary disaster areas. ously. But it would also be harmful to dens. Farm workers don’t have a lot of According to the Governor of Ohio, other farm workers, who would then power. They don’t have a lot of eco- our state’s farmers are expected to lose

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12491 $600 million in income due to the Settlement rulings. Noncompliance through the agriculture appropriations drought. Let me repeat that, Mr. Presi- with Dispute Settlement rulings se- bill and the kind of assistance that dent. In Ohio, our farmers stand to lose verely undermines open and fair trade. comes from pursuing trade and tax $600 million. When combined with the As many of our farmers, cattle ranch- policies that would further the eco- current low commodity prices, it is no ers, and large and small business own- nomic strength and freedom of Amer- wonder that many farmers in Ohio are ers know firsthand, this is having a ican agriculture. asking themselves—and us—how they devastating impact on their efforts to I urge the President to sign the ap- and their families are going to make it. maintain or gain access to important propriations bill immediately so that In response, the bill we will send to international markets. farmers in Ohio—and throughout the the President today provides approxi- The ‘‘Carousel Retaliation Act’’ country—can receive short-term relief mately $1.2 billion—to assist farmers would help ensure the integrity of the as quickly as possible. I also urge the plagued by the drought. It’s a decent WTO Dispute Settlement by rotating— President to take a long, hard look at start. But, while this assistance will or carouseling—the retaliation list of how we can give our farmers the kind surely help lessen the immediate finan- goods to affect other goods 120 days of lasting relief they need to stay in cial worries of many of our drought- from the date the list is made and business not just this year, but for gen- stricken farmers, it doesn’t address a every 180 days, thereafter. Currently, erations to come. fundamental issue here—and that is the U.S. Trade Representative has the Mr. CHAFEE. Mr President, I rise that our farmers aren’t equipped to authority to carousel retaliation lists, today to bring to the attention of my withstand cyclical economic downturns but is not required to do so. colleagues the plight of our nation’s and natural disasters over which they The Carousel bill requires the U.S. farmers. Now, one might ask, what is a have no control. As I see it, we have Trade Representative to rotate and re- Senator from Rhode Island doing failed to give agriculture producers the vise the retaliation list so that coun- speaking about farming? Isn’t that tools they need, over the long-term, to tries violating WTO Dispute Settle- usually handled by Members from the manage risks—whether those risks ments cannot merely subsidize the af- Midwest? Well, Mr. President, that is fected industries to recover from retal- come from the market or nature. There not the case. Farming is alive at our iation penalties. American farmers are are things that we, in Congress, are nearly 700 farms in Rhode Island. How- the most efficient and competitive in trying to do to help get to the root of ever, these same family farmers in the world. When given the opportunity the challenges facing our farmers Rhode Island and those across the na- to compete on equal footing, they will today. Let me explain. tion are looking to Congress for some The United States is the most open be the most successful, as well. much needed help in the wake of this Besides opening new markets abroad, market in the world. While our farmers summer’s horrible weather conditions. there are things we can do here at are the most productive in the world, Today, the Senate will be asked to home to help our farmers prosper under market barriers against the free and vote on final passage of the conference the Freedom to Farm Act we passed fair trade of our agriculture products report on the Fiscal Year 2000 Depart- three years ago. I cosponsored legisla- ment of Agriculture and related agen- exist. Dismantling these barriers must tion that would allow farmers to open cies appropriations bill. This bill is just be a top priority. Congress can help by savings accounts into which they can one of the thirteen spending bills which giving the President fast track author- place—tax free—a certain percentage Congress must approve and the Presi- ity to negotiate trade agreements. Fast of their profits during good economic dent must sign before the beginning of track authority would allow the Ad- times. These funds can remain in their the new fiscal year. This is a major bill ministration to enter into trade agree- accounts for up to five years. If hard which funds many important farming ments with other countries, where we times come along—as we know they and environmental programs. However, are the most competitive and to nego- do—farmers can withdraw funds from tiate with specific regions of the globe. their accounts. The only time these I must reluctantly vote against final Failure to pass fast track puts our funds would be taxed is when they are passage of this report for two reasons. During the debate on the bill earlier farmers at a serious disadvantage with withdrawn from the account or after this year, farmers in the Northeast and global competitors. For instance, the five years. Latin America and Carribean region of- This bill, the Farm and Ranch Risk Mid-Atlantic were in the middle of fers great opportunities for increased Management (FARRM) Act, was in- what would become one of the worst agriculture exports. It is one of the cluded in the $792 billion tax-relief droughts in the history of this region. fastest growing markets for U.S. ex- package that I supported and Congress In fact, the National Oceanic and At- ports and will exceed the European passed. That tax relief package had mospheric Administration reported Union as a destination for U.S. exports many other provisions helpful to farm- that Rhode Island experienced its dri- by next year. This market is expected ers. Besides the FARRM provision, the est growing season in 105 years of rec- to exceed both Japan and the European bill included the elimination of estate ordkeeping. As a result, crop damages Union combined by the year 2010. Other taxes, broad-based tax relief, the elimi- were widespread. According to the nations already are working to break nation of the marriage penalty, and the Farm Service Agency in my state, crop down barriers in this region. The full deductibility of health insurance losses ranged from 35 percent to an as- United States cannot afford to sit on for the self-employed. Unfortunately, tounding 100 percent. These losses cre- the sidelines—just watching—much President Clinton vetoed this reason- ated a terrible financial burden on the longer. We need to get into the game. able tax relief package—that doesn’t farmers in Rhode Island, as well as the That would help our farmers. help our farmers. entire state economy. When our foreign trading partners Most important, we should get the In response to these problems, as well are not trading by international rules, federal government off the backs of our as those experienced by farmers across and doing so to the detriment of our farmers so they can have the freedom the country, the Senate approved a $7.4 farmers, our trade authorities should to do what they do better than any billion emergency relief package, and I use all the tools available to them. For other country—and that’s produce. I was glad to support it. In the House, no example, I introduced bipartisan legis- have cosponsored the Regulatory Fair- such funding existed. However, as the lation, the ‘‘Carousel Retaliation Act,’’ ness and Openness Act, which would re- difficulties worsened and the need for which would increase pressure on our quire the Environmental Protection additional funding was necessary, I was trading partners to comply with World Agency base pesticide use decisions on committed to making sure that our Trade Organization rules by requiring sound science rather than worst-case family farms in Rhode Island would not the U.S. government to rotate targets scenarios. Also, I have cosponsored leg- be left out of the pot. To that end, I every six months. islation that would require the Occupa- pressed for direct assistance to specifi- What’s happening is that our na- tional Safety and Health Administra- cally address drought damage in the tion—and especially our farmers—are tion (OSHA) to base any ergonomic Northeast and Mid-Atlantic. As every- being injured by the refusal of some standards on sound science. one knows the 1999 drought knew no foreign countries to comply with World Mr. President, our farmers need as- state barriers or boundaries. Senators Trading Organization (WTO) Dispute sistance—the kind that is provided from both sides of the aisle knew that

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12492 CONGRESSIONAL RECORD — SENATE October 13, 1999 making this a partisan issue would not Unfortunately, the impact felt by gram that is supported by farmers and make federal assistance for our farm- small farmers in the Northeast will be consumers alike because it does not in- ers come any quicker. We needed to meteoric. I have heard from many of crease retail price and does not cost help our farmers and farming families my colleagues about the price drops the taxpayers money while continuing to start the process of rebuilding for their farmers have experienced this programs that do cost the taxpayers new crops and a new season. year. Well, dairy farmers witnessed a 40 money. In fact, retail milk prices with- In the end, an additional $1.2 billion percent price drop in one month. If it in the Compact region are lower on av- was allocated for assistance to farmers was not for the Northeast Dairy Com- erage than in the rest of the nation. across the country who have incurred pact, this drop could have crushed I could go on for hours about the iro- losses for crops harvested or intended Vermont dairy farmers. nies contained in this Conference bill. to be planted or harvested in 1999. The They have also suffered through one Although I am tempted to run through key word in that sentence is ‘‘across of the worst droughts this century. And the virtues of Vermont dairy products the country.’’ In the Northeast and how does this Conference bill respond? like my colleague from Wisconsin did Mid-Atlantic alone, damage assess- It doesn’t. last week, I will let the ‘‘Best Cheddar’’ ments range from $2 to $2.5 billion. Instead, the Conference Committee award won by Vermont’s Cabot Cream- However, this additional money will blocked Senator SPECTER from even ery at the U.S. Championship Cheese not go directly to those farmers in the raising his amendment to extend the Contest in Green Bay, Wisconsin speak Northeast and Mid-Atlantic that need Northeast Dairy Compact and denied for itself. it the most. Instead, the money will be any targeted disaster relief for farmers However, I do want to take just a few available to all farmers who have suf- in the Northeast and Mid-Atlantic who more minutes to reiterate the impor- fered from flooding, Hurricane Floyd, suffered through fifteen months of tance of the Northeast Interstate Dairy and the drought. This certainly is not drought. Compact. Thanks to the Northeast sufficient funding for our region’s fam- However, we are yet again sending Compact, the number of farmers going ily farmers. disaster payments and price supports out of business has declined through- I also must vote against this con- to the Midwest and Southeast. I guess out New England—for the first time in ference report because of its failure to the Conference committee decided to many years. include language that extends the ignore the old adage that you should If you are a proponent of states’ Northeast Interstate Dairy Compact. not hit someone when they are down. rights, regional dairy compacts are the This is an issue that has the support of Why not continue to prop up grain answer. Compacts are state-initiated, a majority of the Senators in this prices so that when Vermont farmers state-ratified and state-supported pro- body. In fact, during debate on the ag- have lost all their livestock feed to the grams that assure a safe supply of milk riculture spending bill, a majority of drought they can pay even more for for consumers. Half the Governors in Senators—53 to be exact—voted to end feed from other states? the nation and half the state legisla- a filibuster on the dairy compact issue. When we passed the Freedom to tures asked Congress to allow their As many of my colleagues know, the Farm bill, one of the premises its suc- states to set their own dairy policies— Compact was a state-generated re- cess was based on was that farmers within federally mandated limits— sponse to the decline in the New Eng- would also have the freedom to mar- through compacts. land dairy industry over the last dec- ket. By expanding our markets over- When it was clear that federal poli- ade. In the early 1990s, all six New Eng- seas, our farmers would not have to de- cies were not working to keep dairy land states approved identical legisla- pend on subsidies from the federal gov- farmers in business, states took the tion to enter into the Compact. Con- ernment. Yet, after the Senate over- matter into their own hands to insure gress approved the Compact as part of whelmingly passed an amendment to that dairy farmers stay in business and the 1996 Freedom to Farm bill. update our sanctions policy and allow to assure consumers fresh, local sup- Due to the unique nature of fluid our farmers access to more markets, plies of milk. It saddens me that Con- milk, it must be worked quickly the Conference committee decided to gress is now standing in their way. through the processing chain and get continue with the old system of guar- The Northeast Compact has done ex- to store shelves within days of its pro- anteeing farmers the price they want actly what it was established to do: duction. Due to these conditions, dairy through artificial means and expect stabilize fluctuating dairy prices, in- farmers are at a distinct disadvantage taxpayers to go along with it. sure a fair price for dairy farmers, keep when bargaining for a price for their Now, I am sure that many of these them in business, and protect con- product. As a result, the minimum crops did suffer significant price or sumers’ supplies of fresh milk. Many of farm price fluctuated wildly over time. market losses and may deserve assist- our friends in the South saw how the The Compact corrected this problem ance. But, farmers in the Northeast Compact provided a modest but crucial and leveled the playing field at no cost and Mid-Atlantic are just as worthy. In safety net for struggling farmers. to the American taxpayer. How can one Vermont alone, we have witnessed over They, too, want the same for their be against that? $40 million in drought damage. Without farmers, and their farmers deserve that I am heartened by the consistent ef- some assistance many of our farmers same opportunity. forts of my colleagues Senators JEF- are not going to make it through the Unfortunately, opponents of dairy FORDS, SPECTER, and LEAHY among oth- winter. In the last two years they have compacts—large and wealthy milk ers to keep these dairy farmers in mind suffered through an ice storm, flooding, manufacturers, represented by groups throughout the debate on the bill and and two summers of drought. such as the International Dairy Foods in conference. Although we were not What is so galling to me is that al- Association—have thrown millions of successful, the issue will not go away. though Congress authorized $10.6 bil- dollars into an all-out campaign to The dairy compact issue will be revis- lion in disaster payments in Fiscal stop compacts. These processor groups ited and the voice of the majority of Year 1999, the Northeast and Mid-At- are opposed to dairy compacts simply Senators will be heard. lantic have only received 2.5 percent of because they want milk as cheap as I thank the chair for this time, and I that assistance. Today, we will likely they can get it to boost their enormous yield the floor. pass $8.7 billion in disaster assistance profits to record levels, regardless of Mr. LEAHY. Mr. President, I rise to and our farmers will probably only re- the impact on farmers. join my colleagues today in opposition ceive 2 cents out of every dollar. Mr. President, it is time for Congress to the Fiscal Year 2000 Agriculture Ap- Adding salt to our wounds, the Con- to go back to worrying about small propriations Conference bill. Usually, ference Committee also saw fit to farmers in this country. That is why it’s a testimony to someone’s power block any extension of the Northeast this Conference bill is such a dis- when they can ‘‘kill two birds with one Dairy Compact. Our region developed appointment to so many of us. The tri- stone.’’ Well, amazingly the managers and implemented a system to help our ple whammy of blocking the Northeast of this bill were able to kill three birds dairy farmers at no cost to the federal Dairy Compact, providing no drought with one stone - - the Northeast Dairy government. relief and closing the door to new mar- Compact, drought relief and agricul- I cannot understand how it made kets will jeopardize the future of small tural sanctions. sense to the Conferees to stop a pro- farmers in my region.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12493 These farmers do not usually come to ferees have noted in this conference re- I am extremely disappointed and dis- Congress asking for help and they have port. Certainly Mother Nature has not heartened that this year’s Agriculture rarely received it. Now, when they are been kind to many of our farmers this Appropriations bill will not take steps facing one of their bleakest moments year, and I am concerned that the $1.2 to open up additional trade markets to Congress has said ‘‘no.’’ I expected bet- billion set aside in this conference re- domestic producers, especially after ter. port to address these weather-related this body voted 70–28 to pass legislation Mr. SMITH of Oregon. Mr. President, losses may be inadequate. Should this that would exempt agricultural prod- I rise today to speak on the passage of turn out to be the case, I hope that my ucts from unilateral economic sanc- this very important bill for American colleagues and the Administration will tions. agriculture. I want to thank Senator be willing to provide the resources to In short, Mr. President, a small hand- COCHRAN and his staff for all of their address these needs in a future supple- ful of people have overturned the will hard work to produce this legislation mental appropriations vehicle. of the majority by strong-arming Con- under very difficult circumstances. Al- Perhaps the biggest reservation I gress with decisions made behind though I feel much more needs to be have with this farm assistance package closed doors. The Members who re- done to address the problems in the is that it does not provide any funding moved sanctions language from the farm sector in my state, I will be sup- to address the problems of the so-called Conference Report are the very same porting this conference report today in minor crops. When the bill passed the members who promoted the Freedom the hopes that it will provide imme- Senate last August, it contained a $50 to Farm Act. It’s beyond me how they diate help to agriculture producers million earmark for fruit and vegetable expect Freedom to Farm to work when across the country still reeling from producers. While these farmers have they remove the best chance for our the combination of low prices and poor persevered with virtually no federal as- farmers to compete in a global econ- weather this year. sistance in the past, they have not omy. Although the underlying bill provides been immune to the Asian financial For months our farmers have been some $60 billion for domestic nutrition crisis and the historic downturn in the left hanging when it comes to disaster programs, food safety, agriculture re- agriculture sector that we have seen in relief payments, loan guarantees and search and extension, and other impor- recent years. Nursery and potato pro- crop insurance reform. Producers in tant programs administered by the De- ducers are just as much a part of Or- Arkansas should not be let down by partment of Agriculture, I would like egon agriculture as wheat and cattle, Congress again. They should be looking to speak specifically to the farm relief yet they are not represented in this re- forward to sending 300,000 metric tons package component of this conference lief package. I am especially concerned of rice to Cuba next year. Arkansas report. This bill contains $8.7 billion in about the future of Oregon’s tree fruit producers have been particularly af- emergency farm assistance for pro- industry. A number of producers in my fected by trade sanctions with coun- ducers hard hit by recent plunges in state may be forced to tear out apple tries such as Cuba, Iran and Iraq. commodity prices and, in many parts and pear orchards due to the deadly According to Riceland executive of this country, weather disasters. Of combination of international market Richard Bell, who testified before the this total, nearly $5.5 billion will go to collapse, frost and other weather prob- Senate Agriculture Committee in May, program commodity producers in the lems, and mounting domestic regu- ‘‘Probably no domestic commodity or form of increased AMTA payments to latory and labor costs. I did note that product has suffered more from these help compensate for lost markets. In the conferees made fruit and vegetable trade sanctions than rice. The sanc- Oregon, we produce a considerable producers eligible for the $1.2 billion in tions towards Cuba in particular were a amount of wheat for export to Asia, es- weather-related disaster assistance major blow to our industry, especially pecially in the Pendleton area where I money. However, I am afraid that none to growers in the South who produce am from. For many Oregon wheat pro- of this funding will reach Oregon tree long-grain rice.’’ ducers reeling from collapsed markets fruit producers, considering that this There is bipartisan support for and prices, I know these increased same pot of money will be stretched to changes in the way this country con- AMTA payments may make the dif- the limit to assist producers impacted siders economic and trade sanctions. ference between keeping land in pro- by weather problems this year. I be- So, in light of the conferees’ decision duction and having to sell the farm. lieve specialty crop farmers deserve a to remove sanctions language, I hope Since the beginning of this farm crisis, place at the table alongside our pro- my colleagues will take a serious look we have used this mechanism to deliver gram commodity producers, and I hope at cosponsoring S. 566, the Agricultural ad-hoc market loss payments to keep we will better address their needs in fu- Trade Freedom Act, which would ex- program commodity farmers afloat, ture appropriations legislation. empt exports of food and other agricul- and it may be the best and most effi- Mr. President, despite the reserva- tural products from any current or fu- cient tool available to us in the short tions I have about this conference ture U.S. unilateral sanctions imposed term. However, I believe the only long- agreement, I find that the few nega- against a foreign government. I also term solution is to expand overseas tives are, in the end, outweighed by the encourage my colleagues to consider market opportunities for our commod- many positive aspects of this bill for supporting S. 1523, The HOPE Act, ities. Although unilateral sanctions re- the Oregon farm sector. While I look which will require the President to jus- form was taken out of this bill in con- forward to the opportunity to work tify how economic sanctions serve our ference, I hope we will have an oppor- with my colleagues on the pressing national interests and to report to Con- tunity to revisit this issue before the farm issues that have not been spoken gress on an annual basis the costs and end of this session so that we may to in this conference report, I will be benefits of food sanctions. begin to address some of the root casting a vote in favor of the bill. I It’s foolish to let our foreign policy causes of our commodity price prob- hope that we will act affirmatively on objectives cloud common sense. With- lems. this legislation today and not further out access to foreign markets, we can- This farm aid package also provides delay the delivery of this needed relief not expect the agricultural community $1.2 billion for weather-related disaster to family farmers across the country. to survive. Without a better long-term assistance. Severe droughts, both in Mrs. LINCOLN. Mr. President, I plan farm policy, it most certainly will not. the Mid-Atlantic States and in parts of to vote for the Agriculture Appropria- While this bill provides some relief, my state, have caused tremendous ag- tions Bill today, and I would like to it doesn’t go far enough. What we must ricultural losses this year. In addition, thank those who have helped move the do is give our farmers a consistent, as we all know, flooding in the after- ball down the field. But I’d like to workable agriculture policy. We must math of Hurricane Floyd brought se- state for the record my opposition to give them some idea of what they can vere farm losses to the Carolinas this the Conference Committee’s decision count on from their government in fall. Rising waters are also a problem to remove language previously ap- terms of consistent farm policy. Re- for the second consecutive year in the proved by the Senate that would have peatedly passing emergency disaster Malheur-Harney Lakes Basin of South- removed barriers to trade for domestic relief bills isn’t the answer. And it is eastern Oregon, an issue which the con- producers. clear that Freedom to Farm has not

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12494 CONGRESSIONAL RECORD — SENATE October 13, 1999 worked. According to today’s Wash- experience much wider price shifts USDA COMMODITY CREDIT CORPORATION PURCHASES OF ington Post, ‘‘Congress has now spent than in the Northeast Compact states. SURPLUS DAIRY PRODUCTS TOTAL, AND PERCENTAGE $19 billion more in the first four years Also, where is the consumer outrage BY REGIONS FY 1996/97, FY 1997/98 AND FY 1998/99 of Freedom to Farm than it was sup- from the Compact states for spending a TO DATE—Continued posed to spend during the bill’s entire few extra pennies for fresh fluid milk so as to ensure a safety net for dairy 1996/97 1997/98 1998/ seven-year life-span.’’ 99 1 This relief package will hopefully get farmers so that they can continue an important way of life? I have not heard West ...... 43.2 90.2 90.5 several of our nation’s producers East ...... 0.0 0.2 0.0 through this growing season, but it any swell of outrage of consumer com- does nothing to ease the minds of our plaints over the last three years. Why, U.S...... 100.0 100.0 100.0 agriculture community for next year. because the consumers also realize this 1 October 1, 1998–September 3, 1999. We’ve taken care of the short term initial pilot project has been a huge Notes: The eastern region from Maine to Florida has sold no surplus dairy products to USDA this fiscal year. All CCC purchases have been nonfat dry needs of our agriculture community, I success. milk with 164 million pounds (90.5%) coming from the western states and hope that my colleagues will soon take Mr. President, there is almost $8 bil- 15 million pounds (9.5%) coming from the Midwest states for a total of more than 179 million pounds. care of the long term. lion in the Agriculture Appropriations Sources: Dairy Market News, USDS–AMS: Vol. 65—Report 39 (Oct. 2, Ms. SNOWE. Mr. President, I would Conference Report for farm disasters 1998) and Vol. 66—Report 35 (September 3, 1999). like to once again reiterate my support partially created by competition in the Ms. SNOWE. An important point for the reauthorization of the very suc- global marketplace and because of a se- here, Mr. President, is that, despite cessful Northeast Interstate Dairy ries of weather-related problems. The what has been said on the Senate floor Compact, and I must vote against the funding will be paid for by the federal today, the Eastern region of the coun- FY2000 Agriculture appropriations con- government. Now, some of my col- try from Maine to Florida—the very ference report without its reauthoriza- leagues want to create a disaster situa- states that wish to compact—sold no tion. This past Thursday night, I came tion for Northeast dairy farmers by surplus dairy products to the USDA to the Senate floor to urge my col- taking away a program that has not this past fiscal year. All Commodity leagues to consider certain points that cost the federal government one cent. Credit Corporation purchases came should prove that support of the Com- There has been no expense to the fed- from the Western and Midwest states. pact is justified and I would like to eral government—not one penny—for And, despite what has been stated by briefly reiterate them again today. the Northeast Interstate Dairy Com- the opposition, there are no added The Northeast Dairy Compact has pact. The costs to operate the Dairy costs to the federal nutrition program. addressed the needs of states in New Compact are borne entirely by the There has been no adverse price impact England who compacted together with- farmers and processors of the Compact on the WIC program—the Women’s In- in their region to determine fair prices region. And, when there has been a rise fants and Children’s program—or the for locally produced supplies of fresh in the federal milk marketing prices Federal school lunch and breakfast milk. All of their legislatures and the for Class I fluid milk, the Compact has programs. In fact, the advocates of governors approved the Compact and automatically shut itself off from the these programs support the Compact all that is required is the sanction of pricing process. and serve on its commission. In addition, the Compact requires the Congress to reauthorize it. So, I ask for the support of my col- The Compact has proven to be an ef- compact commission to take such ac- leagues today for my dairy farmers in fective approach to address farm inse- tion as necessary to ensure that a min- Maine and to vote against the Agri- imum price set by the commission for curity. The Compact has protected New culture Appropriations Conference Re- the region does not create an incentive England farmers against the loss of port because it does not include the re- for producers to generate additional their small family dairy farms and the authorization of the Northeast Inter- supplies of milk. There has been no consumers against a decrease in the state Dairy Compact as the State of rush to increase milk production in the fresh local supply of milk. The Com- Maine and every other New England Northeast as has been stated here pact has stabilized the dairy industry state legislature, governor and its citi- today. There are compensation proce- in this entire region and protected zens have requested, and I thank the dures that are implemented by the New farmers and consumers against volatile Chair. England Dairy Commission specifically price swings. Mr. TORRICELLI. Mr. President, I to protect against increased production Mr. President, over ninety seven per- rise in strong opposition to this legisla- of fresh milk. No other region should cent of the fluid milk market in New tion. It does not provide adequate relief feel threatened by our Northeast Dairy England is self contained within the to farmers across this country. It fails Compact for fluid milk produced and area, and fluid milk markets are local to address issues which will decide the sold mainly at home. fate of tens of thousands of family due to the demand for freshness and be- There is no evidence that prices farms. It fails to give relief to an entire cause of high transportation costs, so Northeast dairy farmers receive for region with a significant farming com- any complaints raised in other areas their milk encourages overproduction munity. The drought afflicting farmers about unfair competition are quite dis- of milk that spills over into other re- in the Northeast and Mid-Atlantic re- ingenuous. gions and affects dairy farmers in other gions is as severe a threat to their ex- All we are asking, Mr. President, is areas. I ask unanimous consent to have the continuation of the Northeast istence as low crop prices are to others. printed in the RECORD, a table from the The farmers of my state wish they had Dairy Compact, the existence of which Daily Market News showing USDA crops to receive low prices for. Yet this does not threaten or financially harm Commodity Credit Corporation pur- bill fails to remotely begin to address any other dairy farmer in the country. chases of surplus dairy products with Only the consumers and the proc- their concerns. The entire relief pack- the total and percentage by regions for essors in the New England region pay age of $8.7 billion is primarily focused the last three fiscal years. to support the minimum price to pro- There being no objection, the mate- on low crop prices in the South and to vide for a fairer return to the area’s rial was ordered to be printed in the a much lesser degree the Midwest. Only family dairy farmers and to protect a $1.2 billion or slightly over 10% is for RECORD, as follows: way of life important to the people of ‘‘weather-related disaster relief’’. the Northeast. USDA COMMODITY CREDIT CORPORATION PURCHASES OF To put this in perspective, let me ex- Under the Compact, New England re- SURPLUS DAIRY PRODUCTS TOTAL, AND PERCENTAGE plain the extent of the drought dam- tail milk prices have been among the BY REGIONS FY 1996/97, FY 1997/98 AND FY 1998/99 age. Despite recent rains, New Jersey lowest and the most stable in the coun- TO DATE is in the middle of its driest season in try. The opposition has tried to make 33 years. From June to August the the argument that interstate dairy 1998/ State received less than 2 inches of 1996/97 1997/98 1 compacts increase milk prices. This is 99 rain. Normally, we receive more than 8 just not so as milk prices around the Total estimated milk volume (million) ...... 390 1,412 2.090 inches during this period. Reservoir levels in Northern New Jersey dipped U.S. have shown time and time again Percentage: that prices elsewhere are higher and Midwest ...... 56.8 9.6 9.5 to 10% below normal—and despite the

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12495 recent ‘‘rains’’, farmers have not recov- understand weather and they accept America when agriculture was domi- ered. The impact of the drought on the difficult life of a farmer but they nated by family farms, it is also about New Jersey agriculture is devastating. cannot understand how Congress, the practical reality of the loss of open 400,000 acres on 7000 farms have sus- which repeatedly sends billions to the space. It is about farms being sold to tained damage from 30%–100%. Damage South and Midwest, can ignore them in developers and turned into parking lots estimates are $80 million, and expected their time of need. I don’t have an an- & strip malls. It is a story we know all to reach $100 million. swer for them but I can only imagine it too well in New Jersey. An average of But let me be clear that New Jersey is because Members do not realize the 10,000 acres of rural/agricultural land is is not alone. Secretary Glickman esti- extent of the agriculture community in being developed piecemeal every year mates that the need for drought relief my State and our region. in New Jersey. In 1959, New Jersey had in the Mid-Atlantic and Northeast re- So I would like to educate this body 1,460,000 acres of farmland; today we gions is over $2 billion. Governors of to the significant agriculture commu- have but 800,000. In 1959, New Jersey our States estimate the damage to be nity in New Jersey and the Northeast. had 15,800 farms. Today we have 9,400. closer to $2.5 billion. But even the lim- There is a reason why they call New As I said earlier this horrible drought ited amount of funds offered in the Ag- Jersey the Garden State. The $56 bil- has crippled the fruit and vegetable riculture Conference report isn’t des- lion food and agriculture complex is farmers in my state. Unfortunately, it ignated for drought—the entire coun- New Jersey’s third largest industry, be- has also had a devastating impact on try including losses from Hurricane hind only pharmaceutical and tourism New Jersey’s already very tenuous Floyd will compete for this funding. in economic benefit. Last year, New dairy industry. It has compounded the Mr. President, my region of the coun- Jersey’s 9,400 farms generated over $777 dire circumstances affecting dairy try has a long tradition of helping out million in sales. Nearly 20% of the en- farmers from low prices. Erratic fluc- other regions in need. I recall my tire state of New Jersey is productive tuations in dairy prices is forcing House colleagues referring to the Great farmland. That’s one million acres of many out of business. For example, in Midwest Drought of 1988. Many consid- working farms in New Jersey. And in March dairy farmers across the coun- ered this drought the worst in the Mid- an era of increasing consolidation in try experienced a 37% drop in milk west since the Great Depression. That the agriculture industry, virtually all prices. When the price drops, the price year, we passed an emergency relief of New Jersey’s farms are family- family farms must pay to feed their bill which provided direct disaster pay- owned. The average farm size in New cows, hire help, and pay utility costs ments to farmers in the amount of $3.4 Jersey is just over 100 acres. At $8,370 stays the same. As prices decline and billion. I voted for this bill because it an acre, our farmland is the most valu- costs increase, farmers need a mecha- was the right thing to do. I realized able in the nation. nism to ensure stable prices for milk or that farmers in these states needed Farmers in the Garden State produce they will go out of business. drought relief, and I gave my vote of more than 100 different kinds of fruits In addition to the erratic market, support, because it was needed. and vegetables for consumption locally New Jersey’s family farms face a In 1992, Hurricane Andrew, one of the in New Jersey but also for export threat from a pricing system intro- most destructive storms of this cen- around the world. Nationally, New Jer- duced by the Department of Agri- tury, ripped through Florida, inflicting sey is one of the top ten producers of culture. This system, Option 1B, would $30 billion in damage. I voted for the cranberries, blueberries, peaches, as- almost surely be the death knell for Emergency Supplemental bill which paragus, bell peppers, spinach, lettuce, New Jersey’s dairy farmers. Option 1B, brought $9 billion to Florida, to help cucumbers, sweet corn, tomatoes, snap would reduce dairy farmer income in the citizens of that state recover from beans, cabbage, escarole and eggplant. New Jersey by $9 million a year. New Jersey’s membership in the the enormous damage to infrastruc- Mr. President, in addition to the fruit Compact would set a floor on dairy ture, homes, businesses, and crops. and vegetable farmers of my state, a prices and reimburse farmers in times 1993 was another horrible year for the small number of individuals from War- of financial trouble. It would provide Midwest, this time, hit by flooding. ren, Salem, Sussex, Burlington, and protection in the event of another dras- Many call it the Great Midwest Flood Hunterdon counties are the backbone tic price drop. Compacts would also of 1993. Midwestern states were hor- of agriculture in New Jersey. These are help maintain environment efficiency ribly damaged by the breaching waters New Jersey’s dairy farmers. The dairy and open space by preserving the more of the Mississippi. I voted for this $2.5 industry is an important segment of than 100,000 acres of New Jersey farm- billion supplemental for farm disaster our agricultural economy, supplying land for agricultural use and pre- payments. Mr. President, New Jersey almost one-fifth of the fluid milk and venting development. was not hit with severe flooding in dairy products used by over 7.5 million Unfortunately, the Dairy Compact 1993. In fact, New Jersey only received residents in New Jersey. The industry and Option 1A pricing provisions are $5.5 million in the bill. But I voted for is comprised of 180 dairy farmers. not included in this Conference Repot. this package nonetheless. Because Farmers who get up early to milk 7 This will force dairy farmers in my farmers in the Midwest needed it, and days a week, 365 days a year, starting state out of business. Like real drought it was right to provide them with ade- out long before dawn, before most of us relief, the dairy provisions necessary to quate relief. are up. sustain farmers in our region are sim- In January of 1994, the Northridge However, this pales in comparison to ply not present. Earthquake rocked Southern Cali- what the dairy industry used to be. I urge my colleagues to vote against fornia, causing in excess of $30 billion. New Jersey has lost 42% of its dairy this conference report and send a mes- I voted for H.R. 3759 which provided $4.7 farms in the past decade. New Jersey sage that we should implement farm billion in supplemental funding to as- dairy farmers produced 300 million policy for a nation of farmers, not to sist Californians in their time of need. pounds of fresh, locally produced milk serve certain regions at the expense of My point, Mr. President, is to illus- in 1997, with a value of $41.3 million. others. trate that I have voted to assist the If we do not re-authorize the New Mr. CRAIG. Mr. President, I rise in people of other regions of this country England Dairy Compact and allow for support of the FY2000 Agriculture ap- in their time of need, despite the fact New Jersey’s entrance the remaining propriations bill. This important piece that my state may not reap substantial 180 farmers will be gone in the next of legislation provides a total of $60.3 benefit. I ask that my colleagues re- decade. New Jersey’s state legislature billion. While a large portion of this spect that New Jersey and other North- has already approved entry into the funding goes toward food stamps and east states have endured a prolonged compact. The loss of dairy farms— nutrition programs, this bill also con- drought that threatens our remaining whether from inadequate relief from tains funding for agriculture research, agriculture. this summer’s drought or from an in- conservation, rural development and Over the August recess, I visited ability to enter the Dairy Compact direct assistance for our farmers to get farms and county fairs and spoke to means more that just a loss of business through these tough times. New Jersey farmers about the effect of in New Jersey. This is more than just a Farmers across the board are facing the drought on their livelihood. They nostalgia about the decline of a time in difficult times. Prices are the lowest

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12496 CONGRESSIONAL RECORD — SENATE October 13, 1999 this decade and exports are decreasing Mr. KERRY. Mr. President, I support When times are tough, I have asked while imports are increasing. For most the FY 2000 Agriculture Appropriations farmer after farmer, ‘‘why do you do commodities, the cost of production Conference Report because it provides this?’’ The job is terribly difficult, so exceeds the revenue received. It doesn’t important emergency assistance for much of what growers depend upon is take long to go out of business when America’s farmers and will provide $15 unpredictable, and for two years in a your costs are more than what you can million in disaster assistance for the row now, world markets have driven get for your end product. commercial fisheries failure in the Gulf prices so low that fathers are telling The problem is price, not the farm of Maine. I believe that this funding is their sons and daughters not to enter bill or farmers. Because of the Asian crucial to the survival of fishing indus- the family business. flu and depression of other world mar- try in New England. It will allow our But immediately after I question kets, our farmers are suffering. Simple fishermen to use their fishing vessels their dedication to their livelihood, I’m economics tells you when supply is as research platforms to do, among reminded of the golden, rolling wheat above demand, prices will drop. Ag other things, cooperative research ac- and barley fields of the Palouse. I re- commodity prices will increase as our tivities in partnership with the New member my countless visits to Yakima world markets come back, but we don’t England Fisheries Management Coun- and Wenatchee and seeing the lush, vi- cil and the National Marine Fisheries expect that to happen this year or brant greens of the orchards, rising up next. If we want our farmers to stay in Service. I thank appropriations committee out of the dust bowl that was once Cen- business, we must help them in the tral Washington. I think about the Chairman, Mr. STEVENS, and the Demo- short term until commodities can be hearty breakfast I ate that morning sold on a world market. cratic ranking member, Mr. BYRD, for their support of New England fisher- and the apples and sandwiches packed Something must be done to help the away in my grandchildren’s lunches. American farmer through these tough men and their assistance in obtaining the funding included in the Conference So much of what farmers do and what times, which is why I support this bill’s they produce is a part of our daily $8.7 billion in farmer aid. The emer- Report. I also thank Agriculture appro- priations subcommittee chairman, Mr. lives, that their existence in this coun- gency aid includes $5.54 billion in addi- try is paramount and deserves recogni- tional agriculture market transition COCHRAN, and Democratic ranking member, Mr. KOHL, and their staffs. Fi- tion. payments, which represent a 100 per- Farmers are proud, tough, hard- cent increase in a producer’s 1999 pay- nally, I thank Mr. KENNEDY, Mr. GREGG, and Ms. SNOWE for their sup- working Americans. Apple growers in ment. This is a direct payment that the State of Washington, for example, our farmers could receive before port in including this provision in the conference report. don’t like to come to my office and ask Thanksgiving if the President signs the Last year, we were able to secure $5 for help. In the past few months, how- bill into law. This is the immediate as- million in emergency assistance for co- ever, I have visited with many growers sistance our farmers and farm groups operative activities to assist fishermen who are visibly despondent. Wash- ask for in hearings in the Agriculture who were negatively affected by ington leads the nation in apple pro- Committee and elsewhere. groundfish closures in the Gulf of duction, and over the past year, it’s es- The conference report includes as- Maine. These new funds will be used to timated that producers have lost at sistance for crop insurance premium help fishermen overcome drastically least $200 million in the fresh market. write-downs to maintain the 1999 level, reduced trip limits. A trip limit of 30 From Tonasket to Wapato, the mes- which is essential if we want farmers pounds, about 2 cod, was imposed im- sage from orchardists was clear—we to keep using the program. I am also mediately after the fishery opened. need help. pleased to see assistance to certain spe- This was raised to 100 pounds by Com- Over the past two months, I have cialty crop producers. These are just a merce Secretary Daley at the request few of the provisions that I supported communicated to my colleagues and of the New England Fisheries Manage- others the significance of identifying a in this bill. ment Council. The conference report also contains mechanism to assist fruit and vege- These trip limits have had a severely table growers in the disaster assistance mandatory livestock price reporting detrimental economic and social im- legislation. I supported this price re- package. During debate on the Senate pact on many fishery-dependent com- floor in early August, I was able to as- porting legislation when it was voted munities in New England. Ongoing out of the Agriculture Committee and I sist in securing $50 million specifically stock recovery requirements have re- for fruit and vegetable relief. In the am pleased to see it is moving forward. quired continued reductions in fishing There needs to be greater transparency conference report we’re addressing and resulted in continuing hardship. today, potential relief for these very within the livestock industry. Our pro- The additional funding included in the ducers need information on which to growers is incorporated in the $1.2 bil- Conference Report will be used to em- lion available for crop loss assistance. base their marketing decisions, and ploy fishermen in cooperative research this legislation will provide that. While I am frustrated that the specific programs, fund on-vessel observer pro- designation for fruits and vegetables As others have noted, this conference grams, and provide training and edu- report does not include sanctions re- was removed, I am particularly pleased cation for fishermen. that apples were mentioned specifi- form language that passed by wide I thank my colleagues for recog- cally. margin on the floor of the Senate. nizing that New England fishermen and However, I understand legislation to their communities require disaster as- Apples are not the only commodity exempt agricultural commodities from sistance until our fisheries have a produced in Washington that could unilateral economic sanctions will chance to rebuild. stand to benefit from the crop loss sec- come before the Senate before we ad- Mr. GORTON. Mr. President, during tion of the package. Asparagus grow- journ, and it is something we ought to my service as a United States Senator ers, hard hit by weather and a lack of pass this year. In order to insure the representing the State of Washington, I labor have lost thousands of dollars in long term survival of the Agriculture have consistently reiterated one mes- fresh product. Potato growers who industry in the United States we must sage to the growers and producers I have also been impacted by poor grow- work on trade and sanctions reform to represent. While I am not a farmer, and ing conditions can approach the U.S. enable U.S. producers to compete on a could not possibly pretend to under- Department of Agriculture for assist- level playing field with the rest of the stand the intricacies of the business, I ance. Many are surprised to learn that world. will always do my best to understand the State of Washington produces more Mr. President, I hope the Senate farmers’ needs and work on agri- than 230 food, feed and seed crops, and adopts the conference report today and culture’s behalf. But there is one mes- I hope that many of these commodities the President signs it into law so that sage growers in the State of Wash- will receive the assistance they re- the hard working farmers across the ington have emphasized to me that I quire. country can get the assistance we have understand without question. When Wheat growers in Washington will promised them and that they so de- times are tough and the check book also benefit from the $5.5 billion avail- serve. doesn’t balance, families feel the pinch. able for market loss in the disaster

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12497 package. The nearly $.60 cent per bush- gling farm economy can receive the sities, research institutes, and a myr- el payment to growers will most cer- charge it needs to rejuvenate our agri- iad of other entities that were included tainly ensure that the highly de- culture communities. in this bill without consideration in manded soft white wheat our farmers Mr. LAUTENBERG. Mr. President, I the normal merit-based review process. produce will continue to flow to recov- rise in opposition to this conference re- This is $82 million more than was in- ering Asian markets. port. The East Coast suffered through cluded in the Senate version of the bill. While the disaster package contained months of drought this summer, caus- Clearly, the House had to get its turn in the Fiscal Year 2000 Agriculture Ap- ing enormous crop losses to our farm- at the trough. propriations bill is most certainly the ers. Then Hurricane Floyd arrived with For example, $1.75 million is provided highlight of the legislation, there are severe rains, further affecting farmers for manure handling and distribution other important, annual funding prior- with widespread floods. These two acts in five states, including Mississippi, ities included. As a member of the Ag- of nature are serious emergencies af- Iowa, Nebraska, Texas and Arizona. riculture Appropriations Sub- fecting millions of people, yet this con- Why these five states have a monopoly committee, I have worked to ensure ference report does not do nearly on manure problems in our nation is that the research demanded and de- enough for farmers on the East Coast. not adequately explained in this re- served as a result of the passage of the In my State of New Jersey, agri- port, nor is a rationale provided as to Farm Bill is provided for the Pacific culture is a $1 billion a year business why an earmark of $200,000 is provided Northwest. From research for hops to involving 830,000 acres on over 8,000 for sunflower research in Fargo, North disease eradication in cherries, this bill farms. This summer’s drought caused Dakota. Unless weather conditions are provides funding necessary to ensure losses on 406,000 acres affecting 7,000 of anticipated to change dramatically, it the longevity of the essential public- those farms. All 21 counties in my is difficult to fathom why spending private investment in our nation’s food State were declared disaster areas. It thousands of dollars on sunflower re- production. has taken a truly devastating toll on search in a state known for severe Language and funding in this bill di- our farm community. According to weather conditions is more critical rected at the implementation of the Secretary Glickman, the drought alone than other farming emergencies. Food Quality Protection Act are also resulted in a total of $1.5 to $2 billion No other clear explanations are pro- vided for earmarking $750,000 for the essential. Programs related to export in damages throughout the Northeast U.S. Plant Stress & Water Conserva- enhancement and market development and Mid-Atlantic regions. And now, we tion Lab in Lubbock, Texas, as well as received the favorable attention grow- have the devastation of Hurricane $1,000,000 for peanut quality research in ers in my state demanded. And the Floyd on top of the drought disaster. If Athens, GA; $500,000 for fish diseases in land grant universities are secure in any State has suffered a true farm dis- Auburn, AL; and, $64,000 for urban knowing that the formula funds nec- aster this year—it’s New Jersey as well pests in Georgia. These may very well essary for continued excellence in edu- as our neighbors in the Northeast. Unfortunately, although this con- be meritorious projects, but I must cation are available. question again why these specific With all that said, there are many in ference report contains $8.7 billion in projects and localities are singled out this body who know I was not pleased emergency assistance for farmers, only for direct earmarked funding rather with the removal of Senator $1.2 billion of that is for weather-re- lated disasters. And this $1.2 billion is than undergoing a competitive review. ASHCROFT’s sanctions relief amend- spread out over the 50 States. That will In addition to direct earmarked fund- ment in the conference report. Sanc- ing, the conferees have included very tion relief is essential for the long- not leave a fair share for New Jersey and other northeastern States that ac- blatant directive language which sin- term prosperity of agriculture in tually suffered a disaster this year. Nu- gles out specific projects in various America. While I received a commit- merous New Jersey farmers have been states for special consideration for ment that the Senate would take up left with no hay, no crops, and no live- grant funding, loans or technical as- this issue before the adjournment of stock worth taking to market. Without sistance from USDA. With these ac- this session, I cannot over-emphasize our help, the result of these disasters tions, even the limited funding made the absolute importance and sincere may force some farmers to end decades available to USDA for competitive necessity in addressing this issue. Food of family farming and to give up the grant and loan assistance is not fairly and medicine sanctions do not cripple way of life that they love. distributed since the conferees have in- regimes or dismantle communist gov- This Congress must do more. The sit- cluded such directives to steer the ernments. Instead, they hurt our fam- uation facing East Coast farmers is a agency away from considering many ily farmers and keep food out of the true emergency, in every sense of the other meritorious projects that are mouths of those who cannot provide for word. At a time when we are watching equally in need around the country. themselves. I initially refused to sign entirely predictable activities like the Another problem with this spending the conference report over this issue, census being declared emergencies, we bill is the inclusion of language which and sincerely hope the Senate will ad- are doing little to assist those who face provides for an exception for a single dress this matter in the very near fu- true acts of God. I cannot support this producer from the state of Nevada from ture. conference report until the farmers in pending federal milk marketing orders I am also not pleased with the man- New Jersey and up and down the East to be implemented by the USDA. This ner in which this bill was dealt with in Coast receive the help they need. provision will exclude a single dairy the waning hours of conference. Con- Mr. MCCAIN. Mr. President, I give producer in Clark County, Nevada from ferees were literally locked out of deci- due credit to the conferees for their the proposed new Arizona/Las Vegas sions related to the sanctions issue, hard work to complete action on the Marketing area when USDA’s rules dairy, and items included in the dis- Agriculture Appropriations bill for fis- take effect, thereby preventing this aster package. This ‘‘top-down’’ philos- cal year 2000 which supports the na- single producer from competing fairly ophy is not what should drive the pas- tion’s farming economy and federal with the rest of the milk industry. sage of appropriations bills. programs through the U.S. Department As many of my colleagues are aware, All in all, Mr. President, what we of Agriculture (USDA). This year’s ag- there are few issues which cause as have before us today is a good bill. Its riculture appropriations bill is also in- much controversy and divisiveness as contents include year-long negotia- tended to provide needed government proposed milk marketing restructuring tions on a variety of issues related to aid to farmers and their families who proposals. Yet, without any debate, the essential functions administered by have suffered critical losses due to se- language was included in the Senate the U.S. Department of Agriculture. vere drought and difficult market con- bill, without notice or debate, to pro- While some issues have caused me to ditions. However, with much regret, I tect this single dairy producer while struggle with my support or opposition must vote against this legislation. the rest of the nation will be forced to to the legislation, the benefits of its I have several concerns with this comply. Retaining this provision in the passage are overwhelming. It is my final conference agreement. conference report is a serious infrac- hope that the President will give his First, it contains $253 million in ear- tion of out obligation to treat all inter- blessing to the bill so that our strug- marks and set-asides for towns, univer- ests fairly and to abide by the Senate’s

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12498 CONGRESSIONAL RECORD — SENATE October 13, 1999 rules which preclude legislation on ap- since it is legislation that is not sup- others that will follow, and I will not propriations bills except when ap- posed to be included on an appropria- vote to place that burden on American proved by a super-majority. tions bill. Instead, it was simply in- families. Mr. President, finally, I am con- serted into the appropriations bill, be- The full list I have compiled of the cerned that this legislation contains hind closed doors, without debate. objectionable provisions in this final $1.2 billion more than the Senate bill in American taxpayers have to give up conference report will be available on emergency aid for farmers. The House their hard-earned tax dollars to pay for my Senate webpage. bill contained no such funding at all. these last-minute tactics by the Appro- The PRESIDING OFFICER. The Sen- Late last year, the Congress provided priations Committees. Clearly, Con- ator from Mississippi. $5.9 billion in emergency disaster as- gress appears to favor spending that Mr. COCHRAN. Mr. President, I yield sistance for farmers as part of the FY benefits the special interests of a few, such time as may be consumed to the 1999 Omnibus Appropriations bill. Ear- rather than spend the taxpayers’ dol- distinguished Senator from Pennsyl- lier this year, we provided another $574 lars responsibly and enact laws and vania. million in the emergency supplemental policies that reflect the best interests The PRESIDING OFFICER. The Sen- appropriations bill. I opposed both of of all Americans. ator from Pennsylvania. those bills, in part because the bills Let me state again that I support Mr. SANTORUM. Thank you, Mr. contained excessive amounts of pork- federal assistance for farmers and oth- President. barrel spending but also because of the ers in need, but only when decisions to First, I would like to say that the use of the ‘‘emergency’’ designation for spend tax dollars for such aid are con- senior Senator from Mississippi has large amounts of non-emergency pur- sidered fairly and truly help those in one of the toughest jobs on Capitol poses, some of which was included in need. But when we continue the shame- Hill, along with the senior Senator the farmer aid package. ful and provincial practice of padding from Indiana. Chairing the Appropria- While I understand and sympathize appropriations bills with excessive tions Subcommittee on Agriculture with the plight of America’s farmers amounts of dubious emergency spend- and the Agriculture Committee in the who face economic hardship due to a ing and special-interest pork-barrel Congress are just incredibly difficult wide variety of natural disasters, I can- projects, we are short-changing the tasks. The diversity of agriculture and not support the designation of the en- taxpayers as well as our agricultural the needs of agriculture are historic in tire $8.7 billion in assistance to farmers industry. This bill may help some this Chamber. as an emergency. farmers and producers who are truly in Trying to come up with a proper mix The Congress has certain rules that dire need of federal assistance, but we of how to solve the needs and the dif- apply to its budget process. One of are harming those in the agriculture ficulties in farm country is complex. It those rules states that, once a Senate- industry who are trying to follow es- is difficult. House conference convenes, negotia- tablished guidelines to qualify for I understand coalitions have to be tions are limited to only the funding other types of non-emergency assist- put together to pass bills. In this case, and legislative provisions that exist in ance. a coalition was put together to pass a either bill. Adding funding that is out- This bill designates $8.7 billion as bill that, in my mind, did not represent side the ‘‘scope’’ of the conference is emergency spending for FY 2000— the interests of my area of the country, not in order, nor is the inclusion of leg- money that can only come from the particularly my State of Pennsylvania. islative provisions that were not in ei- non-Social Security surplus. The De- I understand that. I appreciate the dif- ther the Senate- or House-passed bills. fense Appropriations bill contains an- ficulty in doing it. Once again, the appropriators have other $7.2 billion in emergency spend- I understand that Pennsylvania has a deviated from the established process ing, which I will also oppose. Together, very difficult time participating for in agreeing on the provisions in this we are spending almost $16 billion in one reason. We are a very diverse State conference report by adding another emergency spending, but, Mr. Presi- agriculturally. We have a tremendous $1.2 billion in emergency funding to the dent, the non-Social Security surplus amount of richness in our agriculture. bill—funding that was considered by is only estimated to be $14 billion. That It is our No. 1 industry. Pennsylvania’s neither the House nor the Senate—just means, pure and simple, that if we ap- No. 1 industry is agriculture. Most peo- the appropriators. That $1.2 billion for prove these two bills with their emer- ple don’t know that. Most people don’t crop disaster loss payments that was gency funding, we will once again be know that the State of Pennsylvania, added to the emergency farm aid pack- dipping into the Social Security sur- the Commonwealth of Pennsylvania, age may very well be needed by some of plus to pay for the continued oper- has the largest rural population of any our nation’s farmers. But its inclusion ations of the federal government. State in the country. We take agri- at the last minute defeats the entire Already this year, the Senate has ap- culture very seriously. Obviously, our concept of fiscal responsibility, which proved appropriations bills or con- rural population depends heavily upon is premised on the full Congress debat- ference agreements containing almost agribusiness for survival. ing budget priorities, not just the ap- $10.5 billion in wasteful and unneces- We have been hit this year with an propriators. sary spending. Surely, among these bil- absolutely historic drought that has There were other last-minute add-ons lions of dollars, there are at least a few devastated our farm community. in the conference which were not in- programs that we could all agree are Throw on top of that, sort of adding in- cluded in the Senate or House bill, in- lower priority than desperately needed sult to injury, a big chunk of our State cluding: $2 million for water and waste aid for America’s farmers. Surely, in was hit very hard by Hurricane Floyd. forgiveness loans; $15 million for Nor- the voluminous lists of billions of dol- Not only did we have drought on top of ton Sound Fisheries failure in Alaska; lars of pork projects, there are a few drought and the crops burned up, but $56 million for administrative costs as- that the Congress would be willing to they had floods. We have a situation sociated with managing emergency give up to ensure that we not once where in almost every county of our asssistance programs; and, an entirely again dip into the Social Security State crop losses are in the area of at new title to the bill, Title IX, which Trust Fund—a Fund financed by the least 30 percent, and in many areas and contains 25 pages of legislation to es- payroll taxes of American workers who many counties it is 100 percent. tablish a new mandatory price report- are counting on their money being I looked at the bill we have before us ing system for various livestock. While available to help them through their in the Senate and the one that came this legislation originated in the Sen- retirement years. out of conference. I was hoping we ate, it was never called up for debate or This bill demonstrates that the Con- could focus more of the $8 billion that a vote. gress cares more about taking care of is in this bill on the area of the coun- This last provision was never offered special interests than it does about try that was affected most dramati- as an amendment on the Senate floor American families. It is the taxpayers cally by weather this year. In my during consideration of the Agriculture who have to shoulder the burden to pay mind, it has not. I am not just speak- Appropriations bill, probably because for the pork-barrel spending in this ap- ing for Pennsylvania. I am talking it would have been ruled out of order propriations conference report and the about all of the Northeastern States

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12499 that were affected—the Mid-Atlantic tury, the answer is: Wait until the I have to oppose this bill, reluc- States—by drought. The big chunk of spring. We may pass a supplemental if tantly. I understand the difficult job this bill is for AMTA payments, which you need it. the Senator from Mississippi had in are payments to farmers who are pro- That doesn’t cut mustard. I under- trying to craft this to pass the Senate gram farmers. stand we had a vote here yesterday on and get it signed by the President, but Before we pass this bill, we are going cloture and a group from the Northeast for me it doesn’t do enough for my area to give $5.5 billion out to farmers who cast our votes on cloture. We were de- of the country. were previous to the Freedom to Farm feated. We will be defeated today. This I will have to vote ‘‘no’’ on the bill. bill in Government programs. The bill will pass and will become law. I un- Mr. COCHRAN. Mr. President, I problem in Pennsylvania is we have a derstand the need for getting assist- thank the Senator from Pennsylvania, very small percentage of those farmers ance to farmers. I have to speak up and because of our diversity. We have very say what is in this bill is not enough to Mr. SPECTER, for his comments about few program crops. We have a lot of take care of the needs of the farmers in the work that went into crafting this specialty crops, livestock, and dairy. my State. bill and the challenges we faced along As a result, a very small percentage of A couple of other things happened the way. We appreciate very much his our farmers participate in the AMTA that were disconcerting. We had $134 assistance. He is a member of the legis- payments. A very small percentage of, million in specialty crop money that lative committee on agriculture and frankly, most of the Mid-Atlantic and came out of this bill. We grow a lot of has provided valuable advice, counsel, Northeastern farmers participate in fruits and vegetables in Pennsylvania, and assistance in the crafting of this the AMTA program. specialty crops, important crops. We bill. We thank him for that. When you look at the $8 billion-plus had $134 million for that. When it came As I understand the status of time, that is in this bill and you see $5.5 bil- from conference, the money was out we have about 20 minutes remaining on lion of it going to AMTA, almost none and ‘‘specialty crop’’ was defined as the Republican side. of that is going to the area that is most only tobacco and peanuts. We don’t The PRESIDING OFFICER. There grow a lot of tobacco and peanuts in affected by the drought. It is going to are 26 minutes remaining and 191⁄2 min- the area that is having bumper crops. Pennsylvania or New Jersey or a lot of utes on the Democratic side. The reason we are providing ‘‘dis- other areas hit by the drought. Again, that money was designated to Mr. COCHRAN. I yield such time as aster’’ help, the disaster in most of the he may consume to the Senator from country is they have too much harvest- help some of our farmers who are not Minnesota, Mr. GRAMS. time. As a result, prices are low. So we the farmers who have been at the Gov- are going to give them money because ernment trough for years and years Mr. GRAMS. Mr. President, I rise they have too many crops to sell at too and years with program crops, but today to first commend my colleagues low a price. folks making it on their own, not com- for their overwhelming cloture vote I can tell you my farmers in Pennsyl- ing to Washington asking for money. last night that permits the Senate to vania wish they had something to sell. The one time we ask for money, the an- move closer to passing this very impor- So I am a little frustrated when you swer is no. I think that is a very sad tant Agriculture appropriations con- look at where the bulk of the money is commentary. We took the money for ference report. I especially commend going. It is going to areas that are specialty crops, for fruits and vegeta- my colleagues for stopping an intended hardly hit by a disaster, and certainly bles—again, people who have never got- filibuster that was designed to apply no weather disaster. It is a disaster of ten Government subsidies—and we give pressure to extend the life of the richness, if you will, because of the tre- them to two programs that are still Northeast Dairy Compact. I look for- mendous amount of harvest that has getting Government support—tobacco ward to the day when we can talk occurred in that area, and, obviously, and peanuts. about the Northeast Dairy Compact in the world situation and the like. When That is a misguided policy. I under- the past tense with its detrimental ef- you look at what is specifically tar- stand the dynamics of trying to pass a fects on Midwest dairy farmers; that geted for my area of the country, the bill. I understand the power and the in- time will be ended. ‘‘drought relief’’ is $1.2 billion. Not all fluence of the peanut lobby, the sugar After hearing all the rhetoric about of it goes to drought relief. A lot of it lobby, and the tobacco lobby. I under- how compacts are necessary to save is going to hurricane disaster relief. stand now we have the honey program small family dairy farms, I think it is I can tell you my Governor told us back in place, and the mohair program very important to highlight some in- that just the preliminary numbers in is back. I understand all that. formation my office recently received. Pennsylvania are approaching $1 bil- I keep looking at what it does to According to the USDA, NASS data re- lion in losses for drought. So $1.2 bil- those who have been paying the bills garding 1998 dairy herd size averages, lion for drought and hurricane relief for a long time for agriculture in the Vermont dairy farm herd sizes aver- doesn’t even begin to touch on what northeastern part of the country. What aged 85 head and New York farms aver- the problem is in Pennsylvania. I see is a neglect of a bunch of farmers aged 81 head. In the Midwest, Min- I know some have said we can do a who work just as hard as folks in other nesota dairy farms averaged 57 head supplemental appropriations bill in the areas of the country who don’t ask the and Wisconsin farms averaged 59 head. Government to help very much. We spring to see what the problem is. My Again, Vermont dairy farms averaged hardly ever ask the Government to farmers can’t wait until spring. They in size almost 50 percent larger than help in our agriculture. The one time have to survive the winter. While some Minnesota dairy farms. So much for we get hit with the drought of the cen- folks are getting double AMTA pay- the idea that the Northeast is com- tury, the answer is: We will give you a ments, $11.2 billion worth of money, peting against corporate farms in the little here, and wait until next year, my farmers are going to be told to wait Upper Midwest. until the spring. and maybe we can give you some more. Our area of the country has come to By the way, some of the other stuff we I cannot stress this point enough: the table time after time after time were going to give you, we will not. The Northeast Dairy Compact is heav- after time as the Upper Midwest, the I thank the chairman for the money ily subsidizing large-scale dairy oper- Southeast, and other areas of the coun- for crop insurance. That is something I ations while those small farmers in the try have suffered drought, pestilence, very much wanted. The $400 million to region do not receive enough to seri- floods, hurricanes, tornadoes—I can go help try to get farmers into the crop ously impact their bottom line. on and on—a disaster a year in those insurance business is very important. We have always known that com- areas. We understand that. Our tax- We need more farmers covered with pacts are bad for consumers, especially payers and farmers have come to the risk management tools. Crop insurance low-income consumers. But now we table and been willing to put up is important. I urge the chairman of have additional data from the USDA money. We are a big country, and we the Agriculture Committee, Senator showing they help large-scale dairy will pitch in together to help. LUGAR, to take that up quickly and farming operations rather than helping When it comes to our farmers being move forward on crop insurance to put what we hear a lot about, the small hit with the worst drought in a cen- the money to good use. farm proponents they claim to help.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12500 CONGRESSIONAL RECORD — SENATE October 13, 1999 Dairy compacts are an economic zero sign on to this protectionist economic down in Texas. But our country’s dairy sum game in which there are many los- power grab. For farmers who raise supply is more than adequate to ers—most importantly, again, the con- corn, soybeans, wheat, potatoes, and produce fluid milk; that is, the class I sumer, and especially low-income con- other commodities, it seems we are milk, as they call it. That milk can be sumers. Dairy farmers in the noncom- willing in this Congress to try to work supplied to any part of the continental pact regions become losers. We hear for their best interests. There is no dif- United States. There is no shortage of the rhetoric that somehow the compact ference if you raise corn in Iowa or Illi- fluid milk production in America. It is only there for the Northeast and it nois or Minnesota or Pennsylvania; the should be built on a competitive basis, doesn’t have any effect on any other markets treat that corn the same. It is not protectionist, not a compact re- dairy farms across the country. That is on a competitive basis. The farmers gion, not guaranteeing some farmers completely false. It does have dramatic compete on their productivity. But protection at the expense of other effects and impacts upon prices of when it comes to milk, it is completely farmers. farmers in other areas, especially in different. If you are in one part of the The country produces three times as the Upper Midwest. country, you get more money for your much milk as it consumes as a bev- The real winners in this zero sum milk than in other parts. Now in the erage. ‘‘The milk may not be locally game, again, are the large dairy pro- Northeast we want to set up a cartel produced,’’ is what you have heard— ducers located in the Northeast that that has price fixing, that encourages some of the jargon now, ‘‘fresh, locally receive literally tens of thousands of overproduction, which then spills over produced’’—but it will be fresh. To tell dollars in subsidies for their already to the rest of the country. consumers they will not get fresh, lo- profitable businesses, not the small Why do we support one part of a na- cally-produced milk, again, is an inten- dairy farmer who supporters say were tional agricultural policy but then dis- tional deception designed to lead peo- the focus of this idea to begin with. tort another part of that policy, and ple into thinking if there are no com- The average 6-month subsidy for that is dealing with dairy? Why should pacts, the grocers’ milk supply will dry large Northeast dairy farms is pro- dairy farmers be treated differently up or deliveries might be sporadic or jected to be $78,400—$78,400 in 6 months. than any other farmer? Why should we frequently interrupted, which is simply Dairy farmers in Minnesota would rel- take dairy markets from one region of not true. The perception that somehow ish that kind of an income if it were the country and give them to another Midwest milk is not as good as any- spread across the whole year. But Min- region of the country? That is exactly, thing produced locally is also an af- nesota farmers wisely have rejected again, what the cartel does. Because front to the hard-working dairy farm- this effort that distorts the system and the milk produced in the Northeast ers in my State. harms their fellow farmers in other that is not consumed in fluid form is A compact spokesman in the Chris- States. spilled over into the Midwest as pow- tian Science Monitor article also Compact supporters have chosen a dered milk, cheese, and butter. So they claims that locally produced milk will strategy of pitting one region of the are now competing for those markets be cheaper to deliver than the milk country against another, offering the and we are then giving them those bought and brought in from outside the cartel-like protection of a compact to markets, or at least a share of them. area. Not if you live in a compact re- other States to prod them into joining Should large producers in the North- gion, it will not be cheaper. Compacts the economic warfare. They say: In east be able to thrive at the expense of are designed to protect inefficient pro- order to strengthen our position, let’s small farm families in the Midwest? ducers in one region against the more encourage others to set up compacts, Our farm families in the Midwest are efficient producers in another—specifi- let’s try to expand these ‘‘cartels,’’ and among the most productive in the cally, the efficient farmers in the then we can encourage more votes— country. Yet their fate now depends Upper Midwest. When people argue and then, again, pitting one region of not on their competitiveness, not on that when dairy products are no longer the country against another, encour- their ability to produce in a competi- produced within a region prices to con- aging economic warfare. Then they can tive manner but on the raw deal pre- sumers go up within the area, do not carve up the market, they can receive sented to them by subsidized dairy believe it. If that were true, why would fixed prices for the milk they produce, farmers in the Northeast. they need compacts at all? and they claim this policy does not dis- I am always frustrated by the claim If milk produced locally would be criminate against other regions of the from our pro-compact spokespersons, cheaper, why do they need a compact country. and repeated again in a recent Chris- at all? The reason they need it is to Higher prices promote higher produc- tian Science Monitor article, that com- drive up their prices. Dairy compacts tion. It doesn’t take a scientist to fig- pacts are necessary to guarantee cus- create a minimum price for milk, and ure this out. That is, production is ex- tomers and consumers ‘‘an ample sup- they are designed to keep cheaper milk panded beyond the compact region’s ply of fresh, locally produced milk.’’ I out of the region, not in the region. fluid needs, the excess production then am satisfied this rhetoric is designed to Again, we don’t do this with any other goes into nonfluid dairy products or scare consumers into believing if they farm product. We do not set a floor or nondrinkable milk products, and this do not support these compacts they a minimum price for corn from one re- depresses the nonfluid prices nation- will then go to the grocery store and gion to another. We don’t pit the wide. encounter empty milk cases because Northeast against the Midwest against The overproduction in the Northeast they cannot get ‘‘fresh, locally pro- the Southeast against the South; we do generated by the compact —the cartel, duced milk.’’ not do that. But in dairy we do. the fixed prices, encouraging over- The well-known truth is, with the Dairy compacts create a minimum production—then is spilt over into modernization of refrigeration and price for milk, and they are designed to other regions of the country, which transportation, we could basically keep cheaper milk out of a region, not then depresses those prices. When they eliminate the entire milk marketing into the region. So, again, why do they say it has no effect on other dairy orders in this country. That is why need compacts at all if their arguments farms around the country, that is com- they were established to begin with, are true? pletely false. It does. Where does the because there was not the refrigera- Upper Midwest producers can sell excess milk go? Again, the prices en- tion, there was not the transportation class I fluid milk in New England for courage overproduction, the over- to ensure an adequate supply of milk in less than the $16.94 per hundredweight production then is spread out across other parts of the country. So it has floor price of the compact. But the the country, and that depresses the distorted the entire dairy process. floor price in New England effectively prices for dairy farmers in the Upper But now, with new types of refrigera- keeps the cheaper milk out of the mar- Midwest. tion and transportation, milk can be ket. Indeed, after the Northeast Com- It is very disappointing to me that shipped all over the country and can go pact was enacted in 1997, the price of colleagues would describe themselves to any consumer from anywhere, fresh, milk rose—this is the price of milk in as free marketers, who understand the just as, say, oranges from Florida, let- New England—from $2.54 all the way up basic principles of economics would tuce from California, red meat from to a high of $3.21 a gallon. Milk prices

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12501 there initially jumped about 20 cents a table relief to farmers in northwestern aster assistance or economic assistance gallon. In fact, there were some grocers Minnesota who have been shortchanged designated as emergencies. who put up signs along the dairy case in the past by some of these relief bills. Mr. GRAHAM. I thank the Senator. that said: Don’t blame me for the high- I now hope Congress will turn to enact- The emergency spending items which er prices in milk. Blame the compact. ing long-term solutions that will make were included in the fiscal year 2000 That was because consumers were com- such emergency packages as this one conference report, what is their degree plaining about the jump in the price of unnecessary. of adherence to the statutory criteria milk in the New England area. Mr. President, I look forward to for emergency spending, which are that So it does drive up the price. They al- working with my colleagues to fulfill spending must be necessary, sudden, ways quote a study that was done. our responsibilities to the American urgent, unforeseen, and not permanent They said the first 6 months the com- farmer. in character? pact went into effect, it had basically I yield the floor. Mr. COCHRAN. Mr. President, it is no effect. I would like them to take the The PRESIDING OFFICER (Mr. my understanding there is no statutory last 6 months because the compact had CRAPO). Who yields time? The Senator test for defining or deciding what is not even geared up in those first 6 from Florida. and is not an emergency. Even for months, so it had very little chance to Mr. GRAHAM. Mr. President, I rise OMB, it is a matter of policy, as we un- distort the market. But now, take a to ask the manager of the bill a ques- derstand it, and that is an executive poll, now take a survey, do the report tion relative to fiscal provisions within branch agency under the jurisdiction of now, and I will bet the 6 months in the this bill. The context of these ques- the President of the United States. tions is when we commenced this ses- last 6 months would be much different In the Senate, an emergency is what- sion of Congress, the Congressional than what they are quoting today. ever the Senate decides is an emer- I believe compacts are clearly bad for Budget Office estimated the non-Social gency. A majority of the Senate can America. I urge my colleagues to reject Security surplus for fiscal year 2000 designate an event or an appropriation their extension and insist they not, would be approximately $21 billion. as being for an emergency purpose, and again, be slipped into another appro- Thus far, we have committed $7 billion that is how we judge whether it is an priations bill in the dead of night. of that to the 1999 supplemental appro- emergency—whether a majority of the To wrap up about the dairy bill—I priations bills through the designation Senate approves it as such. also wanted to talk about the Agri- of various items as emergencies. Mr. GRAHAM. To the extent those This bill has additional items des- culture appropriations conference we criteria of emergency being nec- ignated as emergencies totaling $8.7 are considering. I am pleased again it essary—sudden, urgent, unforeseen, billion. The effect of this, plus prior ac- contains the $8.7 billion in emergency and not permanent—if those were the tion, would be to reduce the estimated appropriations. I urge the USDA to criteria, what proportion of the $8.7 bil- non-Social Security surplus to $5.3 bil- work to get the assistance to our Na- lion of emergency spending would meet lion. tion’s farmers without delay. We also have in the offing other those standards? I am also encouraged by conference Mr. COCHRAN. Mr. President, I say emergency provisions which will total report language urging the President again, we have no set of criteria. There approximately $15 billion and thus to be more aggressive in strengthening is no statute that provides any criteria eliminate the non-Social Security sur- trade negotiating authority to help or test against which a finding of emer- plus and place us in a position of hav- American farmers and also in express- gency need be made. So it would be ing to do what we have all committed ing Congress’ goals for the upcoming presumptuous on my part to try to an- not to do, which is to dip into the So- negotiations. The conference report is swer what part or if all of the emer- cial Security surplus by in excess of $10 not perfect but it will give our farmers gency spending in the bill would stand billion. the help to make it through another In that context, I want to ask the the test of the criteria the Senator has year. But it will be imperative that manager a short list of questions, and identified. All five of the ones you have Congress continues to address reforms I say to my good friend, the Senator listed are subjected to—there is no ana- in our trade sanctions, EPA regula- from Mississippi, I commend him for lytical test, in other words, with which tions, crop insurance, and also in the the work he has done this year and in one can do this. I do not think there is Tax Code for farmers to have an envi- previous years on behalf of American any substitute for good judgment and ronment in which they can truly agriculture. I know the frugality with common sense myself, and I think that thrive. I am also glad conferees added which he approaches his task. He has is what the Senate relies upon. additional assistance to farmers who been faced, as has happened in the past, Mr. GRAHAM. In the fiscal year 2000 suffered through these natural disas- with an unusual set of circumstances budget, how much is budgeted for ters. affecting American agriculture and emergencies that potentially will occur I urge the USDA, when it is distrib- thus the necessity for emergency in the fiscal year that began on Octo- uting the aid, to remember farmers in spending. ber 1? the northwestern part of my State of What is the level of emergency Mr. COCHRAN. The Appropriations Minnesota have been prevented from spending included in this conference Committee allocations that were made planting due to flooding. In fact, some committee report? to each subcommittee do not contain a farmers in the northwestern part of Mr. COCHRAN. Mr. President, if the designation for emergencies as such. Minnesota have not had crops now for Senator will yield, the amount in- And as far as I know, the budget reso- 7 years because of varying disasters: cluded in the conference committee re- lution did not contain any specific sec- Flood, drought, disease, et cetera. In port that is attributable to emer- tion with an authorization or a des- northwestern Minnesota this year, crop gencies is $8.7 billion which is for dis- ignation of funds in the budget for agents and FSA crop acreage reports aster assistance and economic assist- emergencies. show that 70 to 75 percent of the entire ance for farmers. Mr. GRAHAM. If I can editorialize a area’s tillable acres were prevented Mr. GRAHAM. How much has been moment on that question, it seems to from being planted in 1999. Only 10 per- designated for emergency spending in me this would be analogous to a family cent of the normal intended acreage of the Senate bill which this body passed? which, for instance, in its budget had annual crops will be harvested this Mr. COCHRAN. Mr. President, when said: We will estimate the cost of med- year at all. Rainfall amounted to over we passed the bill in the Senate, there ical care for our family will be $250. At 200 percent of normal in the critical was $7.6 billion approved by the Senate the end of the year, they found, in fact, planting months of April, May, and as emergency spending for agriculture. it was $1,000. They had to make certain June. Mr. GRAHAM. And how much had end-of-the-year adjustments in order to I know there have been many farmers been approved by the House in its fill that $750 missing element in their across the Nation affected by drought original version of the Agriculture ap- budget. When they began to write the this year, just the opposite of the prob- propriations bill? budget for the next year, one would lems we have had. But I do expect Mr. COCHRAN. Mr. President, the think prudence would say: Let’s in- USDA to provide sufficient and equi- House bill contained no funds for dis- clude $1,000 as our medical expenses,

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12502 CONGRESSIONAL RECORD — SENATE October 13, 1999 not a number which has been proven to million for advance funding of fisheries out of those jobs and give them to for- be inadequate. disaster assistance. eign workers. I suggest somewhat the same analogy Mr. GRAHAM. Finally, relative to I now will turn to the emergency as- would be applicable here. If we have the payment adjustments, is there any sistance package, which totals about shown there is $8.7 billion of emergency change in this conference report rel- $8.7 billion. My colleagues and I have spending and we have appropriated zero ative to the timing of payments made been working since last May to get this for those emergencies, for the future it to vendors that are beneficiaries which Congress to pass a farm assistance would be prudent to begin to incor- will have the effect of moving fiscal package. We had to fight for too long porate into our ongoing budget some year 2000 costs into future years? this summer even to get a recognition funds to respond to these emergencies. Mr. COCHRAN. Mr. President, there here in Congress that there is a farm We do not know the characteristics, we is none that this Senator knows about. crisis. Then we had to fight to get this do not know the geographic location, Mr. GRAHAM. Thank you very much. Congress to take any action. And fi- we do not know when the emergency Mr. HARKIN addressed the Chair. nally, we had to fight for a package will occur, but we are pretty sure there The PRESIDING OFFICER. The Sen- that would be adequate to deal with is going to be some kind of emergency ator from Iowa. the severe economic hardship in rural somewhere in American agriculture Mr. HARKIN. Mr. President, how America. that will warrant a response. much time is left on our side? So, we have come a long way since Prudence would indicate we ought to The PRESIDING OFFICER. Nine last spring. This emergency package have a fund from which to meet those minutes 22 seconds. will provide a good deal of assistance needs so that every year we are not in Mr. HARKIN. How much? Nine min- to help farm families survive this cri- the position of having passed an emer- utes and how much? sis. I am disappointed, however, that gency appropriation which, as we The PRESIDING OFFICER. Nine the bill uses the same payment mecha- know, has the effect of vitiating all of minutes 15 seconds. nism as the failed Freedom to Farm the normal budgetary rules, including Mr. HARKIN. I will yield myself 4 bill and that it does not contain an budgetary rules that require we offset minutes and hurry. adequate amount of assistance to re- spending with either reductions in I want to say a few words about both spond to the droughts and other nat- spending elsewhere or with additional parts of the bill before us. The first ural disasters around the country. revenue. The effect of this is to go di- part is the regular fiscal year 2000 Ag The emergency package has far too rectly to the budget surplus. appropriations bill. I commend and little in it for livestock producers— Mr. COCHRAN. Mr. President, if the thank the chairman, Senator COCHRAN, particularly for pork producers who Senator will yield, I think his point is and thank our ranking member, Sen- have lost $4 billion in equity over the illustrated by the fact we have seen ator KOHL, for their hard work and con- past 22 months. And it contains no legislation introduced to reform and scientious effort to craft this bill under money for emergency conservation improve the Crop Insurance Program difficult spending constraints. work and repairing flood damage. Nor to get at that kind of problem. If farm- There are important provisions in is there any economic development as- ers find crop insurance both affordable the bill providing funding for agri- sistance for rural communities that are and effective to compensate them for culture programs, agricultural re- suffering because of the downturn in agriculture. losses of this kind, they would buy crop search, food safety, nutrition, con- On balance, I am supporting the insurance. We have a flawed program servation, rural economic develop- ment, and in other areas. There are a emergency package because it will get now. We are trying to get the legisla- some money out to farm families who tive committee to act on legislation on number of items in this bill that are es- pecially important to my State of are struggling to remain in business. that subject. As I have said, it is like throwing a Iowa, which I will not list here. I just Senator LINCOLN from Arkansas and I leaking liferaft to a drowning person. want to say the regular fiscal year 2000 have cosponsored a bill that we think That is how I feel. I am standing on the bill is basically a good bill under the is needed in order to make that kind of shore. Someone is drowning. All I have circumstances. program effective and more attractive is a leaking liferaft. Do I throw it to There is a matter that deserves spe- in the South. We think the current pro- them or not? Of course, I do, in the cial mention; and that is, in the Senate gram does not represent a reasonable hopes that shortly we will get some- we had an overwhelming vote of 70–28 or thoughtful investment of a farmer’s thing better. But right now our farmers to remove sanctions on food and medi- funds—at least that is the attitude of are drowning. They are sinking. So this most southern farmers with whom we cine. The Senate conferees also voted emergency bill will help for a little bit, have talked on this subject. in the conference to hold the Senate but it is not a long-term solution to One other point on this and that is, position, but the House conferees ad- the problem. there is a Federal Emergency Manage- journed before we could even vote on The fact that Congress is passing a ment Agency appropriation that is sanctions reform. So after all these stopgap emergency package for the made every year. That is a subject in years of hearing all the talk about re- second year in a row demonstrates that the budget resolution, and we have in moving embargoes on food and medi- our current farm policy is not working. the VA-HUD appropriations bill funds cine, the Republican leadership in the We must reform the failed Freedom to to appropriate to that agency to re- House walked away before we had a Farm bill before next year. spond to the needs of people confronted chance to reform it. So we still have Unless we reform Freedom to Farm, with disaster. It is not that the budget embargoes on food, embargoes to keep all the signs indicate farmers are going is silent on the subject of disasters. our farmers from selling food to foreign to need another emergency package There is the Crop Insurance Program customers. next year, too. Frankly, you can only that is subsidized by the Government, I also want to mention a provision go to the well so many times. and there is the FEMA program that is that was stuck in this bill on the H2A We cannot continue to have a farm funded in the budget each year. program. That program allows bringing policy in this country that lurches Mr. GRAHAM. The other two ques- in foreign agricultural workers if the from one crisis to the next. It is time tions relative to the budget relate to employer cannot find domestic work- to address the root problem: the lack of advance funding. Is there any advance ers. The provision in this bill will sig- a farm income safety net in the Free- funding in this conference report, i.e., nificantly shorten the time during dom to Farm bill. The Freedom to funds that were normal fiscal year 2000 which an employer has to look for U.S. Farm bill has to be changed to restore expenditures which are delayed to a fu- workers before bringing in foreign farm income protections that were ture fiscal year? workers. eliminated when the bill was enacted. Mr. COCHRAN. Mr. President, as far I recognize that it can be hard to find Freedom to Farm is a bankrupt farm as the regular appropriations bill for U.S. workers for agricultural jobs in policy and it is bankrupting America’s fiscal year 2000 funds are concerned, some instances, but I do not think that farm families. there is no advance funding. In the dis- Congress ought to be changing the law As we have said repeatedly, this bill aster assistance package, there is $30 to make it easier to cut U.S. workers uses a payment mechanism that has

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12503 nothing to do with what farmers plant- Let me talk briefly about what this Farmer Smith Jones Brown Palm ed this year. The Freedom to Fail bill Beach Agriculture Appropriations bill does is already a proven failure. So why on Total acres ...... 500 500 500 500 for North Carolina and what it will not Earth would we want to go right back Corn base acres ...... 500 250 0 500 be able to do for North Carolina. In Corn planted ...... 250 250 250 0 to the Freedom to Fail bill to try to Soybeans planted ...... 250 250 250 0 North Carolina, we talk about things remedy its shortcomings? This bill in- Payment ...... 19,941 10,990 2,040 17,901 in terms of before and after Hurricane cludes $5.5 billion in Freedom to Farm Floyd, unfortunately. type payments. They would be paid out Mr. HARKIN. For the first farmer, Before Hurricane Floyd, our farmers based on base acres and yields set some Smith, all 500 acres are corn base. were struggling, having very difficult 20 years ago. The payments would have Those are the acres on which the direct times, financially and otherwise. Their nothing to do with this year’s planting. AMTA-type payments are made. Again, crop prices were at the lowest levels In fact, they can go to people who 250 acres planted to corn and 250 acres they have been in many years. And planted nothing. planted to soybeans. That farmer will they needed help; they desperately receive an additional AMTA type corn needed help. One of the things this bill Using the so-called ‘‘three-entity payment of $17,901 and a soybean pay- does is provide some of that help in the rule,’’ an individual could get $80,000 of ment of $2040, for a total of $19,941. way of direct market assistance for these payments and not have planted Keep in mind this farmer is receiving some of the problems they had before anything. Add that to the $80,000 in both a corn payment and a soybean Hurricane Floyd. regular AMTA payments, which they payment on the very same acre on We have about $328 million in this also could get without planting any- some of the land. conference report for North Carolina’s thing. This bill then also doubles the The second farmer, Jones, has 500 tobacco farmers. I have to say, for payment limit for marketing loan acres, but this farmer has only 250 those around the country who are not gains and loan deficiency payments to acres of corn base. Again, 250 acres in familiar with North Carolina’s farming $150,000. Now in practice, that is corn and 250 acres in soybeans. This operations, an awful lot of our farmers $300,000 through the use of the three- farmer will receive $8950 in AMTA type are tobacco farmers. They may farm a entity rule. The total that potentially corn payments and $2040 in soybean lot of other crops, but tobacco is often could be paid to one individual then is payments, for a total of $10,990. the staple that allows them to farm $460,000. Another farmer, Brown, has 500 acres, those other crops. This money was des- This bill does not treat oilseeds fair- but no corn base, with half the land in perately needed. And they needed it ly. There is a very complicated and soybeans and half in corn. This farmer now. They needed it even before Hurri- confusing program for providing direct will receive $2040, because that is all cane Floyd hit. Having visited with our payments to oilseed producers. It is that would be paid on the soybeans. farmers, including our tobacco farmers, going to take a long time to get this In summary, 500 acres of land, half all over the State of North Carolina, program sorted out and to get the pay- planted to corn, half planted to soy- we are very pleased and very proud ments out to producers of soybeans and beans, and you have a range of pay- that we were able to get them the as- other oilseeds—and the payments are ments from $2040 all the way up to sistance which they deserved and not going to be fairly distributed $19,941. All because the AMTA pay- which they needed. among producers. Here is the real irony ments are based on what was planted 20 Sadly, though, I have to also talk of this emergency assistance package. years ago or more, not on what farmers about the situation after Floyd. This bill provides $1.2 billion for disaster re- With the AMTA type payments, if you are planting now. lief. I have to say, I think this is way did not plant anything this year you And here is the real kicker, a land- short of what we are going to need in can still get as much as an extra $80,000 owner who chooses to plant nothing North Carolina. We have a real emer- under this package. can receive a payment. So the owner of gency, I think by anybody’s standards, I have some examples under the pay- that 500 acres could still receive the $17,901 without planting a seed. I call in the agricultural farming community ment scheme we have in this emer- in North Carolina as a result of Hurri- gency package. All of these farmers this the Palm Beach Farmer example. Mr. President, there is a lot wrong cane Floyd. have 500 acres of land, half planted to I have been all over North Carolina with this bill, but there is an over- corn and half planted to soybeans. Yet and have spent a lot of time in eastern riding need to get assistance out to the payments range anywhere from North Carolina, visiting our farms that farmers. Frankly, I have little con- $19,941 down to $2,040—three neighbors have been devastated by Hurricane fidence that we would get anything right in a row, farming 500 acres—half Floyd. The reality is, this is a loss better if this bill were sent back to in corn and half in soybeans. Or you from which it is going to take many conference. I have amendments that I can have a farmer who decides to go to years to recover. Palm Beach. He has 500 acres. He did am still prepared to offer. But we Of this $1.2 billion, some reasonably not plant anything. He is going to get couldn’t even get the House conferees sized chunk of that money will go to $17,901 even though he never did any- to come back to the table. They were farmers in North Carolina. It will not thing. Yet for farmers in the State rep- forbidden by their leadership to do so. ultimately be enough. But it is criti- resented by my friend from North This bill could have been much bet- cally important that we get some of Carolina, who have had disaster ter, and I deeply regret that we were that money to them, and get it to them losses—or farmers in Iowa, the Dako- foreclosed from improving it. So I will quickly. I urge the Secretary of Agri- tas, Minnesota, the Northeast and East vote for this conference report,with culture to do as much as he can to get who have had drought or other disaster some reluctance, simply because so as much of this money as is possible losses—they are going to get pennies much is at stake for farm families and disbursed in the immediate future be- on the dollar. Farmers who worked rural communities in my state of Iowa cause these farmers need help. They al- hard, planted a crop, have hardly any- and across our Nation. ready needed help before Hurricane thing to show for it. But here is a hypo- As I said, it amounts to throwing a Floyd. And they need help now more thetical example of a farmer who leaking liferaft to a drowning person. than ever. They need it immediately. planted nothing, who has 500 acres, and Let’s throw the liferaft out; but let us What this photograph I have rep- he is going to get $17,900. That is not change the bill next year so we are not resents is what I saw all over eastern right. back once again trying to pass emer- North Carolina as a result of Hurricane gency farm assistance. Floyd and in the wake of Hurricane Let me run through these examples I yield the floor. Floyd. We can see almost the entire in a little more detail. I ask unanimous Mr. EDWARDS. Mr. President, first, farm—except for the farmhouse—is consent that a table summarizing the I thank my friend, the Senator from under water. This property, which has examples be printed in the RECORD. Mississippi, and the Senator from Wis- been involved in farming for many There being no objection, the table consin for all their hard work on this years, is now under water. And the crop was ordered to be printed in the very difficult bill. I intend to support losses have been completely dev- RECORD, as follows: this bill. astating.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12504 CONGRESSIONAL RECORD — SENATE October 13, 1999 This scene is repeated over and over tempted to identify not only the emer- The PRESIDING OFFICER. The and over, all over eastern North Caro- gency needs that exist by reason of the question is on agreeing to the con- lina. We are told the best estimates collapse of prices for commodities for ference report. The yeas and nays have are, at this point, that there is some- agricultural producers but also the dis- been ordered. The clerk will call the where between $800 million and $1 bil- aster assistance that is needed now to roll. lion in agricultural losses in North compensate those who have suffered The legislative assistant called the Carolina. Obviously, the money in this drought-related and other weather-re- roll. bill is not going to be adequate since it lated disasters on the farm. The result was announced—yeas 74, is for the entire country. It is not We have in the conference report a nays 26, as follows: going to be adequate to deal with the statement by managers indicating that [Rollcall Vote No. 323 Leg.] loss in North Carolina alone which ap- we realize it may be difficult or impos- YEAS—74 proaches $1 billion. We are going to sible to ascertain the exact dollar Abraham Domenici Kohl have to do more. amount of losses attributable to dis- Akaka Dorgan Landrieu I want the people of North Carolina, aster during this crop year. For that Allard Durbin Levin and particularly our farmers in North reason, we call upon the Department of Ashcroft Edwards Lincoln Carolina, to know that we fully recog- Baucus Enzi Lott Agriculture, the Secretary, to monitor Bayh Feinstein Lugar nize they need help. They need help the situation and submit to the Con- Bennett Fitzgerald Mack quickly. They do not need loans. They gress, if it is justified, a supplemental Bingaman Frist McConnell were already up to their necks in debt budget request for any additional Bond Gorton Murkowski Boxer Gramm Murray and up to their necks in loans before funds. Breaux Grams Reid the hurricane hit. They need help. Brownback Grassley We are confident the Senate and the Robb Bryan Hagel They need direct disaster relief, and House, as well, will carefully consider Roberts Bunning Harkin they need it immediately. any supplemental request for such Burns Hatch Rockefeller I point out, both for my farmers in funds. We think this is a generous re- Byrd Helms Sessions North Carolina and to my colleagues, sponse to the needs in agriculture, but Campbell Hollings Shelby that the money that was recently put Cleland Hutchinson Smith (OR) we know it is not enough to satisfy Cochran Hutchison Stevens in the VA–HUD conference report, the every single need of every individual in Conrad Inhofe Thomas approximately $2.48 billion for FEMA, agriculture. I don’t know that anybody Coverdell Inouye Thompson will not help with the farming problem could design a program that would do Craig Johnson Thurmond in North Carolina because that money Crapo Kennedy Warner that. I don’t recall there ever being a Daschle Kerrey Wellstone is not designated and indeed cannot be more generous disaster assistance pro- DeWine Kerry Wyden used specifically for agriculture. gram approved by this Congress than NAYS—26 We are going to have to have some this one—$8.7 billion in emergency as- direct appropriation through some ve- Biden Lautenberg Santorum sistance. We hope that will be helpful. Chafee Leahy Sarbanes hicle in this Congress—this session—to That is only a part of this legislation, Collins Lieberman Schumer help our farmers because if we do not however. Dodd McCain Smith (NH) they are going out of business. They There is $60 billion of funding for all Feingold Mikulski Snowe are the heart and soul of North Caro- Graham Moynihan Specter the fiscal year 2000 programs that will Gregg Nickles lina and to our economy in North Caro- Torricelli be administered by the Department of Jeffords Reed Voinovich lina, and particularly to our rural Agriculture and also funds for the oper- Kyl Roth economy in North Carolina. We have to ation of the Food and Drug Adminis- The conference report was agreed to. be there for them. They have been tration and the Commodity Futures Mr. LOTT. Mr. President, I move to there for us. We have to step to the Trading Commission. This bill is with- reconsider the vote. plate and provide them with the sup- in its allocation under the Budget Act. Mr. COVERDELL. I move to lay that port they need. It is consistent with the budget resolu- motion on the table. Finally, I express my disappointment tion adopted by this Congress. We are The motion to lay on the table was with the lack of any dairy legislation hopeful the Senate will express its sup- agreed to. in this conference report. port by voting overwhelmingly for the Mr. LOTT addressed the Chair. I supported dairy legislation. I con- conference report. The PRESIDING OFFICER. The ma- tinue to support it. We recognize the I am aware of no other Senator who jority leader. plight of dairy farmers in North Caro- has requested time to speak on the bill. f lina. We understand the difficulties and I know we have 5 minutes remaining on problems they have. We will continue COMPREHENSIVE NUCLEAR TEST- the bill. To await the arrival of any BAN TREATY to search and aggressively pursue ways Senator who does want to speak, I sug- to solve the problems with which they gest the absence of a quorum. MOTION TO RESUME EXECUTIVE SESSION are confronted. The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I now move Again, I thank the distinguished clerk will call the roll. that the Senate resume executive ses- managers of this measure. The legislative assistant proceeded sion in order to resume consideration I yield the floor. of the Comprehensive Nuclear Test-Ban Mr. COCHRAN addressed the Chair. to call the roll. The PRESIDING OFFICER. The Sen- Mr. COCHRAN. Mr. President, I ask Treaty as provided in the previous ator from Mississippi. unanimous consent that the order for unanimous consent, and I ask for the Mr. COCHRAN. Mr. President, may I the quorum call be rescinded. yeas and nays. inquire how much time remains for de- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a bate on the conference report under the objection, it is so ordered. sufficient second? order. Mr. COCHRAN. Mr. President, all There appears to be a sufficient sec- The PRESIDING OFFICER. Ten min- time has been used on the conference ond. utes 53 seconds remain. All time is ma- report on the Agriculture appropria- The yeas and nays were ordered. jority time. tions bill? Mr. LEAHY. Mr. President, the Sen- Mr. COCHRAN. The Democrats have The PRESIDING OFFICER. The Sen- ate is not in order. used all time allocated to them. ator is correct. Mr. DASCHLE. Mr. President, I ask The PRESIDING OFFICER. All time Mr. COCHRAN. Mr. President, I ask unanimous consent both leaders be al- has expired on their side. for the yeas and nays on the conference lowed to use leader time prior to the Mr. COCHRAN. Mr. President, I will report. time we have this vote. yield back time if no other Senator The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there seeks recognition because I don’t need sufficient second? objection? to talk anymore. There appears to be a sufficient sec- Mr. LOTT. I object at this time. I have talked enough about the bill, ond. The PRESIDING OFFICER. Objec- trying to explain that we have at- The yeas and nays were ordered. tion is heard.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12505 Mr. BYRD addressed the Chair. The PRESIDING OFFICER (Mr. SES- Senator to speak at that time. Not The PRESIDING OFFICER. The Sen- SIONS). The Senator from West Vir- that I would have changed any votes, ator from West Virginia. ginia. but I think I had the right to speak. Mr. BYRD. Mr. President, I ask unan- Mr. BYRD. Mr. President, may I have What is the majority leader afraid of? imous consent to speak for 15 minutes the attention of the majority leader. What is the majority leader afraid of? prior to the vote. Mr. President, may we have order in Mr. LOTT. Will the Senator yield? Mr. LOTT. Reserving the right to ob- the Senate. Mr. BYRD. I will yield in a moment. ject, Mr. President, I note we do have The PRESIDING OFFICER. The Sen- I will accord the Senator that cour- some approximately 3 hours of time re- ator from West Virginia. tesy. maining on the treaty itself. We intend Mr. BYRD. Mr. President, I say what Mr. President, what is the majority to yield back 54 minutes of our time so I am about to say without rancor. I leader afraid of? Is he afraid to hear an there will be an exact equal amount of hope I can. expression of opinion that may differ time available to both sides. I believe I have been in this body now 41 years from his? As majority leader, I never that would be the appropriate time to at the end of this year. I was majority did that. When I was majority leader, I have debate on this treaty, on its mer- leader for 4 years, then minority leader sought to protect the rights of the mi- its or on how to proceed. for 6 years, and then majority leader nority. That is one of the great func- Therefore, with great respect, I for 2 more years. tions of this Senate, one of its reasons would object. Mr. President, as majority leader, for being. I would defend to the death The PRESIDING OFFICER. Objec- and as minority leader, I never once the right of any Senator in this body to tion is heard. objected to a Senator’s request to speak. Fifteen minutes? Consider the The question is on agreeing to the speak for a few minutes—15 minutes in time we have spent. We haven’t spent a motion. The yeas and nays have been my case today—nor do I ever expect to great deal of time on this treaty. I re- ordered. The clerk will call the roll. object to another Senator’s request to gret very much the majority leader The legislative clerk called the roll. speak. My request was for only a short saw fit to object to my request to The result was announced—yeas 55, amount of time. The distinguished ma- speak. nays 45, as follows: jority leader objected. He has a perfect Now, I am glad to yield to the distin- [Rollcall Vote No. 324 Leg.] right to object. I don’t question his guished majority leader. Mr. President, right to object. But, Mr. President, I YEAS—55 I ask that my rights to the floor be think we have come to a very poor pass protected. I am not yielding the floor Abraham Frist Murkowski Allard Gorton Nickles in this Senate when Senators can’t now. Ashcroft Gramm Roberts stand to hear a Senator speak for 15 Mr. LOTT. Mr. President, will the Bennett Grams Roth minutes. Our forefathers died for the Senator yield to me to respond? Bond Grassley Santorum right of freedom of speech. I may not Mr. BYRD. Yes. Brownback Gregg Sessions agree with what another Senator says, Mr. LOTT. Let me begin by saying Bunning Hagel Shelby the same thing Senator BYRD said at Burns Hatch Smith (NH) but, as someone else has said, I will de- Campbell Helms Smith (OR) fend to the death his right to say it. the beginning of his remarks. I respond Chafee Hutchinson Snowe without any sense of rancor. I know Cochran Hutchison Mr. Leader, I very much regret that Specter Collins Inhofe you objected to my request to speak that sometimes in the Senate we get Coverdell Jeffords Stevens for 15 minutes. I don’t get in your way very intent and very passionate about Thomas Craig Kyl in the Senate often. issues. I know this issue is one we all Crapo Lott Thompson DeWine Lugar Thurmond Mr. President, I want to adhere to are very concerned about, and passions Domenici Mack Voinovich the rules. I don’t get in the distin- do run high, as they should, because we Enzi McCain Warner guished majority leader’s way very have very strongly held opinions. Fitzgerald McConnell often. He doesn’t find me objecting to Thank goodness, though, we still are NAYS—45 his requests. I know he has great re- able to do as we did last night, retire to Akaka Edwards Levin sponsibilities as the majority leader of another building and enjoy each oth- Baucus Feingold Lieberman the Senate. He has a heavy burden. er’s friendship and company, and then Bayh Feinstein Lincoln Having borne that burden, having we return to the issues at hand. We de- Biden Graham Mikulski Bingaman Harkin Moynihan borne those responsibilities, I try to bate them mightily, with due respect Boxer Hollings Murray act as I should act in my place and let and without rancor. Breaux Inouye Reed the two leaders run the Senate. I don’t As far as the amount of time that has Bryan Johnson Reid Byrd Kennedy Robb cause the majority leader much trouble been spent on debate on this treaty, I Cleland Kerrey Rockefeller here. He will have to say that. He will went back and checked recent treaties. Conrad Kerry Sarbanes have to admit that. I don’t get in his In fact, the only one that took as much Daschle Kohl Schumer hair. I don’t cause him problems. But, time on the floor of the Senate as this Dodd Landrieu Torricelli Dorgan Lautenberg Wellstone Mr. President, when a Senator, the sen- treaty in recent history was the chem- Durbin Leahy Wyden ior Senator of the minority asks to ical weapons treaty, in which, I remind The motion was agreed to. speak for 15 minutes, I think it has to the Senator, I was also involved. Usu- Mr. LOTT. Mr. President, I move to be offensive, not only to this Senator ally treaties are debated a day or two, reconsider the vote. but to other Senators. 6 hours or 12 hours. I think this one is Mr. ASHCROFT. I move to lay that I would never object, Mr. Majority going to wind up being about 15 or 16 motion on the table. Leader, to a request from your side. hours. I think we have had time to The motion to lay on the table was Suppose STROM THURMOND had stood to have the debate that was necessary on agreed to. his feet. He is the senior Member of this issue. After all, it has been pend- this body. I think there has to be some ing in various ways for at least 2 years, f comity. I think it comes with poor and the treaty was actually signed, I EXECUTIVE SESSION grace to object to a senior Member of think, way back in 1995, if I recall cor- the Senate who wishes to speak before rectly. a critical vote. I understand what Senator BYRD is COMPREHENSIVE NUCLEAR TEST- Now, the majority leader said in his saying. I, too, have been around awhile. BAN TREATY—Resumed opinion, or something to that effect, I know only Senator THURMOND can Mr. LOTT. Mr. President, I yield that I could speak after the motion had match your record. But I have been in back all time under our control with been decided upon, and there would be Congress 27 years myself. I served in the exception of 54 minutes, which time allowed under the order, and the House 16 years, where I was chair- would then put both sides with an there would be time then to make a man of the Research Committee. I equal amount of time. speech. That was his opinion. served 8 years as the whip of my party I yield the floor. In this Senator’s opinion, this Sen- in the House. I have been in the Senate Mr. BYRD addressed the Chair. ator felt that it was important for this since 1989, where I served as secretary

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12506 CONGRESSIONAL RECORD — SENATE October 13, 1999 of the conference, the whip, and leader. this. We will get to a final vote. Some- that I would have changed any votes, I understand the importance of the dif- times we come up with agreements but it is my right as a Senator. ferences between the two bodies and that allow things to go to another day. There is too much of what the House the precedents and the tradition and Sometimes we strive mightily and we does that we don’t need to do in this the comity and the respect for each can’t reach that. And sometimes you Senate. I am afraid that too many Sen- other. I have a great deal of respect just have to fulfill your constitutional ators feel that we need to be like the and love for this institution and, in responsibility and you just vote. House. This Senate exists for the pro- fact, for the Senator from West Vir- Mr. DASCHLE. Mr. President, par- tection of the minority, for one thing. ginia. liamentary inquiry. It also exists to allow Members to Having said all of that, this was a The PRESIDING OFFICER. The Sen- speak freely and to their heart’s con- motion, a request. I made a motion to ator from West Virginia has the floor. tent. I understand unanimous consent go back to the Executive Calendar, a Mr. LOTT. Mr. President, I ask unan- agreements. I have probably gotten nondebatable motion. Then there was a imous consent that my time be taken more unanimous consent agreements request in effect to have debate. It out of our side and not yours. than any other majority leader that wasn’t as if there wouldn’t be debate Mr. DASCHLE. Mr. President, reserv- ever was a part of this Senate. I walked on the substance of the treaty. There ing the right to object. I ask unani- in the Senator’s shoes. I walked in the are almost 3 hours of time remaining mous consent that, since neither of the majority leader’s shoes. But never— on the treaty. But in that extra effort statements made by the Senators re- never—would I object to a Senator ask- to be fair, so the closing debate would lates directly to the treaty, none of the ing for 15 minutes to speak on a mo- be equal, we have already yielded back time be taken out of the limited time tion, notwithstanding the fact that the 54 minutes so there would be 2 hours remaining for debate on the treaty. rules preclude debate. That is why approximately on each side. Mr. LOTT. Mr. President, I will not unanimous consents have to be made. I want to make sure Senators have a object. You have to get unanimous consent to chance to be heard and that their I reiterate that we need to get to a speak in a situation like that. I was de- voices are not muted. Yours will not conclusion on the debate and have the nied that. be, under the time we have left. But in vote on this issue, so we can move to Mr. President, this Senate needs to that case, I thought the time would campaign finance reform, as I com- remember that we operate here by have delayed getting to a conclusion on mitted to Senator MCCAIN, within a courtesy. We have to be courteous to this very important matter. It was a reasonable hour tonight. But I will not one another. We have to remember nondebatable motion, and we had time object. that we work together for the country, left for debate. I believed it was the Also, I yield the floor because I don’t we work for the Senate; and it is going correct thing to do. I regret the Sen- want to eat up any more time in the to take cooperation and understanding. ator feels strongly to the contrary. late afternoon. I try to be a gentleman to every Sen- I recognize that he has been not only Mr. BYRD. The Senator doesn’t have ator in this body. I don’t think there is not an impediment to my trying to do the floor to yield. any Senator who can say I have not my job but quite often has been help- Mr. LOTT. I yield as far as my com- been a gentleman to him in my deal- ful. I appreciate that. I am sorry he ments are concerned back to the Sen- ings with him or her. The Senate is for feels that way. ator who has the time. two main purposes; there are two I knew he was going to make the mo- The PRESIDING OFFICER. Without things that make the Senate different tion. I knew there was going to be an objection, the time will be reasserted from any other upper body in the effort to have extended debate on a to its original agreed period for each world—the right to amend, which this nondebatable motion to go back to a side. side is often denied, and which I never treaty, which I had, frankly, made a Mr. BYRD. If the distinguished ma- denied. If there were 50, 60, or 70 mistake, probably, in interrupting it to jority leader will listen, I want his at- amendments, I said find out from both go to the Agriculture appropriations tention. I don’t want to say anything sides how many Senators wanted to conference report. I did it because we behind his back. He might be offended. offer amendments and then we will try need to get to these appropriations I want him to hear what I say and be to get consent that there be no other bills, as the Senator knows. able to respond to it. amendments, and vote. So there is the Majority leaders have to balance Mr. President, the distinguished ma- right to amend and the right to time schedules and views of Senators jority leader spoke about how long he speak—freedom of speech. As long as and different bills, appropriations bills, served in the House. That had nothing Senators may stand on their feet and the desire to get to campaign finance to do with my request for 15 minutes. I speak as long as they wish, the lib- reform. I gave my word to more than served in the Senate 30 years before the erties of the American people will be one Senator that we would begin today distinguished majority leader ever got assured. on campaign finance reform. I am still to the Senate. Two-thirds of the Mem- Mr. Leader, I will not carry this. I determined to keep that commitment. bers of this Senate have never served have said my piece today. I am of- But if it is 8 or 9, they will say: Well, with me when I was majority leader in fended by what the majority leader did, you didn’t keep your word. It is too this Senate. Two-thirds. I am not in- but I am going to forgive him. I am. I late. All of that came into play. terested in what the rules of the House don’t live with yesterday regarding re- I assure you, I would want Senator are. I served over there. lations in this Senate. I think too BYRD’s voice to be heard, Senator I am interested in free speech, free- much of the Senate. That is why I am DASCHLE’s, on any nondebatable mo- dom of speech. May I say, in response running again; I think too much of the tion and on this treaty. I am sure the to the distinguished majority leader, I Senate. I could retire and receive time will come when I will stand up. In know what the rules are. I know that $21,500 more annually in my retirement fact, I remember one occasion—Sen- the motion to return to executive ses- than I will earn as a Senator. Besides, ator DODD will remember this because sion is not debatable. I know that very I could be free to take another job. But he came to me and said: I appreciate well. Mr. President, the distinguished it isn’t money that I seek; it isn’t your doing that—when there was an ef- majority leader alluded to an extension wealth that I seek. I love this Senate. fort to cut you off. I stood up and said of debate on this treaty—something to I am a traditionalist. I live by the tra- no. I asked unanimous consent that the the effect that he had heard there were ditions of the Senate. I try to live by Senator have that time. I stood up going to be efforts to extend that de- the rules of the Senate. I try to remem- when I thought it was unfair. This bate. I am not one of those. I wasn’t ber that if I offend a Senator today, he time, on a nondebatable motion to go part of that, and I never heard of it. So may be the very Senator who will help back to the Executive Calendar, I help me God, I had no desire to extend me tomorrow. I try to remember that. thought it was unfair, in fact, to have the debate. I wanted to say something I try to make that a practice. an extended debate on that. about that motion, not just about the The majority leader made a mistake, I appreciate your giving me a chance treaty. I wanted to speak before the if I may respectfully say so. But I will to respond. I hope we can work through motion. I was denied that right—not not hold that against him. I will shake

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12507 his hand when this is over, because Mr. BIDEN. Parliamentary inquiry: I We were asking that there be hear- first, last, and always I try to be a thought it was 54 minutes. ings. man, one who can look in the eye of The PRESIDING OFFICER. Fifty- I don’t know where the majority my fellow man and, if I have done him four minutes, and then the Senator leader got his information about the wrong, I want to apologize to him be- from West Virginia spoke again, and length of time this treaty has been de- fore the Sun sets. That is my creed. We that time was deducted. bated versus all the other treaties. It is need to have better comity than we are Mr. BIDEN. I ask unanimous consent interesting. I will submit for the having in the Senate—not that I will that the whole colloquy —all of what RECORD all of the treaties and the con- be a problem. But the American people took place—not go against the time of sideration given them since 1972. are watching. They see this. And the either side because I thought that was But just quickly to summarize, it is majority leader has the votes. He the request the minority leader made. I important to note that the Inter- doesn’t have to be afraid of a motion hope we can do that. We have a number mediate Nuclear Force Treaty took 23 the minority might make. He doesn’t of Senators wishing to speak. It is only days of committee hearings and 9 days have to care what the minority may 54 minutes on each side. I would appre- of floor consideration. say. Nobody needs to be afraid of an ciate it if there would not be an objec- The START I treaty took 19 days of opinion I might express before a vote. tion to that unanimous consent re- hearings and 5 days of floor consider- And no time is saved by it, as we now quest. The clock started, 54 minutes ation. see. No time is saved. (Laughter) per side; ready, get set, go. The Antiballistic Missile Treaty, ap- If I had any real ill will in my heart, The PRESIDING OFFICER. Is there proved in 1972, took 8 days of hearings I would take the rest of the afternoon objection? and 18 days—more than half a month— to speak, and maybe more. But I thank Mr. INHOFE. I object. of consideration on the Senate floor. the majority leader for his kindness to Mr. BIDEN. I thank my friend. I Mr. President, we have had a couple me in the past. I understand his prob- thank him for the courtesy. of days on this particular issue. I ask lems. I don’t want to get in his way. I The PRESIDING OFFICER. Objec- unanimous consent that the entire list have said things behind his back that tion is heard. of treaties and the amount of time were good. I have talked about the at- The Democratic leader. given them on the floor and in com- tributes of this leader behind his back. Mr. DASCHLE. Mr. President, I am mittee be printed in the RECORD. And anything I say today, that is all; I going to use my leader time. I under- There being no objection, the mate- am getting it off of my heart. The ma- stand I don’t have to use a unanimous rial was ordered to be printed in the jority leader, I think, will contemplate consent request to obtain the 20 min- RECORD, as follows: what has been done here today and, in utes available to me. I will not use the SENATE CONSIDERATION OF MAJOR ARMS the long run—if I may offer a little bit full 20 minutes. CONTROL AND SECURITY TREATIES—1972–1999 of wisdom that I possess from my 41 My colleagues are going to rise to Anti-Ballistic Missile Treaty/SALT I (ap- years of experience in this body—he speak to the treaty itself. Up until proved 1972): will be just a little less relentless in his now, I have refrained from talking Eight days of Foreign Relations Com- about the deliberations themselves, but mittee hearings; drive to have the majority’s will Eighteen days of Senate floor consider- I think for the RECORD it is important uncontested. ation. Remember, there will come a day for us to state how it is we got here. Intermediate Nuclear Forces (INF) Treaty when he will need the help of the mi- We just cast a vote of profound con- (1988): nority. The minority has been right in sequence. The choice that vote pre- Twenty-three days of Foreign Relations history on a few occasions and may be sented the Senate this afternoon was Committee hearings; right again. The day may come when quite simple. It was a choice between Nine days of Senate floor consideration. Conventional Forces in Europe (CFE) Trea- the minority in the Senate of today statesmanship or partisanship. This was not just a procedural mo- ty (1991): will be the majority of tomorrow. If I Five days of Foreign Relations Committee am still living and in this Senate at tion. Let’s begin with that under- hearings; that time, I will stand up for the rights standing. The motion that just passed Two days of Senate floor consideration. of the minority because that is one of on a party line vote was a vote to kill START I Treaty (1992): the main functions of the Senate. the test ban treaty. What is all the Nineteen days of Foreign Relations Com- Mr. President, I yield to the distin- more important—and people should un- mittee hearings; guished majority leader if he wishes to derstand—was that there was no re- Five days of Senate floor consideration. quirement that we cast this vote. This START II Treaty (1996): respond to anything I said. Eight days of Foreign Relations Com- Mr. LOTT. Mr. President, I thank the vote was not necessary. We did not mittee hearings; Senator for the offer to yield. I think I have to go to executive session. We Three days of Senate floor consideration. have said enough. I appreciate what he could have precluded that vote. Noth- Chemical Weapons Convention (1997): has had to say. I appreciate the fact ing on the Executive Calendar would Fourteen days of Foreign Relations Com- that he has said his piece and we will have been affected adversely by allow- mittee hearings; move on about our business. That is ing the treaty to stay on the Executive Three days of floor consideration. Calendar. NATO Enlargement (1998): my attitude, too. Seven days of Foreign Relations Com- Mr. DASCHLE. Mr. President, could So everyone ought to understand mittee hearings; the Chair clarify as to the amount of that. This was a voluntary choice made Eight days of floor consideration. time remaining on both sides? by the majority leader. Comprehensive Test Ban Treaty (sub- The PRESIDING OFFICER. There That is the first point. mitted 1997): are 45 minutes 41 seconds on the Sen- The second point relates to how it is One day of Foreign Relations Committee ator’s side, and 54 minutes on the Re- we got here. hearings (scheduled). publican side. This treaty was submitted, as has Mr. DASCHLE. Mr. President, what Mr. DASCHLE. The Democratic side been repeatedly stated in the RECORD, Democrats sought, very simply, was has 45 minutes remaining? on September 22, 1997. Ever since that complete consideration in all the com- The PRESIDING OFFICER. Forty- time, my colleagues on this side of the mittees for whatever time it may have five minutes 41 seconds. aisle have requested that there be hear- taken to ensure we have established Mr. BIDEN. Mr. President, par- ings, that there be some thorough con- the kind of record we established on all liamentary inquiry: Was that what we sideration of this very important mat- the other treaties before we voted on had prior to the motion to go back into ter. them. That is what we asked. That is executive session? A number of other countries have al- what we sought in our letter to the Ma- The PRESIDING OFFICER. No. The ready made the decision we were ask- jority Leader. clock was reset. It was timed according ing this body to make. One-hundred The Republicans’ response was cyn- to the original agreement, the original and fifty have signed it. Fifty-one ical. They proposed we limit debate to time the Democratic leader had been countries have voted already to ratify 14 hours, that there be one amendment allotted. it. on a side, and that no time be given to

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12508 CONGRESSIONAL RECORD — SENATE October 13, 1999 proper hearings. They left us as Demo- The Senate will not change this by I yield the floor. crats the choice: Filibuster the treaty voting the treaty down or suspending Mr. HELMS. Mr. President, what is on which we have called for consider- its consideration today. So don’t let the existing time now—post the minor- ation, or accept a unanimous consent anyone mislead this body about the ity leader’s request? agreement. ramifications of article 18. The PRESIDING OFFICER. The Sen- There was one reason that Repub- We find ourselves now at the end of ator from North Carolina has 54 min- licans forced this choice—one reason, this debate with the recognition on the utes and there are 48 minutes 41 sec- and one reason only. It was a partisan part of Members in our caucus that, of onds on the other side. attempt to embarrass the President all of our solemn constitutional re- Mr. HELMS. The proposal I make is and embarrass Democrats. That was sponsibilities, there cannot be one of that I yield back all time under our the reason. greater import than the consideration control with the exception of 45 min- So it is now clear, based upon a letter of a treaty. And, remarkably, incred- utes. This action again makes the time being circulated by Senator WARNER ibly, no constitutional obligation has remaining exactly equal on both sides, and others, that the President should been treated so cavalierly, so casually, or at least I hope it does. delay consideration of this treaty. Over as this treaty on this day. This is a ter- The PRESIDING OFFICER. The Sen- 51 Senators have now signed a letter rible, terrible mistake. If it’s true that ator has that right. Is there objection? circulated by Senators MOYNIHAN and politics should stop at the water’s Mr. DORGAN. Reserving the right to WARNER. Nearly 60 Senators—a major- edge, it is also true that politics should object. ity—have now said we ought to post- stop at the door to this chamber when Mr. DASCHLE. Reserving the right pone consideration of this treaty. we are considering matters of such to object, if that is the Senator’s solu- In fact, based upon this clear belief grave import. tion, I am disappointed. We have a on the part of a majority of my col- I urge those colleagues who have yet number of Senators who have not yet leagues on both sides of the aisle, I en- to make up their minds about this had the opportunity to speak. As it is, couraged the President to submit a treaty to do the right thing; to support it is going to be very difficult to divide statement asking the Senate to delay it, to recognize the profound ramifica- what remaining time there is. the vote. He did. A couple of days ago, tions of failure, to pass it today. I renew the unanimous consent re- he made a formal request that the Sen- I yield the floor. quest that we be given the 54 minutes ate delay consideration of this treaty Mr. DORGAN. Will the Senator that we understood we were entitled to until a later date to allow ample con- yield? when I made the first unanimous con- sideration of all the questions raised Mr. DASCHLE. I am happy to yield sent request. and the tremendous opportunities pre- to the Senator. Mr. HELMS. Reserving the right to sented by this treaty. Mr. DORGAN. Mr. President, I think object. The Joint Chiefs of Staff have made there was a misunderstanding regard- Mr. INHOFE. Reserving the right to similar requests. The Secretary of De- ing the previous unanimous consent re- object. fense, the Secretary of State, former quest. Mr. HELMS. Reserving the right to Secretaries of Defense, former Chairs My understanding is the Senator object. of the Joint Chiefs of Staff have all from South Dakota asked unanimous The PRESIDING OFFICER. The Sen- recommended publicly and privately consent that the presentation by Sen- ator from North Carolina. that this treaty consideration be de- ator BYRD and the discussion between Mr. HELMS. Mr. President, what is layed. Senator BYRD and the majority leader the time the minority leader has under I added to the voice yesterday. I sub- not come out of the allocated time. I his proposal? mitted a letter to the majority leader think each side had 54 minutes remain- The PRESIDING OFFICER. The mi- wherein I was willing personally to ing. The Chair indicated Senator BYRD nority has 48 minutes. commit to hold over on a final vote for spoke twice. Senator BYRD was recog- Mr. HELMS. We have a 3-minute dif- the rest of this Congress, barring any nized once and did not relinquish the ference; is that correct? unforeseen and extraordinary cir- floor. I am not suggesting there was Mr. DASCHLE. Six minutes. cumstances as defined by myself and anything deliberate, but I think there Mr. HELMS. The Chair says 48 min- the Majority Leader. We may have seen was a misunderstanding with respect utes. an example just yesterday of just such to the time that should exist. I think Mr. DASCHLE. I am asking for the 54 a circumstance. What happens in Paki- this side should have had 54 minutes minutes the Senate was originally al- stan, what happens in India, what hap- based on the unanimous consent re- lotting either side when this debate pens in North Korea, what happens in quest made by the Senator from South began. the Middle East, what happens in Iraq Dakota. Mr. HELMS. I object. and Iran, what happens in an awful lot Mr. DASCHLE. Mr. President, I also The PRESIDING OFFICER. The ob- of those countries could have a pro- thought we had reached a unanimous jection is heard. found effect on the decisions made in consent understanding that there Mr. HELMS. I yield back all time the Senate over the course of the next would not be time taken off either side under the control with the exception of 14 months. for the colloquy that Senators BYRD 45 minutes. This action, again, makes Yet it was the view expressed by and LOTT encountered. the time remaining equal on both some in the majority, and now appar- As I understand it, the Chair ruled sides. ently all in the majority, that even in that the time up until the point that I The PRESIDING OFFICER. The Sen- the most extraordinary circumstances, made the unanimous consent request ator has that right. the Senate will not take up this treaty. was not going to be taken from either Mr. HELMS. If they want to object to Now we are left with nothing more side, but the remaining time was that, let them try. than an up-or-down vote on the treaty counted against us. I was making the The PRESIDING OFFICER. The Sen- itself. assumption that the entire colloquy ator from North Carolina. Now I have heard the latest rumor. In would be left outside our timeframe, Mr. HELMS. I am going to ask speak- the last couple of hours, we are told and I again make that unanimous con- ers on both sides to have no conversa- that it is article 18 of the Vienna Con- sent request. tion because we have very little time. I vention that requires us to act. Mr. The PRESIDING OFFICER. Is there say to the Senators on my side, we are President, nothing could be farther objection? limiting ourselves as far as it will go to from the truth—nothing. Nothing in Mr. HELMS. Mr. President, I don’t 5 minutes per Senator. article 18 requires us to vote. The obli- object, but I ask the Senator to with- I ask unanimous consent to have gations of a signatory have already at- hold because I think we have a solution printed in the RECORD a letter from the tached to the United States and will to it that will be satisfactory to both distinguished former Secretary of continue to do so until the President, sides. State, Henry Kissinger. only the President, makes clear the Mr. DASCHLE. I will withhold the There being no objection, the letter United States’ intent not to become a unanimous consent request and look was ordered to be printed in the party. forward to that discussion. RECORD, as follows:

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12509 OCTOBER 13, 1999. luctance to resort to abrogation is powerful sively on the CTBT—three in the Gov- Hon. JESSE HELMS, enough; in a multilateral treaty of indefinite ernment Affairs Committee, three in Chairman, Foreign Relations Committee, duration, this reluctance would be even more the Armed Services Committee and one U.S. Senate, Washington, DC. acute. It is not clear how we would respond final, day-long marathon hearing in DEAR MR. CHAIRMAN: As you know, I—to- to a set of violations by an individual coun- gether with former National Security Ad- try or, indeed, what response would be mean- the Foreign Relations Committee with viser Brent Scowcroft and former CIA Direc- ingful or whether, say, an Iranian test could 11 different witnesses. It is instructive tor and Deputy Secretary of Defense John be said to threaten the supreme national sur- that, after demanding for months that Deutch—had recommended in a letter dated vival. the Foreign Relations Committee hold October 5th to Senators Lott and Daschle NON-PROLIFERATION hearings, only a handful of Democrat and in an op-ed in the October 6th Wash- I am not persuaded that the proposed trea- Senators even bothered to show up. ington Post that a vote on ratification of the ty would inhibit nuclear proliferation. Re- As for floor debate, we scheduled 22 Comprehensive Nuclear Test Ban Treaty be straint by the major powers has never been a hours of debate on the CTBT—more postponed to permit a further discussion and significant factor in the decisions of other clarification of the issues now too controver- nuclear aspirants, which are driven by local than any other arms control treaty in sial. This having proved unachievable, I am rivalries and security needs. Nor is the be- recent history. By contrast, the Senate obliged to state my position. havior of rogue states such as Iraq, Iran, or held just 6 hours of debate on Conven- As a former Secretary of State, I find the North Korea likely to be affected by this tional Forces in Europe Treaty; 91⁄2 prospect that a major treaty might fail to be treaty. They either will not sign or, if they hours on the START Treaty; 6 hours on ratified extremely painful. But the subject of sign, will cheat. And countries relying on the START II treaty; 18 hours on the this treaty concerns the future security of our nuclear umbrella might be induced by Chemical Weapons Convention; and the United States and involves risks that declining confidence in our arsenal—and the make it impossible for me to recommend general impression of denuclearization—to just 2 hours on the Conventional voting for the treaty as it now stands. accelerate their own efforts. Forces in Europe Flank Agreement. My concerns are as follows: For all these reasons, I cannot recommend Well, then, some of them have falsely IMPORTANCE OF NUCLEAR WEAPONS a vote for a comprehensive test ban of unlim- charged, Republicans pushed their For the entire postwar period, the Amer- ited duration. unanimous-consent request through an ican nuclear arsenal has been America’s ulti- I hope this is helpful. unsuspecting Senate, on a Friday when mate shield and that of our allies. Though Sincerely, HENRY A. KISSINGER. few Senators were in town to discuss we no longer face the same massive threat and consider it—a demonstrably false Mr. HELMS. Mr. President, the Sen- that we did during the Cold War, new dan- allegation. gers have arisen. Our nuclear arsenal is our ate is moving toward the end of an his- principal deterrent to the possible use of bio- toric confrontation against the most The majority leader shared our draft logical and chemical warfare against Amer- egregious arms control treaty ever pre- unanimous-consent request with the ica, our military, and our allies. sented to this body for its advice and minority leader on Wednesday, Sep- VERIFICATION consent. tember 29. He offered it on the Senate Almost all experts agree that nuclear tests The CTBT is a dangerous treaty floor the next day, Thursday, Sep- below some yield threshold remain unverifi- which, if ratified, would do enormous tember 30. The minority objected, and able and that this threshold can be raised by harm to our national security. It will asked for more time to consider it. technical means. It seems to me highly dan- not and cannot accomplish its highly After consulting with the White House, gerous to leave such a vacuum regarding a exaggerated stated goal of halting the with the State Department, and with matter fundamentally affecting the security the Democrat Caucus, they came back of the United States. And the fact that this spread of nuclear weapons, because as treaty is of indefinite duration compounds the CIA has repeatedly made clear the with a request for more time for the the problem. The CIA’s concerns about re- CTBT cannot be verified. Moreover, at debate. cent ambiguous activities by Russia, as re- the same time, it would undermine We agreed to give them an additional ported in the media, illustrate difficulties America’s security by undermining week before the vote, and 12 additional that will only be compounded by the passage confidence in the safety and reliability hours of floor debate. Then on Friday of time. of our nuclear arsenal. October 1—after 3 days of internal dis- Supporters of the treaty argue that, be- It is for these reasons that the Sen- cussion—they finally agreed to a unan- cause of their small yield, these tests cannot be significant and that the treaty would ate is prepared to vote down this trea- imous consent for a vote they had vo- therefore ‘‘lock in’’ our advantages vis-a-vis ty. ciferously demanded for two full years. other nuclear powers and aspirants. I do not Unable—indeed unwilling even to try And they are complaining that we are know how they can be so sure of this in an to respond to these facts, the White rushing to judgment? As my friend, age of rapidly exploding technology and House has spitefully argued that Re- Senator BIDEN has often pleaded during whether, on the contrary, this may not work publicans are ‘‘playing politics’’ with this debate; Give me a break! to the advantage of nations seeking to close the national security of the United So the ‘‘politics’’ argument failed, this gap. After all, victory in the Cold War States—a spurious charge, which is one was achieved in part because we kept in- and the ‘‘process’’ argument failed. of many reasons why the administra- Now they are turning in desperation to creasing, and not freezing, our technological tion has failed to convince Senators edge. the ‘‘Chicken Little’’ argument, warn- who have raised substantive concerns. ing us of the ‘‘disastrous’’ con- NUCLEAR STOCKPILE Mr. President, the Senate Repub- I am not a technical expert on such issues sequences should the Senate reject the licans’ purpose in opposing this treaty CTBT. as proof testing, aging of nuclear material, is not because we seek to score polit- and reworking existing warheads. But I find If we vote the CTBT down, they ical points against a lame-duck admin- it impossible to ignore the concern about the warn, India and Pakistan may well pro- istration. treaty expressed by six former Secretaries of ceed with nuclear test. Well, as Sen- Defense and several former CIA Directors We are opposed because the CTBT is unverifiable, and because it will endan- ator BIDEN may plead: Give me a and National Security Advisers. I am aware break! That horse has already left the that experts from the weapons laboratories ger the safety and reliability of the have argued that there are ingenious ways to U.S. nuclear arsenal. Those who sup- barn. India and Pakistan have already mitigate these concerns. On the other hand, port the CTBT have failed to make a tested. Why did they test in the first there is a difference between the opinion of compelling case, and that, Mr. Presi- place? Because of the Clinton adminis- experts from laboratories and policymakers’ dent, is precisely why the CTBT is tration’s failed nuclear nonprolifera- confidence in the reliability of these weap- headed for defeat. tion policies. ons as our existing stockpile ages. When na- The President and his Senate allies For years, India watched as Red tional security is involved, one should not China transferred M–11 missiles to proceed in the face of such doubts. have mouthed the charge that the process has been ‘‘unfair’’—that Repub- their adversary, Pakistan. They SANCTIONS licans are ramming this vote through watched as this administration stood Another fundamental problem is the weak- by—despite incontrovertible evidence ness of the enforcement mechanism. In the- the Senate in what the White House ory, we have a right to abrogate the treaty has falsely asserted as a ‘‘blind rush to from our intelligence community that when the ‘‘supreme national survival’’ is in- judgment.’’ such transfers were taking place—and volved. But this option is more theoretical Let’s examine the record: The Senate refused to impose sanctions on China than practical. In a bilateral treaty, the re- has held seven separate hearings exclu- that are required by law. As a result,

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12510 CONGRESSIONAL RECORD — SENATE October 13, 1999 they made an unfortunate but under- based on scraps of paper, but on clear CTBT will help limit the development standable calculation that the Presi- American resolve. of more advanced and destructive dent of the United States is not serious Mr. President, we must vote on this weapons and inhibit the ability of more about non-proliferation, and that this treaty and we must reject it. It is our countries to acquire nuclear weapons. White House is unwilling to impose a duty and solemn responsibility under In short, the world would be a safer real cost on proliferating nations. the Constitution. place with the treaty than without it, The fact of the matter is that no I yield the floor and reserve the re- and it is in our national security inter- matter how the Senate votes on the mainder of our time. ests to ratify the CTBT treaty.’’ In CTBT, nations with nuclear ambitions Mr. BIDEN. I yield 2 minutes to the fact, four former Chairmen of the Joint will continue to develop those weapons. Senator from California. Chiefs who served under the Carter, Russia and China will continue their The PRESIDING OFFICER. The Sen- Reagan, Bush, and Clinton administra- clandestine nuclear testing programs. ator from California. tions have come out in favor of the North Korea will not sign or ratify Mrs. BOXER. Mr. President, as a treaty. the CTBT, and will continue to black- Member of the Foreign Relations Com- On the condition of our nuclear mail the West with its nuclear pro- mittee I sat through the day of hear- stockpile, I turned to the directors of gram. And India and Pakistan will ings. And even in that short time—and our three national laboratories. They probably test again—no matter what I know you and I were there together— all support ratification of the CTBT we do today. Because these nations I was thoroughly convinced that our saying ‘‘we are confident that the know that this administration is un- country will be more secure if we sign Stockpile Stewardship program will willing to impose any real costs on on and we ratify this treaty than if we enable us to maintain America’s nu- such violations. do not. clear deterrent without nuclear test- By defeating this treaty, the Senate I think we have a very stark choice. ing.’’ will not change this calculus one iota. We can continue to lead the world in I’ve also received a letter from 32 We will not be giving a ‘‘green light’’ stopping the spread of nuclear weapons physics Nobel Laureates in support of for nuclear testing. Such tests by non- by supporting this treaty or we can the CTBT. In discussing the stockpile nuclear states are already a violation start a nuclear chain reaction by op- issue, they write, of the international norm established posing it. I pray that we will support Fully informed technical studies have con- by the Nuclear Nonproliferation Trea- this treaty. cluded that continued nuclear testing is not ty. The proliferation we have witnessed As I said in the committee, when I required to retain confidence in the safety, in recent years has been a result of the was a child in grammar school—and I reliability and performance of nuclear weap- administration’s failure to enforce that think a lot of you might remember ons in the United States’ stockpile, provided existing norm, and place a real costs on this—America faced a real threat of science and technology programs necessary violations of that norm. nuclear war. In my public school we for stockpile stewardship are maintained. Mr. President, only a willingness to had emergency drills. We were taught Let me also point out that the Sen- impose real penalties on such viola- that if we hid underneath our desks ate has passed an amendment to the tions will prevent the expansion of the and we covered our eyes and we turned resolution of ratification stating that nuclear club. Papering over the prob- away from the windows, we would sur- if ‘‘the President determines that nu- lem with a worthless piece of paper vive a nuclear strike. We were taught clear testing is necessary to assure, like the CTBT will accomplish nothing. that the wood from our desks would with a high degree of confidence, the Let me suggest something that will save us from the massive destruction safety and reliability of the United happen when we defeat this treaty. caused by a nuclear weapon. We also States nuclear weapons stockpile, the This administration, and future admin- were made to wear dog tags around our President shall consult promptly with istrations, will henceforth think twice necks. We were so proud of that. We the Senate and withdraw from the before signing more bad treaties which thought we were being just like the Treaty...in order to conduct what- cannot pass muster in the United people in the Army. We didn’t realize ever testing might be required.’’ States Senate. the true purpose of the dog tag was so If our stockpile is not safe and reli- This administration clearly wants that someone could identify our body able, the President will withdraw from the Senate’s ‘‘consent’’ on treaties, but after a nuclear strike. the treaty. There doesn’t have to be a they are not interested in the Senate’s The kids in my generation really Senate vote. It’s not going to get ‘‘advice.’’ If they had asked our ‘‘ad- didn’t know that much. But the kids in bogged down in rules of the Senate. If vice’’ on the CTBT before they signed later generations certainly did. When I there is a supreme national interest in it, they would have known well in ad- was in the House, Congressman George withdrawing from the treaty, we will vance that an unvertifiable, perma- Miller set up a Select Committee on withdraw. nent, zero-yield ban on all nuclear Children, Youth, and Families. One of I also think it is important to look at tests would be defeated. They would our first hearings was on the impact of the risks of not going forward with this have negotiated a treaty that could be the nuclear disaster that was looming treaty. How can the United States tell ratified. ahead of our children. So we had testi- Pakistan, India, and China not to test Mr. President, when the debate ends mony from children that they feared their nuclear weapons if we don’t ratify today, there must be no ambiguity for their lives. I do not want to go back this treaty? How can we go to our about the status of the CTBT. The Sen- to those days when the children of the friends and say, don’t give Iran the ate must make clear that this treaty is 1980s feared a nuclear strike, or my technology to produce weapons of mass dead. Unless we vote today to explic- days, when we feared a nuclear strike. destruction? I fear that our failure to itly reject the CTBT, under customary I have heard the concerns raised ratify this treaty will set off a nuclear international law the U.S. will be about the treaty. And, as I see it, the ‘‘chain reaction’’ throughout the world bound by the terms of this treaty. The two main arguments against the treaty that the United States will long regret. CTBT will be effectively in force. That are verifiability and the condition of An editorial in the San Francisco is an unacceptable outcome. our stockpile stewardship program. Chronicle puts it best in saying ‘‘A Why must the Senate defeat the So like most Members of the Senate, global treaty that invites every coun- CTBT? The answer is clear: Because I look at what the experts say on these try to step forward or face condemna- the next administration must be left two issues. Last week, the Secretary of tion is the only way to corral nuclear free to establish its own nuclear test- Defense testified on the verification danger. If the world feels hostile and ing and nuclear nonproliferation poli- issue. He said, ‘‘I am confident that the uncertain now, wait five years without cies, unencumbered by the failed poli- United States will be able to detect a the ban.’’ cies of the current, outgoing adminis- level of testing and the yield and the We can turn it around today if we tration. We must have a clean break, number of tests by which a state could vote for this treaty. I think there are so that the new President can re-estab- undermine our U.S. nuclear deterrent.’’ many protections in it which allow the lish American credibility in the world The Chairman of the Joint Chiefs, President, any President, to say: We on non-proliferation. A credibility not General Henry Shelton testified, ‘‘The should go back to testing.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12511 I yield the floor. floor of this Senate and have tried to World War II are vividly aware of the (Disturbance in the Visitors’ Gal- stop the President of the United consequences of the use of nuclear leries) States, this President, Bill Clinton, weapons. Nuclear arms are not a dry Mr. HELMS. May we have order in from vetoing our defense authorization topic for policy debate. They are dev- the Senate. bills going back to and including 1993, astating weapons that have been used The PRESIDING OFFICER. The Sen- stating in his veto message that he and could be used again by any nation ator from Oklahoma. doesn’t want any money for a National that currently possesses nuclear weap- Mr. INHOFE. Mr. President, in these Missile Defense System. He has fought ons or the capability to develop them. brief moments, 5 minutes for each Sen- us all the way. We would have had one It was not so long ago that we were ator—I think it is probably not a bad deployed by fiscal year 1998 except for in the midst of a nuclear arms race idea because we have had so many his vetoes. But he has vetoed it. That during the Cold War. Those of us who hours and hours and hours of debate on means that there is no deterrent left remember the Cuban missile crisis and this it is becoming redundant now—I except a nuclear deterrent. That means the palpable fear that swept across the would like to use this brief period of if a missile comes over, we can’t knock country at that time are well aware of time only to bring out a couple of the missile down so we have to rely on the dangerous potential for a crisis to things that need to be reemphasized. our ability to have a nuclear deterrent escalate between nations with nuclear First of all, mistakenly—certainly in our stockpile that works. And all capabilities. Yet in the midst of the not intentionally—some of the Mem- the experts have said they don’t work Cold War, we were able to negotiate the 1963 Limited Test Ban Treaty bers have stood on this floor and have now. We can’t tell for sure whether which prohibits nuclear explosions for implied that the Directors of our labs they work now. weapons testing in the atmosphere, are in support of this treaty. I think it We have stood on the floor of this outer space and under water. is very important to hear a quote from Senate with a chart that shows, on all Must we be on the brink of crisis or one of the Directors, C. Paul Robinson, nine of the nuclear weapons, as to engaged in another arms race to recog- Dr. Robinson, from Sandia National whether or not they are working today. nize the value of a nuclear test ban Lab, speaking in behalf of all three of We do not really know because we treaty? The Berlin Wall may have fall- the Directors. haven’t tested in 7 years. Testing is en and the Cold War may be over but He said: necessary. We would be putting our- the possibility of new and threatening I and others [that’s the other three] who selves in a position where we have no nuclear powers emerging in the next are or have been responsible for the safety missile defense so we have to rely on a century must still inform our national and reliability of the U.S. stockpile of nu- nuclear deterrent. We don’t know security policy. Our formidable stock- clear weapons have testified to this obvious whether or not that nuclear deterrent conclusion many times in the past. To forgo pile of weapons may serve as a deter- works. rent to the current nuclear weapon that validation through testing is, in short, Last, I would say I wasn’t real sure to live with uncertainty. states, but far more frightening is the what the minority leader was talking He goes on to say: prospect of nuclear weapons falling about when he talked about article 18 into the hands of a rogue nation or ter- If the United States scrupulously restricts of the Vienna Convention. I will just rorist organization. itself to zero yield while other nations may read it one more time so we know if we There is no question that a world conduct experiments up to the threshold of do not kill this and kill it now, we are international detectability, we will be at an without nuclear weapons is a safer one. intolerable disadvantage. going to have to live under it. It states: However, we have long moved beyond I can’t think of anything worse than A State is obliged to refrain from argu- that point. Rather, we have pursued— ments which would defeat the object and for the most part in a bipartisan fash- to be at an intolerable disadvantage. purpose of a treaty when it has signed the Second, it has been implied that all ion—arms control agreements and poli- treaty or has exchanged instruments consti- cies to stem the spread of nuclear these Presidents have been for it in the tuting the treaty subject to ratification, ac- weapons. Thus, it defies logic that the past, Eisenhower and Bush, and every- ceptance or approval, until it shall have Senate would not embrace this tool to one has been for this treaty. In fact, made its intentions clear not to become a help us ensure that there are fewer nu- this is not true. I am sure those who party to the treaty. clear weapons and fewer advanced nu- stated it thought it was true, but it is That is what this is all about. We are clear weapons. Without nuclear explo- not true. Only President Clinton has the Senate that is going to reject this sive testing, those attempting to ac- come forth with a treaty that is a zero- treaty. quire new nuclear weapons cannot be yield treaty—that is no testing at all— Mr. KOHL. Mr. President, I rise to confident that these weapons will work that is unlimited in duration—not 10 urge my colleagues to ratify the Com- as intended. Banning testing is tanta- years as it was in the case of Eisen- prehensive Test Ban Treaty. If two- mount to banning the development of hower—and unverifiable. So this is the thirds of this body fails to ratify the nuclear weapons. first time. It would be unprecedented if treaty, we are squandering a unique op- Since the signing of the CTBT treaty, this were to happen. portunity to make the world a safer 154 states have signed the treaty and 51 Third, I hear so many objections as place for our children. have ratified it. A smaller group of 44 to the unfairness. It doesn’t really The Comprehensive Test Ban Treaty states which have nuclear power reac- matter how much time there has been is really quite simple: It bans all nu- tors or nuclear research reactors and devoted for the debate on this. Every- clear explosives testing for weapons or are members of the Conference on Dis- one out there, Democrats or Repub- any other purposes. This treaty does armament are required to ratify the licans, any one person could have not ban nuclear weapons. We currently treaty for it to go into force. Of this stopped this. This was a unanimous have some 6,000 nuclear weapons in our group, 41 have signed the treaty and 26 consent. It is true we had three times arsenal. Nothing in this treaty requires have ratified it. Today, only five coun- the time that was allocated for debate us to give up these weapons. Nor does tries are nuclear weapons states and on the CFE treaty, twice the time on the Comprehensive Test Ban Treaty re- only three countries are considered to the START I, three times the time quire us to limit our own nuclear test- be nuclear ‘‘threshold’’ states. Lim- that was allocated on START II. That ing in a way that we have not already iting nuclear explosive testing is the is important, of course. It shows that chosen to do unilaterally. Yet, oppo- key to keeping the number of nuclear we did give adequate time. But the nents of the treaty have painted a pic- weapon states down. point is, any Senator could have ob- ture of dire consequences and doom For those of my colleagues who see jected. That means every Senator en- that requires a response. no value in pursuing arms control and dorsed this schedule by which this was The history of the 20th century is re- policies to limit the development of going to be handled. plete with lessons about the danger nuclear weapons—weapons that one With the remaining minute that I posed to us by nuclear weapons. Those day may be directed toward us or our have, let me just say, as chairman of of us who remember when the United allies I say that you are out of step the readiness committee, I have a very States dropped atomic bombs on Hiro- with the American people. Arms con- serious concern. We have stood on the shima and Nagasaki towards the end of trol does not compromise our national

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There is have said that they are prepared to end nuclear arms in the world, especially a strong case to be made, however, that this moratorium and begin conducting when we continue to have the most ro- tests difficult to verify are at low nuclear tests. bust conventional and nuclear forces in enough levels to render them mili- This treaty is not a Democratic trea- the world. tarily insignificant. Treaty opponents ty: It was President Eisenhower who Indeed, the CTBT locks in our nu- also neglect to mention that we are said that the failure to achieve a nu- clear superiority, for it is the U.S. gov- worse off in our ability to monitor nu- clear test ban was one of greatest dis- ernment that has conducted more nu- clear testing around the world without appointments of his administration. clear explosive tests than any other na- the CTBT. As Secretary Cohen stated And it was President Eisenhower who tion. We are integrating the knowledge in his testimony to the Armed Services said, ‘‘This Government has stood, acquired during our 1000-plus tests with Committee last week, ‘‘I think that throughout, for complete abolition of ongoing non-nuclear testing and the our capacity to verify tests will be en- weapons testing subject only to the at- science-based Stockpile Stewardship hanced and increased under the treaty tainment of agreed and adequate meth- program to monitor the reliability of by virtue of the fact that we’d have ods of inspection and control.’’ Mr. our weapons. Although some critics several hundred more monitoring sites President, that day has arrived. have described this approach as risky across the globe that will aid and assist This treaty is an American achieve- and incomplete, the three directors of our national technical means.’’ ment. It was American determination our nuclear weapons labs have all af- If we fail to ratify the CTBT not only and leadership that brought the CTBT firmed that this approach is sufficient are we squandering an opportunity to negotiations to conclusion, and it is to maintain the safety and reliability advance our own national security in- American leadership which invigorates of our stockpile. And, they will con- terests by limiting nuclear testing, but international arms control efforts in tinue to review these findings on an an- we are at risk of undermining every- general. I support these efforts. nual basis. thing we have achieved until now to The debate we are having is being Should the lab directors be unable to stem the spread of nuclear weapons. As watched around the world. Our allies vouch for the safety and reliability of Paul Nitze, President Reagan’s arms are dumbfounded that we are on the our nuclear weapons, I have no doubt control negotiator, explained: verge of defeating the CTBT and so am that they will advise the President ac- If the CTBT is not ratified in a timely I. cordingly. For the safeguards package manner it will gravely undermine U.S. non- I deplore the partisanship which has accompanying the treaty, and reflect- proliferation policy. The Nuclear Non-Pro- underscored this debate. This treaty is ing current U.S. policy relative to the liferation Treaty (NPT), the primary tool for not about politics. I urge my col- treaty, states that the CTBT is condi- preventing the spread of nuclear weapons, leagues to review the merits of this was made permanent in 1995 based on a firm tioned on: treaty in a non-partisan fashion. It is commitment by the United States and the clear from the partisan divide that this The understanding that if the President of other nuclear weapon states to negotiate a the United States is informed by the Sec- CTBT by 1996. Violation of the spirit, if not issue is very much caught up in the retary of Defense and the Secretary of En- the letter of this NPT related commitment politics of this institution. So, I wish ergy (DOE)—advised by the Nuclear Weapons of 1995 could give nations an excuse to with- we had put off further debate and a Council, the Directors of DOE’s nuclear draw from the Treaty, potentially causing vote on ratification for another day weapons laboratories and the Commander of the NPT regime to begin to erode and allow- and give the Comprehensive Test Ban the U.S. Strategic Command—that a high ing fears of widespread acquisition of nuclear Treaty the unbiased scrutiny it de- level of confidence in the safety or reli- weapons by many nations to become reality. serves. ability of a nuclear weapon type which the By taking away the most significant weap- Mr. GORTON. Mr. President, I have two Secretaries consider to be critical to our on in the battle to prevent their spread, fail- nuclear deterrent could no longer be cer- ure to ratify the CTBT would fundamentally followed the Senate’s consideration of tified, the President, in consultation with weaken our national security and facilitate the Comprehensive Test Ban Treaty Congress, would be prepared to withdraw the spread of nuclear weapons. Instead of with great interest, and am impressed from the CTBT under the standard ‘‘supreme being a leader in the fight against nuclear particularly with the statement made national interests’’ clause in order to con- proliferation, the United States would have last Thursday by Senator LUGAR— duct whatever testing might be required. itself struck a blow against the NPT. whose experience and knowledge on In fact, opponents argue that this Our military leaders have also been matters of foreign affairs and national treaty cannot restrain nations from advocates for the CTBT. The current security is highly respected by both testing nuclear weapons because there Chairman of the Joint Chiefs of Staff Republicans and Democrats. I associate is nothing to prevent nations from echoed Mr. Nitze’s remarks when he myself completely with his views. withdrawing from the treaty. That is said in his testimony last week, ‘‘The I agree with Senator LUGAR that this the case, of course, for all inter- CTBT will help limit the development treaty is unverifiable, jeopardizes our national treaties. While there are no of more advanced and destructive national security by eliminating our guarantees that this treaty will stop weapons and inhibit the ability of more ability to modernize and increase the nations from testing, signing the CTBT countries to acquire nuclear weapons. safety of our existing weapons, and will makes it more difficult for a nation to In short, the world will be a safer place fail to achieve its principal goal: to conduct nuclear tests. A nation must with the treaty than without it, and it provoke a roll call of countries that balance its desire to conduct nuclear is in our national security interests to the simple phrase ‘‘rogue nations’’ con- tests with the likelihood it will be sub- ratify the CTBT treaty.’’ Four of the jures up in the minds of all Americans ject to international condemnation. previous five chairmen of the Joint (North Korea, Iraq, and Iran, as well as Will we be able to overcome inter- Chiefs of Staff support our ratification China, Russia, India, and Pakistan) to national pressure should the President of the Comprehensive Test Ban Treaty. refrain from engaging in nuclear test- be advised that we need to conduct nu- The CTBT is not the product of one ing. clear explosive tests again? I am hope- administration. Rather it is the cul- First, I join Senator LUGAR in ex- ful we will never reach that point, but mination of the work and ideas of sev- pressing my regret that the Senate is given the willingness of some members eral administrations. The decision to considering the treaty at this time. It to reject this treaty today, I don’t be- place a moratorium on nuclear testing has been my strong preference that lieve that international pressure will was first made in 1992, by President consideration of the treaty take place prevent us from heeding the advice of George Bush when he announced a five- after the election of the next Presi- our nation’s nuclear weapons experts. year moratorium on tests to develop dent. President Clinton’s record on this We have heard much over the last new warheads, and then when he signed treaty has been one of political maneu- few days from those who say that we legislation containing the Hatfield- vering and a legacy quest, with should reject the CTBT because the Exon-Mitchell amendment banning nu- shockingly little attention dedicated treaty is not verifiable. Yes, there are clear testing for at least one year. That to how this treaty serves our nation’s

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12513 security and foreign policy objectives. No other nation in the world can pos- We have already stopped running this But the timing of the debate and its sibly gain more than the United States race. duration are both the results of de- does from this treaty. Has this test ban, already in place mands by the President and Senate The treaty holds real promise for domestically for the better part of a Democratic leader. putting an end to the international de- decade, harmed our nuclear stockpile? My support for allowing a new Presi- velopment of nuclear weapons. It re- The President says no, our military dent, should he or she support the trea- moves the ability of belligerent na- leaders say no, and the men whose re- ty, to make his case to the Senate tions to enhance their nuclear stock- sponsibility it is to maintain the weap- based upon its merits and that admin- pile. It removes the ability to use nu- ons say no. The CTBT has the support istration’s broad foreign policy goals, clear test explosions to bully and of all of the directors of our national however, does not mean I am not fully threaten their neighbors. It removes labs whose first responsibility is to en- prepared to vote against the treaty if the incentive to throw much-needed sure that our nuclear weapons stock- the vote takes place at this time. capital into an insatiable and wasteful pile functions safely and reliably far Senator LUGAR presented a thought- weapons program. into the future. They confidently be- ful and well-reasoned, though dev- The American people understand this lieve this treaty, and the continuation astating, indictment of the treaty: the simple logic better than some in this of the test ban, is in our national inter- treaty will prevent the United States body. Over 84% of the American public est. from ensuring the reliability, effective- understands that ratifying the CTBT is It’s been seven years since we have ness and safety of our nation’s nuclear the best way to protect the United conducted a nuclear test. We are no deterrent, which means we will not be States against the threat of nuclear at- less safe then we were a decade ago. No able to equip our existing weapons with tack by other nations. They are not one who is qualified to make the judg- the most modern safety and security talking about defensive missiles, they ment believes that we need to resume measures available; the treaty is not are talking about an America where testing in the future. verifiable—not only due to our simple their children won’t have to grow up as What would passage of this treaty technical inability effectively to mon- they did; under the shadow of nuclear mean? Without test explosions, a new itor for tests, but due to the lack of annihilation. This treaty, they under- nuclear state cannot know that their agreement on what tests are permitted stand, is a first step toward that goal. crude bombs will work. Only very re- or not permitted under the treaty and President Dwight D. Eisenhower was cently, after decades, over one thou- the cumbersome, international bu- a five star general as well as a two sand tests, and thousands of nuclear reaucracy that must be forged to con- term President of the United States. bombs manufactured, did our bomb duct an inspection if tests are sus- He led men in wartime against a real, making experts feel confident enough pected; and, most importantly, that living threat to the security of the to proceed without testing. Without the treaty is unenforceable, lacking United States. He led America at the testing no other state can achieve that any effective means to respond to na- beginning of the cold war, at the most level of confidence. While testing continues there is al- tions that violate the Treaty’s condi- dangerous time for nuclear confronta- ways the possibility that a nation will tions. As Senator LUGAR stated, ‘‘This tion in our history. He had a unique develop a bomb that is smaller and Treaty simply has no teeth....The understanding of the needs and neces- CTBT’s answer to illegal nuclear test- more easily concealed, the perfect sities of national security, an under- ing is the possible implementation of weapon with which to attack a super- standing that I don’t believe any mem- sanctions....For those countries power like the United States, perhaps ber of this chamber can pretend to pos- seeking nuclear weapons, the perceived even without fear of relation. Missile sess. His view of a nuclear test ban benefits in international stature and defenses cannot stop a bomb carried treaty was this: that the failure to deterrence generally far outweigh the over our borders, but an end to testing achieve such a ban, when the oppor- concern about sanctions that could be can stop that bomb before it is even tunity presented itself would ‘‘have to brought to bear by the international made. be classed as the greatest disappoint- community.’’ What would the failure of Senate As I have already said, this debate is ment of any administration, of any ratification of the CTBT mean? Failure premature. It may well be that the pas- decade, of any time, and of any party.’’ by the Senate to ratify the Treaty sage of years and the development of Opponents of this treaty say we are would mean a future full of new and our own technology might make ratifi- letting down our guard, that we are more dangerous weapons. It would cation of the treaty advisable. It is not leaving ourselves open to be over- make infinitely more difficult a new ef- so today by a wide margin. I must, whelmed. President Eisenhower under- fort to prevent the proliferation and therefore, vote against ratification in stood clearly and personally the dan- use of nuclear arms. Those states that the absence of an enforceable agree- gers of failing to prepare for war. But are currently non-nuclear trust that, ment to leave the issue to the next it was precisely this experience with in exchange for not attempting to ac- President. war that led him to conceive of the test quire or develop nuclear arms, the cur- Mr. WYDEN. Mr. President, I come ban as a means of preserving the safety rent nuclear states will cease using here today to ask a question, a ques- and security of the American people. their own. tion that is a mystery to the vast ma- This clear and rational thinking has The Nuclear Non-Proliferation Trea- jority of Americans: Why will the continued, at least with our senior ty, the cornerstone of our efforts to United States Senate not ratify the military leaders. The Chairman of the prevent the worldwide spread of nu- Comprehensive Nuclear Test Ban Trea- Joint Chiefs of Staff is responsible for clear weapons, was indefinitely ex- ty? our entire national defense infrastruc- tended in 1995. It was extended with the If there were any issue debated in the ture. It is his duty to the American promise that the CTBT would be rati- history of this Senate that called for people to insure that our military fied by the worlds’ nuclear powers. If more sober reflection, more inde- forces, nuclear and conventional, are we defeat this treaty, we will be break- pendent thought, it is how to end the strong, prepared and able to provide for ing that promise, and putting our en- proliferation and testing of nuclear the common defense. Our current tire world-wide non-proliferation strat- weapons. This may be the greatest bur- Chairman, General Hugh Shelton, and egy in jeopardy. den the United States will carry into Former Chairmen General Colin Pow- If we cannot commit to cease testing, the next millennium. ell, Admiral William Crowe, General we cannot expect other nations to ad- The United States was the first na- John Shalikashvili, and General David here to their commitments on nuclear tion to develop and test nuclear arms. Jones all believe firmly that, for the non-proliferation. When one nation More than a half century ago we were safety and security of the American tests nuclear arms, their neighbors get the first, and so far only, nation to use people, the CTBT must be ratified. nervous. They are justifiably concerned those arms. Three years ago we were President Bush signed into law a ban for their defense and security. The nat- the first nation to sign this treaty that on American nuclear testing in 1992. As ural response to this threat, for which takes a step back from a nuclear-armed a matter of fact, we have not con- there is no real defense, is to acquire a world. ducted a nuclear test for seven years. threat of ones own.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12514 CONGRESSIONAL RECORD — SENATE October 13, 1999 A rejection of this treaty by the U.S. collider (SSC). This action will help us to Despite the dramatic reductions in nuclear Senate would send a chilling message maintain U.S. leadership in the field of high- arsenals, the United States continues to rely around the world. The tests by India energy physics. SSC-related research has on nuclear deterrence as an essential ele- and Pakistan earlier this year high- spawned, and will continue to spawn, ad- ment of our national security. We must en- vances in many fields of technology, includ- sure that our forces are as safe and reliable light another, more sinister motivation ing accelerators, cryogenics, superconduc- as possible. To do so, we must continue to for nuclear tests, the desire to threaten tivity, and computing. The program serves conduct a minimal number of underground and intimidate. How do we expect na- as a national resource for inspiring students nuclear tests, regardless of the actions of tions like India and Pakistan to react to pursue careers in math and science. SSC other countries. to the Senate’s rejection of this treaty? related work will support 7,000 first tier jobs The moratorium on testing to which in the United States. In addition, 23,000 con- For 50 some years we have lived the Senator from Illinois referred was under a gruesome umbrella known as tracts have been awarded to businesses and universities around the country. not requested by President Bush. It Mutual Assured Destruction. This grim I must, however, note a number of objec- was enacted by Congress as the Hat- strategic relationship between the So- tionable provisions in the Act. Specifically, field, Exon, Mitchell prohibition on viet Union and the United States Section 507 of H.R. 5373, which concerns nu- testing, over President Bush’s objec- meant that the entire world lived clear testing, is highly objectionable. It may tions. In a subsequent report to Con- prevent the United States from conducting under constant threat of global ther- gress, the President responded to this monuclear war. In times of great inter- underground nuclear tests that are necessary to maintain a safe and reliable nuclear de- prohibition as follows: national tension we were a hair trigger terrent. This provision unwisely restricts the * * * the administration has concluded away from unleashing that destruc- number and purpose of U.S. nuclear tests and that it is not possible to develop a test pro- tion. If the treaty fails we must con- will make future U.S. nuclear testing de- gram within the constraints of Public Law template the prospect of dozens of pendent on actions by another country, rath- 102–377 [the FY ’93 Energy and Water Appro- states facing each other in the same in- er than on our own national security re- priations Act] that would be fiscally, mili- sane standoff—in Asia, in the Middle quirements. Despite the dramatic reductions tarily, and technically responsible. The re- East, in Africa—over disputed borders, in nuclear arsenals, the United States con- quirement to maintain and improve the safe- tinues to rely on nuclear deterrence as an es- scarce resources and ancient hatreds. ty of our nuclear stockpile and to evaluate sential element of our national security. We and maintain the reliability of U.S. forces The opponents of this treaty say we must ensure that our forces are as safe and necessitates continued nuclear testing for cannot afford the risk that another na- reliable as possible. To do so, we must con- those purposes, albeit at a modest level, for tion might have the skill and luck re- tinue to conduct a minimal number of under- the foreseeable future. The administration quired to sneak a couple of nuclear ground nuclear tests, regardless of the ac- strongly urges the Congress to modify this tests under a world-wide monitoring tions of other countries. Therefore, I will legislation urgently in order to permit the regime. They believe that possibility is work for new legislation to permit the con- minimum number and kind of underground a mortal danger to the United States duct of a modest number of necessary under- nuclear tests that the United States re- ground nuclear tests. and the advances we have made in over quires, regardless of the action of other In July 1992, I adopted a new nuclear test- States, to retain safe, reliable, although dra- 1,000 nuclear tests. I say we cannot af- ing policy to reflect the changes in the inter- matically reduced deterrent forces. ford the risk of another 50 years of the national security environment and in the Mr. CRAIG. Mr. President, the Com- unfettered development of nuclear size and nature of our nuclear deterrent. prehensive Test Ban Treaty has far weapons around the world. That policy imposed strict new limits on the reaching domestic and international Our stockpile is secure, our deterrent purpose, number, and yield of U.S. nuclear tests, consistent with our national security security implications, and it deserves is in place. The United States does not and safety requirements and with our inter- the most thorough and thoughtful con- need to test as we have witnessed over national obligations. It remains the soundest sideration by the Senate. Like my col- the past seven years. approach to U.S. nuclear testing. leagues, I have followed the CTBT, and We unleashed the nuclear genie that Sections 304 and 505 of the Act also raise have paid close attention to the num- has hung over the world for the last 50 constitutional concerns. Section 304 would ber of hearings that have taken place years. But in that moment of leader- establish certain racial, ethnic, and gender criteria for businesses and other organiza- in recent days, and over the last few ship, when we signed the Comprehen- tions seeking Federal funding for the devel- years. sive Test Ban Treaty, we took a strong opment, construction, and operation of the Let me begin by saying that if I step toward making the world a safer Superconducting super collider. A congres- thought supporting this treaty would place. Let us today take the next step sional grant of Federal money or benefits make the threat of nuclear war dis- toward a safer, more secure future. based solely on the recipient’s race, eth- appear, and give us all greater security Mr. KYL. Mr. President, earlier nicity, or gender is presumptively unconsti- from these lethal weapons, I would not today, the Senator from Illinois tutional under the equal protection stand- hesitate in giving my support. Unfortu- claimed that President Bush supported ards of the Constitution. Accordingly, I will construe this provision nately, the facts do not demonstrate a moratorium on nuclear testing. This consistently with the demands of the Con- this; indeed, implementing this treaty assertion is inaccurate. I ask unani- stitution and, in particular, monies appro- will very likely increase danger to U.S. mous consent to have printed in the priated by this Act cannot be awarded solely citizens and troops. For that reason, I RECORD President Bush’s statement on the basis of race, ethnicity, or gender. am obligated to oppose ratification. upon signing the Fiscal Year 1993 En- Section 505 of the Act provides that none Ratification of the CTBT would pro- ergy and Water Development Appro- of the funds appropriated by this or any hibit the United States from con- priations Act, on October 2, 1992. other legislation may be used to conduct studies concerning ‘‘the possibility of chang- ducting explosive tests of nuclear There being no objection, the mate- ing from the currently required ‘at cost’ to a weapons of any kind. In spite of rial was ordered to be printed in the ‘market rate’ or any other noncost-based CTBT’s goal of curbing the prolifera- RECORD, as follows: method for the pricing of hydroelectric tion and development of nuclear weap- power’’ by Federal power authorities. STATEMENT ON SIGNING THE ENERGY AND ons by prohibiting their testing, it is a WATER DEVELOPMENT APPROPRIATIONS ACT, Article II, section 3, of the Constitution 1993, OCTOBER 2, 1992 grants the President authority to rec- dangerous and flawed agreement that would undercut U.S. national security. Today I have signed into law H.R. 5373, the ommend to the Congress any legislative ‘‘Energy and Water Development Appropria- measures considered ‘‘necessary and expe- American foreign policy must be tions Act, 1993,’’ The Act provides funding dient.’’ Accordingly, in keeping with the based on decisions and actions that un- for the Department of Energy. The Act also well-settled obligation to construe statutory questionably enhance the national se- provides funds for the water resources devel- provisions to avoid constitutional questions, curity interests of the United States, opment activities of the Corps of Engineers I will interpret section 505 so as not to in- fringe on the Executive’s authority to con- and nothing less. Our foreign policy and the Department of the Interior’s Bureau cannot be based on a view of the world of Reclamation, as well as funds for various duct studies that might assist in the evalua- tion and preparation of such measures. through rose colored glasses. Decisions related independent agencies such as the Ap- must be made on the assessment of the palachian Regional Commission, the Nuclear GEORGE BUSH. The White House. Regulatory Commission, and the Tennessee clear and present dangers to the United Valley Authority. Mr. KYL. I emphasize the following States now and in the future. Let me I am pleased that the Congress has pro- excerpt from President Bush’s state- reiterate some of those dangers con- vided funding for the Superconducting super ment: fronting U.S. citizens today.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12515 There are twenty-five to thirty coun- plosion. The bottom line is a test ban tunity to take another important step tries that have sought or are seeking would harm modernization efforts, and in ridding the world of the threat of and developing ballistic missiles. Last jeopardize the lives of our men and nuclear war by ratifying the Com- August, North Korea flight-tested a women in uniform. prehensive Nuclear Test Ban Treaty long-range missile over Japan, dem- Furthermore, the CTBT will do noth- (CTBT). It was three years ago when onstrating its potential to strike Alas- ing to stop proliferation, even if test- the United States joined nations from ka or Hawaii in the near future. Al- ing is thwarted. This treaty is based on around the world in signing a treaty though our decisive victory in the Gulf the flawed assumption that prohibiting banning nuclear explosives testing. It War demonstrated to many of our ad- nuclear testing will stop rogue nations is up to the Senate to ratify this treaty versaries that a challenge on the bat- from developing nuclear weapons. How- and re-establish the United States as tlefield would be foolish, hostile states ever, this assumption fails to acknowl- the world leader in efforts to stop nu- now seek to offset our conventional edge that rogue nations could likely be clear proliferation. force strength through the develop- satisfied with crude devices that may Over forty years ago, President ment of their own nuclear weapons pro- or may not hit intended targets. Kill- Dwight D. Eisenhower began an effort grams. Does this Administration really ing innocent civilians does not seem to to end nuclear testing. During this believe that if the U.S. ceased to test, be a concern of leaders like Saddam time, the United States and five other nations like North Korea, Libya, or Hussein of Iraq or Kim Jong-Il of North nations conducted 2,046 nuclear test ex- plosions—or an average of one nuclear Iran would end nuclear development? Korea. The only thing predictable test every nine days. The United States The dangers to the United States are about rogue nations is their unpredict- has not tested a nuclear weapon since very real and threats continue to grow. ability. Lack of testing is not a secu- The center of U.S. defense policy is rity guarantee. South Africa and Paki- 1992 when Congress and President Bush agreed to a moratorium on nuclear deterrence. Key to that deterrence is stan long maintained an untested arse- testing. the credible threat of retaliation nal, in spite of bold nuclear aspira- Countries who sign the CTBT agree tions. To presume that absence of nu- against those who would harm the U.S. to stop all above-ground and under- clear test equals enhanced security is and her citizens. This threat can only ground nuclear testing. The treaty also dangerous proposition. remain credible if our stockpile of sets up an extensive system of mon- It is also very disturbing that ratifi- weapons is reliable and modernized. itors and on-site inspections to help en- cation of this treaty would abandon a CTBT runs counter to this objective. sure that countries adhere to the trea- fundamental arms control principle Nuclear tests are the only dem- ty. Finally, the treaty includes six that has been insisted upon for the last onstrated way to assure confidence in ‘‘safeguards’’ proposed by the Presi- two decades—that the United States the reliability and safety of our nu- dent; the most important of which, al- must be able to ‘‘effectively verify’’ clear weapons. The CTBT will diminish lows the United States to remove itself compliance with the terms of the trea- our ability to fix problems within the from the conditions of the treaty at ty. Verification has meant that the nuclear stockpile and make safety im- any point the Congress and the Presi- provements. We have long relied on United States intelligence is able to dent determine it would be in the Na- testing these extremely complicated detect a breach in an arms control tion’s interest to resume nuclear test- weapons to demonstrate both their agreement in time to respond appro- ing. The current Chairman of the Joint safety and effectiveness. priately and assure preservation of our Chiefs of Staff, four former chairmen of The Clinton Administration falsely national security interests. the Joint Chiefs of Staff, numerous Because the CTBT bans nuclear test claims that every Administration since former military leaders, and an equal explosions no matter how small their Eisenhower has supported CTBT. What number of acclaimed nuclear scientists yield, it is impossible to verify. Low- the President fails to say is that no and nobel laureates support ratifica- other Administration has sought a test yield underground tests are very dif- tion of the CTBT. ban at zero yield like the current Ad- ficult to detect with seismic monitors. My support for the CTBT comes with ministration. Frankly, this is a dan- In previous Administrations, CTBT ne- an understanding of the limitations as- gerous proposition for the reliability gotiations focused on agreements that sociated with stopping countries and and safety of our arsenal. Former Sec- allowed explosions below a certain rogue nations from developing, testing, retary of Defense, James Schlesinger, threshold because it is impossible to and deploying nuclear weapons. Oppo- explained the problem: verify below those levels. As the CTBT nents of the CTBT claim that it is not * * * new components or components of is impossible to verify, cheating will a perfect document and therefore slightly different materials must be inte- occur, and U.S. security will be under- threatens the security of our Nation. grated into weapon designs that we deployed mined. While I agree that the CTBT is not the earlier. As this process goes on over the Mr. President, I stand with all Amer- definitive answer in stopping nuclear years, a simple question arises: Will this de- icans today in expressing concern sign still work? proliferation, I contend that it is an about the growing nuclear threat important step in the ongoing process That is why reliability testing is essential. across the globe. The real question be- As time passes, as the weapon is retrofitted, to prevent nuclear war in the future. we must be absolutely confident that this fore us is whether ratification of the The CTBT will not threaten our na- modified device will still induce the proper Comprehensive Test Ban Treaty will tional security. Most importantly, the nuclear reaction. That is why non-nuclear increase our own national security. Un- treaty bans the ‘‘bang’’, not the testing, as valuable as it is, is insufficient. It fortunately, the answer is no. The sad ‘‘bomb.’’ The United States already is why talk of a test ban with zero nuclear truth about the CTBT is that it would possesses the largest and most ad- yield is irresponsible. be counterproductive and dangerous to vanced nuclear weapons stockpile in Mr. Schlesinger’s point is well taken. America’s national security. Moreover, the world. I agree that maintaining a Make no mistake, the effects of a zero I think the Senate must recognize that strong nuclear deterrent is in our coun- yield test ban will be catastrophic for the implications of ratification of the try’s national security interest. Data U.S. security interests. CTBT is ultimate nuclear disarmament collected from over 40 years of nuclear The CTBT would also make it very of the United States. If the U.S. cannot testing, coupled with advanced sci- extremely difficult to meet new weap- maintain a safe and reliable stockpile, entific computing will ensure the reli- ons requirements. Throughout Amer- and is barred from testing them, disar- ability and safety of our nuclear weap- ican military history, advances in air mament will be the de facto policy. ons without testing. As I mentioned be- defense and anti-submarine warfare The United States cannot afford this fore, the United States can also with- have created a need for new weapons, dangerous consequence. Nuclear deter- draw from the CTBT at any time to and testing has saved the lives of U.S. rence has protected America’s national conduct whatever testing our country airmen. For example, nuclear testing and security interests in the midst of a feels is necessary. was required to make the B83 bomb of very hostile world. I urge my col- In fact, the CTBT will enhance our the B–1B aircraft to allow the plane to leagues to vote against this treaty. national security. The CTBT will limit drop its payload at a low altitude and Mr. JOHNSON. Mr. President, the the ability of other countries to ac- high speed and escape the pending ex- United States Senate has the oppor- quire nuclear capabilities, and it will

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Verification continued reliability of our nation’s the suspected state can deny access to requirements built into the CTBT will stockpile? particular inspectors and can declare a provide our country with access to ad- Since I have been in the Senate, I 50-square kilometer area off limits. ditional monitoring stations we would have voted for three arms control trea- These are exactly the type of condi- not otherwise have. For example, the ties. However, in my judgment, this tions we rejected in the case of CTBT requires the installation of over zero-yield test ban is not in our best in- UNSCOM in Iraq. 30 monitoring stations in Russia, 11 in terest. We would not be able to verify As to the question of reliability, we China, and 17 in the Middle East. These compliance with the Treaty or ensure all recognize that our nuclear deter- are in addition to the on-site inspec- the safety and reliability of our nu- rent is effective only if other nations tions of nuclear facilities that are also clear arsenal. Six former Defense Sec- have confidence that our nuclear allowed under the treaty. retaries, two former CIA Directors stockpile will perform as expected. A Additional monitoring stations and from the Clinton Administration, and loss of confidence would not only em- on-site inspections are only effective if two former Chairmen of the Joint bolden our adversaries, it would cause the countries we are most concerned Chiefs of Staff, including Minnesota’s our allies to question the usefulness of with actually ratify the treaty. Grant- General Vessey, have concluded that the U.S. nuclear guarantee. We could ed, there is no guarantee that the ratification of the CTBT would be in- end up with more nuclear powers rath- United States’ ratification of the CTBT compatible with our nation’s security er than fewer. will automatically mean that India, interests. There is a very real threat the credi- Pakistan, China, and Russia will follow The original official negotiating posi- bility of our nuclear deterrent will suit. However, it is an even greater tion of the Clinton Administration was erode if nuclear testing is prohibited. chance that these countries will be less to have a treaty with a finite duration Historically, the U.S. often has been inclined to ratify the treaty if our of 10 years that permitted low-yield nu- surprised by how systems which per- country does not take the lead. For clear tests and would have forced coun- formed well in non-nuclear simulations those who doubt the likelihood of other tries such as Russia and China into a of nuclear effects failed to function countries ratifying the CTBT, I point more reliable verification monitoring properly in an actual nuclear environ- to the example of the Chemical Weap- regime. If the Administration had ne- ment. Indeed, it was only following nu- ons Convention (CWC). It can not be re- gotiated a treaty along those lines, I clear tests that certain vulnerability futed that the United States ratifica- think it would have had a workable re- to nuclear effects was discovered in all tion of the CWC facilitated ratification sult with a good chance of being rati- U.S. strategic nuclear systems except by Russia, China, Pakistan, and Iran. Ratification by the United States is re- fied. the Minuteman II. Instead, the Administration agreed The Stockpile Stewardship Program quired to bring the CTBT into force, to a treaty of unlimited duration and a is advertised as an effective alternative and ratification by the United States zero-yield ban that prohibits all nu- to nuclear testing. I hope it will enable will strengthen our diplomatic efforts clear tests; a treaty which is clearly us to avoid testing in the near future. to influence other states to sign and unverifiable and a clear departure from However, many of the critical tools for ratify the treaty. The CTBT will not rid the world of the positions of all previous Adminis- the Stockpile Stewardship Program nuclear weapons and it may not even trations, both Democratic and Repub- have not been developed. For example, prevent all nations from conducting lican. For instance, President Eisen- the high-powered laser system which some kind of nuclear tests. However, hower insisted that low-yield nuclear supposedly will have the capacity to the CTBT provides the best tool avail- tests be permitted. President Kennedy test the reliability and safety of our able for the United States to continue ended a three-year moratorium on nu- nuclear stockpile was scheduled to its efforts to combat nuclear prolifera- clear tests, saying the U.S. would come on line in 2003, but has now been tion without jeopardizing our own na- ‘‘never again’’ make that kind of error. pushed back two years later. We should tional security. I urge my Senate col- President Carter opposed a zero-yield make sure that alternatives to nuclear leagues to join me in supporting this test ban while in office because it testing are fully capable before we important treaty and restoring Amer- would undermine the U.S. nuclear de- commit to abandoning testing. ica’s leadership on this issue. terrent. No other Administration has There also are very real safety con- Mr. GRAMS. Mr. President, the Sen- ever supported a zero-yield ban which cerns which we must address when ate’s responsibility for advice and con- prohibits all nuclear tests. dealing with aging materials and com- sent on treaties places a grave respon- Ronald Reagan’s words, ‘‘Trust but ponents of weapons that can degrade in sibility on the institution and its mem- verify,’’ remain a guiding principle. unpredictable ways. Right now, only bers. There is a very high bar that But a zero-yield ban is not verifiable. one of the nine types of weapons in our treaties have to meet, a two-thirds While the exact thresholds are classi- nuclear stockpile have all available vote in the Senate. That is for good fied, it is commonly understood that safety features in place, because adding reason. Our nation takes our treaty ob- the United States cannot detect nu- them would have required nuclear test- ligations seriously, and the Senate is clear explosions below a few kilotons of ing. It doesn’t make sense to effec- the final check on flawed or premature yield. We know that countries can take tively freeze our stockpile before all of commitments. While I support the goal advantage of existing geologic forma- our weapons are made as safe as pos- of controlling nuclear proliferation, it tions, such as salt domes, to decouple sible. We must make sure that the is becoming clear the Comprehensive their nuclear tests and render them members of our armed forces who han- Test Ban Treaty (CTBT) is not in the undetectable. Also, advances in com- dle these weapons are not placed in best interests of this nation. mercial mining capability have enabled jeopardy, and the communities which After a meeting with the President, countries to muffle their nuclear tests, are close to nuclear weapons sites are personal discussions with some of our allowing them to conduct militarily not endangered. nation’s top diplomats, including significant nuclear explosions with lit- Furthermore, this treaty would not former Secretary of State Henry Kis- tle chance of being detected. ensure U.S. nuclear superiority. As singer, and participation in hearings Should technical means of John Deutch, Henry Kissinger and held by the Foreign Relations Com- verification fail, the onsite inspection Brent Scowcroft stated in a recent op- mittee, I harbor reservations about regime is extremely weak. If we sus- ed, ‘‘no serious person should believe this treaty in its current form and pect a country has cheated, thirty out that rogue nations such as Iran or Iraq question if it would truly be in the na- of fifty-one nations on the Executive will give up their efforts to acquire nu- tion’s best strategic interest as we Council have to agree to an inspection. clear weapons if only the United States move into the 21st Century. It will be extremely difficult to reach ratifies the CTBT.’’ There is already a

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12517 nuclear Non-Proliferation Treaty the sort of historic opportunity that First, let me say I do believe my col- (NPT). Any threshold state that is was only a dream during the Cold War. leagues and I share the goal of decreas- ready to test has already broken the An opportunity to create an inter- ing the number of weapons of mass de- norms associated with that treaty. national monitoring system that would struction found throughout the world. There is no reason to believe that the be our best assurance that no country’s With that aside, my utmost concern is CTBT regime, which has no real en- nuclear testing program moves any for the safety of each American, and I forcement mechanism, will succeed further than it already has. But that take very seriously my constitutional where the NPT has failed. Nations that won’t happen without this country’s responsibility to review the Com- are habitual violators of arms control participation. prehensive Test Ban Treaty as it re- treaties will escape detection, building The United States must take the lead lates to the security of American citi- new weapons to capitalize upon the in transforming the CTBT from a piece zens. I must take into consideration U.S. deficiencies and vulnerabilities of paper into a force for global secu- not only the present state of the world, created by the CTBT. rity. Our decision to ratify will have a but the future as well. While I support continuing the cur- profound effect on the way this treaty I have, in the past, supported mora- rent moratorium on nuclear testing, it is perceived by the rest of the world. toriums on nuclear testing. In 1992, I seems premature for the United States 154 nations have signed the CTBT, but voted in favor of imposing a 9-month to consider ratifying the CTBT. I can many of those countries will ratify it moratorium on testing of nuclear envision a time, however, when ratifi- only if the United States leads the weapons with only limited tests fol- cation of a much better negotiated way. And every nation with nuclear lowing the moratorium. Since the Ei- treaty could benefit our nation—but technology must ratify this agreement senhower Administration, each Presi- not until we have developed better before it comes into force. dent has sought a ban on nuclear test- techniques for verification and enforce- Every President since Dwight D. Ei- ing to some degree. However, never be- ment, and the advanced scientific senhower has stressed the importance fore has an administration proposed a equipment we need for the stockpile of controlling nuclear weapons world- ban on nuclear testing with a zero- stewardship program. wide. And I hope everyone here will re- yield threshold and an unlimited time Mr. LAUTENBERG. Mr. President, member that this treaty has strong duration. The goal of the Comprehensive Test we are about to begin a new century— support from military weapons experts, Ban Treaty, also known as CTBT, is to a new millennium with new opportuni- religious groups, scientists and world ban all nuclear testing. However, I ties to make the world a safer place. leaders. have not been convinced this treaty is The United States must be taking the Even more importantly, the Amer- in the best interests of the United lead in pursuing those opportunities. ican people support ratification of this States. From the lack of clear defini- Which will be possible when this Sen- document. They know how important tions to the incorrectness of under- ate ratifies the Comprehensive Test it is and prove it in polls when they say lying assumptions to the verification Ban Treaty which is our best hope for 82% view the treaty ratification as es- and enforcement provisions, I believe containing the threat of nuclear war. sential. They will remember how we Unchecked testing of nuclear weap- the treaty is fundamentally flawed. vote on this issue. And it has to be ons is the single greatest threat to And, these flaws cannot be changed by pretty tough to explain to voters who world peace—and to the security of the Senate amendment. want their families protected why you United States—as we enter the 21st I want to take a few moments to dis- didn’t vote to ban testing of nuclear century. I know none of my colleagues cuss my concerns regarding the Com- weapons. want nuclear weapons falling into the prehensive Test Ban Treaty. I know the argument has been made hands of hostile people. None of us Verification is critical to the en- that this treaty will somehow com- want emerging nuclear powers to de- forcement of any treaty. Without promise our own defenses. But that’s a velop advanced weapons of mass de- verification, enforcement cannot pretty shaky theory. The United struction. truthfully occur. The Clinton Adminis- The CTBT is not a magic wand, but it States can maintain its nuclear stock- tration has called for zero-yield under would make it more difficult for other pile without testing, using the most the CTBT. No yield. This means there countries to develop sophisticated nu- advanced technology in the world. So should be no nuclear yield released clear weapons. But unless we act now ratifying this treaty won’t leave us when an explosion occurs. There is to ratify this treaty, those remain very without a nuclear edge, it will preserve agreement among the Administration, real possibilities—with potentially cat- it. At the same time, it will signal our the intelligence community and the astrophic consequences. commitment to a more secure and last- Senate that a zero-yield threshold can- Most of us here grew up during a ing world peace. not be verified. time when the threat posed by nuclear A number of our colleagues and other The issue of zero yield takes on an- weapons manufactured by the former people as well have suggested that we other level of importance when it be- Soviet Union were a day-to-day, ever- don’t have the required two-thirds ma- comes clear that zero-yield is not the present reality. That particular dan- jority to ratify this treaty. As a result, standard defined in the Treaty. It is ger, of course, is part of history now. President Clinton has asked that we the standard interpreted by President But that doesn’t mean the United delay this historic vote a little longer. Clinton. Nowhere in the Treaty is there States or any other country can rest I am prepared to support that approach a definition of what is meant by a easy. In fact, in some ways, the dan- with great reluctance because rejecting ‘‘test.’’ Other countries, notably Rus- gers are even greater today. this essential treaty outright would be sia, have not interpreted the Treaty in Forty years ago, we at least knew the worst possible outcome. But a the same manner. We don’t know how who the enemy was. We knew where to delay should give my colleagues who China has interpreted the ban on target our defenses. Unless we ratify are skeptical of this treaty the chance ‘‘tests.’’ We don’t know because we this treaty and play a role in enforcing to better understand how it will en- cannot verify that China and Russia it, we won’t be completely sure which hance our nation’s security and why it are not testing. Therefore, not only do countries are moving ahead with a nu- has the support of the American peo- we have a potential standard that is clear weapons program. ple. impossible to verify, but other coun- Over just the last year and a half, I hope that, sometime within the tries have the ability to interpret the India and Pakistan have conducted next year, we will have the opportunity Treaty differently and act upon their missile tests, and Pakistan’s elected to continue this debate and provide the interpretation, and the United States government has just been overthrown necessary advice and consent to ratify will not be able to enforce the higher by a military coup. These develop- a treaty that would create a more standard. ments make it more urgent than ever peaceful world in the next century. A second major concern of mine in- that we hold the line on any further I yield the floor. volves our existing nuclear stockpile. nuclear weapons testing world-wide. Mr. GRASSLEY. Mr. President, I rise The cold war may be a thing of the That is exactly what this treaty today to express my opposition to the past, but threats to our nation’s secu- promises to do. In fact, it represents Comprehensive Test Ban Treaty. rity exist today. Our nuclear stockpile

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12518 CONGRESSIONAL RECORD — SENATE October 13, 1999 exists for a reason, and not only are 51 members of an Executive Council had the intimate knowledge of defense new weapon technologies essential to elected by all State Parties to the and foreign policy matters that Scoop our defense, it is also critical to main- Treaty. And, the United States is not did. And this expertise extended to tain the security and safety of existing even guaranteed a position on the Ex- arms control issues as well. Jackson weapons. ecutive Council. Furthermore, onsite was famous for taking apart arms con- Proponents of the CTBT maintain inspections are subject to a number of trol agreements and forcing the Execu- the United States does not need to con- limitations. First, inspection activities tive Branch and his congressional col- duct nuclear tests to maintain the in- are subject to time limits (25 days.) leagues to understand fully the matter tegrity of our existing stockpile be- Any collection of radioactive samples at hand. And, Jackson was a leader at cause of President Clinton’s Stockpile must be accompanied by an approval perfecting arms control agreements Stewardship Program. The Stockpile by a majority of the Executive Council. that fully protected U.S. interests. Stewardship Program relies upon com- No State Party is required to accept si- Senator Jackson was a defense giant puter modeling and simulations as a multaneous on-site inspections on its throughout the cold war. He cham- substitute for testing. I believe the in- territory. And finally, the State party pioned his country’s defense from the tent of the Stockpile Stewardship Pro- under inspection may refuse to accept days of FDR to Ronald Reagan’s first gram is good. However, I am not con- an observer from the State party re- term as President. Yet, he managed to fident in the ability of the Stockpile questing the inspection. There is cur- vote for every single arms control trea- Stewardship Program to keep our ex- rently a supporter of inspection limita- ty that came before the Senate. He isting stockpile safe. One-third of all tions similar to these; his name is Sad- tackled the issues and he protected weapons designs introduced into the dam Hussein. U.S. interests and national security U.S. stockpile since 1985 have required Effective arms control treaties can with absolute devotion to country free and received post-deployment nuclear be extremely helpful in limiting the from partisan politics. Jackson epito- tests to resolve problems. In three- spread of weapons of mass destruction. mized the Senate at its best; senators fourths of these cases, the problems Moratoriums on nuclear testing and working together without time con- were discovered only because of ongo- limiting the yield of tests have high- straints; senators holding the Adminis- ing nuclear tests. In each case, the lighted the ability of the United States tration accountable; senators engaged weapons were thought to be reliable and other responsible countries to to strengthen U.S. foreign and defense and thoroughly tested. shape the current environment while policy. I see three problems with the Stock- protecting against the intentions of Sadly, this Senate has taken a dif- pile Stewardship Program as it exists rogue states. I remain hopeful that our ferent course. Few can argue with any today. First, the technology has not technology will one day rise to the sincerity that the Senate has given the been proven. In 1992 laboratory sci- level of verifying a zero-yield nuclear CTBT a thorough consideration. The entists proposed a series of tests to cre- test ban. I remain hopeful that China, treaty’s certain defeat was dictated by ate the data bases and methodologies Russia, India and Pakistan may one partisanship before a single hearing for stockpile stewardship under a ban day commit themselves—in both words was held on the issue. Advise and con- on nuclear testing. These tests were and actions—to cease developing and sent, the Senate’s historical and con- not permitted. At the very least, ac- testing nuclear weapons. Until that stitutional duty has been laid aside by tual nuclear tests are necessary to day, or until a Treaty is brought before a majority party currying favor with produce an accurate computer simula- the Senate that can be verified and extremist political forces. tion. Second, data from past tests don’t fairly enforced, I will continue to sup- In spite of the pre-determined fate of address aging, which is a central prob- port policy that protects American the CTBT, I want to take a few min- lem in light of the highly corrosive na- citizens. And in this case, it means op- utes to briefly explain my strong sup- ture of weapon materials. Shelf life of posing the Comprehensive Test Ban port for the Comprehensive Test Ban U.S. nuclear weapons is expected to be Treaty. Treaty. 20 years, and many weapons are reach- Mrs. MURRAY. Mr. President, I rise The arguments used to end nuclear ing that age. Without testing we will to join my colleagues in voicing my testing in 1992 are just as valid today. not have confidence in refurbished war- strong support for Senate ratification My service in the Senate has largely heads. My third concern relates to of the Comprehensive Test Ban Treaty. mirrored the U.S. moratorium on nu- China. Apparently, China has acquired I joined many of my colleagues in clear weapons tests. President Bush the ‘‘legacy’’ computer codes of the calling for Senate consideration of the wisely halted U.S. nuclear weapons U.S. nuclear test program. The Clinton CTBT. But I must say, I am very dis- testing after a thorough review of our administration proposes to base its ef- appointed in the process put into place nuclear weapons arsenal and particu- forts to assure stockpile viability on for the consideration of this hugely im- larly the safety, reliability and surviv- computer simulation which is highly portant issue. ability of our stockpile. vulnerable to espionage—and even to This Senate is failing our great tradi- The directors of our nuclear weapons sabotage—by introducing false data. tion of considering treaties without laboratories, numerous prestigious There is no such thing as a secure com- partisan political influences. So many weapons scientists, prominent military puter network. giants in American history have ar- leaders and many others remain con- The Comprehensive Test Ban Treaty gued for and against treaties right here vinced that the United States can safe- will not go into effect until 44 specific on the Senate floor. ly maintain its nuclear weapons stock- countries both sign and ratify the Senator Henry ‘‘Scoop’’ Jackson pile without nuclear testing. Treaty. In addition to the United from my own State of Washington was The CTBT freezes in place U.S. su- States, China, Russia, North Korea, one of these giants. Following his premacy in nuclear weaponry. Iran, India and Pakistan have yet to death in 1983, Charles Krauthammer The United States maintains a 6,000 ratify, and India and Pakistan have not wrote the following in Time magazine: warhead nuclear arsenal. This arsenal even signed the Treaty. The argument The death of Senator Henry Jackson has is the result of more than 1,000 nuclear is made that U.S. ratification would left an empty stillness at the center of weapons tests. Our nuclear weapons American politics. Jackson was the symbol, quickly lead to ratification by these program is without equal in the world. other countries. I would reply by say- and the last great leader, of a political tradi- tion that began with Woodrow Wilson and Dr. Hans Bethe, Nobel Prize winning ing that—as the Treaty is con- reached its apogee with John Kennedy, Lyn- physicist and former Director of Theo- structed—each of these countries could don Johnson, and Hubert Humphrey. That retical Division at the Los Alamos indeed sign and ratify the Treaty. tradition—liberal internationalism—held Laboratory wrote the President on this Then, they could proceed with low- that if democratic capitalism was to have a very point in early October. Dr. Bethe’s yield nuclear testing which cannot be human face, it had to have a big heart and letter states: strong hand. verified. Every thinking person should realize that Even if nuclear testing is suspected, Scoop believed in that strong hand. this treaty is uniquely in favor of the United under the terms of the CTBT, any in- Senator Jackson was one of the Sen- States. We have a substantial lead in atomic spection must be supported by 30 of the ate’s workhorses on defense issues. Few weapons technology over all other countries.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12519 We have tested weapons of all sizes and have made our nation, and our world, a Leader has decided to force our vote on shapes suitable for military purposes. We safer place. The United States has been this treaty. The very nature and tim- have no interest in and no need for further a world leader to reduce global nuclear ing of the issue requires that we come development through testing. Other existing tests. Several nuclear test ban treaties together and act in a responsible, non- nuclear powers would need tests to make up this technological gap. And even more im- already are in effect, including the 1963 partisan manner. We are faced with an portantly, a test ban would make it essen- Limited Test Ban Treaty (LTBT), historic opportunity to send nations tially impossible for new nuclear power to which banned nuclear blasts in the at- around the world an important, power- engage. mosphere, space, and underwater; the ful message—let’s make sure it is the Here’s a leading nuclear scientist, a 1974 Threshold Test Ban Treaty right message and that we vote to rat- Nobel Prize winning physicist, and he (TTBT), which banned tests on devices ify this important treaty. says the CTBT is ‘‘uniquely in favor of above 150 kilotons; and the 1990 Peace- Ratification will strengthen—not the United States.’’ To me, this is an ful Nuclear Explosion Treaty. weaken—America’s national security. immensely powerful argument in favor Unfortunately, the Comprehensive We must remember that ratification of CTBT. Test Ban Treaty will not provide the will not force America to abandon or Failure to ratify the test ban treaty same protections as these other weap- alter its current practice regarding nu- will send a disastrous message to the ons treaties. That is why I cannot sup- clear testing—we stopped nuclear test- international community. port it. ing seven years ago. And why did we Already our closest allies are calling I am against the CTBT for two funda- stop nuclear testing? Because we have upon the United States to ratify the mental reasons: 1. The Treaty does not a robust, technically sophisticated nu- CTBT. Many countries urging the U.S. guarantee us an ability to maintain a clear force and because nuclear experts to ratify the treaty are the same coun- safe, viable, and advanced nuclear affirm that we can maintain a safe and tries covered by the U.S. nuclear um- stockpile; and 2. The Treaty does not reliable deterrent without nuclear brella including our closest NATO al- provide effective verification and en- tests. This is also one reason why we lies. forcement if other nations violate the should ratify the CTBT. Given our unmatched nuclear superi- Treaty. Another reason to ratify the CTBT is ority, is the United States’ national in- The Clinton administration has pro- that it will strengthen our national se- terest advanced by working with the posed replacing our testing system curity by limiting the development of global community to combat potential with a computer simulated Stockpile more advanced and more destructive nuclear threats? The answer to me is a Stewardship Program. Right now, we nuclear weapons. As we all know, we resounding yes. simply do not know if this program can have the most powerful nuclear force The United States is safer if the serve as a reliable surrogate for test- in the world. Thus, limiting the devel- world is working together to combat ing. We do not know if computer sim- opment of more advanced and destruc- any proliferation threats. Without the ulations can mimic accurately the tive nuclear weapons limits the power CTBT, the global effort to combat pro- functions of actual testing. We do not of rogue nations around the world from liferation will be seriously undermined know if computer simulations can pro- strengthening their own nuclear arse- and U.S. credibility and sincerity will vide adequate information so we can nal. It allows America to maintain its be jeopardized. modernize and our devices in response nuclear superiority. Our efforts to contain and control a to changing threats and new weapons Full ratification and implementation nuclear arms race in South Asia will be systems. What we do know is that in of the CTBT will also limit the possi- undermined. The global resolve to con- order for our own nuclear defenses to bility of other countries from acquiring tain proliferation in the Middle East in be an effective deterrent, they must be nuclear weapons. Furthermore, it will countries like Iran and Iraq will dimin- able to work. Ratification of the CTBT provide us with new mechanisms to ish. Rogue states like North Korea will would close off the only means that monitor suspicious activities by other not face the same international resolve currently can ensure the reliability, nations. For example, it provides for a on weapons experimentation and devel- safety, and security of our nuclear de- global network of sensors and the right opment. It will be easier for nations fense stockpile. to request short notice, on-sight in- like China to modernize its nuclear I also am opposed to the CTBT be- spections in other countries. weapons program if the CTBT does not cause it does not provide adequate But failure to ratify the CTBT will enter into force. Our already difficult verification and enforcement mecha- jeopardize our national security as well efforts to work with a fraying nuclear nisms. Nations will be able to conduct as the security of countries around the establishment in Russia will also be nuclear tests well below the detection world. If we fail to act, the treaty can- setback by the U.S. failure to lead the threshold of the Treaty’s current moni- not enter into force for any country. effort to end nuclear weapons testing toring system. If a rogue nation, like Let us not forget that nuclear competi- once and for all. Iraq, conducts a nuclear test, and the tion led Pakistan and India to conduct The CTBT is largely a creation of the United States insists on an on-site in- underground nuclear testing over one United States. For more than 40 years, spection, the treaty first would require year ago. Without this treaty, nuclear Republican and Democratic Adminis- 30 of 51 nations on the CTBT executive competition will only continue to grow trations have pushed the world to end council to approve the inspection. If and to spread. Without this treaty, un- nuclear weapons testing. President approved, the country to be inspected derground nuclear testing will not only Clinton signed the CTBT upon its suc- could still declare up to 50 square kilo- continue but will be carried out by cessful negotiation in 1996. More than meters as being ‘‘off limits’’ from the even more countries—not by our allies, 140 countries have signed the treaty. inspection. How can measures like this but rather, by our enemies. Some 40 countries have ratified the ensure other nations will comply with I am dismayed that we are even treaty. U.S. ratification of the CTBT is the CTBT? They simply can’t. forced to consider this vital treaty in one of the last remaining hurdles to The national security of our nation light of the current unrest in Pakistan the treaty entering in force. would not be served with the adoption and India. Now, more than ever, we Mr. President, I will cast my vote of the current CTBT. I believe ratifica- must demonstrate national unity. with absolute confidence for ratifica- tion of the CTBT could compromise our We must listen to the experts who tion of the Comprehensive Test Ban national security. The Senate should urge us to ratify the treaty—the Secre- Treaty. defeat its ratification. taries of Defense and Energy, the Di- Mr. DEWINE. Mr. President, we live Ms. MIKULSKI. Mr. President, I rise rectors of the National Weapons Lab- in dangerous and uncertain times. The to support the Comprehensive Nuclear oratories and the Nobel laureates. We global threats to peace and security Test-Ban Treaty. must listen to national leaders around known well to us during the Cold War This is a sad day for the Senate. De- the world beseeching us to ratify the have been replaced by terrorist states spite limited debate on this issue, the treaty—asking us to act as a respon- and rogue nations with growing nu- appeal of the President and bi-partisan sible international leader and to serve clear arsenals. Historically, existing pleas of over 51 Senators to delay con- as a positive example for other nations international arms control agreements sideration of this treaty, the Majority to follow. And most important, we

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12520 CONGRESSIONAL RECORD — SENATE October 13, 1999 must listen to the American people— look no further than Iraq to appreciate The point is that once the treaty is the majority of whom are pleading the difficulty in inspecting a nation signed, we need to be confident that we with us to make our world a safer place that wants to obfuscate such testing. can maintain a safe, reliable nuclear and to ratify this treaty. Just a quick review of the significant stockpile. We have no such confidence Let us not forget that 152 countries events that escaped our intelligence today—perhaps the technology will be have signed the CTBT. America led community in the recent past do not in place in 5–15 years—and therefore we these countries by being the first to give confidence that they will uncover should not jeopardize our nuclear de- sign the treaty. Other major nuclear violations of this treaty. Our intel- terrent by agreeing to this treaty. powers, such as Britain, France, Russia ligence officers missed the develop- Because we cannot verify whether and China followed our lead. To date, ment of the advanced missile develop- other nations are following the treaty, 41 countries have ratified. Although we ment by North Korea, they failed to because the treaty does not halt or pre- will not be the first country to ratify, recognize the signs that both India and vent proliferation of nuclear weapons let us not be the first country to jeop- Pakistan were going to test nuclear and because the treaty could lead to re- ardize its very existence. weapons, they provided incorrect infor- duced reliability and safety of our nu- We live in a dangerous world—where mation resulting in our bombing the clear stockpile, I cannot support its terrorists and rogue nations are devel- Chinese Embassy in Belgrade, and they ratification. oping the most repugnant weapons of failed to provide sufficient information Mr. JEFFORDS. Mr. President, the mass destruction. We need to think to prevent us from conducting a mis- Senate finds itself in a very uncomfort- able position today. We have before us clearly about what message we are sile attack on a pharmaceutical plant one of the most important treaties ne- sending today to the rest of the world— in Khartoum. gotiated this decade, the Comprehen- to our allies and to our adversaries. Additionally, there was confusion sive Test Ban Treaty. It is not perfect. Our actions today will influence action over the exact number of nuclear tests It does not do everything we wish it by countries around the world. If we conducted by India and Pakistan. would. Its verification provisions are ratify, other countries will follow suit Secondly, ratification of this treaty not air-tight, and its sanctions for vio- and ratify. Our failure to ratify will go will not reduce development or pro- liferation of nuclear weapons. A basic lators are not particularly stiff. beyond encouraging other nations to I understand many of my colleagues’ truth for any nation is that it will act follow suit. It will prevent the very uneasiness about the treaty. Prior to in a manner that best suits its national entry into force of this historic agree- last week, there had been no deliberate interests. The downside of our military ment. consideration of the CTBT before any Let us send a powerful message to dominance compared to the rest of the Senate committee. Members have had our neighbors around the world and world is that it forces weaker nations little opportunity to learn about the ratify this historic treaty. Let us rat- to rely on weapons of mass destruc- treaty and have their questions ad- ify the treaty and guarantee a safer fu- tions as a counter to our conventional dressed. A significant portion of the ture for our children by strengthening strength. Russia and China have both Senate has just in the last two weeks the security of our country and of the publicly stated that a new reliance on begun to carefully examine the details world. nuclear weapons is necessary to ‘‘bal- of the treaty. This is no way to conduct Mr. ROBERTS. Mr. President, there ance’’ our dominance. Rogue nations the ratification process on a matter of are few responsibilities of the Senate cannot possibly challenge us with con- such importance to national security, more important than the constitu- ventional weapons and therefore feel and puts Senators in a very uncomfort- tional duty to offer our advise and con- compelled to acquire or develop non- able position. For some time, I have sent on treaties. conventional weapons. urged the Foreign Relations Com- After long deliberation and after a This treaty will not stop or slow mittee to hold hearings on this treaty series of classified and unclassified down the development of nuclear weap- and allow this debate to begin. But for hearings, I have determined that I can- ons if a nation deems these weapons as better or worse, this is the situation we not support ratification of the Com- vital to their national interests. Russia find ourselves in, and having exhausted prehensive Test Ban Treaty. There are and China will not be deterred from en- appeals for a delay in the vote, I trust serious flaws in this document that hancing their nuclear weapon perform- my colleagues will do their best to could endanger our national security in ance simply because they have signed thoroughly evaluate what is now before the future. this treaty. them. Make no mistake, the world is a dan- Yet, our own nuclear defense pro- Implementation of the CTBT would gerous place. We must deal with the gram would be limited under the trea- bring, however, a significant improve- world as it is, not as we wish it were. ty. ment in our ability to stop the pro- And we must approach ratification of Third, the Stock Pile Stewardship liferation of nuclear weapons. The Test this treaty with only one view; does it program as outlined will not guarantee Ban Treaty would constrain the devel- advance the cause of world peace with- safe and reliable nuclear weapons. This opment of new and more deadly nu- out jeopardizing our own security. is a technical area. But there is consid- clear weapons by nations around the The treaty fails on both counts. erable differences of opinion between globe by banning all nuclear weapon First, this treaty is not verifiable. I impressive scientists about whether we test explosions. It would also establish cannot vote for a treaty that will bind can maintain our stock pile as safe and a far-reaching global monitoring sys- the United States, but which will be ig- reliable without nuclear testing. With- tem and allow for short-notice on-site nored by other nuclear nations. out such assurance of safety and reli- inspections of suspicious events, there- There are differing opinions con- ability and with the knowledge that by improving our ability to detect and cerning the ability to detect nuclear the United States will maintain a nu- deter nuclear explosions by other na- testing. But the issue is more complex clear deterrent for the foreseeable fu- tions. The fact that the CTBT was than just detecting a detonation of a ture, I cannot support such a treaty signed by 154 nations is a major tribute nuclear device with a yield greater that would potentially put our stock- to American diplomacy. Many of these than allowed by the treaty. If, for ex- pile at risk. nations are now looking to America for ample, if a detonation occurred and we Treaty proponents will argue that leadership before they proceed to rati- decided that we should inspect the site, any time the appropriate leaders of de- fication of the treaty, and under the how would we do the inspection? fense, energy and the scientific com- provisions of the treaty, it will not First, 31 nations have to agree that a munity say we must test to insure reli- enter into force until the United States violation has occurred before site in- ability and safety, we can withdraw has ratified. spections would be authorized. The from the treaty. I have little con- Rejection of the test ban treaty could chances of 31 nations agreeing a viola- fidence that once this treaty is ap- give new life to dormant nuclear test- tion has occurred are remote. But why proved, ‘‘pulling the sword Excaliber ing programs in countries like Russia do proponents of the treaty think a na- from the stone’’ would seem a trivial and China. It could also renew dan- tion that has just violated the treaty task compared to withdrawal from a gerous, cold war-era nuclear arms com- will allow an inspection? You need to nuclear test ban treaty. petitions. And we would have a very

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12521 difficult time asserting our leadership that the stockpile remains safe and reliable country. The first is a missile defense in urging any nation to refrain from today. system which belatedly we are now de- testing. Not only would we lose an his- ‘‘For the last three years, we have advised ploying. It is not yet ready, but we are toric opportunity to lock in this agree- the Secretaries of Energy and Defense on the way. That is No. 1. No. 2 is the through the formal annual certification ment among nations, we would under- process that the stockpile remains safe and ability to be sure we have a safe and se- mine the power of our own diplomacy reliable and that there is no need to return cure and viable nuclear arsenal. by not following through on an initia- to nuclear testing at this time. This is not a treaty that has been de- tive that we have spearheaded. ‘‘We have just forwarded our fourth set of bated for 20 years. It is not the same Critics charge that we cannot be 100 certification letters to the Energy and De- treaty that preceding Presidents nego- percent certain that we can detect any fense Secretaries confirming our judgment tiated. It is different in this respect: test of any size by any nation. I would that once again the stockpile is safe and reli- Every other President held firm for the able without nuclear testing. concede that is true. But when it United States to test at a low level. ‘‘While there can never be a guarantee that President Clinton gave that up. That is comes to national defense, nothing is the stockpile will remain safe and reliable 100 percent certain. We can never be indefinitely without nuclear testing, we have part of the reason this treaty is before sure any weapon will work 100 percent stated that we are confident that a fully sup- us and why the other countries came in of the time. We can be certain, how- ported and sustained stockpile stewardship because the low-level testing is not ever, that this treaty will improve our program will enable us to continue to main- able to be detected. No other President ability to constrain the nuclear threat tain America’s nuclear deterrent without nu- gave in on that issue. today and in the future. We owe it to clear testing. Secondly, no other President gave in ‘‘If that turns out not to be the case, Safe- our children and our grandchildren to on the issue of permanence. The idea guard F—which is a condition for entry into that we would unilaterally disarm our- add this important weapon to our de- the Test Ban Treaty by the U.S.—provides fense arsenal. selves in perpetuity is irresponsible. for the President, in consultation with the I do not like the fact we are taking I urge my colleagues to vote for rati- Congress, to withdraw from the Treaty under up this treaty now. I do not want to fication of the Comprehensive Test Ban the standard ‘‘supreme national interest’’ send a bad signal. But most of all, I do Treaty. clause in order to conduct whatever testing not want to leave ourselves and our al- The PRESIDING OFFICER. The Sen- might be required.’’ lies unprotected from some rogue na- ator from Delaware. Mr. LEVIN. Mr. President, our three tion that has nuclear capabilities, and Mr. BIDEN. Mr. President, I want to allies, in an unprecedented move, have directly appealed to this Senate to rat- we know there are many. inform my colleagues on this side—I I want to go back and look at the ify this treaty. Great Britain, France, apologize for it—the most I can give record, and let’s talk about peace Germany, directly appealed to this any colleague is 2 minutes. I yield 2 through strength. It was not peace Senate. minutes to the Senator from Michigan. through weakness and unilateral disar- Finally, it is unprecedented that this The PRESIDING OFFICER. The Sen- mament that stopped the Cold War. It Senate would defeat a treaty of this ator from Michigan. was peace through strength. We cannot magnitude with this speed without a Mr. LEVIN. Mr. President, with this let that go away by signing a treaty report even from the Foreign Relations fateful vote tonight the world becomes that is not in our interests. There are Committee. I think we are doing a real a more dangerous place. That is what other avenues. There is renegotiating disservice to world peace and stability our top military leaders are telling us. the treaty so we can test at a low level, by defeating this treaty. To quote General Shelton, the Chair- so we will be able to say to the world: I thank my friend for the time he has man of the Joint Chiefs: We have a nuclear arsenal, so do not yielded me. The world will be a safer place with the even think about lobbing a nuclear Mr. BIDEN. Parliamentary inquiry. treaty than without it. And it is in our na- missile at us or any of our allies. We The PRESIDING OFFICER. The Sen- tional security interest to ratify the treaty. could renegotiate the treaty so it has a ator from Delaware. Secretary of Defense Bill Cohen says term or a timetable. There are alter- Mr. BIDEN. If when the vote occurs that this treaty will ‘‘help cap the nu- natives. I hope we will not be rammed on the Resolution of Ratification it clear threat.’’ into doing something that is wrong for does not achieve 67 votes, what hap- Mr. President, we no longer have our country because there are alter- standing, when we defeat this treaty, pens to the treaty? The PRESIDING OFFICER. The trea- natives. to tell China or India or Pakistan or Mr. President, I ask unanimous con- ty would then stay on the calendar any other country: Don’t test nuclear sent that an excerpt of testimony from until the end of the Congress. weapons. General Shalikashvili in a March 1997 Mr. BIDEN. Further parliamentary We will have lost our standing, and I appropriations hearing be printed in inquiry: At the end of the Congress, believe will have lost our bearings. By the RECORD. rushing headlong into this vote tonight what would then happen to the treaty? There being no objection, the mate- and defeating a treaty which 150 na- The PRESIDING OFFICER. The trea- rial was ordered to be printed in the ty would then be returned to the For- tions have signed—it was said a few RECORD, as follows: eign Relations Committee. moments ago that our lab Directors EXCERPTS—SENATE APPROPRIATIONS Mr. BIDEN. I thank the Chair. I yield say that the treaty would endanger HEARING, MARCH 1977 the floor. their safety and reliability testing. NUCLEAR WEAPONS TESTING Mr. HELMS. I yield to the distin- I ask unanimous consent that a joint Senator HUTCHISON. Second, I am always statement of the lab Directors be print- guished Senator from Texas, Mrs. interested in the Department of Energy’s HUTCHISON. ed in the RECORD saying that ‘‘we are role in the maintenance and storage of our confident that a fully supported and The PRESIDING OFFICER. The Sen- nuclear stockpile. I would like to ask you a ator from Texas. general question. sustained Stockpile Stewardship Pro- Are you confident that they are doing ev- gram will enable us to continue to Mrs. HUTCHISON. Mr. President, I 1 erything that you think is prudent in main- maintain America’s nuclear deterrent want to be notified at 2 ⁄2 minutes. I am going to split my time with Senator taining and storing our weapons? Do you without nuclear testing.’’ think we are maintaining and storing SHELBY who has not arrived. I will take There being no objection, the mate- enough? And do you think we can rely on a 1 rial was ordered to be printed in the my 2 ⁄2, and then when he arrives, he safe and reliable nuclear stockpile when we will use the other 21⁄2 minutes. RECORD, as follows: have banned any testing? If America does not form a nuclear General SHALIKASHVILI. The answer is yes, JOINT STATEMENT BY THREE NUCLEAR WEAP- umbrella to protect world peace, who and let me tell you what I base this on. ONS LABORATORY DIRECTORS: C. PAUL ROB- I think it is 2 years ago that the President INSON, SANDIA NATIONAL LABORATORIES, will? To whom will our allies look to protect them from an incoming bal- established a system where each year the JOHN C. BROWNE, LOS ALAMOS NATIONAL Secretary of Defense, the Secretary of En- LABORATORY, AND C. BRUCE TARTER, LAW- listic missile? Only America can do ergy, and the Commander of our Strategic RENCE LIVERMORE NATIONAL LABORATORY that, and there are only two ways we Forces, now General Habiger in Omaha, have ‘‘We, the three nuclear weapons laboratory have to deter a rogue nation from lob- to certify that the stockpile is safe and reli- directors, have been consistent in our view bing a nuclear missile into some other able. The system is such that if any one of

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12522 CONGRESSIONAL RECORD — SENATE October 13, 1999 them reports that it is not so, then the Mrs. HUTCHISON. I thank the Chair. The argument that the CTBT will President has to consult with Congress on I reserve 21⁄2 minutes for Senator somehow undermine the safety and re- that issue. SHELBY. liability of our own stockpile is like- Senator HUTCHISON. How do they tell when Mr. BIDEN. I yield 2 minutes to the you cannot actually test? Do you think the wise flawed. We have conducted over computer modeling is sufficient? Do you distinguished Senator from Vermont. 1,000 nuclear tests during the last 54 think the testing is sufficient when you The PRESIDING OFFICER. The Sen- years, the most of any country in the can’t test? ator from Vermont. world. We have extensive knowledge of General SHALIKASHVILI. The Energy De- Mr. LEAHY. Mr. President, it is with how to build and maintain nuclear partment has proposed and the Secretary of regret, after 25 years in this Chamber, weapons reliably. Moreover, the Clin- Defense has agreed with the establishment of a Chamber I love so much, that I say it ton Administration is planning a 10 a science-based stockpile verification pro- is a travesty the Senate is on the verge year, $45 billion Stockpile Stewardship gram. It is a very costly program. To stand of rejecting the Comprehensive Nuclear it up—and I might have my number off but Program that will develop unprece- Test-Ban Treaty. The idea of a treaty dented supercomputing simulations not by much—it is about $4 billion a year, to banning all nuclear tests has been establish the laboratories, the computer that will further ensure the continued suites, and all of that, to establish it. around since President Dwight Eisen- reliability of our weapons. What I monitor is whether—this year, for hower called for one more than 40 years I question whether we need to spend instance, in the energy budget there is ap- ago when I was 19 years old. that much money, but I find it ironic Today, there is broad agreement proximately $4 billion toward the science- that many of the voices who are ques- based stockpile verification program. Just 10 around the world that a test ban treaty tioning the technical merits of Stock- days ago I was in Omaha to get a briefing is necessary and, I point out to my col- pile Stewardship Program are the same from General Habiger on how he is coming leagues, we have not conducted a nu- people who want to spend tens of bil- along on making the judgment that this year clear test since President Bush signed the stockpile is still safe and reliable. legislation to establish a moratorium lions more on a National Missile De- Not only is he in constant communications fense System that has shown modest with the nuclear laboratory directors who on nuclear testing in 1992. Mr. President, 152 nations have technical progress, to say the least. work that issue, he also has a panel of We have a treaty before us which will prominent experts on the subject who report signed this treaty. They are abiding by to him. Based upon his observations, because its terms, but if we vote against ratifi- curb the proliferation of nuclear weap- he monitors what is on the missiles and so cation, if we vote against advising and ons. It should have been ratified years on, his discussions with the labs and the re- consenting, the Senate will abdicate ago. I urge my colleagues to join me in port that he gets from the panel that is es- our Nation’s role as the world leader in setting aside short-term politics. Vote tablished just to answer that question, last support of nonproliferation. The 100 for the instruments of ratification. The year, for the first time, he made the judg- people in this body representing a Senate should be the conscience of our ment that it was safe. He tells me that, un- quarter of a billion people will abdicate Nation, the conscience of the world. If less something comes up before he reports we vote this down, it is not. again, he is going to again certify this year. our Nation’s responsibility to ourselves With each year that goes by and we are and the world. The PRESIDING OFFICER. The Sen- further and further away from having done I am bewildered at the arguments ator’s time has expired. the last test, it will become more and more made by some of my colleagues be- Mr. HELMS. Mr. President, I yield 3 difficult. That is why it is very important cause the United States, which enjoys minutes to the distinguished Senator that we do not allow the energy budget to an immense global nuclear advantage from Alaska, Mr. STEVENS. slip, but continue working on this science- over all other countries, will only find The PRESIDING OFFICER. The Sen- based stockpile verification program and that position eroded if a global ban on ator from Alaska is recognized. that we get this thing operating. But even then, Senator, we won’t know testing is not realized. Mr. STEVENS. Mr. President, I am whether that will be sufficient not to have to Treaty opponents make two main ar- not opposed to the concept of a com- test. What we are talking about is the best guments: that it is unverifiable and prehensive test ban treaty. judgment by scientists that they will be able that the safety and reliability of our If we are able to maintain our own to determine the reliability through these own weapons will be endangered with- nuclear deterrent and the umbrella of technical methods. out testing. In my judgment, both ar- nuclear protection we have extended to Senator HUTCHISON. Do you think we guments fail miserably. our allies, a ban on testing under a fair should have some time at which we would do As I said before, no treaty is 100% some testing just to see if all of these great treaty could be very much in our na- assumptions are, in fact, true? verifiable, and the fact is that any na- tional interest. How can we just sit here and say gee, we tion bent on developing a nuclear Clearly we do not want other coun- really hope this works and then be in a situ- weapon can fashion a crude device, tries to develop sophisticated nuclear ation of dire emergency and have them fiz- with or without this treaty. But with- weapons, the sort that are light enough zle? out the explosive testing that this to go on ICBMs that could reach our General SHALIKASHVILI. I don’t know. I treaty prohibits, it will be extremely country. A verifiable test ban would se- won’t pretend to understand the physics of difficult to build nuclear weapons riously hinder other countries from de- this enough. But I did meet with the nuclear small enough to be mounted on deliv- laboratory directors and we talked about veloping those sophisticated weapons. this at great length. ery vehicles. However, today we cannot indefi- They are all convinced that you can do The critical question we should be nitely maintain with certainty the that. But when I ask them for a guarantee, asking is if this treaty will make it sig- safety and reliability of our nuclear they cannot give it to you until all of the nificantly harder for potential evaders weapons. So while proponents of the pieces are stood up. Obviously, if we stand it to test nuclear weapons. The answer is treaty make valid points about the up, and we cannot do that, then we will have a resounding yes. This treaty estab- benefits that may be obtained with re- to go back to the President and say we will lishes a monitoring system that in- have to test. gard to nonproliferation, we are not Hopefully, it will work out. But we are cludes over 300 stations that will help yet prepared to assume the risks that still a number of years away before we will locate the origin of a test. Last year, would be imposed upon us if we give up have that all put together so that we can tell when India tested two nuclear devices the ability to test our own weapons. you for sure whether it will work or not. simultaneously, the seismic waves that As Paul Robinson, the Director of the Senator HUTCHISON. Well, mark one Sen- they created were recorded by 62 of Sandia National Laboratory, put it: ator down as skeptical. these prototype stations. General SHALIKASHVILI. Mark one Chair- Once a test has been detected, the Confidence in the reliability and safety of the U.S. nuclear weapons stockpile will even- man of the Joint Chiefs of Staff joining you treaty has a short-notice on-site in- in that skepticism. I just don’t know. tually decline without nuclear testing * * * But I know that if you do not help us to spection regime so questionable inci- Whether the risk that will arise from this de- make sure that energy puts that money dents can be resolved quickly. In short, cline in confidence will be acceptable or not against it and does not siphon it off for the treaty makes it much more dif- is a policy issue that must be considered in something else, then I can assure you we ficult for signatory nations to test nu- light of the benefits expected to be realized won’t get there from here. clear weapons without alerting the by a universal test ban. The PRESIDING OFFICER. The Sen- international community and incur- I have considered the risks on both ator has used 21⁄2 minutes. ring their collective condemnation. sides of the this issue, and I come to

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12523 the conclusion that a test ban should testing worldwide, or are we leaving the Senate Armed Services Committee, remain our goal, but we are not yet in ourselves frozen in time while other a number of hearings in the Intel- a position to enter into an indefinite nations march forward? Given our vast ligence Committee, and eventually, ban. superiority in both numbers and tech- nine days of Senate floor debate. The We hope over time to reduce the nology over other nations, including SALT II Treaty, which again was con- risks of maintaining our stockpile Russia, it would seem that a freeze on sidered when I was Majority Leader, without testing using a science-based testing could be an advantage to the was the subject of 21 hearings by the Stockpile Stewardship Program. But United States, if—and it is a big if— Foreign Relations Committee, and nine that program is not yet ready. other nations fully respect the treaty. hearings by the Armed Services Com- Our lab Directors believe it will take Third, does the treaty accomplish its mittee before President Carter and I another 5 to 15 years to prove the pro- objectives? This is where the questions reached agreement in 1980 that, as a re- gram can be a success. become more difficult. Verification is a sult of the seizure of the U.S. embassy As John Browne, the Director of the legitimate issue, as is the security of in Tehran, consideration of the treaty Los Alamos National Laboratory has the U.S. nuclear weapons stockpile. should be suspended. said, he is ‘‘concerned about several What will the impact be on our na- The Comprehensive Test Ban Treaty trends that are reducing [his] con- tional security if some countries cheat is of equal importance and deserves the fidence. These include annual short- on the treaty, and others simply refuse same consideration as those earlier falls in the planned budgets, increased to ratify it? Can we really trust an un- treaties affecting our national secu- numbers of findings in the stockpile tested Stockpile Security Program to rity. Senator WARNER and Senator that need resolution, an augmented maintain our arsenal of nuclear weap- LEVIN, the chairman and ranking mem- workload beyond our original plans, ons, and what signal will we be sending ber of the Senate Armed Services Com- and unfunded mandates that cut into to the rest of the world if we find flaws mittees, and their respective staffs, did the program.’’ in the program or in our weapons, a yeoman’s job in scheduling three I hope the Senate can delay a vote on flaws that mandate live testing to fix back-to-back days of hearings on the this treaty. It is in our national inter- the weapons? These types of questions Treaty last week. They managed to est to ask others to abide by a ban as require time and research to fully ex- wedge an enormous amount of informa- we are doing, and our ability to make plore. We have neither the time nor the tion into a remarkably brief window of that request will be reduced if we vote information we need on this treaty. opportunity. They deserve our thanks against ratification today. Finally, can the treaty be improved and our commendations. However, on whole, the risk to our by the addition of amendments, res- But what are we left with at the end national security is greater if we pre- ervations, understandings or the like? of the process? What we are left with is maturely agree to an indefinite ban. Few documents that come before this a cacophony of facts, assessments, and For that reason, I hope we will put off body are perfect, and treaties are no opinions. Few in this chamber are the vote on this treaty, but, if we have exception. It is easy to criticize, easy steeped in the intricacies of the Com- to vote, in the interest of national se- to find fault, easy to point out the prehensive Test Ban Treaty. I am not. curity, I will vote against the ratifica- flaws—it is much easier to renounce a Few of us have a full enough under- tion of this treaty at this time. piece of legislation or a treaty than to standing of the treaty to sift the com- I thank the Senator for the time. improve it. We have heard a fair peting opinions that we have heard this Mr. LEAHY. Mr. President, I yield 15 amount of discussion about the safe- week and to draw informed conclu- minutes out of our time to the distin- guards to be attached to this treaty. sions. guished senior Senator from West Vir- That is all well and good, but I wonder It is often said that the devil is in the ginia. if they are good enough. I wonder how details. To accept or reject this treaty Mr. BYRD. Mr. President, I thank much scrutiny Senators have really on the basis of such flimsy under- the distinguished Senator. given those safeguards. Could they be standing of the details as most of us Mr. President, I regret that the Sen- improved, or perhaps expanded? Maybe possess is a blot on the integrity of the ate has arrived at this juncture, that we need more safeguards. The point is, Senate, and a disservice to the Nation. we are forging ahead with a vote that under these circumstances, we do not Mr. President, I refer now to the Fed- many, if not most, of us believe is ill- have the ability to fully explore ways eralist No. 75 by Alexander Hamilton. timed and premature. The outcome is a to strengthen this treaty, and perhaps Let me quote a bit of what he says in foregone conclusion—the Senate will make it acceptable to more Senators. speaking of the power of making trea- reject the Comprehensive Test Ban A treaty of this nature—one that ties. Treaty. I sincerely hope that this vote would bar the United States from test- Its objects are contracts with foreign na- is being driven by something other ing its stockpile of nuclear weapons in tions, which have the force of law, but derive than pure partisan politics, but for the perpetuity—deserves extensive study, it from the obligations of good faith. They life of me, I fail to see it. Nevertheless, careful debate, and a floor situation are not rules prescribed by the sovereign to here we are, and vote, it appears, we that allows for the open consideration the subject, but agreements between sov- will. of amendments, reservations, or other ereign and sovereign. The power in question In the consideration of a matter as seems therefore to form a distinct depart- motions. ment, and to belong properly neither to the important as a major arms control Treaties of this importance, of this legislative nor to the executive. . . . treaty, we need, at a minimum, suffi- impact on the Nation, are not to be However proper or safe it may be in gov- cient time to examine the issue, suffi- brushed off with a political wink and a ernment where the executive magistrate is cient opportunity to modify the treaty, nod. Treaties of this importance must an hereditary monarch, to commit to him and last, but not least, the answers to be debated on the basis of their merits, the entire power of making treaties, it would a few basic questions. not calibrated to the ticking of the leg- be utterly unsafe and improper to entrust First, do we support the objectives of islative clock. that power to an elective magistrate of four the treaty? In the case of the CTBT, I As the distinguished ranking member years duration.... The history of human conduct does not warrant that exalted opin- think it is quite possible that a large of the Foreign Relations Committee, ion of human virtue which would make it majority of the Senate does support Senator BIDEN, noted on Friday, in wise in a nation to commit interests of so the goal of banning live nuclear weap- comparison with Senate consideration delicate and momentous a kind as those ons tests worldwide. I suspect that the of other national security treaties, the which concern its intercourse with the rest 80 percent or more approval ratings Comprehensive Test Ban Treaty has of the world to the sole disposal of a mag- that we hear in reference to this treaty been given short shrift indeed. The 1988 istrate, created and circumstanced, as would are based on that question. Intermediate-Range Nuclear Forces be a president of the United States. Second, is the treaty in the national Treaty (INF), which was considered . . . It must indeed be clear to a dem- onstration, that the joint possession of the security interests of the United States? during a time in which I served as Ma- power in question by the president and sen- Would the security of the United jority Leader, was the subject of 20 ate would afford a greater prospect of secu- States be enhanced if we could flash- hearings before the Senate Foreign Re- rity, than the separate possession of it by ei- freeze the practice of nuclear weapons lations Committee, 12 hearings before ther of them.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12524 CONGRESSIONAL RECORD — SENATE October 13, 1999 In The Federalist Essays, Number 75, operation of the leaders of both parties. whether the United States should conduct Alexander Hamilton lays out a compel- It is just that simple. hydronuclear experiments at the Nevada ling case for the fundamental and es- Mr. President, I look forward to the Test Site (NTS) under the moratorium on sential role that the Senate must play day when we can deliberate the full im- nuclear testing. Although the views of the Department of Energy on this matter are re- in the ratification of a treaty. plications of the Comprehensive Test flected in that decision memorandum, I want Mr. President, in accordance with Ban Treaty. What we do on this treaty to take this opportunity to strongly urge what Hamilton said, in these words will affect national—and inter- you to decide that the U.S. should not con- that I just spoke, we should pause to national—security for generations to duct, nor prepare to conduct, hydronuclear take his words to heart. He leaves no come. We owe it to the Senate and to experiments during the existing morato- room for quibble, no margin for ques- the Nation to give this Treaty thor- rium. At the very least, the U.S. should de- tion. The Senate is a vital part of the ough and informed scrutiny, to im- cide to defer a decision on whether to con- treaty-making equation. And yet, on prove it if needed, to approve it if war- duct hydronuclear experiments until after this treaty, under this consent agree- the Nuclear Non-Proliferation Treaty (NPT) ranted, or to reject it if necessary. Extension Conference next spring and not ment, the Senate has effectively abdi- That is our charge under the Constitu- take any actions which prejudice an ulti- cated its duty. tion, and that is the course of action mate decision on whether to conduct these This is an extraordinary moment. that I hope we will be given another experiments. The Senate is standing on the edge of a opportunity to pursue. II. Discussion precipice, approaching a vote that is, In closing, Mr. President, I cannot Under your leadership, the United States by all accounts, going to result in the vote today either to approve or to re- has taken a world leadership role in enacting rejection of a nuclear arms control ject the ratification of the Comprehen- and maintaining a nuclear testing morato- treaty. All of us are by now aware of a sive Test Ban Treaty. I will do some- rium and actively pursuing a test ban treaty. coup d’etat which has occurred in one thing that I have never before done in These efforts are essential elements of the of the more unstable nuclear powers in my 41 years in the United States Sen- comprehensive approach this Nation has un- dertaken to prevent the proliferation of nu- the world—Pakistan—a state that con- ate. I will vote ‘‘Present.’’ I will do so ducted underground tests of nuclear clear weapons. We must be vigilant to ensure in the hope that this treaty will some- that actions are not taken which could un- weapons just last year, but which in re- time be returned for consideration, dermine these essential objectives. cent weeks, sent signals that it would under a different set of circumstances, The reasons to, at a minimum, defer a de- sign the Comprehensive Test Ban Trea- in which we can fully and dispassion- cision on conducting hydronuclear experi- ty. ately explore the ramifications of the ments are compelling. While the two events are not nec- treaty and any amendments, condi- It is not technically essential to conduct essarily related, the Senate’s rejection tions, or reservations in regard to it. hydronuclear experiments at this time. The Department of Energy has determined that of this treaty, coming on the heel of Mr. President, I yield the floor. this coup d’etat, could send a powerful the existing nuclear stockpile of the United Mr. HELMS. I yield 4 minutes to the States is safe and reliable and; that tech- message to the as-yet-unfamiliar gov- distinguished Senator from New Hamp- nical means other than hydronuclear testing ernment in Pakistan. Would it not be shire, Mr. SMITH. can maintain the stockpile in this robust prudent to assess this new situation, The PRESIDING OFFICER. The Sen- condition for the near term. Additionally, with all of its potential ramifications ator from New Hampshire. the JASON group, a high-level, independent to our own security situation, before Mr. SMITH of New Hampshire. I technical evaluation team assessing the we act on this treaty? I believe all of us thank the Chair. Stockpile Stewardship program for the U.S. Government, weighed the limited technical know that it would. Mr. President, the Senate now has But, Mr. President, I fear that what value of hydronuclear experiments against acquired two documents which are very the costs, the impact of continuing an under- is driving the Senate at this moment revealing in this debate, new informa- ground testing program at the NTS, and U.S. instead of prudence or the security in- tion. I have a memorandum here which non-proliferation goals and determined that terests of the United States, is polit- makes clear that neither the Depart- on balance they opposed these experiments. ical agenda. Indeed, it is political agen- ment of Defense nor the Joint Chiefs of Publicly affirming the U.S. commitment da that has brought us to this uncom- Staff were privy to the Department of to conduct hydronuclear experiments would fortable place, and it is political agen- Energy’s lobbying effort vis-a-vis the highlight the issue at the Conference on Dis- armament. This could undermine the com- da which blocks our exit from it, de- White House to forgo all nuclear test- spite the desire of most members to prehensive nuclear test ban negotiations by ing under the CTBT. This was never— providing nations that are not fully com- pull back. in the words of a senior DOD official— mitted to a comprehensive nuclear test ban Once we have disposed of this vote, if coordinated with the Defense Depart- an opportunity to use U.S. conduct as a con- the Comprehensive Test Ban Treaty is ment or the military. venient excuse for their opposition. Signifi- returned to the Senate at some future These documents make it very clear cant progress on the test ban treaty is essen- date, I urge the leaders to work to- that the Clinton administration ig- tial if the priority objective of achieving an gether to re-examine it in a bipartisan nored national security concerns ex- indefinite extension of the Nuclear Non-Pro- liferation Treaty is to be successful in spring fashion. We have a number of ready pressed directly to the President of the made vehicles to do so—the Foreign 1995. United States in negotiating the CTBT A request for funding in fiscal year 1996 to Relations Committee, the Armed Serv- and a further reason that the treaty preserve the hydronuclear experiment option ices Committee, the Intelligence Com- should be rejected. will be difficult to defend to the Congress mittee, and the National Security Mr. President, I ask unanimous con- since it is not technically essential to con- Working Group, of which both leaders sent to have printed in the RECORD a duct these experiments to preserve stockpile are members. Our leaders should sit memorandum, dated September 8, 1994, reliability and safety. Additionally, because down with the experts whose opinions to the President of the United States of the controversial nature of hydronuclear experiments, a request for funding at this represent both sides of the Treaty de- from Hazel O’Leary. bate. They should talk to the Russians, time may invite the Congress to enact legis- There being no objection, the memo- lation restricting funding for this purpose. eyeball to eyeball. They should talk to randum was ordered to be printed in This would tie the hands of the Executive our allies, eyeball to eyeball. An opin- the RECORD, as follows: Branch in the negotiation of a comprehen- ion piece in the New York Times is no THE SECRETARY OF ENERGY, sive test ban treaty and may force a change substitute for face-to-face talks with Washington, DC, September 8, 1994. in the Administration’s current negotiating the leaders of Britain, France and Ger- MEMORANDUM FOR: THE PRESIDENT. position and strategy. Alternatively, if the Congress withheld its approval of funding, many. We have made the effort on From: Hazel R. O’Leary. this will create ambiguity concerning U.S. other treaties, and we should do no less Subject: Hydronuclear Experiments at the policy and intentions on this sensitive issue, for this Treaty. Nevada Test Site Under the Moratorium further complicating the comprehensive test And above all, we should undertake on Nuclear Testing. ban negotiations. this examination of the treaty on a bi- I. Summary As a member of your cabinet, with respon- partisan basis. No treaty of this impor- After careful and extended debate within sibility, with others, for carrying out your tance is going to receive the consider- the executive agencies, you are to be pre- non-proliferation and national security ation that it deserves without the co- sented with a decision memorandum on agenda, I believe strongly that a decision to

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12525 conduct, or to prepare to conduct, Mr. SMITH of New Hampshire. Mr. says: not technically essential to con- hydronuclear experiments under a nuclear President, in the summary of the docu- duct hydronuclear experiments at this testing moratorium is tactically unwise and ment to the President of the United time. Hydronuclear experiments must substantively unnecessary at this time. I States from Hazel O’Leary, the Energy be conducted while the stockpile is safe urge you to decide not to authorize prepara- tions for these experiments in the fiscal year Secretary, she said: and reliable to acquire baseline data, 1996 budget request and also not to conduct After careful and extended debate within otherwise HN, or hydronuclear, test- these experiments under a moratorium. the executive agencies, you are to be pre- ing, as a diagnostic for stockpile prob- Mr. SMITH of New Hampshire. Mr. sented with a decision memorandum on lems, is of limited value. President, I further ask unanimous whether the United States should conduct These are the experts saying this in hydronuclear experiments at the Nevada test consent to print in the RECORD a response. site (NTS) under the moratorium on nuclear Finally: Hydronuclear tests provide memorandum for Dr. John Deutch, testing. Although the views of the Depart- chairman of the Nuclear Weapons direct experimental testing of an ment of Energy on this matter are reflected unaltered real pit. No other technique Council, from Dr. Harold Smith, staff in that decision memorandum, I want to director of the Nuclear Weapons Coun- take this opportunity to strongly urge you provides that capability. This is what cil. to decide that the U.S. should not conduct, the experts in the Clinton administra- There being no objection, the memo- nor prepare to conduct, hydronuclear experi- tion believed. They were end run by the randum was ordered to be printed in ments during the existing moratorium. Secretary of Energy on a political deci- sion, which basically said, don’t worry the RECORD, as follows: In other words, the Secretary of En- about the science, just move forward MEMORANDUM ergy is asking the President of the United States to ignore the rec- with the policy. For: Dr. John Deutch, Chairman NWC. This is outrageous. It flies in the face From: Dr. Harold Smith, Staff Director ommendations of the experts. She states further in this memo- of every single point the President has NWC. made in saying we should pass this Subject: Secretary O’Leary’s Letter to the randum to the President: President on Hydronuclear Experiments treaty. It is not technically essential to conduct Mrs. FEINSTEIN addressed the (HN). hydronuclear experiments at this time. The Chair. BACKGROUND Department of Energy has determined that The PRESIDING OFFICER. The Sen- Letter dated September 8, 1994 from Sec- the existing nuclear stockpile of the United States is safe and reliable and that technical ator from California. retary O’Leary to the President was received Mrs. FEINSTEIN. I yield 2 minutes in my office today by FAX as a bootleg copy means other than hydronuclear testing can from Los Alamos National Laboratory—cop- maintain the stockpile in this robust condi- to the distinguished Senator from ies were not distributed to OSD, DoD, JS, tion for the near term. Georgia. NSC or the Deputies. She concludes in the memo to the The PRESIDING OFFICER. The Sen- Letter clearly circumvents the established President: ator from Georgia. IWG process being pursued through the NSC. Mr. CLELAND. Mr. President, I have As a member of your cabinet with respon- THE O’LEARY LETTER (SENT AS AN sibility, with others, for carrying out your a strong sense of deja vu today. ATTACHMENT) nonproliferation and national security agen- On September 22, 1963, the Senate, on Section I. da, I believe strongly that a decision to con- a bipartisan basis, ratified the Limited ‘‘. . . strongly urge you to . . . not con- duct, or to prepare to conduct, hydronuclear Test Ban Treaty by a vote of 80–19. I duct, or prepare to conduct hydronuclear ex- experiments under a nuclear testing morato- was present in the Chamber, in the gal- periments during the existing morato- rium is technically unwise and substantively lery, as a young 21-year-old student ob- rium’’—circumvents the IWG Deputies forum unnecessary at this time. I urge you to de- serving my country in action and established by NSC to decide this issue in an cide not to authorize preparations for these studying government and politics. I Interagency process experiments in the fiscal year 1996 .... was very proud of the Senate on that Section II. That is a very interesting memo- day. ‘‘. . . not technically essential to conduct randum from the Secretary of Energy I was very proud of President Ken- hydronuclear experiments at this time’’— to the President of the United States. nedy when, on October 7, 1963, he HNs must be conducted while the stockpile Now let us hear what the experts had signed the instruments of ratification is safe and reliable to acquire baseline data, to say. This is very interesting. In a of the Limited Test Ban Treaty in the otherwise HN as a diagnostic for stockpile memorandum from Dr. Harold Smith treaty room at the White House. problems is of limited value to John Deutch, Nuclear Weapons Today I am saddened. I am saddened ‘‘. . . technical means other than hydronuclear testing can maintain the Council: Background, letter dated Sep- by our rush to judgment. I am sad- stockpile in this robust condition for the tember 8 from Secretary O’Leary to dened that our Nation may see a rejec- near term’’—HNs provide direct experi- the President was received in my office tion by this Senate of the first real mental testing of an unaltered (real) pit—no today by fax as a bootleg copy from the treaty in terms of arms limitation in 70 other technique provides this capability Los Alamos National Laboratory. Cop- years. ‘‘. . . the JASON group . . . opposed these ies not distributed to OSD, DOD, Joint We are in the strongest military pos- experiments.’’—The JASON’s draft report in- Staff, NSC or the Deputies, not distrib- ture I think we have been in as a na- dicated that HN experiments have limited uted and not copied. tion. As such, we are certainly more se- technical value, but their assessment was lacking in scope and depth—the JASONs re- Then the subject, and it begins to cure today than when John F. Kennedy ceived one briefing and asked no questions in analyze the O’Leary memo. Let me sought ratification of the Limited Test developing their position—NRDC white paper quote a couple of items. In the memo Ban Treaty in 1963, certainly more se- was the basis for their conclusions from O’Leary to the President, she cure than when President Ronald ‘‘. . . could undermine the CTBT negotia- says: Strongly urge you to not conduct Reagan sought approval of the Inter- tions . . .’’— speculative or prepare to conduct hydronuclear ex- mediate Nuclear Forces Treaty in 1988, ‘‘A request for funding in FY 1996 . . . dif- periments. They say: This circumvents and certainly more secure than when ficult to defend to the Congress . . .’’—abil- the IWG deputies forum established by President Bush submitted the START I ity to justify funding for HNs with Congress should be based on the need to maintain a the NSC to decide this issue in an treaty for Senate ratification in 1992. safe and reliable stockpile interagency process. Of all the nations in the world, we have ‘‘As a member of your cabinet with respon- The PRESIDING OFFICER. The Sen- the most to gain from slowing the de- sibility with others for carrying out your ator’s 4 minutes have expired. velopment of more capable weapons by nonproliferation and national security agen- Mr. HELMS. One more minute. others and the spread of nuclear weap- da’’—the national security agenda should in- Mr. SMITH of New Hampshire. I ask ons to additional countries. clude Stockpile Stewardship that includes unanimous consent for 1 additional The treaty cannot enter into force the ability to conduct a meaningful experi- minute. unless and until all 44 nuclear-capable mental program The PRESIDING OFFICER. The Sen- states, including China, India, Iran, AE opinion—HNs will provide unique data to be combined with other experimental and ator has been yielded 1 additional North Korea, and Pakistan, have rati- analytical data to significantly improve con- minute. fied it. Should any one of these nations fidence in the safety and reliability of the Mr. SMITH of New Hampshire. The refuse to accept the treaty and its con- stockpile second point in the O’Leary memo ditions, all bets are off. Finally, even if

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12526 CONGRESSIONAL RECORD — SENATE October 13, 1999 all the required countries ratify, we ty prohibits ‘‘any nuclear weapon test ate approved the CTBT today, it would will still have the right to unilaterally explosion or any other nuclear explo- be years before the treaty took effect. withdraw from the treaty if we deter- sion.’’ I understand that the U.S. Gov- And by then, decisions would have been mine that our supreme national inter- ernment does not view that prohibition made affecting the future of our nu- ests have been jeopardized. as applying to the use of nuclear weap- clear deterrent that may be irrev- President Kennedy said, when he ons. ocable. signed our first real nuclear test ban The President’s 1997 transmittal mes- The second reason I intend to vote treaty: In the first two decades, the age sage to the Senate included an article- against advice and consent is that I am of nuclear energy has been full of fear, by-article analysis of the treaty. This convinced that the treaty cannot yet never empty of hope. Today the analysis explains that the U.S. position achieve the goals its proponents have fear is a little less and the hope a little in the negotiations was that ‘‘under- described: to prevent the nuclear pow- greater. takings relating to the use of nuclear ers from developing new nuclear weap- Mr. President, it is my hope that at weapons were totally beyond the ons and to stop the proliferation of nu- the end of today’s work, this Senate scope’’ of the CTBT. The analysis does clear weapons. can say the same. not make clear whether all other sig- While I cannot go into classified de- I thank the Chair. natories agreed with the U.S. view or tails, as my colleagues are aware, the Mr. HELMS. Mr. President, I yield 4 whether they acquiesced in it or did Washington Post recently reported minutes to the distinguished Senator something else. It is unfortunate that that Russia continues to conduct what from Alabama. the CTBT text does not incorporate the may be low-yield nuclear tests at its The PRESIDING OFFICER. The Sen- U.S. understanding. We are asked to Arctic test site. Russia reportedly is ator from Alabama is recognized for 4 give our advice and consent to that undertaking this action in order to de- minutes. text and only that text. velop a new low-yield weapon that will Mr. SHELBY. Mr. President, I rise in Article 15 of the treaty bars reserva- be the linchpin of a new military doc- opposition to the Resolution of Advice tions, even one clarifying the meaning trine. These Russian activities are of and Consent to the Ratification of the of Article I. Because the U.S. under- particular concern. There is evidence, Comprehensive Test Ban Treaty. standing of the scope of the prohibition including public statements from the Last Thursday, I testified before the on other nuclear explosions cannot be Russian First Deputy Minister of Senate Committee on Foreign Rela- incorporated in a reservation to the Atomic Energy, Viktor Mikhailov, that tions, in my capacity as chairman of treaty, the U.S. position may be sub- Russia intends to continue to conduct the Select Committee on Intelligence, ject to challenge as a matter of law. low-yield hydro-nuclear tests—that is, to present my views on the ability of After all, one normally looks at negoti- nuclear tests—and does not believe the Intelligence Community to mon- ating history only if the treaty text is that these are prohibited by the treaty. itor compliance with the CTBT. Today, unclear. I hope the administration will With respect to proliferation, Acting I would like to make certain general address this issue to my satisfaction. Undersecretary of State John Holum In the meantime, along with many observations, in addition to addressing has stated that, with the CTBT in ef- other concerns about this treaty, I issues involving CTBT monitoring and fect, it will be ‘‘very difficult for new question the wisdom of negotiating an verification. By the way: monitoring countries to develop nuclear weapons.’’ agreement that relegates our right of and verification are different. Moni- Yet, Director of Central Intelligence toring is objective. Verification is sub- self-defense to the fine print. I would also draw the attention of George Tenet has stated that jective; it involves determining the sig- Senators to the language of the pre- ‘‘[n]uclear testing is not required for nificance of information obtained amble to the CTBT. The administra- the acquisition of a basic nuclear weap- through monitoring. tion points to the preamble for support ons capability . . . [and] is not critical First, as a general matter, I believe for its narrow reading of the open- for a first-generation weapon.’’ North that the treaty will serve as a stalking ended language of Article I. The ad- Korea, Iraq, and Iran are seeking this horse for denuclearization. I do not ac- ministration notes, correctly, that the kind of weapon. cuse all of the treaty’s supporters of preamble does not refer to the ‘‘use’’ of Third, it is my considered judgment, seeking that goal. Yet, a test ban nuclear weapons. In the administra- as Chairman of the Intelligence Com- agreement whose first operative sen- tion’s view, the treaty therefore cannot mittee, that it is impossible to monitor tence appears on its face to outlaw the be read to apply to the use of nuclear compliance with this treaty with the explosion of nuclear weapons, even in a weapons. Yet, a close reading of the confidence that the Senate should de- war of self-defense, surely raises pro- preamble raises more questions than it mand—I repeat, demand—before pro- found questions about the long-term answers over the ultimate purpose of viding its advice and consent to ratifi- viability of any nuclear deterrent. the CTBT. I hope everybody shares my cation. I fear that the treaty will both un- abhorrence of nuclear weapons. But Simply put, I am not confident that dermine and delegitimize our nuclear merely wishing to put the nuclear we can now, or, in the foreseeable fu- deterrent. When I say ‘‘undermine,’’ I genie back in the bottle will not ac- ture will be able to, detect any and all refer to the effect of ratification of, complish that goal. nuclear explosions prohibited under the and adherence to, this treaty on the The one certainty about the CTBT is treaty. weapons in our nuclear stockpile. that, if ratified, the United States will I have a great degree of confidence in Senators KYL, WARNER, and others obey it to the letter. Other countries’ our ability to monitor higher yield ex- have ably addressed this issue in the record of deception and denial with re- plosions at known test sites. I have course of the debate. I will not belabor spect to nuclear testing is such that we markedly less confidence in our capa- it further, other than to cite, as others cannot have the same confidence. And, bilities to monitor lower yield and/or have, the conclusion of former Secre- in the world of the blind, the one-eyed evasively conducted tests, including taries of Defense Rumsfeld, Cheney, is king. tests that may enable states to develop Schlesinger, Weinberger, Laird, and I have supported well-negotiated, new nuclear weapons or improve exist- Carlucci. These highly regarded public well-considered reductions in our nu- ing weapons. servants have determined that ‘‘over clear forces. But it is a fact that the I should also repeat in this context the decades ahead, confidence in the American nuclear deterrent has served North Korea, Iran, and Iraq can de- reliability of our nuclear weapons our Nation well and has served the velop and deploy nuclear weapons with- stockpile would inevitably decline, world well. The United States, under out any nuclear tests at all. thereby reducing the credibility of Democratic and Republican adminis- With respect to monitoring, in July America’s nuclear deterrent.’’ This trations, backed by a strong and cred- 1997, the intelligence community alone is reason for the Senate to with- ible nuclear deterrent, faced down the issued a National Intelligence Esti- hold its advice and consent to the trea- Soviet threat and served as a force for mate entitled ‘‘Monitoring the Com- ty. peace and stability around the world. prehensive Test Ban Treaty Over the With respect to delegitimizing our Therefore, Mr. President, I would not Next 10 years.’’ While I cannot go into nuclear deterrent, Article I of the trea- start down this path. Even if the Sen- classified details, I can say that the

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12527 NIE was not encouraging about our delay and deception. For example, U.S. The history of cold war arms control ability to monitor compliance with the negotiators originally sought an ‘‘auto- agreements is instructive. In 1972, the treaty—nor about the likely utility of matic green light’’ for on-site inspec- United States signed the Interim the treaty in preventing countries like tions. Yet, because of the opposition of Agreement on the Limitation of Stra- North Korea, Iran, and Iraq from devel- the People’s Republic of China, the re- tegic Offensive Arms, generally known oping and fielding nuclear weapons. gime that was adopted allows inspec- as SALT I, together with the SALT I The NIE identified numerous chal- tions only with the approval of 30 of Anti-Ballistic Missile treaty. lenges, difficulties, and credible eva- the 51 countries on the Executive Com- On May 9, 1972, Ambassador Gerard sion scenarios that affect the intel- mittee. Proponents of ratification, es- Smith unilaterally declared that ‘‘[i]f ligence community’s confidence in its pecially, will appreciate the difficulty an agreement providing for more com- ability to monitor compliance. of rounding up the votes for such a plete strategic offensive arms limita- Because the details are classified, super-majority. tions were not achieved within five and because of the inherent difficulty I am troubled by the fact that if the years, U.S. supreme interests could be of summarizing a highly technical United States requested an inspection, jeopardized.’’ He continued, ‘‘Should analysis covering a number of different no U.S. inspectors could participate in that occur, it would constitute a basis countries and a multitude of variables, that inspection, and we could send an for withdrawal from the ABM Treaty.’’ I recommend that Members review this observer only if the inspected party ap- In fact, no such agreement was document with the following caution: I proved. I am also disturbed by the reached in five years or in ten years or believe that newly acquired informa- right of the inspected party to declare in 15 years. Not until 1991, almost 20 tion and other developments require a areas up to fifty square kilometers off- years after SALT I, when START I was reevaluation of the 1997 estimate’s as- limits to inspection or to impose se- signed, did the United States and the sumptions and underlying analysis on vere restrictions on inspectors in those Soviet Union reach such an agreement. certain key issues. I believe such a new areas. At no point did the United States in- analysis will increase concern about I understand that these provisions voke the Supreme Interest clause to monitoring the CTBT. A preliminary mirror limitations sought by Saddam withdraw from the ABM Treaty. summary of the Intelligence commu- Hussein on UNSCOM inspectors. This It is difficult to imagine the cir- nity’s revised judgment was provided leads me to believe that OSI stands for cumstances in which an administration to the committee late last Friday. This ‘‘Option Selected by Iraq.’’ Even if in- would withdraw from the CTBT. document, along with the NIE and the spectors do eventually get near the In closing, Mr. President, I believe transcript from last week’s hearing is scene of a suspicious event, the evi- that there are many reasons to oppose available to Members in S–407. dence—which is highly perishable— this treaty. The effect on our nuclear Proponents of the treaty argue, in es- may well have vanished. stockpile, the inability of the treaty to sence, that we will miss no test of stra- The recently-reported activity at achieve its goals, and our inability to tegic significance. Despite the U.S. in- Russia’s Arctic test site raises ques- monitor compliance are each sufficient ability to monitor compliance at any tions both as to our monitoring capa- reason to withhold advice and consent test level, proponents place their faith bilities and Russian intentions under to ratification. in multilateral monitoring aids pro- the CTBT. The Washington Post re- Mrs. FEINSTEIN. Mr. President, I vided under the treaty: the Inter- ported that Russia continues to con- yield myself 3 minutes. Mr. President, national Monitoring System, a multi- duct possible low-yield nuclear tests at I rise today to express my support for national seismic, infra-sound, hydro- its Arctic test site. The Washington the Comprehensive Nuclear Test Ban acoustic, and radio-nucleide detection Post also reported that the CIA cannot Treaty. Unfortunately, the vote out- system; and the CTBT’s on-site inspec- monitor such tests with enough preci- come today looks to be a tragedy of tion regime. sion to determine whether they are nu- major proportions. It will leave the Based on a review of the structure, clear or conventional explosions. world a far less safe place and means likely capabilities, and procedures of Mr. President, I have tried to convey the United States relinquishes its im- these multilateral mechanisms, which some serious concerns about the prac- perative as a leader in nuclear non- will not be operational for a number of ticality of this treaty, and that is ex- proliferation. I would like to take a few years, and based on the intelligence tremely difficult to do in an unclassi- minutes to explain why I support this community’s own analysis, I believe fied forum and in such a short time. treaty, and to address some of the ar- that these mechanisms will be of little I urge my colleagues, as they con- guments presented by those who are value. For example, the IMS will be sider their position on this treaty, to opposed to this Treaty. technically inadequate to monitor the immerse themselves in the details. For I support the Comprehensive Test most likely forms of noncompliance. further information on treaty moni- Ban Treaty because I believe it The IMS seismic system was not de- toring and the reported activities at strengthens the U.S. ability to play a signed to detect ‘‘evasively’’ conducted the Russian test site, I urge Members leadership role in global nuclear non- tests. These are precisely the kind of to review the materials available in S– proliferation. The treaty is a key ele- tests Iraq or North Korea are likely to 407. ment of the global non-proliferation re- conduct. In closing, Mr. President, I would gime, and if the U.S. fails to ratify the In addition, the IMS suffers from like to make some general points. CTBT, it sends a clear message around having been designed with diplomatic First, I believe that, when foreign the world that the development and sensitivities rather than effective mon- and national security policies come be- possession of nuclear weapons are ac- itoring in mind. Under the so-called fore the Senate, we must put the Na- ceptable. As former U.S. Ambassador ‘‘non-discriminatory’’ framework, no tion’s interests first. to India Frank Wisner expressed in a country will be singled out for atten- Second, while arms control agree- letter earlier this year, if the U.S. tion. All countries—Iraq and Ireland, ments may be useful to the extent they walks away from the CTBT ‘‘I do not North Korea and Norway—will receive advance our national interests, they want to contemplate treaty failure the same level of verification. are not a substitute for sound policy. here followed by a breakdown with Lastly, it will be 8 to 10 years before Good agreements are an instrument of India and Pakistan and the effect these the system is complete. good policy. Bad agreements, pursued moves will have on rogue states like Because of these shortcomings, and for agreement’s sake, do not serve our Iraq, Libya, Iran and North Korea.’’ for other technical reasons, I am afraid Nation’s interests. Second, the CTBT will constrain the that the IMS is likely to muddy the Lastly, some of my colleagues have development of nuclear capabilities by waters by injecting questionable data held out the option of withdrawal from rogue states, as well as the develop- into what will inevitably be highly the treaty, should it be ratified yet ment of more advanced weapons by de- charged debates over possible viola- somehow fail to lead to the Golden Age clared nuclear states. Any significant tions. that proponents envision. nuclear program requires extensive With respect to OSI, I believe that Let me be clear. If this treaty is rati- testing, and while a rogue state might the onsite inspection regime invites fied, there will be no turning back. develop a primitive first generation

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12528 CONGRESSIONAL RECORD — SENATE October 13, 1999 weapon without testing, that testing low-yield tests—those tests less than the President’s safeguards package in- would not be adequate to develop a so- one kiloton in size. But it is undeniable corporated in the Democratic Amend- phisticated weapon. And, because new that the additional seismic monitors, ment, the U.S. will maintain the pre- types of weapons also require testing, including a system that will be well- rogative to pull out of the CTBT and the CTBT will also curb the ability of calibrated to pick up tests smaller conduct tests or take whatever meas- states which already possess nuclear than one kiloton (in areas of interest) ures are necessary to maintain stock- weapons from developing more ad- and the treaty’s on-site verification pile integrity. In other words, our very vanced designs. As John Holum, Acting provisions, will increase our current ability to maintain stockpile safety is Undersecretary of State and the former verification capabilities. As the state- a condition of U.S. participation in the Director of the Arms Control and Dis- ment of the American Geophysical CTBT. armament Agency, has noted, the Union and the Seismological Society of Third, questions have been raised as United States does not need tests; America asserts, the CTBT will add to whether the U.S. needs to continue proliferators need tests. significant capabilities to what we can to test to maintain the ability to im- Third, the CTBT will improve the now detect, and the increased likeli- prove our nuclear arsenal to face the U.S. ability to detect and deter nuclear hood of detection will serve as a real security challenges that lie ahead. tests. The American Geophysical Union deterrent to any state contemplating a While the CTBT might constrain our and the Seismological Society of test. ability to develop whole new classes of America, in a joint statement issued on In addition, as physicist and arms weapons, the CTBT does allow us to October 6, found that when the Inter- control expert Sidney Drell has noted, make modifications to our weapons, in- national Monitoring System—with ‘‘very low yield tests are of question- cluding casings, detonators, batteries, over 300 seismic, hydroacoustic, able value in designing new nuclear and arming systems. In a letter to infrasound, and radionuclide moni- weapons or confirming that a new de- President Clinton, Dr. Hans A. Bethe, toring stations—is in operation, no na- sign will work as intended.’’ In other head of the Manhattan Project’s theo- tion will be able to elude them, even words, even if the CTBT is not 100% retical division and professor of physics with a small-yield test. verifiable for small-yield tests, tests of emeritus at Cornell University, states And, finally, the CTBT will make the this size are only of a limited utility to world a safer place and safeguard U.S. that ‘‘If any component shows signs of a state seeking to develop nuclear national security interests. The treaty deterioration it will be refabricated. If weapons. constrains the development of nuclear the fuel itself is degrading, it will be Second, questions have been raised refreshed.’’ weapons by other states. That is good. about the adequacy of the Science It provides the United States with ad- Parts that wear out can be replaced, Based Stockpile Stewardship Program ditional means to detect nuclear ac- and modifications can be made that to maintain the reliability and integ- tivities of other countries. It provides will improve the capabilities of our nu- rity of U.S. weapons systems. the United States with means and le- clear arsenal. Thus, for example, in Simply put, according to General 1996 a B–61–7 nuclear bomb was modi- verage to act if we discover that other Shalikashvili in testimony before Con- states are, in violation of the treaty, fied to a B–61–Mod V earth penetrating gress, ‘‘our warheads, having been ade- weapon by hardening the outer casing. developing nuclear weapons. And, given quately tested in the past, continue to the size and sophistication of the U.S. Unlike the B–61–7, the B–61–Mod V has be safe and reliable.’’ With the Stock- nuclear arsenal—second to none in additional capability to penetrate pile Stewardship Program, further nu- every respect—it preserves U.S. nu- hardened targets. clear testing is not necessary to main- clear superiority and our deterrent ca- In other words, the CTBT, while ef- tain the safety and reliability of the pability. It will help make the world a fectively preventing other states from U.S. arsenal. The U.S. has conducted safer place. It is in the national inter- developing nuclear weapons, will still over 1,000 nuclear tests. We have a high est. allow the United States to modify its The Joint Chiefs believe that this level of knowledge and sophistication arsenal to meet the challenges that we Treaty safeguards U.S. interests. and sufficient data to maintain the may face in the years ahead. Former Chiefs, including Generals safety and reliability of our weapons. Finally, there is the argument that Colin Powell, John Shalikashvili, The U.S. does not need to conduct fur- under the CTBT other states—espe- David Jones, and Admiral Crowe all en- ther nuclear tests—it is other states cially such states as North Korea or dorse the treaty. Presidents of both that need to test if they seek to de- Iran—will do what they want while our parties, from Eisenhower and Kennedy velop nuclear programs, and it is pre- hands will be tied. to President Clinton have worked for a cisely tests by other states that the In the final analysis some states will ban on nuclear test explosions. The CTBT will constrain or prevent. do what they want in violation of the NATO alliance has endorsed the Trea- In fact, because the U.S. does not norm established by the international ty. And other leading U.S. military and need to continue to test, in 1992 Presi- community anyway. In other words, diplomatic figures—including Paul dent Bush signed into law legislation they will seek to develop nuclear weap- Nitze, Admiral Turner, Admiral that established a moratorium on U.S. ons whether or not the CTBT is in Zumwalt—all support this treaty and testing, and we have not tested a weap- force. believe that it makes the U.S. more se- on in six years. The real question, then, is if the cure in the world, not less. Each year the heads of Los Alamos, CTBT will make it easier or more dif- Let me now address several of the ar- Sandia, and Lawrence Livermore have ficult for these states to develop nu- guments that have been raised by oppo- certified that the U.S. stockpile is safe clear weapons. nents of this treaty: That it is not and reliable. There is every indication For example, with or without the verifiable; that it will compromise the that, aided by sophisticated computer CTBT the U.S. will face problems reliability and integrity of the U.S. nu- modeling and other stockpile steward- verifying small-yield tests. And the clear arsenal; that the U.S. needs to ship initiatives, they will be able to fact of the matter is that without the maintain the ability to improve our continue to make these certifications. CTBT, relying only on national intel- nuclear arsenal and that we can only In fact, in a February 2, 1998 statement, ligence means, we will have greater dif- do so with additional tests; and that the three lab heads stated that ‘‘We are ficulty in detecting any tests and less others, such as North Korea and Iran, confident that the Stockpile Steward- leverage to do anything about it if we will develop nuclear weapons under the ship program will enable us to main- do. CTBT while our hands are tied. tain America’s nuclear deterrent with- Again, to quote General First, several opponents of this trea- out nuclear testing.’’ Shalikashvili, ty have commented that it is impos- Critically—and this point should not be overlooked or ignored by opponents On the issue of verification we have con- sible for the CTBT to offer a 100% fool- cluded that a Comprehensive Test Ban Trea- proof means of detecting low-yield of the treaty—if at any point the ty will actually put us in a better position to tests. United States finds that it can not con- obtain effective verification than we would It is true that the CTBT will not pro- tinue to certify the safety and reli- have without the Treaty. The Treaty does vide the means for 100% verification of ability of our nuclear weapons, under not provide ‘‘perfect verification,’’ but that

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12529 level of verification that would allow us to Senate will reject this treaty because Although these arguments have al- detect, to identify and to attribute that level it harms America’s nuclear deterrent ready been made in depth here on the of testing that could undercut our nuclear and because it does nothing meaningful floor, they bear reinforcement as Sen- deterrent. to ensure that the spread of nuclear ators prepare to cast their votes. The CTBT may thus deter some from weapons is halted. Regardless of the First, the CTBT threatens the Na- going forward with nuclear develop- outcome of the CTBT vote, the world tion’s nuclear deterrent—the very ments entirely—India and Pakistan should know that this Senate remains backbone of America’s security for the have indicated that they would adhere committed to preventing the spread of past 50 years. To have an effective nu- to a test ban, for example—and for nuclear weapons, and that we will con- clear deterrent, we must have absolute those it will not deter, it will make the tinue to support the strongest possible confidence in the safety and reliability development of nuclear weapons that actions against proliferant states. of our nuclear weapons. This requires much more difficult, and perhaps im- Nor should the rest of the world mis- periodic nuclear tests to ensure that possible. interpret another aspect of the Sen- we understand, for example, the effects I do not believe the CTBT, or any ate’s rejection of the CTBT. The main of aging on our weapons and the best treaty for that matter, can prevent a message of the Senate’s action today is way to mitigate those effects. Again, determined state from doing what the that our constitutional democracy, as with the maintenance of any com- treaty forbids. But that is neither the with its cherished checks and balances, plex weapon, we must be able to test, right nor the fair standard to measure is alive and well. Through the wisdom to detect technical or safety problems the treaty against. One cannot let the of our Founding Fathers, the Constitu- that arise in our nuclear stockpile. perfect be the enemy of the good. tion makes the treaty-making power a The administration’s Stockpile Stew- The bottom line is that by any meas- shared power. The Senate, through its ardship Program may well help the ure the CTBT will make the develop- obligation to provide advice and con- United States to better understand our ment of nuclear weapons by other sent to treaties, acts as the ‘‘quality nuclear arsenal, but it is unproven, it states more difficult, will add to the control mechanism’’ to ensure that the may never be an adequate substitute U.S. ability to detect tests, and will en- President does not bind the Nation to for actual tests, and it is already be- hance U.S. national security by pre- an international commitment that is hind schedule. A week’s worth of expert testimony venting the spread of nuclear weapons not in its best interests. Before the bears this out. As C. Paul Robinson, while assuring that the U.S. maintains United States is bound by the terms of the current Director of Sandia Na- a strong and capable nuclear deterrent an international agreement such as the tional Laboratory, testified before the second to none. And we also know that CTBT, the President and the Senate Armed Services Committee last week: failure of the U.S. to ratify the CTBT must both agree to its terms. In reject- I and others who are, or have been, respon- will have disastrous repercussion. ing the CTBT, the Senate is sending an sible for the safety and reliability of the U.S. The United States has led the inter- explicit message that the United stockpile of nuclear weapons have testified national effort to keep the nuclear States does not have an international to this obvious conclusion [that testing is genie in the bottle for the past five dec- legal obligation to adhere to the provi- the preferred methodology] many times in ades. As we prepare to enter a new cen- sions of the treaty. If the President the past. To forego that validation through tury we should not now uncork that were to determine that the United testing is, in short, to live with uncertainty. bottle, and make our legacy to the States must conduct tests to ensure Second, the CTBT will not contribute twenty-first century the unleashing of the safety or reliability of our nuclear to the cause of nonproliferation. Coun- a global nuclear weapons race. arsenal, the United States would be en- tries will make decisions about wheth- Although I do not believe that this is titled to do so. er to pursue nuclear weapons based on the appropriate time for this Senate to Perhaps most importantly, the Sen- hard-headed calculations of their secu- vote on this treaty, I urge my col- ate’s rejection of the CTBT will send a rity interests. This fact has been dem- leagues to support ratification of the clear message that the United States onstrated time and again. The exist- CTBT. will not sign up to flawed treaties that ence of an ‘‘international norm’’ Mr. HELMS. Mr. President, I yield 2 are not in the nation’s interest. And against the pursuit of nuclear weapons, minutes to the Senator from Arizona. the men and women who represent the created by the 1968 Nuclear Non-Pro- Mr. KYL. Mr. President, I rise today United States in international negotia- liferation Treaty (NPT), has not to explain why I intend to vote against tions will know that when they stand stopped a number of states, including the Comprehensive Test Ban Treaty up to negotiating partners in order to Iran, Iraq, and North Korea from at- (CTBT). I think that the words of protect America’s interests in future tempting to develop nuclear weapons. President Ronald Reagan serve as the treaty negotiations, the Senate will Furthermore, the United States has most appropriate and powerful way to not only support them, it will expect not tested in 8 years, yet in that same begin this discussion. President Reagan them to forcefully advocate a position timeframe, five other nations have frequently reminded us, ‘‘We must al- that protects those interests. tested. ways remain strong, so that we will al- Supporters of the CTBT would have Third, the CTBT is unverifiable, ways be free.’’ The first question we the American people believe that to meaning that states who choose to vio- late the CTBT may never be caught, must ask ourselves as we consider this cast a vote against the treaty is merely and it is unenforceable, meaning that vote is whether the CTBT jeopardizes a political act designed to embarrass violators who are caught will likely go the strength that the American people the President. I do not see how anyone unpunished. As the October 3 Wash- have relied upon for 50 years to ensure who has actually watched the Senate’s ington Post pointed out, a recent as- that this Nation remains free and at careful deliberations—both in its com- sessment by the Central Intelligence peace. Unfortunately, after careful mittees and the floor—in recent weeks Agency concluded that the CIA ‘‘can- consideration, I have concluded that can honestly reach such a conclusion. I not monitor low-level tests by Russia the CTBT does jeopardize our strength think that what the Senate had done precisely enough to ensure compliance by causing real harm to the very back- through its thorough hearings and with the CTBT.’’ bone of America’s security—its safe, floor debate is to demonstrate beyond And as C. Paul Robinson, the Direc- reliable, and credible, nuclear deter- any reasonable doubt that this treaty tor of Sandia National Laboratory, rent. faces certain defeat because of the sub- said in testimony before the Armed Some of my colleagues have argued stantive arguments against it that Services Committee on October 7: that the Senate should postpone final have been persuasively been presented . . . [c]ompliance with a strict zero-yield action on the CTBT, that defeating the to this body. The inescapable fact requirement is unverifiable. The limitations treaty today sends the wrong message about the CTBT is that it is a fatally of verifiability introduce the possibility of to the world, that somehow the Senate flawed treaty—it jeopardizes this Na- inconsistent observance of the ban under the would be signaling to rogue states and tion’s nuclear deterrent, it will not threshold of detectability. others that the United States thinks it contribute to the cause of nonprolifera- Speaking to the issue of lack of en- is acceptable to develop nuclear weap- tion, and it is unverifiable and unen- forceability, our colleague RICHARD ons. I could not disagree more. The forceable. LUGAR recently noted:

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12530 CONGRESSIONAL RECORD — SENATE October 13, 1999 This treaty simply has no teeth .... The whether, on the contrary, this may not work I am not persuaded that the proposed trea- CTBT’s answer to illegal nuclear testing is to the advantage of nations seeking to close ty would inhibit nuclear proliferation. Re- the possible implementation of sanctions. It this gap. After all, victory in the Cold War straint by the major powers has never been a is clear that this will not prove particularly was achieved in part because we kept in- significant factor in the decisions of other compelling in the decisionmaking processes creasing, and not freezing, our technological nuclear aspirants, which are driven by local of foreign states intent on building nuclear edge. rivalries and security needs. Nor is the be- weapons. For those countries seeking nu- NUCLEAR STOCKPILE havior of the rogue states such as Iraq, Iran, clear weapons, the perceived benefits in I am not a technical expert on such issues or North Korea likely to be affected by this international stature and deterrence gen- as proof testing, aging of nuclear material, treaty. They either will not sign or, if they erally far outweigh the concern about sanc- and reworking existing warheads. But I find sign, will cheat. And countries relying on tions that could be brought to bear by the it impossible to ignore the concern about the our nuclear umbrella might be induced by international community. treaty expressed by six former Secretaries of declining confidence in our arsenal—and the Mr. President, for all the reasons my Defense and several former CIA Directors general impression of denuclearization—to colleagues and I have cited throughout and National Security Advisers. I am aware accelerate their own efforts. that experts from the weapons laboratories For all these reasons, I cannot recommend this debate, I believe the only prudent a vote for a comprehensive test ban of unlim- course is for the Senate to demonstrate have argued that there are ingenious ways to mitigate these concerns. On the other hand, ited duration. strength and good sense worthy of Ron- there is a difference between the opinion of Mr. COVERDELL. Will the Senator ald Reagan by rejecting this flawed experts from laboratories and policymakers’ yield? CTBT. confidence in the reliability of these weap- Mr. KYL. Yes. Mr. President, I ask unanimous con- ons as our existing stockpile ages. When na- Mr. COVERDELL. Mr. President, I sent to have printed in the RECORD a tional security is involved, one should not think this is a most important letter, letter from Dr. Henry Kissinger to the proceed in the face of such doubts. but the date makes it unique. chairman of the Foreign Relations SANCTIONS Mr. KYL. The date of the letter is Committee. Another fundamental problem is the weak- today, October 13, 1999, on the eve of There being no objection, the letter ness of the enforcement mechanism. In the- our vote. was ordered to be printed in the ory, we have a right to abrogate the treaty Mr. President, let me conclude by when the ‘‘supreme national survival’’ is in- RECORD, as follows: volved. But this option is more theoretical thanking all of the people who have HENRY A. KISSINGER, than practical. In a bilateral treaty, the re- testified on both sides of this, espe- October 13, 1999. luctance to resort to abrogation is powerful cially Dr. James Schlesinger, Jim Hon. JESSE HELMS, enough; in a multilateral treaty of indefinite Woolsey, and people who came early to Chairman, Foreign Relations Committee, U.S. duration, this reluctance would be even more the Senate and helped inform those of Senate, Washington, DC. acute. It is not clear how we would respond us who were eager to learn what we DEAR MR. CHAIRMAN: As you know, I—to- to a set of violations by an individual coun- gether with former National Security Ad- needed to know about this. I am espe- try or, indeed, what response would be mean- cially grateful, as I said, to Dr. Schles- viser Brent Scowcroft and former CIA Direc- ingful or whether, say, an Iranian test could tor and Deputy Secretary of Defense John be said to threaten the supreme national sur- inger for his willingness to do that, as Deutch—had recommended in a letter dated vival. well as to testify before the committee. October 5th to Senators Lott and Daschle NON-PROLIFERATION I also thank Senator JOHN WARNER and in an op-ed in the October 6th Wash- and Senator JESSE HELMS, both of ington Post that a vote on ratification of the I am not persuaded that the proposed trea- ty would inhibit nuclear proliferation. Re- whom have spent a great deal of time Comprehensive Nuclear Test Ban Treaty be conducting extremely informative postponed to permit a further discussion and straint by the major powers has never been a clarification of the issues now too controver- significant factor in the decisions of other hearings. I also thank Senator JOE sial. This having proved unachievable, I am nuclear aspirants, which are driven by local BIDEN from Delaware, who has con- obliged to state my position. rivalries and security needs. Nor is the be- ducted himself very well on his side of As a former Secretary of State, I find the havior of rogue states such as Iraq, Iran, or the debate. prospect that a major treaty might fail to be North Korea likely to be affected by this I reserve any additional time. ratified extremely painful. But the subject of treaty. They either will not sign or, if they Mr. BIDEN. Mr. President, I yield 2 this treaty concerns the future security of sign, will cheat. And countries relying on our nuclear umbrella might be induced by minutes to the Senator from Iowa. the United States and involves risks that The PRESIDING OFFICER. The Sen- make it impossible for me to recommend declining confidence in our arsenal—and the general impression of denuclearization—to ator from Iowa. voting for the treaty as it now stands. Mr. HARKIN. Mr. President, I rise in My concerns are as follows. accelerate their own efforts. For all these reasons, I cannot recommend support of the Comprehensive Nuclear IMPORTANCE OF NUCLEAR WEAPONS a vote for a comprehensive test ban of unlim- Test Ban Treaty. For the entire postwar period, the Amer- ited duration. I strongly believe that the Com- I hope this is helpful. ican nuclear arsenal has been America’s ulti- prehensive Test Ban Treaty—or mate shield and that of our allies. Though Sincerely, we no longer face the same massive threat HENRY A. KISSINGER. CTBT—is in our nation’s national secu- that we did during the Cold War, new dan- Mr. KYL. Mr. President, I will read rity interests. But before I discuss my gers have arisen. Our nuclear arsenal is our excerpts from the letter. It is instruc- reasons for supporting the Treaty, let principal deterrent to the possible use of bio- tive that Henry Kissinger has written me first say why the Senate—even logical and chemical warfare against Amer- the following: those who are unsure of the Treaty— ica, our military, and our allies. should support the Resolution. The As a former Secretary of State, I find the VERIFICATION prospect that major treaty might fail to be past week of debate over the issue has Almost all experts agree that nuclear tests ratified extremely painful. But the subject of only underscored the arguments for its below some yield threshold remain unverifi- this treaty concerns the future security of ratification. able and that this threshold can be raised by the United States and involves risks that I have spoken before about the his- technical means. It seems to me highly dan- make it impossible for me to recommend tory of the CTBT. Let me reiterate gerous to leave such a vacuum regarding a voting for the treaty as it now stands. some of its history and why it is impor- matter fundamentally affecting the security of the United States. And the fact that this He then went on to talk about the ex- tant to Iowans. treaty is of indefinite duration compounds perts who believe the treaty to be un- On October 11, 1963, the Limited Test the problem. The CIA’s concerns about re- verifiable, and then the concerns ex- Ban Treaty entered into force after cent ambiguous activities by Russia, as re- pressed by the CIA about recent ambig- being ratified by the Senate in an over- ported in the media, illustrate difficulties uous activities with respect to Russia; whelming, bipartisan vote of 80–14 just that will only be compounded by the passage the impossibility, on his part, to ignore a few weeks earlier. This treaty paved of time. the concerns expressed by people such the way for future nuclear weapons Supporters of the treaty argue that, be- as the former Secretaries of Defense, testing agreements by prohibiting tests cause of their small yield, these tests cannot be significant and that the treaty would CIA Directors, and National Security in the atmosphere, in outer space, and therefore ‘‘lock in’’ our advantages vis-a` -vis Advisers; and the weakness of the en- underwater. This treaty was signed by other nuclear powers and aspirants. I do not forcement mechanism of the treaty. 108 countries. know how they can be so sure of this in an He concludes in the following fash- Our nation’s agreement to the Lim- age of rapidly exploding technology and ion: ited Test Ban Treaty marked the end

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12531 of our nation’s above ground testing of The CTBT is a major milestone in ing this treaty, the headline in this nuclear weapons, including those at the effort to prevent the proliferation morning’s paper ought to say it all: the U.S. test site in Nevada. We now of nuclear weapons. It would establish Army Stages Coup In Pakistan. Troops know, all too well, the terrible impact a permanent ban on all nuclear explo- Arrested Prime Minister. of exploding weapons over the Nevada sions in all environments for any pur- In part, it says: desert. Among other consequences, pose. Its ‘‘zero-yield’’ prohibition on India expressed deep concern with the gov- these tests in the 1950’s exposed mil- nuclear tests would help to halt the de- ernment’s ouster and put its army on high lions of Americans to large amounts of velopment and deployment of new nu- alert. radioactive Iodine-131, which accumu- clear weapons. The Treaty would also If nothing else, this ought to tell us lates in the thyroid gland and has been establish a far-reaching verification re- to ratify this treaty, or else we are linked to thyroid cancer. ‘‘Hot Spots,’’ gime that includes a global network of going to have more nuclear explosions where the Iodine-131 fallout was the sophisticated seismic, hydro-acoustic in South Asia. It is a powder keg wait- greatest, were identified by a National and radionuclide monitoring stations, ing to happen. We ought to ratify the Cancer Institute report as receiving 5– as well as on-site inspection of test treaty. 16 rads of Iodine-131. The ‘‘Hot Spots’’ sites to deter and detect violations. Mr. HELMS. Mr. President, I yield 2 included many areas far away from Ne- It is vital to our national security for minutes to the Senator from New Mex- vada, including New York, Massachu- the nuclear arms race to come to an ico, Mr. DOMENICI. setts and Iowa. Outside reviewers have end, and the American people recognize Mr. DOMENICI. Mr. President, as I shown that the 5–16 rad level is only an this. In a recent poll, more than 80 per- said earlier this week, I oppose this average, with many people having re- cent of voters supported the Treaty. treaty for two major reasons: (1) the ceived much higher exposure levels, es- It is heartening to know that the treaty cannot be considered apart from pecially those who were children at the American people understand the risks other major arms control agreements time. of a world with nuclear weapons. It is in to which the United States has en- To put that in perspective, federal now time for policymakers to recog- tered; and (2) Science-Based Stockpile standards for nuclear power plants re- nize this as well. There is no better Stewardship has not yet been given enough time to prove whether or not it quire that protective action be taken way to honor the hard work and dedi- for 15 rads. To further understand the will give us the assurance we need in cation of those who developed the enormity of the potential exposure, the reliability and safety of our nu- LTBT and the CTBT than for the U.S. consider this: 150 million curies of Io- clear weapons without physical test- Senate to immediately ratify the dine-131 were released by the above ing. CTBT. However, the vote by the Senate ground nuclear weapons testing in the It’s ratification is clearly in Amer- United States, about three times more today to reject this treaty was ill- ica’s and the worlds security interests. than from the Chernobyl nuclear power timed and this poor timing could have It would make the world a safer place plant disaster in the former Soviet adverse consequences in the world. No for our children and grandchildren. Its Union. need exists now for a vote; after all, It is all too clear that outlawing defeat could well trigger a major new the United States is not now testing above-ground tests were in the interest arms race in Asia—a prospect that and has no plans in the immediate fu- of our nation. I strongly believe that should send chills down the backs of us ture to do so. This has been recognized banning all nuclear tests is also in our all. by proponents and opponents of this interests. This is a view shared by The choice is clear. treaty who have asked for delay in the Mr. President, I have read through many leading Iowans. I request unani- vote. the treaty as best I could and looked at mous consent that a recent editorial I have attempted, with many others, some of the annexes and protocols from the Des Moines Register be placed during the last 2 weeks to help forge thereto. In there, there is a list of in the RECORD. some path out of the parliamentary October also marked some key steps about 317 monitoring stations that impasse in which the Senate is cur- for the Comprehensive Test Ban Treaty would be put in place if we ratify this rently involved. Nonetheless, that has or CTBT. On October 2, 1992, President treaty. Right now, I understand there not been successful. We have not found Bush signed into law the U.S. morato- are about 100. So we will have three any such path. I think that is unfortu- rium on all nuclear tests. The morato- times more monitoring stations than nate. Nonetheless, I might say treaties rium was internationalized when, just we have right now. So to those who say don’t really die, even when they are de- a few years later, on September 24, we might not be able to absolutely de- feated; they are returned to the Execu- 1996, a second step was taken—the tect every explosion over a certain tive Calendar of the Senate. Therefore, Comprehensive Test Ban Treaty, or amount, or under a certain amount, we will have another chance to debate CTBT, was opened for signature. The quite frankly, we will have a lot more the Comprehensive Test Ban Treaty in United States was the first to sign this monitoring stations by ratifying this the next Congress, or years thereafter. landmark treaty. treaty than we have right now. It may very well be that, by then, my Mr. President, President Clinton Secondly, if the explosions are so concerns about the overall strategic took a third important step in abol- small as to be undetectable, there are arms strategies and their relationship ishing nuclear weapons tests by trans- provisions in the treaty that allow for to the Comprehensive Test Ban Treaty mitting the CTBT to the United States a state to have an onsite inspection. So can be alleviated. And if the potential Senate for ratification. Unfortunately, there is a whole process it goes through for stockpile stewardship during that the Senate has yet to take the addi- so we can have an onsite inspection to decade can be realized, perhaps I will tional step of ratifying the CTBT. I am determine whether or not it was a nu- be able to vote for the treaty in the fu- hopeful that we in the Senate will rat- clear explosion. ture. ify the Treaty, and continue the mo- Lastly, the treaty does contain a su- I yield the floor. mentum toward the important goal of preme interest clause in accordance Mr. BIDEN. Mr. President, I yield 2 a world wide ban on nuclear weapons with which a state party may withdraw minutes to my friend from Minnesota. testing. from the treaty upon 6 month’s notice, The PRESIDING OFFICER. The Sen- Many believed we had conquered the et cetera, if it determines that extraor- ator from Minnesota is recognized. dangerous specter of nuclear war after dinary events related to the subject Mr. WELLSTONE. Mr. President, my the Cold War came to an end and many matter of the treaty have jeopardized father, over a half century ago, wrote former Soviet states became our allies. its supreme interest. So, at any time, if an article the day after Hiroshima, and Unfortunately, recent developments in the United States, or any other sov- he focused on the problem of a pro- South Asia remind us that we need to ereign nation, decides it is in their su- liferation of atomic bombs and nuclear be vigilant in our cooperative inter- preme interest to withdraw from the weaponry. He was worried about his national efforts to reduce the dangers treaty, they can do so by giving 6 children, and he was worried about his of nuclear weapons. This weeks coup in month’s notice. grandchildren to come. Pakistan only makes clearer the need Lastly, if anybody ever had any Today I come to the floor of the Sen- for a nuclear test ban treaty. doubt about why we ought to be ratify- ate, and I say I really was hoping this

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I will say very honestly and truth- stockpile which today is safe and cred- I’d like to read from the transcript the fully to my colleagues that I don’t un- ible, which tomorrow will be safe and exchange that occurred between the derstand why we didn’t put this vote credible—for the foreseeable next few Ranking Member and the Lab Direc- off. I don’t understand why Senators, years to come. Let there be no doubt in tors. on a procedural vote, voted to essen- anyone’s mind of that fact. But can we Senator LEVIN. What you are telling us is tially go forward with this vote today. say that that will be the case forever? that if this safeguard and the other safe- I think the defeat of this agreement is As our military examined this trea- guards are part of this process that you can an enormous step backward for human- ty, it is clear that they said we support rely on, that in your words, Dr. Robinson, kind. I think it is a profound mistake. the treaty, but only if the safeguard is you are on board in terms of this treaty; is in place which says we can get out of that correct? I think now I have to say to the peo- Dr. ROBINSON. I am on board that science- ple in Minnesota and to the people in the treaty if the President makes that based stockpile stewardship has a much our country I am saddened that this determination, and only if the Stock- higher chance of success and I will accept it treaty is going to be defeated. I don’t pile Stewardship Program—the com- as the substitute. think we should have this vote. But to puter simulations which are to replace Senator LEVIN. For what? the American people and Minnesotans, actual testing—can be put in place and Dr. Robinson. I still had other reservations about the treaty—— hold each and every Senator account- proven to ensure that our nuclear able. stockpile remains credible and safe. At this point, Dr. Robinson was cut I yield the floor. The Record before the Senate today off and was unable to finish his answer. Mr. HELMS. Mr. President, I yield 5 does not justify that support. It does In response to this line of questioning, minutes to the distinguished Senator not say that each of the components of a Senator from the minority side, said from Virginia, the Old Dominion State, the Stockpile Stewardship Program that he ‘‘detected an uneasiness on the Mr. WARNER. will be in place and will work in a way part of some of those who testified’’ The PRESIDING OFFICER (Mr. that will put our stockpile, in the fu- and expressed concern that Dr. Robin- HAGEL). The Senator from Virginia. ture, in the same category that it is in son’s response that he had other con- Mr. WARNER. Mr. President, I thank today. We do not know. There is a rea- cerns with the treaty was ‘‘blurred’’. the distinguished chairman. I thank sonable doubt. We simply do not know. Senator LEVIN then asked Dr. Tarter, the distinguished ranking member. For that reason, regrettably, I shall Director of Lawrence Livermore Labs, This has been, under the limitations, have to vote—that vote occurs short- to respond to the same question, Dr. an excellent debate for the Senate. ly—against this treaty. Tarter responded: This is my 21st year in the Senate, and But I say that honest individuals A simple statement again: It is an excel- I can think of few debates in that time have done their very best in this Sen- lent bet, but it is not a sure thing. Senator LEVIN. My question is, are you on that have been as informed as this one. ate, and I thank all those beyond the board, given these safeguards? I strongly disagree with a very dear Senate who have made very valuable Dr. TARTER. I can only testify to the abil- friend, Brent Scowcroft, who described contributions to this debate. ity of stockpile stewardship to do the job. It this debate otherwise. While not a I shall put in the RECORD, by unani- is your job about the treaty. Member of the Senate, he is one whom mous consent, further documentation Senator LEVIN. Are you able to say that, I respect. His remarks were reported on the laboratory directors. Of all the providing you can rely on safeguard F and at testimony that came before the Armed some point decide that you cannot certify it, widely in the newspapers this morning. that you are willing under that condition to This has been a good debate. Sen- Services Committee, the testimony of rely on this stewardship program as a sub- ators on both sides have stood up and the lab directors was the most compel- stitute for actual testing? displayed courage. Our two leaders, ling. And indeed, that of the intel- Dr. TARTER. Yes. Senator LOTT and Senator DASCHLE, ligence community, which, in a sense, Dr. Tarter never said that he was ‘‘on have displayed the courage of their asked for more time to do the work board with the treaty.’’ In fact, he at- convictions. In the many consultations they thought necessary in assessing tempted to avoid directly answering over the past week that I have had our ability to monitor this treaty. And Senator LEVIN’s question. Clearly, Dr. with the distinguished chairman and many former Secretaries of Defense Tarter was uncomfortable with this ranking member, and our leadership, I had an honest difference of opinion. line of questioning. It was only after have always left with the belief that As Senator KYL, who has worked so Senator LEVIN significantly modified they placed the security interests of hard on this treaty and probably knows the question by adding certain quali- this country foremost, as each day de- it better than anyone else, has said fications that Dr. Tarter finally re- cisions had to be made regarding this clearly—Secretary Kissinger, one of sponded affirmatively. treaty. several Secretaries of State who have Senator LEVIN asked Dr. Browne I also say to my dear friend, Senator expressed their opinions—has now indi- whether he was on board with the trea- MOYNIHAN, I thank him for the leader- cated his opposition. These are men ty and Dr. Browne responded: ship he has shown. We embarked to- and women who have spent their life- Senator Levin, if the government provides gether on a bipartisan effort, and we time on this subject. Reasonable doubt us with the sustained resources, the answer were joined by a very significant num- is to be found there. is yes, and if safeguard F is there, yes. ber of our colleagues—whose names Lastly, the laboratory Directors: I Dr. Browne said that he was ‘‘on will be a part of the RECORD at a later would like to respond to some of my board with the treaty’’ but only if cer- time—in an effort simply to recognize colleagues and the media’s mis-por- tain conditions were met. that in the course of the hearings and trayal of the testimony given at last In examining the complete record in the course of conversations and con- Thursday’s hearing before the Senate and considering the manner in which sultations with so many people not Armed Services Committee by the Di- the responses were elicited, it is clear only here in the United States but rectors of the three National Labs—Dr. that the labs directors had reservations across the seas, that there were clearly Paul Robinson of Sandia National Lab- about the treaty. They were clearly un- honest differences of opinion from indi- oratory, Dr. C. Bruce Tarter of the easy with the question and the manner viduals who have spent much of their Lawrence Livermore Laboratory, and in which they were questioned. They lifetime on this subject—honest dif- Dr. John C. Browne of Los Alamos Na- were certainly not enthusiastic in indi- ferences of opinion. tional Laboratory. It is important to cating any support for the treaty—even But lacking is that burden of proof, have a full picture of what was said at with the qualifications (i.e., safe- some would say beyond a reasonable our hearing last week Many of these guards) that were added.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12533 In addition to the previous line of describes the work involved in attempting to ty and reliability of America’s nuclear questioning the transcript includes nu- substitute science-based stockpile steward- stockpile—have reservations about the merous statements by the Lab Direc- ship. It is an enormous challenge, but I treaty and the Stockpile Stewardship tors which I believe, taken together, agree, much very good work has been done. Program. Their support for this treaty Much has been accomplished. But we still indicate that these experts have seri- cannot guarantee that we will ultimately be is tempered by specific qualifications ous issues with this treaty as well as successful. Science-based stockpile steward- and stipulations. I urge each and every the Stockpile Stewardship program. I ship is the best way we know of to mitigate one of you to review the full testimony note that the endorsement in January the risk to the extent that is possible. of these most important witnesses. 1998 of the CTBT by Generals Colin . . . But the question and where we (those Lastly, the laboratory Directors: Powell, John Shalikashvili, David who support or oppose testing and the trea- The lab Directors have said, based on Jones, and Admiral William Crowe, ty) differ the greatest is what is the best way their careers of 15 or 20 years, they to achieve that peace with stability. At least cannot guarantee that the present former chairman of the Joint Chiefs of two very dichotomous approaches. Is the Staff, was conditioned, like that of the world better off with nuclear weapons in the Stockpile Stewardship Program will Lab Directors, on the six safeguards hands of those who value peace the highest, match or even approach in, say, 5, 10, submitted by the President along with who will maintain their nuclear arsenals in or 15 years the sound data that we have the treaty to the Senate for advice and order to deter aggression and to prevent gotten through 50 years of testing—ac- consent which included a Stockpile major wars, or would the world be better off tual testing. We are not about to re- Stewardship program to ensure a high it there were no more nuclear weapons, and sume actual testing. We don’t have to level of confidence in the safety and re- is there really a sound plan for how you at this point in time, but we might in might ever achieve that? liability of nuclear weapons in the the future. stockpile. In addition, an exchange between But every Senator should think Here are some of the statements by Senator REED and Dr. Robinson on the about the fact that they are casting a the Lab Directors on the Stockpile Stockpile stewardship Program oc- vote that commits the United States in Stewardship program: curred as follows: perpetuity. The road to arms control, Dr. Browne, Director of Los Alamos Senator REED. Let me just ask another whatever the goal is at the end—peace stated: question, which, as I understand it, part of in the world—building blocks and steps the effort on the Stockpile Stewardship Pro- Each year, through a comprehensive pro- grams is massive computational projects. have been laid both by Republicans and gram of surveillance of the stockpile, we find Which, if carried out, will allow you to go Democrats. Every President, and oth- one or more problems in each weapons sys- back and analyze data that we have accumu- ers, has worked on these agreements. tem that may require attention. ...we lated for years and years and years, which Neither side should take the majority have identified several issues that, if they has never been fully analyzed. Does that had occurred when testing was active, most of the credit; it has been shared equal- offer any additional sort of opportunities to likely would have been resolved by nuclear ly. And a hope and a prayer of this Sen- increase your sense of reliability that, with- testing.’’ He went on to state: ‘‘The issue ator is that we continue as a nation to out testing, we can go ahead and more accu- that we face is whether we will have the peo- lead in taking positive, constructive rately protect the stockpile? ple, the capabilities, and the national com- Dr. ROBINSON. You are quite correct. The steps in arms control. mitment to maintain...confidence in the legacy data that we have, the correct state- So it is with regret that I believe this stockpile in the future, when we expect to ment is not that it has not been analyzed, it treaty has that degree of reasonable see more significant changes. Although we has not been successfully predicted by the doubt, imposing restriction in per- are adding new tools each year, the essential models. We have gaps in our understanding. tool kit for stockpile stewardship will not be petuity on one of our most valued stra- As we improve the codes, as we add the third complete until some time in the next decade. tegic assets, and I cannot support it. dimension—we are presently going from two Dr. Tarter, Director of the Lawrence I yield the floor. dimensional calculations to three-dimen- Mr. BIDEN. Mr. President, I yield to Livermore stated: sional calculations—a key test of the success the Senator from New York 1 minute. of these simulation codes will be how well I think we have a challenging program The PRESIDING OFFICER. The Sen- [stockpile stewardship], one that is very dif- does it predict those things we could not un- ficult to achieve. I think, although both the derstand in the past. So that is a very key ator from New York. administration and the Congress have had part of the science-based Stockpile Steward- Mr. MOYNIHAN. Mr. President, I rise increasing levels of support for the steward- ship Program. to thank, above all Members in this ship program over these past years, they There were also statements on the body, the chairman of the Armed Serv- have not quite met what we said was nec- value of testing. One of the most pow- ices Committee, Senator WARNER, who essary to achieve the program on the time erful statements was given by Dr. Rob- is opposed to this treaty, as I am in scale that we believed was necessary in view inson from Sandia. He said: support. of the aging of the designers and of the weap- Together we have addressed a letter ons. I think we all feel under a great deal of . . . there are black issues, white issues, stress to try to make those deadlines with but mostly a lot of gray. But, I can say from to our distinguished leaders, Senator the current resources. . . . So I think to date my own experience over the years, I have LOTT and Senator DASCHLE, asking I would give the program a—I think we have seen that same kind of scientific debate. But that the matter be put off until the done a good job. I think we have learned when you then carried out a test and looked next Congress, as the President has re- things. It is not a perfect job, but I think it at the predictions of various people in the quested be done. has been a very, very good start. I think the debate, the answer became very clear. The Sir, this morning I don’t think we test has a way of crystallizing answers into challenge lies in the longer term, and I think had a handful of signatures on that let- . . . if I had one simple phrase I think that one or the other and ending that grayness. And that is something that will be missing ter. At this moment, we have more the stewardship program with sustained sup- than half the Members of this body—as port is an excellent bet, but it ain’t a sure in a future state. thing. . . . the President presented to you with the day has gone by, the realization of the treaty and which he and certainly we be- what an enormous decision we are Dr. Robinson, Director of Sandia, lieve are conditions for ratification. The stated: making with so very little consider- most important of those by far is Safeguard ation has sunk in. I question the expectations many claim for F. We kept stressing to the White House, we Sir, we spent in my time in this body this treaty. . . . I think we have got to speci- cannot be sure that science-based stockpile fy with a lot more character what is the real stewardship will mature in time to handle a 38 days debating the Panama Canal purpose of the treaty. I secondly discuss [in serious safety or reliability problem as these Treaty. The Treaty of Versailles— his written statement] a lot of the important weapons age. Without it, without the ability equally important—was debated 31 technical considerations as we have tried to at that point to test, we would be powerless days in 1919 and 24 days in 1920. substitute other approaches, which has come to maintain the U.S. first line of defense, its Note that it was passed over, because to be known as the science-based Stockpile strategic deterrent force. a treaty does not die once it has simply Stewardship Program, for the value that After hearing their testimony first been voted down; it remains on the cal- tests had always provided us in previous dec- hand, I do not know how anyone could endar. ades. I can state with no caveats that to con- firm the performance of high tech devices— state that the Lab Directors vigorously But I would like to express the hope cars, airplanes, medical diagnostics, com- supported this treaty. When you exam- that before the debate is over, the dis- puters, or nuclear weapons—testing is the ine the entire record it is clear that the tinguished Senator from Virginia preferred methodology. . . . My statement Lab Directors—the experts on the safe- might place in the RECORD the letter

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After consultation with from testing these weapons would less- mass destruction. the chairman of the committee, they en the unthinkable possibility that the The nuclear balance of terror that are going to reserve the remainder of nuclear option would ever be employed. once defined our relationship with the their time so we will not go back and In fact, halting advancement in nu- Soviet Union is no longer central in forth with proponents and opponents clear weapons development and lim- our relations with Russia. Yet, even as until they indicate they want to. iting the number of nuclear-capable we work to achieve a more democratic I yield 2 minutes to the Senator from military states, locks in a status quo and open Russia, nuclear weapons ap- Pennsylvania. in which the United States has an pear to play a growing role in Moscow’s Mr. SPECTER. I thank my colleague enormous military advantage. This security strategy, including declara- from Delaware for yielding. I support treaty makes the United States mili- tory policy and defense planning. the treaty because I think the balance tarily stronger, not weaker. Whether to overcome conventional of risks are in favor of ratifying this One of the wisest aspects of the weakness or as a means to retain one treaty. It is not without risk, but it is CTBT is its requirement that all of the of its last vestiges of superpower sta- not in perpetuity. The United States world’s 44 nuclear capable nations rat- tus, Russia is continuing to modernize may withdraw at any time that it ify the treaty for it to enter into force. its nuclear forces. The retention of chooses. If we reject this treaty, it is This means that North Korea, Iran, and thousands of theater nuclear weapons, an open invitation to other nations to others that pose the greatest potential the deployment of the new mobile SS– test. I think that is a greater risk than threat to the United States and our al- 27 ICBM, and the continuing invest- the risks involved in ratifying the trea- lies must join us in being a party to ment in its massive nuclear weapons ty. The events of the last 24 hours in this treaty before the United States re- infrastructure demonstrate how impor- Pakistan show the undesirability of linquishes the option of nuclear test- tant these weapons are to Moscow and having the Pakistanis test in their race ing. lend credence to the concerns that Rus- with the nation of India, not to speak Another strong aspect of the CTBT is sia may have recently tested new nu- of the other nations, Iran, Iraq, North that it is accompanied by 6 critical clear weapons to provide the founda- Korea. safeguards that the Joint Chiefs of tion for its future security strategy. I suggest the President of the United Staff insisted upon before agreeing to There are many fundamental ques- States call the majority leader of the support it. I would note that the sixth tions about Russia’s political and eco- Senate and try to work this out. More and most significant to these safe- nomic future that today can not be an- than that, of the Senators here, many guards is included in the resolution swered with certainty. What is clear, who are opposed to the treaty think we which is before us today. It requires however, is that Russia will continue should not vote it down. It is not over to possess formidable, modern nuclear until it is over. I believe it is possible the United States to withdraw from the CTBT under the supreme national forces no matter how these questions for the President to say to the major- are answered over time. For this rea- ity leader what would satisfy the ma- interests clause if the Secretaries of son, it remains imperative for us to re- jority leader to take this treaty out of Energy and Defense cannot certify the tain a credible nuclear deterrent capa- the next Congress. And I believe the reliability of our nuclear arsenal. This bility to guard against the reversal of majority leader could convene the Re- safeguard gives Americans the assur- our relations with a potentially hostile publican caucus—and we can do that ance that they will continue to be pro- tected by a robust and credible and nu- and nuclear-armed Russia. yet this afternoon or into the evening The strategic uncertainties associ- on this momentous matter. I think it clear deterrent under the CTBT. I believe this treaty is very much in ated with China are even greater than is still possible to avoid this vote to those with Russia. There are clear indi- give extra time for security measures, the interests of the United States. It cations of qualitative improvements to give extra time for testing, but not will help prevent the spread of nuclear and quantitative increases to the Chi- to cast a vote which will be a vote weapons worldwide, while ensuring a nese nuclear arsenal. The Cox com- heard around the world to the det- huge U.S. advantage in nuclear weap- mittee found that China is actively riment of the United States. onry that has deterred would-be ag- Mr. BIDEN. Mr. President, I yield 3 gressors for many years. I urge my col- pursuing miniaturized nuclear war- minutes to the distinguished Senator leagues to support ratification of this heads and MIRV technology, devel- from Rhode Island. treaty. oping more accurate and ballistic mis- Mr. CHAFEE. Mr. President, I sup- Mr. KYL. Might I inquire of the dis- siles, and building a larger arsenal. Re- port the Comprehensive Test-Ban Trea- tinguished chairman of the committee cent Chinese tests of a new medium- ty, CTBT, a treaty which I believe is in if I could make a brief statement. range ballistic missile, the DF–31 and our national security interests. Mr. HELMS. Mr. President, I yield to public declarations of its development Although it appears regrettably that the distinguished Senator from Ari- of enhanced radiological weapons serve the required votes of two-thirds of the zona. to reinforce these findings. Similarly, a Senate do not exist at this point, I Mr. KYL. Mr. President, deterrence recent National Intelligence Estimate nonetheless hope that as many of my has long been a primary component of forecasts increases in the Chinese stra- colleagues as possible will vote to rat- U.S. security policy. In the cold war, tegic arsenal and investment in tech- ify this treaty since we cannot proce- nuclear weapons were the backbone of nologies, such as penetration aids, de- durally seem to be able to set the trea- our national deterrent. The threat of signed to defeat any United States mis- ty aside. unacceptable damage in response to ag- sile defense. Since 1992, the United States has gression was central to inhibiting the Perhaps most disturbing, the stra- abided by a unilateral moratorium on Soviet Union’s expansionist aims. tegic intentions of both Russia and nuclear weapons testing. Despite the Moreover, the credibility of the U.S. China appear increasingly antagonistic absence of testing during these past 7 nuclear guarantee provided for ‘‘ex- toward the United States. This past years, our nuclear weapons stockpile tended deterrence’’ against attacks on August they jointly announced a stra- has been maintained, our nuclear de- our friends and allies. tegic partnership as a counterweight to terrent has remained formidable, and While the conditions today are much what they termed U.S. ‘‘hegemonic am- our national security has not been different from the past, our nuclear bitions.’’ As he met with Chinese Presi- threatened. Because our nuclear arse- weapons continue to serve as an essen- dent Jiang Zemin, President Yeltsin nal remains safe and reliable today, the tial hedge against a very uncertain fu- declared himself ‘‘in fighting form, United States has no plans to test ture with both Russia and China, two ready for battle, especially with West- these weapons any time soon. states that highly value their own nu- erners,’’ and complained that ‘‘some

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However, as we were able military developments in these two ments to be made about whether or not to conduct underground tests, the states, experience and prudence sug- a particular weapon or class of weapons aging process did not degrade the safe- gest the need for a hedge that only will continue to be safe and reliable. In ty and reliability of the stockpile. If credible nuclear forces can provide. short, whether or not U.S. nuclear the CTBT is ratified, we may not have While deterrence of rogue states weapons will remain a credible deter- an opportunity to do this in the future armed with weapons of mass destruc- rent. because the process for utilizing the su- tion is very different than deterrence The administration’s approach is an preme national interest provisions of as we understood it in the cold war, an extraordinarily risky one—far more so the treaty to withdraw are themselves overwhelming retaliatory capability— than can be discerned from administra- an impediment to sustaining deter- and the fear of a possible nuclear tion statements on the subject. This is rence. repsonse—remains critical to coun- so because the way risks are multiplied Second, the CTBT will prevent the tering this new set of ever more dan- in the program. First, the CTBT pre- United States from testing new nuclear gerous threats. Despite sustained and vents the United States from using the weapon designs should the need to sus- determined efforts to de-legitimize our technique for assuring the reliability of tain deterrence call for new designs. nuclear weapons, and assertions that stockpile—the detonation of the nu- Many new designs were required during their utility ended with the cold war, clear weapon to be confident that the the cold war to sustain deterrence. our nuclear weapons are essential in aging of the nuclear components have Identifying some circumstances that this context. Conventional superiority not diminished confidence in its safety could give rise to a requirement for alone is not sufficient. Looking at the and reliability. Second, the CTBT pre- new weapon designs is not difficult. only real world experience we have in vents the United States from testing The weapons retained in the U.S. in- deterring the use of chemical and bio- new weapon designs—the approach we ventory after the cold war are pri- logical by rogue leaders—the Desert have taken over the past half century marily designed to strike urban-indus- Storm case—it appears that the threat to make sure our nuclear weapon trial targets (reflecting the policy of of a nuclear response was a major fac- stockpile kept pace with what was re- mutual assured destruction) and hard- tor in the Iraqi decision to forego the quired to deter. Third, the CTBT offers ened targets on or near the earth’s sur- use of their weapons of mass destruc- as an alternative to testing, the SSP. face. The change in the technology of tion. Let’s examine each of these elements underground construction has fun- An in-depth study of United States of risk in turn. damentally changed the economics of security policy in the 21st century, First, the design of nuclear weapons locating military targets in deep un- conducted last year by the National is a highly empirical process. Vast derground locations. In Russia, for ex- Defense University and Livermore Na- computer networks and theoretical ample, despite its severely depressed tional Laboratory, concluded that nu- physicists notwithstanding, testing has economic circumstances, has invested clear weapons would remain critical been an indispensable dimension of nu- $6 billion since 1991 in a deep under- both to hedge against Russia and clear weapon development, production, ground military facility in the south- China, as well as to deter rogue states and deployment. This is so because the ern end of the Ural Mountains. The un- that will seek to challenge us in re- environment within a nuclear weapon derground facility at the site is located gions of vital interest. This same study is unlike anything in nature. Materials under nearly 1,000 feet of granite—one concluded that: ‘‘Retaining the safety, exposed to decades of nuclear radiation of scores of deep underground sites— reliability, security, and performance behave in ways scientists do not know that could not be held at risk with the of the nuclear weapons stockpile in the how to predict. Gold, for example, cor- current nuclear weapon stockpile. absence of underground nuclear testing rodes in a nuclear environment—a Similar underground facilities exist in is the highest-risk component of the property not evident in nature. We do other declared or undeclared nuclear U.S. strategy for sustaining deter- know know what will happen over time weapon states. It is possible that some rence.’’ For over 40 years, testing was to the nuclear components of a weapon future President may decide that new seen as essential to the credibility of and how the aging process will affect weapon design(s) are needed to sustain our deterrent forces and our commit- the weapon. This has been addressed in deterrence. He will be prevented from ments to friends and allies. The CTBT, the past by detonating weapons after a doing so if the CTBT is ratified. if ratified by the United States, would fix has been installed in a weapon that Third, the alternative to testing, the call into question the effectiveness and appears to be adversely affected by age. SSP, is an extraordinarily risky ap- reliability of this essential component Because there is no theoretical basis proach to sustaining deterrence. The of our national security strategy. that has been validated through test- United States has not conducted a test- In the annual statement of U.S. Na- ing to certify weapon safety and reli- ing program to verify that the mod- tional Strategy, President Clinton has ability, testing has been indispensable. eling and simulation of the existing affirmed the view of his predecessors The United States ceased its nuclear stockpile or new designs can be main- for more than half a century—nuclear weapon testing program in 1992, but tained or implemented using the exper- weapons are vital to the security inter- had never undertaken an effort to as- imental and diagnostic facilities of the ests of the United States. It is not sur- certain whether or not it could model SSP. No testing has taken place since prising then that one of the safeguards and simulate the aging properties of 1992, but the SSP will not be fully oper- offered by the White House to diminish nuclear weapons with sufficient reli- ational until 2010 or beyond. One of the the risk inherent in accepting a perma- ability to permit the certification of most important of these facilities—the nent ban on nuclear weapons testing the weapons in the stockpile. National Ignition Facility, NIF—has through the Comprehensive Test Ban Nuclear weapons now in the stock- proven to be both a technical and cost Treaty CTBT is to attempt to sustain pile—eight types plus one additional challenge. Last month the Congress the existing inventory of nuclear weap- type in reserve—means that we have was confronted by a one-third jump in ons through what is known as the concentrated our deterrent in rel- the cost of this program. The entire Stockpile Stewardship Program, SSP. atively few weapon designs. In the mid- SSP—budgeted at $4.5 billion—is cer- The aim of the SSP is to utilize the 1980s, we had 32 types of nuclear weap- tainly underfunded, as the NIF experi- data from more than 1,000 U.S. atmos- ons in the stockpile. The average age of ence demonstrates. For the SSP to be pheric and underground nuclear tests the weapons in the stockpile is 15 successful, all of its numerous experi- legacy code combined with advanced years—more than has ever been the mental and diagnostic facilities have diagnostic and experimental facilities case in the past, and well beyond U.S. to work perfectly to assure that the now under development in the SSP to experience. We simply do not know safety and reliability of the stockpile assess the aging properties of nuclear what the long-term implications of can be certified indefinitely. It is one

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12536 CONGRESSIONAL RECORD — SENATE October 13, 1999 thing to take such a technical and fi- First, it my promote proliferation by Clinton is not verifiable. This means nancial risk in an environment where damaging the U.S. nuclear umbrella. that, despite the vast array of expen- testing is unconstrained. It is quite an- United States allies such as Japan, sive sensors and detection technology other to bet on the enduring success of South Korea, Germany, and Italy have being established under the treaty, it a program—the SSP—that has already long depended on United States nuclear will be possible for other nations to been shown to have unforeseen cost, strength to provide them the ultimate conduct militarily significant nuclear technical, and schedule difficulties. protection. Indeed, the United States testing with little or no risk of detec- The extent of these difficulties has not persuaded South Korea and Taiwan to tion. yet even been ascertained by the execu- give up their own nuclear weapons pro- What is militarily significant nuclear tive branch—much less an independent grams by promising them protection. testing? Our definitions of the term determination by the Congress. The U.S. nuclear testing has signaled to might vary, but I think we’d all agree risks to the ability to sustain deter- allies, and to potential enemies, that that any nuclear test that gives a na- rence under the CTBT are simply too the United States nuclear arsenal is ef- tion information to develop newer, large for the Congress to accept. The fective and that the United States is more effective weaponry is militarily CTBT should not be ratified. committed to using such weapons if ab- significant. CTBT proponents claim that the solutely necessary. Without nuclear In the case of the United States, nu- treaty is an important tool in the fight testing, there is no question that clear tests with yields between 1,000 against nuclear proliferation. This is United States confidence in the stock- tons and 10,000 tons are generally large simply inaccurate. pile will decline. Our enemies and al- enough to provide ‘‘proof’’ data on new A test ban will provide no obstacle to lies alike will read this silent signal as weaponry designs. Other nations might a proliferator who seeks a first-genera- a local of commitment to maintaining- have weaponry that could be assessed tion-or even a second-generation-nu- and using, if necessary-the nuclear de- at even lower yields. For the sake of clear weapon. One of the two bombs the terrent. argument, however, let’s be conserv- United States dropped on Japan to end As U.S. confidence in the stockpile ative and assume that other nations WWII was an untested design. South declines over time, it is likely that our would also need to conduct tests at a African built and deployed six nuclear allies confidence in the nuclear um- level above 1,000 tons to develop a new weapons without testing the design. brella will similarly decline. This could nuclear weapon design. Pakistan obtained a workable design head to allies reevaluating their own The verification system of the CTBT from China, and thus needed no nuclear security needs. (If the U.S. umbrella is supposed to detect nuclear blasts tests of its own. appears insufficient, might they not above 1,000 tons, so it would seem at Faced with these facts, treaty pro- consider developing their own nuclear first glance that it will be likely that ponents often resort to the claim that deterrents? most cheaters would be caught. We the CTBT will establish an inter- The second reason that I say that the need to look at the fine print, however. national norm against nuclear pro- CTBT may promote proliferation is In reality, the CTBT system will be liferation. Again, history teaches us that it will result in significantly in- able to detect tests of 1,000 tons or differently. There is already an inter- creased interactions between the U.S. more if they are nonevasive. This national norm against proliferation weapons design community and the means that the cheater will be caught embodied in the Nuclear Nonprolifera- international academic community. only if he does not try to hide his nu- tion Treaty—the NPT. Over 130 nations This could, and probably will, result in clear test. But, what if he does want to have signed the NPT and, by doing so, the transfer of weapons-relevant data. hide it? What if he conducts his test have forsworn nuclear weapons devel- Let me explain. evasively? opment. As an aside here, I guess we The U.S. stockpile stewardship pro- It is a very simple task for Russia, can say the CTBT is to get nations to gram, the one intended to take the China, or others to hide their nuclear promise not to test the weapons that place of nuclear testing, relies on tests. One of the best known means of they promised not to develop under the markedly increased collaboration be- evasion is detonating the nuclear de- NPT. tween nuclear weapons specialists and vice in a cavity such as a salt dome or The international norm of nuclear the open scientific community. The a room mined below ground. This tech- nonproliferation-the one supposedly es- program encourages open exchange of nique called ‘‘decoupling’’ reduces the tablished by the NPTB was broken by new nuclear research between the U.S. noise, or the seismic signal, of the nu- Iraq, which tried to develop nuclear weapons laboratories and the inter- clear detonation. weapons clandestinely. And, the norm national scientific community. The The change in the signal of a decou- is violated even today by North Korea, role that the stewardship program en- pled test is so significant—it can be by which remains in noncompliance with visions for unclassified researchers ex- as much as a factor of 70—that it will the NPT. Two nations not party to the tends far beyond peer review and the be impossible for any known tech- NPT, India and Pakistan, also broke occasional preventatives meeting. Bit nology to detect it. For example, a the international norm. involves U.S. highly likely that these 1,000-ton evasive test would have a sig- Other arms control norms are readily Occasional presentations meeting en- nal of a 14-ton non-evasive test. This and repeatedly broken as well. There ergy the quit involves Program, to par- puts the signal of the illicit test well are too many examples to cite here ticipate in attempt to develop tool sot below the threshold of detection. today, but let me give you one. The replace Decoupling is a well-known tech- United States forswore biological There will be five university research nique and is technologically simple to weapons and led the world in signing centers and a host of other researchers achieve. In fact, it is quite possible the Biological Weapons ban. The So- funded by 5 year grants totaling tens of that Russia and China have continued viet Union signed too, but secretly millions of dollars. It is highly likely to conduct nuclear testing during the kept inventing and manufacturing ever that these researchers in the unclassi- past 7 years, while the United States more potent biological weapons. Other fied world, working closely with nu- has refrained from doing so. They nations, including Iraq, have also made clear weapons scientists on the stew- would have been able to test, without such weapons. ardship program, will gain an improved our knowing, by decoupling. The point here is that norms do noth- understanding of nuclear explosives There are also other means of cheat- ing to prevent development of heinous phenomena. And, of course, there will ing that can circumvent verification. weapons by nations that view it in be no way to prevent the further dis- One is open-ocean testing. A nation their security interests to do so. They semination this understanding. could put a device on a small seaborne are driven by their own perceptions of In summary, the CTBT will not fur- platform, tow it to the middle of the threat, not by a desire to adhere to a ther the cause of nuclear nonprolifera- ocean, and detonate it anonymously. It norm established by the United States tion. Quite the opposite, it will likely would be virtually impossible to at- or the international community. result in promoting nuclear prolifera- tribute the test to the cheater. Ironically, the CTBT might actually tion. If the CTBT were not going to affect promote nuclear proliferation. I say The Comprehensive Test Ban Treaty U.S. capabilities, it would not be im- this for two reasons. submitted to this Senate by President portant whether the treaty is verifiable

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12537 or not. The fact is, however, the CTBT lieve these uncertainties extend to in cases where they are needed least, will freeze the U.S. nuclear weapons events of several kilotons, fully decou- least likely in cases where they are program and will make it impossible to pled. In any case, no improvements of needed most, and of marginal utility assess with high confidence whether the United States and IMS systems when they are conducted. the current stockpile is reliable. And, that can be expected in the foreseeable Even if a detected seismic event is because the treaty is not verifiable, it future will alter those judgments. categorized as a nuclear test, it still will not effectively constrain other na- Mr. President, that is why CTBT pro- has to be attributed to a CTBT party. tions in the same way. That means ponents stress seismic capabilities in What if it takes place in international that they will ultimately be able to terms of detection capability, which, waters? What if a suspected govern- gain advantage. unlike identification capabilities, can ment feigns surprise and attributes the Let me stress here that my assess- be calculated. But detection relates ex- undertaking to a non-state actor, ment is not based on partisan opinions. clusively to the seismic network’s abil- known or unknown, acting within its The non-verifiability of the CTBT is ity to sense events, and again I stress borders? What if the precise location well-known and has been affirmed by it is identification, not detection that cannot be specified and the suspect the U.S. intelligence community. We underpins verification. state has sensitive facilities in the area have no business signing up to an un- A violator can decrease even a de- surrounding the event’s apparent epi- verifiable treaty, particularly one that tected seismic magnitude by ‘‘decou- center? In short, the IMS is designed to could so adversely affect the strength pling’’—that is, conducting a nuclear support a bulletproof CTBT regime. It and effectiveness of our nuclear deter- test in an underground cavity that will generate lots of suspecting, very rent. muffles an explosion. Treaty pro- little detecting, still less identifying, Mr. President, seismology has come a ponents will argue that construction of little or no attributing, and a virtual long way in the past half-century, but such cavities is a nontrivial engineer- absence a verified noncompliance. it still measures only earth vibrations, ing task. It is hard to measure such dif- Mr. President, none of this would not Treaty compliance. Let’s save time ficulty because our experience in de- matter except that the United States by stipulating that earth vibrations coupling is more limited than, say, will never conclude that the accumu- caused by most nuclear explosions will Russia’s. But to decouple a 10-kiloton lated uncertainties are sufficient to be detected by the CTBT’s Inter- explosion so that it cannot be identi- justify our abrogation of the treaty. national Monitoring System (IMS). fied requires a cavity that countries of Anti-nuclear interests, knowing full Then we can focus discussion on the greatest concern are certainly capable well that a foreign nuclear test has oc- political process by which detection of of constructing. curred, will always be able to obscure ‘‘events’’ lead to identification of nu- To help resolve such uncertainties, the evidence or moderate the U.S. re- clear tests, and by which identification the CTBT includes the right to conduct sponse. That is true already, of course, but Treaties reside in a rarefield polit- of tests leads to verification of non- on-site inspections (OSI). But decisions ical and legal atmosphere in the U.S. compliance with a Treaty. to exercise that right will be based on In combination, the United States the level of voting countries’ con- from which abrogation is never taken and IMS will reliably detect thousands fidence in events identified by the IMS lightly. These are the weapons the United of seismic events every year. But that seismic network. Thirty current members of the rotat- States relied on defeat two monstrous does not mean that either system, ing 51-member CTBT Executive Coun- twentieth century tyrannies and to independently or in combination, can cil must agree that an OSI should be deter threats for over a half-century. I reliably identify low yield nuclear ex- conducted. It is clear from the negoti- do not wish to subordinate their deter- plosions. rent power, their safety, their mod- Seismic networks are scientific tools ating record that some countries, in- ernization, or their reliability to the that must be calibrated against real cluding China, would view a request for vagaries of this detection-identifica- world occurrences of what they meas- OSI as a hostile act. The fact, coupled with identification tion-verification conundrum. The IMS ure. Once seismologists know that a uncertainties for low yield events, system was not, and could not have given seismic signal was a nuclear test makes it very unlikely that the Execu- been, designed to verify clandestine of a given yield at a given location, tive Council will ever get the votes tests. Thus, to whatever extent our their network is calibrated for nuclear needed to request OSI for lower yield ratification of the CTBT relies on the explosions of comparable magnitude at tests. For larger yields, in calibrated integrity of verification it should be that location. For events of different regions, where event-identification soundly defeated. magnitudes and/or in different loca- would be less ambiguous, OSI requests CTBT proponents are fond of saying tions, seismic signal identification is would be more likely to get the re- that this treaty is the longest sought, subjective. Like a few dozen CPAs in- quired support, but hardly needed to hardest fought arms control agree- terpreting the same IRS rule, each identify the event. ment. They point out that negotiation event will be interpreted differently de- For seismic events that could be low of a nuclear test ban first began with pending on who is making the judg- yield tests, the precise location of that President Eisenhower, and continued ment and who their client is. This is event will be very uncertain, and the on-and-off through the administrations particularly true, of course, for smaller area that would need to be examined of several presidents. events and those that occur in parts of with OSI would be prohibitively large. In truth, the Clinton CTBT is very the world—where nuclear explosions Impression in locating an event, cou- different from the test bans sought by have not previously been recorded. pled with the inspected state’s rights past presidents. An old name has been The fact of such uncertainty is not in under the CTBT’s ‘‘managed access’’ put on a new treaty. We need only look dispute. No one can specify now, or in principle, assures that an approved OSI at history to see that what President the foreseeable future, how large a nu- will never conclusively identify an Clinton’s administration negotiated is clear test must be before it can be reli- event. not at all consistent with the treaty ably identified as a nuclear test by the Past experience has shown that to sought by his predecessors. IMS. The best case would involve fully achieve consensus—even within the When President Eisenhower under- decoupled tests in locations where seis- United States—on the identification of took negotiations for a test ban, he mologists know both the precise mag- low yield events will be very difficult. purposefully excluded low-yield nu- nitude of previous tests and the con- Past experience has also shown that clear testing for at least two reasons. sequent seismic reading generated by other countries—most of whom do not First, he knew that the United States those tests. The worst case would in- have the detection resources the would need to conduct such low-level volve clandestine tests in uncalibrated United States has—will weigh OSI deci- tests to assure that the U.S. stockpile regions that are decoupled. Even in sions against the political reality that was as safe and reliable as possible. best case circumstances no one dis- target state will perceive OSI as a hos- Second, he knew that such testing is putes the uncertainty of identifying tile action. readily concealed, so banning them low yield nuclear events—no matter The bottom line, Mr. President, is would not be verifiable. And, like Ei- where they are conducted. Some be- that OSI approval will be most likely senhower, subsequent U.S. Presidents

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12538 CONGRESSIONAL RECORD — SENATE October 13, 1999 held fast to the position that any test sure confidence in their stockpiles, but sults of nuclear tests specifically de- ban must allow for low-yield testing. the United States will not. Others will signed to test SSP. Then, if the SSP is President Clinton, separating himself be able to continue to develop newer, shown to be a reliable replacement for from past presidents, declared that the more modern nuclear weapons, whereas nuclear testing, we could consider United States would undertake a zero- the U.S. program will be frozen. Others whether we would wish to be a party to yield nuclear test ban. He made this will be able to test any fixes to prob- a treaty banning nuclear testing. We decision against the advice of the ma- lems that develop with their stock- must retain the ability to conduct un- jority of his cabinet, including the Sec- piles, whereas the United States will derground nuclear tests to ensure the retaries of Defense and State, and not be able to do so. reliability and safety of our existing against the advice of the leaders of the This treaty is not well-thought-out weapons and to establish whether SSP national laboratories. That is, Presi- and contains provisions that will ulti- works. dent Clinton unilaterally determined mately harm the U.S. nuclear deter- I would like to remind my colleagues that the U.S. would deny itself the rent. Furthermore, the zero-yield in- that this body, in 1987, required the De- ability to conduct the low-level testing terpretation by President Clinton is partment of Energy to design a pro- necessary to assure us that the weap- unacceptable. We should reject this gram very like what I have described, ons in our stockpile are functional and treaty in the interests of our own secu- but even more encompassing. The Sen- usable. rity. ate Armed Services Committee lan- President Clinton’s decision is par- CTBT proponents assert that the guage for the fiscal year 1998 authoriza- ticularly astounding when you realize DOE’s Science Based Stockpile Stew- tion bill required that DOE prepare a that other nations will not be similarly ardship Program (SSP) can maintain report on a program which would pre- constrained. They will be able to test the safety and reliability of the na- pare the country for further limita- low-yield devices. Why? Because the tion’s nuclear weapon stockpile with- tions on nuclear testing beyond the 150 CTBT does not define what is meant by out nuclear testing. I emphasize that kiloton yield cap then in place. The a nuclear test. In other words, the trea- this is an assertion, an unproven, committee recognized that the sophis- ty does not say that it is a zero-yield undemonstrated assertion. Dr. ticated weapons in the U.S. inventory ban. That is something that President Seigfried Hecker, as Director of Los Al- might not be sustainable under further Clinton imposed on the United States amos National Laboratory in 1997, in test limitations and required DOE to as its own interpretation of the treaty. response to a question from Senator describe a program that would ‘‘. . . Thus, when Russia conducts low-yield KYL, has stated ‘‘. . . we could not prepare the stockpile to be less suscep- tests to assure reliability of its own ar- guarantee the safety and reliability of tible to unreliability during long peri- senal, it will not be technically in vio- the nuclear stockpile indefinitely with- ods of substantially limited testing.’’ lation of the CTBT. out nuclear testing.’’ By agreeing to DOE was also required to ‘‘. . . describe A second reason that Clinton’s CTBT ratification of the CTBT the Senate ways in which existing and/or new is quite different from the test bans would accept abandoning nuclear test- types of calculations, non-nuclear test- sought by past presidents is duration. ing, the only proven method for assur- ing, and permissible but infrequent low Clinton’s treaty is of unlimited dura- ing the safety and reliability of our nu- yield nuclear testing might be used to tion. All previous presidents under- clear deterrent, to embrace the move toward these objectives.’’ This stood that it was very important to unproven, unvalidated SSP. latter requirement might be viewed as limit the length of the treaty to a few Nuclear deterrence is a vital element the progenitor of SSP. DOE responded years, thus requiring renewal periodi- of our national security structure. to this requirement by designing a cally. This would place the burden President Clinton, in sending us this test-ban readiness program which an- upon those who want a test ban to treaty reaffirmed that he views the ticipated a ten year, ten nuclear test prove that it is in the security inter- maintenance of a safe and reliable nu- per year program which would address ests of the United States to continue clear stockpile to be a supreme na- the objectives required by the Senate, the ban. Instead, Clinton’s treaty does tional interest of the United States. If which included the development and the opposite: it makes getting out of this is the case, how we can accept an validation, by comparison with nuclear the treaty very difficult. And, as we unproven SSP as the basis for our con- tests, of new calculational tools and have seen from the ABM Treaty, it is fidence in the nuclear stockpile? If SSP non-nuclear testing facilities. I must politically very difficult to leave a were an established capability, and a hasten to add that this program de- treaty, even when it is no longer rel- not a set of research programs, most of scribed by DOE was never fully funded evant or in your security interests. which will not reach fruition for years, because throughout the Reagan and A third major difference that makes and the predictions of SSP had been Bush administrations further limita- Clinton’s CTBT different from past test thoroughly compared with the results tions on nuclear testing were not bans is its lack of verifiability. All past of nuclear tests specifically designed to viewed as necessary or desirable. A presidents stated that they would only validate the new SSP, with positive re- CTBT was stated to be a long term support a treaty that is effectively sults, then and only then could I con- goal. verifiable. sider abandoning nuclear testing in The stark differences between the Verifiability may not seem to be a favor of SSP. Senate’s requirement and the DOE re- very significant issue, but it is indeed Can you imagine any reputable com- sponse and the path taken by the Clin- terribly important. We all know that pany abandoning one accounting sys- ton administration could not be more the United States will adhere scru- tems for another without making sure stark. There was no period of prepara- pulously to the CTBT is we in the Sen- that the new system’s results agreed tion for this CTBT before us. The DOE ate give our advice and consent to rati- with the old? Can you imagine any rep- was not instructed to implement the fication. Other nations, however, have utable laboratory abandoning one cali- design and testing of robust replace- repeatedly demonstrated that they are bration tool for another before ensur- ment warheads. The DOE was not fund- willing to violate their arms control ing that the new tool agreed with the ed to procure and validate new commitments. North Korea is cur- old tool? But this is what we are being calculational and non-nuclear testing rently in violation of the Nuclear Non- asked to do if we give our advice and facilities. Instead, nuclear testing proliferation Treaty, under which it consent to the CTBT. In an area where stopped without warning. Even the few promised not to pursue nuclear weap- the supreme national interest of the nuclear tests that might have allowed ons. Russia has violated a host of arms United States is at stake we are being some preparation were denied. Dr. agreements, including the ban on pro- asked to endorse SSP as a replacement Hecker wrote to Senator KYL, ‘‘We fa- duction of biological weapons. for nuclear testing without knowing if vored conducting such tests with the If the United States abides by a test SSP works. Clearly the sensible course objective of preparing us better for a ban, whereas other nations are able to of action is to pursue SSP but calibrate CTBT.’’ However all tests were ruled continue testing undetected, the its predictions, validate its new com- out by the Clinton administration for United States will ultimately be dis- puter models, step-by-step, year-by- policy reasons. This was years before advantaged. Others will be able to as- year by direct comparison with the re- the President signed the CTBT.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12539 Nuclear weapon safety has always nor malevolent intent could human ac- But the fact, Mr. President, is that been a paramount concern of the tions cause unacceptable contamina- this reassurance is a hollow promise, United States. Throughout the history tion. Has this policy been abandoned and supporters of the treaty know it. of its nuclear weapons program the because it is inconvenient to an admin- The fact is that if the critical mo- United States has made every effort to istration determined to have a CTBT ment arrives and there is irrefutable ensure that even in the most violent of at any cost? evidence that we must conduct nuclear accident situations there would be the We have spent considerable money to testing to ensure our deterrent is safe, minimum chance of a nuclear explo- incorporate advanced safety features in reliable, and credible, those same trea- sion or radioactive contamination. The some existing weapons. Were we wast- ty supporters will be shouting from the adoption of the CTBT will abandon this ing our money? Is there some reason highest mountain that the very act of important commitment. why it is OK to have some weapons less withdrawing from this treaty would be I am very concerned that a CTBT safe than others? I am not challenging too provocative to ever be justified, will stand in the way of improving the that each weapon may be as safe as it that no narrow security need of the safety of U.S. nuclear weapons. All ex- could have been made at the time it United States could ever override the perts agree that nuclear weapon safety was built. But safety standards change solemn commitment we made to the cannot be improved without the ability and now we may have to live without world in agreeing to be bound by this to conduct nuclear tests to confirm current weapon systems for a very long treaty. that the weapons, once new safety fea- time. The American people deserve the And if you don’t believe that will tures are incorporated, are reliable. safest weapons possible. We have gone happen, Mr. President, you need only The CTBT makes pointless any at- from expecting seat belts, to expecting look at our current difficulties with tempts to invent new, improved safety antilocking brakes and air bags in our the 1972 ABM Treaty. It provides a feature because they could never be automobiles. We know we could have chilling glimpse of our nuclear future, adopted without nuclear testing. Of insensitive high explosive and fire-re- should we ratify this ill-conceived test even greater concern is that the CTBT sistant pits and enhanced nuclear deto- ban. even eliminates the possibility of im- nation safety devices in every stock- Like the Comprehensive Test Ban proving the safety of current weapons pile weapon. But we do not! We know Treaty, the ABM Treaty is of unlim- through the incorporation of existing, each additional safety features de- ited duration. It, too, includes a provi- well understood safety features. creases the probability of catastrophic sion allowing the United States to Unfortunately, few people know that results from an accident involving a withdraw if our national interests so many of our current weapons do not nuclear weapon. We have no business demand. It’s difficult to imagine a situ- contain all the safety features that al- entering into a CTBT until every weap- ation in which national security inter- ready have been invented by the DOE on in our inventory is as safe as we ests and treaty obligations are more Laboratories. A White House know how to make it. I cannot justify clearly mismatched than with the ABM Backgrounder issued July 3, 1993, in a lesser standard and I hope you join Treaty today, but its supporters insist conjunction with President Clinton’s me in this view and not give advice and that withdrawal is not just ill-advised decision to stop all u.S. testing, ac- consent to the ratification of the but actually unthinkable. And the knowledges ‘‘Additional nuclear tests CTBT. voices wailing loudest about changing could help us prepare for a CTBT and this ossified agreement are the same Mr. President, there are numerous provide some additional improvements ones urging us today to entangle our- reasons to oppose this treaty, many of in safety and reliability.’’ President selves in another treaty of unlimited which have been discussed here al- Clinton thought it was more important duration. ready. But I would like to focus on one not to undercut his nonproliferation Think of the ways in which the ABM feature of this agreement that is, in goals! Treaty is mismatched with our modern my view, sufficient reason by itself for I am less ready to ignore the safety security needs. The treaty was con- rejecting ratification, and that is the of the American people. If we accept ceived in a strategic context utterly treaty’s duration. the CTBT, we will be accepting a unlike today’s, a bipolar world in stockpile of nuclear weapons that is This is an agreement of unlimited du- which two superpowers were engaged in less safe than it could be. I, for one, ration. That means that, if ratified, the both global rivalry and an accom- want no part in settling for less than United States will be committing itself panying buildup in strategic nuclear the best safety that can be had. Should forever not to conduct another nuclear forces. Today, one of those superpowers a U.S. nuclear weapon become in test. no longer exists, and what remains of evolved in a violent accident which re- Think of that—forever. Are we so it struggles to secure its own borders sults in deaths and damage due to the confident today that we will never against poorly armed militants. spread of radioactive plutonium, I do again need nuclear testing—so certain The arms race that supposedly justi- not want to be in the position of ex- that we are willing to deprive all fu- fied the ABM Treaty’s perverse deifica- plaining how I, by consenting to ratifi- ture commanders-in-chief, all future tion of vulnerability has not just halt- cation of the CTBT, prevented the in- military leaders, all future Congresses, ed, it’s reversed, and no thanks to arms corporation of safety measures that of the one means that can actually control. Today Russian nuclear forces would have prevented these tragic con- prove the reliability of our nuclear de- are plummeting due not to the START sequences. terrent? II agreement—which Russia has re- CTBT proponents will cite certifi- Now, proponents of this treaty will fused to ratify for nearly 7 years—but cations of safety by the laboratory di- say that this is not the case—that this to economic constraints and the end of rectors and the administration that commitment is not forever—because the cold war. In fact, their forces are the stockpile is safe. They apparently the treaty allows for withdrawal if our falling far faster than treaties can keep believe that procedures will make up national interest requires it. And pro- up; arms control isn’t controlling any- for the lack of safety features. The ponents of the treaty promise that if thing—economic and strategic consid- Chernobyl nuclear reactor accident we reach a point where the safety and erations are. Similar forces have led provides us with an example of what reliability of our nuclear deterrent the United States to conclude that its happens when procedures are counted cannot be guaranteed without testing, forces can also be reduced. Thus, de- on to ensure safety rather than putting well then all we need do is exercise our spite a strategic environment com- safety mechanisms in place. Chernobly right to withdraw and resume testing. pletely different from the one that is not the only example where counting This so-called ‘‘supreme national inter- gave birth to the ABM Treaty, its sup- on human operators to follow proce- est’’ clause, along with Safeguard F, in porters stubbornly insist that we must dure for ensuring safety has failed. It which President Clinton gives us his remain a party to it. had been DOE’s objective to install solemn word that he will consider a re- In 1972, only the Soviet Union had safety features which were inherent to sumption of testing if our deterrent the capability to target the United guarantee, to the maximum extent pos- cannot be certified, is supposed to reas- States with long-range ballistic mis- sible, that neither through accident sure us. siles. Today, numerous rogue states are

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Unfortunately, the CTBT ac- United States or deter it from acting in very existence is too important to be tively undermines the Secretary of De- its interests, and these weapons are so overridden by the mere security inter- fense’s stated rationale for the U.S. nu- attractive precisely because we have no ests of the United States. clear arsenal. defense against them—indeed, we are Absurd as such a proposition sounds, For nuclear weapons to serve as a legally prohibited from defending it is the current policy of this adminis- hedge against an uncertain future, against them by the ABM Treaty. tration and it is supported by the very Technologically, too, the ABM Trea- same voices who now urge us to ratify they must be relevant to the threats ty is obsolete. The kinetic kill vehicle this comprehensive test ban. The Clin- we may face. As Iraq demonstrated that destroyed an ICBM high over the ton administration has been reluc- during the gulf war, that threat is Pacific Ocean on October 2 was un- tantly forced by the Congress into tak- often a rogue regime armed with weap- dreamed of in 1972. So was the idea of ing serious action on missile defenses. ons of mass destruction. Hopefully, the a 747 equipped with a missile killing It admits that the system it needs to threat of nuclear retaliation will deter laser, which is under construction now meet our security requirements cannot a rogue regime from using WMD in Washington state, or space-based be deployed under the ABM Treaty. against United States forces and allies tracking satellites like SBIRS-Low, so Yet, so powerful are the voices calling in the theater, as it did in the Iraqi precise that they may make tradi- on the United States to subjugate its case. However, some rogue regimes tional ground-based radars superfluous own security interests to arms control may not be moved by such concerns. in missile defense. Yet this ABM Trea- that the administration is proposing Would North Korea, which appears oth- ty, negotiated three decades ago, changes to the ABM Treaty that—by erwise content to let its people starve, stands in the way of many of these its own admission—will not allow a balk at the prospect of United States technological innovations that could missile defense system that will meet nuclear retaliation/ and for that mat- provide the United States with the pro- our requirements. It has declared what ter, is a United States threat to kill tection it needs against the world’s must be done as ‘‘too hard to do’’ and hundreds of thousands of oppressed new threats. intends to leave the mess it has created North Korean civilian the proper re- These new threats have led to a con- for another administration to clean up. sponse to North Korean WMD use? Is it sensus that the United States must de- All because arms control becomes an a proportionate, morally acceptable ploy a National Missile Defense sys- end in itself. threat to make? If it is not a threat we tem, and a recognition that we are be- That sorry state of affairs, Mr. Presi- would carry out, how credible can it hind the curve in deploying one. The dent, is where we will end up if the be? The answer to these questions lies National Missile Defense Act, calling Senate consents to ratification of the in making sure that the U.S. nuclear for deployment of such a system as Comprehensive Test Ban Treaty. Those arsenal is and remains relevant to the soon as technologically feasible, passed treaty supporters who are saying now, sorts of threats we will encounter in this body by a vote of 97–3, with similar ‘‘don’t worry, there’s an escape clause’’ the ‘‘uncertain future.’’ support in the House. Just as obvious will be the same ones who, 5 or 10 years as the need for this capability is the from now—when there’s a problem with Making the U.S. nuclear arsenal rel- fact that the ABM Treaty prohibits us our stockpile and the National Ignition evant to a world of rogue actors with from deploying it. Clearly, the ABM Facility is still not finished and we dug-in, hardened shelters and WMD ca- Treaty must be amended or jettisoned; find out that we overestimated our pabilities will likely require new weap- the Russians have so far refused to con- ability to simulate the workings of a ons designs. In addition to improving sider amending it so withdrawal is the nuclear weapon—will be saying we dare the safety and reliability of our arse- obvious course of action if United not withdraw from this treaty because nal, new weapons designs tailoring ex- States security interests are to be we owe a higher debt to the inter- plosive power to the threat will be cru- served. national community. cial. For example, in some settings, bi- But listen to the hue and cry at even Mr. President, I don’t represent the ological weapons can be even more the mention of such an option. From international community, I represent deadly than nuclear weapons. By re- Russia to China to France and even to the people of my state. Our decision leasing the agent into the atmosphere, here on the floor of the United States here must serve the best interests of a conventional attack on a biological Senate, we have heard the cry that the the United States and its citizens. Our weapons storage facility might cause United States cannot withdraw from experience with the ABM Treaty is a more innocent deaths than it averted. the ABM Treaty because it has become perfect example of how arms control It is possible that only a nuclear weap- too important to the world commu- agreements assume an importance well on is capable of assuring the destruc- nity. Those who see arms control as an beyond their contribution to the secu- tion of a biological agent in some cir- end in itself inveigh against even the rity of our nation. The Comprehensive cumstances. The U.S. development of consideration of withdrawal, claiming Test Ban Treaty’s unlimited duration the B61–11 bunker buster nuclear weap- passionately that the United States is a virtual guarantee that this agree- on is evidence that, absent the political owes it to the world to remain vulner- ment will prevent us from conducting pressure for arms control, the U.S. ar- able to missile attack. Our participa- nuclear testing long past the point at senal needs these capabilities. tion in this treaty transcends narrow which we decide such testing is nec- The CTBT will stop the United U.S. security interests, they claim; we essary, should we so decide. As our States from developing and deploying have a higher obligation to the inter- ABM experience shows, we should take fourth generation nuclear weapons. national community. After all, if the no comfort from the presence of a so- Further, it will slowly degrade and de- United States is protected from attack, called ‘‘supreme national interest’’ stroy the nuclear weapons design infra- won’t that just encourage others to clause. structure needed to produce new weap- build more missiles in order to retain I urge the defeat of this treaty. ons designs. Thus any promise to with- the ability to coerce us, thus threat- Mr. President, the CTBT is nothing draw from the CTBT in time of need ening the great god of strategic sta- less than an ill-disguised attempt to becomes irrelevant; the capabilities we bility? That phrase, translated, means unilaterally disarm the U.S. nuclear need won’t be there. Without these new that citizens of the United States must arsenal. We have repeatedly confirmed designs, nuclear weapons will ulti- be vulnerable to incineration or attack the need for nuclear weapons in the mately cease to be a credible option for by biological weapons so that other na- U.S. defense force posture. According U.S. decisionmakers in all but a few tions in this world may do as they to this administration’s Secretary of very specific cases. Denying the United please. Defense, ‘‘nuclear forces are an essen- Even though the ABM Treaty is tial element of U.S. security that serve States the nuclear option is the true hopelessly outdated and prevents the as a hedge against an uncertain future intent of the CTBT. United States from defending its citi- and as a guarantee of U.S. commit- Do other countries recognize the util- zens against the new threats of the 21st ments to allies.’’ Most of us recognize ity of new weapons designs? Certainly.

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I hope ‘‘ultralow-yield nuclear weapons with mon denominator of nations may re- in the days ahead we will be able to little effect on the environment.’’ Our quest. reach across the partisan aisle, work ability to detect and identify these This administration had the oppor- together without time limitation or sorts of test, which may resemble con- tunity to negotiate a treaty of less even timeframe, to see if we can find a ventional explosions or small seismic than permanent duration. They origi- way to build adequate support for the events, with any degree of certainty is nally tried a 10-year, opt-out provision ratification of this treaty, or a treaty limited, and the cost of evading detec- but failed in that. They originally, at which will control the proliferation of tion through decoupled underground the request of the Joint Chiefs of Staff, nuclear weapons by prohibiting the tests, masking chemical explosions, were trying not to agree to a zero yield testing of those weapons. I invite my etc., is not prohibitive. While the but to permit hydronuclear tests. But colleagues from both parties to join CTBT’s proposed International Moni- eventually they agreed to a zero yield. with us in that effort in working to- toring System (IMS) will add to the ca- There were requests for better moni- gether with our administration. I hope pabilities available through U.S. na- toring sites around the world, but our we can take from this experience the tional technical means (NTM), it will negotiators gave up on that as well. lessons of what we did not do this time still not provide definitive answers. My point is, in rejecting this treaty and should do next time. While less sophisticated than the tonight the Senate will be strength- The PRESIDING OFFICER. The time Russian program, China has dem- ening the hand of our future nego- of the Senator has expired. The Sen- onstrated that modernized and new tiators who, in talking to their coun- ator from Delaware. weapons designs are on its agenda. Its terparts in the world, will be able to Mr. BIDEN. Mr. President, how much aggressive intelligence-gathering oper- say the Senate is going to insist on cer- time remains in my control? ation aimed at the U.S. nuclear weap- tain minimum standards: That it be The PRESIDING OFFICER. The Sen- ons complex should be clear evidence of verifiable, it be enforceable, that it ator from Delaware has 16 minutes 54 that. China’s willingness to freeze its take the U.S. security interests seri- seconds remaining. nuclear modernization program simply ously, and unless that is done we can- Mr. BIDEN. How much time remains to comply with a treaty should also be not possibly agree to these terms. in control of my friend? suspect—China has repeatedly dem- By rejecting this treaty this evening, The PRESIDING OFFICER. The Sen- onstrated that it is willing to act con- I believe we will be sending a very ator from North Carolina has 10 min- trary to its international commit- strong message that as the leader of utes remaining. ments in areas of keen United States the world, the United States will insist Mr. HELMS. Will the Senator forgive interest like the Missile Technology on certain minimal standards to the me; I overlooked Senator WARNER. Control Regime (MTCR). ‘‘Norms’’ and treaties. Our negotiators in the future Mr. BIDEN. Surely. diplomatic peer pressure will not dis- will be better able to negotiate the pro- Mr. WARNER. I thank my distin- suade China from nuclear testing. visions. And in the future, the Senate guished colleagues. Based on these observations, what the will be in a position to ratify a treaty My dear friend and partner in the CTBT will create is a frozen, degrading rather than having to reject what is venture for a letter, Senator MOY- U.S. nuclear weapons program, improv- clearly an inferior treaty. NIHAN, addressed the letter in his re- ing Russian and Chinese arsenals, and I urge my colleagues to reject this marks. First, we expressed it was an ef- a host of rogue regimes increasingly treaty. fort in bipartisanship by a large num- aware that the United States nuclear The PRESIDING OFFICER. The Sen- ber of Senators—I but one; Senator threat is deficient. ator from Delaware. MOYNIHAN two. This letter will be Let me conclude my remarks. I think Mr. BIDEN. I yield 2 minutes to the printed in the RECORD following the as we close this debate, it is important distinguished Senator from Con- vote. to reflect for a moment on what the necticut. I thank the Chair. constitutional responsibilities of the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Senate are. In binding the American ator from Connecticut is recognized for ator from Delaware. people to international treaties, the 2 minutes. Mr. BIDEN. Mr. President, I have Senate is a coequal partner with the Mr. LIEBERMAN. Mr. President, the spoken to our leader. I am going to President of the United States, whose good-faith efforts of people on both close the debate on our side. I will use people negotiate treaties which he sides of the aisle to avoid a vote, know- any time up to the amount of time signs and then sends to the Senate for ing that there were not votes in the that I have available. its advice and consent. Senate to ratify this treaty, have obvi- My friend from North Carolina It would help if he asked the Senate’s ously failed. The vote will occur soon, knows—I guess when people listen to advice before he requested our consent, and the votes are not there to ratify us on the air they must wonder. We go but in this particular case his nego- the treaty. That, in my opinion, is pro- through this, ‘‘my friend from North tiators tried in certain circumstances foundly unfortunate. There is plenty of Carolina’’ and ‘‘distinguished Senator to gain provisions in this treaty which blame to be passed all around for that from.’’ I imagine people, especially eventually they concluded they could result. kids or youngsters in high school and not get, and as a result, negotiated I think at this moment we all should college, must look at us and say: What what Senator LUGAR of this body has not look backward but look forward, are they talking about, unless they un- called a treaty not of the same caliber and particularly say to our friends and derstand the need for good manners in as previous arms control treaties; a allies and enemies around the world a place where there are such strong dif- treaty that is flawed in a variety of that this vote tonight does not send a ferences, where we have such deep-seat- ways he pointed out, including the fact signal that the majority of the Amer- ed differences on some issues, where I it is not verifiable and it lacks enforce- ican people and their Representatives must tell you—and I am not being ability. in Congress and in the Senate are not melodramatic—my heart aches because My view is that the Senate can fulfill profoundly concerned about nuclear we are about to vote down this treaty. its constitutional responsibility not by proliferation and are not interested in I truly think, I honestly believe that, being a rubber stamp to the adminis- arriving at a treaty that genuinely will in the 27 years I have been here, this is tration but by in effect being quality protect future generations from that the most serious mistake the Senate control by sending a message that the threat. has ever made—or is about to make. U.S. Government, embodied in the Sen- At times in this debate I was heart- But that does not detract from my ate, will insist on certain minimum ened by statements, including those respect for the Senator from North

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Be- I said what I am about to say: It is true, absolute way you know what is cause of the traditions of this body and absolutely accurate. going to happen: test it in the atmos- the rules of the Senate, we live to fight He said: But it is different from what phere. another day. my friend from Virginia said, Senator As the Presiding Officer knows, we My friend knows we came the same WARNER said. have done without atmospheric testing year; we came the same date; we came I said: I love him, but he is flat for 36 years. We accepted the sup- at the same time. I will promise him, wrong. He is flat wrong. posedly degraded confidence in our nu- and he will not be surprised, I will use I don’t think anybody is inten- clear stockpile that results from this every remaining day of this Congress tionally misleading anybody. I do lack of full-blown testing. to try to fight him on this issue—even think we haven’t hashed this out. Why have we accepted that? Because though I am about to lose, we are For example, there is a condition we balanced the benefits of full-up at- about to lose, my position is about to that we have adopted by unanimous mospheric testing against its disadvan- lose—to try to bring this back up, try consent, part of this resolution of rati- tages, and it was clear that the bene- to push it, try to keep it alive. Because fication we are about to vote on, the fits outweighed the negatives. as the Parliamentarian pointed out, last section of which says: When listing the benefits, we also when you vote this treaty down today, noted how well we could assure the sys- Withdrawal from the treaty: If the Presi- tems performance without these full-up it doesn’t die; it goes to sleep. It goes dent determines that nuclear testing is nec- back to bed. It jumps over that marble essary to assure with a high degree of con- tests. When listing the disadvantages, we included cost, risk of collateral counter there, back over the desk to fidence the safety and reliability of the damage, environmental risk, radio- the Executive Calendar to be called up United States nuclear weapons stockpile, the President shall consult promptly with the active fallout, and the diplomatic or again. Senate and withdraw from the treaty. I warn you all, I am going to be a military costs that would have been in- thorn in your side, not that it matters He has no choice. He must withdraw. curred if we had rejected or withdrawn from the Limited Test-Ban Treaty much, but I am going to keep harping My friend from Virginia character- which was signed in 1963. at it. I am going to keep beating up on izes this treaty as having no way out. If, however, the President is told by Similarly today, we have to consider you; I am going to keep talking about both the benefits and the disadvan- it; I am going to keep at it, keep at it, the National Laboratory Directors, by the Secretary of Defense, the Secretary tages of insisting upon the right to keep at it. conduct underground nuclear testing. When we started this off, my objec- of Energy, ‘‘We can’t guarantee any We should include in our calculus the tive was to get the kind of hearings—I more, boss,’’ he must inform us and he must withdraw. fact that the Resolution of Ratification know my friend says we have had hear- of this treaty requires the President to ings—the kind of hearings we have had That is an illustration of what I mean. Here are two honorable men, withdraw from the treaty if he ‘‘deter- on other significant treaties—10, 12, 15, mines that nuclear testing is necessary 18 days of hearings. The ‘‘sense of the two men of significant experience, ask- ing one another and asking each of to assure, with a high degree of con- Senate’’ amendment that I was pre- fidence, the safety and reliability of pared to introduce two weeks ago their staffs: Which is right? In one sense, it is clear what is right: the United States nuclear weapons called for Foreign Relations Com- stockpile.’’ mittee hearings beginning this fall and we haven’t had much time to talk about it. We haven’t had much time to Guess what? Every year now, under final action by March 31, 2000. the law, the Secretary of Energy and talk about it. That is what I was looking for be- the Secretary of Defense must not only The debating points and counter- cause I truly believe that, were the go to the President, but must come to points are too many to summarize in a American people and our colleagues the Senator from Nebraska, the Sen- short statement in the probably 12 able to hash this out in the way we de- ator from Delaware, the Foreign Rela- minutes I have left. But the themes of signed this body to work, we would, in tions Committee, the Armed Services this debate are clear and so are the fal- fact, find accommodation for all those Committee, and they must tell us, as lacies that underlie the arguments of concerns that 67 Senators might have; well as the President, whether they can those who oppose the treaty, at least not 90, but probably 67, 68—70. I truly certify the continued safety and reli- the arguments made most repeatedly believe that. I truly believe that. ability of the stockpile. If they cannot Instead, we got one quick week of on the floor. certify, and if we adopt this Resolution hearings, with the Committee on For- The first theme of the treaty oppo- of Ratification, the President has to eign Relations holding only one day of nents is that, while our nuclear weap- withdraw from the treaty. hearings dedicated to this treaty, the ons stockpile may be—they don’t say We will likely differ in our calcula- day after the committee was dis- ‘‘may’’, they say ‘‘is’’—safe and is reli- tions of the balance between advan- charged of its responsibility. able today, there is no way to do with- tages and disadvantages of That abdication of committee re- out nuclear testing forever. That is the foreswearing underground nuclear test- sponsibility was perhaps only fitting, first theme that is promoted by the op- ing. But we should all reject the fallacy as most Republicans appear prepared ponents. that there is no substitute for con- to force this great country to abdicate This argument is based on a fallacy tinuing what we did in the past. its responsibility for world leadership rooted in our nuclear weapons history. The second theme that opponents of on nuclear non-proliferation. The history is that our nuclear testing the treaty keep putting out is that we But let me say that in this floor de- has supported a trial-and-error ap- have to reject this treaty because it is bate, I have attempted at least to an- proach to correcting deficiencies, rath- not perfectly verifiable. This argument swer attacks leveled by treaty oppo- er than rooting our weapons in detailed is based upon a fallacy rooted in slo- nents. Neither side has been able to scientific knowledge of how a nuclear gans and fear. The fear relates to the delve very deeply, however, given the reaction works. history of arms control violations by time constraints and lack of balanced, The fallacy is that nuclear weapons the Russians and the Soviet Union. The I think, detailed knowledge on the part must be subjected to full-up, ‘‘inte- slogans are Ronald Reagan’s election- of our Senate. grated’’ testing. That is a fallacy. The year demand: Effective verification. For example, the distinguished Sen- truth is, rarely do we fully test major And his later catch phrase: Trust but ator from Rhode Island and the Sen- systems. Rather, we test components verify. ator from Virginia are both friends. or conduct less than full tests of com- This body has never demanded per- They are World War II vets. They have plete systems. fect verification.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12543 Consider the vote we had on the INF fidence in our nuclear weapons, or by ing and we do not believe that you can Treaty that eliminated land-based in- prompt action to fix any problems—in- maintain your interests without test- termediate-range missiles. That treaty cluding mandatory withdrawal from ing, so have at it. was signed by President Reagan. Presi- this treaty if the President determined We should all consider that this may dent Reagan, the same man who signed that testing was necessary. be a major turning point in world af- the treaty, also coined the phrase Rejection of this treaty would not fairs. If we should reject this treaty, we ‘‘trust but verify.’’ greatly increase the speed with which a may later find that ‘‘the road not Was the INF Treaty perfectly nuclear test could be conducted, if one taken,’’ in Robert Frost’s famous verifiable? No. Nobody in the world were necessary. The nuclear stockpile phrase, was, in fact, the last road back suggested it was perfectly verifiable. certification process already forces an from the nuclear brink. Listen to what the Senate Intelligence annual decision on whether to resume I heard, in closing—the last comment Committee said before we voted on testing, and the treaty would impost I will make—my friend say: Our allies Ronald Reagan’s INF Treaty. They only a six-month delay after notice of will lose confidence in us if we ratify said: our intent to withdraw. That means a this treaty. The fact is, however, that Soviet compliance with some of the trea- total lag of 6 to 18 months between dis- Tony Blair called today and, to para- ty’s provisions will be difficult to monitor. covering a problem and being free to phrase, said: For God’s sake, don’t de- The problem is exemplified by the unre- test—roughly what officials say is the feat this treaty. He is the Prime Min- solved controversy between the Defense In- minimum time that it takes to mount ister of England, our No. 1 ally. telligence Agency and other intelligence a serious nuclear weapons test, any- The German Chancellor said: Please agencies over the number of SS–20s in the way. ratify, in an open letter. The President Soviet inventory. By contrast, however, the worst-case of France, Jacques Chirac, said: Please We did not even know how many SS– scenario of Treaty supporters might ratify. So said our allies. 20s, intermediate-range missiles, they not be so limited. As Larry Larry Eagleburger’s conclusion is had. The Intelligence Committee went Eagleburger, who served as Secretary one with which I shall end. His conclu- on to say: of State at the end of the Bush Admin- sion was: Ground-launched cruise missiles pose a istration, wrote in Monday’s Wash- The whole point of the CTBT from the particular difficult monitoring problem as ington Times: American perspective is get other nations to they are interchangeable long-range, sea- stop their testing activities and thereby The all-important effort of the United based launch cruise missiles. lock-in—in perpetuity—the overwhelming States to stem the spread of nuclear weapons Which the INF Treaty did not ban. U.S. advantage in weaponry. There is no around the world is about to go over a cliff other way to interpret a vote against this This was not verifiable. Where were all unless saner heads in Washington quickly treaty than as a vote in favor of nuclear you guys and women when the Reagan prevail. testing of other nations. It would stand on treaty was up here? God love him: Eighty years ago, this body rejected its head the model of U.S. leadership on non- Trust but verify. I challenge anyone to the Treaty of Versailles that ended the proliferation matters we have achieved for come to the floor in the remaining First World War. Woodrow Wilson’s vi- over 40 years. minutes and tell me that the INF Trea- sion of a League of Nations to keep the If the Senate cannot bring itself to do the ty was perfectly verifiable. right thing and approve the treaty, then sen- peace was turned down by a Senate ators should do the next best thing and pull I love this double standard. You won- that did not want to accept such a U.S. it off the table. der why some of us on this side of the responsibility in the world. While that As I used to say in a former profes- aisle think this is about politics. vote was understood to be significant sion, I rest my case, but in my former The fallacy is clear: Nobody really at the time, nobody could foresee that profession, when I rested my case, I as- believes in perfect verification. The our refusal to take an active role in sumed I would win. I know I am going Senate approved Ronald Reagan’s INF Europe’s affairs would help lead to a to lose here, but I will be back. I will Treaty by a vote of 93–5, despite the Second World War only two decades be back. I yield the floor and reserve fact that we knew the INF Treaty was later. the remainder of time, if I have any. far from verifiable. The legitimate Today, eight years after the Cold The PRESIDING OFFICER. The Sen- verification questions are how well can War’s end, the Senate is presented with ator from North Carolina. we verify compliance and whether our a different kind of collective security Mr. HELMS. Mr. President, how national security will be threatened by proposition—an international treaty much time do we have left on this side? any undetected cheating that could that can meaningfully reduce the dan- The PRESIDING OFFICER. The Sen- occur. ger that nuclear weapons will spread, a ator from North Carolina has 9 minutes I say to my colleagues, we should end treaty enforced by an army of inspec- 30 seconds. the pretense that only a perfectly tors and a global system of sensors. Mr. HELMS. Mr. President, my verifiable treaty is acceptable. The We cannot tell what the precise con- friend, Senator BIDEN, began with an only perfectly verifiable treaty is one sequences of our actions are going to allusion to the young people listening that is impossible to be written. be this time, but the world will surely by television about how we call each Each side in this debate has agreed watch and wonder if we once again ab- other distinguish Senators and various that the approval or rejection of this dicate America’s responsibility of other good things, and that is called treaty could have serious con- world leadership, if we once again courtesy. I call him a distinguished sequences. I suggest that we pay some allow the world to drift rudderless into Senator, and I admire JOE BIDEN. He attention to each side’s worst-case sce- the stormy seas of nuclear prolifera- knows I do. I cannot outshout him. He narios. tion. has far more volume than I. I have used Opponents of the treaty have warned World War II was a time of horror my windpipes a little bit longer than that a permanent ban on nuclear weap- and heroism. A world of nuclear wars he has. ons tests could result in degraded con- will bring unimagined horror and little Let me tell you about JOE. He is a fidence in the U.S. deterrent, perhaps room for the heroism of our fathers. We good guy. He is a good family man. He leading other countries to develop all pray that our children and grand- goes home to Delaware every night. He their own nuclear weapons. Treaty sup- children will not live in such a world. comes back in the morning. Sometimes porters have warned that rejection of Will the votes today have such a he is not on time for committee meet- this treaty could lead to a more unsta- major, perhaps awful, consequence? We ings and other things, but we take ac- ble world in which all countries were cannot say for sure, but I end by sug- count of that. But you can bank on JOE freed of any obligation to obey the gesting to all that the chance being BIDEN in terms of his vote. He is going Test-Ban Treaty. taken by those who are worried about to vote liberal every time. I have never Neither of these worst-case outcomes our ability to verify compliance and known him—and I say this with re- is very palatable. Any degraded foreign our ability to verify the stockpile is far spect—to cast a conservative vote. And confidence in the U.S. deterrent would outweighed by the chance we take in that is the real difference. be limited, however, either by annual rejecting this treaty and saying to the I believe it is essential that the Sen- certification of our own high con- entire world: We are going to do test- ate withhold its consent and vote to

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A National more important than ever. vances our potential enemies may Security Strategy for A New Century, I The level of threat posed by another make. Perhaps they will make discov- quote: ‘‘Our nuclear deterrent posture nation has two parts—the nation’s ca- eries of countermeasures that make is one of the most visible and impor- pabilities to inflict damage upon us, our delivery systems outmoded. Or, tant examples of how U.S. military ca- and the intent to do so. Since the end perhaps they will acquire ever more po- pabilities can be used effectively to of the cold war, Russia’s intent, clear- tent offenses, just as Iraq, Russia, and deter aggression and coercion . . .’’ ly, is peaceful. This has not changed North Korea have acquired highly viru- And, quote ‘‘The United States must Russian nuclear capabilities, however. lent biological weapons. continue to maintain a robust triad of If Russia’s government were to change If the future does bring new chal- strategic forces sufficient to deter any to a hostile one tomorrow, the level of lenges to our existing arsenal, I think hostile foreign leadership . . .’’ threat posed by Moscow would be even we ought to be in a position to mod- The strategy of nuclear deterrence greater than it was during the cold ernize our stockpile to meet those that for decades has played such a cru- war. challenges. The directors of our nu- cial role in preserving peace without Unlike the United States, Russia has clear weapons design laboratories have resort to war would be damaged, per- not stopped improving on its nuclear told us that we cannot modernize our haps beyond repair, in the absence of arsenal. The Russians have continued weapons, for example, to take on the nuclear testing. Make no mistake, the to modernize their nuclear arsenal threat of biological weapons unless we CTBT would harm U.S. security by un- with new warheads and new delivery can test. It therefore seems reasonable dermining the U.S. nuclear deterrent. For the nuclear stockpile to under- systems, despite the end of the cold that we not deny ourselves the ability war. This modernization has been at write deterrence it must be credible to to test. foes. That credibility requires testing. tremendous economic expense and has Again, some people may argue that To deter hardened aggressors who are probably entailed continued nuclear we should join the CTBT and then pull seemingly impervious to reason, there testing. I might also add that Russian out if we need to test. That would be is no substitute for nuclear testing to nuclear doctrine has continued to terribly foolish. We all know how po- provide the most convincing dem- evolve since the end of the cold war, litically difficult it is to pull out of a onstration of the U.S. nuclear stock- and now Moscow relies even more on treaty, no matter how strong the argu- pile and U.S. will to maintain nuclear its nuclear deterrent for defense than ments are for doing so. It is better to deterrence. it did before. not join in the first place. The strategy of nuclear deterrence But, Russian is not the only poten- In conclusion, let me reiterate my also requires that U.S. leaders have tial threat. The greater danger may support for keeping our nuclear deter- confidence that the nuclear stockpile come, ultimately, from China. As you rent strong. The nuclear arsenal pro- will work as intended, is safe and reli- know, Chinese espionage has yielded tects us against attacks from other na- able. Only testing can provide that great fruit, including United States nu- tions that might use weapons of mass confidence to U.S. leaders, and to our clear weapons designs and codes, as destruction against us. It tells them si- European and Asian allies who depend well as intelligence on our strategic lently that the cost of any aggression on the U.S. nuclear deterrent for their nuclear submarine force. China contin- is too high. We need to keep sending security. In the past, nuclear testing ued nuclear testing long after the that signal to them, and nuclear test- has uncovered problems in given types United States undertook a self-imposed ing will help us do that. of weapons, and also assured that those nuclear test moratorium in 1992. And, Mr. President nuclear deterrence was problems were corrected, permitting undoubtedly, it can continue secret nu- crucial to U.S. and allied security confidence in the reliability of the clear testing without our being able to throughout the cold war, and it will be stockpile. detect it. no less important in the future. The The absence of testing would under- Other threats also abound. One of the enormous benefit of America’s nuclear mine both the credibility of the U.S. most serious is from North Korea, deterrent is that it protects U.S. inter- nuclear deterrent in the eyes of would- which remains in noncompliance with ests and safeguards the peace without be aggressors and the confidence of the Nuclear Nonproliferation Treaty the use of force. U.S. leaders in the strategy of nuclear and is continuing to build missiles that It is clear that on several occasions, deterrence. can be used for nuclear weapons deliv- notably during the Cuban missile cri- In addition, an effective strategy of ery. sis, nuclear deterrence kept the cold nuclear deterrence requires that the In this uncertain world, it is not war from becoming a shooting war. nuclear stockpile be capable of deter- enough to simply retain a nuclear arse- Now that the cold war is over, has nu- ring a variety of aggressors and chal- nal. We need a true nuclear deterrent. clear deterrence become less impor- lenges. New and unprecedented threats A nuclear arsenal becomes a nuclear tant? The answer is no. During the first to United States security are emerging deterrent only when we have convinced conflict of the post-cold-war period, as a variety of hostile nations, includ- potential enemies that we will use that the 1991 gulf war with Saddam Hussein, ing North Korea and Iran, develop mass arsenal against them if they attack us nuclear deterrence undoubtedly saved destruction weapons and their delivery or our allies with weapons of mass de- thousands, possibly tens of thousands means. The U.S. nuclear deterrent struction. This means we must do two of lives. How? Saddam Hussein was de- must be capable against a wide spec- things. First, we must maintain the ar- terred from using his chemical and bio- trum of potential foes, including those senal in workable, reliable condition. logical weapons because he feared the who are desperate and willing to take Second, we must clearly communicate United States would retaliate with nu- grave risks. The nuclear stockpile in- our willingness to use the arsenal. We clear weapons. That is not my interpre- herited from the cold war is unlikely to must not forget: a weapon does not tation of the gulf war; it is what senior be suited to effective deterrence across deter if your enemy knows that you Iraqi leaders have said. The gulf war this growing spectrum of potential won’t use the weapon. experience illustrates that as chemical, challengers. America’s strategy of nu- Nuclear testing, historically, has per- biological and nuclear weapons con- clear deterrence will become increas- formed both the maintenance and com- tinue to proliferate, the U.S. nuclear ingly unreliable if the U.S. nuclear ar- munications functions. Testing kept deterrent will become even more vital senal is limited to that developed for a the arsenal reliable and modern. Very to our security. very different time and challenger. Nu- importantly, it also signaled to poten- While Washington must be prepared clear weapons of new designs inevi- tial enemies that we were serious for the possibility that nuclear deter- tably will be necessary; and as the di- about nuclear deterrence. rence will not always safeguard the rectors of both nuclear weapons design

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12545 laboratories have affirmed, nuclear enemy armed with chemical and bio- would call into question the safety, se- testing is necessary to provide con- logical weapons, there is strong evi- curity, and reliability of U.S. nuclear fidence in the workability of any new dence that our nuclear weapons played weapons, as well as their credibility design. In short, nuclear testing is the a vital role in deterring Saddam from and operational utility. Consequently, key to confidence in the new weapons using these weapons in a way that should the United States move forward design that inevitably will be nec- would have changed the face of the gulf with ratification of the Treaty, it is essary to adapt our nuclear deterrent war, and perhaps its outcome. likely to have the profound adverse ef- to a variety of new challengers and cir- While the U.S. nuclear deterrent fect of encouraging further prolifera- cumstances. today inspires fear in the minds of tion of weapons of mass destruction. Finally, the U.S. strategy of nuclear rogue-type adversaries, U.S. nuclear This would be in the most fundamental deterrence cannot be sustained without capabilities will erode in the context of way detrimental to U.S. national secu- a cadre of highly trained scientists and a CTBT. Inevitably, as both we and rity objectives. engineers. That generation of sci- they watch this erosion, the result will Mr. President, a cornerstone of arms entists and engineers that served suc- be to encourage these states to chal- control is the ability of the U.S. gov- cessfully during the cold war is passing lenge our commitment and resolve to ernment to verify compliance. In U.S. rapidly from the scene. Nuclear testing respond to aggression. Much less con- bilateral agreements such as the Stra- is critical to recruit, train, and vali- cerned by the U.S. ability—and there- tegic Arms Reduction Treaty, and the date the competence of a new genera- fore its willingness—to carry out an Intermediate Nuclear Forces Treaty, tion of expert to maintain America’s overwhelming response, they will like- the Senate has insisted on provisions nuclear deterrent in the future. ly pursue even more vigorously aggres- in the treaty that would provide for a Mr. President, there is no credible sion in their own neighborhoods and combination of cooperative measures evidence that the CTBT will reduce nu- beyond. To support their goals, these including on-site inspection, as well as clear proliferation. None of the so- states will almost certainly seek addi- independent national technical means called ‘‘unrecognized’’ nuclear states— tional and ever more capable weapons of verification to monitor compliance. India, Pakistan and Israel—will be con- of mass destruction—chemical, biologi- Such provisions have been almost en- vinced by this Treaty to give up their cal and nuclear—to deter American tirely absent in multinational arms control agreements. It is not surprising weapons programs. Most important, intervention with our conventional su- that international agreements such as those states that are currently seeking periority. They may also be more will- the Biological Weapons Convention, nuclear weapons—including Iran, Iraq ing to employ weapons of mass destruc- the Nuclear Non-Proliferation Treaty, and North Korea a state that probably tion on the battlefield in an effort to the Missile Technology Control Re- already has one of two nuclear weap- disrupt, impede, or deny the United gime, and the Chemical Weapons Con- ons—will either not sign the Treaty or, States the ability to successfully un- vention are ignored by nations whose equally likely, will sign and cheat. dertake military operations. security calculation drives them to ac- These countries have demonstrated the By calling into question the credi- quire weapons of mass destruction and value they ascribe to all types of weap- bility of the ‘‘extended deterrent’’ that their means of delivery. The CTBT is ons of mass destruction and are not our nuclear weapons provided for key likely to sustain the tradition of non- going to give them up because others allies in Europe and Asia, the CTBT compliance we have so widely observed pledge not to test. They also know that could also spur proliferation of nuclear with other multilateral arms control they do not need to test in order to weapons by those states who have long agreements. The problem with the have confidence in first generation relied on the U.S. nuclear guarantee. CTBT is particularly acute because na- weapons. The United States did not For over half a century, the United tional technical means of verification test the gun-assembly design of the States has successfully promoted non- do not exist to verify compliance. ‘‘little boy’’ weapon in 1945; and the proliferation through the reassurance There is some relevant arms control South Africans and other more recent of allies that their security and ours history on this point. proliferators did not test their early were inseparable. U.S. nuclear weapons In the 1980’s, the United States nego- warhead designs. have always been a unique part of this tiated a threshold test ban treaty with Contrary to its advertised purpose, bond. Formal allies such as Germany, the former Soviet Union, FSU. This and in a more perverse and bizarre Japan and South Korea continue to agreement limited nuclear tests to a way, the CTBT could actually lead to benefit from this protection. Should specific yield measured in equivalent greater proliferation not only by our the U.S. nuclear deterrent become un- explosive energy in tons of TNT. Com- adversaries but also by several key al- reliable, and should U.S. allies begin to pliance with this agreement could not lies and friends who have long relied on fear for their security having lost faith be verified by national technical means the American nuclear umbrella as a in the U.S. guarantee, it is likely that of verification. Very specific coopera- cornerstone of their own security pol- these states—especially those located tive measures were required to render icy. In other words, if the CTBT were in conflict-laden regions—would revisit the agreement vulnerable to to lead to uncertainties that called the question of whether they need their verification of compliance. Specifi- into question the reliability of the U.S. own national deterrent capability. cally, underground nuclear tests were nuclear deterrent, which it certainly Maintaining a reliable and credible limited to designated sites, and each will, the result could well be more nuclear deterrent has also contributed side was required to permit the deploy- rather than less proliferation. to the reassurance of other important ment of sensors in the region where The United States has for many friends in regions of vital interest. For tests were permitted to monitor such years relied on nuclear weapons to pro- instance, Taiwan and Saudi Arabia testing. These extraordinary measures tect and defend our core security inter- have to date shown considerable re- emphasize the limitations of under- ests. In the past, our nuclear weapons straint in light of the nuclear, chem- ground nuclear test monitoring. Tests were the central element of our deter- ical and biological weapons prolifera- that were not conducted at designated rent strategy. In today’s world—with tion in their region, in large part be- sites could not be reliably monitored. weapons of mass destruction and long- cause they see the United States as Moreover, even when we are confident range missiles increasingly available committed and capable of coming to we know where a test will be con- to rogue states—they remain an indis- their defense. While strong security re- ducted, unless we have detailed knowl- pensable component of our national se- lations have encouraged Taipei and Ri- edge of the local geological conditions curity strategy. While serving as a yadh to abstain from their own nuclear and are able to deploy our own sensors hedge against an uncertain future with programs, an unreliable or question- near the site, the limits of modern Russia and China, United States nu- able U.S. nuclear deterrent might actu- science—despite the billions of dollars clear weapons are also essential in ally encourage nuclear weapons devel- invested in various technologies for meeting the new threat of regional opment by these states. nearly half a century—cannot verify states armed with weapons of mass de- In summary, by prohibiting further compliance with national undertakings struction. In fact, in the only contem- nuclear testing—the very ‘‘proof’’ of concerning underground nuclear test- porary experience we have with an our arsenal’s viability—the CTBT ing.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12546 CONGRESSIONAL RECORD — SENATE October 13, 1999 Since the early 1990’s, Russian nu- these ill-thought out multilateral arms verification of a test ban even at that clear weapons scientists and engineers control agreements? We have been re- threshold. have been conducting experiments at a minded of this problem recently. The We understood back then that cheat- test site on the Novaya Zemlya Island Biological Weapons Convention has ing would allow an adversary to mod- in the Russian Arctic. Because these been advertised by the same people ernize new weapons and confirm the re- tests are conducted in underground now advocating the CTBT to be a suc- liability of existing ones. We knew we cavities, it is beyond the limits of mod- cessful example of a universally sub- would never exploit verification loop- ern scientists to be certain that a nu- scribed codification of the rejection of holes for military advantage but were clear test has not been conducted. Two biological weapons by the inter- less sanguine about the forbearance of such tests were carried out in Sep- national community. What has hap- others. We knew that monitoring, de- tember according to the Washington pened in the three decades since its tecting, and identifying noncompli- Post in its report on Sunday, October 3, ratification? The treaty has in fact, ance, let alone verifying it under inter- 1999. No one in the Department of En- been widely violated. Two dozen na- national legal standards, was beyond ergy, the Department of Defense, the tions have covert biological weapons our technical, diplomatic, and legal CIA, or the White House knows what programs. The arms control commu- limits, and we were honest enough to those tests were. Nor can they know. nity—recognizing the treaty’s fun- say so. These could have been nuclear tests damentally flawed character—is now And yet today we are told using a technique for emplacing the seeking to ‘‘put toothpaste back in the verification methods are good enough nuclear device in circumstances that tube’’ by attempting to negotiate to enforce compliance by others with a will deny us the ability to know wheth- verification provisions 30 years after permanent zero-yield test ban while we er or not a nuclear test has been car- the fact. We know from the report of pursue unconstrained nuclear weapons ried out. the Rumsfeld Commission last year modernization by other means our- A technique known as ‘‘decoupling’’ that the technology of nuclear weapons selves. Mr. President, I know that is a well understood approach to con- has been widely disseminated—abetted science has not stood still over the past cealing underground nuclear tests. By by the declassification policies of the 40-plus years. Our monitoring methods suspending a nuclear device in a large Department of Energy. The problem of have no doubt improved. But does that underground cavity such as a salt dome nuclear proliferation is now beyond the mean that from now until forever we or hard rock, the seismic ‘‘signal’’ pro- grasp of arms control. Other measures can verify any nuclear test of any mag- duced by the detonation is sharply re- to protect American security and the nitude, conducted by anyone, any- duced as the energy from the detona- security of its allies from its con- where? And—if we could—that we tion is absorbed by the rock or salt. sequences now must be identified, con- would be equipped to do something The resulting ‘‘signal’’ produced by the sidered, and implemented. We simply about it? The administration wisely blast of the detonation becomes dif- stops short of such absolute claims, but have to face the fact that compliance ficult to distinguish from natural phe- asserts nevertheless that international with the CTBT cannot be verified and nomena. Because decoupling is a sim- verification methods are adequate for no ‘‘fix’’ is possible to save it. The ple, cheap, and reliable means of con- this treaty. cealing nuclear tests, the United scope and pace of the consequences of So I have to ask is it our means of States insisted on a provision in the nuclear proliferation will be magnified detection and verification or our stand- Threshold Test Ban Treaty that under- if the CTBT is verified. ards of foreign compliance that have Mr. President, when Ronald Reagan ground nuclear tests could only be un- ‘‘evolved’’ over the past 44 years? I re- said ‘‘trust but verify’’ he expressed dertaken in specific agreed-upon sites. alize that perfect verification is what most Americans feel about arms The unfeasibility of monitoring com- unachievable. The U.S. is party to control treaties that limit the tools of pliance with a CTBT if a nation decides many treaties—some good, some bad— to use decoupling techniques to conceal U.S. national security. They know we that are less than 100% verifiable. But nuclear tests. This has been acknowl- will abide scrupulously by our legal ob- the administration’s belief—that this edged by the Intelligence Community. ligations and would like to live in a CTBT is so important that we should The Community’s chief scientist for world where others do the same. But bind ourselves forever to its terms any- the Arms Control Intelligence Staff, since we do not live in such a world, way—does not flow logically from that Dr. Larry Turnbull stated last year. they expect us to avoid treaties whose premise. The decoupling scenario is credible verification standards are less demand- Previous administration have pro- for many countries for at least two rea- ing than our own compliance stand- posed bans on nuclear tests above cer- sons: First, the worldwide mining and ards. tain yields despite sub-optimal means petroleum literature indicates that The Comprehensive Test Ban Treaty of monitoring compliance by appealing construction of large cavities in both now before us for advice and consent to their ‘‘effective’’ rather than ‘‘fool- hard rock and sale is feasible with would be a radical departure from tra- proof’’ verification provisions. The Car- costs that would be relatively small ditional U.S. approaches to the ces- ter administration employed that compared to those required for the pro- sation of nuclear testing. Despite its standard to promote a ten-year ban on duction of materials for a nuclear de- superficial attractiveness there are two tests above two kilotons. They knew a vice; second, literature and symposia enduring reasons why no previous ad- lower threshold would stretch credu- indicate that containment of particu- ministration has ever advocated a per- lity despite the seemingly infinite elas- late and gaseous debris is feasible in manent, zero-yield test ban. The first ticity of ‘‘effective verification.’’ both sale and had rock. is that we’ve never apologized for rely- Mr. President, ‘‘effective The reduction in the seismic ‘‘signal’’ ing on low yield underground tests to verification’’ is an intentionally vague can diminish the apparent yield of a assure the safety and reliability of our political term-of-art, but as the old nuclear device by as much as a factor nuclear deterrent. saying goes, we all ‘‘know it when we of 70. The effectiveness of concealment Others and I will have more to say see it.’’ for the CTBT, it should mean measures means that potential about that issue, but right now I will we have high confidence that we can proliferators can develop the critical focus on the second reason we’ve never detect within hours or days any clan- primary stage of a thermonuclear (hy- catered to the anti-nuclear sentiments destine nuclear test that would provide drogen) weapon. It can do so with the behind a zero-yield test ban. In the a cheater with militarily significant knowledge that science does not permit 1950’s—when international nuclear dis- weapons information. detection of a decoupled nuclear test in armament really was a stated objective If the administration attaches a dif- a manner that will permit verification of U.S. policy—President Eisenhower’s ferent meaning to the term, we are en- of compliance with a CTBT or any ‘‘comprehensive’’ test ban applied to titled to know that. If not, we are enti- other bilateral or multilateral arms tests above four or five kilotons. But tled to know precisely what nuclear control agreement intended to restrain after studying it for a few years he tests yields do provide militarily sig- nuclear testing. turned instead to nonproliferation and nificant information, and whether the How much risk must the United limited test ban proposals because he CTBT’s verification system can detect States continued to be exposed by realized he could not assure them down to that level.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12547 As they are pondering those ques- Would it really be worth it for 5 kilo- maintain a nuclear edge both in qual- tions, permit me to offer some assist- tons? What if comparable events arise ity and quantity. I believe President ance. Those who test new weapons and days, weeks, or months apart? What if Eisenhower would not have supported a track the deterioration of old ones will new information bearing on the event treaty that gave others an advantage, tell you that Carter’s two-kiloton arises after the elaborate inspection as this treaty clearly does. threshold would have permitted sci- process has run its course? What if we President Kennedy’s views of a nu- entifically valuable U.S. nuclear tests develop comparable suspicions of the clear test ban were much the same as (which Clinton’s CTBT would disallow) same state frequently? How many of Eisenhower’s. He did not support a zero bearing directly on the reliability of these would it take before the United yield test ban. In fact, hydronuclear our nuclear deterrent. States is branded as a ‘‘pest’’ by the tests were conducted secretly in the So, let me rephrase the question. anti-nuclear crowd that is pushing this Nevada desert during President Ken- Let’s say evidence suggests a foreign treaty? What if only our friends agree nedy’s administration. He also did not test in, say, Novaya Zemlya, North with our judgments? Or, perish the support a ban of unlimited duration. Korea, Iran’s territorial waters, or thought, if even our ‘‘friends’’ don’t? Kennedy broke out of the testing mora- somewhere near the Tibetan moun- How many pointless, frustrating, in- torium after the Soviet Union tested tains. Let’s say it indicates an explo- conclusive OSI exercises would have to on September 1, 1961. At that time the sion of five kilotons—250 percent of proceed our exercise of ‘‘Safeguard F’’ world was shocked that the Soviets what Carter would have allowed. Let’s withdrawal rights? were able to begin an aggressive series say the test did not take place in a In short, Mr. President, the CTBT is of 60 tests within 30 days. Equally ‘‘decoupled’’ cavity and, unlike the long on President Reagan’s ‘‘trust’’ re- shocking was the realization that the Pakistani test of May 1998, that the quirement, but fatally short on his Soviets had been planning for the tests suspect state did not disable in-country ‘‘verify’’ requirement. I don’t see how a for at least six months, while at the seismic stations. single Senator can vote in favor of its same time negotiating with the United Now, will the IMS reliably detect ratification. States to extend the test moratorium. that test within hours or days with Mr. President, I want to clarify a The Kennedy and Johnson administra- high confidence? Will is promptly iden- point in regard to the Comprehensive tions did agree to the Limited Test Ban tify the test and its precise location? Test Ban Treaty, and to set the record Treaty which banned nuclear blasts in Will it quickly differentiate it from straight concerning the heritage of the the atmosphere, space, or under water, mining excavations and plant disas- treaty that the Senate is now consid- but not underground as the CTBT does. ters? ering. And if it does: Will the requisite 30 President Nixon did not seek to ban The treaty before the Senate is not, nuclear tests, although he agreed to members of the 51-member CTBT Exec- as some have led us to believe, the utive Council immediately support an limit tests above 150 kilotons. product of nine administrations. Cer- James Schlesinger, President Jimmy on-site inspection on the basis of that tainly Ronald Reagan, George Bush, IMS input? Carter’s Secretary of Energy tell us Gerald Ford, Richard Nixon, and that President Carter only sought a 10- Will the Executive Council issue an Dwight D. Eisenhower have no ties to inspection request even if the state in year treaty and sought to allow tests of this treaty. And, the administrations question was the last one inspected and up to two kilotons. of John F. Kennedy, Lyndon Johnson cannot be challenged consecutively? Presidents Reagan and Bush did not With the alleged cheater welcome a and Jimmy Carter’s never proposed pursue a comprehensive test ban of any team of top caliber experts and escort this treaty. The fact is, no other ad- kind or duration. Some point to Presi- them to the suspected location prompt- ministration has any tie whatsoever to dent Bush’s signing of the Hatfield/ ly on the basis of that input? the treaty that is being considered by Exon/Mitchell legislation limiting the Will inspectors be allowed to use the Senate. The administration would United States to a series of 15 under- state-of-the-art inspection equipment like you to think that the treaty has ground tests before entering a ban on in and around all suspect facilities on had decades of support. Not so. This testing as evidence that President the basis of that input? treaty is all Bill Clinton’s. No other ad- Bush supported this comprehensive Let’s say the IMS and Executive ministration has ever supported a zero test ban treaty. This is not correct. On Council overcome all of those impedi- yield, unlimited duration nuclear test the day he left office, President Bush ments and call for an on site inspection ban treaty barring all tests. repudiated the Hatfield legislation and of the suspected state. Now, do you Well, they’ll say, the idea of limiting called for continuation of underground suppose a state that conducted a clan- nuclear testing has been endorsed since nuclear testing. He said, I quote, the Eisenhower administration. Well, destine nuclear test might be prepared The administration strongly urges Con- to exercise any of the following rights that may be, but supporting an idea gress to modify this legislation urgently in explicitly granted under the CTBT’s and endorsing the specifics of a con- order to permit the minimum number and ‘‘managed access’’ principle: crete proposal are two different things. kind of underground nuclear tests that the Deny entry to the inspection team President Clinton and I both support United States requires, regardless of the ac- [88(c)]? Refuse to allow representatives tax cuts. We both support missile de- tion of other states, to retain safe, reliable, of the United States (as the chal- fense. We even both say we’re for main- although dramatically reduced deterrent lenging state) to accompany the in- taining a strong nuclear deterrent. It’s forces. spectors [61(a)]? Delay inspectors’ in examining the specific tax cuts, mis- That brings us to the Clinton admin- entry for up to 72 hours after arrival sile defense proposals, and methods of istration. Only President Clinton has [57]? Permanently exclude a given indi- maintaining our nuclear security that sought a zero yield, unlimited duration vidual from any inspections [22]? Veto we differ. treaty, and he has not even held that the inspection team’s use of particular President Eisenhower’s name has position for the entirety of his admin- equipment [51]? Declare buildings off- been invoked here a number of times istration. For the first 21⁄2 years, this limits to inspectors [88(a); 89(d)]? De- by Members supportive of the treaty. administration pursued a treaty that clare several four-square-kilometer The implication is that Eisenhower is would allow some level of low yield sites off-limits to inspectors? [89(e); 92; somehow the father of the CTBT. A re- testing. As recently as 1995, the Depart- 96]? Shroud sensitive displays, stores, view of the historical record reveals ment of Defense position was that it or equipment [89(a)]? Disallow collec- that President Eisenhower’s adminis- could support a CTBT only if tests of tion/analysis of samples to determine tration proposed a test ban only of lim- up to 500 tons were permitted. As a the presence or absence of radioactive ited duration. Eisenhower only sup- concession to the non-nuclear states, products [89(c)]? ported the test moratorium that began the Clinton administration dropped Mr. President, even if we truly be- in 1958 because he was assured that the that proviso and agreed to a zero yield lieve that in certain cases, working moratorium would retain American nu- test ban. diligently under CTBT rules, each of clear superiority and freeze the Soviets This treaty has no historical lineage. these impediments can be surmounted, in an inferior position. He was very It is from start to finish President I must ask: clear that the United States had to Clinton’s treaty.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12548 CONGRESSIONAL RECORD — SENATE October 13, 1999 Mr. President, proponents of the to be able to detect cheating by other Treaty. On this question, the yeas and CTBT are fond of pointing out that countries on arms control treaties such nays have been ordered, and the clerk public opinion is strongly in favor of as the comprehensive nuclear test ban? will call the roll. the treaty. This is not particularly a Over 80 percent said that it was impor- The legislative clerk called the roll. surprise because, in general, Americans tant, with 40 percent saying that it is Mr. BYRD (when his name was support treaties that have been signed extremely important. called). Present. by their President. They assume that The bottom line here is that the The result was announced—yeas 48, the U.S. Government would not par- American people want us to retain a nays 51, as follows: ticipate in a treaty that is not in the strong nuclear deterrent. While they [Rollcall Vote No. 325 Ex.] nation’s interest. will also support good arms control YEAS—48 In this regard, I would like to make measures, they expect the American Akaka Feingold Lieberman two points. First, the American public leadership to do whatever is necessary Baucus Feinstein Lincoln overwhelmingly supports maintenance Bayh Graham Mikulski to keep the deterrent strong. Let’s not Biden Harkin Moynihan of a strong U.S. nuclear deterrent. If be fooled by simplistic yes-or-no an- Bingaman Hollings Murray people are given the facts about the swers to questions about the CTBT. Boxer Inouye Reed importance of nuclear testing to that Breaux Jeffords Reid This issue is more complex than that. Bryan Johnson Robb deterrent, I believe that their view of We must simply give people the facts Chafee Kennedy Rockefeller the CTBT would change dramatically. about this treaty. The CTBT would im- Cleland Kerrey Sarbanes Second, the CTBT indeed is not in the peril our security. Conrad Kerry Schumer nation’s interests and it is up to us, as Daschle Kohl Smith (OR) I urge a vote against this treaty. Dodd Landrieu Specter leaders, to explain to the people why. I yield back the remainder of my Dorgan Lautenberg Torricelli Let me first address Americans’ atti- time. Durbin Leahy Wellstone tudes toward their nuclear deterrent. I ask for the yeas and nays. Edwards Levin Wyden In June, 1998, the Public Policy Insti- The PRESIDING OFFICER. Is there a NAYS—51 tute of the University of New Mexico sufficient second? Abraham Fitzgerald McCain truly non-partisan and professional There is a sufficient second. Allard Frist McConnell groups conducted a nationwide poll on The yeas and nays were ordered. Ashcroft Gorton Murkowski public views on security issues. Let me Bennett Gramm Nickles Mr. BIDEN addressed the Chair. Bond Grams Roberts give you a few results of that poll: The PRESIDING OFFICER. The Sen- Brownback Grassley Roth Seventy-three percent view it as im- ator from Delaware. Bunning Gregg Santorum portant or extremely important for the Burns Hagel Sessions Mr. BIDEN. Does the Senator from Campbell Hatch Shelby U.S. to retain nuclear weapons today. Delaware have any time remaining? Sixty-six percent view U.S. nuclear Cochran Helms Smith (NH) The PRESIDING OFFICER. The Sen- Collins Hutchinson Snowe weapons as integral to maintaining ator from Delaware has 1 minute 6 sec- Coverdell Hutchison Stevens U.S. status as a world leader. Craig Inhofe Thomas onds remaining. Seventy percent say that our nuclear Crapo Kyl Thompson Mr. BIDEN. I do not wish to be the DeWine Lott Thurmond weapons are important for preventing last to speak. I would like to use that Domenici Lugar Voinovich other countries from using nuclear 1 minute and ask unanimous consent Enzi Mack Warner weapons against our country. ANSWERED ‘‘PRESENT’’—1 More than 70 percent say that it is that my friend be allowed to use any important for the U.S. to remain a additional time he may want to use Byrd military superpower, with 45 percent after that, because it is appropriate he The PRESIDING OFFICER. On this saying that it is extremely important should close. vote, the yeas are 48, the nays are 51, that we remain so. I want to make a point in the minute and one Senator responding ‘‘present.’’ Now, we all know that the measure I have. Not having received the affirmative of commitment to a given aim can This is about, as the Senator has votes of two-thirds of the Senators sometimes best be gauged by willing- honestly stated, more than the CTBT present, the resolution is not agreed to, ness to spend money to achieve it. The Treaty. It is about ending the regime and the Senate does not advise and poll asked, ‘‘Should Government in- of arms control. That is what this is consent to the ratification of the trea- crease spending to maintain existing about. If this fails, I ask you the ques- ty. nuclear weapons in reliable condi- tion: Is there any possibility of amend- Mr. LOTT. Mr. President, I move to tion?’’ Fifty-seven percent support in- ing the ABM Treaty? Is there any pos- reconsider the vote. creased spending and 15 percent sup- sibility of the START II or START III Mr. ABRAHAM. I move to lay that port present spending levels. agreements coming into effect with re- motion on the table. I will return to the subject of public gard to Russia? Is there any possibility The motion to lay on the table was opinion in a moment, but let me turn of arms control surviving? agreed to. briefly to the issue of whether this I think this is about arms control, Mr. WARNER. Mr. President, I ask treaty is in the nation’s interest. If not just about this treaty. I appreciate unanimous consent that the Warner- there were a test ban, we would not be my friend’s candor. That is one of the Moynihan letter to the Majority and able to know with certainty whether reasons I think it is such a devastating Minority leaders dated October 12, 1999, our nuclear weapons are as safe and re- vote. be printed in the RECORD. liable as they can be. On the other I yield back the remainder of our There being no objection, the letter hand, Russia, China, and others might time. And I ask unanimous consent was ordered to be printed in the be able to continue nuclear testing that the Senator from North Carolina RECORD, as follows: without being detected. This is because be given an appropriate amount of time U.S. SENATE, to respond, if he wishes. Washington, DC, October 12, 1999. the CTBT is simply not verifiable. Hon. TRENT LOTT What do you think the American peo- The PRESIDING OFFICER. Without Majority Leader. ple would think about that? Well, we objection, it is so ordered. Hon. TOM DASCHLE have some data to tell us. Mr. HELMS. Mr. President, the yeas Democratic Leader. The University of New Mexico’s poll and nays have been ordered; is that U.S. Senate, Washington, DC. asked: ‘‘If a problem develops with U.S. right? DEAR MR. LEADERS: The Senate Leadership nuclear weapons, is it important for The PRESIDING OFFICER. Yes, they has received a letter from President Clinton the United States to be able to conduct have. requesting ‘‘that you postpone consideration nuclear test explosions to fix the prob- Mr. HELMS. Let’s vote. of the Comprehensive Test Ban Treaty on lem?’’ Fifty-four percent of the people The PRESIDING OFFICER. The the Senate Floor.’’ We write in support of question is on agreeing to the resolu- putting off final consideration until the next said yes. Only 15.5 percent said no. The Congress. rest were undecided. tion to advise and consent to ratifica- Were the Treaty to be voted on today, Sen- The poll also asked, ‘‘How important tion of Treaty Document No. 105–28, ator Warner and Senator Lugar would be op- do you think it is for the United States the Comprehensive Nuclear Test-Ban posed. Senator Moynihan and Senator Biden

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12549 would be in support. But we all agree on must dissect and debate every treaty retary Cohen on the establishment and seeking a delay. We believe many colleagues to ensure that it adequately protects conduct of such a review, and I hope are of a like view, irrespective of how they and promotes American security inter- Secretary Cohen will promptly agree to would vote at this point. ests. The American people expect no my request. We recognize that the Nation’s best inter- ests, the Nation’s vital business, is and must less. Second, the Senate should undertake always be the first concern of the Presidency As has been pointed out by numerous a major survey of the proliferation of and the Congress. experts before the Foreign Relations, weapons of mass destruction and asso- But we cannot foresee at this time an Armed Services, and Intelligence Com- ciated means of delivery as we ap- international crisis of the magnitude, that mittees, and by many Senators in ex- proach the new millennium. A key as- would persuade the Senate to revisit a deci- tended floor debate, this treaty does pect of this review should be an assess- sion made now to put off a final consider- not meet even the minimal standards ment of whether or to what extent U.S. ation of the Treaty until the 107th Congress. of previous arms control treaties. That policies and actions (or inactions) con- However, we recognize that throughout history the Senate has had the power, the is, it is ineffectual—even dangerous, in tributed to the heightened prolifera- duty to reconsider prior decisions. my judgment; it is unverifiable; and it tion that has occurred over the past 7 Therefore, if Leadership takes under con- is unenforceable. As one of my distin- years. We know that from North Korea sideration a joint initiative to implement guished colleagues put it: ‘‘the CTBT is to Iran and Iraq, from China to Russia, the President’s request—and our request—for not of the same caliber as the arms and from India to Pakistan, the next a delay, then we commit our support for our control treaties that have come before President will be forced to confront a Leaders taking this statesmanlike initiative. the Senate in recent decades.’’ strategic landscape that in many ways REPUBLICANS This treaty is ineffectual because it is far more hostile and dangerous than Warner, Lugar, Roth, Domenici, Hagel, would not stop other nations from test- that which President Clinton inherited Gordon Smith, Collins, McCain, Snowe, Ses- ing or developing nuclear weapons, but in January, 1993. I call upon the rel- sions, Stevens, Chafee, Brownback, Bennett, it could preclude the United States evant committees of jurisdiction in the Jeffords, Grassley, DeWine, Specter, Hatch, from taking appropriate steps to en- Voinovich, Gorton, Burns, Gregg, Santorum. Senate to properly initiate such a sur- sure the safety and reliability of the vey and plan to complete action within DEMOCRATS U.S. nuclear arsenal. That it is not ef- the next 180 days. Moynihan, Biden, Lieberman, Levin, Fein- fectively verifiable is made clear by Finally, I am aware that the admin- gold, Kohl, Boxer, Cleland, Dodd, Wyden, the intelligence community’s inability istration claims that rejection of the Rockefeller, Bingaman, Inouye, Baucus, Hol- lings, Kennedy, Harry Reid, Robb, Jack to state unequivocally the purpose of CTBT could damage U.S. prestige and Reed. activities underway for some number signal a blow to our leadership. Amer- Mikulski, Torricelli, Feinstein, Schumer, of months at the Russian nuclear test ican leadership is vital in the world Breaux, Bob Kerrey, Evan Bayh, John Kerry, site. Just last week, it was clear that today but with leadership comes re- Landrieu, Murray, Tim Johnson, Byrd, Lau- they could not assure us that low-level sponsibility. We have a responsibility tenberg, Harkin, Durbin, Leahy, Wellstone, testing was not taking place. The to ensure that any arms control agree- Akaka, Edwards. CTBT simply has no teeth. ments presented to the Senate for ad- The PRESIDING OFFICER. The Sen- Had the President consulted with vice and consent are both clearly in ator from Vermont. more Senators before making the deci- America’s security interests and effec- Mr. LEAHY. Mr. President, the Sen- sion in 1995 to pursue an unverifiable, tively verifiable. The Comprehensive ate can and should always act as the unlimited-duration, zero-yield ban on Test Ban Treaty failed on both of these conscience of the Nation. Historians testing, he would have known that crucial tests. may well say that we did not vote on such a treaty could not be ratified. If Today, among many other telephone this treaty today. he had talked at that time to Senator conversations I had, I talked to former Mr. President, I yield the floor. WARNER, to Senator KYL, to Senator Secretary of Defense Dick Cheney, a The PRESIDING OFFICER. The ma- LUGAR, to any number of Senators, and man for whom I have the highest re- jority leader. to Senator HELMS, he could have been gard, a man who gave real leadership Mr. LOTT. Mr. President, today the told that this was not a verifiable trea- when he was at the Department of De- United States Senate fulfilled its con- ty and that it was not the safe thing to fense, a man who would never advocate stitutional responsibility by voting on do for our country. a position not in the best national se- the Comprehensive Nuclear-Test Ban I know some will ask, so what hap- curity interests of the United States or Treaty. Under the Constitution, the pens next? The first thing that must be in support of our international reputa- President and the Senate are co-equal done is to begin a process to strengthen tion. He told me he was convinced the partners when it comes to treaty-mak- U.S. nuclear deterrence so that no treaty was fatally flawed, that it ing powers. Positive action by both one—whether potential adversary or should be defeated, and in fact it would branches is required before a treaty ally—comes away from these delibera- send a clear message to our treaty ne- can become the supreme law of the tions with doubts about the credibility gotiators and people around the world land. All Americans should know that I of the U.S. nuclear arsenal. that treaties that are not verifiable, and my colleagues take this solemn re- To this end, I have written to Sec- that are not properly concluded, will sponsibility with great pride, and we retary of Defense Bill Cohen asking not be ratified by the Senate. We will are very diligent in making sure that that he initiate a comprehensive re- take our responsibility seriously and our advice and consent to treaties is view of the state of the U.S. nuclear we will defeat bad treaties when it is in treated with the utmost consideration weapons stockpile, infrastructure, the best interest of our country, our al- and seriousness. management, personnel, training, de- lies, and more importantly for me, our The Senate does not often refuse to livery systems, and related matters. children and their future. ratify treaties, as borne out by the his- The review would encompass activities I think we have taken the right step torical record. But the fact that the under the purview of the Department today. I note that this vote turned out Senate has rejected several significant of Defense and the new, congression- to be a rather significant vote: 51 Sen- treaties this century underscores the ally mandated National Nuclear Secu- ators voted against this treaty. Not important ‘‘quality control’’ function rity Administration. The objective of even a majority was for this treaty. To that was intended by the Framers of this review would be to identify ways confirm a treaty or ratify a treaty the Constitution. The Founding Fa- the administration and Congress joint- takes, of course, a two-thirds vote, 67 thers never envisioned the Senate ly can strengthen our nuclear deter- votes. They were not here. They were would be a rubber stamp for flawed rent in the coming decades, for exam- never here. This treaty should not have treaties. I and my colleagues would ple, by providing additional resources been pushed for the past 2 years. It was never allow this venerable institution to the Stockpile Stewardship Program not ready for consideration and it was to be perceived as—much less actually on which Senator DOMENICI is so dili- unverifiable and therefore would not be become—a mere rubber stamp for gently working, and that exists at our ratified. agreements negotiated by this or any nuclear weapons labs and production I thank my colleagues on both sides other President. Instead, the Senate plants. I have offered to work with Sec- of the aisle for their participation. I

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12550 CONGRESSIONAL RECORD — SENATE October 13, 1999 thought the debate was spirited. It was the majority leader and the Senator We had originally thought the Com- good on both sides of the aisle. I appre- from Kentucky, he wants to begin the prehensive Test Ban Treaty would be ciate the advice and counsel I received debate and discussion on this very im- voted on not today but last night or on all sides as we have gone through portant issue. The agreement that the certainly earlier today. I am trying to this process. It has not been easy but it majority leader and I have is we will juggle the appropriations conference is part of the job. I take this job very have 5 days of debate and discussion. I reports, too. I was specifically asked by seriously. I take this vote very seri- certainly hope he doesn’t consider a couple of Senators to have the debate ously. For today, Mr. President, we did starting at 7:25 as a day of the debate in the morning and then to have the the right thing for America. and discussion. I ask him that. vote at 4 o’clock. I yield the floor. Second, this is a very important Later this week, we have to have an issue. Even the staff is gone. Most f interruption for the HUD–VA appro- Members have gone. The Senate major- priations conference report. Next week, LEGISLATIVE SESSION ity leader knows that. Tomorrow we we will have to have interruptions for Mr. CRAPO. Mr. President, I ask have scheduled a DOD discussion and the Interior appropriations conference unanimous consent that the Senate vote which would be the first interrup- report. I have to keep bringing in the now proceed to legislative session and tion—although we have just gotten appropriations bills. I realize that it a period of morning business with Sen- started—followed by a vote on the De- interrupts the flow of the debate. How- ators permitted to speak up to 10 min- partment of Defense appropriations ever, that is why I have learned around utes each. bill. That could have been scheduled here the best thing to do is to get The PRESIDING OFFICER. Without tonight and the vote have taken place. something going and just get started, I hope the majority leader will under- objection, it is so ordered. get it up so it is the pending business, stand that I will not make an opening and we go about our business. f statement tonight. I will wait until to- I took particular interest in the Sen- UNANIMOUS-CONSENT morrow so I have the attention of my ator’s offer that maybe we even con- AGREEMENT—H.R. 2561 colleagues. If the Senator from Ken- sider doing this on the weekend or tucky wants to make his statement, Mr. CRAPO. Mr. President, I ask maybe a Saturday. I think it would get that is fine. I know from discussions a lot of attention. We are getting down unanimous consent that at 9:30 a.m. on with the Senator from Wisconsin he Thursday, October 14, the Senate begin to the end of the session and I have a chooses to do the same thing. lot of people pulling on me to do the consideration of the DOD appropria- I don’t think an issue such as this tions conference report; that it be con- Religious Persecution Act, the nuclear should be initiated at 7:30 in the waste bill, bankruptcy, and trade bills. sidered read, and there be 60 minutes evening. However, I want to assure I need to try to take advantage even of equally divided between Senator STE- Senator LOTT that, once we have open- a couple of hours on Wednesday night VENS and Senator INOUYE, or their des- ing statements and once we get into ignees, with an additional 10 minutes if we possibly can. the amending process and votes, I will If both Senators are willing to at under the control of Senator MCCAIN. I be glad to stay as late as is necessary least get started, see if we can get an further ask unanimous consent that every night including all through the agreement, see if we can have opening following the use or yielding back of weekend, if necessary. statements, let’s get started and we the time, the conference report be laid I don’t think it is appropriate for will be back on it at 10:30 in the morn- aside, and a vote on adoption occur at anyone to say we demand opening ing. I will work with both or all sides 4 p.m. on Thursday. statements tonight on the issue, and to make sure this is fully debated and The PRESIDING OFFICER. Without then tomorrow morning we go back to amendments are offered. Remember, objection, it is so ordered. another bill off of the issue at hand. I we are going to have amendments and f hope the majority leader, who has been very cooperative in helping me and has we are going to have a lot of discus- BIPARTISAN CAMPAIGN REFORM been very cooperative in bringing up sion. We are going to have a lot of ACT OF 1999 this issue, understands my point of votes. I think it is time to go forward. view on this particular issue. I hope the Senator will cooperate with Mr. CRAPO. Mr. President, I ask me as we try to get that done. unanimous consent that the Senate I yield the floor. Mr. MCCONNELL. I say to my friend Mr. MCCAIN. Mr. President, let me now begin consideration of Calendar from Arizona, all I was hoping we could say to the majority leader, I am in No. 312, S. 1593. do, since this session of Congress is deep and sincere appreciation of his ef- The PRESIDING OFFICER. The getting short and we have, in response forts to resolve all of these issues and clerk will report the bill by title. to the requests of both the Senator the pending legislation. I remind him, The bill clerk read as follows: from Arizona and the Senator from however, that some months ago we did A bill (S. 1593) to amend the Federal Elec- Wisconsin, taken this issue up this enter into an agreement that we would tion Campaign Act of 1971 to provide bipar- year in a way in which people can offer have 5 days of debate and amending on tisan campaign reform. amendments, maybe we could at least the bill. I know the majority leader There being no objection, the Senate get an amendment laid down tonight. will stick to that agreement. Starting proceeded to consider the bill. Maybe there is a possibility of getting at 7:30 at night is not, obviously, a day Mr. CRAPO. Mr. President, before I some kind of time agreement on an of debate and discussion. I understand yield the floor to the managers of this amendment for tomorrow so we can get we may have to be interrupted. How- legislation, let me announce that there into the debate. ever, I also say again we expect to have will be no further rollcall votes this I agree with the Senator from Ari- the agreement adhered to. evening. Tomorrow morning we hope to zona; I don’t think there is any need I am deeply concerned about nuclear consider the Defense appropriations for opening statements tonight. I am waste and religious freedom and all of conference report under a short time not planning on making one, but we de- the other issues, but we did have an agreement. However, that rollcall vote sire to get started because we have a agreement on this particular issue. I will be postponed to occur at 4 p.m. We lot of Senators on both sides of the intend to see that we can do our best to will then resume consideration of the aisle desiring to offer amendments. adhere to that agreement. campaign finance reform bill on Thurs- Mr. LOTT. So I can respond to com- Mr. LOTT. I say to the Senator, we day, and I hope that substantial ments of both Senators, and particu- will proceed on Carroll County, MS, progress can be made on that bill dur- larly for questions I was asked by Sen- time. Do you understand that? ing tomorrow’s session. ator MCCAIN, I had a fixation on trying Mr. MCCAIN. I thank the Senator The PRESIDING OFFICER. The Sen- to get started on this bill today be- from Mississippi. I am glad to enter- ator from Arizona. cause I had committed to do so. I real- tain whatever proposal the Senator Mr. MCCAIN. Mr. President, I men- ize it is late, but I am sure the Senator from Kentucky has at this time. I in- tion to the majority leader it is now understands how difficult it is to juggle tend, along with the Senator from Wis- nearly 7:25 p.m. and at the request of the schedule. consin, to wait until tomorrow for our

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12551 opening statements. I know there are a This agreement was not hammered The legislative assistant proceeded number of other Senators who want to out of pure good faith. This was based, to call the roll. make opening statements on this very as it should be in the Senate, on our Mr. MCCONNELL. Mr. President, I important issue. willingness to withdraw an amendment ask unanimous consent that the order I am sure whatever agreement the from a piece of legislation at another for the quorum call be rescinded. Senator from Kentucky and I, along critical time when the Senate’s busi- The PRESIDING OFFICER. Without with the Senator from Wisconsin, ness was pressing. objection, it is so ordered. might want to enter into would clearly I certainly intend to give an opening f take into consideration that there will statement. This bill is not different be a number of opening statements from any other major piece of legisla- MORNING BUSINESS that a number of Senators will have to tion. In fact, I argue it is one of the Mr. MCCONNELL. Mr. President, I make. most important bills we can take up. It ask unanimous consent the Senate now I yield the floor. is important it be set out properly, and Mr. FEINGOLD. I certainly have no proceed to a period of morning busi- I certainly intend to make an opening ness, with Senators permitted to speak objection to the Senator from Ken- statement tomorrow as well. tucky laying down an amendment. Be- up to 10 minutes each. fore he does that, I do make one com- PRIVILEGE OF THE FLOOR The PRESIDING OFFICER. Without ment on the colloquy I just listened to. Finally, I ask unanimous consent the objection, it is so ordered. It is my understanding, based on the following staff members be permitted f agreement we have with the majority the privilege of the floor during the leader—I just want to reiterate what consideration of S. 1593, campaign fi- CHANGES TO THE BUDGETARY AG- Senator MCCAIN said—that this was to nance reform legislation: Bob Schiff, GREGATES AND APPROPRIA- be a 5-day debate. The critical issue Mary Murphy, Kitty Thomas, Tom TIONS COMMITTEE ALLOCATION here is on what day the cloture motion Walls, Sumner Slichter, and Marla Mr. DOMENICI. Mr. President, sec- can be filed. It is certainly my under- Kanemitsu. tion 314 of the Congressional Budget standing, based on the discussion we The PRESIDING OFFICER. Without Act, as amended, requires the chair- just had, the cloture motion can’t be objection, it is so ordered. man of the Senate Budget Committee filed until Monday, meaning the clo- The Senator from Kentucky. to adjust the appropriate budgetary ag- ture vote couldn’t occur before Wednes- Mr. MCCONNELL. Mr. President, I gregates and the allocation for the Ap- day. That is how I am going to proceed, suggest the absence of a quorum. propriations Committee to reflect and I assume that is the good faith un- The PRESIDING OFFICER. The amounts provided for emergency re- derstanding. clerk will call the roll. quirements. REVISIONS TO THE 2000 SENATE APPROPRIATIONS COMMITTEE ALLOCATIONS, PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT

Budget authority Outlays

Current Allocation: General purpose discretionary ...... 534,241,000,000 552,763,000,000 Violent crime reduction fund ...... 4,500,000,000 5,554,000,000 Highways ...... 24,574,000,000 Mass transit ...... 4,117,000,000 Mandatory ...... 321,502,000,000 304,297,000,000 Total ...... 869,243,000,000 891,305,000,000

Adjustments: General purpose discretionary ...... +7,200,000,000 +4,817,000,000 Violent crime reduction fund ...... Highways ...... Mass transit ...... Mandatory ...... Total ...... +7,200,000,000 +4,817,000,000

Revised Allocation: General purpose discretionary ...... 550,441,000,000 557,580,000,000 Violent crime reduction fund ...... 4,500,000,000 5,554,000,000 Highways ...... 24,574,000,000 Mass transit ...... 4,117,000,000 Mandatory ...... 321,502,000 304,297,000,000 Total ...... 876,443,000,000 896,122,000,000

REVISIONS TO THE 2000 BUDGET AGGREGATES, PURSUANT TO SECTION 311 OF THE CONGRESSIONAL BUDGET ACT

Budget authority Outlays Deficit

Current Allocation: Budget Resolution ...... 1,438,190,000,000 1,424,145,000,000 ¥16,063,000,000 Adjustments: Emergencies ...... +7,200,000,000 +4,817,000,000 ¥4,817,000,000 Revised Allocation: Budget Resolution ...... 1,445,390,000,000 1,428,962,000,000 ¥20,880,000,000

EXPLANATION OF VOTES regarding the importance of deter- of the Davis-Bacon Act in areas des- Mr. DODD. Mr. President, I was nec- mining the economic status of former ignated as disaster areas, I would have essarily absent due to a family medical recipients of temporary assistance to voted to table the amendment. On roll- emergency during Senate action on needy families, I would have voted for call vote 321, final passage of S. 1650, an rollcall votes No. 317 through 322. the amendment. On rollcall vote No. original bill making appropriations for Had I been present for the votes, I 319, the motion to table Senate amend- the Department of Labor, Health and would have voted as follows. On rollcall ment 1825, an amendment to prohibit Human Services, and Education, and vote No. 317, the motion to table Sen- the use of funds for the promulgation related agencies for the fiscal year end- ate amendment 1861, an amendment to or issuing of any standard relating to ing September 30, 2000, and for other ergonomic protection, I would have ensure accountability in programs for purposes, I would have voted for pas- disadvantaged students, I would have voted against tabling the amendment. sage of the bill, albeit with reserva- voted not to table. On rollcall vote No. On rollcall vote No. 320, the motion to 318, Senate amendment 1842, an amend- table Senate amendment 1844, an tions about specific provisions of the ment to express the sense of the Senate amendment to limit the applicability bill. Finally, on rollcall vote 322, the

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12552 CONGRESSIONAL RECORD — SENATE October 13, 1999 motion to invoke cloture on the con- Ten years ago, October 12, 1989, the from the President of the United ference report on H.R. 1906, the Agri- Federal debt stood at $2,869,151,000,000 States submitting a treaty and sundry culture Appropriations Act, I would (Two trillion, eight hundred sixty-nine nominations which were referred to the have voted against cloture. billion, one hundred fifty-one million). Committee on Armed Services. f Fifteen years ago, October 12, 1984, (The nominations received today are the Federal debt stood at printed at the end of the Senate pro- NOTICE OF INTENT TO AMEND $1,572,268,000,000 (One trillion, five hun- ceedings.) THE RULES dred seventy-two billion, two hundred f Mr. McCONNELL. Mr. President, I sixty-eight million) which reflects a hereby give notice in writing that I in- debt increase of more than $4 trillion— REPORT ON TELECOMMUNI- tend to offer an amendment to the $4,088,465,437,442.56 (Four trillion, CATIONS PAYMENTS PURSUANT Standing Rules of the Senate that eighty-eight billion, four hundred TO TREASURY DEPARTMENT would require any Senator to report to sixty-five million, four hundred thirty- SPECIFIC LICENSES—MESSAGE the Select Committee on Ethics any seven thousand, four hundred forty-two FROM THE PRESIDENT—PM 64 credible information available to him dollars and fifty-six cents) during the The PRESIDING OFFICER laid be- or her that indicates that any Senator past 15 years. fore the Senate the following message may have: (1) violated the Senate Code f from the President of the United of Office Conduct; (2) violated a law; or LABOR–HHS–EDUCATION States, together with an accompanying (3) violated any rule or regulation of APPOINTMENTS report; which was referred to the Com- the Senate relating to the conduct of mittee on Foreign Relations. individuals in the performance of their Mr. KENNEDY. Mr. President, in the duties as Senators. Such allegations or interest of moving this appropriations To the Congress of the United States: information may be reported to the bill forward, I will withdraw my As required by section 1705(e)(6) of chairman, the vice chairman, a com- amendment to increase the funding for the Cuban Democracy Act of 1992, 22 mittee member, or the staff director of the successful GEAR-UP program. U.S.C. 6004(e)(6), as amended by section the Select Committee on Ethics. However, I urge the conferees to fund 102(g) of the Cuban Liberty and Demo- The material follows: this program at $240 million—- $60 mil- cratic Solidarity (LIBERTAD) Act of AMENDMENT NO. — lion over the Senate bill—so that now 1996, Public Law 104–114, 110 Stat. 785, I On page ll, after line ll, insert the fol- needy students can get the support transmit herewith a semiannual report lowing: they need to attend college. ‘‘detailing payments made to Cuba . . . SEC. ll. REQUIRING SENATORS TO REPORT More than 130,000 students will be de- as a result of the provision of tele- CREDIBLE INFORMATION OF COR- nied services if GEAR UP is funded at communications services’’ pursuant to RUPTION. $180 million rather than at the Presi- Department of the Treasury specific li- The Standing Rules of the Senate are dent’s request of $240 million. $154 mil- censes. amended by adding at the end the following: lion is needed just to fully fund con- WILLIAM J. CLINTON. ‘‘RULE XLIV tinuation grants for this year’s grant- THE WHITE HOUSE, October 13, 1999. ‘‘REQUIRING SENATORS TO REPORT CREDIBLE ees. We must uphold our commitment f INFORMATION OF CORRUPTION to these students, and extend the op- ‘‘(a) A Senator shall report to the Select portunity that this program offers to MESSAGES FROM THE HOUSE Committee on Ethics any credible informa- every needy student. At 12:48 p.m., a message from the tion available to him or her that indicates This year, 678 applications for both that any Senator may have— House of Representatives, delivered by ‘‘(1) violated the Senate Code of Office Con- state and local partnerships were re- Mr. Hanrahan, one of its reading duct; ceived and we were only able to fund clerks, announced that the House has ‘‘(2) violated a law; or 185—only 1 out of 4 applications. We passed the following bills, without ‘‘(3) violated any rule or regulation of the have to do more to help children early amendment: Senate relating to the conduct of individuals so that college is accessible for every S. 322. An act to amend title 4, United in the performance of their duties as Sen- child. States Code, to add the Martin Luther King ators. Many low-income families do not ‘‘(b) Information may be reported under Jr. holiday to the list of days on which the know how to plan for college, often be- flag should especially be displayed. subsection (a) to the Chairman, the Vice cause they have not done it before. We Chairman, a Committee member, or the staff S. 800. An act to promote and enhance pub- director of the Select Committee on Eth- should do more to ensure that schools lic safety through the use of 9–1–1 as the uni- ics.’’. and communities can provide the aca- versal emergency assistance number, further deployment of wireless 9–1–1 service, support SEC. ll. BRIBERY PENALTIES FOR PUBLIC OF- demic support, early college awareness FICIALS. activities, and information on financial of States in upgrading 9–1–1 capabilities and Section 201(b) of title 18, United States aid and scholarships so that students related functions, encouragement of con- Code, is amended by inserting before the pe- and their families can plan for a better struction and operation of seamless, ubiq- riod at the end the following: ‘‘, except that, uitous, and reliable networks for personal future. We must encourage our young wireless services, and for other purposes. with respect to a person who violates para- people to have high expectations, to graph (2), the amount of the fine under this stay in school, and to take the nec- The message also announced that the subsection shall be not less than $100,000, the House has passed the following bills, in term of imprisonment shall be not less than essary courses so that they can succeed in college. We cannot abandon the five- which it requests the concurrence of 1 year, and such person shall be disqualified the Senate: from holding any office of honor, trust, or year commitment that we made to profit under the United States’’. these families last year. H.R. 20. An act to authorize the Secretary of the Interior to construct and operate a f I commend my colleagues on the ap- propriations committee for making visitor center for the Upper Delaware Scenic THE VERY BAD DEBT BOXSCORE and Recreational River on land owned by the hard choices between important pro- State of New York. Mr. HELMS. Mr. President, at the grams. But, I urge you to give GEAR H.R. 643. An act to redesignate the Federal close of business yesterday, Tuesday, UP your highest consideration in con- building located at 10301 South Compton Av- October 12, 1999, the Federal debt stood ference. enue, in Los Angeles, California, and known at $5,660,733,437,442.56 (Five trillion, six f as the Watts Finance Office, as the ‘‘Augus- hundred sixty billion, seven hundred tus F. Hawkins Post Office Building.’’ thirty-three million, four hundred thir- MESSAGES FROM THE PRESIDENT H.R. 748. An act to amend the act that es- ty-seven thousand, four hundred forty- Messages from the President of the tablished the Keweenaw National Historical two dollars and fifty-six cents). United States were communicated to Park to require the Secretary of the Interior Five years ago, October 12, 1994, the the Senate by Mr. Williams, one of his to consider nominees of various local inter- ests in appointing members of the Keweenaw Federal debt stood at $4,686,727,000,000 secretaries. National Historic Parks Advisory Commis- (Four trillion, six hundred eighty-six EXECUTIVE MESSAGES REFERRED sion. billion, seven hundred twenty-seven As in executive session the Presiding H.R. 1374. An act to designate the United million). Officer laid before the Senate messages States Post Office building located at 680

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12553 State Highway 130 in Hamilton, New Jersey, The enrolled bills were signed subse- EXECUTIVE REPORTS OF as the ‘‘John K. Rafferty Hamilton Post Of- quently by the President pro tempore COMMITTEE fice Building.’’ (Mr. THURMOND). H.R. 1615. An act to amend the Wild and The following executive reports of Scenic Rivers Act to extend the designation f committees were submitted: of a portion of the Lamprey River in New By Mr. ROTH, for the Committee on Fi- Hampshire as a recreational river to include MEASURES REFERRED nance: an additional river segment. The following bills were read the first James G. Huse, Jr., of Maryland, to be In- H.R. 1665. An act to allow the National and second times by unanimous con- spector General, Social Security Administra- Park Service to acquire certain land for ad- sent and referred as indicated: tion. dition to the Wilderness Battlefield in Vir- Neal S. Wolin, of Illinois, to be General ginia, as previously authorized by law, by H.R. 20. An act to authorize the Secretary Counsel for the Department of the Treasury. of the Interior to construct and operate a purchase or exchange as well as by donation. (The above nominations were re- H.R. 1791. An act to amend title 18, United visitor center for the Upper Delaware Scenic States Code, to provide penalties for harm- and Recreational River on land owned by the ported with the recommendation that ing animals used in Federal law enforce- State of New York; to the Committee on En- they be confirmed, subject to the nomi- ment. ergy and Natural Resources. nees’ commitment to respond to re- H.R. 1932. An act to authorize the Presi- H.R. 643. An act to redesignate the Federal quests to appear and testify before any dent to award a gold medal on behalf of the building located at 10301 South Compton Av- duly constituted committee of the Sen- Congress to Father Theodore M. Hesburgh, enue, in Los Angeles, California, and known ate.) in recognition of his outstanding and endur- as the Watts Finance Office, as the ‘‘Augus- ing contributions to civil rights, higher edu- tus F. Hawkins Post Office Building’’; to the f cation, the Catholic Church, the Nation, and Committee on Governmental Affairs. EXECUTIVE AND OTHER the global community. H.R. 748. An act to amend the Act that es- COMMUNICATIONS H.R. 2130. An act to amend the Controlled tablished the Keweenaw National Historical Substances Act to add gamma Park to require the Secretary of the Interior The following communications were hydrozybutyric acid and ketamine to the to consider nominees of various local inter- laid before the Senate, together with schedules of controlled substances, to pro- ests in appointing members of the Keweenaw accompanying papers, reports, and doc- vide for a national awareness campaign, and National Historic Parks Advisory Commis- uments, which were referred as indi- for other purposes. sion; to the Committee on Energy and Nat- cated: H.R. 2357. An act to designate the United ural Resources. States Post Office located at 3675 H.R. 1374. An act to designate the United EC–5572. A communication from the Under Warrensville Center Road in Shaker Heights, States Post Office building located at 680 Secretary of the Navy, transmitting, pursu- Ohio, as the ‘‘Louise Stokes Post Office.’’ State Highway 130 in Hamilton, New Jersey, ant to law, a report relative to a study of H.R. 2460. An act to designate the United as the ‘‘John K. Rafferty Hamilton Post Of- certain functions performed by military and States Post Office located at 125 Border Ave- fice Building’’; to the Committee on Govern- civilian personnel in the DoN for possible nue West in Wiggins, Mississippi, as the ‘‘Jay mental Affairs. performance by private contractors; to the Hanna ‘Dizzy’ Dean Post Office.’’ H.R. 1615. An act to amend the Wild and Committee on Armed Services. H.R. 2591. An act to designate the United Scenic Rivers Act to extend the designation EC–5573. A communication from the Direc- States Post Office located at 713 Elm Street of a portion of the Lamprey River in New tor, Defense Procurement, Department of in Wakefield, Kansas, as the ‘‘William H. Hampshire as a recreational river to include Defense, transmitting, pursuant to law, the Avery Post Office.’’ an additional river segment; to the Com- report of a rule entitled ‘‘Congressional H.R. 3036. An act to restore motor carrier mittee on Energy and Natural Resources. Medal of Honor’’ (DFARS Case 98–D304), re- safety enforcement authority to the Depart- H.R. 1791. An act to amend title 18, United ceived October 8, 1999; to the Committee on ment of Transportation. States Code, to provide penalties for harm- Armed Services. EC–5574. A communication from the Direc- The message further announced that ing animals used in Federal law enforce- ment; to the Committee on the Judiciary. tor, Defense Procurement, Department of pursuant to section 4(b) of Public Law Defense, transmitting, pursuant to law, the 94–201 (20 U.S.C. 2103 (b)) the Speaker H.R. 2357. An act to designate the United States Post Office located at 3675 report of a rule entitled ‘‘Brand Name or appoints the following individuals from Warrensville Center Road in Shaker Heights, Equal Purchase Descriptions’’ (DFARS Case private life to the Board of Trustees of Ohio, as the ‘‘Louise Stokes Post Office’’; to 99–D023), received October 8, 1999; to the the American Folklife Center in the the Committee on Governmental Affairs. Committee on Armed Services. Library of Congress on the part of the H.R. 2460. An act to designate the United EC–5575. A communication from the Direc- House: Ms. Kay Kaufman Shelemay of States Post Office located at 125 Border Ave- tor, Office of Regulations Management, De- partment of Veterans Affairs, transmitting, Massachusetts to fill the unexpired nue West in Wiggins, Mississippi, as the ‘‘Jay Hanna ‘Dizzy’ Dean Post Office’’; to the pursuant to law, the report of a rule entitled term of Mr. David W. Robinson, and ‘‘Returned and Canceled Checks’’ (RIN2900– Mr. John Penn Fix, III, of Washington Committee on Governmental Affairs. H.R. 2591. An act to designate the United AJ61), received October 5, 1999; to the Com- to a 6-year term. States Post Office located at 713 Elm Street mittee on Veteran’s Affairs. ENROLLED BILLS SIGNED in Wakefield, Kansas, as the ‘‘William H. EC–5576. A communication from the Attor- At 6:23 p.m., a message from the Avery Post Office’’; to the Committee on ney, Office of the General Counsel, Federal House of Representatives, delivered by Governmental Affairs. Energy Regulatory Commission, transmit- ting, pursuant to law, the report of a rule en- Mr. Hanrahan, one of its reading f titled ‘‘Collaborative Procedures for Energy clerks, announced that the Speaker has Facility Applications’’ (Order No. 608, 64 Fed. signed the following enrolled bills: MEASURE PLACED ON THE Reg. 51, 209 {Sept. 22, 1999}, III FERC Stats. S. 800. An act to promote and enhance pub- CALENDAR & Regs. Section 61,080 {Sept. 15, 1999}), re- lic safety through the use of 9–1–1 as the uni- The following bill was read twice and ceived October 5, 1999; to the Committee on versal emergency assistance number, further ordered placed on the calendar. Energy and Natural Resources. deployment of wireless 9–1–1 service, support EC–5577. A communication from the Sec- H.R. 1665. An act to allow the National of States in upgrading 9–1–1 capabilities and retary of Health and Human Services, trans- Park Service to acquire certain land for ad- related functions, encouragement of con- mitting, pursuant to law, a report relative to dition to the Wilderness Battlefield in Vir- struction and operation of seamless, ubiq- the scientific and clinical status of organ ginia, as previously authorized by law, by uitous, and reliable networks for personal transplantation; to the Committee on purchase or exchange as well as by donation. wireless services, and for other purposes. Health, Education, Labor, and Pensions. S. 322. An act to amend title 4, United f EC–5578. A communication from the Sec- States Code, to add the Martin Luther King retary of Health and Human Services, trans- Jr. holiday to the list of days on which the ENROLLED BILL PRESENTED mitting, pursuant to law, a report relative to flag should especially be displayed. The Secretary of the Senate reported the National Institutes of Health; to the H.R. 1906. An act making appropriations that on October 13, 1999, he had pre- Committee on Health, Education, Labor, and for Agriculture, Rural Development, Food Pensions. and Drug Administration, and Related Agen- sented to the President of the United EC–5579. A communication from the Assist- cies for the fiscal year ending September 30, States, the following enrolled bill: ant Secretary, Legislative Affairs, Depart- 2000, and for other purposes. S. 323. An act to redesignate the Black ment of State, transmitting, pursuant to the H.R. 560. An act to ensure that the volume Canyon of the Gunnison National Monument Arms Export Control Act, a report relative of steel imports does not exceed the average as a national park and establish the Gunni- to the certification of a proposed license for monthly volume of such imports during the son Gorge National Conservation Area, and the export of defense articles or defense serv- 36-month period preceding July 1997. for other purposes. ices sold commercially under a contract in

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12554 CONGRESSIONAL RECORD — SENATE October 13, 1999 the amount of $50,000,000 or more to French Firearms, Department of the Treasury, Flood Elevation Determinations; 64 FR 53931; Guiana; to the Committee on Foreign Rela- transmitting, pursuant to law, the report of 10/05/99’’, received October 8, 1999; to the tions. a rule entitled ‘‘Technical Amendments’’ Committee on Banking, Housing, and Urban EC–5580. A communication from the Assist- (RIN1512–AC00), received October 8, 1999; to Affairs. ant Secretary, Legislative Affairs, Depart- the Committee on Finance. EC–5606. A communication from the Gen- ment of State, transmitting, pursuant to EC–5594. A communication from the Writ- eral Counsel, Federal Emergency Manage- law, a report relative to the United Nations; er-Editor, Bureau of Alcohol, Tobacco and ment Agency, transmitting, pursuant to law, to the Committee on Foreign Relations. Firearms, Department of the Treasury, the report of a rule entitled ‘‘Changes in EC–5581. A communication from the Ad- transmitting, pursuant to law, the report of Flood Elevation Determinations; 64 FR 53933; ministrator, Agency for International Devel- a rule entitled ‘‘Delegation of Authority’’ 10/05/99’’ (FEMA–7296), received October 8, opment, transmitting, pursuant to law, a re- (RIN1512–AB94), received October 8, 1999; to 1999; to the Committee on Banking, Housing, port relative to famine prevention and free- the Committee on Finance. and Urban Affairs. dom from hunger for fiscal year 1998; to the EC–5595. A communication from the Sec- EC–5607. A communication from the Gen- Committee on Foreign Relations. retary of Health and Human Services, trans- eral Counsel, Federal Emergency Manage- EC–5582. A communication from the Direc- mitting, pursuant to law, a report relative to ment Agency, transmitting, pursuant to law, tor, Administrative Office of the United extra billing in the Medicare Program; to the the report of a rule entitled ‘‘Changes in States Courts, transmitting, pursuant to Committee on Finance. Flood Elevation Determinations; 64 FR 53938; law, a report relative to compliance with the EC–5596. A communication from the Chief, 10/05/99’’, received October 8, 1999; to the Antiterrorism and Effective Death Penalty Regulations Unit, Internal Revenue Service, Committee on Banking, Housing, and Urban Act; to the Committee on the Judiciary. Department of the Treasury, transmitting, Affairs. EC–5583. A communication from the Chair- pursuant to law, the report of a rule entitled EC–5608. A communication from the Gen- man, Merit Systems Protection Board, ‘‘Medical Savings Accounts-Number’’ (An- eral Counsel, Federal Emergency Manage- transmitting, pursuant to law, a report rel- nouncement 99–95), received September 30, ment Agency, transmitting, pursuant to law, ative to its commercial activities inventory; 1999; to the Committee on Finance. the report of a rule entitled ‘‘Final Flood to the Committee on Governmental Affairs. EC–5597. A communication from the Chief, Elevation Determinations; 64 FR 53939; 10/05/ EC–5584. A communication from the Chair- Regulations Unit, Internal Revenue Service, 99’’, received October 8, 1999; to the Com- man, Farm Credit Administration, transmit- Department of the Treasury, transmitting, mittee on Banking, Housing, and Urban Af- ting, pursuant to law, a report relative to its pursuant to law, the report of a rule entitled fairs. commercial activities inventory; to the ‘‘Section 832 Discount Factors for 1999’’ (Rev- EC–5609. A communication from the Gen- Committee on Governmental Affairs. enue Procedure 99–37), received September eral Counsel, Department of Commerce EC–5585. A communication from the Gen- 30, 1999; to the Committee on Finance. transmitting a draft of proposed legislation eral Counsel, Office of Management and EC–5598. A communication from the Chief, relative to the Trademark Act of 1946; to the Budget, transmitting, pursuant to law, the Regulations Unit, Internal Revenue Service, Committee on the Judiciary. report of a rule entitled ‘‘Prompt Payment (5 Department of the Treasury, transmitting, EC–5610. A communication from the Sec- CFR 1315)’’ (RIN03–AB47), received October 5, pursuant to law, the report of a rule entitled retary of Agriculture transmitting a draft of 1999; to the Committee on Governmental Af- ‘‘Section 846 Discount Factors for 1999’’ (Rev- proposed legislation relative to the adminis- fairs. enue Procedure 99–36), received September tration and enforcement of various laws; to EC–5586. A communication from the Direc- 30, 1999; to the Committee on Finance. the Committee on Agriculture, Nutrition, tor, Office of Personnel Management, trans- EC–5599. A communication from the Chief, and Forestry. mitting, pursuant to law, the report of a rule Regulations Unit, Internal Revenue Service, EC–5611. A communication from the Ad- entitled ‘‘Federal Employees’ Group Life In- Department of the Treasury, transmitting, ministrator, Agricultural Marketing Serv- surance: Court Orders’’ (RIN3206–AI49), re- pursuant to law, the report of a rule entitled ice, Marketing and Regulatory Programs, ceived October 8, 1999; to the Committee on ‘‘Optional Standard Mileage Rates 2000’’ Department of Agriculture, transmitting, Governmental Affairs. (Revenue Procedure 99–38), received October pursuant to law, the report of a rule entitled EC–5587. A communication from the Direc- 5, 1999; to the Committee on Finance. ‘‘Sweet Cherries Grown in Designated Coun- tor, Office of Personnel Management, trans- EC–5600. A communication from the Chief, ties in Washington; Change in Pack Require- mitting, pursuant to law, the report of a rule Regulations Unit, Internal Revenue Service, ments—Correction’’ (Docket No. FV99–923–1 entitled ‘‘Voluntary Early Retirement Au- Department of the Treasury, transmitting, FIR), received October 7, 1999; to the Com- thority’’ (RIN3206–AI25), received October 7, pursuant to law, the report of a rule entitled mittee on Agriculture, Nutrition, and For- 1999; to the Committee on Governmental Af- ‘‘Form 941 E-File Program’’ (Revenue Proce- estry. fairs. dure 99–39), received October 7, 1999; to the EC–5612. A communication from the Ad- EC–5588. A communication from the Audi- Committee on Finance. ministrator, Food and Nutrition Service, De- tor of the District of Columbia, transmit- EC–5601. A communication from the Chief, partment of Agriculture, transmitting, pur- ting, pursuant to law, a report entitled Regulations Unit, Internal Revenue Service, suant to law, the report of a rule entitled ‘‘Audit of Advisory Neighborhood Commis- Department of the Treasury, transmitting, ‘‘School Nutrition Programs: Nondis- sion 3E for the Period October 1, 1995 through pursuant to law, the report of a rule entitled cretionary Technical Amendments’’, re- September 30, 1998’’; to the Committee on ‘‘William and Helen Woodral v. Commis- ceived October 7, 1999; to the Committee on Governmental Affairs. sioner’’ (112 T.C. 19{1999} Dkt. No. 6385–9), re- Agriculture, Nutrition, and Forestry. EC–5589. A communication from the Direc- ceived October 8, 1999; to the Committee on EC–5613. A communication from the Direc- tor of Congressional Affairs, U.S. Trade and Finance. tor, Office of Regulatory Management and Development Agency, transmitting, pursu- EC–5602. A communication from the Chief, Information, Office of Policy, Planning and ant to law, a report relative to its commer- Regulations Branch, Customs Service, De- Evaluation, Environmental Protection Agen- cial activities inventory; to the Committee partment of the Treasury, transmitting, pur- cy, transmitting, pursuant to law, the report on Governmental Affairs. suant to law, the report of a rule entitled EC–5590. A communication from the Senior ‘‘Interest on Underpayments and Overpay- of a rule entitled ‘‘Rhizobium Inoculants: Benefits Programs Planning Analyst, West- ments of Customs Duties, Taxes, Fees and Exemption from the Requirement of a Toler- ern Farm Credit Bank, transmitting, pursu- Interest’’ (RIN1515–AB76), received October 8, ance’’ (FRL #6380–4), received October 8, 1999; ant to law, a report entitled ‘‘Annual Report 1999; to the Committee on Finance. to the Committee on Agriculture, Nutrition, for the Eleventh Farm Credit District Em- EC–5603. A communication from the Presi- and Forestry. ployees’ Retirement Plan for the Year End- dent and Chairman, Export-Import Bank of f ing December 31, 1998’’; to the Committee on the United States, transmitting, pursuant to Governmental Affairs. law, a report relative to a transaction in- PETITIONS AND MEMORIALS EC–5591. A communication from the Comp- volving U.S. exports to the Kingdom of Thai- The following petitions and memo- troller General of the United States, trans- land; to the Committee on Banking, Hous- rials were laid before the Senate and mitting, pursuant to law, the report of the ing, and Urban Affairs. list of General Accounting Office reports for EC–5604. A communication from the Assist- were referred or ordered to lie on the August 1999; to the Committee on Govern- ant Secretary, Bureau of Export Administra- table as indicated: mental Affairs. tion, Department of Commerce, transmit- POM–365. A resolution adopted by the Cali- EC–5592. A communication from the Writ- ting, pursuant to law, the report of a rule en- fornia-Pacific Annual Conference of the er-Editor, Bureau of Alcohol, Tobacco and titled ‘‘Revisions to the Commerce Control United Methodist Church relative to the Firearms, Department of the Treasury, List; Medical Products Containing Biological United Nations; to the Committee on For- transmitting, pursuant to law, the report of Toxins: ECCN 28351’’ (RIN0694–AB85), re- eign Relations. a rule entitled ‘‘Rules of Practice in Permit ceived October 7, 1999; to the Committee on Proceedings; Technical Amendments’’ Banking, Housing, and Urban Affairs. f (RIN1512–AB91), received October 8, 1999; to EC–5605. A communication from the Gen- REPORTS OF COMMITTEES the Committee on Finance. eral Counsel, Federal Emergency Manage- EC–5593. A communication from the Writ- ment Agency, transmitting, pursuant to law, The following reports of committees er-Editor, Bureau of Alcohol, Tobacco and the report of a rule entitled ‘‘Changes in were submitted:

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12555 By Mr. CHAFEE, from the Committee on cation for a survivor annuity; to the S. 1721. A bill to provide protection Environment and Public Works, without Committee on Governmental Affairs. for teachers, and for other purposes; to amendment: PRIVATE RELIEF LEGISLATION the Committee on the Judiciary. S. 492. A bill to amend the Federal Water ∑ Mrs. FEINSTEIN. Mr. President, I Pollution Act to assist in the restoration of THE TEACHER LIABILITY PROTECTION ACT OF 1999 the Chesapeake Bay, and for other purposes. am offering today legislation to assist ∑ Mr. COVERDELL. Mr. President, I (Rept. No. 106–181). Mrs. Ruth Hairston, of Carson, Cali- rise today to introduce the Teacher Li- S. 1632. A bill to extend the authorization fornia. Identical legislation has passed ability Protection Act of 1999. This leg- of appropriations for activities at Long Is- the House without objection under the islation provides limited immunity for land Sound (Rept. No. 106–182). sponsorship of Representative JUANITA teachers, principals and other edu- By Mr. CHAFEE, from the Committee on MILLENDER-MCDONALD. I am pleased to Environment and Public Works, with an cation professionals who take reason- support this effort in the Senate. able measures to maintain order and amendment in the nature of a substitute: Mrs. Hairston requires this extreme discipline in America’s schools and H.R. 2724. A bill to make technical correc- step in order to be able to pursue a fed- tions to the Water Resources Development classrooms in order to create a positive eral court appeal of the Merit Systems Act of 1999 (Rept. No. 106–183). education environment. In other words, Protection Board (# CSF 2221413), it allows teachers to do what is nec- f which denied Mrs. Hairston’s eligibility essary to provide an environment con- INTRODUCTION OF BILLS AND for an annuity following the retire- ducive to learning without fear of JOINT RESOLUTIONS ment and untimely death of her former being sued. This bill allows teachers to husband. The legislation does not re- The following bills and joint resolu- control their classrooms. It allows tions were introduced, read the first quire the annuity, but will only permit the filing of an appeal with the United teachers to teach. and second time by unanimous con- The ability of teachers and principals sent, and referred as indicated: States Court of Appeals. As a result, Mrs. Hairston will be permitted to to teach, inspire and shape the intel- By Mrs. FEINSTEIN: challenge the denial on the merits, lect of our Nation’s students is hin- S. 1720. A bill for the relief of Mrs. Ruth dered by frivolous lawsuits and litiga- Hairston of Carson, California by the waiver rather than accept the denial due to the failure to file an appeal within tion. By creating a national standard of a filing deadline for appeal from a ruling for protecting teachers and education relating to her application for a survivor an- thirty days. nuity; to the Committee on Governmental I would briefly like to describe the professionals through limited civil li- Affairs. facts that warrant this legislation. ability immunity, we allow teachers to By Mr. COVERDELL: Mr. Paul Hairston retired in 1980, teach, and we help our children to S. 1721. A bill to provide protection for electing a survivor annuity for Mrs. learn. teachers, and for other purposes; to the Com- Hairston to receive one-half the retire- Mr. President, we must give edu- mittee on the Judiciary. ment benefit under the settlement cators the resources they need to edu- By Mr. THOMAS (for himself and Mr. terms. Mr. and Mrs. Hairston began re- cate our children, and these resources ENZI): S. 1722. A bill to amend the Mineral Leas- ceiving benefits in 1988. include the legal protection necessary ing Act to increase the maximum acreage of The Merit Systems Protection Board, to do their job and maintain a safe Federal leases for sodium that may be held which reviews Civil Service retirement classroom. Principals must be able to by an entity in any 1 State, and for other claims, concluded Mr. Hairston had control the schools, teachers must be purposes; to the Committee on Energy and failed to register Mrs. Hairston for sur- able to control classrooms. Unruly and Natural Resources. vivors benefits following passage of unmanageable children must not be al- By Mr. WYDEN (for himself and Mr. 1985 law, renewing the survivor annuity lowed to endanger, intimidate or harm SMITH of Oregon): previously selected in 1985. As a result other students. It is our responsibility, S. 1723. A bill to establish a program to au- the spousal survivor benefits for Mrs. as members of the United States Sen- thorize the Secretary of the Interior to plan, Hairston were canceled. Following Mr. design, and construct facilities to mitigate ate, to give teachers the legal protec- impacts associated with irrigation system Hairston’s death in 1995, Mrs. Hair- tions necessary to provide a safe learn- water diversions by local governmental enti- ston’s benefits, her portion of his re- ing environment for all children in ties in the Pacific Ocean drainage of the tirement benefit under the divorce set- their care. We must give teachers the States of Oregon, Washington, Montana, and tlement, ceased. Mrs. Hairston was de- freedom they need to responsibly han- Idaho; to the Committee on Energy and Nat- nied eligibility as a surviving spouse, dle potentially dangerous situations ural Resources. but did not challenge or appeal the de- without the fear of frivolous legal re- By Mr. BAUCUS: nial of eligibility, due to hospitaliza- S. 1724. A bill to modify the standards for prisals. tion and poor health. Based on the Volunteer Protection responding to import surges under section I am pleased to introduce this private 201 of the Trade Act of 1974, to establish Act of 1997, which I introduced and mechanisms for agricultural import moni- legislation to assist my constituent which was signed into law, the Teacher toring and the prevention of circumvention Mrs. Ruth Hairston. While this legisla- Liability Protection Act would create of United States trade laws, and to strength- tion represents an extraordinary meas- a national standard to protect every ure, the step is necessary in order to en the enforcement of United States trade teacher in the country, but would not remedy laws; to the Committee on Finance. permit her to appeal the denial of eligi- override any state law that provides bility by the Merit Systems Protection f greater immunity or liability protec- Board in federal court. As I have pre- tion. This bill recognizes the authority SUBMISSION OF CONCURRENT AND viously stated, this legislation does not of the states on these matters and al- SENATE RESOLUTIONS require any specific outcome. The fed- lows them to opt out of the coverage The following concurrent resolutions eral court will review the appeal with and provide teachers with a higher or and Senate resolutions were read, and all the rigor the case deserves. How- lower level of liability protection if referred (or acted upon), as indicated: ever, Mrs. Hairston will receive her day they so choose. By Mr. DOMENICI (for himself and Mr. in court and the opportunity to chal- This bill also recognizes that mil- BINGAMAN): lenge the decision by the Merit Sys- S. Res. 202. A resolution recognizing the tems Protection Board to deny her eli- lions of parents across the nation de- distinguished service of John E. Cook of Wil- gibility. pend upon teachers, principals and liams, Arizona; considered and agreed to. I understand Mrs. Hairston is under other school professionals for the edu- f considerable financial pressure and cational development of their children. could face foreclosure on her home. I it affirms the fact that most teachers STATEMENTS ON INTRODUCED are hard-working professionals who BILLS AND JOINT RESOLUTIONS am pleased to try to assist Mrs. Hair- ston in her appeal. Mr. President, I care deeply for our children and go to By Mrs. FEINSTEIN: hope you and the subcommittee will extraordinary lengths to help them S. 1720. A bill for the relief of Mrs. support this bill so that Mrs. Hairston learn. However, this bill does not pro- Ruth Hairston of Carson, California by may begin to rebuild her life.∑ tect a teacher when he or she engages the waiver of a filing deadline for ap- in wanton and willful misconduct, a peal from a ruling relating to her appli- By Mr. COVERDELL: criminal act or violations of State and

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12556 CONGRESSIONAL RECORD — SENATE October 13, 1999 Federal civil rights laws. It simply pro- five) of which are in our state, are ex- Producers need to know of mine ex- tects teachers who undertake reason- tremely competitive with one another pansion is possible in order to develop able actions to maintain order, dis- for a relatively flat domestic market. structural design plans which are safe, cipline and an appropriate learning en- And, they are also faced with stiff efficient and maximize the large eco- vironment as the public and society ex- international competition. nomic outlays. This is the predict- pect them to do. I believe this legislation is necessary ability that any manufacturer needs I invite my colleagues to support this to sustain the global competitiveness when contemplating a major capital important and meaningful legislation of the U.S. soda ash industry. Since our investment. And in the end, it is the and to give our Nation’s teachers the state is blessed with the largest known capital required, rather than the acre- freedom they need to educate our chil- deposits of trona in the world, I am age available, the must be weighed by dren.∑ proud to say that the United States so- new entrants. dium industry is also the world’s low I would like to note that despite con- By Mr. THOMAS (for himself and cost supplier of soda ash. U.S. produced solidated in the Wyoming trona patch, Mr. ENZI): soda ash, critical to glass manufacture, there is an anticipated new entrant to S. 1722. A bill to amend the Mineral is accountable for a $400 million posi- the soda ash business in our neigh- Leasing Act to increase the maximum tive contribution to our balance of boring state of Colorado. Moreover, in acreage of Federal leases for sodium trade. Today, the U.S. soda ash indus- Wyoming, six other leaseholders have that may be held by an entity in any 1 try comprises five active producers— substantial holdings that could be State, and for other purposes; to the four in my home state—generating translated into active production. This Committee on Energy and Natural Re- some 12 million tons of soda ash per bill does not discourage their entry. In sources. year, or approximately a third of the fact, by raising the current cap on TRONA MARKET COMPETITION ACT OF 1999 world’s demand. acreage holdings, it creates an incen- Mr. THOMAS. Mr. President, I rise But I have learned we cannot take tive for additional purchase by these today to introduce a bill which revises these producers for granted. Like so holders, one of whom already exceeds an outdated and constricting statute many other industries basic to our the existing limitation. for the number of federal sodium leases economy such as steel, paper, alu- Raising the acreage limitation for which can be held by any single pro- minum, copper, and so on, the soda ash trona is also consistent with good envi- ducer within a state. This limitation is mines must take the measures nec- ronmental and safety practices fol- damaging the economic viability of an essary to stay competitive. I know, as lowed by this industry. Much of the environmental responsible and critical Chairman of the Foreign Relations currently mined out acreage is essen- mining industry for our country. The Subcommittee on East Asian and Pa- tial to proper ventilation of ongoing soda ash industry has been operating cific Affairs, that many countries have operations and therefore critical mine under the present acreage limitation make it difficult to export U.S. soda safety. In addition, the mechanically for five decades. This cap for lease ash. They have erected tariff and non- mined out sections are also available tariff barriers to support their own less holdings is the oldest acreage limita- for proper tailings disposal, thus avoid- efficient domestic producers. tion under the Mineral Leasing Act. In ing environmental degradation else- For this season, U.S. producers have where. This is a practice encouraged by fact, sodium is the only mineral sub- formed the American Natural Soda Ash our Wyoming State Department of En- ject to the Act which has not had an Corporation (ANSAC), in recognition vironmental Quality. increase since the law was amended in that the growth of U.S. soda ash is de- In summary, Mr. President, the bill I 1948. It is out of date with the competi- pendent on its ability to effectively ex- am introducing today provides critical tive and technological advances in the port. ANSAC is the sole authorized ex- changes in existing statutes in order to industry and needs to be changed as we porter of soda ash and is wholly owned sustain the economic viability of an move into the next century. by the six U.S. sodium producers. It ac- environmental responsible and critical Specifically this legislation provides counts for the employment of some mining industry in our country. The the Secretary of the Interior with dis- 20,000 people in the U.S. and exports current sodium lease limitation is ap- cretion to increase the federally held more than $400 million in soda ash to 45 proximately one-third of the per state acreage of individual sodium pro- different countries. ducers; the same additional discre- This is but one example of how our Federal lease cap for coal potassium, tionary authority he has had for some domestic industry has taken the steps and one-sixteenth the lease acreage cap time for other mineral categories af- necessary to compete effectively for oil and gas. After passing the Min- fected by this law. It would increase abroad. In addition, the producers in eral Leasing Act in 1948, Congress and the current limitation from 15,360 acres my state are making major invest- the Bureau of Land Management have per producer, to 30,720 acres. ments in moderizing their facilities revised acreage limits for other min- The Mineral Leasing Act set forth and sustaining the level of capital in- erals to meet the needs of these indus- these limits to ensure that no single vestment necessary to continue to be tries consistent with good mining and entity can control too much of any sin- competitive both at home and abroad. environmental practices. In light of the gle mineral reserve. This remains an The start-up cost for a new soda ash conditions I have described, I believe it important objective. A lease limitation operation is estimated to be at least is time we recognize the need to update ensures that there is sufficient com- $350 million, and to develop a world the lease limitation for the trona in- petition, while providing an incentive class mine, $150 million. This is largely dustry as well. for development of these reserves and due to the fact that soda ash is mined I thank you for the time and oppor- ensures a reasonable rate of return to underground and thus requires a so- tunity to discuss this important legis- the Federal Treasury. My bill is con- phisticated processing plant to turn lation. I ask unanimous consent that sistent with these objectives and seeks raw ore into the finished products. This the text of the bill be printed in the only to conform the present limitation is simply the reality of what is re- RECORD. to current economic and international quired to stay competitive. There being no objection, the bill was conditions. Indeed I am pleased that At this cost a new entrant, as well as ordered to be printed in the RECORD, as this bill has the full support of the Wy- existing producers, must have a pre- follows: oming Mining Association, including dictable ‘‘mine plan.’’ A primary com- S. 1722 smaller sodium lease holders, who have ponent of such a plan is a predictable Be it enacted by the Senate and House of traditionally been concerned increas- level of reserves that will last several Representatives of the United States of America ing acreage. decades. The legislation I am intro- in Congress assembled, Mr President, I offer this bill after ducing today would help provide this SECTION 1. TITLE. This Act shall be entitled the ‘‘Trona Mar- carefully reviewing the need for it in predictability by giving the Secretary ket Competition Act of 1999’’. light of current conditions affecting the discretion to raise lease limits on a SEC. 2. SODIUM MINING ON FEDERAL LAND. the soda ash industry in my state. In case-by-case basis if the producer can (a) FINDINGS.—Congress finds that— my examination, I have been reminded show it is in need of additional reserves (1) Federal land contains commercial de- that U.S. soda ash producers, four (of to maintain its operations. posits of trona, the world’s largest deposits

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12557 of trona being located on Federal land in Mineral Leasing Act that would allow THE AGRICULTURE IMPORT SURGE RELIEF ACT southwestern Wyoming; the Secretary of the Interior, at his Mr. BAUCUS. Mr. President, I rise (2) trona is mined on Federal land through discretion, to permit a person or cor- today to introduce the Agriculture Im- Federal sodium leases under the Act of Feb- port Surge Relief Act of 1999. ruary 25, 1920 (commonly known as the poration to hold sodium leases on fed- ‘‘Mineral Leasing Act’’) (30 U.S.C. 181 et eral land of up to 30,720 acres in any This year’s harvest is nearly over in seq.); one State. This is a two-fold increase Montana and the rest of the country. (3) the primary product of trona mining is over the current discretionary acreage But instead of breathing a sigh of relief soda ash (sodium carbonate), a basic indus- limitation of 15,360 acres. The current after a summer of hard work, many of trial chemical that is used for glassmaking limit was established over 50 years ago our farmers are holding their breath, and a variety of consumer products, includ- while the acreage limitation of other wondering whether they will even be ing baking soda, detergents, and pharma- minerals, including coal, potassium, able to farm next year. With prices at ceuticals; (4) the Mineral Leasing Act sets for each and oil and gas, have been increased a 50-year low, global oversupply and leasable mineral a limitation on the amount considerably during that same time in unpredictable surges in imports, our of acreage of Federal leases any 1 producer order to meet the needs of these indus- rural communities continue to face cri- may hold in any 1 State or nationally; tries. By increasing the federal acreage sis. (5)(A) the present acreage limitation for limitation for trona, Congress will take We in the Senate have been working Federal sodium leases has been in place for an important step to ensure future pro- hard to address this triad of problems. over 5 decades, since 1948, and is the oldest ductivity and international competi- Today, I would like to offer a partial acreage limitation in the Mineral Leasing tiveness of an industry that has great solution to the trade angle—the Agri- Act; culture Import Surge Relief Act. This (B) over that time, Congress or the Bureau importance for the State of Wyoming of Land Management has revised the acreage and the United States. This legislation Act addresses surges in agricultural limits applicable to other minerals to meet will in turn benefit the federal govern- imports. the needs of the respective industries; and ment through continued royalties de- For a variety of reasons, including (C) currently the sodium lease acreage rived from soda ash mined on federal overcapacity overseas, misaligned ex- limit of 15,360 acres per State is approxi- land. changes rates, and low international mately 1⁄3 of the per-State Federal lease Mr. President, the State of Wyoming commodity prices, we may find a sud- acreage limit for coal (46,080 acres) and po- den, sharp, and unpredictable increase 1 has long depended on the mineral in- tassium (51,200 acres) and ⁄16 of the per-State in import levels of particular agricul- Federal lease acreage limit for oil and gas dustry as a vital part of its economy. (246,080 acres); Since one-half of our state is comprised tural product. This type of sudden rise (6) 3 of the 4 trona producers in Wyoming of federal land, private companies must in import levels damage the heart of are operating mines on Federal leaseholds temporarily lease portions of this land our economy and our farm commu- that contain total acreage close to the so- in order to extract minerals that ben- nities. dium lease acreage ceiling; efit the entire country, and indeed, the We must do a better job of moni- (7) the same reasons that Congress cited in entire world. The mining of natural toring these surges so that we see them enacting increases per State lease acreage soda ash, or trona, is an integral part as soon as they start. And we must do caps applicable in the case of other min- of the state’s economy, especially for a better and faster job of responding to erals—the advent of modern mine tech- these surges to provide relief to our nology, changes in industry economics, those who live in southwestern Wyo- greater global competition, and the need to ming. This trona is mined and con- producers before they go out of busi- conserve Federal resources—apply to trona; verted to refined soda ash (sodium car- ness. (8) existing trona mines require additional bonate) which is used in the production The Agriculture Import Surge Relief lease acreage to avoid premature closure, of glass, detergents, pharmaceuticals, Act targets these goals by making sev- but those mines cannot relinquish mined-out and other sodium chemicals. Currently, eral critical improvements in Section areas to lease new acreage because those three of the four trona producers in 201 of U.S. trade law. areas continue to be used for mine access, Wyoming are operating mines on fed- Section 201 is the so-called ‘‘safe- ventilation, and tailings disposal and may guard’’ provision that is designed to provide future opportunities for secondary eral leaseholds that contain total acre- recovery by solution mining; age close to the discretionary sodium prevent serious disruption of our do- (9) to enable them to make long-term busi- lease acreage ceiling. By increasing mestic industry because of imports. It ness decisions affecting the type and amount this federal limit, we will give Wyo- is also the very provision that was used of additional infrastructure investments, ming producers the certainty they need by U.S. lamb producers earlier this trona producers need certainty that suffi- to continue and expand their substan- year to find relief from a surge in lamb cient acreage of leasable trona will be avail- tial capital investments in the State of imports from Australia and New Zea- able for mining in the future; and Wyoming and allow America to remain land. I am pleased that U.S. lamb pro- (10) to maintain the vitality of the domes- ducers prevailed; but it cost them dear- tic trona industry and ensure the continued competitive in this important mineral flow of valuable revenues to the Federal and industry. This acreage increase rep- ly—in both time and money. Unlike State governments and of products to the resents a modest, responsible modifica- other industries, agriculture is extraor- American public from trona production on tion to the Mineral Leasing Act that dinarily time sensitive. A year-long Federal land, the Mineral Leasing Act should takes modern economic realities into case can find many producers driven be amended to increase the acreage imita- account without deterring the entry of out of business before it ends. tion for Federal sodium leases. new companies into the domestic mar- It is also important to note that Sec- (b) AMENDMENT.—Section 27(b)(2) of the ket for mineable trona. tion 201 is not a protectionist measure. Act of February 25, 1920 (30 U.S.C. 184(b)(2)), It is a short-term mechanism used to is amended by striking ‘‘fifteen thousand I urge my colleagues to support the three hundred and sixty acres’’ and inserting swift passage of this modification to get an ‘‘injured’’ American industry ‘‘30,720 acres’’. the Mineral Leasing Act in order to en- back on its feet and competing again. I Mr. ENZI. Mr. President, today I join sure stability, growth, and continued consider Section 201 as a ‘‘breathing Senator THOMAS in the introduction of international competitiveness of Amer- room’’ provision. That is, it gives tem- S. 1722, a bill to increase the federal ica’s trona industry. porary relief to a domestic industry by statutory acreage limitation for do- providing for a short-term restraint on mestic trona producers. This legisla- By Mr. BAUCUS: imports that have surged into the tion will bring the federal statutory S. 1724. A bill to modify the stand- United States. acreage limitation for trona more in ards for responding to import surges My bill proposes four changes to the line with acreage limitations for other under section 201 of the Trade Act of way we anticipate and respond to mineral commodities and will allow 1974, to establish mechanisms for agri- surges in agriculture. American trona producers to remain cultural import monitoring and the First, the Act amends Section 201 of competitive in the international mar- prevention of circumvention of United the Trade Act of 1974 to be more re- ketplace well into the twenty-first cen- States trade laws, and to strengthen sponsive to import surges—for any in- tury. the enforcement of United States trade dustry. This legislation will make a small remedy laws; to the Committee on Fi- Like the Import Surge Relief Act I but important change in the federal nance. introduced last May, co-sponsored by

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12558 CONGRESSIONAL RECORD — SENATE October 13, 1999 Senator LEVIN, this bill eases Section The Agricultural Import Surge Relief commemoration of the bicentennial of 201’s overly strict injury standard. No Act will begin to bring stability and the Lewis and Clark Expedition, and longer will American industry have to predictability back to the system. I for other purposes. comply with a standard higher than urge my colleagues to support this pro- S. 1327 that of our international trading part- posal. At the request of Mr. CHAFEE, the ners. They will simply have to prove an f name of the Senator from California increase in imports over a short period ADDITIONAL COSPONSORS (Mrs. BOXER) was added as a cosponsor of time which cause or threaten to of S. 1327, a bill to amend part E of cause serious injury to the domestic S. 178 title IV of the Social Security Act to market. At the request of Mr. INOUYE, the provide States with more funding and The Act also speeds up the process name of the Senator from Maryland greater flexibility in carrying out pro- for addressing import surges. Recently, (Ms. MIKULSKI) was added as a cospon- grams designed to help children make I hosted a town hall meeting in Kali- sor of S. 178, a bill to amend the Public the transition from foster care to self- spell, Montana. Many agriculture lead- Health Service Act to provide for the sufficiency, and for other purposes. ers expressed their concern that the establishment of a National Center for S. 1369 process of responding to surges is just Social Work Research. too long. The same message came At the request of Mr. JEFFORDS, the S. 381 through loud and clear last week when name of the Senator from California At the request of Mr. INOUYE, the a record number of us in the Congress (Mrs. BOXER) was added as a cosponsor name of the Senator from California testified before the International Trade of S. 1369, a bill to enhance the benefits (Mrs. BOXER) was added as a cosponsor Commission regarding imported Cana- of the national electric system by en- of S. 381, a bill to allow certain individ- dian cattle. Relief that is too late can couraging and supporting State pro- uals who provided service to the Armed mean the devastation of an industry— grams for renewable energy sources, Forces of the United States in the Phil- and the devastation of Rural America. universal electric service, affordable ippines during World War II to receive My bill would cut the time in half for electric service, and energy conserva- a reduced SSI benefit after moving this process and give the ITC Commis- tion and efficiency, and for other pur- back to the Philippines. sioners the ability to make decisions poses. on an expedited basis. S. 662 S. 1448 It will also bring credibility to the At the request of Mr. CHAFEE, the At the request of Mr. HUTCHINSON, final decision-making process. As we name of the Senator from Wisconsin the name of the Senator from South learned in the lamb case, the President (Mr. KOHL) was added as a cosponsor of Dakota (Mr. JOHNSON) was added as a has the ultimate decision-making au- S. 662, a bill to amend title XIX of the cosponsor of S. 1448, a bill to amend the thority. This means he can accept, Social Security Act to provide medical Food Security Act of 1985 to authorize change or reject recommendations assistance for certain women screened the annual enrollment of land in the from the International Trade Commis- and found to have breast or cervical wetlands reserve program, to extend sion based on information above and cancer under a federally funded screen- the program through 2005, and for other beyond the evidence presented during ing program. purposes. S. 777 the laborious hearings. S. 1478 My bill requires that the President, At the request of Mr. FITZGERALD, At the request of Mr. DASCHLE, the in deciding whether to take action, the names of the Senator from Indiana name of the Senator from Connecticut focus more than he has in the past on (Mr. LUGAR) and the Senator from (Mr. DODD) was added as a cosponsor of the beneficial impact of a remedy, South Dakota (Mr. JOHNSON) were S. 1478, a bill to amend part E of title rather than on the negative impact on added as cosponsors of S. 777, a bill to IV of the Social Security Act to pro- other industries. And in do so, he must require the Department of Agriculture vide equitable access for foster care make provisional relief available on an to establish an electronic filing and re- and adoption services for Indian chil- urgent basis. trieval system to enable the public to dren in tribal areas. Second, the Act establishes an Agri- file all required paperwork electroni- cultural Products Import Monitoring cally with the Department and to have S. 1483 and Enforcement Program. The pro- access to public information on farm At the request of Mr. REID, the name gram shall: Promote and defend US programs, quarterly trade, economic, of the Senator from Virginia (Mr. policy with respect to import safe- and production reports, and other simi- ROBB) was added as a cosponsor of S. guards and countervailing or anti- lar information. 1483, a bill to amend the National De- fense Authorization Act for Fiscal Year dumping duty actions if challenged in S. 805 the World Trade Organization, identify 1998 with respect to export controls on At the request of Mr. DURBIN, the high performance computers. foreign trade-distorting measures, and names of the Senator from South Da- develop policies and responsive actions kota (Mr. JOHNSON) and the Senator S. 1500 to address such measures. from Georgia (Mr. COVERDELL) were At the request of Mr. HATCH, the Finally, the bill provides an early added as cosponsors of S. 805, a bill to name of the Senator from Michigan warning system. We simply cannot amend title V of the Social Security (Mr. ABRAHAM) was added as a cospon- wait until we see that an American in- Act to provide for the establishment sor of S. 1500, a bill to amend title dustry is devastated. We must be able and operation of asthma treatment XVIII of the Social Security Act to to project ahead, understand the services for children, and for other pur- provide for an additional payment for threats facing an industry, and then poses. services provided to certain high-cost consider quickly what type of action to S. 1133 individuals under the prospective pay- take, if any. ment system for skilled nursing facil- At the request of Mr. GRAMS, the My bill requires the Secretary of ity services, and for other purposes. Commerce to monitor imports and re- name of the Senator from South Da- S. 1515 port its findings on a quarterly basis kota (Mr. JOHNSON) was added as a co- until 2005. This is absolutely critical to sponsor of S. 1133, a bill to amend the At the request of Mr. HATCH, the take rapid action. Poultry Products Inspection Act to name of the Senator from Minnesota Finally, with the next round of the cover birds of the order Ratitae that (Mr. WELLSTONE) was added as a co- World Trade Organization talks ap- are raised for use as human food. sponsor of S. 1515, a bill to amend the proaching, the expiration of the Farm S. 1187 Radiation Exposure Compensation Act, Bill, and uncertainties in global finan- At the request of Mr. DORGAN, the and for other purposes. cial markets, anything can happen. name of the Senator from Wyoming S. 1563 U.S. industry, and our farm commu- (Mr. THOMAS) was added as a cosponsor At the request of Mr. ABRAHAM, the nities, however, should not bear the of S. 1187, a bill to require the Sec- name of the Senator from Virginia (Mr. brunt. retary of the Treasury to mint coins in ROBB) was added as a cosponsor of S.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12559 1563, a bill to establish the Immigra- ignating the week of October 10, 1999, paign Act of 1971 (2 U.S.C. 441a(a)(1)) is tion Affairs Agency within the Depart- through October 16, 1999, as the ‘‘Na- amended— ment of Justice, and for other pur- tional Cystic Fibrosis Awareness (1) in subparagraph (A), by striking poses. Week’’. ‘‘$1,000’’ and inserting ‘‘$3,000’’; (2) in subparagraph (B), by striking S. 1592 f ‘‘$20,000’’ and inserting ‘‘$60,000’’; and At the request of Mr. DURBIN, the SENATE RESOLUTION 202—RECOG- (3) in subparagraph (C), by striking name of the Senator from Virginia (Mr. NIZING THE DISTINGUISHED ‘‘$5,000’’ and inserting ‘‘$15,000’’. ROBB) was added as a cosponsor of S. SERVICE OF JOHN E. COOK OF (b) INCREASE IN AGGREGATE INDIVIDUAL LIMIT.—Section 315(a)(3) of the Federal Elec- 1592, a bill to amend the Nicaraguan WILLIAMS, ARIZONA Adjustment and Central American Re- tion Campaign Act of 1971 (2 U.S.C. lief Act to provide to certain nationals Mr. DOMENICI (for himself and Mr. 441a(a)(3)) is amended by striking ‘‘$25,000’’ and inserting ‘‘$75,000’’. of El Salvador, Guatemala, Honduras, BINGAMAN) submitted the following res- (c) INCREASE IN MULTICANDIDATE LIMITS.— and Haiti an opportunity to apply for olution; which was considered and agreed to: Section 315(a)(2) of the Federal Election adjustment of status under that Act, Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is S. RES. 202 and for other purposes. amended— Whereas John E. Cook has recently retired S. 1609 (1) in subparagraph (A), by striking from the National Park Service after 43 ‘‘$5,000’’ and inserting ‘‘$15,000’’; At the request of Mrs. HUTCHISON, the years of distinguished service to the United name of the Senator from Massachu- (2) in subparagraph (B), by striking States and the people of the western region ‘‘$15,000’’ and inserting ‘‘$45,000’’; and setts (Mr. KERRY) was added as a co- of the Nation; (3) in subparagraph (C), by striking Whereas John E. Cook most recently sponsor of S. 1609, a bill to amend title ‘‘$5,000’’ and inserting ‘‘$15,000’’. served 87 park units in 8 western States, XVIII of the Social Security Act to re- (d) INDEXING OF INCREASED LIMITS.—Sec- vise the update factor used in making stretching from the Canadian border to Mex- ico, as Director of the Intermountain Region tion 315(c) of the Federal Election Campaign payments to PPS hospitals under the of the National Park Service; Act of 1971 (2 U.S.C. 441a(c)) is amended— Medicare Program. Whereas John E. Cook is in the third of 4 (1) in the second sentence of paragraph (1), S. 1619 generations from the Cook family who have by striking ‘‘subsection (b) and subsection served the National Park Service with en- (d)’’ and inserting ‘‘subsections (a), (b), and At the request of Mr. DEWINE, the (d)’’; and name of the Senator from Texas (Mr. thusiasm and dedication; Whereas John E. Cook’s father, John O. (2) in paragraph (2), by striking subpara- GRAMM) was added as a cosponsor of S. Cook, and his grandfather, John E. Cook, graph (B) and inserting the following: 1619, a bill to amend the Trade Act of served the National Park Service in the ‘‘(B) the term ‘base period’ means— 1974 to provide for periodic revision of southwestern region, and his daughter Kayci ‘‘(i) in the case of subsections (b) and (d), retaliation lists or other remedial ac- Cook, currently serves as superintendent of calendar year 1974; and tion implemented under section 306 of Fort McHenry National Monument and His- ‘‘(ii) in the case of subsection (a), calendar such Act. toric Shrine in Baltimore; year 1999.’’. Whereas John E. Cook began his National S. 1626 Park Service career as a mule skinner at f At the request of Mr. HATCH, the what is now Saguaro National Park; name of the Senator from Massachu- Whereas John E. Cook, who is of Cherokee setts (Mr. KERRY) was added as a co- descent, speaks Navajo, and has worked dili- NOTICES OF HEARINGS gently to promote Native American under- sponsor of S. 1626, a bill to amend title COMMITTEE ON AGRICULTURE, NUTRITION, AND standing; XVIII of the Social Security Act to im- FORESTRY Whereas John E. Cook has held 4 regional prove the process by which the Sec- directorships, 1 deputy regional directorship, Mr. LUGAR. Mr. President, I would retary of Health and Human Services and 5 superintendencies within the National like to announce that the Senate Com- makes coverage determinations for Park Service, and has proven to be a strong mittee on Agriculture, Nutrition, and items and services furnished under the manager of people and parks, linking cul- Forestry will meet on October 14, 1999, Medicare Program, and for other pur- tural and natural resource management; and in SR–328A at 9 a.m. The purpose of poses. Whereas the citizens of the United States and the National Park Service owe John E. this meeting will be to discuss risk S. 1644 Cook a debt of gratitude and wish to con- management and crop insurance. At the request of Mr. ABRAHAM, the gratulate him on his well-deserved retire- COMMITTEE ON ENERGY AND NATURAL name of the Senator from Virginia (Mr. ment: Now, therefore, be it RESOURCES ROBB) was added as a cosponsor of S. Resolved, That the Senate— Mr. MURKOWSKI. Mr. President, I 1644, a bill to provide additional meas- (1) congratulates John E. Cook for 43 years of service to the National Park Service; would like to announce for the public ures for the prevention and punishment that a hearing has been scheduled be- of alien smuggling, and for other pur- (2) acknowledges the admiration and affec- tion that John E. Cook’s friends share for fore the Committee on Energy and Nat- poses. him; and ural Resources. S. 1652 (3) recognizes the pride and high standard The hearing has been scheduled for At the request of Mr. CHAFEE, the of workmanship exhibited by John E. Cook Thursday, October 21, 1999, at 9:30 a.m., name of the Senator from Kansas (Mr. for 43 years. in room SD–366 of the Dirksen Senate BROWNBACK) was added as a cosponsor f Office Building in Washington, DC. of S. 1652, a bill to designate the Old AMENDMENTS SUBMITTED The purpose of this hearing is to con- Executive Office Building located at duct oversight on the issues related to 17th Street and Pennsylvania Avenue, land withdrawals and potential Na- NW, in Washington, District of Colum- BIPARTISAN CAMPAIGN REFORM tional Monument designations using bia, as the Dwight D. Eisenhower Exec- ACT OF 1999 the Antiquities Act, or Federal Land utive Office Building. Policy and Management Act (FLPMA). SENATE RESOLUTION 118 THOMPSON AMENDMENT NO. 2292 The hearing will address a number of At the request of Mr. REID, the name issues, including public notice and par- of the Senator from Texas (Mrs. (Ordered to lie on the table.) ticipation, the role of Congress, and Mr. THOMPSON submitted an HUTCHISON) was added as a cosponsor of the application of other laws such as amendment intended to be proposed by Senate Resolution 118, a resolution des- the Administrative Procedure Act and him to the bill (S. 1593) to amend the ignating December 12, 1999, as ‘‘Na- the National Environmental Policy Federal Election Campaign Act of 1971 tional Children’s Memorial Day.’’ Act. to provide bipartisan campaign reform; SENATE RESOLUTION 190 Those who wish to submit written as follows: At the request of Mr. CAMPBELL, the statements should write to the Com- At the end of the bill, add the following: names of the Senator from Florida (Mr. mittee on Energy and Natural Re- SEC. 6. MODIFICATION OF CONTRIBUTION LIM- MACK) and the Senator from Ohio (Mr. ITS. sources, U.S. Senate, Washington, DC DEWINE) were added as cosponsors of (a) INCREASE IN INDIVIDUAL LIMITS.—Sec- 20510. For further information, please Senate Resolution 190, a resolution des- tion 315(a)(1) of the Federal Election Cam- call Mike Menge (202) 224–6170.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12560 CONGRESSIONAL RECORD — SENATE October 13, 1999 AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. without The PRESIDING OFFICER. Without MEET objection, it is so ordered. objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL SPECIAL COMMITTEE ON THE YEAR 2000 SUBCOMMITTEE ON SEAPOWER RESOURCES TECHNOLOGY PROBLEM Mr. COCHRAN. Mr. President, I ask Mr. COCHRAN. Mr. President, I ask Mr. COCHRAN. Mr. President, I ask unanimous consent that the Sub- unanimous consent that the Com- unanimous consent that the Special committee on Seapower of the Com- mittee on Energy and Natural Re- Committee on the Year 2000 Tech- mittee on Armed Services be author- sources be granted permission to meet nology Problem be permitted to meet ized to meet at 9:30 a.m. on Wednesday, during the session of the Senate on on October 13, 1999, at 9:30 a.m., for the October 13, 1999, in open session, to Wednesday, October 13, for purposes of purpose of conducting a hearing. recieved testimony on force structure conducting a joint committee hearing The PRESIDING OFFICER. Without impacts on fleet and strategic lift oper- objection, it is so ordered. with the Committee on Governmental ation. Affairs, which is scheduled to begin at SUBCOMMITTEE ON EUROPEAN AFFAIRS The PRESIDING OFFICER. Without 10 a.m. The purpose of this oversight Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. unanimous consent that the sub- hearing is to receive testimony on the committee on European Affairs of the f Department of Energy’s implementa- Committee on Foreign Relations be au- ADDITIONAL STATEMENTS tion of provisions of the Department of thorized to meet during the session of Defense Authorization Act which cre- the Senate on Wednesday, October 13, ate the National Nuclear Security Ad- 1999, at 10:15 a.m., to hold a hearing. TRIBUTE TO COLONEL RANDALL ministration. The PRESIDING OFFICER. Without D. BOOKOUT The PRESIDING OFFICER. Without objection, it is so ordered. ∑ objection, it is so ordered. Mr. SHELBY. Mr. President, I wish SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC to recognize and pay tribute to Colonel COMMITTEE ON ENVIRONMENT AND PUBLIC PRESERVATION AND RECREATION Randall D. Bookout, Chief, Senate Li- WORKS Mr. COCHRAN. Mr. President, I ask aison Division, Office of the Chief of Mr. COCHRAN. Mr. President, I ask unanimous consent that the Sub- unanimous consent that the full Com- Legislative Liaison for the U.S. Army, committee on National Parks, Historic who will retire on January 1, 2000. mittee on Environment and Public Preservation and Recreation of the Works be granted permission to con- Colonel Bookout’s career spans 27 Committee on Energy and Natural Re- years during which he has distin- duct a hearing Wednesday, October 13, sources by granted permission to meet at 10 a.m., Hearing Room (SD–406), on guished himself as a soldier, leader and during the session of the Senate on friend of the United States Senate. issues relating to the Clean Water Act, Wednesday, October 13, for purposes of including the following bills: An Ohio native, Colonel Bookout conducting a subcommittee hearing graduated from the United States Mili- S. 669, Federal Facilities Clean Water which is scheduled to begin at 2:30 p.m. Compliance Act of 1999; tary Academy in 1972 and was commis- The purpose of this hearing is to re- sioned as a lieutenant in the Infantry S. 188, Water Conservation and Qual- ceive testimony on S. 167, a bill to ex- ity Incentives Act; and Branch of the U.S. Army. During his tend the authorization for the Upper career, he has commanded at the pla- S. 1706, Water Regulation Improve- Delaware Citizens Advisory Council toon through the battalion levels, ment Act of 1999. and to authorize construction and op- where he ably trained and led Amer- The PRESIDING OFFICER. Without eration of a visitor center for the ica’s soldiers at home and overseas. In objection, it is so ordered. Upper Delaware Scenic and Rec- Fort Wainwright, Alaska, he com- COMMITTEE ON HEALTH, EDUCATION, LABOR, reational River, New York and Penn- AND PENSIONS sylvania; S. 311, a bill to authorize the manded the 4th Battalion, 9th Infantry Mr. COCHRAN. Mr. President, I ask Disabled Veterans’ LIFE Memorial Regiment, ‘‘The Manchus.’’ He has also unanimous consent that the Com- Foundation to establish a memorial in served in command and staff positions mittee on Health, Education, Labor, the District of Columbia or its envi- at Fort Carson, Colorado, the United and Pensions be authorized to meet for rons, and for other purposes; S. 497, a States Military Academy at West a hearing on ‘‘Pain Management and bill to redesignate Great Kills Part in Point, New York, the Pentagon and Improving End-of-Life Care’’ during the Gateway National Recreation Area overseas in Panama and Korea. Prior the session of the Senate on Wednes- as ‘‘World War II Veterans Park at to assuming his current duties, he day, October 13, 1999, at 9:30 a.m. Great Kill’’; H.R. 592, an act to des- served as the Aide de Camp to the Sec- The PRESIDING OFFICER. Without ignate a portion of Gateway National retary of the Army. objection, it is so ordered. Recreation Area as ‘‘World war II Vet- Since January 1996, Randy Bookout COMMITTEE ON INDIAN AFFAIRS erans Park at Miller Field’’; S. 919, a has served with distinction as the Chief Mr. COCHRAN. Mr. President, I ask bill to amend the Quininebaug and of the Army’s Senate Liaison Office unanimous consent that the Senate Shetucket Rivers Valley National Her- where he has superbly represented the Committee on Indian Affairs be author- itage Corridor Act of 1994 to expand the Chief of Legislative Liaison, the Chief ized to meet during the session of the boundaries of the Corridor; H.R. 1619, of Staff, Army and the Secretary of the Senate on Wednesday, October 13, 1999, an act to amend the Quinebaug and Army, as well as promoting the inter- at 9:30 a.m., to mark up S. 964, the Shetucket Rivers Valley National Her- ests of the soldiers and civilians of the Cheyenne River Sioux Tribe Equitable itage Corridor act of 1994 to expand the Army. His professionalism, mature Compensation Act and S. 1508, the In- boundaries of the Corridor; S. 1296, a judgment, sage advice and inter-per- dian Tribal Justice Systems Legal and bill to designate portions of the lower sonal skills have earned him the re- Technical Assistance Act of 1999 fol- Delaware Valley River and associated spect and confidence of the Members of lowed by a hearing on S. 1507, the ‘‘Na- tributaries as a component of the Na- Congress and Congressional staffers tive American Alcohol and Substance tional Wild and Scenic Rivers System; with whom he has worked on a mul- Abuse Program Consolidation Act of S. 1336, a bill to authorize the Sec- titude of issues. In over four years on 1999.’’ retary of the Interior to construct and the Hill, Randy Bookout has been a The hearing will be held in room 485, operate a visitor center for the Upper true friend of the U.S. Congress. Serv- Russell Senate Building. Delaware Scenic and Recreational ing as the Army’s primary point of The PRESIDING OFFICER. Without River on land owned by New York contact for all Senators, their staffs objection, it is so ordered. State, and for other purposes; and S. and Congressional Committees, he has COMMITTEE ON THE JUDICIARY 1569, a bill to amend the Wild and Sce- assisted Congress in understanding Mr. COCHRAN. Mr. President, the nic Rivers Act to designate segments of Army policies, actions, operations and Committee on the Judiciary requests the Taunton River in the Common- requirements. As a result, he and his unanimous consent to conduct a closed wealth of Massachusetts for study for staff have been extremely effective in hearing on Wednesday, October 13, 1999, potential addition to the National Wild providing prompt, coordinated and fac- beginning at 10 a.m., in Room S407, the and Scenic Rivers System, and for tual replies to all inquiries and matters Capitol. other purposes. involving Army issues. In addition, he

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12561 has provided invaluable assistance to practices and principles influenced the from his neighbors. Bill was a man who Members and their staffs while plan- worship service there and today still was loved by a great many people and ning, coordinating and accompanying form the basis of Reform Judaism. Dur- his loss will be shared by them also.∑ Senate delegations traveling worldwide ing the construction of the new temple f to over sixty countries. His substantive in 1840, an organ was installed, encased INSTALLATION OF WILLIAM knowledge of the key issues, keen leg- in mahogany to complement the build- GORDON islative insight, and ability to effec- ing’s interior. Said to have 700 pipes tively advise senior members of the and costing $2,500, the organ provided ∑ Mr. BINGAMAN. Mr. President, on Army leadership directly contributed the first instrumental music used in Sunday William C. Gordon was in- to the successful representation of the worship in any synagogue in America. stalled as the 16th President of the Army’s interests before Congress. Many members of K.K. Beth Elohim University of New Mexico. Throughout his career, Colonel have been distinguished city, state and A psychologist by training, Dr. Gor- Randy Bookout has demonstrated his national leaders, including early don came to New Mexico by way of profound commitment to our Nation, congregant Moses Lindo, who before Wake Forest University, and Rutgers, his selfless service to the Army, a deep the Revolution helped to develop the where he earned his Ph.D. He taught at concern for soldiers and their families, cultivation of indigo. Joseph Levy, vet- the State University of New York be- and a commitment to excellence. Colo- eran of the Cherokee War of 1760–61, fore moving to Albuquerque more than nel Bookout is a consummate profes- was probably the first Jewish military twenty years ago. Serving as a Pro- sional whose performance, in over 27 officer in America. Almost two dozen fessor of Psychology, then as chairman years of service, has personified those men of Beth Elohim served in the of the department, he became Dean of traits of courage, competency and in- American Revolution, most notably the College of Arts and Sciences. From tegrity that our Nation has come to ex- Francis Salvador who, as a delegate to there he became the Provost and Vice pect from its professional Army offi- the South Carolina Provincial Con- President for Academic Affairs and cers. gresses of 1775–1776, was one of the first then assumed the job of interim presi- Mr. President, I ask my colleagues to Jews to serve in the American legisla- dent. It was during that period, and join me in thanking Colonel Bookout ture. The blind poet Penina Moise was after a national search had been con- for his honorable service to the U.S. a famous early superintendent of the ducted, that he himself was named Army and the people of the United Jewish Sunday School at Beth Elohim. President in March of this year. States. We wish him and his family Today, Beth Elohim is led by Rabbi Distinguished and well respected, Dr. Godspeed and all the best in the fu- Anthony David Holz and Rabbi Emer- Gordon has worked diligently through- ture.∑ itus William A. Rosenthall. The con- out his administrative career to im- f gregation continues to function as a prove the university not only for the vital part of the Charleston community students and faculty, but for the staff CELEBRATING THE 250TH ANNI- and deserves many congratulations on and the wider community. He has VERSARY OF KAHAL KADOSH reaching this milestone—250 years of sought to improve both the education BETH ELOHIM rich history.∑ people are getting, and the way they ∑ Mr. HOLLINGS. Mr. President, it is a f are getting it. The University of New pleasure for me to recognize today the Mexico is our state’s largest institu- congregation of Kahal Kadosh Beth BILL WOLFF tion of higher learning. The potential Elohim in Charleston, S.C. as it cele- ∑ Mr. BURNS. Mr. President, I rise this represents is not lost on Dr. Gor- brates its 250th anniversary on October today to recognize the efforts of a don, and we look to him for leadership 23 1999. group of farmers in eastern Montana well into the 21st century.∑ Beth Elohim is the fourth oldest Jew- who pulled together following a tragic f ish congregation in the United States. accident to help the Family of Bill TRIBUTE TO SERGEANT MAJOR The congregation still worships in a Wolff harvest their crops. synagogue built in 1840–41 in the Greek Sadly, the Wolff family suffered a GORDON R. TAFT, UNITED Revival style, making it the oldest terrible loss on September 10, when a STATES ARMY synagogue in continuous use in the farming accident claimed Bill’s life. In ∑ Mr. SHELBY. Mr. President, I rise United States. In 1980, the building was the midst of this tragedy, Bill’s neigh- today to pay tribute to Sergeant Major designated a National Historic Land- bor’s gathered in an impressive effort Gordon R. ‘‘Randy’’ Taft, United States mark. to help the Wolff family harvest their Army, a native of Decatur, Alabama, Jewish settlers arrived in Charleston grain. who is retiring this month from active as early as 1695 and by 1749 were nu- In all more than 20 trucks and 12 duty after twenty-six years of distin- merous enough to organize the present combines arrived in Glendive to assist guished service to the country. Ser- congregation of Beth Elohim, then in the harvest. Working simulta- geant Major Taft, who currently serves known as Holy Congregational House neously, the combines were able to cut as the Senior Enlisted Advisor to the of God. These settlers were attracted 135 acres per hour and bring in the har- Director of the Defense Logistics Agen- by South Carolina’s civil and religious vest for the Wolff family. cy in Fort Belvoir, Virginia, has de- liberty as well as the economic oppor- Jim Wolff, one of Bill’s nephews said, voted his professional life to sup- tunities the colony offered. In 1792, ‘‘After experiencing the great team- porting the personal, administrative, construction of the synagogue began. work here today, it’s going to be dif- and logistics needs of military men and The structure stood until being de- ficult to go home and finish my own women assigned around the world in stroyed in the Charleston fire of 1838. harvest by myself.’’ In addition, many defense of our freedom. His accomplish- The visiting General Marquis de Lafay- neighbors mirrored Jim’s sentiment ments are many and his reputation for ette observed the original building to and expressed a sense of privilege that leading and developing young soldiers be ‘‘spacious and elegant.’’ they were able to join with the Wolff is legendary. Randy Taft’s selfless con- Beth Elohim also holds the distinc- family during their time of need. tributions to the National Defense will tion of being the cradle of Reform Ju- Montanans are truly a special breed be missed, so as he transitions to new daism in the United States. In 1824, a of people—always quick to lend a hand opportunities, I want to say thanks to group of progressive members of the to others. It says so much that these him on behalf of a grateful Nation. congregation petitioned for a shortened people took time away from their own Sergeant Major Taft’s numerous Hebrew ritual, English translation of extremely hectic harvest schedules to military awards and decorations reflect prayers and a sermon in English. Their help the Wolffs, and I commend them the tremendous impact he has had on petition being denied, they decided to for it. Their selflessness serves as an the lives of America’s fighting men and organize The Reformed Society of example of us all. women. His decorations include the Le- Israelites. It was a short-lived society, I also extend my most sincere sym- gion of Merit, the Meritorious Service but when the members returned to the pathies to the Wolf family. As evi- Medal, the Army Commendation congregation at Beth Elohim, their denced by the outpouring of support Medal, and the Humanitarian Service

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12562 CONGRESSIONAL RECORD — SENATE October 13, 1999 Medal. But the medals and certificates RUSSELL W. PETERSON HONORED After leaving office in 1972, Russ do not say it all. Like all Sergeants WITH FIRST-EVER ‘‘LIFETIME served as an advisor to Presidents and Major in their day-to-day activities ACHIEVEMENT AWARD’’ BY CRE- held numerous prestigious environ- and accomplishments, Randy Taft has ATIVE GRANDPARENTING, INC. mental positions. He was named Vice- served as a positive role model for a ∑ Mr. BIDEN. Mr. President, I rise Chair of Governor Nelson Rockfeller’s whole generation of the Army’s finest today to honor the lifetime achieve- National Commission on Critical soldiers. Whether he was serving as a ments of a man with truly a lifetime of Choices of America. Then, he chaired personnel specialist, a platoon ser- achievements. President Ford’s Council on Environ- geant, a recruiter, a member of the Russell W. Peterson served as Gov- mental Quality. In 1976, Peterson be- Army’s premier Honor Guard, or as the ernor of Delaware from 1968–1972, re- came President of New Directions, a Senior Enlisted Advisor for the 44,000 storing peace on the streets of Dela- world-wide citizens’ lobby group. In person Defense Logistics Agency, he ware’s largest city in the wake of the 1978, he was tapped to be the director of has led by example. His greatest ac- tumultuous 1968 summer riots—as he the congressional Office of Techno- complishments are the young soldiers overcame decades of resistance to im- logical Assessment. He secured his he has helped mold into the kind of plement a sweeping overhaul of State worldwide reputation as an environ- citizens this country can be proud to government. Russ Peterson is known mentalist as the President of the Na- call our Army. to Delawareans as the father of the tional Audubon Society. state’s landmark Coastal Zone Act, Mr. President, I consider myself very Mr. President, I am proud and hon- just as he is renowned nationally as fortunate to call him a friend. I am ored to congratulate Sergeant Major one of our country’s leading environ- honored that just last week, Governor Randy Taft upon the occasion of his re- mentalists. Peterson took the time to write me a tirement from the United States I will go into more detail of his many handwritten note to say he was ‘‘proud Army.∑ accomplishments, however, the reason that you are my Senator.’’ That sort of I pay tribute to him today is for his praise from such an accomplished man f recognition—not only as a statesman, is humbling. environmentalist and civil rights lead- Russ Peterson, my friend, you have a SET A GOOD EXAMPLE er—but as a grandfather! Delaware’s lot of living yet to do and more accom- Creative Grandparenting, Inc. has plishments yet to come. Today, ∑ Mr. CLELAND. Mr. President, these awarded Russell W. Peterson its first- though, we honor your lifetime of are difficult times for our nation’s chil- ever ‘‘Lifetime Achievement Award.’’ achievements.∑ dren as they watch their peers turn to Peterson, a grandfather of 17 and fa- f violence, drugs, truancy and gang ther of four, deserves every accolade NATIONAL SAVE SCHOOLS FROM membership. If one were to believe the bestowed upon him. VIOLENCE DAY evening news, there appears to be little When Russ Peterson was elected Gov- good news coming from our schools. ernor of Delaware in 1968, the National ∑ Mrs. LINCOLN. Mr. President, I have But I rise before my colleagues today Guard patrolled the streets of Wil- spoken several times this year about to share with them some good news. mington. As he promised, the day the need for our Nation to address ju- Thunderbolt Elementary School in Sa- Peterson was sworn in as Governor, the venile violence. Today, I would like to vannah, Georgia, has been recognized National Guard was pulled from the commend another group that has by the Concerned Businessmen’s Asso- streets. As a 27-year-old New Castle joined the call to end violence. The ciation of America as violence-free and County Councilman first elected that American Medical Association Alliance the ‘‘Best Example in America’’ of same year in 1968, I assure you Gov- has designated today as National what a safe and drug-free school should ernor Peterson’s leadership and steady SAVE Schools from Violence Day, and be. stewardship made a lasting impression I would like to praise their efforts. upon me. I am proud to call him a The AMA Alliance SAVE (Stop Thunderbolt Elementary is the only friend. America’s Violence Everywhere) cam- school out of the 10,600 which enrolled As Governor, he bucked resistance paign began in 1995 and comprises a in the national ‘‘Children’s Set a Good and reformed Delaware’s arcane Com- grassroots effort of 700 local and state- Example’’ Competition during the past mission form of Government into a level projects to curb violence. 12 years to win the national award Cabinet form of government. He con- Through the campaign, the Alliance three times in a row. Additionally, vinced the General Assembly to has created unique workbooks and ac- Thunderbolt has also been chosen this streamline 112 Commissions into ten tivities for use as conflict resolution year by the judges of the first ‘‘Best of department leaders. It was nothing tools in classrooms across the country. the Best’’ competition, which will be short of a revolution! One of their themes, Hands are not for held just once every ten years, as the His greatest accomplishment came in hitting, catches children’s attention by best of the best elementary schools in June, 1972, when he single-handedly challenging them to come up with America. pushed through the landmark Coastal other uses for their hands. Rather than The war against drug abuse, violent Zone Act, which forever prohibits de- seeing their hands as weapons, children crime, illiteracy and intolerance is a velopment along Delaware’s precious are reminded that their hands can be multifaceted battle being fought in coastal zone. Yes, he’s the man who used for hugging, collecting bugs or every sector of our community. It is a proclaimed ‘‘to hell with Shell,’’ as he coloring with crayons. war that ravages our streets and has fought efforts by oil refineries to fur- Another campaign theme, I Can kids killing other kids. Too many of ther develop on the Delaware River. Choose, teaches children that they can our children have become casualties of The Coastal Zone Act shall forever choose their attitudes and behavior. this epidemic. We as a society must stand as a monument to Russ Peterson Other projects including I Can Be Safe apply proven, workable methods if we in my State. and Be a Winner have been distributed Governor Peterson also signed Dela- are to salvage our youth and rid our nationwide. ware’s Fair Housing Act into law and Using its Hands are not for hitting cities of those social ills. Positive appointed the first female to the Dela- campaign and others like it, the AMA counter peer pressure could be more ef- ware bench—Family Court Judge Rox- is working to call attention to school fective than authoritarian efforts when ana C. Arsht. And in July, 1972, he safety and the way children interact. it comes to influencing youth away signed into law a major revision of the Nationally, the AMA hopes to reach 1 from drug abuse and gang involvement Delaware Code, which is important for million children by the year 2000 with and I am so proud of Thunderbolt Ele- what was not included. The Whipping activities that help them manage anger mentary for showing this to be true. Post! From 1669–1952, more than 1,600 and build self-esteem. This type of pri- The work that the students at Thun- men were flogged at the whipping post. vate sector involvement represents a derbolt have done is inspiring and I Delaware was the last State to elimi- key building block in our nation’s com- hope that they will be an example to nate this barbaric punishment, thanks mitment to providing a safe learning other students around the country.∑ to Russ Peterson. environment for our children.

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 13, 1999 CONGRESSIONAL RECORD — SENATE S12563 Many of my colleagues know that I tion transmitted to the Senate on Oc- CONVEYING CERTAIN PROPERTY introduced the Safe Schools Act of 1999 tober 13, 1999 by the President of the FROM THE UNITED STATES TO to provide resources to public schools United States: STANISLAUS COUNTY, CALI- so they can remain safe and strong cor- Food Aid Convention 1999, Treaty FORNIA nerstones of our communities. As we Document 106–14. Mr. MCCONNELL. I ask unanimous move into the 21st century, we must I further ask that the convention be consent the Senate proceed to the im- adapt our approach to education to considered as having been read the first mediate consideration of H.R. 356, just meet the changing needs of students, time; that it be referred, with accom- received from the House. teachers and parents. panying papers, to the Committee on The PRESIDING OFFICER. The Although I am one of the youngest Foreign Relations and ordered to be clerk will report the bill by title. members of the Senate, I grew up in printed; and that the President’s mes- The legislative clerk read as follows: Helena, Arkansas during what seemed sage be printed in the RECORD. A bill (H.R. 356) to provide conveyance of to be a much simpler time. Our parents The PRESIDING OFFICER. Without certain property from the United States to pulled together to make everyone’s objection, it is so ordered. Stanislaus County, California. education experience a success. Stu- The message of the President is as There being no objection, the Senate dents came to school prepared to learn. follows: proceeded to consider the bill. Teachers had control of their class- To the Senate of the United States: Mr. MCCONNELL. I ask unanimous room. The threat of school violence With a view to receiving the advice consent the bill be read the third time, was virtually non-existent. and consent of the Senate to ratifica- passed, the motion to reconsider be Now, more than twenty years later, tion, I transmit herewith the Food Aid laid on the table, and any statements things are different—very different. Convention 1999, which was open for relating thereto be printed in the Our children are subjected to unprece- signature at the United Nations Head- RECORD. dented social stresses including di- quarters, New York, from May 1 The PRESIDING OFFICER. Without vorce, drug and alcohol abuse, child through June 30, 1999. The Convention objection, it is so ordered. abuse, poverty and an explosion of was signed by the United States June The bill (H.R. 356) was read the third technology that has good and bad uses. 16, 1999. I transmit also, for the infor- time and passed. These stresses exhibit themselves in mation of the Senate, the report of the f the behavior of teenagers, as well as in Department of State with respect to our young children. Increasingly, ele- RECOGNIZING THE DISTINGUISHED the Convention. SERVICE OF JOHN E. COOK mentary school children exhibit symp- The Food Aid Convention 1999 re- toms of substance abuse, academic places the Food Aid Convention 1995. Mr. MCCONNELL. I ask unanimous underachievement, disruptive behav- Donor members continue to make min- consent the Senate now proceed to the ior, and even suicide. imum annual commitments that can be immediate consideration of S. Res. 202, Although school shootings will prob- expressed either in the quantity or, submitted earlier today by Senator ably not occur in a majority of our under the new Convention, the value of DOMENICI. schools, each time we witness a trag- the food aid they will provide to devel- The PRESIDING OFFICER. The edy like Jonesboro or Littleton, it oping countries. clerk will report the resolution by makes us wonder if the next incident As the United States has done in the title. will be in our own home towns. past, it is participating provisionally The legislative clerk read as follows: This is a very complex problem and in the Food Aid Committee. The Com- A resolution (S. Res. 202) recognizing the there is no one single answer. It will mittee granted the United States (and distinguished service of John E. Cook of Wil- take more than metal detectors and other countries) a 1-year extension of liams, Arizona. surveillance cameras to prevent the time, until June 30, 2000, in which to There being no objection, the Senate tragedies occurring in our schools. I be- deposit its instrument of ratification. proceeded to consider the resolution. lieve the Safe Schools Act reflects the It is my hope that the Senate will Mr. DOMENICI. Mr. President, it is needs and wishes of students, parents, give prompt and favorable consider- my honor today to introduce a Senate teachers and school administrators. ation to this Convention, and give its resolution honoring a wonderful man Unfortunately, there are not nearly advice and consent to ratification by and public servant, John E. Cook. The enough mental health professionals the United States at the earliest pos- National Park Service recently cele- working in our nation’s schools. The sible date. brated its 83rd birthday, and for more American School Health Association WILLIAM J. CLINTON. than half that time—43 years—John recommends that the student-to-coun- THE WHITE HOUSE, October 13, 1999. served the Service with distinction, selor ratio be 250:1. In secondary f grit and integrity. schools, the current ratio is 513:1. In el- John E. Cook most recently served as ementary schools, the student-to- UNANIMOUS CONSENT Director of the Intermountain Region teacher ratio exceeds 1000:1. AGREEMENT—H.R. 1000 of the National Park Service, which Students today bring more to school Mr. MCCONNELL. Mr. President, I stretches from Canada to Mexico and than backpacks and lunchboxes—many ask unanimous consent that with re- covers eight states, including Colorado, of them bring severe emotional trou- spect to H.R. 1000, FAA reauthoriza- Utah, Arizona, Montana, New Mexico, bles. It is critical that schools be able tion, the Senate insist on its amend- Oklahoma, Texas and Wyoming. There to help our troubled students by teach- ment, request a conference with the he oversaw 87 diverse park units, in- ing children new skills to cope with House on the disagreeing votes, and the cluding national parks, national monu- their aggression. Chair be authorized to appoint con- ments, national preserves, and national So, I commend the AMA Alliance for ferees on the part of the Senate. recreation areas. Since I have been a designating today as National SAVE The PRESIDING OFFICER. Without Senator from New Mexico, John and I Schools from Violence Day and encour- objection, it is so ordered. have worked on various, and some- age students, teachers, parents and the The PRESIDING OFFICER (Mr. times contentious, park issues. I have community to work together to make HAGEL) appointed, from the Committee always appreciated our relationship, our schools safe.∑ on Commerce, Science, and Transpor- and his frankness and competence in f tation, Mr. MCCAIN, Mr. STEVENS, Mr. dealing with issues. BURNS, Mr. GORTON, Mr. LOTT, Mr. Anyone who knows John would agree REMOVAL OF INJUNCTION OF SE- HOLLINGS, Mr. INOUYE, Mr. ROCKE- he is a great guy. Before starting his CRECY—TREATY DOCUMENT 106– FELLER, and Mr. KERRY, and for the work for the National Park Service, he 14 consideration of title IX of the bill, worked as a farm and ranch hand—and Mr. MCCONNELL. Mr. President, as from the Committee on the Budget, I’ve even heard a few good stories from in executive session, I ask unanimous Mr. DOMENICI, Mr. GRASSLEY, Mr. NICK- his days as a rodeo cowboy. John began consent that the Injunction of Secrecy LES, Mr. LAUTENBERG, and Mr. CONRAD his Park Service career as a mule skin- be removed from the following conven- conferees on the part of the Senate. ner at what is now Saguaro National

VerDate Mar 15 2010 21:57 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13OC9.REC S13OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12564 CONGRESSIONAL RECORD — SENATE October 13, 1999 Park, and he has worked as a fire fight- Cook, currently serves as superintendent of scheduled to occur at 4 p.m. tomorrow. er, laborer, ranger, superintendent, and Fort McHenry National Monument and His- For the remainder of the day, the Sen- regional director throughout the west- toric Shrine in Baltimore; ate will resume debate on the cam- ern United States. Whereas John E. Cook began his National paign finance reform bill. Amendments In addition to being a strong man- Park Service career as a mule skinner at what is now Saguaro National Park; to the bill are expected to be offered, ager of people and parks, linking cul- Whereas John E. Cook, who is of Cherokee and therefore Senators may anticipate tural and natural resource manage- descent, speaks Navajo, and has worked dili- votes throughout the day. The Senate ment, John has worked diligently to gently to promote Native American under- may also consider any other conference promote understanding of American In- standing; reports available for action. dians. Former Interior Secretary Stew- Whereas John E. Cook has held 4 regional art Udall appointed John super- directorships, 1 deputy regional directorship, f and 5 superintendencies within the National intendent at Canyon de Chelly Na- ADJOURNMENT UNTIL 9:30 A.M. tional Monument in Arizona partially Park Service, and has proven to be a strong manager of people and parks, linking cul- TOMORROW because he speaks Navajo. He has re- tural and natural resource management; and ceived awards for his work in parks Mr. MCCONNELL. If there is no fur- Whereas the citizens of the United States ther business to come before the Sen- around the Navajo Nation, and has and the National Park Service owe John E. taught other park staff on American Cook a debt of gratitude and wish to con- ate, I now ask unanimous consent the Indians’ connection to lands that are gratulate him on his well-deserved retire- Senate stand in adjournment under the now national parks. ment: Now, therefore, be it previous order. The National Park Service owes John Resolved, That the Senate— There being no objection, the Senate, Cook a debt of gratitude, and the many (1) congratulates John E. Cook for 43 years at 7:37 p.m., adjourned until Thursday, of service to the National Park Service; October 14, 1999, at 9:30 a.m. honors he has received in his service (2) acknowledges the admiration and affec- will not repay what he has done for the tion that John E. Cook’s friends share for f parks of the west. I only hope that he him; and will enjoy his extra free time to get in (3) recognizes the pride and high standard NOMINATIONS some hunting—a passion both he and I of workmanship exhibited by John E. Cook Executive nominations received by enjoy. I am pleased to offer this resolu- for 43 years. the Senate October 13, 1999: tion, and I thank my colleagues for f IN THE AIR FORCE joining me in honoring this fine man. ORDERS FOR THURSDAY, OCTOBER THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED Mr. MCCONNELL. I ask unanimous 14, 1999 STATES OFFICER FOR APPOINTMENT IN THE RESERVE consent the resolution be agreed to, OF THE AIR FORCE TO THE GRADE INDICATED UNDER the preamble be agreed to, the motion Mr. MCCONNELL. Mr. President, I TITLE 10, U.S.C., SECTION 12203: to reconsider be laid on the table, and ask unanimous consent that when the To be brigadier general any statements relating to this resolu- Senate completes its business today, it COL. MYRON G. ASHCRAFT, 0000 tion be printed in the RECORD. adjourn until the hour of 9:30 a.m. on THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without Thursday, October 14. I further ask IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE objection, it is so ordered. consent that on Thursday, imme- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION The resolution (S. Res. 202) was diately following the prayer, the Jour- 601: agreed to. nal of proceedings be approved to date, To be lieutenant general The preamble was agreed to. the morning hour be deemed expired, MAJ. GEN. NORTON A. SCHWARTZ, 0000 The resolution, with its preamble, the time for the two leaders be re- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT reads as follows: served for their use later in the day, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE S. RES. 202 and the Senate then begin 60 minutes AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Whereas John E. Cook has recently retired of debate on the conference report to 601: from the National Park Service after 43 accompany the Defense appropriations To be general years of distinguished service to the United bill, as provided under the previous GEN. JOSEPH W. RALSTON, 0000 States and the people of the western region order. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT of the Nation; The PRESIDING OFFICER. Without IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Whereas John E. Cook most recently CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE served 87 park units in 8 western States, objection, it is so ordered. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: stretching from the Canadian border to Mex- f ico, as Director of the Intermountain Region To be general of the National Park Service; PROGRAM GEN. RALPH E. EBERHART, 0000 Whereas John E. Cook is in the third of 4 Mr. MCCONNELL. For the informa- DEPARTMENT OF DEFENSE generations from the Cook family who have tion of all Senators, the Senate will served the National Park Service with en- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT begin consideration of the Defense ap- AS VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND thusiasm and dedication; APPOINTMENT TO THE GRADE INDICATED WHILE AS- Whereas John E. Cook’s father, John O. propriations conference report at 9:30 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- Cook, and his grandfather, John E. Cook, a.m. tomorrow. By previous consent, BILITY UNDER TITLE 10, U.S.C., SECTION 601 AND 154: served the National Park Service in the there will be 60 minutes of debate on To be general southwestern region, and his daughter Kayci the conference report, with a vote GEN. RICHARD B. MYERS, 0000

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INTRODUCTION OF RULES OF Deputy Simpson began his career in 1990 A TRIBUTE TO MR. KENNETH ORIGIN LEGISLATION at the Central Men's Jail, he also served at GAMBLE AND UNIVERSAL COM- the James A. Musick Facility and the Central MUNITY HOMES HON. BENJAMIN L. CARDIN Women's Jail. He worked quickly to establish OF MARYLAND himself as an outstanding patrol officer. His work ethic and willingness to handle any as- IN THE HOUSE OF REPRESENTATIVES HON. ROBERT A. BRADY signment has endeared him to his peers and Wednesday, October 13, 1999 supervisors. In the last year alone Deputy OF PENNSYLVANIA Mr. CARDIN. Mr. Speaker, today I am intro- Simpson has made 99 arrests including 12 fel- IN THE HOUSE OF REPRESENTATIVES ducing a bill to amend the rules of origin for ony arrests. He is a member of the Tactical certain textile products. This bill would amend Support Team and serves as a specialist on Wednesday, October 13, 1999 the actual entry team. Deputy Simpson cur- the rule of origin requirements contained in Mr. BRADY of Pennsylvania. Mr. Speaker, I section 334 of the Uruguay Round Agree- rently serves as a patrol officer in the City of Lake Forest. rise to honor one of my most distinguished ments Act (URAA) in order to allow dyeing, constituents, Kenneth Gamble and the organi- printing, and two or more finishing operations Mr. Speaker, Deputy Steve Simpson is an zation he created, Universal Community to confer origin on certain fabrics and goods. outstanding member of the Orange County Homes. Specifically, this dyeing and printing rule would Sheriff's Department and is a valuable asset apply to fabrics classified as of silk, cotton, to our community. Law enforcement officers Many of my colleagues will recognize Kenny man-made, and vegetable fibers and certain risk their lives daily to provide safety to our Gamble as the pop music icon who gave us products classified in enumerated headings of nation and Deputy Simpson has provided the ``Sound of Philadelphia'' as he steered the Harmonized Tariff Schedule. safety with excellence. Deputy Simpson truly Philadelphia International Records to the Under current law, fabrics and certain prod- deserves this recognition as South Orange heights of the music industry. The unmistak- ucts derive their origin in the country where County Exchange Club Officer of the Year and able sounds of artists such as the Intruders, the fabric is woven or knitted, notwithstanding I am pleased to recognize his accomplish- The Delfonics, The Spinners, The O'Jays, any further processing (such as dyeing and ments before this House today. Phyllis Hyman, Teddy Pendergast, and Harold printing). This bill would change that rule for Melvin and the Blue Notes have enriched the fabrics and products included within its scope f lives of all Americans. It was Kenny's vision and would base origin determinations for cus- and hard work that made that possible. toms and marking purposes in the place TRIBUTE TO GENESIS FAMILY Mr. Speaker, Kenny Gamble could have where these finishing operations take place. HOME chosen to take his well earned financial re- Enactment of this bill would also settle a wards and enjoy the ``good life'' away from the longstanding dispute in the World Trade Orga- HON. ROBIN HAYES urban environment. Instead, he came back nization (WTO) brought by the European home to Philadelphia. We often hear people Union (EU) against the United States regard- OF NORTH CAROLINA say that they want to make a difference. Well, ing section 334 of the URAA. The Administra- IN THE HOUSE OF REPRESENTATIVES Kenny Gamble has made a difference. He has tion worked with the EUÐin close consultation taken an area that was plagued by drugs, vio- with U.S. industryÐto resolve outstanding Wednesday, October 13, 1999 lent crime and abandoned buildings and made concerns with respect to section 334, and, in from it a true community. He built houses, August, concluded a settlement with the EU, Mr. HAYES. Mr. Speaker, I rise today to honor Mr. and Mrs. John K. Edmond, Sr., made community-based small businesses pos- under which the Administration agreed to pro- sible, mentored children, and did so much pose new legislation to Congress to amend founder of the Genesis Family Home in Con- cord, North Carolina. more. Throughout all this, he set an example. section 334. He showed young people in the neighborhood I urge my colleagues to suport swift enact- The Genesis Family Home's philosophy is he grew up in that they could succeed without ment of this bill. It is non-controversial, was to create a new beginning for young adults, using or selling drugs. That the ball field is not drafted in consultation with domestic industry, ranging from 9 to 17. the only way to escape poverty. That faith in will have minimal effect domestically, and will The Genesis Family Home provides a resi- God and respect for people is an honorable settle an outstanding trade irritant between the dential setting for these young adults for way to live. And most of all, that one need not European Union and United States. I look for- whom removal from home to a community- flee ones past to live a bright future. ward to its passage into law in the remaining based residential setting is essential to facili- weeks of the congressional session. tate treatment. Mr. Speaker, the non-profit development company Mr. Gamble founded, Universal f Treatment is targeted to those who no Community Homes has already completed longer meet criteria for in-patient psychiatric TRIBUTE TO STEVE SIMPSON over $13 million in real estate and economic services or intensive residential treatment and development programs, holds leadership posi- need a step-down placement in the commu- HON. RON PACKARD tions in 13 community partnerships, and cur- nity, or those who have been placed in non- rently operates several educational, social and OF CALIFORNIA residential community setting and need a human service programs at 4 locations. Under IN THE HOUSE OF REPRESENTATIVES more intensive treatment program. Mr. Gamble's direct leadership and tremen- Wednesday, October 13, 1999 Mr. and Mrs. Johnson are responding to the dous financial commitment, Universal Commu- children in need in our community that need Mr. PACKARD. Mr. Speaker, I would like to nity Homes, in a relatively short period of time, our help in the transition back into family life. take this moment to recognize the hard work has begun one of the largest concentrated and dedication of Deputy Steve Simpson, a Positive role models are often hard to find, community development initiatives in the his- fine police officer who has represented the Or- the Johnson's aren't only role modelsÐthey tory of Philadelphia. ange County Sheriff's Department since 1990. are the boost these young adults need to sur- Mr. Speaker, October 13, 1999 has been Deputy Simpson has been recognized as Dep- vive. designated Universal Community Homes Day uty of the Year for Orange County because of Mr. Speaker, I congratulate the Genesis in Philadelphia. I urge all my colleagues to join his outstanding dedication and service to the Family Home on the difference it is making on me in honoring this great man and his proud citizens of Orange County. our community. organization.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A13OC8.000 pfrm04 PsN: E13PT1 E2080 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 1999 A TRIBUTE TO SONDRA MILLER I appreciate being here in this very distin- this also affects our security. Kosovo and guished company. I appreciate the oppor- Bosnia were not far away events in far away tunity to address this distinguished audience places but were of direct relevance to our HON. NITA M. LOWEY here today and I will do so in a triple capac- own national security. If one nation in Eu- OF NEW YORK ity: as an Estonian, as a representative of rope is not secure then no one is secure. We IN THE HOUSE OF REPRESENTATIVES the Baltic states, and as European. I will may be able to avoid direct conflict, but we Wednesday, October 13, 1999 focus on the challenge of NATO enlargement cannot avoid refugees and disruptions in to the Baltic states, but I will do so in the trade that result from these wars. Therefore Mrs. LOWEY. Mr. Speaker, I rise today to context of the evolving European-U.S. rela- it is in our direct national interest to con- express my great admiration for Judge Sondra tionship and of the situation in and the rela- tribute to European and Trans-Atlantic se- Miller, an extraordinary jurist and community tionship with the Russian Federation. curity, just as I am convinced that it is in leader who will be honored with the Diane The world today is changing, and it should the United States interest to remain engaged White ``Advocate for Women's Justice'' Award be our joint endeavor to change it in a way, in Europe. on October 28th. which promotes our common interests. This is the reason why we wish to join Judge Miller has enjoyed a remarkable ca- These interests include, both as far as Esto- NATO and this is why I believe it is also in nia and the U.S. are concerned, a stable and reer in the law. Currently an Associate Justice the national interest of the United States to secure Europe and a stable, secure, demo- have the Baltic states become members of of the Appellate Division of the Supreme Court cratic and cooperative Russia. The question the Alliance. of the State of New York, she has previously is how to achieve these two aims. I will Ladies and Gentlemen, it is fashionable for served as a Justice of the Supreme Court for present to you my case that, including the some nowadays to speak of a realist, or neo- the Ninth Judicial District, and as a Family Baltic States in NATO can actually con- realist policy agenda. The argument is that Court Judge in Westchester County. tribute to both. what worked well until the end of the Cold Judge Miller has also lent her energy and Ladies and Gentlemen, the security rela- War will work well today. I would be the last expertise to a great number of organizations tionship between the US and Europe is one to dispute that the US policies, which changing and evolving. What is not and what led to the collapse of the Soviet Union, were which support our legal system and advance should not change is the American commit- the values of a strong society. Her expertise wrong or ineffective. On the contrary; they ment to European security. After all, for were right and effective. But the world of and commitment to women and children has forty years it was the United States presence 1999 is different from the world of 1989, or been especially inspiring. Judge Miller has in Europe that guaranteed safety and free- 1979, 69 or 59. We no longer have the Cold been the Co-Chair of the New York State dom to the non-communist part of the con- War; we no longer have the Soviet Union. In- Task Force on Family Violence, the Founder tinent. Even in countries that were not and stead we have a Central Europe stretching of Judges and Lawyers Breast Cancer Alert, are not members of NATO it is generally ac- from the Gulf of Finland to the Adriatic and and a Commissioner of the Governor's Perma- knowledged today that their safety was a Black Seas that is free once more and we nent Judicial Commission on Justice for Chil- consequence of the United States military have a Russia which is struggling to find a presence in Europe. For all the manpower dren, among many other volunteer posts. democratic path. We also have an inde- and military hardware that the European pendent Ukraine, and Georgia and Azer- To each challenge, Judge Miller brings a NATO members themselves put up it was es- keen legal mind, a genuine devotion to our baijan and Armenia . . . The list goes on! sential for America to be ever-present and And we are faced with the fact that the system of law, and a determination to seek ready to support and lead the defense of United States truly is the one remaining su- justice. It is no wonder that she has been rec- western Europe, should it come to that. perpower. ognized repeatedly by her peers, receiving Today, the security situation has altered Thus, our policy agenda today should also honors such as the Westchester Woman of drastically. In this situation it is clear that proceed from the fact that we face a new the Year Award, the Founders Award from the we Europeans have to do more and that we world, which requires new solutions. The Woman's Bar Association of the State of New have to be better prepared to manage crises world of tomorrow is in the process of being York, and the New York State Bar Association on our own doorstep to be a more partner to shaped. In shaping this world we must act the United States. Howard A. Levine Award for Outstanding with great agility and great speed. Whether The contrary, the US presence in Europe is we term the policies realistic or idealistic or Work in the Area of Children and the Law. today as vital as it has ever been. History something in between has in this case no rel- Judge Miller's commitment to the law is has shown that the United States will be in- evance. What is required is determined ac- matched by an equally powerful devotion to volved, sooner or later, in a European con- tion. Any other approach is, I believe, simply the larger community. She has been active in flict. This is a sign of our close economic unrealistic. a wide variety of organizations, ranging from ties, but it is more importantly, and I be- I am convinced that the United States has the League of Women Voters, to Hadassah, to lieve above all, a sign of the convictions and a profound interest in leading this Planned Parenthood. In each case, Judge Mil- values we share on both sides of the Atlantic endeavour. An expanded area of democracy Ocean. Therefore we must continue to work ler has earned the respect and admiration of and freedom is in the US interest, because it together to strengthen and expand the still increases stability. And stability in turn is a friends and associates. all too narrow area where democracy rules catalyst for economic development, which In short, Judge Miller is a trail-blazer whose and human rights are respected. It is right of increases trade, and so on. And one major work and personal example have made a dif- the United States to want its European part- way of increasing stability is to continue the ference to countless Americans, and who con- ners to contribute more and it is right of the enlargement of NATO. tinues to offer the very highest quality of per- Europeans to strengthen common defense ca- There will be those—perhaps even here, in sonal and professional service. pacities. Yet all this means is that we are re- this room—who will say that I am wrong, I am proud to join in recognizing Judge structuring a successful and vital relation- that continuing the enlargement of NATO Sondra Miller and confident that she will re- ship. We are not—and we must not—alter the will only irritate Russia, make it even hard- main a leading light for many years to come. fundamental principles on which this co-op- er to deal with and that for that reason eration is based, and these principles are NATO should not expand. Certainly not to f caught up in one word: NATO. NATO is the Baltic states. ADDRESS BY H.E. LENNART MERI, today and will remain for the foreseeable fu- Ladies and Gentlemen, Dreams of the in- stant birth of a free and democratic Russia, PRESIDENT OF ESTONIA ture the only organisation capable of ensur- ing a safe and secure Euro-Atlantic region. where human rights would be respected were Estonia and our two Baltic neighbours, very popular in the West at the beginning of HON. DENNIS J. KUCINICH Latvia and Lithuania, wish to be part of this this decade. We in Estonia never shared this OF OHIO co-operation. Or rather I should say that we enthusiasm. But neither do we share the IN THE HOUSE OF REPRESENTATIVES are already part of it. Estonia, Latvia and gloom of many Western observers today who Lithuania have been working together with seem to write off Russia and to say that Wednesday, October 13, 1999 NATO forces in Bosnia and now in Kosovo. nothing good will ever come out of there. I Mr. KUCINICH. Mr. Speaker, I submit the We are exercising with US and European believe that Russia can indeed become a following for the RECORD. forces on a regular basis. In the very near fu- truly democratic country. But it will simply ture Estonian radar stations and those of our take a lot of time. What Russia needs during ADDRESS BY H.E. LENNART MERI, PRESIDENT neighbours will be hooked up to NATO sys- this time of growing up is firm guidance on OF ESTONIA, AT THE BREAKFAST OF THE tems and we will start exchanging vital in- what is and what is not permitted in our new JOINT BALTIC AMERICAN NATIONAL COM- formation. world. MITTEE HONORING THE MEMBERS OF THE Thus the co-operation between Estonia and Today we see once again the bombing of BALTIC CAUCUS OF THE SENATE AND THE NATO, between our neighbours and NATO is villages and the killing of civilians in HOUSE OF REPRESENTATIVES already happening. We have demonstrated Chechnya. We see the deportation of tens of OCTOBER 13, 1999—WASHINGTON, DC clearly our willingness and readiness to con- thousands of persons from Moscow—simply Mr. Chairman, Members of Congress, La- tribute to European and Trans-Atlantic se- because of the different colour of their skin. dies and Gentlemen: curity and stability because we believe that And we see worrying calls for a strong man

VerDate 1299 07:06 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A13OC8.000 pfrm04 PsN: E13PT1 October 13, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2081 to lead Russia. All of these symptoms give the outgoing Chief of Legislative Affairs for the Petro joined the fire service in 1984 as a vol- cause for concern. We must in no way nur- U.S. Navy. During the past three years, he unteer fire fighter in north San Diego while he ture these trends, we must in no way give has proven to be an invaluable asset to the was a freshman in college. The California De- people who advocate such policies a reason to believe that they are accepted or toler- House Armed Services Committee, the House partment of Forestry and Fire Protection later ated by the West. Rather we have to support of Representatives and the Congress. It is an hired him to be a Seasonal Firefighter. In those politicians in Russia who even today honor to have the opportunity to thank Rear 1989, Mike was hired as a Firefighter with the are expressing reservations about the war in Admiral Ryan for his dedicated service and to Orange County Fire Department, now the Or- Chechnya and the deportation of persons be- recognize him for his accomplishments. ange County Fire Authority (OCFA). cause of the colour of their skin. We must A native of Mountainhome, Pennsylvania, During Mike Petro's service career he has nurture the democratic forces in Russia, Rear Admiral Ryan began his military career participated in and remains on several Fire however weak, so that Russia may one day Authority and County wide pre-hospital emer- find the political will to abandon her post- after graduating from the U.S. Naval Academy feudal way of thinking and start to build a in 1967. From the beginning, Rear Admiral gency care committees including: Local 3631 civil society. This means supporting the Rus- Ray demonstrated his leadership skills, and in Pre-Hospital Care Committee, Equipment sian democrats and providing assistance, but 1993 after a distinguished career as an avi- Project Team and EMS Continuous Quality precisely targeted assistance. It means stay- ator, Rear Admiral Ryan was selected for rear Improvement Steering Committee. He has ing engaged with Russia. It means stability admiral (lower half). In 1996, Rear Admiral served as a Cardio Pulmonary Resuscitation around Russia will be the best way to assist Ryan was selected to represent the Navy on (CPR) Instructor and teaches CPR classes for her democratic forces. It also means enlarg- Capitol Hill as Chief of Legislative Affairs. the OCFA's community CPR program. Addi- ing NATO to include those countries of cen- tionally, he is an Emergency Medical Techni- tral Europe that wish to join, including the Given the significant changes in Navy leader- Baltic states. ship during his tenure, Rear Admiral Ryan's cian instructor for Rancho Santiago Commu- Ladies and Gentlemen, One of the funda- steadfast leadership and strategic vision may nity College and a guest lecturer for mental tenets of our common heritage is the be credited with keeping the Navy's legislative Saddleback Community College's Paramedic promotion of the free right of men and na- strategy on course. Over the past three legis- program. Mike Petro has also been a Para- tions to choose their destiny. It is a tenet, lative cycles, I watched as he successfully medic Preceptor and an assistant instructor for which underpins the international society in Career and Reserve OCFA fire fighter acad- which we live and where we wish to live. navigated Navy leadership through difficult challenges to key naval programs including emies. This is the principle, which should guide us Mr. Speaker, firefighters provide key serv- when discussing the future NATO member- the F/A±18E/FSuperhornet, the CVN±77/ ship of Estonia, Latvia and Lithuania. Any CVN(X), the DD±21, Tactical Tomahawk, Vir- ices in protecting communities and citizens, as word—any hint—that Russia has a say in ginia Class Submarines, shipyard mainte- well as our Nation's forests. Mike Petro has this matter will only strengthen those in nance and the Navy's role in Kosovo. gone above and beyond the call of duty in his Moscow who aim to do things the old feudal As Chairman of the House Armed Services service to the Orange County Community. I way. It will strengthen those who do not am proud to recognize Mike Petro as Fire- wish to have Russia become a member of the Committee, I have had the pleasure of work- ing closely with Norb Ryan. His success has fighter of the Year. democratic society of nations. It will bring f us all further from the goal of enhancing the been due in no small part to the strong rela- sphere of stability and security in Europe. tionships that he has built with Members of the TRIBUTE TO ANSON COUNTY In short, Baltic NATO membership is in House and our staffs. He enhanced these ac- JAYCEES the interest of those who wish to strengthen tion, and established an impressive program democracy in Russia. Mr. Chairman, Ladies and Gentlemen, I to maximize congressional exposure to the HON. ROBIN HAYES have approached Baltic membership in men and women who serve in the Navy and OF NORTH CAROLINA NATO from two angles: from a European and Marine Corps. IN THE HOUSE OF REPRESENTATIVES from a Russian one. Europe’s role within Rear Admiral Ryan may also be credited NATO is growing and the Baltic states are with initiating a series of Congressional Con- Wednesday, October 13, 1999 committed to being part of this develop- stituent Caseworker workshops by geo- Mr. HAYES. Mr. Speaker, I rise today to ment. We are willing to carry our share of graphical region. Today, these workshops are honor the Anson County, North Carolina chap- the burden. invaluable to Members of Congress and en- ter of the Jaycees. On the other hand, Russia’s future is only The Anson County Jaycees were recog- now taking shape and Baltic membership of sure that we have the information we need on NATO will help steer this development in the Navy programs to respond to the concerns of nized as the number one chapter in North right direction. our constitutents. Carolina Jaycees Parade of Excellence. The Baltic Caucus in the Senate and in the Rear Admiral Ryan's tireless efforts through- The Jaycees are a national organization of House and Baltic Americans are a crucial out his distinguished career have benefited men and women between the ages of 21±39 element in our strategy for gaining member- America's Navy. He is a spirited and resource- who want the best opportunities for leadership ship of the Alliance. It is you who are our ad- development, volunteerism, and community vocates both here in Washington and across ful naval officer with whom it has been a pleasure to work. I look forward to working service. the United States. I hope that my presen- At the fall convention of the North Carolina tation here today has further served to with Norb in the future and am certain that his strengthen your resolve and has provided contributions in the years ahead will continue Jaycees, The Anson County chapter also was you with some additional ideas on this issue. to benefit both the Navy and the Nation. awarded first place out of approximately 90 I am convinced that by working together we While his presence on Capitol Hill will be chapters. Individual members were also recognized can achieve our common goal so that Esto- missed, Rear Admiral Ryan will be doing criti- nia, Latvia and Lithuania may in the near for their successes: Ken Caulder, Mark cally important work in his new role as Chief future join the United States as full mem- Snuggs, and Jennifer Tucker were 3 of the of Naval Personnel. I can think of few officers bers of NATO. Anson Chapter's 48 members who were sin- By working together, Estonia and the US, as well suited to leading America's navy into gled out for their good deeds. the Baltic states and the US, Europe and the the new millenium. As his career sails on, I Mr. Speaker, I congratulate the Anson US, we can ensure that our world of tomor- would like to send Rear Admiral Ryan the tra- County Jaycees on the difference they are row will be somewhat safer, somewhat more ditional Navy farewell wishÐ``Fair Winds and making on our community and I wish them democratic, somewhat more prosperous than Following Seas!'' the world of today. continued success as they look forward to the Thank you. f next convention in February 2000. f TRIBUTE TO MIKE PETRO f TRIBUTE TO REAR ADMIRAL TRIBUTE TO CATCH IN NORBERT R. RYAN, JR. HON. RON PACKARD PHILADELPHIA OF CALIFORNIA HON. FLOYD SPENCE IN THE HOUSE OF REPRESENTATIVES HON. ROBERT A. BRADY OF SOUTH CAROLINA Wednesday, October 13, 1999 OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. PACKARD. Mr. Speaker, I would like to Wednesday, October 13, 1999 take this opportunity to recognize Firefighter Wednesday, October 13, 1999 Mr. SPENCE. Mr. Speaker, I rise today to Mike Petro for his dedication and service to Mr. BRADY of Pennsylvania. Mr. Speaker, I recognize Rear Admiral Norbert R. Ryan, Jr., the Orange County Fire Department. Mike rise to honor Citizens Acting Together Can

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.008 pfrm04 PsN: E13PT1 E2082 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 1999 Help (CATCH), as it celebrates its 20 years of TRIBUTE TO BRADLEY JAY sameÐto fight discrimination, to educate the service and commitment to the community. RICHES public and those who are suffering, and to CATCH is a non-profit organization incor- strive towards better treatment and research porated in the Commonwealth of Pennsylvania HON. RON PACKARD for an illness that has been historically mis- on November 12, 1976. The Corporation was OF CALIFORNIA understood. This organization fights the tradi- established to assume responsibilities for the IN THE HOUSE OF REPRESENTATIVES tional isolation and fear of mental illness with operation of the Community Mental Health and knowledge and compassion. Retardation Center in Catchment Area 2B, lo- Wednesday, October 13, 1999 The Alliance for the Mentally Ill provides a cated within the Southwestern portion of Phila- Mr. PACKARD. Mr. Speaker, I would like to network of support groups and educational delphia. take this opportunity to recognize Deputy Brad services to assist families of the mentally ill at On July 1, 1979 CATCH assumed full re- Jay Riches for the Blue and Gold Posthumous the local level. It has now assumed a vital role sponsibilities for the operations of the Commu- Award for his tremendous service as Deputy in our nation's health care community and is nity Mental Health Center, giving the Center Sheriff for the Orange County Sheriff's Depart- working closely with professionals on a variety the operational name of CATCH Community ment. Deputy Riches began his service origi- of programs. Some of the programs it has Mental Health/Mental Retardation Center. The nally as a Paid Call Firefighter with Orange helped to implement include a local mental Center is currently under the leadership of County Fire Authority and as an Emergency health care center and an agency that pro- Raymond A. Pescatore, Chief Executive Offi- Medical Technician before joining the Orange vides supported housing. Newsletters and cer with Edward C. Mintzer, Jr., Esq., serving County Sheriff's Department in 1989. speakers keep the community active and in- as Board Chairman. Deputy Riches attended the Sheriff's Acad- formed about the important issues affecting CATCH is a full-service, accredited Mental emy and graduated as a Deputy Sheriff in the mentally ill. The organization has pro- Health/Mental Retardation Center committed 1990. He worked in the Musick Facility and moted a greater awareness of mental illness to serving citizens of Philadelphia. the Central Main jail prior to his transfer to the and encouraged our community colleges to Patrol Division in 1998. Deputy Riches began CATCH continues to attract the attention of implement peer counseling programs. As al- his assignment with the City of Lake Forest the community through its reputation of reli- ways, the Alliance has focused on helping Police Services Unit in December 1998. able service, leadership qualities and strong adolescents and children, who are so much in On Saturday, June 12, 1999 at approxi- commitment. In keeping with its reputation of need of special support. mately 1 am, Deputy Riches was making a Mr. Speaker, I want to pay tribute to the Alli- high quality care, CATCH serves the commu- routine patrol check of a convenience store in ance for the Mentally Ill on this important 25th nity offering the following services: Residential Lake Forest when he was suddenly and with- anniversary. This outstanding organization de- and Emergency Services, Mental Health Serv- out provocation, shot and killed by a suspect. serves our gratitude and our congratulations ices and Developmental Disabilities Services. Law enforcement officers put their lives at risk for a quarter century of selfless and dedicated In recognition of its years of service, I join daily to ensure the safety of our citizens. Dep- service to the people of our nation. the Citizens Acting Together Can Help, Inc., uty Brad Riches paid the ultimate price for our f as it celebrates its 20 year anniversary. safety, with his very life. Mr. Speaker, I am deeply honored to recog- TRIBUTE TO THE LATE JESSIE f nize Deputy Brad Riches for his tremendous COLLINS TRICE IN HONOR OF MRS. STELLA M. service and sacrifice for the citizens of Lake ZANNONI Forest, California. His brave service to our HON. CARRIE P. MEEK community will not be forgotten. OF FLORIDA f IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH THE 25TH ANNIVERSARY OF THE Wednesday, October 13, 1999 OF OHIO ALLIANCE FOR THE MENTALLY Mrs. MEEK of Florida. Mr. Speaker, it is in- IN THE HOUSE OF REPRESENTATIVES ILL deed a distinct honor to pay tribute to one of Wednesday, October 13, 1999 Miami-Dade County's unsung heroines, the HON. TOM LANTOS late Jessie Collins Trice. Her untimely demise Mr. KUCINICH. Mr. Speaker, I rise today in from the scourge of lung cancer last Friday, memory of Mrs. Stella Zannoni, a retiree of OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES October 8, 1999 will truly leave a deep void in the honorary consul of Italy for the State of our midst. Ohio, who died in August. Wednesday, October 13, 1999 Mrs. Jessie Collins Trice represented the Mrs. Zannoni took an active part in her com- Mr. LANTOS. Mr. Speaker, I invite my col- best and the noblest of my community. Having munity. She was appointed honorary consul leagues to join me in paying tribute to the Alli- dedicated a major portion of her life in cham- by the Italian government in 1978, as well as ance for the Mentally Ill, an outstanding non- pioning the health care of African-Americans being the co-owner and secretary-treasurer of profit association which will celebrate its 25th and Hispanics throughout Florida, she tire- Cleveland Imported Groceries and Wines Inc. Anniversary on October 14, 1999. lessly advocated a monumental struggle to- At the store Mrs. Zannoni assisted customers The Alliance for the Mentally Ill is a special ward ensuring the creation of the Health in obtaining answers to questions about pen- organization whose membership includes indi- Choice Network to provide comprehensive pri- sions, property matters and visas. In view of viduals who suffer from mental illnesses and mary and preventive health care to low-in- all who had the pleasure to know her and to their families. These dedicated people con- come and uninsured populations in minority work with her, she managed to help and touch tribute almost all the funding for this nation- communities. Her mission undergirded her be- the lives of tens of thousands of Clevelanders. wide group. Their hard work and commitment lief that health care was a right for the poor The current honorary consul of Italy member to the improvement of the lives of the mentally and the underserved. was quoted saying that Mrs. Zannoni set an ill is truly remarkable. Ms. Trice was a multi-dimensional public example for the Italian community with her Mr. Speaker, the founders of Alliance for the servant, a civic activist par excellence, an in- selflessness and strength. Mentally Ill first met in San Mateo County, defatigable community-builder, a loving mother Mrs. Stella Zannoni received several honors California, in 1974 to discuss their concerns and a doting grandmother, completely unself- and awards for her service in the Cleveland about the treatment of their mentally ill chil- ish in all her endeavors. The genuineness of community as well as in the Italian Commu- dren. The organization has grown tremen- her stewardship on behalf of our community nity. She was a steadfast believer in the art of dously since then, but it still has the same in- was buttressed by her utmost consecration to the possible, of providing opportunities to all, tense personal concern for the people it her vocation as God's faithful servant, bringing and in the idea that anything was possible serves. In 1979 a national group was estab- hope and optimism to thousands of ordinary with the proper amount of hard work, diligence lished, based in Washington D.C. I am happy folks whose lives she touched so deeply, and sense of hope and optimism. She had to say that the National Alliance for the Men- never holding anyone at arm's length. spirit, spunk and outgoing joy for others. Mrs. tally Ill (NAMI) now has representatives in all What we most know about Jessie Trice is Stella Zannoni will be greatly missed. fifty states. that she was a trailblazer in the realm of My fellow colleagues please join me in hon- As its membership grew from ten people to health care. She was the first Black to receive oring the memory of Mrs. Stella Zannoni, a over two hundred thousand, the fundamental a nursing degree from the University of Miami, true beacon in the Cleveland community. mission of the Alliance has remained the the first and only Black to serve as Director of

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.012 pfrm04 PsN: E13PT1 October 13, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2083 Nursing for the Miami-Dade County Depart- very special celebration taking place in my dis- tices to the area, they saved lives, protected ment of Public Health, the only Black to have trict this week. The Greater Wilkes-Barre Cen- our children, and are responsible for much of served as Chairperson of the Florida State tral Labor Council will gather to recognize the the wonderful quality of life we enjoy here. I Board of Nursing, and founder of the Miami- contributions of organized labor over the last join with this hardworking group of dedicated Dade Black Nurses Association. She also century. I am pleased and proud to have been individuals in paying tribute to their origins, served as the past President of the Florida As- asked to participate. their heroes, and the rank-and-file laborers sociation of Community Health Centers and A number of my good friends at the Labor whose rights they so fiercely protect every the National Association of Community Health Council will preside at this event: President day. I applaud the Greater Wilkes-Barre Cen- Centers. Sam Bianco, Vice-President Joseph Capece, tral Labor Council for bringing the proud his- For the past eighteen years, she held the Secretary Lois Hartel, Treasurer Joseph Gor- tory of local labor unions to the attention of the distinction of President and CEO of the Eco- ham and Trustees Ed Harry, Ed Hahn, Ed Luzerne County community and send my sin- nomic Opportunity Family Health Center, Inc., Walsh, David Williams, and Jerry Kishbaugh. cere best wishes for continued success. the largest minority employer in the Liberty The banquet will feature a comprehensive f City community. Through a staff of 300 em- slide show that depicts the struggles of labor ployees, more than 9-million dollars are added over the last century, highlighting such vic- TAIWAN’S NATIONAL DAY annually to the local economy. Her record of tories as anti-child labor laws, free public edu- sustained service has been recognized at the cation, voting rights, equal pay for equal work, HON. SOLOMON P. ORTIZ local, state and national levels. This was evi- Social Security, job-safety, workers compensa- OF TEXAS denced by her appointment in 1991 to the Na- tion, civil rights, the eight-hour work day, the IN THE HOUSE OF REPRESENTATIVES tional Advisory Committee on Infant Mortality minimum wage, and other triumphs. The pro- Wednesday, October 13, 1999 by then Secretary of Health Louis Sullivan and gram will also highlight the historic contribu- the Florida Work Group on Health Care by the Mr. ORTIZ. Mr. Speaker, on the occasion of tions of the Greater Wilkes-Barre Central late Governor Lawton Chiles. Along with Eliza- Taiwan's National Day, I wish to convey my Labor Council, which received the 1998 Na- beth Taylor, she was featured in the Miami best wishes to the people of Taiwan, con- tional AFL±CIO Model Cities in Community Herald as the distinguished ``Miamian,'' after gratulating them for their successes in the Services Award. testifying before the U.S. Senate for increased past and extending my sympathies to all the The Greater Wilkes-Barre Central Labor funding for those afflicted with the HIV-AIDS earthquake victims and their families. My pray- Council was founded in September 1894 by a virus. ers are with them. group of six men: John J. Casey and Daniel This remarkable lady was my friend and Taiwan is a model of success in Asia. Shovlin of the Plumbers and Steamfitters confidante. I am deeply saddened by her Through hard work and ingenuity, Taiwan has Union, Pat O'Neill and John Gibbon of the passing away. She will indeed be an indelible emerged as one of the strongest economies Stone Cutters Union, Amos Ayers of the Car- reminder of the noble commitment and awe- on the Pacific Rim and is a showcase democ- penters Union, and David Brovea of the Paint- some power of public service on behalf of the racy in the world. The accomplishments of ers Union. In the beginning, fear of being less fortunate. Her faith was deep and gen- Taiwan, whether economic or political, are blacklisted and jailed forced the Council mem- uine, and her love for our community defined truly impressive. her dynamic friendship and understanding. No bers to hold secret, hidden meetings. The first I am confident that Taiwan's future suc- one who knew JessieÐand being struck by such meeting was held in an old stone yard cesses will remain impressive, despite the re- her sunny disposition and optimismÐwent until rain forced the gathering to move under cent earthquake which has severely damaged away not acknowledging the presence of a a bridge. There, in the rain-soaked autumn air, Taiwan's economy and infrastructure. God- caring and compassionate community leader. the Labor Council was founded. speed and good fortune to our friends in Tai- John J. Casey went on to head what was Jessie Collins Trice's life was akin to that of wan as they rebuild their nation. then called the Central Labor Union, or CLU a burning candle. A candle's lifelong service is f to shed its light to illuminate the darkness of and the Building Trades Council. By 1902, 118 pessimism and hopelessnessÐuntil it is con- local unions were affiliated with the CLU. In TRIBUTE TO TODD OFFORD sumed. She conscientiously consecrated her 1903, United Mine Workers President John life by serving God through her fellow human Mitchell told the American Federation of Labor HON. RON PACKARD beingsÐespecially the women and children convention in Boston that Wilkes-Barre was OF CALIFORNIA from the innercity. I do remember cogently her the ``best organized city in the United States.'' IN THE HOUSE OF REPRESENTATIVES challenging words: ``Our children are our fu- Within the next few years, it was common to ture, and if we don't expend every effort to see as many as 300 members at the bi- Wednesday, October 13, 1999 help our children, we won't have a future.'' monthly meetings. Mr. PACKARD. Mr. Speaker, I would like to This Friday, October 15, 1999 at a funeral The father of Labor Council was John J. take this opportunity to recognize Mr. Todd mass at the Archdiocese of Miami's St. Mary's Casey, who sought to unite all the trade Offord as Reserve Firefighter of the Year for Cathedral, I join the Miami-Dade County com- unions in the event of a major problem with the City of Lake Forest. When Todd was 16 munity to celebrate her life and her friendship. local contractors. Casey, a central figure in the years old he began as a Fire Explorer and Undoubtedly, Jessie Collins Trice would urge history of the local labor movement, came was certified in Fire Control and auto extri- us that her death does not represent an irrev- from an inspiring background. Born in a com- cation. He also attended the Fire Explorer ocable termination or a grim finality. She pany-owned mining shack in the anthracite re- Academy at El Toro Marine Base. In 1989, would rather have us firmly believe that she gion, Casey lost his father in a mining acci- Todd became a Paid Call Firefighter and has will live on in the good deeds she amply left dent at age eight. With no compensation laws since attended the Driver/Operator academy, behind. She will carry on through the wonder- in place at that time, Casey was forced to become certified as an Emergency Medical ful thoughts and memories we all have of her. leave school and become a breaker boy, Technician, and attended the Orange County Like the God whom she served faithfully working ten-hour days for pennies. It was here Fire Departments 562 hour Firefighter Acad- during her earthly sojourn, she came and lived that the seed of labor activism was born in emy. among us that we may have lifeÐand have John J. Casey In his time as a Reserve Firefighter, Todd hope more abundantly. This is the wonderful John J. Casey realized legislation was has helped with yearly Christmas decorations, legacy Jessie Collins Trice left behind. And needed to obtain equal labor rights and social community fairs, serving food to the homeless this is the gift with which she blesses us. May justice for working men and women. He suc- and many other volunteer projects. Todd is Almighty God grant her eternal rest! cessfully ran for State Representative and, currently employed by the El Toro Water Dis- f later, for the United States Congress. When trict in customer service and continues to be LABOR CELEBRATION he won his congressional seat in 1912, John a valuable asset to the Reserve Firefighters in J. Casey became the first labor leader ever Lake Forest. HON. PAUL E. KANJORSKI elected to that body. During his tenure, he Mr. Speaker, reserve firefighters provide key was instrumental in the passage of laws pro- services in protecting communities and citi- OF PENNSYLVANIA hibiting child labor and supporting vocational zens, as well as our Nation's forests. Todd IN THE HOUSE OF REPRESENTATIVES education in public schools. Offord has gone above and beyond the call of Wednesday, October 13, 1999 Mr. Speaker, I am extremely proud of the duty in his service to the Orange County Com- Mr. KANJORSKI. Mr. Speaker, I rise today labor unions in Northeastern Pennsylvania. munity. I am proud to recognize Todd Offord to bring to the attention of my colleagues a The unions not only brought fair labor prac- as Reserve Firefighter of the Year.

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A13OC8.015 pfrm04 PsN: E13PT1 E2084 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 1999 HONORING BILL BURKE FOR HIS 150,000 of them are in my home state of Col- FOCUSING ON ACADEMIC EXCEL- ROLE AS CHAIRMAN OF THE SAN orado. Eight million children without health in- LENCE IN THE NEW BRAUNFELS DIEGO CHAPTER OF THE AGC surance could be insured using the excess $8 INDEPENDENT SCHOOL DISTRICT billion in defense funding. HON. BRIAN P. BILBRAY Several ``test'' F±22 fighters will be pur- HON. CIRO D. RODRIGUEZ OF CALIFORNIA OF TEXAS chased by the United States at a cost of $300 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES million per plane. Every uninsured child in Col- Wednesday, October 13, 1999 Wednesday, October 13, 1999 orado who suffers because he or she cannot Mr. BILBRAY. Mr. Speaker, I would like to receive health care could be covered at half Mr. RODRIGUEZ. Mr. Speaker, I rise today to recognize the education efforts of the New take this time to honor and congratulate Bill the price of a single F±22 fighter. Instead, the Braunfels Independent School District in col- Burke for the leadership and direction he has fighter jets will be produced while children in provided to the San Diego Chapter of the As- laboration with the Center for Leadership in every state across America suffer due to a Science, Mathematics and Technology at the sociated General Contractors (AGC) over the lack of needed health coverage. last 23 years. As Chairman of AGC, his count- Alamo Community College District. These two less hours of persistent hard work have led to Education is another area where deep fund- educational districts have joined to host a some great strides and advancements for gen- ing cuts will harm our nation's children. Ap- meeting entitled ``The Community Focuses on eral contractors in San Diego. proximately $3 billion has been targeted for Academic Excellence,'' scheduled for October During Bill's tenure he provided fundamental cuts from the education budget for fiscal year 19, 1999, in New Braunfels, TX. The meeting leadership that expanded the tasks of the San 2000. These cuts damage education programs will address the need for more students to en- gage in hands-on science exploration in Diego AGC by moving them into a multi-di- intended to assist over two million children. mensional organization that not only strives to grades K±12. This proposal would cut programs that provide The New Braunfels Independent School Dis- accomplish the goals and achievements of the needed after school care, reading and math construction industry, but also provides ap- trict has demonstrated an exceptional dedica- help for low-income children, and technology prenticeships, safety, and benefit programs. tion to expand the educational horizons of its He has demonstrated great flexibility and cre- support for schools. Under current proposals, students, particularly in science. Together, the ativity over the last two decades to keep states would not receive grants to assist in New Braunfels Independent School District ahead of the changing role of general contrac- School-to-Work programs and funding would and Alamo Community College District have tors and the construction industry in San be denied for drug and violence coordinators invited a keynote speaker, Dr. Lawrence Low- Diego County. in middle schools across the country. The cost ery from the Lawrence Hall of Science at U.C. At the end of this year Bill Burke will be re- of a single F±22 fighter would provide approxi- Berkeley, to discuss the topic ``How Students Learn.'' The United States Marine Corps will tiring from his leadership position. He will re- mately 750,000 low-income and needy chil- be on hand to present $10,000 for an main a constant standard and hard act to fol- dren with lunches at school for a year through low for all future AGC Chairmen, his impact on Annenberg Satellite Dish for use in all schools the National School Lunch program. In addi- in New Braunfels. The commitment of the the construction industry in San Diego county tion, about 675,000 needy students could be will be felt for many future generations. I thank school districts, the support of the parents, provided with school lunches at the cost of the him for all his efforts and congratulate him on and the generosity of the community will help his retirement and wish him the best of luck in five unrequested F±15 fighters provided for in expand the horizons of our children. all future endeavors. the Defense Appropriations Conference Re- Science is key to understanding the world we live in. It is important for our students to f port. Instead, 2.9 billion dollars' worth of edu- cation programs are in danger of being under- have the type of hands-on education in WHAT ARE THE PRIORITIES OF funded. science that is both challenging and reward- CONGRESS? ing. Without exposure to the sciences early Finally, even in today's booming economy, on, our students will be left behind on the road HON. DIANA DeGETTE millions of Americans suffer from homeless- of educational advancement. We have seen ness and poverty. According to a Congres- time and again that a commitment to higher OF COLORADO sional Research Service report by Morton J. standards of education is a commitment to ex- IN THE HOUSE OF REPRESENTATIVES Schusseim, ``Housing the Poor: Federal Hous- cellence and a commitment to our future. Wednesday, October 13, 1999 ing Program for Low-Income Families,'' on any I would like to commend the New Braunfels Ms. DEGETTE. Mr. Speaker, what are the given night, 600,000 people sleep on the Independent School District for its focus on its students. The efforts of teachers, parents, and priorities of this Congress? Today, the House streets because they have no home. In addi- a community of supporters will help us reach voted on the Defense Appropriations Con- tion, 12.5 million people are classified by the our common goal, academic excellence and a ference Report, the final vote to determine government as having severe housing prob- funding for the Department of Defense. The love of learning. lems such as substandard and crowded living Defense Appropriations, Military Construction, f and Energy and Water Appropriations bills to- conditions. In recent years, there has been a 15.8 percent increase in the number of very- WILT CHAMBERLAIN’S gether have provided $289 billion in defense PENNSYLVANIA LEGACY funds, which is $8 billion more than was re- low-income households in the United States quested by the Administration. In addition, the and the number of affordable housing units Defense Appropriations Conference Report al- has decreased by 42 percent between 1974 HON. GEORGE W. GEKAS OF PENNSYLVANIA locates $1 billion for the procurement of ``test'' and 1995. Severe physical deficiencies such IN THE HOUSE OF REPRESENTATIVES F±22 fighters and an additional $275 million as bad wiring, broken heating and dilapidated Wednesday, October 13, 1999 has been provided for the purchase of five structures affect 3.1 million families that rent unrequested F±15 jets. Extra funding, well be- homes. Mr. GEKAS. Mr. Speaker, I rise to pay trib- yond what is needed to maintain a strong de- ute to one of the greatest basketball players, fense, is being allocated to the Defense De- So, what are the priorities of this Congress? and one of the most magnificent Pennsylva- partment at the same time as programs that The answer lies in its actions. When defense nians that ever lived. As the Representative help the neediest Americans are being se- is provided with billions of dollars more than from Hershey, Pennsylvania, I have a unique verely cut. Millions of children across the what was requested, when too many kids re- remembrance of Wilton Norman Chamberlain. country are without health care, programs to main uninsured, and when education initiatives On the tragic occasion of his death we re- help improve our children's education are and affordable housing programs are in dan- member his awesome physical stature and being cut, and millions of people are living in ger of being cut by millions, it becomes crystal stunning agility, his God given athletic prow- poverty at a time when affordable housing is clear that the priorities of this Congress are ess. Inevitably, we recall what is one of the consistently decreasing. This Congress must grossly out of sync with those of the American greatest feats in all of sport: Wilt Chamber- better prioritize in order to provide for the lain's 100 point game. Chamberlain's 100 people. needs of Americans. point game, a record that will surely stand Currently, 11 million children in the United through the next millennium, took place on States go without health insurance and March 2, 1962, in Hershey, Pennsylvania.

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.022 pfrm04 PsN: E13PT1 October 13, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2085 Wilt Chamberlain, a Philadelphia native, hospital would face to their outpatient reim- residents in celebrating Harry's latest gift to began his career with the Philadelphia War- bursements. Milwaukee: the Harry and Rose Samson Fam- riors in 1959. He remained loyal to his team Skilled nursing facilities are under particular ily Resource Center. The Center will be home for many years, and to people all over Penn- burdens under the BBA as well. The prospec- to a new and expanded program of services at sylvania, as evidenced by the game at Her- tive payment system is reducing payments by Neighborhood House. These include support shey. To his credit and the credit of the NBA, 20 percent. Rural facilities, especially, do not groups to help parents and other childcare the value of bringing professional basketball to have the operating margins to absorb such a givers, employment and work search re- people in reaches otherwise untouched by the drastic cut. There are no accounting methods sources and workshops, a clothing exchange big city teams was well recognized. to increase payments for medically complex to help families meet the clothing needs of Wilt Chamberlain's 100 point game will be cases. On a related front, many providers be- growing children, a play area that will serve remembered as one of the greatest athletic lieve the $1,500 annual cap on therapy serv- both parents and area in-home child care pro- accomplishments of all time. But it will be re- ices is arbitrary and very hurtful for seniors. viders, and a health and wellness program membered by the people of Hershey for the Many of these seniors have multiple therapy with diagnostic screenings, nutrition informa- great and imposing presence that left its im- needs which can run out in a matter of months tion, immunization and other services. pression there 37 years ago, and remains to under this tight cap. Mr. Speaker, wish I could be in Milwaukee this day. Changes in reimbursement for Graduate today to shake Harry's hand and thank him for f Medical Education unintentionally hurt family his gift of renewed hope. I wish I could join the practice training in districts such as my own. excited people touring the new Center for the BALANCED BUDGET ACT CUTS TO I hope that this body reviews the technical cor- first time. But I appreciate this opportunity to MEDICARE rections to GME reimbursements contained in share their story with my colleague and to my bill, H.R. 1222, which addressed this offer my most sincere appreciation to Harry HON. JOHN ELIAS BALDACCI issue. These corrections are especially impor- Samson for this unparalleled devotion and OF MAINE tant for rural communities, where there are still generosity and my heartfelt congratulations to IN THE HOUSE OF REPRESENTATIVES shortages of family practice physicians. Neighborhood House on the dedication of the Wednesday, October 13, 1999 Finally, I hope we consider as part of BBA Harry and Rose Sampson Family Resource corrective legislation the incorporation of provi- Center. Mr. BALDACCI. Mr. Speaker, Maine hos- sions of H.R. 1344, the Triple-A Rural Health f pitals, home health agencies, and skilled nurs- Improvement Act, developed by the Rural ing facilities are in a state of crisis. Congress Health Care Coalition of the House. This bill is A TRIBUTE IN HONOR OF JOSEPH must address this issue before we recess for designed to address further the need for BARBERA the year. health care access for seniors in rural areas. I am proud of the fact that Maine health in- We must take the initiative to attack the HON. JAMES A. BARCIA stitutions are efficient and perform above the problem of inadequate provider reimburse- OF MICHIGAN norm nationwide in regards to quality of care. ments now. I urge my colleagues to support IN THE HOUSE OF REPRESENTATIVES But now our providers, especially those in the restoration of some of the most-harmful Wednesday, October 13, 1999 rural areas, are suffering disproportionately BBA cuts. under the Balanced Budget Act Medicare cuts, f Mr. BARCIA. Mr. Speaker, I rise today to and our resources are stretched to the limit. pay tribute to Mr. Joseph Barbera, who, along With the BBA Medicare cuts, our hospitals will CELEBRATING THE HARRY AND with his partner Mr. William Hanna, created lose $338 million over 5 years. ROSE SAMSON FAMILY RE- some of the most beloved characters of the Maine has the lowest Medicare inpatient op- SOURCE CENTER twentieth century, including Scooby-Doo, Tom erating margins in the country. In fact, our op- and Jerry, Yogi Bear and Boo Boo, The erating margins are in the negative. Because HON. THOMAS M. BARRETT Flintstones, The Jetsons, Johnny Quest, of these already too-low Medicare reimburse- OF WISCONSIN Huckleberry Hound, and Quick Draw McGraw. ment rates, any cuts to Medicare hurt Maine IN THE HOUSE OF REPRESENTATIVES For many generations of young viewers, these that much harder. There are no more margins characters have served both as barometers of left to cut. Cost shifting will occur and this will Wednesday, October 13, 1999 American culture and as tools for shaping the hurt all Maine citizens. Mr. BARRETT of Wisconsin. Mr. Speaker, I way these viewers relate to their family and One area which particularly concerns me appreciate this opportunity to share with my friends. And not just in this countryÐHanna- and my constituents is the effect of the interim colleagues a few words of congratulations to Barbera shows have been seen in nearly 100 payment system on home health agencies. the Neighborhood House of Milwaukee on the countries and translated into 22 languages. It The burden home health agencies have been dedication of its Harry and Rose Samson is with great pleasure that I speak today about asked to bear is extreme, especially when Family Resource Center, as well as my sin- part of that duo, Mr. Barbera, who is being considering that the losses are spread among cere appreciation for the generosity of Harry honored with the Lifetime Achievement Award only 40 providers in the state. I hope that a fix Samson. by the Italian American Cultural Society. can be developed for home health providers Neighborhood House has a long and rich Joseph Roland Barbera was born in New that includes the elimination of the 15 percent history of service to children and families in York City in 1911 to Vincente and Frances reduction in payments due to begin October my hometown of Milwaukee, WI. Its program Barbera. In the early 1930's in New York City, 2000. Home health agencies in my district services are delivered in a community setting he began his famous animation career as an also ask that an outlier payment be added to and are tailored to meet the diverse needs of accountant, and fortunately for us, found that the Interim Payment System to adequately ac- neighborhood residents. The goal has always his more exceptional skills lay elsewhere. He count for high-need, high-cost patients. A flexi- been to build ``Healthy Families in a Strong started supplementing his work by drawing ble overpayment schedule, interest-free, would Community,'' and Neighborhood House has cartoons for magazines, and soon had a job be helpful to providers, as well as a gradual never forgotten that the one implies the other. as an animator. In 1937 his career took an- raise in the per beneficiary limits for agencies I have respected Harry Samson for years, other turn, and Mr. Barbera joined MGM Stu- falling under the national median and the ex- and I have the deepest regard and admiration dio's cartoon unit, where he met Mr. Hanna tension of Periodic Interim Payments. for his commitment to improving the lives of and the two immediately produced one of their I am very concerned about the effects of the others in our community. Harry and his late most famous creations. Their first collaboration outpatient prospective payment system and wife, rose have led by example, giving gener- was titled ``Puss Gets the Boot,'' which led to the severe cuts Maine providers will experi- ously of their financial resources, their time two of America's most entertaining pals, Tom ence under this reimbursement system. By and their creative energy to support the Chil- and Jerry. The duo would eventually receive HCFA's own admission in the May 7 published dren's Outing Association, Congregation Sha- seven Academy Awards throughout the next rule, rural hospitals will take the biggest hit in lom, the Next Door Foundation, the Jewish two decades for their cat-and-mouse team. reimbursements from the outpatient PPS. The Community Center, and other worthy organi- In 1957, when MGM closed its animation total reduction in the first year for all institu- zations. studio, Mr. Barbera joined with Mr. Hanna in tions will be $900 million, or a 5.7 percent av- Today in Milwaukee, Harry Samson's many forming Hanna-Barbera Productions. A year erage reduction per facility. I hope we con- friends and admirers will join Neighborhood later the studio had won the first of eight sider placing a ceiling on the level of cut any house leadership and staff and neighborhood Emmy Awards for ``The Huckleberry Hound

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.022 pfrm04 PsN: E13PT1 E2086 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 1999 Show.'' The duo went on to create many more venile by 59%. Therefore, we must invest in broadcasting Special English programs. I call classics such as ``The Flintstones,'' ``the programs that help to reduce child abuse. this to the attention of our colleagues because Jetsons,'' ``Top Cat,'' and ``The Adventures of In my home state of New York, a fifteen this is a service offered by the United States Jonny Quest,'' to the great delight of viewers year study of a nursing home visitation pro- Government that is appreciated by millions of all ages. gram reported that state-verified cases of child around the world, but is little known here at The reason that both adults and children abuse and neglect were reduced by 79% home. VOA's Special English program was have such an affinity to the shows can per- among program participants. Furthermore, first broadcast over the international airwaves haps be given by Mr. Barbera himself. In a re- youths whose mothers participated in the pro- on October 19, 1959. Today, there are Special cent interview with the Las Vegas Review- gram were 55% less likely to be arrested. English broadcasts around the world seven Journal he said, ``We never really played down Mr. Chairman, as we debate juvenile crime, days a week, six times a day, delivering the to kids. We made what I call entertainment for our primary focus should be on child abuse. I latest news and features on American culture, families. The kids got on board and the adults urge all of my colleagues to support these pro- science, medicine, and literature. came on board. We never really lost any of visions that are put forth in the juvenile justice Special English began as an experiment to them.'' today, the Flinstones still rank as one bill. communicate by radio clearly and simply with of the top-rated programs in syndication his- f people whose native language is not English. tory. It was an immediate success. Special English CAPTAIN SANDRA REDDING In addition to great talent, Mr. Barbera is programs quickly became some of the most MAKES HISTORY WITH CALI- blessed with a loving family. He and his wife, popular programs on VOA. Forty years later FORNIA HIGHWAY PATROL Sheila, live in Studio City, CA, where Mr. they still are. And they still are unique. No Barbera continues to serve as a creative con- other international radio station has a special- sultant, most recently with the animated fea- HON. JERRY LEWIS ized series of English news and feature pro- ture film ``Tom and JerryÐThe Movie.'' He is OF CALIFORNIA grams aimed at non-native English speakers also blessed with three children, Jayne, a pro- IN THE HOUSE OF REPRESENTATIVES around the world. duction executive; Neal, a writer/producer; and Wednesday, October 13, 1999 VOA Special English is different from stand- Lynn, married to a producer and a mother of Mr. LEWIS of California. Mr. Speaker, I ard English in the way it is written and the way two. would like today to call your attention to an it is delivered. Its vocabulary is limited to Mr. Speaker, I invite you and my colleagues unprecedented accomplishment by Capt. San- 1,500 words. It is spoken slowly, in short, ac- to join with me in honoring Mr. Joseph dra Redding, who on Nov. 1 will become the tive-voice sentences. Although the format is Barbera, who has given many generations, first woman to serve as assistant chief of the simple, the content is not. Complex, topical both young and old alike, beloved characters California Highway Patrol. subjects are described in an easy to under- like Scooby-Doo, Tom and Jerry, Yogi Bear A graduate of San Gorgonio High School in stand, concise way. and Boo Boo. San Bernardino, Capt. Redding has risen Through the years, Special English has be- f quickly through the ranks of the CHP to her come a very popular English teaching tool, present position as commander for the San even though it was not designed to teach CHILD ABUSE PREVENTION AND English. Its limited vocabulary, short sen- ENFORCEMENT ACT Bernardino area, where she has served since 1996. tences and slow pace of speaking help lis- teners become comfortable with American SPEECH OF Although she originally attended California State College, San Bernardino, with the goal English. Individuals record the programs and HON. JACK QUINN of becoming a teacher, Capt. Redding devel- play them over and over to practice their lis- OF NEW YORK oped a love of law enforcement and joined the tening skills. Teachers of English in dozens of IN THE HOUSE OF REPRESENTATIVES San Bernardino Police Department in 1977. countries including China, Japan, Vietnam, Tuesday, October 5, 1999 That same year, she was appointed to the Iran, Cuba, Russia, Nepal and Nigeria use CHP academy, and in 1978 joined that re- Special English in their classes. They praise it The House in Committee of the Whole nowned law enforcement agency. for improving their students' ability to under- House on the State of the Union had under stand American English and for the content of consideration the bill. (H.R. 764) to reduce Serving throughout Southern California, Capt. Redding was promoted sergeant in the programs. the incidence of child abuse and neglect, and For many listeners, VOA Special English for other purposes: 1983Ðthe second woman to reach that posi- programs provide a window into American life Mr. QUINN. Mr. Chairman, I want to com- tion in the CHP. She became the second woman promoted to lieutenant in 1987, and that may change some misconceptions. A lis- mend my fellow colleagues for their work in tener from China wrote: passing H.R. 764, the Child Abuse Prevention was the third woman appointed as captain in Act. This bill is a step in the right direction to- 1996. A wonderful world appeared before my eyes When she moves up to her new post as as- through my radio receiver. There were your ward achieving our ultimate goal of eliminating sistant chief, Capt. Redding will move to CHP history, your everyday life, your brave and child abuse. headquarters in Sacramento to oversee pro- intelligent people and your words. To get a Mr. Chairman, there are a few provisions grams in the Personnel and Training Division. better appreciation about you, I spent most currently being debated in the conference of my spare time in learning. I could say you She will be joined there by her husband, committee negotiations on H.R. 1501, the ju- presented people like me, those who have Jarrell, who is retiring after 27 years in the venile justice bill, that will help prevent child only limited English knowledge, an ap- CHP, and stepdaughters Jessica and Jac- abuse and neglect. The first provision is the proachable American culture and acted like queline. But the Inland Empire will keep a a usher leading us into it. Parenting as Prevention Program. This pro- claim on her through her proud parents, Jo- gram would provide parenting support and For other listeners, VOA Special English seph and Betty Hayes, who live in Highland. education centers to promote early brain de- provides information that they cannot get else- Mr. Speaker, we can all be proud of the ac- velopment, child development and education. where. A listener in Havana, Cuba writes: complishments of this product of San The second provision that deserves our Bernardino schools. I ask you and my col- I’m sure that you are not able to imagine complete support is the Juvenile Accountability leagues to join me in congratulating her and how many people listen to you every day. Incentive Block Grant, of which 25% is specifi- wishing her well in her new assignment. What is important in Special English is that cally reserved for prevention activities. This you broadcast the most important news and f grant program would ensure that adequate re- later give us important reports about sources are available for efforts aimed at pre- VOA’S 40TH ANNIVERSARY OF science, environment, agriculture and then venting juvenile delinquency, including pro- SPECIAL ENGLISH PROGRAMMING follow with 15 minute programs about all the grams that prevent child abuse and neglect. things people are interested in. Numerous studies have concluded that HON. BENJAMIN A. GILMAN And for other listeners, VOA Special English there is a direct link between child abuse and OF NEW YORK offers a way of learning American English. A a later onset of criminal activity as a juvenile. IN THE HOUSE OF REPRESENTATIVES listener in Tehran, Iran writes: In fact, in one of the most detailed studies on Wednesday, October 13, 1999 It was summer 1993 that I started listening this issue, the National Institute of Justice con- to your programs, and during the first sum- cluded that being abused or neglected as a Mr. GILMAN. Mr. Speaker, the Voice of mer, I really had a great improvement in my child increased the likelihood of arrest as a ju- America (VOA) is celebrating 40 years of English speaking, specially my accent. Many

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A13OC8.025 pfrm04 PsN: E13PT1 October 13, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2087 times I wanted to write letters to you, but I had another complicating disease such as di- came in a large flat box. The open end of the was afraid, because I was not sure I could abetes or were over 50 years of age, dialysis tubing had to be softened by sticking it in write in a way that I could reflect what was was not even offered to you. acetone and was then attached to both ends in my heart. I thank you because you did The therapy itself was cumbersome and of the glass drip chamber. The dialysis mem- something that no one could do. I suffer from took a long time. It was done in settings branes were soaked and sanitized for several visual problems, so your programs with their where lots of nurses and doctors were avail- hours in a container filled with acetic acid. independence of vision helped me a lot. able because of the uncertainty of how stable Carefully removed, they had to be stretched patients would be. Everybody was carefully over long plastic boards. There were four Mr. Speaker, the hundreds of such testi- observed by a psychiatrist for signs of dis- membranes divided into two layers each be- monial letters and e-mail messages that are tress. Everything was being measured be- tween three boards. Then this construction received each month are proof that Special cause there was much to learn about this was filled with formaldehyde overnight be- English makes a difference in the lives of peo- new therapy. How much time to spend on the fore the next dialysis. With practice I was ple around the world. I invite my colleagues to machine and how often during the week to able to put it all together in a bit less than dialyze were still being developed. The few an hour. Taking it apart when the dialysis join me in congratulating the Special English medications available for high blood pres- was over took less time, but before the next branch of the Voice of America on its 40th an- sure had powerful side effects and were rare- dialysis it had to be put together again. niversary. ly effective. There were no replacements for My break came in 1968 when I was accepted f the erythropoietin and active vitamin D, to medical school in Brooklyn. It was my which the dying kidneys had stopped mak- salvation. I was put on dialysis for 14 hours DR. PETER LUNDIN, A VERY ing, therefore we were all constantly anemic. overnight, three times per week. I felt much SPECIAL ROLE MODEL To get my hematocrit (amount of red cells in better. I was learning to become a doctor. I the blood) above 20 percent I needed frequent got my first and only fistula which works blood transfusions. The only way to control well to this day. It was from that period of HON. FORTNEY PETE STARK phosphorous in the blood was to eat a diet my life I learned some very important les- OF CALIFORNIA without phosphorous containing foods and to sons about how to survive with dialysis: the importance of good dialysis and a reliable IN THE HOUSE OF REPRESENTATIVES take Amphogel, an aluminum containing antacid. In those days Amphogel tasted like blood access. Getting dialysis treatments today is, in Wednesday, October 13, 1999 chalk. It came only as large unswallowable many ways, very much easier on the patient, tablets or in liquid form and was extremely Mr. STARK. Mr. Speaker, kidney failure, who is on average older and having many constipating. Due in part to the and the need for dialysis 3 times weekly, is a more medical problems. Supplies, equip- devastating disease that grinds many people unpalatability of this therapy, some patients ment, medications and ways to treat other already had severe crippling bone disease. medical problems have greatly improved down. Others were already running out of areas for One of the most remarkable people I know over the years. While having one’s access fail new accesses, their arteries and veins having is no less traumatic today than it was back is Dr. A. Peter Lundin, who experienced kid- been used up by multiple external catheters. then, the future promises to bring additional ney failure as a young man 33 years ago, but In those days we did not have grafts or fis- advances to improve the lives of patients who entered the world of medicine, became a tulas. We dialyzed through an external shunt with kidney failure. in the arm or leg. In my case it was in my nephrologist, and has had a remarkable and f successful medical practice since then. He leg so I had more independence in putting myself on and off the machine. While I did has been President of the American Associa- not have to worry about getting stuck with INTRODUCTION OF THE SOUTH- tion of Kidney Patients and a tireless advocate needles, the shunts caused serious concerns EAST FEDERAL CENTER PUBLIC- for the Nation's quarter million renal patients. of their own. They easily got infected, dam- PRIVATE REDEVELOPMENT ACT He is truly a role model, a figure of courage aged the veins and arteries, and often clot- OF 1999 and determination, to thousands. I would like ted. All of these problems led to a shunt life to include in the RECORD at this point an arti- expectancy of about six months. One of mine HON. ELEANOR HOLMES NORTON was chronically leaking from the arterial cle he recently wrote for RenaLIFE entitled OF THE DISTRICT OF COLUMBIA ``Dialysis at the Beginning.'' side, forcing me to walk on crutches from class to class. After getting heparin for di- IN THE HOUSE OF REPRESENTATIVES Thank you, Dr. Lundin, for the great help alysis it might take several hours with pres- Wednesday, October 13, 1999 and inspiration you have given to so many. sure to stop bleeding. When it clotted I had Ms. NORTON. Mr. Speaker, along with DIALYSIS AT THE BEGINNING my own declotting kits. Sometimes it would take several hours to open the shunt up Chairman BOB FRANKS today, I rise to intro- (By A. Peter Lundin, MD) again. duce the Southeast Federal Center Public-Pri- Patients starting on dialysis today do not I was an undergraduate student at Santa vate Redevelopment Act of 1999 (SEFCA) to realize how easy and routine it has become. Clara University in California when my kid- develop the largest undeveloped parcel of Since the 1960s when it began, dialysis ther- neys failed. I was not a candidate for trans- prime real estate here in the District of Colum- apy has grown into a well-organized, effi- plant, and as a student I was not a dialysis biaÐthe Southeast Federal Center located in ciently run, multi-billion dollar industry. candidate either because I would have to be- Southeast Washington. This bill follows a tour From the perspective of the doctor and pro- come dependent on my family again. Never- of the site at the suggestion of Rep. BOB vider, it is no big deal to start a patient on theless by a series of fortunate events the fu- FRANKS, Chairman of the Subcommittee on dialysis today. Everybody who needs it, can ture came about and I am here 33 years later get it. Patients really cannot be blamed for to tell about it. Economic Development, Public Buildings, their ignorance of how relatively easy they I learned how to dialyze myself at the Uni- Hazardous Materials and Pipeline Transpor- have it because the emotional trauma of los- versity of Washington in Seattle in their Re- tation, as a result of questions I raised to Gen- ing your kidneys and beginning a new and mote Home Dialysis Program. After three eral Services Administration (GSA) officials at restricted life with dialysis has not changed. months of training I returned to Northern a congressional hearing on May 11, 1999, What has changed in this regard is much less California and to school. I had the hope and concerning the failure of the federal govern- attention today is paid to emotional adjust- expectation of becoming a medical doctor, ment to make productive use of this valuable ment. Patients are told when they need an and I transferred to Stanford University, federal land while the government pays to rent access placed and when to start dialysis, feeling it would be easier to get into medical often with little consideration of the impact and lease space for federal facilities. school from there. While taking a full course I recently held a town meeting in the District of this new and dramatic event on their load of physics, chemistry, biology and lives. Dialysis units are often compared with mathematics I dialyzed at home. The treat- focusing on the development of the Southeast factory assembly lines where patients come, ments were done, then as now, three times Federal Center and other properties owned by get their treatment and leave without so per week, but they lasted for 10 hours. Clear- the federal government and the jobs and spin- much as a word of concern. ly, to be able to go to school the dialysis ses- off economic benefits that they inevitably have It was not like this when I began on hemo- sions had to occur overnight. After setting on their surrounding communities. Because dialysis in 1966. Then it was available in only up the machine I would get on about 7 p.m. the parcel is located in this city, the District of a few centers scattered across the country. and off at 5 a.m. Of course, I had to sleep and Columbia would gain immeasurably from the You had to have a willing insurance com- did while the machine was washing the project at the same time that the federal gov- pany or pay for it yourself. Because there blood. ernment finally would achieve productive use were very few slots available you were cho- When I started dialyzing at home, sen by a committee based on your social dialyzers and blood tubing did not yet come and revenue from valuable property. The win- worth. Only breadwinners or housewives car- in clean packages out of a box. They had to win approach embodied in this bill has clear ing for working husbands and children were be put together by hand. At first, I had spe- potential for a new kind of partnership be- eligible. You were expected to continue cially made glass drip chambers and long tween hard pressed cities and the federal gov- working after you started dialysis. If you roles of plastic tubing. Dialysis membranes ernment.

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.028 pfrm04 PsN: E13PT1 E2088 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 1999 The Southeast Federal Center is a 55-acre lease and occupy any office space in the de- limitation to current economic and international undeveloped site just 5 minutes from the U.S. veloped facilities; (4) not require, unless other- conditions. Capitol. Located between M Street, S.E. and wise determined by the GSA, federal owner- Mr. Speaker, I offer this bill after carefully the Anacostia River next to the Washington ship of any developed facilities; and (5) de- reviewing current conditions of the trona in- Navy Yard, the site is considered by real es- scribe the duties and consideration for which dustry in my State. In the course of that re- tate and land use experts to be one of the the U.S. and the public or private entities in- view, I have been reminded that U.S. soda most valuable pieces of property remaining on volved are responsible. The bill also author- ash producers, four of which are in Wyoming, the entire east coast. It is as important a fed- izes GSA to accept non-monetary, in-kind con- are extremely competitive with one another for eral parcel as Constitution Avenue and Penn- sideration, such as the provision of goods and a share of the relatively flat domestic market. sylvania Avenue, the existing prime locations services at the site. They are also faced with strong international for federal facilities. The property was once a I very much appreciate Chairman BOB competition. part of the Washington Navy Yard, but ap- FRANKS for his indispensable leadership on With that in mind, I believe this legislation is proximately 30 years ago, this large parcel the bill. The Southeast Federal Center has critical to the domestic industry to sustain its was transferred to the GSA in anticipation that been a subject at hearings since I came to global competitiveness. Wyoming is the Saudi the site would be developed into office space Congress almost 10 years ago, and before. Arabia of the world in terms of trona deposits, for federal agencies. For years, the site re- BOB FRANKS is the first chair of the Sub- generating some 12 million tons of soda ash mained environmentally degraded, but I have committee to initiate action. New to the chair- per year and $400 million to our balance of worked hard to secure funds for this purpose, manship of the Subcommittee, he was aston- trade. But I have also learned that we cannot and to its credit, Congress responded by ap- ished to discover during my questioning of take this industry for granted. Like so many in- propriating the necessary funds in FY 1997± GSA witnesses that so large and valuable a dustries basic to our economy such as steel, 99, and environmental upgrading is nearing federal parcel has long gone unused while paper, aluminum, copper and coal, the soda completion. Yet, despite its inherent value, taxpayers had been laying out billions of dol- ash producers must take measures to stay prime location, a $30 million infusion from the lars to lease space for federal facilities. On the competitive. Many countries, including China federal government for environmental cleanup spot, he suggested that the subcommittee tour and India, with vast supplies of trona, have of the site, and a proposed mall with stores the parcel. Shortly thereafter, Chairman erected tariff and non-tariff barriers to support and amenities to be built by the government to FRANKS indicated that he wanted to hold a their own less efficient producers, making it serve federal employees and the neighbor- hearing to work for expeditious passage of a difficult to export U.S. soda ash. hood, GSA has been continually frustrated in bill for productive use of the parcel and rev- For this reason, U.S. producers have attempts to attract federal government tenants enue to the federal government. The result is formed the American Natural Soda Ash Cor- to the site, and the property has remained un- a bipartisan effort made possible by the Chair- poration (ANSAC), a Webb-Pomarene trading developed. Thus, instead of using this federal man's understanding that something could be association, in recognition of the fact that land to house federal agencies or for other done about a notorious waste of a valuable growth of the U.S. soda ash industry is directly productive purposes, the federal government federal resource. tied to its ability to effectively export. ANSAC rents other space throughout the region. The I urge rapid passage of the Southeast Fed- is the sole authorized exporter of soda ash financial loss to the federal government as a eral Center Public-Private Redevelopment Act and is wholly owned by the six U.S. sodium result of its failure to make use of this valuable of 1999 so that the progress we have made producers. It accounts for the employment of asset is incalculable. thus far can soon produce a result at once some 20,000 people in the U.S. and exports Federal land cannot be used for other than beneficial to the federal government and the to 45 different countries. federal purposes without legislation and the nation's capital. This is but one example of how our domes- new approach embodied in this bill. One of the f tic industry has taken the steps necessary to main reasons the site still lies unused is be- compete effectively abroad. In addition, the cause the federal government has been un- INTRODUCTION OF LEGISLATION producers in my state are making major in- able to commit sufficient financial resources TO EXPAND THE ACREAGE LIMI- vestments in modernizing their facilities and for its development. The bill would overcome TATION FOR SODIUM LEASES sustaining the level of capital investment nec- this obstacle by creating a public-private part- essary to continue to be competitive both at nership whereby the federal government HON. BARBARA CUBIN home and abroad. The start up cost for a new would make the land available for develop- OF WYOMING soda ash operation is estimated to be at least ment and a private developer would furnish IN THE HOUSE OF REPRESENTATIVES $350 million dollars and to develop a world the necessary capital to make the land pro- class mine, $150 million. Putting this in per- Wednesday, October 13, 1999 ductive. This kind of partnership represents an spective, our Wyoming soda ash producers in- important breakthrough in securing the highest Mrs. CUBIN. Mr. Speaker, today I am intro- vest on average twice as much as their coun- and best use for federal resources, securing ducing legislation to amend the Mineral Leas- terparts in the Powder River coal basin. This revenue for the federal government, and sav- ing Act (MLA) to grant the Secretary of the In- is largely due to the fact that soda ash is ing the government money while at the same terior the discretion to increase the number of mined underground and thus requires a so- time contributing to the local D.C. economy federal leases which may be held by any one phisticated processing plan to turn raw ore and its neighborhood. The approach is mutu- producer in a single State. The present acre- into finished products. That is simply the re- ally beneficial: the federal government makes age limitation for sodium leases of 15,360 ality of what is required to stay competitive. its property available for development and rev- acres has been in place for five decadesÐ But more importantly, at these costs, a new enue-producing occupancy and the developer, longer than any other existing law. In fact, so- entrant, as well as existing producers, must selected competitively, receives a valuable op- dium is the only mineral subject to the MLA have a predictable mine plan. A primary com- portunity. which has not had an increase in acreage ponent of such a plan is a predictable level of Our bill would authorize the Administrator of since the law was amended in 1948. My bill reserves that will last several decades. My bill the GSA to enter into agreements with a pri- would increase that limitation to 30,720 acres would help provide this predictability by giving vate entity to provide for acquisition, construc- per producer. Frankly, the current limit is just the Secretary of the Interior the discretion to tion, rehabilitation, operation, maintenance, or out of step with the competitive and techno- raise lease limits on a case-by-case basis if use of facilities located at the site. The bill pro- logical advances of this industry and must be the producer can show it is in need of addi- vides the GSA with wide latitude to enter into changed as we move into the next century. tional reserves to maintain its operations. arrangements to bring any appropriate devel- The MLA set forth acreage limits to ensure In short, what discourages new entrants into opment work to the siteÐprivate, federal, that no single entity held too much of any sin- this process is not available acreage, but the local, or some combination. The bill also gle mineral reserve. This remains an important realities of capital investment required to sus- specifies that any agreement entered between objective. A lease limitation ensures that there tain a competitive soda ash operation. Be- the GSA and the developing entity must (1) is sufficient competition, while providing an in- cause domestic consumption is only antici- have as its primary purpose enhancing the centive for development of these reserves and pated to grow at about one percent over the value of the Southeast Federal Center; (2) be ensuring a reasonable rate of return to the next ten years, a new producer must have the negotiated pursuant to procedures that protect Federal and State Treasuries. My bill is con- wherewithal to build an operation which can the federal government's interests and pro- sistent with these objectives and seeks only to effectively compete in international markets, mote a competitive bidding process; (3) pro- grant the Secretary of the Interior the discre- where a 60 percent growth rate is expected vide an option for the federal government to tionary authority to adjust the present lease over the next decade. Soda ash prices have

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.032 pfrm04 PsN: E13PT1 October 13, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2089 been declining about 1 percent a year since involvement and volunteerism. The State of necticut State University nears its 150th anni- 1991. Any company coming into this industry Connecticut affords a special designation to versary on October 23, 1999, I salute this fine has to recognize that their investment will take those programs which contribute to the better- institution that has served as a stable and a while to realize returns. ment of the State as a whole and CCSU has generous source of information, expertise, In summary, the bill I am introducing today earned the ``Center for Excellence'' designa- guidance and charity throughout its history as is necessary for a number of reasons. It is tion in both international education and tech- it prepares the state's youths for adulthood consistent with good mining and environ- nology education. and partners with communities to solve prob- mental practices and it is good public policy. CCSU has long been a generous partner lems. We congratulate CCSU on her long and I commend it to my colleagues for their sup- with the people of New Britain as they look for successful history and thank her for her lead- port. ways to bring new businesses to the town and ership into the new millenium. f to promote a better quality of life for all of its f residents. As manufacturing faced the chal- CONGRATULATING CENTRAL CON- lenges of competing globally, CCSU devel- HATE CRIMES PREVENTION ACT NECTICUT STATE UNIVERSITY oped the state's first Masters degree in Indus- ON ITS 150TH ANNIVERSARY trial Technical Management to accelerate the HON. SUE W. KELLY modernization of manufacturing management OF NEW YORK HON. NANCY L. JOHNSON to enhance quality and productivity. This not IN THE HOUSE OF REPRESENTATIVES OF CONNECTICUT only better prepared students to help lead the Wednesday, October 13, 1999 IN THE HOUSE OF REPRESENTATIVES rebirth of manufacturing, but made critical re- Mrs. KELLY. Mr. Speaker, without check, Wednesday, October 13, 1999 sources available to the multitude of small and hate can vein our society like subterranean medium sized manufacturers being challenged Mrs. JOHNSON of Connecticut. Mr. Speak- mold, popping up now and then to spread vit- to meet new standards to succeed in serving riol over the land. On the occasion of the anni- er, today I rise to commemorate the 150th an- globally competing companies. Following this niversary of Central Connecticut State Univer- versary of Matthew Shephards' brutal killing, development of its graduate courses, CCSU and in memory of those who have also lost sity (CCSU), a regional, comprehensive uni- developed a Center for International Education versity in my hometown dedicated to learning their lives due to their race, national origin, and a Program in International Business as disability or sexual orientation, I speak out in the liberal arts and sciences and the well as developed partnerships with edu- strengthening of our communities and econ- today in support of the Hate Crimes Preven- cational institutions in 19 countries around the tion Act of 1999. Additionally, I urge my col- omy. world. CCSU is the State's flagship university To appreciate the importance of this Univer- leagues to preserve its inclusion in the Con- in international education. ference Report for the Departments of Com- sity to the state of Connecticut and the city of In its own neighborhood of New Britain and merce, Justice and State and the Judiciary New Britain, we need to understand its re- Central Connecticut, the University works with markable history of anticipating the edu- Appropriations Act for Fiscal Year 2000. many city and community programs to pro- The hate crimes legislation in both the cational needs of our society as they have de- mote the economic development of New Brit- veloped and responding with forward thinking, House and the Senate have been widely sup- ain, including the Mayor's Development Cabi- ported. The inclusion of the House and Senate high quality courses and new partnerships. net, the Metro Economic Development Author- CCSU is Connecticut's oldest, publicly-sup- versions of this bill in the C/J/S Conference re- ity; the New Britain Marketing Collaborative port is critical to its success. I urge my col- ported institution of higher education. Founded and the Greater New Britain Network Group in 1849 as the New Britain Normal School, a leagues on the Conference Committee to in- and the Initiative for a Competitive Inner City. clude this measure in their final report. Its long training facility for teachers, it moved to the The Center for Social Research (CSR) at past time. Over the last year we have heard site of its modern-day campus in 1922. Eleven CCSU is also involved in enhancing economic from the families of individuals whose lives years later it became the Teachers College of development by providing critical resources to have been viciously ended. These families, Connecticut and began offering 4 year Bach- our Neighborhood Revitalization Zones (NRZ) and those they speak for, have asked us to elor of Arts degrees. including the Broad Street NRZ, the Arch expand the federal jurisdiction to reach seri- In 1959, with the capacity to offer liberal arts Street NRZ and the North and Oak Street ous, violent hate crimes. With hope, the day degrees, it became the Central Connecticut NRZ. It conducted research to identify the un- will come that this type of measure will no State College and in 1983, the Central Con- employed and the underemployed in our city longer be necessary. But until that time, let us necticut State University. The University now neighborhoods to enable the city to attract em- act now so that more families do not have to not only offers a wide range of undergraduate ployers who could hire them. This approach live through the tragedy of losing a loved one but also graduate programs. promises to both strengthen the economic to this type of vicious hate. CCSU plays an important role in the state of base of the community and improve people's f Connecticut's education mission. It is the larg- lives without creating the urban and environ- est of four comprehensive Universities within mental problems that accompany commuters STOP RESUMPTION OF MILITARY the Connecticut State University System and and their automobiles. TIES TO PAKISTAN enrolls 12,000 full-time and part-time students. CCSU serves as a resource for the commu- Its 400 full-time faculty members, 350 lec- nity at large by performing needs assessment HON. BILL McCOLLUM turers and over 500 administrators and staff and public opinion surveys, developing training OF FLORIDA are dedicated to providing a quality edu- workshops, and using its resources to help IN THE HOUSE OF REPRESENTATIVES cational experience to these students. community organizations address specific One can learn a great deal about a univer- needs. It is also conducting surveys for the Wednesday, October 13, 1999 sity from how it defines itself. CCSU's mission Main Street New Britain Project to identify the Mr. MCCOLLUM. Mr. Speaker, I rise today statement clearly articulates its goal of not combination of shops and restaurants that will out of my great concern for the possible re- only educating its students but of preparing bring more people to downtown Main Street. sumption of military supply between the U.S. them for making positive contributions in the In addition, it has partnered with the and Pakistan. The Department of Defense Ap- challenging, fast paced world of work and the Klingberg Family Centers of New Britain, a propriations conference report allows the equally important world of civic responsibility. day-school and residential facility for troubled President to waive certain sanctions against ``With learning at the heart of all our activi- children and families, to create a Community India and Pakistan under the Glenn and ties, our fundamental responsibility is to em- Outreach Center to better serve our families. Pressler amendments. While I am pleased power students to attain the highest standards CCSU's Tutor Corp, funded by Stanley Works, that the economic and technological restric- of academic achievement, public service and is a group of 40 students who work with 150 tions have been lifted, I am gravely concerned personal development. Preparing students for New Britain middle and high school students about the prospect of military exchanges with enlightened and productive participation in a at risk for dropping out of school. The tutors an unstable Pakistan. global society is our obligation.'' also provide support to the Teen Pregnancy As I am sure colleagues are aware, Paki- Through CCSU's active participation in the Prevention Program at Pathways Senderos. stan's government has been ``dismissed'' by State and the communities of New Britain and I pay tribute to CCSU's remarkable history its army, leaving the country in much uncer- Central Connecticut, it not only provides a of leadership in education and creative devel- tainty. As a new nuclear state, this type of dis- quality education to its students but provides opment of partnerships strengthening our ruption should certainly cause concern for its them with an excellent example of community community and economy. As Central Con- neighbor. However, this is compounded by the

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.034 pfrm04 PsN: E13PT1 E2090 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 1999 role that the Pakistani military played in the re- One governor noted in his testimony that hope that Taiwan will have fully recovered in cent Kargil episode which erupted this May. local schools in his state had to submit as time to celebrate their next National Day. The Indian Army discovered the infiltration of many as 170 federal reports totaling more f Pakistani regular troops and an assortment of than 700 pages during a single year. This re- ISI-sponsored Mujahideen into the northern port also noted that more than 50 percent of DR. AULAKH NAMED KHALISTAN parts of Indian Kashmir. the paperwork required by a local school is a MAN OF THE YEAR There is no doubt that the Pakistani military result of federal programs which account for 6 supported, encouraged, and participated in percent of the funding. HON. EDOLPHUS TOWNS this incursion. To allow U.S. military support to Principal Steve Hall of Muncie, Indiana who OF NEW YORK the very organization that prompted this action administers Federal funds for schools in my IN THE HOUSE OF REPRESENTATIVES would send the signal that the U.S. supports home town recently told me, ``We still rec- Wednesday, October 13, 1999 such action. Late today, I received a commu- ommend and request a reduction in grant Mr. TOWNS. Mr. Speaker, I was pleased to nication from India's Prime Minister A.B. preparation and paperwork for the Title I pro- note that the annual convention of the Council Vajpayee, expressing his government's con- gram for our school district. If this preparation of Khalistan named Dr. Gurmit Singh Aulakh, cern over the repeal of the Pressler amend- was reduced, we could spend more time for President of the Council of Khalistan, as ment. Mr. Vaypayee's statement echoes my planning and preparing to work with high- Khalistan Man of the Year. concern over the signal that this action will needs students, and the more time with stu- Dr. Aulakh is well known to us here on Cap- send to Pakistan, endorsement of the action in dents means more educational success for itol Hill. He has been a tireless advocate for Kargil. our students.'' freedom for the Sikhs. He has consistently I encourage my colleagues to carefully con- Directing money away from paperwork and worked to expose the brutal human-rights vio- sider the ramifications of repealing this provi- toward students has become a high priority for lations committed against the Sikhs by the In- sion at this time and the potential that it has me during the reauthorization of the Elemen- dian government. He has worked with us here to seriously damage our relationship with a tary and Secondary Education Act. I am a in Congress to preserve the true history of the long-standing friend, India. proud co-sponsor of this resolution because I Sikhs which the Indian government is trying to f believe it should serve as a guide for every alter. piece of education legislation we write this SENSE OF THE HOUSE URGING 95 Dr. Aulakh has also worked for the rights of Congress. Sikhs in this country. He provided information PERCENT OF FEDERAL EDU- The resolution clearly spells out our edu- to support asylum requests. He has supported CATION DOLLARS BE SPENT IN cation priorities and draws a clear distinction Charan Singh Kalsi, the Sikhs who was fired THE CLASSROOM between our vision and that of our opponents. by the New York Transit Authority because he We believe local educators are the best peo- SPEECH OF refused to remove his turban for a hard hat. ple to make resource allocation decisions He is actively working to get the authorities in about students, not Washington bureaucrats. HON. DAVID M. McINTOSH Mentor, OH, outside Cleveland, to drop con- OF INDIANA Educators understand their students' back- cealed weapons charges against Gurbachan ground and needs and can respond directly to IN THE HOUSE OF REPRESENTATIVES Singh Bhatia for carrying his kirpan, a ceremo- them. We trust parents and teachers to use Tuesday, October 12, 1999 nial sword required by the Sikh religion. the money to best meet the unique needs of Mr. MCINTOSH. Mr. Speaker, I rise today in For all of these reasons and more, Dr. children in their care. Aulakh deserves the support of all Sikhs and support of House Resolution 303 expressing This resolution raises the bar urging nothing richly deserves the title of Khalistan Man of the sense of the House of Representatives less than 95 percent of funds go to children. the Year. that 95 percent of Federal education dollars We must prioritize the way we spend our edu- be spent in the classroom. Currently as few as I submit the resolution designating Dr. cation dollars, and put children first. It is that Aulakh Khalistan Man of the Year into the 65 cents of every Federal education dollar is simple. It is the standard I intend to use while RECORD for the information of my colleagues. reaching the place where it can do the most in Congress and throughout my career in pub- good. In some places across the country, the lic service. I urge my colleagues to support RESOLUTION DESIGNATING DR. AULAKH KHALISTAN’S MAN OF THE YEAR FOR 1999 discrepancy is even greater. Consumed by the this resolution and use its principles to guide bureaucracy and special interests, funds are their efforts in reforming education. PASSED AT THE CONVENTION OF THE COUNCIL OF KHALISTAN, OCTOBER 9–10, 1999, RICHMOND not reaching the people for whom they are f meantÐthe children. HILL, NY During the 105th Congress, the Education CONGRATULATING TAIWAN ON ITS Whereas the struggle for a free Khalistan Subcommittee on Oversight and Reform in- NATIONAL DAY is the most important issue facing the Sikh Nation; vestigated the trail of Federal dollars from the Whereas Dr. Gurmit Singh Aulakh and the taxpayer's pocket book through the govern- HON. LINDSEY O. GRAHAM Council of Khalistan have been working tire- ment money mill and back to the schoolhouse. OF SOUTH CAROLINA lessly for this goal for eleven years; Whereas Dr. Aulakh has been very success- In the course their investigations, they discov- IN THE HOUSE OF REPRESENTATIVES ered quite a few leaks in the system. Tax- ful in internationalizing the Sikh freedom payer money is lost at each level on bureauc- Wednesday, October 13, 1999 struggle, in bringing the genocide against racy, paperwork, and other nonclassroom-cen- Mr. GRAHAM. Mr. Speaker, I rise today to the Sikhs and other minorities to the atten- tion of Congress and the media, in giving tered activities. congratulate Taiwan on its National Day. I speeches, raising funds, and otherwise cre- Every year, millions of dollars, hours of wish to extend my condolences to the people ating a political and social climate that work, and talent are lost on paperwork. Using of Taiwan who have lost loved ones during brings Sikh freedom closer to fulfillment; resources which should be spent in the class- Taiwan's most recent earthquakes, and I pray Therefore be it resolved by the delegates of room on children, paperwork places a burden that Taiwan will soon return to normalcy. The this convention: on teachers and local administrators taking Taiwanese government has been trying its That Dr. Gurmit Singh Aulakh, President them away from the most important work they very best to help all victims and their families of the Council of Khalistan, is hereby des- ignated as Khalistan’s Man of the Year for perform. with financial and psychological assistance 1999. According to the Education at a Crossroads whenever and wherever it is needed. I am f Report released last year by the Education pleased to learn that they have received so Subcommittee on Oversight and Investigations much international assistance from around the WORLD SHOULD SUPPORT SIKH the U.S. Department of Education requires world as they begin to rebuild. The people of FREEDOM over 48.6 million hours' worth of paperwork the United States have been so generous with per yearÐor the equivalent of 25,000 employ- their donations of time and materials in an ef- HON. JOHN T. DOOLITTLE ees working full-time. Without fully accounting fort to help Taiwan cope with the devastation OF CALIFORNIA for all the attachments and supplemental sub- of the quake. IN THE HOUSE OF REPRESENTATIVES missions required with each application, the The silver lining of this latest tragedy is that Committee counted more than 20,000 pages is proves Taiwan is not alone in the world. Wednesday, October 13, 1999 of applications states must fill out to receive Taiwan has many friends here and around the Mr. DOOLITTLE. Mr. Speaker, when I federal education funds each year. world who stand willing and ready to help. We picked up my Washington Times on October

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A13OC8.037 pfrm04 PsN: E13PT1 October 13, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2091 7, I was pleased to see a letter from Dr. In the June 17, 1994, issue of Strategic In- 10 a.m. Gurmit Singh Aulakh, whom many of us know vestment, Jack Wheeler of the Freedom Re- Energy and Natural Resources well. search Foundation predicted that within 10 Forests and Public Land Management Sub- Dr. Aulakh, who is the President of the years, India ‘‘will cease to exist as we know committee [it].’’ Stanley Wolpert, a professor at the To hold hearings on S. 1608, to provide Council of Khalistan, wrote about the Sikh University of California in Los Angeles who annual payments to the States and independence struggle. He noted that Sikhs wrote a biography on the late Indian Prime counties from National Forest System are ``culturally, religiously, and linguistically Minister Jawaharlal Nehru, predicted on lands managed by the Forest Service, distinct from Hindu India'' and that they ruled CNN that both India and Pakistan will soon and the revested Oregon and California Punjab independently for many years before break up. Railroad and reconveyed Coos Bay the British conquered the subcontinent. Sikhs oppose tyranny wherever it rears its Wagon Road grant lands managed pre- Dr. Aulakh's letter asked why India, which head. Consequently, we support freedom for dominately by the Bureau of Land prides itself on being democratic, doesn't hold the people of Kashmir, Nagaland and other Management, for use by the counties in a plebiscite in Punjab, Khalistan on the ques- countries seeking their freedom. which the lands are situated for the benefit of the public schools, roads, tion of independence. That is the democratic The world helped East Timor achieve its freedom. The world helped Kosovo achieve emergency and other public purposes; way to do things. But India appears to care its freedom. It is time for the free nations of to encourage and provide new mecha- more about achieving hegemony in South Asia the world to cut off aid to India and support nism for cooperation between counties than it does about the democratic principles it an internationally supervised plebiscite to and the Forest Service and the Bureau proclaims. help the people of Khalistan, Kashmir, of Land Management to make nec- It is interesting that this letter ran on the Nagaland and all nations of South Asia to essary investments in federal lands, 12th anniversary of the day the Sikh nation achieve their freedom. and reaffirm the positive connection declared the independence of the Sikh home- between Federal Lands counties and land, Punjab, naming their new country Federal Lands; and for other purposes. SENATE COMMITTEE MEETINGS SD–366 Khalistan. Judiciary The recent elections in India underline the Title IV of Senate Resolution 4, agreed to by the Senate on February 4, Antitrust, Business Rights, and Competi- instability of India's multiethnic state. India has tion Subcommittee 18 official languages and Christians, Sikhs, 1977, calls for establishment of a sys- To hold hearings on issues relating to Muslims, and others suffer from religious per- tem for a computerized schedule of all the MCIWorldcom/Sprint merger. secution. Many experts predict that India will meetings and hearings of Senate com- SD–226 soon break up. mittees, subcommittees, joint commit- Environment and Public Works America and the world should support the tees, and committees of conference. Fisheries, Wildlife, and Drinking Water freedom movements in Khalistan, Kashmir, This title requires all such committees Subcommittee Nagaland, Assam, and the other nations seek- to notify the Office of the Senate Daily To hold hearings to examine the benefits and policy concerns related to habitat ing their freedom from India. We should cut Digest—designated by the Rules com- mittee—of the time, place, and purpose conservation plans. American aid to India until it learns to respect SD–406 human rights and we should work for an inter- of the meetings, when scheduled, and 10:30 a.m. nationally-supervised plebiscite in Punjab, any cancellations or changes in the Governmental Affairs Khalistan, in Kashmir, in Nagaland, and in all meetings as they occur. To hold hearings on S. 1378 and H.R. 391, the other areas seeking independence, on the As an additional procedure along bills to amend chapter 35 of title 44, question of their future political status. with the computerization of this infor- United States Code, for the purposes of Mr. Speaker, I insert Dr. Aulakh's letter into mation, the Office of the Senate Daily facilitating compliance by small busi- nesses with certain Federal paperwork the RECORD. I hope that my colleagues will Digest will prepare this information for printing in the Extensions of Remarks requirements, to establish a task force read it. to examine the feasibility of stream- [From the Washington Times, Oct. 7, 1999] section of the CONGRESSIONAL RECORD lining paperwork requirements applica- on Monday and Wednesday of each SIKH INDEPENDENCE DESERVES ble to small businesses. INTERNATIONAL SUPPORT week. SD–628 2 p.m. (By Gurmit Singh Aulakh) Meetings scheduled for Thursday, Oc- tober 14, 1999 may be found in the Daily Energy and Natural Resources We appreciate Arnold Beichman’s mention Digest of today’s RECORD. Governmental Affairs of the Sikh struggle for an independent To hold joint oversight hearings on the Khalistan (‘‘Crossing the mini-state fron- implementation of provisions of the tier,’’ Commentary, Sept. 23). Sikhs are cul- MEETINGS SCHEDULED Department of Defense Authorization turally, linguistically and religiously dis- Act which create the National Nuclear tinct from Hindu India, and we have a his- OCTOBER 15 Security Administration. tory of self-rule in Punjab. Sikhs are a sepa- 9 a.m. SH–216 rate nation. 2:30 p.m. Sikhs drove foreign invaders out of the Governmental Affairs Energy and Natural Resources subcontinent in the 18th century. Banda Oversight of Government Management, Re- National Parks, Historic Preservation, and Singh Bahadar established Khalsa rule in structuring and the District of Colum- Recreation Subcommittee Punjab in 1710. The Sikh rule lasted until bia Subcommittee To hold hearings on S. 1365, to amend the 1716. Sikh rule was re-established in 1765, To hold hearings to examine quality National Preservation Act of 1966 to lasting until the British conquest of 1849. management at the Federal level. extend the authorization for the His- Sikh rule extended to Kabul and was consid- SD–628 toric Preservation Fund and the Advi- ered one of the powers in South Asia. Since 10:30 a.m. sory Council on Historic Preservation; then, the Sikh nation has been struggling to Foreign Relations S. 1434, to amend the National Historic regain its sovereignty. To hold hearings on the nomination of No Sikh has ever signed the Indian con- Donald Stuart Hays, of Virginia, to be Preservation Act to reauthorize that stitution. On Oct. 7, 1987, the Sikh nation de- Representative to the United Nations Act; and H.R. 834, to extend the author- clared its independence, forming the sepa- for U.N. Management and Reform, with ization for the National Historic Pres- rate nation of Khalistan. Our effort to lib- the rank of Ambassador; and the nomi- ervation Fund. erate Khalistan is peaceful, democratic and nation of James B. Cunningham, of SD–366 nonviolent, but our declaration of independ- Pennsylvania, to be Deputy Represent- ence is irrevocable and nonnegotiable. ative to the United Nations, with the OCTOBER 20 India claims that the struggle for inde- rank and status of Ambassador. 9:30 a.m. pendence is over. If that is the case, why SD–419 Commerce, Science, and Transportation doesn’t ‘‘the world’s largest democracy’’ hold To hold hearings to examine the use of a plebiscite in Punjab to decide the question OCTOBER 19 performance enhancing drugs in Olym- of independence the democratic way? 9:30 a.m. pic competition. India is not one country. It is an empire of Armed Services SR–253 many countries that was thrown together by To hold hearings to examine future naval Judiciary the British for their administrative conven- operations at the Atlantic Fleet Weap- To hold hearings on the Justice Depart- ience. Like the former Soviet Union, it is ons Training Facility. ment’s role and the FALN. destined to fall apart. SD–106 SD–226

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A13OC8.041 pfrm04 PsN: E13PT1 E2092 CONGRESSIONAL RECORD — Extensions of Remarks October 13, 1999 Indian Affairs terior to convey certain parcels of land OCTOBER 27 To hold oversight hearings on the imple- acquired for the Blunt Reservoir and 9:30 a.m. mentation of the Transportation Eq- Pierre Canal features of the Oahe Irri- Indian Affairs uity Act in the 21st Century, focusing gation Project, South Dakota, to the To hold hearings on proposed legislation on Indian reservation roads; to be fol- Commission of Schools and Public authorizing funds for elementary and lowed by a business meeting on pend- Lands of the State of South Dakota for secondary education assistance, focus- ing calendar business. the purpose of mitigating lost wildlife ing on Indian educational programs; to SR–485 habitat, on the condition that the cur- be followed by a business meeting on 2 p.m. rent preferential leaseholders shall pending calendar business. Foreign Relations have an option to purchase the parcels SR–285 To hold hearings on extradition Treaty from the Commission. between the Government of the United SD–366 NOVEMBER 4 States of America and the Government OCTOBER 21 9:30 a.m. of the Republic of Korea (hereinafter Indian Affairs referred to as ‘‘the Treaty’’), signed at 9:30 a.m. To hold joint hearings with the House Washington on June 9, 1998 (Treaty Armed Services Committee on Resources on S. 1586, to To resume hearings on the lessons Doc. 106–02). reduce the fractionated ownership of learned from the military operations SD–419 Indian Lands; and S. 1315, to permit the conducted as part of Operation Allied 2:30 p.m. leasing of oil and gas rights on certain Force, and associated relief operations, Energy and Natural Resources lands held in trust for the Navajo Na- with respect to Kosovo; to be followed Water and Power Subcommittee tion or allotted to a member of the by a closed hearing (SR–222). To hold hearings on S. 1167, to amend the Navajo Nation, in any case in which SD–106 Pacific Northwest Electric Power Plan- there is consent from a specified per- Energy and Natural Resources ning and Conservation Act to provide centage interest in the parcel of land To hold oversight hearings on issues re- for expanding the scope of the Inde- under consideration for lease. lated to land withdrawals and potential pendent Scientific Review Panel; S. Room to be announced 1694, to direct the Secretary of the In- National Monument designations using terior to conduct a study on the rec- the Antiquities Act, or Federal Land Policy and Management Act. lamation and reuse of water and waste- CANCELLATIONS water in the State of Hawaii; S. 1612, to SD–366 direct the Secretary of the Interior to convey certain irrigation project prop- OCTOBER 26 OCTOBER 26 erty to certain irrigation and reclama- 2:30 p.m. 9:30 a.m. tion districts in the State of Nebraska; Armed Services Energy and Natural Resources S. 1474, providing conveyance of the Readiness and Management Support Sub- To hold hearings on S. 882, to strengthen Palmetto Bend project to the State of committee provisions in the Energy Policy Act of Texas; S. 1697, to authorize the Sec- To hold hearings on the Real Property 1992 and the Federal Nonnuclear En- retary of the Interior to refund certain Management Program and the mainte- ergy Research and Development Act of collections received pursuant to the nance of the historic homes and senior 1974 with respect to potential Climate Reclamation Reform Act of 1982; and S. offices’ quarters. Change. 1178, to direct the Secretary of the In- SR–222 SD–366

VerDate 1299 06:54 Oct 14, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\M13OC8.000 pfrm04 PsN: E13PT1 Wednesday, October 13, 1999 Daily Digest

HIGHLIGHTS Senate agreed to the conference report on Agriculture Appropriations. Senate rejected the resolution of ratification to the Comprehensive Nu- clear Test Ban Treaty. House committees ordered reported 11 sundry measures. Senate propriations for Agriculture, Rural Development, Chamber Action Food and Drug Administration, and Related Agen- Routine Proceedings, pages S12449–S12564 cies for the fiscal year ending September 30, 2000. Measures Introduced: Five bills and one resolution Pages S12449±S12504 were introduced, as follows: S. 1720–1724, and S. Treaty Rejected: By 48 yeas to 51 nays, 1 respond- Res. 202. Page S12555 ing present (Vote No. 325), two-thirds of the Sen- Measures Reported: Reports were made as follows: ators present and not having voted in the affirma- S. 492, to amend the Federal Water Pollution Act tive, the resolution of ratification to the Comprehen- to assist in the restoration of the Chesapeake Bay. (S. sive Nuclear Test-Ban Treaty, opened for signature Rept. No. 106–181) and signed by the United States at New York on S. 1632, to extend the authorization of appropria- September 24, 1996 (Treaty Doc. 105–28) was not tions for activities at Long Island Sound. (S. Rept. agreed to and the Senate does not advise and consent No. 106–182) to the ratification of the treaty. Pages S12505±50 H.R. 2724, to make technical corrections to the During today’s proceedings of the Senate, the fol- Water Resources Development Act of 1999, with an lowing action also occurred: amendment in the nature of a substitute. (S. Rept. By 55 yeas to 45 nays (Vote No. 324), Senate No. 106–183) Pages S12554±55 agreed to the motion to proceed to Executive Ses- sion. Pages S12504±05 Measures Passed: Senate insisted on Land Conveyance: Senate passed H.R. 356, to FAA Authorization—Conferees: provide for the conveyance of certain property from its amendment to H.R. 1000, to amend title 49, the United States to Stanislaus County, California, United States Code, to reauthorize programs of the Federal Aviation Administration, requested a con- clearing the measure for the President. Page S12563 ference with the House thereon, and the Chair was Recognizing Service of John E. Cook: Senate authorized to appoint the following conferees on the agreed to S. Res. 202, recognizing the distinguished part of the Senate: from the Committee on Com- service of John E. Cook of Williams, Arizona. merce, Science, and Transportation: Senators McCain, Page S12563 Stevens, Burns, Gorton, Lott, Hollings, Inouye, Campaign Finance Reform: Senate began consider- Rockefeller, and Kerry; and from the Committee on ation of S. 1593, to amend the Federal Election the Budget for the consideration of Title IX: Sen- Campaign Act of 1971 to provide bipartisan cam- ators Domenici, Grassley, Nickles, Lautenberg, and paign reform. Pages S12550±51 Conrad. Page S12563 Senate will continue consideration of the bill on Department of Defense Conference Report— Thursday, October 14, 1999. Pages S12550±51 Agreement: A unanimous-consent-time agreement Agriculture Appropriations—Conference Report: was reached providing for the consideration of the By 74 yeas to 26 nays (Vote No. 323), Senate agreed conference report on H.R. 2561, making appropria- to the conference report on H.R. 1906, making ap- tions for the Department of Defense for the fiscal

D1124 October 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1125 year ending September 30, 2000, on Thursday, Oc- the remarks of the Acting Majority Leader in today’s tober 14, 1999, with a vote on adoption to occur at Record on page S12564.) 4 p.m. Page S12550 Removal of Injunction of Secrecy: The injunction Committee Meetings of secrecy was removed from the following treaty: Food Aid Convention 1999 (Treaty Doc. No. (Committees not listed did not meet) 106–14). The treaty was transmitted to the Senate today, FLEET AND STRATEGIC LIFT OPERATIONS considered as having been read for the first time, and Committee on Armed Services: Subcommittee on referred, with accompanying papers, to the Com- SeaPower concluded hearings on the force structure mittee on Foreign Relations and was ordered to be impacts on fleet and strategic lift operations, after printed. Page S12563 receiving testimony from Vice Adm. William J. Notice of Intent: A notice of intent was submitted Fallon, USN, Commander, United States Second to amend the Standing Rules of the Senate that Fleet; Vice Adm. Daniel J. Murphy, Jr., USN, Com- would require any Senator to report credible infor- mander, United States Sixth Fleet; Maj. Gen. Charles mation of corruption to the Select Committee on H. Coolidge, Jr., USAF, Director of Operations and Ethics. Page S12552 Logistics, U.S. Transportation Command; and Maj. Messages From the President: Senate received the Gen. Emil R. Bedard, USMC, Commanding Gen- following message from the President of the United eral, II Marine Expeditionary Force. States: NATIONAL PARKS/HISTORIC A message from the President of the United States PRESERVATION/RECREATION transmitting, a report relative to telecommunications payments pursuant to Treasury Department specific Committee on Energy and Natural Resources: Sub- licenses; referred to the Committee on Foreign Rela- committee on National Parks, Historic Preservation, tions. (PM–64). Page S12552 and Recreation concluded hearings on S. 167, to ex- tend the authorization for the Upper Delaware Citi- Nominations Received: Senate received the fol- zens Advisory Council and to authorize construction lowing nominations: and operation of a visitor center for the Upper Dela- 4 Air Force nominations in the rank of general. ware Scenic and Recreational River, New York and 1 Department of Defense nomination in the rank Pennsylvania, S. 311, to authorize the Disabled Vet- of general. Page S12564 erans’ LIFE Memorial Foundation to establish a me- Messages From the President: Page S12552 morial in the District of Columbia or its environs, Messages From the House: Pages S12552±53 S. 497, to designate Great Kills Park in the Gateway National Recreation Area as ‘‘World War II Vet- Measures Referred: Page S12553 erans Park at Great Kills’’, H.R. 592, to designate Measures Placed on Calendar: Page S12553 a portion of Gateway National Recreation Area as Enrolled Bills Presented: Page S12553 ‘‘World War Veterans Park at Miller Field’’, S. 919, to amend the Quinebaug and Shetucket Rivers Val- Communications: Page S12553 ley National Heritage Corridor Act of 1994 to ex- Executive Reports of Committees: Pages S12553±54 pand the boundaries of the Corridor, H.R. 1619, to Petitions: Page S12554 amend the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 to expand Statements on Introduced Bills: Pages S12555±58 the boundaries of the Corridor, S. 1296, to designate Additional Cosponsors: Pages S12558±59 portions of the lower Delaware River and associated Amendments Submitted: Page S12559 tributaries as a component of the National Wild and Scenic Rivers System, S. 1366, to authorize the Sec- Notices of Hearings: Page S12559 retary of the Interior to construct and operate a vis- Authority for Committees: Page S12560 itor center for the Upper Delaware Scenic and Rec- Additional Statements: Pages S12560±63 reational River on land owned by New York State, and S. 1569, to amend the Wild and Scenic Rivers Record Votes: Three record votes were taken today. Act to designate segments of the Taunton River in (Total—325) Pages S12504±05, S12548 the Commonwealth of Massachusetts for study for Adjournment: Senate convened at 9:30 a.m., and potential addition to the National Wild and Scenic adjourned at 7:37 p.m., until 9:30 a.m., on Thurs- Rivers System, after receiving testimony from Denis day, October 14, 1999. (For Senate’s program, see P. Galvin, Deputy Director National Park Service, D1126 CONGRESSIONAL RECORD — DAILY DIGEST October 13, 1999 Department of the Interior; Robert A. Gaines, Com- Hearings recessed subject to call. missioner, National Capitol Planning Commission; WTO ELECTRONIC COMMERCE Arthur H. Wilson, on behalf of the Disabled Amer- ican Veterans, Lois Pope, and Jesse Brown, all of the Committee on Foreign Relations: Subcommittee on Eu- Disabled Veterans’ LIFE Memorial Foundation, Inc., ropean Affairs concluded hearings on the upcoming Washington, D.C.; William E. Douglass, Upper World Trade Organization Ministerial meeting agen- Delaware Council, Inc., Narrowsburg, New York; da, focusing on electronic commerce expansion be- Charlene Perkins Cutler, Quinebaug-Shetucket Her- tween Europe and the United States, after receiving itage Corridor, Inc., Putnam, Connecticut; and Wil- testimony from Susan G. Esserman, Deputy United liam S. Napolitano, Southeastern Regional Planning States Trade Representative; and James F. Whit- and Economic Development District, Taunton, Mas- taker, Hewlett-Packard Company, on behalf of the sachusetts. Information Technology Industry Council, Arthur B. Sackler, Time Warner, Inc., George Vradenburg, III, FEDERAL WATER POLLUTION CONTROL America Online, Inc., Eric S. Koenig, Microsoft Cor- Committee on Environment and Public Works: Com- poration, on behalf of the Business Software Alliance, mittee concluded hearings on S. 188, to amend the and Jeff Kann, Visa U.S.A., all of Washington, D.C. Federal Water Pollution Control Act to authorize the use of State revolving loan funds for construction PAIN MANAGEMENT AND END-OF-LIFE of water conservation and quality improvements, S. CARE 1706, to amend the Federal Water Pollution Control Committee on Health, Education, Labor, and Pensions: Act to exclude from stormwater regulation certain Committee concluded hearings to examine pain areas and activities, and to improve the regulation management and improving end of life care issues, and limit the liability of local governments con- S. 1272, to amend the Controlled Substances Act to cerning co-permitting and the implementation of promote pain management and palliative care with- control measures, and S. 669, to amend the Federal out permitting assisted suicide and euthanasia, and Water Pollution Control Act to ensure compliance S. 941, to amend the Public Health Service Act to by Federal facilities with pollution control require- provide for a public response to the public health ments, after receiving testimony from Senator Burns; crisis of pain, after receiving testimony from Senators J. Charles Fox, Assistant Administrator for Water, Nickles, Wyden, Mack, and Lieberman; Yank D. Environmental Protection Agency; Bruce deGrazia, Coble, Miami, Florida, on behalf of the American Assistant Deputy Under Secretary of Defense for En- Medical Association; Gerald H. Holman, Crown of vironmental Quality; Maryland Assistant Attorney Texas Hospice, Amarillo, on behalf of the National General Mary Rosewin Sweeney, Annapolis, on be- Hospice Organization; James P. Rathmell, Univer- half of the National Association of Attorneys Gen- sity of Vermont College of Medicine, Burlington, on eral; Helen Walker, Victoria County Court, Victoria, behalf of the American Society of Anesthesiologists; Texas, on behalf of the Texas Counties Storm Water and David E. Joranson, University of Wisconsin Coalition; Doug Harrison, Fresno Metropolitan Flood Comprehensive Cancer Center, Madison. Control District, Fresno, California, on behalf of the National Association of Flood and Stormwater Man- BUSINESS MEETING agement Agencies; Steve Fleischli, Santa Monica Committee on Indian Affairs: Committee ordered favor- BayKeeper, Santa Monica, California; and Jan Lee, ably reported the following bills: Oregon Water Resources Congress, Salem. S. 964, to provide for equitable compensation for FOSTER CARE SYSTEM the Cheyenne River Sioux Tribe, with an amend- ment in the nature of a substitute; and Committee on Finance: Subcommittee on Health Care S. 1508, to provide technical and legal assistance held hearings on S. 1327, to amend part E of title for tribal justice systems and members of Indian IV of the Social Security Act to provide States with tribes, with an amendment in the nature of a sub- more funding and greater flexibility in carrying out stitute. programs designed to help children make the transi- tion from foster care to self-sufficiency, receiving tes- NATIVE AMERICAN SUBSTANCE ABUSE timony from Senator Bond; Representatives Cardin, PROGRAMS DeLay, and Nancy Johnson; Sister Mary Rose Committee on Indian Affairs: Committee concluded McGready, Covenant House, New York, New York; hearings on S. 1507, to authorize the integration and Abigail English, Center for Adolescent Health and consolidation of alcohol and substance programs and the Law, Chapel Hill, North Carolina; Percy Bailey, services provided by Indian tribal governments, after Webster Groves, Missouri; and Terry Hurrak, An- receiving testimony from Kevin Gover, Assistant nandale, Virginia. Secretary of the Interior for Indian Affairs; Michel October 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1127 Lincoln, Deputy Director, Indian Health Service, De- Gershwin, National Intelligence Officer for Science partment of Health and Human Services; Raymond and Technology, Central Intelligence Agency; Mi- Daw, Na’nizhoozhi Center, Inc., Gallup, New Mex- chael J. Copps, Assistant Secretary for Trade Devel- ico; Yvette Joseph-Fox, National Indian Health opment, International Trade Administration, and Board, Denver, Colorado; and Robert L. Greene, James L. Price, Chief Economist, both of the Depart- New York, New York, on behalf of the National ment of Commerce; Nick Gogerty, International Council on Alcoholism and Drug Dependence. Monitoring, London, England; Howard A. Rubin, INTERNATIONAL Y2K ISSUES City University of New York Hunter College, Pound Special Committee on the Year 2000 Technology Problem: City, New York, on behalf of the Gap-Gemini; and Committee concluded hearings on international Year James Moody, InterAction, Washington, D.C. 2000 technology issues, focusing on security, eco- Also, committee met in closed session to receive nomic, and humanitarian implications, after receiv- a briefing on the status of United States strategic as- ing testimony from Bonnie R. Cohen, Under Sec- sets worldwide from Adm. Robert Willard, Joint retary of State for Management; Lawrence K. Staff, Department of Defense. h House of Representatives H. Res. 330, providing for consideration of H.R. Chamber Action 3064, making appropriations for the government of Bills Introduced: 9 public bills, H.R. 3063–3071; the District of Columbia and other activities charge- and 1 resolution, H. Con. Res. 197, were intro- able in whole or in part against revenues of said Dis- duced. Page H10032 trict for the fiscal year ending September 30, 2000 Reports Filed: Reports were filed today as follows: (H. Rept. 106–382). Pages H9983±H10030, H10032 H.R. 1753, to promote the research, identifica- Guest Chaplain: The prayer was offered by the tion, assessment, exploration, and development of guest Chaplain, Rabbi Ronald D. Gerson of Athens, methane hydrate resources, amended (H. Rept. Georgia. Page H9903 106–377 Pt. 1); Department of Defense Appropriations Act: The H.R. 2260, to amend the Controlled Substances House agreed to the conference report on H.R. Act to promote pain management and palliative care 2561, making appropriations for the Department of without permitting assisted suicide and euthanasia Defense for the fiscal year ending September 30, (H. Rept. 106–378 Pt. 1); 2000 by a yea and nay vote of 372 yeas to 55 nays, Conference report on H.R. 2684, making appro- Roll No. 494. Pages H9909±21 priations for the Departments of Veterans Affairs and H. Res. 326, the rule that waived points of order Housing and Urban Development, and for sundry against the conference report was agreed to by voice independent agencies, boards, commissions, corpora- vote. Pages H9907±09 tions, and offices for the fiscal year ending Sep- tember 30, 2000 (H. Rept. 106–379); Export Enhancement Act—OPIC Authorization: H. Res. 328, waiving points of order against the The House passed H.R. 1993, to reauthorize the conference report on H.R. 2684, making appropria- Overseas Private Investment Corporation and the tions for the Departments of Veterans Affairs and Trade and Development Agency by a recorded vote Housing and Urban Development, and for sundry of 357 ayes to 71 noes, Roll No. 499. Pages H9923±57 independent agencies, boards, commissions, corpora- Agreed to the committee amendment in the na- tions, and offices for the fiscal year ending Sep- ture of a substitute made in order by the rule. tember 30, 2000 (H. Rept. 106–380); Page H9956 H. Res. 329, providing for consideration of H.R. Agreed to: 2679, to amend title 49, United States Code, to es- The Terry amendment that directs OPIC to ad- tablish the National Motor Carrier Administration in dress concerns that it does not promptly dispose of the Department of Transportation, to improve the legitimate claims regarding projects that it insures safety of commercial motor vehicle operators and car- or guarantees and recognize that private parties face riers, to strengthen commercial driver’s licenses (H. financial obligations that cannot be deferred indefi- Rept. 106–381); and nitely; Pages H9930±33 D1128 CONGRESSIONAL RECORD — DAILY DIGEST October 13, 1999 The Gejdenson amendment that prohibits ap- The Clerk was authorized in the engrossment of proval of projects that may have an adverse environ- the bill to correct sections numbers, cross references, mental impact until assessments have been made punctuation, indentation, and any other technical available to the public for a 60 day comment period and conforming changes necessary to reflect the ac- and requires that OPIC meet with at least one rep- tions of the House. Page H9957 resentative of individuals who have concerns about H. Res. 327, the rule that provided for consider- the project’s environmental impact; Pages H9934±37 ation of the bill was agreed to by voice vote. The Traficant amendment, as modified, that re- Pages H9921±23 quires an annual report on countries where United States goods or services do not have market access; Celebrating One America: The House agreed to H. Con. Res. 141, celebrating One America. Pages H9951±52 The Manzullo amendment that clarifies that the Pages H9957±58 Global Diversity and Urban Export Initiative will Commerce, Justice, and State Appropriations— focus on businesses that, because of their minority Motion to Instruct: Representative Tancredo noti- ownership, may have been excluded from export fied the House of his intention to offer a motion to trade; Page H9952 instruct conferees on H.R. 2670, making appropria- The Rohrabacher amendment, as amended, that tions for the Departments of Commerce, Justice, and prohibits OPIC funding for manufacturing enter- State, the Judiciary, and related agencies for the fis- prises in foreign countries if such investments would cal year ending September 30, 2000, to agree to pro- cause a reduction in manufacturing in the United visions that (1) reduce nonessential spending in pro- States. Earlier, agreed to the Manzullo amendment grams within the Departments of Commerce, Jus- to the Rohrabacher amendment that limited the pro- tice, and State, the Judiciary, and other related agen- hibition to investments that cause a reduction in cies; (2) reduce spending on international organiza- U.S. manufacturing (agreed to by a recorded vote of tions, in particular, in order to honor the commit- 379 ayes to 49 noes, Roll No. 495); ment of the Congress to protect Social Security; and Pages H9937±42, H9953±54 (3) do not increase overall spending to a level that The Terry amendment, as amended, that requires exceeds the higher of the House bill or the Senate a GAO report that reviews claims processing by amendment. Page H9958 OPIC and includes an analysis of claims paid, set- Juvenile Justice Reform—Motion to Instruct: tled, and denied. Earlier, agreed to the Menendez Representative Jackson-Lee notified the House of her amendment to the Terry amendment that specified intention to offer a motion to instruct conferees on the GAO review of OPIC claims processing activity H.R. 1501, to provide grants to ensure increased ac- (agreed to by a recorded vote of 259 ayes to 169 countability for juvenile offenders to insist that (1) noes, Roll No. 497); Pages H9945±48, H9955 the committee of conference should immediately The Terry amendment, as amended, that requires OPIC to publish and report to Congress interven- have its first substantive meeting to offer amend- tions, by other Federal departments or agencies, with ments and motions, including gun safety amend- the intent to impede or delay the timing or settle- ments and motions, and (2) the committee of con- ment of any claim. Earlier, agreed to the Menendez ference report a conference substitute by October 20, amendment to the Terry amendment that clarifies the six month anniversary of the tragedy at Col- that the interventions requiring public disclosure are umbine High School in Littleton, Colorado, and those that intend to impede or delay (agreed to by with sufficient opportunity for both the House and a recorded vote of 253 ayes to 173 noes, Roll No. the Senate to consider gun safety legislation prior to adjournment. Page H9965 498); and Pages H9948±50, H9955±56 Rejected: Presidential Message—Payments to Cuba: Read a The Sanford amendment that sought to authorize message from the President wherein he transmitted OPIC for one year instead of four (rejected by a re- his semiannual report on payments to Cuba—re- corded vote of 104 ayes to 323 noes, Roll No. 496); ferred to the Committee on International Relations. Pages H9942±45, H9954±55 Page H9964 Withdrawn: Recess: The House recessed at 9:27 p.m. and recon- The Rohrabacher substitute amendment to the vened at 11:07 p.m. Page H9983 Gejdenson amendment was offered, but subsequently withdrawn, that sought to require that OPIC pro- Recess: The House recessed at 11:08 p.m. and re- vide all relevant environmental impact statements, convened at 11:57 p.m. Page H10030 assessments, and audits for a 60 day public comment Senate Messages: Message received from the Senate period before any project is approved. Pages H9936±37 appears on pages H9961–62. October 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1129 Amendments Ordered Printed: Amendments or- following officials of the Inter-American Foundation: dered printed pursuant to the rule appear on page Maria Otero, Chair; George A. Evans, President; and H10033. Adolfo A. Franco, Senior Vice President and General Quorum Calls—Votes: One yea and nay vote and Counsel; and a public witness. five recorded votes developed during the proceedings U.S. POLICY TOWARD KOREA of the House today and appear on pages H9920–21, Committee on International Relations: Held a hearing on H9953–54, H9954–55, H9955, H9955–56, and U.S. Policy Toward North Korea I: Perry Review. H9956–57. There were no quorum calls. Testimony was heard from Representatives Knollen- Adjournment: The House met at 10:00 a.m. and berg and Cox; and the following officials of the De- adjourned at 11:58 p.m. partment of State: William Perry, North Korea Pol- icy Advisor; and Wendy R. Sherman, Counselor. Committee Meetings Hearings continue October 15. NATIONAL MISSILE DEFENSE POLICY— VIOLATIONS OF INTELLECTUAL ANTI-BALLISTIC MISSILE TREATY PROPERTY RIGHTS Committee on Armed Services: Held a hearing on U.S. Committee on International Relations: Subcommittee on national missile defense policy and the Anti-Ballistic International Economic Policy and Trade held a Missile Treaty. Testimony was heard from Walter B. hearing on Violations of Intellectual Property Slocombe, Under Secretary, Policy, Department of Rights: How Do We Protect American Ingenuity? State; Lucas Fischer, Deputy Assistant Secretary, Testimony was heard from Raymond Kelly, Com- Strategic Affairs, Department of State; and public missioner, U.S. Customs Service, Department of the witnesses. Treasury; Richard Fisher, Deputy U.S. Trade Rep- resentative; Q. Tod Dickinson, Acting Assistant Sec- MISCELLANEOUS MEASURES retary, Acting Commissioner of Patents and Trade- Committee on Commerce: Ordered reported the fol- marks, Department of Commerce; and public wit- lowing measures: H.R. 2580, amended, Land Recy- nesses. cling Act of 1999; H.R. 2634, amended, Drug Ad- MISCELLANEOUS MEASURES diction Treatment Act of 1999; H. Res. 278, ex- pressing the sense of the House of Representatives Committee on the Judiciary: Ordered reported the fol- regarding the importance of education, early detec- lowing bills: H.R. 1801, Antitrust Technical Correc- tion and treatment, and other efforts in the fight tions Act of 1999; H.R. 3028, amended, Trademark against breast cancer; H.R. 2418, amended, Organ Cyberpiracy Prevention Act; H.R. 1714, amended, Procurement and Transplantation Network Amend- Electronic Signatures in Global and National Com- ments of 1999; and H.R. 2260, amended, Pain Re- merce Act; and H.R. 1887, amended, to amend title lief Promotion Act of 1999. 18, United States Code, to punish the depiction of animal cruelty. MISCELLANEOUS MEASURES ALASKAN MEASURES Committee on Education and the Workforce: Ordered re- ported, as amended, the following bills: H.R. 2, Stu- Committee on Resources: Held a hearing on the fol- dents Results Act; and H.R. 2300, Academic lowing bills: H.R. 2804, Alaska Federal Lands Man- Achievement for All Act (Straight A’s Act). agement Demonstration Project; and H.R. 3013, to amend the Alaska Native Claims Settlement Act to PRESIDENTIAL TRANSITION ACT allow shareholder common stock to be transferred to AMENDMENTS adopted Alaska Native children and their descend- Committee on Government Reform: Subcommittee on ants. Testimony was heard from Marilyn Heiman, Government Management, Information, and Tech- Special Assistant to the Secretary for Alaska, Depart- nology held a hearing on a measure to amend the ment of the Interior; and public witnesses. Presidential Transition Act of 1963. Testimony was MOTOR CARRIER SAFETY ACT heard from public witnesses. Committee on Rules: Granted, by voice vote, an open OVERSIGHT—INTER-AMERICAN rule waiving all points of order against H.R. 2679, FOUNDATION Motor Carrier Safety Act of 1999 and against its Committee on Government Reform: Subcommittee on consideration. The rule provides one hour of general National Security, Veterans’ Affairs and International debate to be equally divided between the chairman Relations held an oversight hearing of the Inter- and ranking minority member of the Committee on American Foundation. Testimony was heard from the Transportation and Infrastructure. The rule provides D1130 CONGRESSIONAL RECORD — DAILY DIGEST October 13, 1999 that the amendment printed in part A of the Rules FATHERS COUNT ACT Committee report shall be considered as adopted Committee on Ways and Means: Subcommittee on upon adoption of the rule, and that the bill, as Human Resources approved for full Committee ac- amended, shall be open to amendment by title. The tion the Fathers Count Act of 1999. rule provides for the consideration, before any other amendment, of the manager’s amendment printed in BRIEFING—FBI’S REEXAMINATION OF PRC part B of the Rules Committee report, which shall THEFT OF U.S. NUCLEAR SECRETS be considered as read, may amend portions of the Permanent Select Committee on Intelligence: Met in execu- bill not yet read for amendment, and shall not be tive session to hold a briefing on the FBI’s Reexam- subject to a division of the question. The rule waives ination of Matters Pertaining to the Likely PRC clause 7 of rule XVI (prohibiting non-germane Theft of U.S. Nuclear Secrets. The Committee was amendments) against the amendment printed in part briefed by departmental officials. B of the report. The rule authorizes the Chairman of the Committee of the Whole to accord priority in Joint Meetings recognition to Members who have pre-printed their amendments in the Congressional Record. The rule APPROPRIATIONS—INTERIOR allows the Chairman of the Committee of the Whole Conferees met to resolve the differences between the to postpone votes during consideration of the bill, Senate and House passed versions of H.R. 2466, and to reduce voting time to five minutes on a post- making appropriations for the Department of the In- poned question if the vote follows a fifteen minute terior and related agencies for the fiscal year ending vote. Finally, the rule provides one motion to recom- September 30, 2000, but did not complete action mit with or without instructions. thereon, and recessed subject to call. f CONFERENCE REPORT—VA, HUD AND INDEPENDENT AGENCIES NEW PUBLIC LAWS APPROPRIATIONS (For last listing of Public Laws, see DAILY DIGEST, p. D1109) Committee on Rules: Granted, by voice vote, a rule H.R. 2084, making appropriations for the Depart- waiving all points against the conference report on ment of Transportation and related agencies for the H.R. 2684, making appropriations for the Depart- fiscal year ending September 30, 2000. Signed Octo- ments of Veterans Affairs and Housing and Urban ber 9, 1999. (P.L. 106–69) Development, and for sundry independent agencies, S. 1606, to extend for 9 additional months the boards, commissions, corporations, and offices for the period for which chapter 12 of title 11, United fiscal year ending September 30, 2000, and against States Code, is reenacted. Signed October 9, 1999. its consideration. The rule provides that the con- (P.L. 106–70) ference report shall be considered as read. The rule S. 249, to provide funding for the National Cen- also provides that H. Res. 300 shall be laid on the ter for Missing and Exploited Children, to reauthor- table. Testimony was heard from Mr. Walsh. ize the Runaway and Homeless Youth Act. Signed October 12, 1999. (P.L. 106–71) DISTRICT OF COLUMBIA APPROPRIATIONS f Committee on Rules: Granted, by voice vote, a closed COMMITTEE MEETINGS FOR THURSDAY, rule waiving all points of order against consideration OCTOBER 14, 1999 of H.R. 3064, making appropriations for the govern- ment of the District of Columbia and other activities (Committee meetings are open unless otherwise indicated) chargeable in whole or in part against revenues of Senate said District for the fiscal year ending September 30, Committee on Agriculture, Nutrition, and Forestry: to hold 2000. The rule provides one hour of debate in the hearings to examine risk management crop insurance, 9 House equally divided and controlled by the chair- a.m., SR–328A. man and ranking minority member of the Com- Committee on Armed Services: to hold hearings on the les- mittee on Appropriations. Finally, the rule provides sons learned from the military operations conducted as one motion to recommit. part of Operation Allied Force, and associated relief oper- ations, with respect to Kosovo; to be followed by a closed COMMERCIAL SPACEPLANES hearing (SR–222), 9:30 a.m., SD–106. Committee on Energy and Natural Resources: to hold hear- Committee on Science: Subcommittee on Space and Aer- ings on S. 1683, to make technical changes to the Alaska onautics held a hearing on Commercial Spaceplanes. National Interest Lands Conservation Act; S. 1686, to Testimony was heard from public witnesses. provide for the conveyances of land interests to Chugach October 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1131

Alaska Corporation to fulfill the intent, purpose, and to review the USDA Civil Rights Programs and Respon- promise of the Alaska Native Claims Settlement Act; S. sibilities, 10 a.m., 1300 Longworth. 1702, to amend the Alaska Native Claims Settlement Act Committee on Commerce, Subcommittee on Oversight and to allow shareholder common stock to be transferred to Investigations, hearing on the Olympics Site Selection adopted Alaska Native children and their descendants; Process: The Need for Reform, 10 a.m., 2123 Rayburn. H.R. 2841, to amend the Revised Organic Act of the Committee on Education and the Workforce, Subcommittee Virgin Islands to provide for greater fiscal autonomy con- on Oversight and Investigations, hearing on How the sistent with other United States jurisdictions; and H.R. Quality of Grant Performance is Assessed at the U.S. De- 2368, to assist in the resettlement and relocation of the partment of Labor, 10 a.m., 2175 Rayburn. people of Bikini Atoll by amending the terms of the trust Committee on Government Reform, Subcommittee on fund established during the United States administration Criminal Justice, Drug Policy and Human Resources, of the Trust Territory of the Pacific Islands, 9:30 a.m., hearing on the National Youth Anti-Drug Media Cam- SD–366. paign, 10 a.m., 2154 Rayburn. Subcommittee on Forests and Public Land Manage- Committee on International Relations, hearing on Inter- ment, to hold hearings on S. 1218, to direct the Secretary national Child Abduction: Implementation of the Hague of the Interior to issue to the Landusky School District, Convention on Civil Aspects of International Child Ab- without consideration, a patent for the surface and min- duction, 10 a.m., 2172 Rayburn. eral estates of certain lots; S. 610, to direct the Secretary Subcommittee on Africa, to mark up the following of the Interior to convey certain land under the jurisdic- measures: H. Con. Res. 20, concerning economic, human- tion of the Bureau of Land Management in Washakie itarian, and other assistance to the northern part of Soma- County and Big Horn County, Wyoming, to the lia; and H. Con. Res. 46, urging an end of the war be- Westside Irrigation District, Wyoming; S. 1343, to di- tween Eritrea and Ethiopia and calling on the United Na- rect the Secretary of Agriculture to convey certain Na- tions Human Rights Commission and other human rights tional Forest land to Elko County, Nevada, for continued organizations to investigate human rights abuses in con- use as a cemetery; S. 408, to direct the Secretary of the nection with the Eritrean and Ethiopian conflict; and to Interior to convey a former Bureau of Land Management hold a hearing on United States-South Africa Relations: administrative site to the City of Carson City, Nevada, Present and Future, 1:30 p.m., 2200 Rayburn. for use as a senior center; S. 1629, to provide for the ex- Committee on the Judiciary, Subcommittee on the Con- change of certain land in the State of Oregon; and S. stitution, oversight hearing on the Civil Rights Division 1599, to authorize the Secretary of Agriculture to sell or of the Department of Justice regarding Charter Schools, exchange all or part of certain administrative sites and 10 a.m., 2237 Rayburn. other land in the Black Hills National Forest and to use funds derived from the sale or exchange to acquire re- Committee on Small Business, Subcommittee on Govern- placement sites and to acquire or construct administrative ment Programs and Oversight, hearing on Going Public- improvements in connection with Black Hills National The End of the Rainbow for a Small Business? 10 a.m., Forest, 2:30 p.m., SD–366. 2360 Rayburn. Committee on Environment and Public Works: Sub- Committee on Transportation and Infrastructure, Sub- committee on Clean Air, Wetlands, Private Property, and committee on Aviation, hearing on the Recent Increase in Nuclear Safety, to hold hearings on proposed legislation Air Traffic Control Delays, 9:30 a.m., 2167 Rayburn. authorizing funds for programs of the Clean Air Act, 9 Committee on Ways and Means, to mark up the Ticket a.m., SD–406. to Work and Work Incentives Improvement Act of 1999, Committee on Foreign Relations: Subcommittee on Near 1:30 p.m., 1100 Longworth. Eastern and South Asian Affairs, to hold hearings on issues related to the crisis in Pakistan, 2 p.m., SD–419. Joint Meetings Committee on Governmental Affairs: Permanent Sub- Conference: meeting of conferees on S. 900, to enhance committee on Investigations, to hold hearings to examine competition in the financial services industry by pro- the devastating impact that diabetes and its resulting viding a prudential framework for the affiliation of banks, complications have had on Americans in both human and securities firms, insurance companies, and other financial economic terms, 9:30 a.m., SD–628. service providers, 10 a.m., SC–5, Capitol. Committee on the Judiciary: business meeting to consider Conference: closed meeting of conferees on H.R. 1555, pending committee business, 10 a.m., SD–226. to authorize appropriations for fiscal year 2000 for intel- ligence and intelligence-related activities of the United House States Government, the Community Management Ac- Committee on Agriculture, Subcommittee on Department count, and the Central Intelligence Agency Retirement Operations, Oversight, Nutrition, and Forestry, hearing and Disability System, 2 p.m., S–407, Capitol. D1132 CONGRESSIONAL RECORD — DAILY DIGEST October 13, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, October 14 10 a.m., Thursday, October 14

Senate Chamber House Chamber Program for Thursday: Senate will consider the con- Program for Thursday: Consideration of the conference ference report on H.R. 2561, Department of Defense Ap- report on H.R. 2684, Departments of Veterans Affairs propriations, with a vote to occur on adoption of the con- and Housing and Urban Development, and Independent ference report at 4 p.m. Agencies Appropriations Act, 2000 Conference Report Also, Senate will continue consideration of S. 1593, Bi- (rule waiving points of order); partisan Campaign Reform Act, and any other conference Consideration of H.R. 2679, Motor Carrier Safety Act reports when available. of 1999 (open rule, one hour of general debate); and Consideration of H.R. 3064, District of Columbia Ap- propriations Act, 2000 (closed rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gekas, George W., Pa., E2084 McCollum, Bill, Fla., E2089 Gilman, Benjamin A., N.Y., E2086 McIntosh, David M., Ind., E2090 Baldacci, John Elias, Maine, E2085 Graham, Lindsey O., S.C., E2090 Meek, Carrie P., Fla., E2082 Barcia, James A., Mich., E2085 Hayes, Robin, N.C., E2079, E2081 Norton, Eleanor Holmes, D.C., E2087 Barrett, Thomas M., Wisc., E2085 Johnson, Nancy L., Conn., E2089 Ortiz, Solomon P., Tex., E2083 Bilbray, Brian P., Calif., E2084 Kanjorski, Paul E., Pa., E2083 Packard, Ron, Calif., E2079, E2081, E2082, E2083 Brady, Robert A., Pa., E2079, E2081 Kelly, Sue W., N.Y., E2089 Quinn, Jack, N.Y., E2086 Cardin, Benjamin L., Md., E2079 Kucinich, Dennis J., Ohio, E2080, E2082 Rodriguez, Ciro D., Tex., E2084 Cubin, Barbara, Wyo., E2088 Lantos, Tom, Calif., E2082 Spence, Floyd, S.C., E2081 DeGette, Diana, Colo., E2084 Lewis, Jerry, Calif., E2086 Stark, Fortney Pete, Calif., E2087 Doolittle, John T., Calif., E2090 Lowey, Nita M., N.Y., E2080 Towns, Edolphus, N.Y., E2090

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