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

Vol. 143 WASHINGTON, FRIDAY, SEPTEMBER 5, 1997 No. 116 House of Representatives The House met at 9 a.m. minute and to revise and extend his re- TERRORISM STRIKES MIDDLE The Chaplain, Rev. James David marks.) EAST Ford, D.D., offered the following pray- Mr. ARMEY. Mr. Speaker, I am ex- (Mr. LANTOS asked and was given er: cited today to join with my good friend permission to address the House for 1 We offer our thanks to You, gracious and colleague the gentleman from minute and to revise and extend his re- God, for the gifts that have touched Texas [Mr. SESSIONS] in announcing marks.) our lives. With all the opportunities the formation of the Results caucus. Mr. LANTOS. Mr. Speaker, it was and responsibilities that life presents, The Results caucus represents a bipar- just a few weeks ago that you joined we are eternally grateful that You tisan coalition of reform-minded Mem- me and every single colleague in this have breathed into us the very breath bers who share the common goal of re- body but one in denouncing Arab ter- of life and Your Spirit has nurtured us alizing a smaller, smarter, more com- rorism in Jerusalem. Here we are again throughout the years. For better and monsense government through the im- worse and in all the seasons of life we with the bodies of innocent children, plementation of the Results Act. women, and the elderly torn to bits by have looked to You for strength and Ask Americans what they want from this most recent preposterous, un- hope, for wisdom and forgiveness, and the Federal Government and they em- speakable outrage. we earnestly pray that Your blessings phasize four key points: Accountabil- will be with us wherever we are or Yasser Arafat cannot have it both ity, responsibility, simplicity, and ways. He cannot hug the leaders of the whatever we do. May Your benediction common sense. murderers and the assassins in the of healing and hope, of assurance and They want accountability. That streets of Jerusalem and pretend to faith continue in our lives now and ev- means holding Federal agencies ac- ermore. Amen. countable for achieving their mission work for peace. The time has come for him to understand that this Nation, f and holding Federal programs liable for what they promise. this Congress and the entire civilized THE JOURNAL They want responsibility. That world is expecting him to destroy the The SPEAKER. The Chair has exam- means changing the current mindset of terrorist infrastructure of the various ined the Journal of the last day’s pro- Federal bureaucrats to force them to murderers groups living under his con- ceedings and announces to the House operate more efficiently and to be trol. The upcoming visit of Secretary his approval thereof. more responsive to their customers and Albright might begin the process of Pursuant to clause 1, rule I, the Jour- the taxpayers. peace at last. But terrorism and the nal stands approved. They want simplicity. That means pretense of peacemaking cannot coex- f eliminating wasteful and redundant ist. PLEDGE OF ALLEGIANCE Federal agencies and programs to pre- f vent government from doing the same CAMPAIGN FINANCE REFORM The SPEAKER. Will the gentleman thing over and over again in a bureau- from Arizona [Mr. HAYWORTH] come cratic maze. (Mr. KINGSTON asked and was given forward and lead the House in the And they want common sense, which permission to address the House for 1 Pledge of Allegiance. means ending one size fits all govern- minute and to revise and extend his re- Mr. HAYWORTH led the Pledge of ment functions. marks.) Allegiance as follows: Mr. Speaker, a growing number of Mr. KINGSTON. Mr. Speaker, yester- I pledge allegiance to the Flag of the Americans say Washington is an im- day Democrat after Democrat cried for United States of America, and to the Repub- pediment to the achievement of the campaign finance reform. For Demo- lic for which it stands, one nation under God, crats to talk about campaign finance indivisible, with liberty and justice for all. American dream. The Results caucus reform is a little like getting mad at f plans to work diligently to ensure that the American people have a Federal the road for the transgressions of a ANNOUNCEMENT BY THE SPEAKER Government that is accountable, that drunk driver. Where have they been The SPEAKER. The Chair will enter- is responsible, that is simple and that when it comes time to talk about Bud- tain 10 one-minutes on each side. makes decisions based on common dhist temple fundraising or selling the f sense. Lincoln bedroom or Pauline If you would like more information Kanchanalak or John Huang or Charlie RESULTS ACT on the Results caucus, please visit my Trie or Eric Hotung or any of the (Mr. ARMEY asked and was given web site at armey.house.gov or feel free aforementioned people or subjects? But permission to address the House for 1 to contact my office. just in case those are not good enough,

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.

H6921 H6922 CONGRESSIONAL RECORD — HOUSE September 5, 1997 I have got some additional reading ma- from Texas and certainly I think we all whole math learning. You can imagine terial for some of you. These are good. share great concerns about campaign what that is. Just do not ask anyone I think you may have heard of these finance, especially great concerns who is educated in this manner, and I papers, the Wall Street Journal yester- about those who do not seem to be able use the term loosely, to build a bridge day, Reno Review, ‘‘That could lead to to follow existing law. Mr. Speaker, as for you or do your taxes for you. But GORE independent counsel.’’ Washing- we talk about campaign finance, let us now we have got the most incredible ton Post, September 4, ‘‘U.S. set to join together to acknowledge that one thing of all, I like to call it whole probe GORE calls.’’ Washington Times, thing should be done at the outset, to memory learning. Made fundraising ‘‘Justice looking anew at probe of have people of both parties obey exist- calls from the White House, did not GORE.’’ Even the New York Times, that ing law. But for some to come to this make the phone calls, DNC credit card, great conservative publication that it Chamber and call for campaign finance not really fundraisers, soft money, is, front page, ‘‘Inquiry on GORE fund- reform in the light of recent reports is hard money, whatever. I think we raising.’’ Lots of good reading material akin to having John Dillinger back in ought to call it whole memory. in here. I am going to leave it in the his heyday call a press conference and f House Chamber because I know some of say there ought to be tighter rules you maybe do not read or have not had against bank robbery. FUNDRAISING AND COMMUNITY time to, but I am going to encourage Mr. Speaker, the facts are clear. I OUTREACH you to do that because when it comes ask my friends on the other side to join (Mr. TRAFICANT asked and was time to talk campaign finance reform, with me for genuine campaign reform, given permission to address the House there is a lot of material right here, including the inclusion of the Pay- for 1 minute and to revise and extend and I say let us start doing it on a bi- check Protection Act so that working his remarks.) partisan basis. people will not have their wages taken Mr. TRAFICANT. Mr. Speaker, the f coercively to go to political causes White House said, ‘‘We must stop cam- with which they do not agree. paign spending abuses. Our Govern- ANNOUNCEMENT BY THE SPEAKER f ment is not for sale.’’ If that is not PRO TEMPORE enough to cause you a hernia, check CAMPAIGN FINANCE REFORM The SPEAKER pro tempore (Mr. MIL- this out. Three Buddhist nuns who LER of Florida). Members should avoid (Mrs. MALONEY of New York asked pledged a vow of poverty raised $100,000 such references to the Vice President. and was given permission to address at a fundraiser held at a temple no less, f the House for 1 minute.) now being called by the White House a Mrs. MALONEY of New York. Mr. community outreach program. I ask, CAMPAIGN FINANCE REFORM Speaker, we know the answer to the reaching out for what? (Mr. DOGGETT asked and was given question that my colleague raised. Ex- b 0915 permission to address the House for 1 isting law is not enough. We need to minute.) pass real reform. We need to pass cam- Souls? Or dollars? Mr. DOGGETT. Mr. Speaker, I have paign finance reform. Members of the The truth is, if it was not a fund- some additional reading material for other side of the aisle, they talk about raiser, why did the nuns shred all the the gentleman from Georgia and for all reforming the system. evidence? The nun answered, ‘‘Look, I of his colleagues. This is it. You can Yet the real reform, campaign fi- don’t know what made me do it. Per- read this page and you can get the full nance reform, there has not been one haps fear made me do it.’’ I would like story of what the Republican Party has single hearing on it in this Congress. to add that is about as good a cover-up done in order to accomplish reform of How can the leadership of this House in answer as anybody could give; after all, our campaign finance system right good conscience talk about packing up she could have said, the devil made me here. It is one big blank. To get up and and going home in October when they do it. suggest that there can be a bipartisan have not looked at, held a hearing, or Beam me up, Mr. Speaker, beam me discussion of this matter, as the gen- done anything about the most crucial up. tleman just disclosed, is truly out- problem confronting this country? I am I guarantee one thing. They did not rageous, because we have been denied talking about campaign finance re- shred any cash over there at that tem- any opportunity, either the Repub- form. ple, and I yield back the balance of all licans, many of whom as individuals It is rather typical. We talk about ac- this innocence. have come forward with constructive tually doing something and they pack f ideas on this, or the Democratic col- their bags and head for the hills. Some SUPPORT SCHOOL CHOICE AND leagues that I have, have been denied of my colleagues find it easier to strike EDUCATION SAVINGS ACCOUNTS any opportunity to come to this floor the gavel of adjournment rather than and debate legislative proposals to try hammer out the tough decisions here (Mr. JONES asked and was given per- to improve this system in time for 1998. in Washington. There must be a vote mission to address the House for 1 We have as I count it 13 days left in on campaign finance reform in this minute.) this month to pass any reform to ad- Congress before we go home to our dis- Mr. JONES. Mr. Speaker, children in dress the problems that the gentleman tricts. We must vote on this issue be- America are not getting the education just referred to and all of the other cor- fore we ask our constituents to vote for they deserve. In my opinion, and in the rupting influences on congressional us. opinion of many Americans throughout elections in this Nation. Yet the f this country, the situation has only Speaker of the House refuses to sched- gotten worse since the creation of the ule an opportunity for full debate on WHOLE MEMORY LEARNING Federal Department of Education. legislative proposals so that they can (Mr. CHABOT asked and was given Washington bureaucrats are a major go through the morning newspaper in- permission to address the House for 1 part of the education problem. Wash- stead of providing real reform in time minute.) ington keeps spending money on the for the 1998 elections. Mr. CHABOT. Mr. Speaker, just when schools, but the money spent, based on f I thought it could not get any worse, I results, is not improving education. now know that liberalism is possibly Taxpayer money is being wasted. CALL FOR GENUINE CAMPAIGN incapable of hitting rock bottom. The best way to support education in REFORM First, they give us whole language America is to give control to parents, (Mr. HAYWORTH asked and was learning, which means that you never not to Federal bureaucrats. With solu- given permission to address the House actually have to spell anything cor- tions like school choice and education for 1 minute and to revise and extend rectly, any guess will do, just make savings accounts, parents will play a his remarks.) sure that you feel good about yourself more active role in their children’s Mr. HAYWORTH. Mr. Speaker, I lis- when you do. Then just to push the en- education. The system, in turn, will be tened with great interest to my friend velope a little further, they give us better. September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6923 I trust parents in eastern North Caro- I support budget reform, and in fact, THOMPSON COMMITTEE CONTINU- lina to make decisions for their chil- as part of the Contract with America, ING PROBE DESPITE HAVING SO dren more than I trust bureaucrats in we included the line-item veto, which MUCH TROUBLE GETTING PEO- Washington, DC. When it comes to passed this House by a very large mar- PLE TO COOPERATE America’s public schools, control gin, to allow the President to have the (Mr. HEFLEY asked and was given should be in the hands of parents. line-item veto, as well as the 43 other permission to address the House for 1 Mr. Speaker, for the sake of the chil- Governors across the country. minute.) dren, I hope my colleagues will support Lo and behold, we have discovered a Mr. HEFLEY. Mr. Speaker, it is be- school choice and education savings ac- loophole that causes the line-item veto coming clearer with every passing day counts. to go away. that one would have to dig to China to f get to the bottom of all the campaign I am proud of the bipartisan legisla- finance scandals in this administra- IT IS TIME FOR BOB DORNAN TO tion that we passed here in this House tion. Although, come to think of it, I STOP WASTING THE TAXPAYERS’ that puts us on a solid fiscal footing guess one would actually have to go to MONEY and, in fact, balances the budget by the China to find all the shady characters (Mr. MENENDEZ asked and was year 2002. We even have a surplus. But, who fled the country to escape justice. given permission to address the House lo and behold, that loophole that we But even all the tea in China cannot for 1 minute and to revise and extend have discovered prevents us from using force foreign fundraisers to come to the his remarks.) the line-item veto despite having a $51⁄2 United States Senate and tell the Mr. MENENDEZ. Mr. Speaker, I rise trillion national debt. truth. about the House election contest in We are introducing legislation to fix While some Democratic Senators are California. this, and I would urge my colleagues to gleeful that the Thompson committee First, Bob Dornan is given unprece- support it. is having trouble getting people to co- dented subpoena power which he uses operate, those responsible Senators to harass and violate the privacy rights f who actually care about performing of law-abiding American citizens sim- their constitutional duty to find out ply because they have a Spanish sur- the truth about campaign finance THE MEN AND WOMEN OF THE name. Then those actions amount to crimes that may have been committed UNITED STATES BORDER PA- nothing short of a witch-hunt. will continue to probe this sleazy af- TROL DESERVE BETTER Now I read in yesterday’s Roll Call fair. that Bob Dornan will use his special (Mr. REYES asked and was given per- Mr. Speaker, my constituents and privileges as a former Member to take mission to address the House for 1 yours have a right to know if their his witch-hunt to the House floor. minute.) elected officials really do believe that Surely, this casts an appearance of im- they are above the law. It is time to Mr. REYES. Mr. Speaker, I rise propriety upon the House. get to the bottom of this; it is time to today in support and defense of the If this election were being challenged start digging. hard-working men and women of the by any American other than a defeated f U.S. Border Patrol. Regrettably, last Member of the House, that American night on this floor the integrity, pro- IMPROVED ACADEMIC PERFORM- could not come to the House floor to fessionalism, dedication, and the abil- ANCE ACHIEVED AS A RESULT lobby on behalf of their own interests. ity of these fine men and women was OF TESTS AND MORE RIGOROUS They would not get special subpoena attacked. STANDARDS powers, and neither should Bob Dor- nan. Mr. Speaker, it is unfortunate that (Mr. PALLONE asked and was given Bob Dornan should not use the privi- some in this institution would resort permission to address the House for 1 leges as a former Member of this House to these kinds of tactics for the sole minute.) Mr. PALLONE. Mr. Speaker, Demo- to influence his case. Mr. Speaker, purpose of political agendas and ends- crats want to raise education standards there should not be a case at all. The justify-the-means mentality that ques- across the country so that students in Republican California Secretary of tion the outstanding and dangerous every State can master the basics of State certified the election of the gen- work being done by our Border Patrol reading and math; and testing, I be- tlewoman from California, and there is agents. lieve, is an important part of that ef- no sufficient credible evidence to chal- The men and women that comprise fort to achieve national standards. lenge it. our Border Patrol represent the best In my home State of New Jersey, we It is time for Bob Dornan to stop that this country has to offer, men and have seen improved academic perform- wasting taxpayers’ money, to end this women of every description and back- ances as a result of more rigorous witch-hunt and end the influence that ground, men and women that come standards. Tests administered to all he is trying to use in this House. from every State in this country and New Jersey students have been a sig- f have dedicated themselves to the dan- nificant ingredient in my State’s ef- INTRODUCTION OF LEGISLATION gerous job of Federal law enforcement, forts to improve student achievement. TO FIX LOOPHOLE PREVENTING and while some in this people’s House Education, I believe, and I will stress USE OF LINE-ITEM VETO may not appreciate this, I do, and, Mr. this, will always be primarily a State Speaker, I speak from personal experi- and local matter, but there needs to be (Mr. UPTON asked and was given ence that spans 261⁄2 years. I know how a partnership with the Federal Govern- permission to address the House for 1 tough their job is, I know how dan- ment, and I believe the test national minute.) gerous their job is, and I know how im- standards and Federal dollars made Mr. UPTON. Mr. Speaker, I spent portant their job is because I have been available to local school districts to re- most of my August break back in my there, I have seen it and I have done it. build crumbling and overcrowded district listening to my constituents, Those who attack their integrity, schools should all be part of a national and many were pleased, in fact, when agenda to improve education. the President used for the first time their dedication, and their commit- ment are not only wrong but under- We can work together on the Federal the line-item veto. In fact, many and the State and the local level to wished that the President had had the mine the morale of a fine agency. The men and women of the U.S. Border Pa- achieve excellence in education. authority for the disaster relief bill f that we passed earlier this year, and so trol deserve better, the people of this many other bills in recent years where country expect better, and, frankly, CHEATING IN THE WHITE HOUSE so many things are tucked away in those in this institution that attack (Mr. BOB SCHAFFER of Colorado some of those bills that no one hears them know better. asked and was given permission to ad- about them until after they are en- Mr. Speaker, all of us need to support dress the House for 1 minute and to re- acted. the U.S. Border Patrol. vise and extend his remarks.) H6924 CONGRESSIONAL RECORD — HOUSE September 5, 1997 Mr. BOB SCHAFFER of Colorado. in cosponsoring legislation that ing public school system. Well, they Mr. Speaker, as America’s school- strengthens our existing laws. are going to pass a law that tells stu- children go back to the schoolhouse, I For example, what she might want to dents what they must learn. It is that wonder what they must think of their join me in doing is amending section easy. obligation to obey the rules, and when 607(a), of title XVIII to read that no From Washington, DC, the liberals the occupants of the White House feel person including but not limited to the want to set the academic agenda for no obligation to obey the rules them- President and Vice President shall every school in the Nation. They be- selves. Let us consider the Presidential raise or solicit funds from any Federal lieve that if Congress and not our campaign of 1996. It, of course, would facility including but not limited to schools or teachers tell our students not be fair if some candidates had to the Old Executive Office Building or what they must learn, the problem will obey it while others did not. the White House. disappear. The same one-size-fits-all, For example, it is very important Or maybe the gentlewoman from New Washington knows best approach that that everybody play by the same cam- York would like to join the legislation did not work for welfare is the liberal paign finance rules. Those who broke that strengthens our internal revenue savior for our public school system. the rules would be considered to have codes, those provisions that relate to And should this system fail, they have cheated by those who honored the improper campaign activities by chari- a back-up plan. They will spend bil- rules. Examples of cheating would be table institutions, to make explicit lions of taxpayer dollars to create yet taking foreign money, which besides that among the prohibitions for 501(c)3 another bloated bureaucracy to find being illegal would compromise the and (c)4 organizations from engaging in yet another way to tell us the system foreign policy decisions of the Amer- politics are included but not limited to is not working. ican government. Buddhist temples. I urge my colleagues to reject the Cheating would also include making So, Mr. Speaker, I appreciate the liberal solution and to end this non- fundraising phone calls from the White thoughts of the gentlewoman from New sense and support the Goodling amend- House. Cheating would also include York and her interest in joining with ment. Let us send the money to the making deals that require campaign us in strengthening existing laws. school and the teachers and students contributions in exchange for a meet- f where it will do some good and not to ing or in exchange for inclusion in the DEMOCRATS FIGHTING FOR the Washington bureaucrats. trade mission or for sleeping in the AMERICA’S CHILDREN f Lincoln bedroom. (Ms. DELAURO asked and was given Now of course other people use a dif- b 0930 permission to address the House for 1 ferent word to describe this kind of minute and to revise and extend her re- A SEASON FOR NONVIOLENCE cheating, it is called corruption, but marks.) (Mr. CLEMENT asked and was given every child in schools today under- Ms. DELAURO. Mr. Speaker, I rise permission to address the House for 1 stands cheating. today to remind my colleagues what minute and to revise and extend his re- f we can accomplish when we stand up marks.) BAN SOFT MONEY and fight for what we believe in. Mr. CLEMENT. Mr. Speaker, at a In the last Congress, our Republican celebration of India’s independence, I (Ms. WOOLSEY asked and was given colleagues attempted to slash the permission to address the House for 1 had the pleasure of meeting Mr. Arun school lunch program. They advocated Gandhi, the grandson of Mahatma Gan- minute.) the single biggest cuts in education in Ms. WOOLSEY. Mr. Speaker, the dhi. In a conversation which followed, the history of the United States; they American people are tired. They are Mr. Gandhi and I discussed the planned wanted to abolish the Department of tired of special interests and big money Season for Nonviolence, which will cre- Education. Democrats stood up, fought wreaking havoc on our political sys- ate greater awareness of the principle for these issues, fought for America’s tem. And Mr. Speaker, they are tired of of nonviolence for which we honor the children and won. lives of Mahatma Gandhi and Martin the Republican leadership’s continued Now our colleagues on the other side refusal to bring up campaign finance Luther King, Jr. of the aisle are attempting a new as- Coinciding with the 50th and 30th me- reform on our floor. We want to debate sault, fighting against Democratic ini- it, not stand here and complain about morial anniversaries of Gandhi’s and tiatives to improve America’s schools King’s deaths, a Season for Non- it. There are many proposals, Mr. to set national standards for our Speaker, to clean up our political sys- violence will begin on January 30, 1998, schools. with activities planned through April tem, but at the very least we should Democrats are fighting to rebuild our agree on one small step and that is to 4, 1998. It is, of course, hoped that the crumbling schools, to reduce over- seeds of nonviolence planted during ban soft money. crowding in our classrooms, and to es- Mr. Speaker, when we ban soft this time will be nurtured and fruitful tablish those national standards in long after the official ending of a sea- money we will tell the American peo- reading and mathematics. Let us make ple that in our political system the al- son. sure that students in Boston are held A Season for Nonviolence is commit- mighty dollar is not all mighty any to the same high standards as students more, and at the same time, Mr. ted to such changes as truth, respect, in Birmingham. acceptance of others, negotiation, ap- Speaker, we will tell the people of this A word of warning to our friends on country that the bucks have stopped preciation of differences, and reconcili- the other side of the aisle: Once again, ation. coming here. Democrats are going to stand up and f I encourage all of my colleagues to make the fight for America’s kids, and participate in this great movement. It STRENGTHENING EXISTING I predict that we will win. is my sincere hope that this will be one CAMPAIGN FINANCE LAWS f season without end. (Mr. BARR of Georgia asked and was REJECT THE LIBERAL SOLUTION f FOR OUR FAILING PUBLIC given permission to address the House MOTION TO ADJOURN for 1 minute.) SCHOOL SYSTEM Mr. BARR of Georgia. Mr. Speaker, (Mr. GIBBONS asked and was given Mr. MILLER of California. Mr. as part of the latest effort by the permission to address the House for 1 Speaker, I offer a motion. Democrats to defend apparent illegal minute and to revise and extend his re- The SPEAKER pro tempore. The campaign activities by the President marks.) Clerk will report the motion. and Vice President, the gentlewoman Mr. GIBBONS. Mr. Speaker, the more The Clerk read as follows: from New York a few moments ago said things change, the more they seem to Mr. MILLER of California moves that the existing law is not enough. Well, I stay the same. House do now adjourn. think she is right, existing laws are not Our liberal colleagues, we just heard, The SPEAKER pro tempore. The enough, and I would be glad to join her have come up with a solution for a fail- question is on the motion to adjourn September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6925 offered by the gentleman from Califor- Levin Pease Smith (NJ) GENERAL LEAVE Lewis (CA) Peterson (MN) Smith (OR) nia [Mr. MILLER]. Lewis (KY) Peterson (PA) Smith (TX) Mr. PORTER. Mr. Speaker, I ask The question was taken; and the Linder Petri Smith, Adam unanimous consent that all Members Speaker pro tempore announced that Lipinski Pickering Smith, Linda may have 5 legislative days in which to the noes appeared to have it. Livingston Pickett Snowbarger LoBiondo Pitts Snyder revise and extend their remarks on the Mr. MILLER of California. Mr. Lofgren Pomeroy Solomon further consideration of H.R. 2264, and Speaker, I object to the vote on the Lucas Porter Souder that I may include tabular and extra- ground that a quorum is not present Luther Portman Spence neous material. and make the point of order that a Maloney (CT) Poshard Spratt Maloney (NY) Price (NC) Stabenow The SPEAKER pro tempore. Is there quorum is not present. Manton Quinn Stearns objection to the request of the gen- The SPEAKER pro tempore. Evi- Manzullo Rahall Stenholm tleman from Illinois? dently a quorum is not present. Mascara Ramstad Stokes There was no objection. The Sergeant at Arms will notify ab- Matsui Redmond Strickland McCarthy (MO) Regula Stump sent Members. McCarthy (NY) Riggs Stupak f The vote was taken by electronic de- McCollum Riley Sununu vice, and there were—yeas 44, nays 339, McHale Rivers Talent DEPARTMENTS OF LABOR, not voting 50, as follows: McHugh Rodriguez Tanner McInnis Roemer Tauscher HEALTH AND HUMAN SERVICES, [Roll No. 366] McIntosh Rogan Tauzin AND EDUCATION, AND RELATED YEAS—44 McIntyre Rogers Taylor (MS) AGENCIES APPROPRIATIONS McKeon Rohrabacher Taylor (NC) Andrews Farr Markey McKinney Ros-Lehtinen Thomas ACT, 1998 Berry Filner McDermott Meehan Rothman Thompson The SPEAKER pro tempore. Pursu- Bishop Ford McNulty Menendez Roukema Thornberry Boswell Furse Meek Metcalf Roybal-Allard Thune ant to the order of the House of Thurs- Boyd Gejdenson Millender- Mica Royce Thurman day, July 31, 1997, and rule XXIII, the Clay Gephardt McDonald Miller (FL) Rush Tiahrt Clement Gutierrez Miller (CA) Chair declares the House in the Com- Minge Ryun Tierney mittee of the Whole House on the State Conyers Hastings (FL) Mink Mollohan Sabo Traficant Coyne Jefferson Rangel Moran (KS) Salmon Turner of the Union for the further consider- Davis (FL) Johnson, E. B. Reyes Morella Sanchez Upton ation of the bill, H.R. 2264. DeFazio Kennedy (MA) Stark Murtha Sandlin Velazquez DeLauro Klink Towns Myrick Sanford Vento b Deutsch LaFalce Walsh Nadler Sawyer Visclosky 0957 Dingell Lewis (GA) Waters Neal Saxton Wamp IN THE COMMITTEE OF THE WHOLE Eshoo Lowey Woolsey Nethercutt Scarborough Watkins NAYS—339 Neumann Schaefer, Dan Watt (NC) Accordingly the House resolved itself Ney Schaffer, Bob Watts (OK) into the Committee of the Whole House Ackerman Cramer Hall (OH) Northup Schumer Waxman on the State of the Union for the fur- Aderholt Crapo Hall (TX) Norwood Scott Weldon (FL) Allen Cummings Hamilton Nussle Sensenbrenner Wexler ther consideration of the bill (H.R. Armey Cunningham Hansen Obey Serrano Weygand 2264) making appropriations for the De- Baesler Danner Harman Olver Shadegg White partments of Labor, Health and Human Baker Davis (IL) Hastert Ortiz Shays Whitfield Services, and Education, and related Baldacci Davis (VA) Hastings (WA) Packard Sherman Wicker Ballenger DeGette Hayworth Pallone Shimkus Wise agencies for the fiscal year ending Sep- Barcia DeLay Hefley Pappas Shuster Wolf tember 30, 1998, and for other purposes, Barr Diaz-Balart Hill Pascrell Sisisky Wynn with Mr. GOODLATTE in the Chair. Barrett (NE) Dickey Hilleary Pastor Skaggs Yates The Clerk read the title of the bill. Barrett (WI) Dicks Hilliard Paul Skeen Young (FL) Bartlett Doggett Hinchey Paxon Skelton The CHAIRMAN. When the Commit- Bass Dooley Hinojosa Payne Smith (MI) tee of the Whole rose on Thursday, Becerra Doolittle Hobson NOT VOTING—50 September 4, 1997, the bill was open for Bentsen Doyle Hoekstra amendment from page 11, line 1, Berman Dreier Holden Abercrombie Dixon Owens Bilbray Duncan Hooley Archer Engel Oxley through page 25, line 8. Bilirakis Dunn Horn Bachus Foglietta Parker Are there any amendments to this Blagojevich Edwards Hostettler Barton Gonzalez Pelosi portion of the bill? Bliley Ehlers Hoyer Bateman Hefner Pombo AMENDMENT OFFERED BY MR. MCINTOSH Blumenauer Ehrlich Hulshof Bereuter Herger Pryce (OH) Blunt Emerson Hunter Bono Houghton Radanovich Mr. MCINTOSH. Mr. Chairman, I Boehlert English Hutchinson Boucher Kennedy (RI) Sanders offer an amendment. Boehner Ensign Hyde Brown (CA) Kleczka Schiff The Clerk read as follows: Bonilla Etheridge Inglis Brown (FL) LaTourette Sessions Bonior Evans Istook Cooksey Martinez Shaw Amendment offered by Mr. MCINTOSH: Borski Everett Jackson (IL) Cox McCrery Slaughter Page 13, line 8, after the first dollar Brady Ewing Jackson-Lee Crane McDade Torres amount, insert the following ‘‘(reduced by Brown (OH) Fattah (TX) Cubin McGovern Weldon (PA) $4,309,000)’’. Bryant Fawell Jenkins Deal Moakley Weller Page 68, line 17, after the first dollar Bunning Fazio John Delahunt Moran (VA) Young (AK) Burr Flake Johnson (CT) amount, insert the following: ‘‘(increased by Dellums Oberstar $4,309,000)’’. Burton Foley Johnson (WI) b Buyer Forbes Johnson, Sam 0954 PARLIAMENTARY INQUIRY Callahan Fowler Jones Mr. HORN and Mr. PACKARD Calvert Fox Kanjorski Mr. RIGGS. Mr. Chairman, par- Camp Frank (MA) Kaptur changed their vote from ‘‘yea’’ to liamentary inquiry. Campbell Franks (NJ) Kasich ‘‘nay.’’ The CHAIRMAN. The gentleman will Canady Frelinghuysen Kelly So the motion to adjourn was re- state it. Cannon Frost Kennelly jected. Mr. RIGGS. Mr. Chairman, I am sim- Capps Gallegly Kildee The result of the vote was announced Cardin Ganske Kilpatrick ply trying to ascertain where we are Carson Gekas Kim as above recorded. now with respect to deliberations on Castle Gibbons Kind (WI) f the Labor-HHS-Education appropria- Chabot Gilchrest King (NY) Chambliss Gillmor Kingston REMOVAL OF NAME OF MEMBER tions bill. It is my understanding that Chenoweth Gilman Klug AS COSPONSOR OF H.R. 674 when the Committee rose last night, Christensen Goode Knollenberg Mr. CAMP. Mr. Speaker, I ask unani- we were at the end of title I, and that Clayton Goodlatte Kolbe title I could be reopened for the pur- Clyburn Goodling Kucinich mous consent to have my name re- Coble Gordon LaHood moved as a cosponsor of H.R. 674. poses of an amendment. Coburn Goss Lampson The SPEAKER pro tempore (Mr. MIL- I have an amendment pending to title Collins Graham Lantos LER of Florida). Is there objection to I, but want to give preference to the Combest Granger Largent amendment of the gentleman from In- Condit Green Latham the request of the gentleman from Cook Greenwood Lazio Michigan? diana [Mr. MCINTOSH]. I would like to Costello Gutknecht Leach There was no objection. confirm my understanding. H6926 CONGRESSIONAL RECORD — HOUSE September 5, 1997 The CHAIRMAN. The bill is open for mainstream classroom in our school ment last night. And the source that amendment from page 11, line 1, systems. Oftentimes, this requires spe- the gentleman chooses to target in through page 25, line 8, of title I. cial personnel at the school to be able order to move that money is, I think, Mr. RIGGS. Further parliamentary to help those students learn and have especially outrageous. inquiry, Mr. Chairman. an opportunity to progress as far as Mr. Chairman, the gentleman from Again, I am just trying to confirm, they are able. Indiana [Mr. MCINTOSH] would remove then, that my amendment which I in- Mr. Chairman, this will also allow that money from the wage and hour en- tended to offer at the end of title I the schools to pay, frankly, for some of forcement division of the Department would be in order after that of the gen- the costs of this program in terms of of Labor. That is the agency that is tleman from Indiana [Mr. MCINTOSH]. consultation with parents so that they supposed to enforce the minimum The CHAIRMAN. The Chair will can be included in the crafting of the wage. That is the agency that is sup- make that determination when the educational program for their students posed to enforce the Medical and Fam- amendment is offered, but that portion and compliance with the paperwork ily Leave Act. That is the agency of title I is still open. which requires schools to document which is charged with seeing to it that b 1000 what their programs are for these stu- workers are not asked to work under dents who are disabled. slave labor conditions. Mr. OBEY. Mr. Chairman, I reserve a Mr. Chairman, I visited several We have just seen some of those sto- point of order against the gentleman’s schools in my district at the end of Au- ries in newspapers in disgraceful inci- amendment. gust and repeatedly those school pro- dents around the country, and this The CHAIRMAN (Mr. GOODLATTE). grams pointed out to me what they are amendment would further cripple the The gentleman from Wisconsin [Mr. trying to do to comply with this Indi- ability of the Department of Labor to OBEY] reserves a point of order against viduals With Disabilities Education deal with those issues. the amendment. Act that we have promulgated here in The Wage and Hour Division is sup- Mr. McINTOSH. Mr. Chairman, the Washington. They are struggling to do posed to enforce the Migrant and Sea- purpose of this amendment is to make what is right by those people who are sonal Agricultural Workers Act. It is a transfer of funds from the wage and less fortunate. But time and time supposed to enforce the immigration hour enforcement provisions in the bill again, they pointed out how it was tak- acts so that employers do not illegally and transfer those funds to fund the ing resources away from other students employ noncitizens in this country. It IDEA program, which is the Individ- in their schools who desperately needed is supposed to see to it that employers uals With Disabilities Education Act. to be taught the basics: reading, writ- comply with employment eligibility This amendment would essentially ing, and arithmetic. Those schools verification requirements under the level-fund the Wage and Hour Enforce- needed that additional funding. Immigration Act. ment Bureau. As we talked about last We have a program already author- Now, Mr. Chairman, this program, it night, there are many of us who have ized; it is terribly underfunded. If my seems to me, is grossly underfunded as grave misgivings about the funding pri- memory serves me correctly, we only it is. Are we really about to say that orities in this bill. We understand that provide about a quarter of the funds this country does a good enough job in there is a budget agreement in which that are needed to fulfill that. This protecting workers on overtime issues, we have agreed with the President and amendment will not in any way fully on minimum wage, or on slave labor Members of the other party. However, fund those requirements, but it will conditions? I do not think we do. Mr. Chairman, we think it is very im- provide $4.3 million additional for that We can look at every major urban portant to have this fundamental de- purpose. newspaper in the country virtually bate about these spending priorities Mr. Chairman, I think this fits into every week and find another instance within this bill, and we think that it is the overall goal that we talked about where we have had people employed in important that all of the Members of last night of redirecting priorities deplorable conditions, and yet the gen- the House understand the decisions within this bill, rather than funding an tleman says that we ought to take $4 that are being made within the context enforcement agency at the Department million away from the agency charged of a balanced budget agreement. of Labor that is oftentimes perceived with seeing to it that we treat Amer- This amendment will make a deci- as being heavy-handed and arbitrary in ican workers like Americans. sion, if it is accepted, to level-fund the our workplaces. We would take those Mr. Chairman, I think that there is Wage and Hour Enforcement Division funds and provide much critically something fundamentally wrong with at the Department of Labor. Our view needed assistance to local schools who that approach. I cannot believe that is that that entity at the Department are attempting to provide an edu- this Congress would support that, and I has sufficient funding from last year’s cational opportunity for disabled would respectfully urge the rejection of appropriation bill to carry out its mis- Americans who are attending those the amendment. sion, and does not need a $4.3 million schools. Mr. PORTER. Mr. Chairman, I move increase. Mr. Chairman, I submit this amend- to strike the last word. Mr. Chairman, however, IDEA is a ment and would urge my colleagues to Mr. Chairman, I want the gentleman bill that we recently amended in this vote ‘‘yes’’ in this redirection of fund- from Indiana [Mr. MCINTOSH] to under- Congress that provides educational op- ing. stand what we have done in the bill portunities for those individuals who The CHAIRMAN. Does the gentleman with respect to the salary and expense are disabled, but still may participate from Wisconsin [Mr. OBEY] insist on his accounts. That is, generally, we have in educational programs in our school point of order? provided about a 2-percent increase in system. The Federal Government Mr. OBEY. Mr. Chairman, I withdraw S&E accounts, and this account is 2.8 places enormous mandates on local my reservation of a point of order, and percent, both figures are below the rate school systems under this provision. It I rise in opposition to the amendment. of increase in the spending in the bill is noble in its cause in terms of creat- The CHAIRMAN. The reservation of overall. ing opportunity for those who are less a point of order is withdrawn. The President has announced that fortunate. But, unfortunately as so Mr. OBEY. Mr. Chairman, I would salary increases will be 3.8 percent for often happens in Washington, we point out that this is one of those 1998. That increase means that in all of passed the mandate, we passed the amendments that will determine the salary and expense accounts in the noble bill, we passed the strings, but whether or not this Congress really bill there will be a need to either cut we do not provide the funding. cares about the conditions under which expenses or have fewer employees, My amendment, Mr. Chairman, Americans are expected to work. probably mostly through attrition, to would be a modest effort to redirect Mr. Chairman, the gentleman is ask- meet those requirements. some additional funds to local schools ing us to add $4.3 million to an account In other words, the level of increase so that they could fund programs such that already has a $338 million in- that we have given in this account is as inclusion of those students who do crease. We already added $25 million to below the rate of increase in salaries in have mild learning disabilities into the that account in the Goodling amend- the Federal Government generally, and September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6927 that will mean fewer workers will re- ment eligibility standards by the INS. anticipated were avoided because of main in the Federal work force. That This is essentially a lot of paperwork the strong economy. What we now see would apply in this account as well. where they require Americans to in the workplace is that the market Now, Mr. Chairman, what the gen- produce an ID or indication that they has in fact raised the minimum wage tleman from Indiana is offering is an are a U.S. citizen before they can ob- for most employees above the statu- amendment that would raise the spend- tain a job. tory minimum wage. And so those op- ing for the special ed. account by $4 My view is that ultimately most em- portunities are there. million on a base of $4.3 billion, or ployers will comply with that, but that But that same effect means that we about one-tenth of 1 percent. Let me there are some actual abuses of that do not have to increase spending here suggest to the gentleman that last program itself that are occurring in Washington on a bureaucracy to year we raised spending in this account where people are being discriminated oversee the implementation of that by $790 million and this year we raised against because of their background as regulatory program, one which I do be- it in the bill by an additional $312 mil- a Latino-American or other ethnic her- lieve continues in some areas of the lion, and last night we raised it by an itage, they are seeing this provision country to harm people like Don additional $25 million as a result of the used against them to harass them as Baisch who need an opportunity as we Goodling amendment. So, we now have they seek job opportunities. So I do not are moving away from welfare and raised spending in this account, just in think we should increase funding to back to work. the last 2 fiscal years, to this point at support that type of harassment in the For that reason, I am very com- least by over $1 billion. work force. fortable with saying, let us just fund it The gentleman’s amendment would The second one was the Family at last year’s level. Some Members will be an increase from the present level of Leave Act. As I talked to employers all say that is a cut, but I refer to that as spending by an insignificantly small over the country and particularly in a Washington cut and would urge my amount, $4 million. Now, every amount my district in Indiana in August, they colleagues to reject that notion. Mr. COBURN. Mr. Chairman, I move is important. I certainly agree with have told me they have enormous prob- to strike the requisite number of that. But given the overall funding, it lems complying with this, but are mak- ing a very good-faith effort to provide words. is not as if we are not paying attention I want to stand in support of this the new Federal job benefit of family to our responsibilities to increase amendment, but more importantly, I leave for those employees who need to spending for IDEA. We very much are. want to ask about the premises, the be with a family member because of an We put it at a very, very high priority. premise under which we are going to illness, because of a death, because of a And while it makes for a good decide that we cannot become more ef- birth of a child. amendment, I suppose, in terms of ap- ficient in Washington. The fact is with The complications arise from the peal to cut Wage and Hour Enforce- the wage increase that President Clin- need to provide a constant work force ment and put the money in special ed., ton has put through that the Wage and in a very competitive marketplace or, I think Members should know that we Hour Division of the Department of in some cases, a fluctuating work have done a yeoman’s job of putting re- Labor, the assumption is that they will force. When they have a new order that sources into special ed. and taking the have to lay off people rather than to burden off of local school districts’ tax is received, they have to be able to achieve an efficiency to become more revenues in a major way and that this count on their employees coming in proficient or to figure out a way to get amendment is going to make virtually and filling that order or they see that the same job done with less dollars or no difference in that effort. It will it is lost to competitors in Japan, more dollars that would go to employ- make substantial cuts in the wage and China, Europe, and other countries. ees with less dollars in other areas. hour enforcement. I do not think those employers need Having spent about 3 weeks this past Mr. Chairman, I think the Members an additional burden of a bureaucratic year in different Government offices ought to be able to see in perspective oversight of their efforts to comply and Government agencies, and looking that this does very little for the matter with this act. at how those problems are broached, I where the gentleman moves the money, The third area was the minimum find two very different areas. I went but would cut even below what we have wage. We had a debate in the last Con- through the VA regional office in provided, which is already in the na- gress about whether to raise the mini- Muskogee, OK, which has led the Na- ture of a cut, in the Wage and Hour En- mum wage. I thought it was a mistake tion multiple times now in terms of ef- forcement Division. because it would harm people who were ficiency because they team-work, they not able to get jobs that frankly would b 1015 have gone to innovative structures. not be available at that higher rate. Their costs are down. Their costs per Mr. MCINTOSH. Mr. Chairman, I ask They are what I call the victims of the claim are down. Their costs for han- unanimous consent to strike the last minimum wage. dling the case are down. word. Let me mention one, Don Baisch, They have led because they decided The CHAIRMAN. Is there objection who is a manager at a Burger King out that they were not going to be behind to the request of the gentleman from in California. He came and testified at and just do what Congress said. They Indiana? my subcommittee hearing on the ques- were going to try to be more efficient There was no objection. tion of minimum wage. He told me with the American dollar. Mr. MCINTOSH. Mr. Chairman, let about how he had been on welfare a few Then I have gone to the VA hospital me address some of the points that years ago and until he had an oppor- and had my staff study the VA hospital have been raised about this amend- tunity to sign up for a job at Burger and the opposite thing has happened. ment. First, let me say very clearly King, he did not have hope in his life. In fact, we spend more money because that the philosophy behind this amend- He had one daughter, the mother of more money was made available, not ment is to take funds away from the that daughter was not there to help because we were efficient. Washington bureaucracy and make raise the child, and he made a choice to So the question I would ask is, Is it them available to our local schools so get that job at the then minimum wrong to try to send money to the that they can implement a program wage. local school districts to handle a pro- that we all think is a noble and worthy He worked his way up. He is now a gram that we have mandated on them; cause of helping to provide education manager at one of the restaurants, and and if, in fact, we are spending $1 bil- for disadvantaged, disabled American he told us how he wanted to be able to lion to support the IDEA program, my students. say, yes, raise the minimum wage for question is, that is not near enough to There are three examples of the type American workers, but he begged us the mandates that we are putting out of regulatory oversight that are being not to forget people like him who may there. And Chairman GOODLING said funded currently in the wage and hour not have an opportunity as those jobs last night on this floor that that was administration that my colleague, the are no longer available. not enough money. He was dis- gentleman from Wisconsin [Mr. OBEY], Congress passed that increase. appointed that he could only ask for has mentioned. One was the employ- Frankly, the adverse effects that we $25 million more. H6928 CONGRESSIONAL RECORD — HOUSE September 5, 1997 That is not enough money to care for Mr. PORTER. I yield to the gen- board bureaucrats, because every dol- this. We are mandating things must be tleman from Oklahoma. lar that would be sent back home to done even though, in a reform fashion Mr. COBURN. Mr. Chairman, the im- fund IDEA is not going to more bureau- on IDEA, but we are still not sending plication is not punishment. The impli- crats, it is going to the children, the the dollars there to accomplish it. cation is how do we drive efficiency children that are the beneficiaries of So, yes, this is a small amount. It within the bureaucracy of our Govern- IDEA, the children that suffer with does accomplish two things that I ment. these incredible handicaps, the chil- would like to see: It drives efficiency Necessity is the mother of invention, dren whose handicaps and disabilities and the bureaucracy in Washington and if in fact there is less money, we are so overwhelming that this House and mandates it. There is less money will drive invention to get the job done voted 432 to 3 in order to pass a pro- for you to get the job done. Think in a more efficient way. We have done gram like that, it is the children. about innovation, do it in a different that throughout our entire history as a And the services that are given to way. country. I agree with the gentleman, the children at the local level, they are And second, it does send money to there are a lot of bureaucracies in the the ones to whom we must look and the local school district so that they State of Oklahoma within the Edu- say and ask this question on the can meet the mandate that we have cation Department of the State of McIntosh amendment: Who is more placed on them even though, well-in- Oklahoma. But where do we start worthy of receiving Federal dollars, tentioned, that costs them far more drawing that line? Oklahoma should the children with the disabilities or in- than we ever send; that would come clean up its bureaucracies. But we creasing the bureaucratic account to close to providing for the cost associ- should not clean up bureaucracies in which the gentleman from Indiana [Mr. ated even with a revised IDEA. Washington because Oklahoma has MCINTOSH] has addressed his amend- I would support this amendment. I failed to do it? I am not saying they ment? That is the issue. would ask the gentleman about his have, but should they have failed to do Mr. PORTER. Mr. Chairman, will the points of order. it, that should not limit what we do. gentleman yield? Can I ask the gentleman from Wis- Mr. PORTER. Reclaiming my time, Mr. MANZULLO. I yield to the gen- consin [Mr. OBEY] what the point of Mr. Chairman, as I explained earlier, tleman from Illinois. order that he would raise on this we have made a very direct assault on Mr. PORTER. Mr. Chairman, I would amendment would be, so that I might that by providing a lower rate of in- again suggest to the gentleman that know. crease in all the salary and expense ac- the assumption behind his statement is Mr. OBEY. Mr. Chairman, will the counts in the bill than will be granted simply not accurate. For years, a por- gentleman yield? in salary increases. This funding level tion of this money went to support bu- Mr. COBURN. I yield to the gen- brings very strong downward pressure reaucrats in local school districts that tleman from Wisconsin. on the number of employees and there- Mr. OBEY. Mr. Chairman, I did not were part of a political patronage ma- fore creates, in your mind at least and raise it. chine. Our own city of Chicago is an ex- Mr. COBURN. Mr. Chairman, I maybe mine, also greater efficiencies. ample and everyone knows that. Mr. COBURN. Mr. Chairman, if the thought that the gentleman might Mr. MANZULLO. Mr. Chairman, I do gentleman will continue to yield, I have one. not come from the city of Chicago, and The CHAIRMAN. The gentleman has would concur with that, but remember, I do not claim any of the Illinois poli- withdrawn his point of order. not all the cost of the Department of tics. All I know is that every addi- Mr. COBURN. I stand corrected. Labor is salary and benefits, although tional dollar that goes back to the Mr. PORTER. Mr. Chairman, I ask that is a large portion of it. There is a school district in my school district, unanimous consent to strike the req- large area that is not. So when we say not one more cent goes to a bureau- uisite number of words. we increase a total number, it is not all crat. They do not hire more bureau- The CHAIRMAN. Is there objection going for salaries and benefits. In fact, crats. They may hire more staff to deal to the request of the gentleman from they could hold their other costs even with those disabled children, but that Illinois? and meet those equally well, meet the is the purpose for which IDEA is in- There was no objection. demands of a salary increase. tended. Mr. PORTER. Mr. Chairman, I want Mr. PORTER. Reclaiming my time, b 1030 to make one further point when we Mr. Chairman, this is an S&E account, talk about bureaucracies. The gen- and they could not do that as a matter Mr. PORTER. If the gentleman will tleman from Indiana has made a point of fact. yield further, I am certain that is true about taking money from Washington Mr. MANZULLO. Mr. Chairman, I in his school district. I am simply say- bureaucracies and giving it to local move to strike the requisite number of ing that is not true in every school dis- school districts. There are bureauc- words. trict, and particularly history tells us racies in Washington, and there are bu- Mr. Chairman, I rise in support of the in many of the big city school districts reaucracies also in many of our local McIntosh amendment. It is amazing, across America this money does not school systems. I need only to point just absolutely astounding, that here get to the kids. out that before the Illinois General As- the U.S. Congress proposes in this Mr. MANZULLO. Is the gentleman sembly gave Mayor Daley of Chicago Labor, Education and Health and saying that money is spent more wise- control over the Chicago schools, 11⁄2 Human Services bill to increase the bu- ly in Washington than locally back years ago, one of the biggest bureauc- reaucratic account of another one of home? racies anywhere in existence was the the 10,000 agencies and programs that Mr. PORTER. No, sir, I am simply Chicago School Board. It was packed we have here in Washington, and really saying there are bureaucracies at both with patronage workers and certainly it is at the expense of local school ends of the funding streams to class- did not need any more relief when com- boards that have to bear more and rooms and often the money that is in- pared with the Wage and Hour Enforce- more of the burden under IDEA. tended to go to classrooms does not ac- ment Division. It really strikes me that this is the tually get there. That should concern In other words, there are bureauc- complaint about Washington, this is us just as much as money spent here in racies, if they exist, not only in Wash- the complaint about big government Washington. ington but out in local school districts when 435 Members here assembled in Mr. MANZULLO. I understand, but it in many of our big cities; there is not the House of Representatives can take is our job to stop bureaucracies from any doubt about that. To say that we a document and increase the amount of being wasteful here in Washington. It are simply going to punish bureaucrats money to run a particular agency or is the jobs of the folks back home to and give this money for the education bureaucracy, and yet, when a move- stop bureaucracies there. But it is also of handicapped kids is not quite accu- ment comes, when an amendment our job to make sure we do not have rate in many instances. comes to take the money that would go any more of these unfunded mandates. Mr. COBURN. Mr. Chairman, will the from the Washington, DC, bureaucrats That is the purpose of the McIntosh gentleman yield? and to send it home not to local school amendment. IDEA should have been September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6929 fully funded a long time ago. And how what is going on here. This is a simple ing money from the education for the we do it, we take the money out of proposal which says are we going to not disabled, for the standard students, these bureaucratic accounts and send put more money behind Washington, for the rest of the children in our it to the kids. DC, bureaucrats? Or are we going to schools. Yet by failing today, as we Mr. DOOLITTLE. Mr. Chairman, I put money behind disabled children are, to provide adequate funding for move to strike the requisite number of who need education? That is the issue IDEA, that is exactly what we are words. raised by the McIntosh amendment, doing. We are stealing funding from the Mr. Chairman, I rise to support the and I think it is a simple one and a children’s education of all, not just the amendment of the gentleman from In- straightforward one and one on which I disabled but the not so disabled as well. diana. It seems to me that this amend- urge my colleagues to pay attention That is wrong. ment really goes right to the heart of and to support the McIntosh amend- The McIntosh amendment moves $4.3 everything that we as Republicans ment. million, which right now would in- stand for in the Congress, the idea It is clear-cut. We can spend more crease the enforcement of wage and being that we support the 10th amend- money; indeed this bill does spend hour standards into IDEA. It is simple, ment, leaving those things to the more money. It increases spending for it is straightforward, and I urge my States that the Founders have set wage and hour law enforcement. Wage colleagues to support it. Do you stand forth for them to be responsible for, and hour law enforcement is impor- in favor of expanding the wage and that we support the idea that the Fed- tant. But I think the spending level we hour bureaucracy at the Department of eral Government should not be making set last year was more than adequate. Labor? Do you think we need to raise mandates on States and localities that I do not know of grave abuses in that their budget over last year? Do you it does not fund. I was a State Senator area crying out for a need. But on the think we need $4.3 million additional in for a number of years and we always other side, we can do as the gentleman wage and hour enforcement or do you had a problem with this huge Federal from Indiana [Mr. MCINTOSH] suggests understand that we have an obligation mandate that imposed the requirement in this amendment, we can move these to educate both the disabled children that moneys be spent, but we had to dollars, an increase in wage and hour in this country and not to force States live up to whatever the Federal Gov- enforcement is not really needed, over and local school districts to steal ernment told us that we had to do, and to take care of the education of dis- money from the education of non- the Federal Government does not keep abled children. disabled students in order to fulfill our its word very often and has not kept its It is a fundamental obligation of this Federal mandate. I urge my colleagues word in this area. Nation to take care of our disabled to support the McIntosh amendment. I In 1975, when this program was au- children. We wrote the IDEA program think it is critically important to thorized, it was set forthright in the to ensure that States provide adequate change this legislation. legislation that the Federal Govern- education for those children who are Mrs. CHENOWETH. Mr. Chairman, I ment would pay 40 percent of the cost disabled and who need it, but having move to strike the requisite number of of this program. At no time has it ever written it, we have never funded it. words. lived up to the law in that regard. In We have heard that discussion here Mr. Chairman, last year our Senator fact, the most it ever got to, the gen- on the floor. It is not like wage and DIRK KEMPTHORNE from Idaho wrote tleman from California [Mr. RIGGS], hour law enforcement. We are funding and passed and had signed into law our chairman, has informed me, was 10 that now. But we are not funding the Senate bill 1 prohibiting unfunded Fed- percent. It is not even that this year. education of the disabled children eral mandates. Unfunded Federal man- This is an opportunity to take some across America. We are indeed demand- dates have been a bane to local units of money and move it over to fund what ing that States provide that education, government and our States. We heard is a very worthwhile program but a but we provide less than one-quarter of the statement just recently in the de- very expensive program. It is a start in the funding that should be there for bate, if there are bureaucracies. Let me the right direction. I think, Mr. Chair- the education of those children. tell my colleagues, there are bureauc- man, that it is important that we at That is the debate. Are we in favor of racies. In the Reagan legacy, Ronald least start moving in the right direc- providing adequate education for dis- Reagan knew what he believed in. He tion even if at first we cannot put all abled children across America or do we was very centered on the fact that the dollars into it that we would like. want more money to go into an already power should go to the individuals and The McIntosh amendment tries to existing bureaucracy here in Washing- to the States. He is honored by people scrape up a few more dollars that can ton and expand that bureaucracy by across this Nation because he was so go into this program. That is very con- raising their budget? But it is an issue focused and he never deviated. sistent with the Republican philosophy which reaches beyond the issue of the This issue that the gentleman from of not having mandates and where we education of disabled children. It is a Indiana [Mr. MCINTOSH] brought up is do have mandates, of moving to fully question of the education of all chil- very special to me. Putting more fund those mandates, to pay for the dren. Because when we mandate that money in funding for IDEA is a very things that we the Federal Government the States, as we do under the law, pro- important thing to me. I have a grand- are imposing on the States and the lo- vide education for the disabled and we son who is disabled. I have six little calities, not just to pass the mandate spell out exactly what they must learn grandchildren and one of them is dis- and let them foot the bill. That is not and what they must teach and how abled. I can tell Members, he is a beau- our philosophy. I think it is very im- much services must be provided, but tiful child. He has unspeakable joy in portant to support this amendment of then we do not provide adequate fund- his spirit. But he is disabled. As such, the gentleman from Indiana [Mr. ing, that forces the States and the he pulls a kind of love and emotion MCINTOSH] because it moves us in the schools and the school districts across from us that is unlike anything I have right direction, and it will help pick up America to reach into the funding that ever experienced. Hence, when I see the a little more of the cost that we the should be there for other children, the children who are under the IDEA pro- Federal Government are imposing on not disabled children, and take money gram and the fact that their little lives the States and the localities for what away from their education to provide are lived out in bodies that are dis- is a very worthwhile program. education to the disabled children. abled, my heart goes out to them. I am Mr. SHADEGG. Mr. Chairman, I So because we are not doing our job, no different than any other American. move to strike the requisite number of we are not fulfilling our responsibility Yes, we are a rich country and we can words. to provide the funding to educate certainly afford to be able to help these Mr. Chairman, I rise in strong sup- America’s disabled children as we have helpless little children. port of the amendment from the gen- mandated, we are harming the edu- My children, my son and daughter, tleman from Indiana [Mr. MCINTOSH]. I cation of all children. All Americans do all they can to help their children in hope my colleagues are paying atten- ought to be concerned about this. It is their own way. But there are many, tion to this debate because it is criti- important that we both educate the many, many parents who are not able cally important that we understand disabled, but that we not do it by steal- to help as much as my children are, to H6930 CONGRESSIONAL RECORD — HOUSE September 5, 1997 be able to help little Timothy, my the law, that will indeed have a deep think there are a large number of grandson. And so when the gentleman effect on the agency because the agen- Members in both parties who recognize from Indiana [Mr. MCINTOSH] brought cy already has a much smaller budget. their responsibility to see to it that this amendment up, it really struck I would make a larger point. It is working people work under conditions home to me. $4.3 million from a broken true that the account into which the that are lawful and equitable. The bureaucracy to the Individuals with gentleman wants to put money is un- amendment helps to weaken that guar- Disabilities Education Act, it is a very derfunded. Virtually every account in antee, and I do not believe that people worthy transfer of money. this bill is underfunded. The fact is in either party in substantial numbers Mr. Chairman, the question should that the budget agreement which has support it. never be, or the statement should been imposed on us leaves this bill at Mr. NORWOOD. Mr. Chairman, I never be, if there are bureaucracies. In- least $5 billion short of where it ought move to strike the requisite number of deed, there are bureaucracies. There to be. There ought to be at least $2 bil- words. are bureaucracies on the Federal level lion more in this bill for Pell grants. Mr. Chairman, I yield briefly to the that are very broken. That is what the There ought to be more money in this gentleman from Oklahoma [Mr. mandate was in terms of why we were bill for the National Institutes of COBURN], my colleague. sent back here to Congress, to carry Health. There ought to be more money Mr. COBURN. Mr. Chairman, I would out the Reagan legacy to not just fix a in this bill for worker protection. just like to answer that as somebody very big and broken bureaucracy but to There ought to be less money in the who voted against the B–2 bomber, who fix it by streamlining it and making it budget, in my view, for B–2 bombers. voted against the budget, who voted for very much smaller. To that end, that is b 1045 minimum wage, as my colleagues know, I think $4.3 million does a whole what the gentleman from Indiana [Mr. If we want to correct the problem as lot in Oklahoma, Wisconsin, Texas, and MCINTOSH] is attempting to do in this large as the problem described, we are all the other States, and I think a amendment. I commend him for his not going to do it with $4 million whole lot less is accomplished with $4.3 forethought. transfers that weaken the Govern- million run out of Washington, DC. Yes, the McIntosh amendment takes ment’s ability to meet its obligations And to say that $4.3 million does money from a bureaucracy that would to protect workers and see to it they nothing is an example of what the fund an unfunded mandate and gives it work in decent working conditions. problem is in Washington. It is because to children who really, really need it. The only way we are going to get that we perceive that $4.3 million is a small This is a sound concept, Mr. Chairman. is if we take money out of the areas of amount. And when that amount of This is in line with the 10th amend- the budget that clearly do not deserve money goes to any school district, and ment concepts and it is compassionate. it. We really need to be able to reach out For the cost of one of those B–2 I want to finish my point, and it is not for those little children who cannot bombers, we could pay the cost of tui- my time I say to the gentleman from help themselves. This is a good Repub- tion for every single kid at the Univer- Wisconsin [Mr. OBEY], when that lican idea. This is an idea that Ronald sity of Wisconsin for the next 11 years; amount of money leaves Washington, Reagan would be very, very proud of. we could pay the cost of hundreds of two things happen: No. 1 is it is not I ask myself again and again, as I thousands of families in dealing with wasted in Washington, and No. 2 is it have over the last few days, what are disabilities. This amendment does not has an opportunity to be put to excel- our priorities in this Nation? Our do that. lent use in the various States. charge as lawmakers is to make sure This amendment is a token transfer And IDEA is a program that we have that we understand the people’s prior- that will have virtually no effect on mandated that is underfunded, without ities and to be able to put them forth. the people we are trying to help, but it a doubt, across this country, and just As such, without the McIntosh amend- will very deeply cut a much smaller the other point that I was going to ment this bill does not do that. With agency which is supposed to protect mention to the gentleman from Wis- the McIntosh amendment, it will begin every worker in America so that their consin [Mr. OBEY] is we have several to do that. employers pay them what they are en- other amendments to try to increase Mr. OBEY. Mr. Chairman, I ask titled to, so that their employers do IDEA to make that impact much great- unanimous consent to strike the req- not have them working in slave condi- er. uisite number of words. tions, so that employers do not ille- Mr. NORWOOD. Mr. Chairman, I say The CHAIRMAN. Is there objection gally hire aliens. to the gentleman from Wisconsin [Mr. to the request of the gentleman from Mr. Chairman, I suggest to my col- OBEY] let me make my statement, and Wisconsin? leagues, if they want to correct the if there is time left, I will be glad to There was no objection. problem, go back and correct the budg- yield. Mr. OBEY. Mr. Chairman, I take a et deal; quit giving billions of dollars Mr. Chairman, I rise to support the back seat to no one in my concern for in tax relief to the wealthiest people in McIntosh amendment for, I think, disabled children. There is not anybody this country who do not need it while some very clear reasons. IDEA is good. on this floor who does not have some- the families we are talking about are We have had it in this country for 22 one in their family who is disabled or getting table scraps. If we want to cor- years now. The idea here is to educate someone close to them. I have a neph- rect the problem, give this bill a larger our disabled children and make them ew who is disabled. I have another budget allocation. Otherwise, they are useful members of society. Who could child in my family who was born with cutting one deserving account in order disagree with that? so many problems that by the time to try to fund another account. But in addition to that, the law also they left the hospital, his parents had So I would urge the House respect- says that the Federal Government will almost $400,000 in unpaid medical bills. fully to recognize that this House has fund their portion of that at 40 percent. So there is not anybody who does not no business weakening protections on Well, we are up to 12 percent now after understand that. minimum wage or weakening protec- 22 years, and my friend from the other But the fact is that $4 million added tions on the employment of immi- side of the aisle implied that why do we to this account will do virtually noth- grants. Some of the speakers who have not go ahead and fund it? We are in ing to improve the situation that has addressed this amendment have made charge; why has it been just 12 percent? been talked about because this account clear they do not believe in the Family Why do we take it away from some- is already so large. But cutting $4.3 Leave Act, they did not believe in rais- thing else in the Education or Labor million out of the agency that is ing the minimum wage, and so what Department and fund IDEA? My ques- charged with the responsibility to pro- they are trying to do is to eliminate tion is, why have the Democrats not tect workers against slave labor condi- funding that is enforcing legislation funded it over the last 20 years? Why tions, to guarantee that workers are that they voted against in the first have we forced this unfunded mandate paid what they are entitled to be paid, place. down on the States and, in effect, have to guarantee that they are not forced I do not happen to agree with that; I raised taxes on the people in the States into working hours that are against do not think the House will, either. I without them really realizing it? September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6931 I think $4.3 million is a large amount issue, which is what my colleagues on son we passed that act, because these of money. I hope people watching this my side of the aisle are talking about, very same school districts and adminis- debate understand some of us realize it and I agree with them on this philo- trators and so forth that so many are has six zeros on it. We think that at sophic issue. now championing, saying they could $10,000 per district it is at least a step The IDEA program is a good pro- use this money better than the Wage in the right direction. gram, and I would like to have money and Hour Division, were the same peo- Though we are only funding what the shifted out of Wage and Hour. But that ple who denied disabled children access law calls for, 40 percent at 12 percent, is the one issue that I agree with my to the schools. They denied it as a mat- we are trying to correct that situation, colleague on. The other issue that we ter of their school policy. And the rea- and I encourage all of my colleagues to do not agree on necessarily, appar- son we have a Federal mandate is be- support this amendment, support the ently, and I agree with the gentleman cause we had to mandate under Federal gentleman from Indiana [Mr. on the other side of the aisle, is we law that these children be allowed to MCINTOSH], and maybe we will have have to govern here; we have to govern, cross the threshold of the school doors. some more amendments before the day we are the majority party. In States all over this country, but is out to continue to try to fund what Last November the American people for this law millions of children would is a good program and what does help elected a Democrat to the White not get an education, simply would not our children. House, not the gentleman that I voted be allowed in schools because they Mr. OBEY. Mr. Chairman, will the for, but there is a Democrat in the were on crutches, they were in a wheel- gentleman yield? White House, and they elected us with chair, because they suffered from Mr. NORWOOD. Mr. Chairman, I now a small majority in the House of Rep- Down’s syndrome or cerebral palsy. yield to the gentleman from Wisconsin resentatives. As a member of this sub- They would not be allowed because [Mr. OBEY]. committee, it is difficult to make some that is what school administrators all Mr. OBEY. Mr. Chairman, my point over this country decided. Oh, they can compromises, but compromise is the was not that this money is a small be educated in basements, they could way to run as a majority. amount of money. My point was simply The issue they talk about, the IDEA be educated off-site, but they could not come to school with the regular stu- that a $4.3 million impact on a $600 program, everybody supports the IDEA dents. If we never put a dime into this million budget is infinitesimal in com- program here. I, last week I had the parison to its effect on a budget which mandate, this mandate should stand. pleasure of visiting a program, the is only one-sixth that size. But through the efforts of the gen- Easter Seal facility in Sarasota, Bra- I would make the point that the tleman from Illinois [Mr. PORTER], the amendment would provide less than $1 denton, in my area, and they just start- efforts of the gentleman from Wiscon- ed a charter school, which is really fas- in additional help to every child my sin [Mr. OBEY], the efforts of the gen- cinating to see a charter school started colleague is talking about, but it would tleman from Pennsylvania [Mr. GOOD- for IDEA students in my area. I have a provide a devastating cut in the ability LING], many people preceded them, we to enforce protection for workers not niece who is a teacher of special ed., I put a substantial amount of money in Washington, but in sweatshops in have a nephew that is a special ed. stu- into this effort. Los Angeles, in New York, and Chi- dent. So we all have a personal impact And where are we today? We are al- cago, in Wisconsin or any other State on that, and we have a reason to sup- most a billion new dollars in this effort in the Union where workers are being port that. after the reauthorization on the unani- But IDEA program is something Re- taken advantage of every day. mous bipartisan basis, on the unani- Mr. NORWOOD. Reclaiming my time, publicans should be proud of. We have mous bipartisan basis. And today what I simply say that this is a step in many increased the spending on IDEA in the do we see? We see a group of Members steps for which we can finally get the past 2 years from $3.3 billion to $4.3 bil- on the other side seeking to use these Federal Government to do what it said lion. That is a 30-percent increase in children as a weapon, as a weapon it wanted to do, fund IDEA at 40 per- the past 2 years. So we have a lot to be against the rights of working men and cent levels. It is not comprehensible to proud about in that area, and increas- women to have the laws enforced, to me that we have simply passed that ing another one-tenth of 1 percent, $4.3 guarantee them the minimum wage law and simply not done what we said million, I agree with. that they are entitled to under the law, we will do. We very seldom pass a law I voted against the minimum wage to guarantee them the overtime pay and allow people at home not to follow increase. I do not think we are philo- that they are entitled to under the law, that law. Why can we not fund it? And sophic; I mean, sure we need that to guarantee them the comptime that if we can only get $10,000 per district in whole agency, but the problem is and they are entitled to, to guarantee the this amendment, then we can keep try- the question we are debating here is maternity leave policy that they are ing until we get up to the correct fund- should and can we govern? And I think entitled to under the law, because ing level. at this stage we need to say, hey, this know what? Know what? Unfortu- Mr. PORTER. Mr. Chairman, will the is the best we can do, let us move for- nately, out there in the private sector gentleman yield? ward based on the real dollars involved among those noble employers there are Mr. NORWOOD. I yield to the gen- because of inflation. We are not getting thousands of them on a daily basis that tleman from Illinois. that much of a change because of the tell their employees: ‘‘When you come Mr. PORTER. Mr. Chairman, by my wage increases that are mandated by to work, don’t clock in until after the calculations we are going to need $11 the President. first hour; when you stay late, go off billion of new spending in this one line So, as much as I support the IDEA the clock early,’’ so they do not have item alone. Is the gentleman telling program, I like to see more money to pay them the full minimum wage or me he favors doing that? poured into that, and we are moving in they do not have to pay them the over- Mr. NORWOOD. No. What I favor is the right direction on that and we have time. repealing the law and not having us made a lot of accomplishments. I think This is not a matter of conjecture, fund it at 40 percent or change the law from a governing standpoint we should this is a matter of record that hun- or either fund it. vote down this amendment and move dreds of thousands of workers on a reg- Mr. MILLER of Florida. Mr. Chair- forward. ular basis are denied their overtime man, I move to strike the requisite Mr. MILLER of California. Mr. Chair- pay. That overtime pay is the dif- number of words. man, I move to strike the requisite ference of whether or not they can pro- I rise in opposition to the McIntosh number of words. vide for their family or not provide for amendment. Mr. Chairman, this Mr. Chairman, I rise in opposition to their family. That minimum wage pays amendment does not reduce total the amendment. the difference of whether or not they spending. It just shifts $4.3 million into Over 20 years ago we passed IDEA, need public assistance or they do not the IDEA program which is already a the Individuals with Disabilities Edu- need public assistance, whether they $4.3 billion program. cation Act. I was one of the authors of can provide child care or they cannot There are two issues here we are de- that legislation. And one of the reasons provide child care for their children as bating basically. One is a philosophical we passed that act, the compelling rea- they work. H6932 CONGRESSIONAL RECORD — HOUSE September 5, 1997 This is about the enforcement of peo- then? Because you know what? You ple would find unacceptable in this ple in the garment industry that we know the Federal Government is try- country, that generally they are trying have found chained to their sewing ma- ing to do the best we can under the to make a point that does not hold chines. This is about the enforcement budget we have been given. water. against people who we found chained to But the answer is not to strip Amer- Third, I would point out that if this the machines and doors locked and ican workers of their protections. It amendment passes, the account he is working in oppressive situations. This simply cannot be. We cannot use these talking about is fully funded to last is about whether or not Mexican citi- children for that effort. year’s level and, in fact, is not being zens are brought here who are deaf and This is thinly veiled, if veiled at all, cut back but rather frozen to last forced to work against all of the labor because when the gentleman got up to year’s level. laws in this country. speak the second time on his amend- Fourth, and the most offensive of all ment, he made it very clear that this is is to suggest that somehow we do not b 1100 about provisions of the wage and hour care about these children. This is about Vietnamese women, La- laws that he disagrees with. This is Mr. Chairman, I would like to yield otian women in Los Angeles. So now do about provisions that he wishes this to the gentlewoman from Idaho [Mrs. we want to use the handicapped chil- Congress had not passed, but this Con- CHENOWETH], who has a disabled grand- dren, the disabled children and their gress did pass; and those are the laws daughter, and just grant her some time families of this Nation as a weapon of the land and the people of this Na- to talk about the disabled grand- against these policies that we do not tion, the workers in this Nation, are daughter that he just said we do not happen to agree with? The author of entitled to have those laws enforced. care about, because I think we care an this amendment does not happen to It is very clever to suggest that we awful lot about these disabled children. agree with the minimum wage. are pitting some faceless bureaucrat in I would be happy to yield to my good The author of this amendment op- some pejorative sense against a child friend, the gentlewoman from Idaho poses the Family and Medical Leave with disabilities. But what we are real- [Mrs. CHENOWETH]. Act. So he has decided, he has decided ly pitting against here is the ability of Mrs. CHENOWETH. Mr. Chairman, I that he will conjure up a transfer those children to have their parents’ thank the gentleman from Wisconsin amendment that will tug at our heart wages enforced by hard-working offi- for yielding. strings about disabled children, and cials in the Labor Department, in the Yes, I guess we are supposed to not hopefully will disguise, will disguise regional and local offices, against em- feel very much in this body. We are the effort here to deny the enforcement ployers that make a conscious deci- just supposed to talk. But I can say of the basic laws of American workers, sion, a conscious decision to deny peo- that I felt a great deal of personal um- and in most instances, the basic rights ple overtime, to deny people minimum brage when we were accused of using and the basic laws of American work- wage, to deny the rights of workers in these children for our own political ers who are at the lowest edge of the the fields, in the sweatshops of this ends. wage scales in this country, people who country. They make a conscious deci- I can confirm the depth of feeling and work in hot, heavy, and dangerous in- sion. emotion, as a grandmother, that many dustries, people who toil in jobs that And how do those people fight back? Americans must feel when they meet most Americans are not interested in How do they fight back without a these children, when they hold them on having. Labor Department that can enforce their lap, when they hold them in their Go to the migrant fields, see the con- their rights? arms, when they rock them to sleep, ditions under which they work, and But, of course, many of the support- when they sit and work with them and then say we are going to deny them the ers of this amendment do not much try to read stories to them, and when enforcement. If you do not like those give a damn about those workers’ they delight in the fact that they real- laws, why do you not just stand up and rights, do not much give a damn about ize the child has comprehended, be- try to repeal them? whether they get the minimum wage or cause suddenly their face lights up and Some, I believe, voted against the not. they laugh and they squeal. minimum wage because they do not be- But that is unacceptable. It is going No, these are very personal things to lieve in it. But do not use this way, do to be unacceptable to the people when us. And the fact is that the gentleman not use these disabled children, do not we vote on this amendment, and it is from California not only accused us of use their families to suggest that clearly unacceptable to the American using these children, but he also said somehow we can provide a dramatic people that support overtime pay, that that everything had been adequately difference. support a 40-hour workweek, that sup- cared for because we have mandated it. The CHAIRMAN. The time of the port a minimum wage. And this amend- Well, that is just the point. This body gentleman from California [Mr. MIL- ment will not disguise that agenda. for years and years and years, Mr. LER] has expired. I would hope my colleagues, when Chairman, has been mandating un- (By unanimous consent, Mr. MILLER they come to the floor, will understand funded mandates, mandating on the of California was allowed to proceed for that they need to strip the camouflage States and local units of government. 3 additional minutes.) off this amendment, they need to look Now, if we really want to take care of Mr. MILLER of California. Mr. Chair- at the intent of this amendment and the disabled children under IDEA, if we man, do not use this amendment to understand that this is just more of a really want them to be able to have the suggest that we can dramatically consistent attack, a consistent attack very best of the creative abilities that change their educational experience. against the rights of working men and their Creator gave them, find that level Do not do that. Stand up and say what women in this country, and a specifi- of accommodation in society through it is really about. It is about the under- cally consistent attack against those education, then we will provide them mining of the wage enforcement, hours who are the lowest paid and the least with the very best educational oppor- enforcement, of hard-working Ameri- protected of the American work force. tunities that we can, not out of using cans. It is about those field officers in I would hope they would vote ‘‘no’’ one another for political gain, but out L.A., in Tucson, in New York, in on this amendment. of pure, plain compassion, out of caring Miami, who are out there trying to en- Mr. NEUMANN. Mr. Chairman, I for those people, those young little force the wage and hour laws of this move to strike the requisite number of children, those little lives caught in a country. We ought to understand that, words. body and in a mind that is disabled. and this Congress ought to be commit- First, I would like to begin by saying No, I sometimes think that they do ted for its reauthorization. that I find that entire conversation not understand, and so it is very easy I see the chairman of my subcommit- that was just had here on the floor to to use political rhetoric. But again I tee sitting there, the reauthorization be offensive. invite them to hold these little chil- on a unanimous basis. Why did you not Second, I would add that any time dren on their laps, rock them to sleep, strip the mandate out of 40 percent that I have found that a person has to read them a story, work with them as then? Why did you not increase it resort to the language that most peo- their little minds develop. September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6933 Mr. NEUMANN. Mr. Chairman, re- Mr. Chairman, I would like to yield here on the floor, and rather than tak- claiming my time, I thank the gentle- to the gentleman from Wisconsin [Mr. ing it on a clear vote of just going and woman from Idaho. OBEY.] putting more money into IDEA, we get Mr. Chairman, it is a very serious Mr. OBEY. Let me simply say, Mr. to the root of what I suspect is really issue we are debating here today. Real- Chairman, these are not Washington at heart here, and that is something ly, this issue, and I have heard what bureaucrats who enforce the laws to that they oppose very much, the en- other people are saying this is about, protect workers’ rights in this country. forcement of wages and working condi- this is really about priorities in spend- These are Federal workers who died in tions in America. ing. the Oklahoma City Murrah Building. If that is the case, do not connect The people have elected us to make Those people are not Washington bu- them. If you do not want to be in a po- decisions on what it is that is most im- reaucrats, they are people who lost sition of trying to say that you do not portant in this Nation for us to spend their lives because they were enforcing care about disabled and handicapped our money on. What we are being asked the law to protect American citizens. children or people, then do not connect to decide here in this amendment I get tired of people who get paid the two issues and do not cynically use today is, are we better off increasing $135,000 a year on this floor attacking one and pit it against the other. an account, and remember, it is al- other people in the Government, who Come clean. You have a problem. You ready at last year’s level even if this work just as hard as we do, who care lost on that policy issue, obviously, amendment passes, are we better off in- about this country just as much as we when it was up for a clear vote. The creasing the amount of dollars spent on do, and who are given a very difficult majority, comprised of people on your bureaucrats in Washington, DC, or job by us to enforce the laws that we side of the aisle and this side of the would we be better off sending that pass that are sometimes confusing and aisle, support enforcement of wage pro- money off to the States and letting sometimes conflicting. visions. that money get through to help chil- So with all due respect to politicians If you want to cut that, go directly dren like the gentlewoman from Ida- who take cheap shots every other day at it and let us have a vote straight up. ho’s granddaughter and other kids like at a lot of other people who work in Do not do what I think is a very cyni- her all across this great Nation? this Government to create a better life cal effort, contrast it against IDEA and That is what this debate is about. It for Americans all across the country, I programs like that, when you had the is about priorities and where the tax want to point out, the money we are chance to pump up those programs and dollars that are collected from the peo- trying to keep in this budget does not you walked away. ple get spent. stay in Washington, it goes out to I think we ought to just be more cau- I would like to go a step further, be- every community in the country to tious about the way we move in this cause I think that eventually we want protect every worker in the country so area and not have stories about peo- to get to a different point altogether that their basic rights are protected ple’s hardships. We all have them. Deal and a different level of discussion alto- with it directly. If you want to vote on gether. under laws which many voted against. Eventually those tax dollars that are Mr. MILLER of California. Mr. Chair- IDEA, put it up and vote one way or being collected and brought out here to man, will the gentleman yield? the other. If you want to vote on the Washington and then being redistrib- Mr. TIERNEY. I yield to the gen- policy of wage enforcement, do that uted to the States after the bureau- tleman from California. and that is the way we go. crats in Washington siphon off a good Mr. MILLER of California. Mr. Chair- I think now we are into this philo- portion of the amount of tax dollars man, I would just reassert my charge. sophical realm. For the next day or so collected, eventually would it not be If we are into bona fides on disabled we are going to hear about everybody nice to get to the point where we sim- children, I would invite you to look at trying to retract where their philoso- ply lowered the taxes on the people to my history, and I would also invite you phy is and try to do it through the a point where Washington did not have to come to the George Miller Centers back door by pitting programs against to collect that money first and then for Severely Disabled Children. At any one another and try to get back ground Washington decided on where and how time, you are all welcome. that your segment of the party over But the fact of the matter is, those that money is redistributed? there apparently has already lost and Why not leave it out there in the children should not be used to dev- is trying to reclaim. States, in the hands of the people, like astate the wage and hour enforcement Mr. MCINTOSH. Mr. Chairman, will our Constitution says we are supposed for the working Americans in this the gentleman yield? to do in the first place? country. Mr. TIERNEY. I yield to the gen- There are so many other points I Mr. Chairman, I thank the gentleman tleman from Indiana. would like to get back to. I have heard for yielding. Mr. MCINTOSH. Mr. Chairman, let during this debate that $4 million will Mr. TIERNEY. Mr. Chairman, re- me point out that what is happening do nothing, $4 million will do nothing. claiming my time, I just want to start here is that my opponents on the other I remember during the first time I by saying when I listen to Members side are resorting to impugning other campaigned, and I lost two elections rise and talk about their personal expe- people’s motives, including the grand- before I was elected, I remember think- riences with members in their family mother of a disabled child, who sup- ing as I listened to people in Washing- who might be disabled or handicapped, ports this bill, because they have been ton talk, that they had lost total touch if we took a survey of the 435 Members caught, figuratively, with their pants with people in the real world. here, I would think we would be hard- down. They have to choose between $4.3 million is a lot of money. $10,000 pressed to find anyone who does not funding bureaucrats in Washington and in every congressional district means a have some experience, either in their around this country and/or actually lot to people out there in the real family or someone very close to them, funding children that will benefit from world. Have we really been out here in in that situation. this. Washington so long that we think $4.3 Maybe that is why, because all of Mr. TIERNEY. Mr. Chairman, re- million is irrelevant? America feels that passion and compas- claiming my time, that is totally inap- It is not irrelevant. It is very mean- sion, that we have an IDEA Program. I propriate and far from the situation. ingful to the people in Wisconsin and think that we ought to stop and move As I said, your grandmother over Oklahoma and Indiana, and all across away from that for a second and look here is not unlike a number of other this great Nation of ours. at this bill and stop accusing one an- Members here, and we are not impugn- Mr. TIERNEY. Mr. Chairman, I move other, and say that if IDEA is in fact ing her integrity or her compassion for to strike the requisite number of supported by all of us, then the oppor- that person. We are saying, why was words. tunity to put more money into that she not there in the subcommittee and Mr. OBEY. Mr. Chairman, will the program was there in the committee the committee looking for more gentleman yield? and the majority did not take it. money? Mr. TIERNEY. I yield to the gen- It was there in the subcommittee and Where were you? Where were you tleman from Wisconsin. the majority did not take it. It was when you dealt with IDEA? Where are H6934 CONGRESSIONAL RECORD — HOUSE September 5, 1997 you when it comes to the point in time lion. However, that is substantially The CHAIRMAN. Is there objection when you want to attack working peo- below the Senate funding level of $830 to the request of the gentleman from ple in this country, some of whom have million. I think what we ought to be Indiana? disabled children, some of whom can- striving for here, and again as a matter Mr. OBEY. Mr. Chairman, reserving not get things enforced so they can of bipartisan priority, is to try to reach the right to object, let me simply say bring home a decent paycheck, some of that target in the IDEA amendments, that, as we know, the normal proce- those people who work every day and in the special education reauthoriza- dure is for Members to get one kick at should have an enforcement mecha- tion, of $1 billion more in new Federal the cat. The gentleman has had three nism there to make sure that their taxpayer funding. occasions on which he has spoken on conditions are better? Even if we reach that target of $1 bil- his own time. I have not objected. We have a country that is divided by lion, this will still remain an under- We have had a number of Members huge gaps in wages, in wealth, and you funded Federal taxpayer mandate im- last night who asked unanimous con- want to attack them and you use this posed on State and local school dis- sent to speak a second time. I did not cynical method to do it. tricts. But if we do reach that $1 billion object, and because they had done it on numerous occasions, I have done it b 1115 trigger, because of the legislation that passed this House overwhelmingly and once myself. But I simply want to say Mr. McINTOSH. Mr. Chairman, I ask was signed into law by the President, if that I think Members need to be aware unanimous consent to strike the last we reach that trigger, that threshold of the fact that the normal course word. amount of $1 billion in new Federal around here is to speak once. The CHAIRMAN. Is there objection taxpayer funding for IDEA and special I understand that there is a filibuster to the request of the gentleman from education, local school districts will be by amendment going on. I would sim- Indiana? able to reduce the amount of money ply ask, and I am not going to object at There was no objection. they spend on special education. this point, but I would ask Members to The CHAIRMAN. The gentleman That is a first, as far as I know. It is show restraint in the number of times from Indiana [Mr. MCINTOSH] is recog- unprecedented in Federal education that they make that request, or I think nized for 5 minutes. policy. In other words, they will be Members will feel constrained to ob- Mr. McINTOSH. Mr. Chairman, let able to redirect those State and local ject. me answer that specific question, dollars into other important edu- Mr. McINTOSH. Mr. Chairman, I where have I been on IDEA. I have been cational programs and activities, if we withdraw my unanimous-consent re- working with the gentleman from Cali- reach that $1 billion increase in Fed- quest, and will reserve it to the end of fornia [Mr. RIGGS], the chairman of the eral taxpayer funding for special edu- the debate, as the author of the amend- subcommittee, to ensure that that pro- cation. ment. gram will work. We passed an amend- The Senate is at $830 million, the Mr. OBEY. Mr. Chairman, again, if I ment over the summer that preserved House is at $275 million. With passage could speak under my reservation of the core of IDEA against attacks, of the McIntosh amendment, the House objection, I think there has been a mis- against attacks that it was abusive and will be at $279.3 million, and if we want understanding of how debate works. being abused, and therefore should be it to get even closer to the Senate fig- There is not assigned time. Members thrown out. And we said no, there are ure, I have a great idea, Mr. Chairman. are generally allowed to strike the last fundamental principles here that we Let us take the $200 million for some- word once. We do not have assigned are going to make education available thing called Whole School Reform blocks of time when we are operating for disabled children. sloshing around through this bill, and under the 5-minute rule. The 5-minute We labored hours and hours and let us apply it, as I suggested on this rule is different than debating under hours to come up with a compromise floor last night, to special education. conditions when we have time assigned that the disabled groups, the parents, Mr. PORTER. Mr. Chairman, will the to each amendment. the teachers could all agree to to pre- gentleman yield? The CHAIRMAN. The gentleman serve that bill. I believe in it passion- Mr. McINTOSH. I yield to the gen- from Indiana [Mr. MCINTOSH] has with- ately. I believe this funding is nec- tleman from Illinois. drawn his unanimous-consent request. essary in order to stand up for those Mr. PORTER. Mr. Chairman, I thank Mrs. LOWEY. Mr. Chairman, I move children, and to have anybody say that the gentleman for yielding to me. to strike the requisite number of we are being cynical about that is out- Mr. Chairman, I just want to point words. rageous. We want to get $4.3 million to out to the gentleman from California Mr. Chairman, as a member of the those children, and that is what this that his figures understate where we subcommittee, I want to assure Mem- amendment is all about. were. The overall account has in- bers that our chairman, the gentleman Mr. RIGGS. Mr. Chairman, will the creased by $312 million from the pre- from Illinois [Mr. PORTER], as well as gentleman yield? vious year, and we added $25 million our ranking minority member, the gen- Mr. McINTOSH. I yield to the gen- more to that last night, for $337 mil- tleman from Wisconsin [Mr. OBEY], and tleman from California. lion, and this amendment would add $4 the members of our committee worked Mr. RIGGS. Mr. Chairman, I appre- million more, for $341 million, rather incredibly hard to strike some kind of ciate the gentleman yielding to me, than the $279 million that the gen- balance in the bill. and would like to weigh in on the de- tleman from California [Mr. RIGGS] re- This is a bill that addresses so many bate at this point in time before the de- ferred to. of the critical needs in our country, bate becomes more heat than light. I have to say, if I may, that I have al- whether it is breast cancer research, Mr. Chairman, let me see if I can pro- ready met with the chairman of the ovarian cancer research, diabetes re- vide some perspective. Mr. Chairman, full committee on this subject, which search. I cannot explain to the Mem- what we are talking about here is a is a very high priority with both the bers the difficult, difficult time we had matter of priorities. I want to remind gentleman from California and his full trying to establish the priorities. Our my colleagues, we are talking about a committee chairman, and we are com- chairman cares deeply about the NIH, $4.3 million increase for enforcement mitted to working as closely as we can about education, about all the issues and administration at the Department to the highest number we can reach in that we concern ourselves with on this of Labor or a further $4.3 million in- terms of this account in the final bill. bill. crease for special education, that is No one can say that this account has I can assure the Members that there what the McIntosh amendment is all not been served well. are dozens of areas in this bill where I about. The CHAIRMAN. The time of the personally and many of my colleagues Giving credit where credit is due, I gentleman from Indiana [Mr. would have liked to see additional want to point out that the appropri- MCINTOSH] has expired. funds. In fact, just today I have been ators did increase in their bill funding Mr. MCINTOSH. Mr. Chairman, I ask talking to my colleagues about com- for IDEA, Individuals with Disabilities unanimous consent to proceed for an munity schools, after-school programs. Education Act, programs by $275 mil- additional 4 minutes. We would like to increase the numbers September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6935 in all these programs so we can get riders to this bill, that we had worked think the Department of Labor is going more money down to the local level very hard to get good compromises on to miss that amount of money with the and raise standards for our youngsters. each of these very difficult, difficult is- mission that they have to perform, This balance was achieved with a sues. Let us vote down these riders, their duties. But that small amount of great deal of effort and a great deal of move forward, and pass this bill. money, Mr. Chairman, that 4-some mil- compromise. We were happy to come to Again, I want to congratulate the lion dollars going into the IDEA pro- the floor with a bipartisan bill. Unfor- gentleman from Illinois, Chairman gram, from my perspective and in my tunately, some Members, for their own PORTER, and the gentleman from Wis- district, and knowing children in that political purposes, want to address this consin, Mr. OBEY, the ranking minority program, and having former students balance that was carefully worked out member, on their outstanding work, who have grown up now and have chil- in ways that I frankly find shameful and working in a bipartisan way. In dren and, sadly enough, have children and cynical. contrast to last year, it was a pleasure in the category of being mentally or If we are going to get up here as working in a bipartisan way, Mr. physically handicapped, I know the mothers and grandmothers, well, I Chairman. parents, I know their despair, I know qualify. I am a mother and a grand- Mr. GILCHREST. Mr. Chairman, I their sorrow, I know their frustration. mother. Mr. Chairman, in 1992 I was move to strike the requisite number of So I am not involved in a turmoil of part of the committee that worked words. motives. I am involved in a few extra very hard and proudly passed the IDEA Mr. Chairman, I want to compliment dollars going into a program that is bill. In my district, if you reach out to the gentleman from Illinois, Chairman really going to make a difference. So, the parents who have children that PORTER, and the gentleman from Wis- Mr. Chairman, I support the gentle- have benefited from this program, sure, consin, Mr. OBEY, the ranking minority man’s amendment. we would like to increase the dollars member, for ushering through some Mr. TIERNEY. Mr. Chairman, will even more, and as the chairman said, very positive legislation with very lim- the gentleman yield? we did increase it $312 million. But ited resources, but appropriately, ap- Mr. GILCHREST. I yield to the gen- that is not what this debate is all plication of those resources for very, tleman from Massachusetts. Mr. TIERNEY. Mr. Chairman, I about. very critically needed programs to en- would ask the gentleman from Mary- Let us, for a moment, think about sure the safety of the American people land [Mr. GILCHREST] if he knows how the hardworking men and women who and American children in a diverse much the increased amount contained are parents of these children, who have way. It is critically needed. It is done in the amendment of the gentleman to go to the store every day, who strug- in a very difficult environment. from Indiana [Mr. MCINTOSH] would af- gle to balance their lives, who work Mr. Chairman, I am not on the au- fect those children in his district? hard for a living, who have to take care thorization committee or the appro- Mr. GILCHREST. Mr. Chairman, re- of these children, and who work tre- priating committee, but I do have a claiming my time, we are talking mendously hard against the odds be- very critical need for dollars in the about $4.3 million into the IDEA pro- cause they have additional burdens. IDEA Program in my district. I do not gram nationwide. And I fully under- Let us think about these parents and want to get involved in the hornet’s stand that it is a very insignificant let us think about what this cut would nest of discussion about the con- amount of money, in all likelihood. do, and let us worry a little bit about troversy or about anybody’s motives. I Mr. TIERNEY. Mr. Chairman, if the the parents who are being exploited in stand firm in my belief that we should gentleman would continue to yield, many situations. That is what this di- protect workers’ wage and hour rights. does he understand that it is $1 per vision is all about. Sure, most employ- The Department of Labor should do child? ers respect their workers, but this divi- that with all due diligence, and the Mr. GILCHREST. Mr. Chairman, sion is trying to ensure that those amount of money we appropriate for again reclaiming my time, I under- workers who are not treated fairly, that purpose needs to be the amount stand that $4.3 million in a who are not getting a decent wage, are that is necessary to perform their $1,600,000,000,000 budget is minuscule. going to have to be treated fairly, or given responsibilities. But for those parents that are listen- the law or the U.S. Government will We have to choose between critical ing, the discussion of the positive na- take action. programs. When we are talking about a ture that we want to protect their chil- As one of my colleagues said before, program to educate children that are dren, teach their children, love their why are we hiding behind these chil- physically and mentally handicapped, children, give their children opportuni- dren that desperately need help, and where they have been underfunded for ties, the joy that that brings into their whom our chairman and our minority decades, probably for the existence of hearts is worth that small amount of member and all of us want to help? public schools, it is necessary, I be- money and in my mind is worth the de- Why do Members not just come out and lieve, under those circumstances, and bate. say they want to repeal this bill, that given the circumstances of the process Mr. MARTINEZ. Mr. Chairman, I they do not like wage and hours en- that we use here in Congress, we are move to strike the requisite number of forcement? Why are they hiding behind now ready to give a little more money words. these children? to the IDEA program. Mr. Chairman, I, like the gentleman Mr. Chairman, let me just say I am from Maryland [Mr. GILCHREST], am b strongly opposed to this amendment. I 1130 not going to challenge anybody’s moti- find it cynical and shameful, and I do And I think the amount of money vation. But I guess the Members who wish the gentleman from California that goes to the IDEA program to en- have spoken so far, or at least some [Mr. RIGGS] and others would have sure that the door remains open in our who have spoken so far, when they fought harder in the committee if they public schools for those children, to en- have risen they have justified their wanted to raise the money from $312 sure that the right kind of profes- reason for their position, and it in- million to an additional number, but sionals are hired to deal with those dif- cluded being related to or having some- not try and pit one group against an- ficult problems, to ensure that there is one in their family that has been other. a nurse nearby that knows how to ad- handicapped or has a learning disabil- In fact, frankly, I find the debate on minister to those children, to ensure ity. all these amendments cynical and that the technology is available in the Mr. Chairman, nine brothers and sis- shameful, because instead of coming school so those children can learn and ters. I have 106 nephews and nieces and right out and supporting the issue, have opportunities and some day have grandnephews and grandnieces. I have 5 they are trying to pit one group job opportunities and career opportuni- children of my own, 14 grandchildren, against another. Mr. Chairman, let us ties, it takes a little money. and 2 great grandchildren. And I assure vote this amendment down and move So, Mr. Chairman, in my mind, the my colleagues in that number there on, and let us try and pass this bill. amount of money that is taken away have been those unfortunate children Mr. Chairman, there was an agree- from the wage and hour enforcement is that have had disabilities and needed ment that we were not going to add a very small amount of money. I do not that education. H6936 CONGRESSIONAL RECORD — HOUSE September 5, 1997 Mr. Chairman, I was raised in a for this program. That is not $4 mil- Take a parent, a hopeful parent that neighborhood and at a time that those lion. That is $25 million. is just first married and their whole fu- children were being denied that equal So we saw the gentleman from Illi- ture is ahead of them. Every single day education. So no Member, I think, has nois [Mr. PORTER], the chairman of the a child is born with special education as great compassion for those children Subcommittee on Appropriations, needs, disabilities, whether it is phys- as I do that was raised in that kind of stand and say that he would work as ical or mental. Now, that parent that an environment. So like I say, I will hard as he could to get that money. I had a bright future, whether they were not challenge the motivation, but I would think that Members on that side a homecoming queen or scholar or will challenge the reasoning, and let would trust their own leaders and whatever, is thrust into a nightmare me say why. allow them to do everything they can with a special education child. They do All of those children are being nur- to increase that fund as much as they not know where to go. They have no tured and cared for by someone who is can. idea where to get the help. working and trying to make a living. It Mr. Chairman, let me go back to that That is balanced between the schools’ is important to them that they make mandate that my Republican col- excessive costs and a parent’s need to the kind of wages they need so they leagues keep talking about. That is not help their child. We brought the Con- can take care of those children. a mandate. The gentleman from Cali- gress together in the subcommittee So, Mr. Chairman, I wonder how far fornia [Mr. RIGGS] and I studied this and then in the committee. The gen- does the compassion of my colleagues law considerably over the last few tleman from Pennsylvania [Mr. GOOD- go? For the entire family, or just the years getting ready to come to this bi- LING] on the authorization committee child? Because after all, it is that adult partisan agreement on this bill. We can poured his heart into this bill. The gen- that is responsible for that child. And both tell our colleagues that there is tleman from California [Mr. RIGGS] and where my colleagues may want to see no mandate in there. The States do not others, and Members on both sides of that child get a good education, that have to take that money, but the the aisle, tried to come to an agree- parent wants even more than that for States do have to educate these chil- ment. It was like trying to put a Per- that child, and I do not think we dren. sian cat and a Siamese cat together should be standing in between them Let me tell my colleagues why they when we sat in the committee and and their ability to provide a good liv- have to educate the children. Not be- brought the school groups and the par- ing for themselves and their children cause Congress demanded it, but be- ent groups together, because of the dif- and their families. cause the courts demanded it. There ferent concerns. That is how important taking the was a court case that ruled that these Finally, the gentleman from Penn- money from one area to another is in children were not being educated and sylvania [Mr. GOODLING] put both this particular case, the Wage and that they must be educated by the groups in a room, no food, no water, Hour division. State. So if the mandate comes, it and asked them to come out with a so- Mr. Chairman, let me tell my col- comes from the courts, not from the lution, and they did. It was one that leagues this, that that money that is Congress. The Congress simply took was acceptable and it was balanced, used there is very important. All of the the initiative to make sure that they and yet it was underfunded and ten- budgets of all the agencies have been were in the mix of the effort to try to sions on both sides were very great. cut over the last few years tremen- get these kids educated. That is how But it is a critical issue. dously. They are not operating on sur- this all came about. But the bottom line is whether we pluses; they are operating within the And so, Mr. Chairman, I beg my col- want money to go to labor or we want budget restraints we have given them leagues to consider this. That like my money to go to special education chil- and are working very hard with that colleagues, I would love to see that 40 dren. Our priority, most of us, is to money. They are trying to do more percent that we originally wrote into support the children. Some of my col- with less, is what the theme was. the bill reached. But we wrote that leagues say, what about taking care of What really is a base here is what a into a lot of other bills that we have the parents that are going to raise Member on the other side of the aisle never attained. Head Start, we prom- these children? If my colleagues are said: We have to prove that we can gov- ised full funding for I do not know how really concerned about that, then the ern. Well, Mr. Chairman, my colleagues many years, and we have not reached balanced budget was very important on the other side do not govern by po- that. But as the money would become because it gives them 2 to 6 percent litical philosophy; they do not govern available, we would do everything we more money in their pocket, instead of on dislikes or dislikes for one agency could to make sure that the 40 percent having to send it to the Federal Gov- or the other and in their own selection was obtained. ernment. of one priority or one agency over Mr. CUNNINGHAM. Mr. Chairman, I Welfare reform is more important, other. All of these things are good move to strike the requisite number of and many people opposed it. That is causes and all of these things have words. more important in taking care of those been considered by the Committee on Mr. Chairman, I would like to com- children. But the bottom line is that the Budget in their deliberations. pliment the gentleman from Illinois there is a difference between sending It has been more than 2 years now [Mr. PORTER] and the gentleman from money to labor or sending money to that our subcommittee, the Sub- Wisconsin [Mr. OBEY] for a good bill. I children. committee on Early Childhood, Youth think 99 percent of the bill is on a bi- Let me give an idea. Secretary Reich and Families, with the gentleman from partisan issue, and I think they have was Labor Secretary, and in his last California [Mr. RIGGS] as chairman, we done a great job in bringing the con- book, and I ask my colleagues to be the have been deliberating that IDEA bill. sensus, whether it is breast cancer, judge whether they want the money to In the last Congress it failed because prostate cancer, medical research, and go there or not, and I challenge them we were not able to come to an agree- the rest of it. But sometimes the prior- to read his book. I quote, Secretary ment. Now, finally, we have come to an ities of the committee are a little bit Reich said, there should be no em- agreement on it and we passed out by different, and this is where I disagree ployee or employer that should earn almost unanimous vote a bill that was with the chairman and the ranking mi- more than $200,000. A salary cap. That a compromise bill and everybody shook nority member and support the amend- is socialism. hands on it and thought what a great ment. Let me tell my colleagues why. Second, he said there should be no job we did. Mr. Chairman, I was the subcommit- business other than for the welfare of Mr. Chairman, always in those au- tee chairman on the Subcommittee on the employee, no business for profit. thorizing committees there is a consid- Early Childhood, Youth and Families Now, that is Mao. eration of how much money will be on which many of my colleagues on the And I take a look at what labor has made available. Our chairman of the other side at whom I am looking served done versus small business. When we full committee, the gentleman from when we went through the IDEA bill. say, you are for the working person, Pennsylvania [Mr. GOODLING] got up We have never funded IDEA, special unions only employ about 6 percent, yesterday and got another $25 million education, higher than 7 percent. but yet most of the legislation kills September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6937 small business from the labor unions. b 1145 the leadership of our chairman to Look at the AFL–CIO; they are Federal I know of what I speak here about produce a bipartisan product that we employees. They want bigger govern- the needs that are there. If you really can associate ourselves with, but as I ment which causes higher taxes which want to help special ed teachers, what say, it would not be the bill that I takes more money away from these are you coming around for with this would have written, but one that I am people. And even if they get a mini- chump change, cheap shot $4 million on proud to support the chairman’s lead- mum wage, they cannot make a living a $4.3 billion budget, taking the money ership under the circumstances. with the higher costs. out of what the American people want? Mr. MCINTOSH. Mr. Chairman, will So, Mr. Chairman, when we look at And I am surprised your pollsters did the gentlewoman yield? it, we are talking about money for not tell you that. Ms. PELOSI. Mr. Chairman, the gen- labor or we are talking about money That is family and medical leave. tleman from Indiana [Mr. MCINTOSH] for children and special education, They want it enforced. That is what has had enough time. If he wants more, which has never been funded at higher this department protects, family and he can get it from his own side of the than 7 percent. Now, the committee sat medical leave, overtime, minimum aisle. down and worked in both authorization wage, slave labor, child labor, enforces As you can see, I have lost patience and appropriations on a very balanced the law against employers illegally em- with this exploitation of our bill. If you bill. But this is a case, I think, where ploying immigrants which apparently want to help the children of America, we can set a priority and put our prior- is a big priority for all of you except let us move this bill along, remove all ities with the children. As many of the when it comes time to pay for it. doubt that we can engage in a civil de- others say: This is for the children. Perhaps you were misled in our open- bate with each other. Establish prior- This is where they can put their money ing remarks yesterday when we praised ities. Make the compromises. Come and where their ideas are and put it for the chairman of the committee for the forward with a bipartisan package that the children. bipartisan nature of the presentation will be signed by the President and get Ms. PELOSI. Mr. Chairman, will the of the bill and the cooperation with on with the business of the House in- gentleman yield? which we were able to come to this stead of this political exploitation of a Mr. CUNNINGHAM. I yield to the floor. Perhaps you were misled into bill that is very, very important to the gentlewoman from California. thinking that because we com- future of our country. Ms. PELOSI. Mr. Chairman, the gen- plimented the chairman, it was the bill Mr. GOODLING. Mr. Chairman, I tleman from California [Mr. that each of us would have written on move to strike the requisite number of CUNNINGHAM] said that the choice is be- this side of the aisle. It most certainly words. tween money for the children and is not. But it was a compliment to the Mr. Chairman, I first do want to money for labor. Quite frankly, with chairman that he met the challenges react to two things the gentlewoman all due respect to the gentleman, and before him and was able to reach some just said. She always makes me feel so he knows that I do respect him and compromises. good when I see her because she is al- consider him my friend and colleague It is certainly not a list of the prior- ways so elegant. However, it was the from California, this debate here today ities as I would write the bill, but I re- President’s poll, I think, that the gen- is weird. Maybe my colleagues should spect his priorities. He is the chairman, tlewoman was referring to, before he all go to their offices and watch them- and he did the best he could with what gave his State of the Union Address in selves on television. the Committee on the Budget gave him relationship to education. The CHAIRMAN. The time of the and the immunity that is given to the And, second, I do not pose as a friend gentleman from California [Mr. defense budget. of education. I think I am known as a CUNNINGHAM] has expired. So do not mistake our compliments friend of education. Ms. PELOSI. Mr. Chairman, I move to the chairman as saying this is the But I take this time simply because I to strike the requisite number of bill we would have written, because the want to pay tribute to the chairman of words. priorities would have been quite dif- the subcommittee and to the ranking Mr. Chairman, it is like a stream of ferent if we could have approached this member for their efforts in the area of consciousness. Whatever we think, we from a saner standpoint, from the IDEA. Again, if you were to ask any- can attribute it to anything. It cer- standpoint of the budget. body in the disability community who tainly is not a choice between children It is important, I think, for Members has been fighting for them for 20 years and labor. This is not about that. This to know that this is a few million dol- and not getting very much, I must is about my colleagues on the other lars, $4 million on a budget of $4.3 bil- admit, I am sure they would refer to side of the aisle taking a poll and find- lion. There are 6 million children in me. ing out what everybody in America special education, so we are going to However, in the last 2 years that has knows: That education is important to give them under a dollar each, under changed. For 20 years, I asked the ma- the American people. this cheap-shot amendment, under a jority at that time to put the money Mr. Chairman, for most people in dollar each so that you can all go out where they put the mandates. The America, it is the opportunity for their there and say in Washington, DC, they mandates came from the Federal level, children. And what is also important do not think $3 million is a lot of and therefore, the 40 percent that we for their children is the economic secu- money. It is not compared to the need. promised should have come from the rity of their families. This $4 million, But it is on the worker protection wage Federal level also. I have mentioned or whatever the cut is, is a small and hour line item that this money is many times, it is the greatest expense amount of money, as the gentleman coming out of. that the local school district has and from Wisconsin [Mr. OBEY] said, in So if you want to talk about chil- they do not have any control over it. comparison to the needs that are there. dren, certainly their education is a We changed a lot of that by forcing Let us put our hand in the pocket most critical issue. We must fund it ap- all of those groups into a room and where the money is, if we really want propriately and wisely, but not at the making them come up with some de- to get down to helping children in our expense of the economic security of cent legislation. I realize that in that country. So that the people listening their parents and of their families. legislation, if we get another $1.2 bil- know what is going on here, the Repub- That is why you see an exploitation of lion, we can give some of that relief to licans took a poll. They found out that this Labor-HHS bill. the local school districts. I did not ex- the American people care about edu- Last night we had an amendment on pect to get that overnight. I did not get cation. Welcome to the world of the homeless vets and all night we spoke anything for 20 years. Even combining living. Everybody knows that. about education. It was not germane to with the gentleman from Michigan We have to establish our credentials the issue at hand. It was germane to [Mr. KILDEE] in a bipartisan fashion on around here. I have five children. I the politics of the Republican majority the Committee on the Budget, we got have grandchildren. I have two chil- trying to pose as the champions of edu- nowhere. dren, one daughter, and one son-in-law, cation. So I lose patience after the But in the last 2 years we have made who are special education teachers. committee has worked so hard under great strides. We got $784 million last H6938 CONGRESSIONAL RECORD — HOUSE September 5, 1997 year. We got $240 million this year. they do not mean eliminating vital In the wage and hour, they look at Then I asked them for more and we got protections like the Federal minimum Davis-Bacon. You are always complain- $25 million more. wage and enforcing that minimum ing about Davis-Bacon and how unfair We also got the promise that they wage and enforcing family and medical it is. What this division does is look at will go to the Senate’s figure, if there leave. The Wage and Hour Division’s Davis-Bacon. It says where wages are is any way possible, which is $834 mil- mission is to make sure that we pass fair and where they are not biased, but lion. That is getting us very, very close laws that regard and take into consid- what you want to do is you want to to the $1.2 billion, and if they continue eration basic worker pay and protec- talk out of one side of your mouth the leadership that they have shown tions and that they are respected and about cutting back on Davis-Bacon and thus far, there is no question in my carried out. yet you want to cut out the money mind that in another year we will pass Mr. Chairman, my mother is a seam- from the Wage and Hour Division that that $1.2 billion and we will give that stress. My mother worked in a sweat- looks at that that will make it fair. relief to local districts. shop. She worked at earning pennies, 2 This is a direct assault on American But I do want to make sure that ev- cents a collar. I went to that sweat working families. It is nothing less eryone appreciates what this chairman shop when I was a kid. I watched what than that. Truly, you should be of the subcommittee and this ranking she did. She and other women with ashamed of coming to the floor with member of the subcommittee have their backs bent over sewing machines, this kind of an effort. These are false done in relationship to IDEA. pumping dresses out as fast as they choices that you are asking people to Mr. MCINTOSH. Mr. Chairman, will could so that in fact they could take make. It is wrong to do that. We need the gentleman yield? care of their families. My mother and to be protecting American working Mr. GOODLING. I yield to the gen- those women and those people who families and their children. tleman from Indiana. work there were exploited and so many Mr. HOSTETTLER. Mr. Chairman, I Mr. MCINTOSH. Mr. Chairman, we others were exploited. move to strike the requisite number of have gotten into a debate about weird- I will tell my colleagues that today words. ness and stream of consciousness. Let we have hard-working people out there. Mr. Chairman, for the sake of a civil me interject one fact that I think is They are attempting to stay off of wel- debate, as was earlier mentioned, even important from the report of the gen- fare, to earn a decent wage. They want I will try to keep the tone civil and try tleman from Illinois [Mr. PORTER]; that to raise their kids to be productive and not to come to this debate from such a is, we are talking about $4.3 million. It they want them to be contributing limited vocabulary that refers to it as has been stated that is not a lot for members of society. ‘‘weird.’’ But I would simply say that IDEA, but it is something in the right At a time when we have given tax we did not take a poll on this side be- direction. breaks to the richest corporations in cause we do not need to. It has also been stated that it would this country and at a time, in fact, Long before America heard about gut the wage and labor enforcement when we have done some good about Frank Luntz, they heard about Dick program. But the fact is the report in- giving a tax break to parents to help Morris and they had to hear about dicates that last year’s funding was them be able to keep more of their pay- Dick Morris because someone talking $117 million. It is being increased, if I check in their pockets, what we should to the President about education, that read this correctly; the chairman can not be doing here today is undermining person had to take a poll about edu- correct me if I am misreading the re- their ability to earn that fair paycheck cation because that person sent his port, but it is being increased to $121 in the first place. child to private school. I support IDEA. Other Members here If you want to know about the course million for that line item; $117 million do that. What you are doing here today of education in America, you need to is plenty of dollars to enforce the labor is talking about essentially an increase come to people that send their children standard laws that that department is of about 72 cents, 72 cents, less than a to public school, such as I do, and so I in charge of. I think we should keep dollar. Who are we kidding? Do not do not need to take a poll to hear what that fact in mind as we continue this think we are going to kid the American is happening in education today. What debate. people. We are not kidding anybody is happening in education today is the I thank the gentleman from Penn- over here on this side of the aisle. Federal Government is expanding its sylvania for his efforts on IDEA and for Mr. OBEY. Mr. Chairman, will the influence in education. yielding to me. gentlewoman yield? I was not going to talk about this Ms. DELAURO. Mr. Chairman, I move Ms. DELAURO. I yield to the gen- amendment specifically, but when the to strike the requisite number of tleman from Wisconsin. issue of education and speaking out of words. Mr. OBEY. Mr. Chairman, I would one side of our mouths, I think that Mr. Chairman, let me just pick up, if just like to make the point that, far they are looking at the wrong institu- I can, where my colleague, the gentle- from benefiting Washington bureau- tion. They should look at the White woman from California [Ms. PELOSI] crats, the Wage and Hour Division, House when they talk about speaking left off. In terms of what this debate is through the enforcement of our labor out of one side of their mouths because actually all about and the reading of laws, last year was able to put an addi- they do not know the ills personally of the poll data and the communications tional $132 million in money into the the public school, public education sys- experts, front page of the Washington pockets of workers who had earned tem, and the problems that have been Post or the New York Times in the last that money but were denied it by ex- created by a tremendous Federal bu- couple of days talked about Mr. Frank ploitation. reaucracy that was created in 1980, al- Luntz, Republican consultant, who That is the purpose of this account. most 200 years after the Founders cre- talked about communicating to the Re- This account leverages far more money ated this country by the U.S. Constitu- publicans on how they should approach into the pockets of workers than it tion. issues and what they ought to be say- costs us in the first place, and that is b ing. why it should not be diminished one 1200 Sentences that work particularly dime. If we want to help the children of well: All children deserve a chance at a Ms. DELAURO. Mr. Chairman, the this country, let us put it in the hands quality education; your communica- agenda is clear. It is antiworker. If you of the people that really care about the tions, direct quote, must always focus were concerned about children and children. Last night we heard in this explicitly on one word, children. their families, you truly would be debate that a program in this bill It is a veil, a thinly disguised veil to working to increase funds to pay for re- called whole school reform was created talk about what you want to do for search that will cure these youngsters, as the result of the research of a group children instead of what you really to help with the schools that will edu- of businessmen. Businessmen. I was want to do to workers in this country. cate them, to deal with job training glad that I heard the debate because I What you did not read in your poll and help them to get jobs and to be learned more about whole school re- data is that when Americans talk productive citizens. Yet you will cut form last night than I knew before that about cutting waste and bureaucracy, that off. time. September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6939 But here today we are talking about ask the parents how to educate our Rogan Shuster Taylor (NC) Rogers Smith (MI) Thornberry we cannot hand over the issue of wage children. Let us give them the flexibil- Rohrabacher Smith (OR) Thune and hour compliance to what was ear- ity. Royce Smith (TX) Tiahrt lier referred to as ‘‘loathsome employ- The CHAIRMAN. The time of the Ryun Snowbarger Upton ers.’’ Are these the same loathsome gentleman from Indiana [Mr. Salmon Solomon Wamp Sanford Souder Watkins employers that we are asking to create HOSTETTLER] has expired. Scarborough Spence Watts (OK) education policy in our country? Are (By unanimous consent, Mr. Schaefer, Dan Stearns Weldon (FL) these the same sweatshop owners that Hostettler was allowed to proceed for 1 Schaffer, Bob Stump Weller we are entrusting the future of our Sensenbrenner Sununu White additional minute.) Sessions Talent Wicker children’s education to? Maybe you had Mr. HOSTETTLER. Mr. Chairman, I Shadegg Tauzin Young (AK) different people at your sweatshop yield to the gentleman from Okla- Shimkus Taylor (MS) hearings than you did at your business- homa. NOES—260 men to create education policy hear- Mr. COBURN. Mr. Chairman, just to Abercrombie Gekas Miller (CA) ings. I do not know. I am not a member finalize this, the contrast here is not to Ackerman Gephardt Miller (FL) of that committee, but you can under- hurt people who are working. The con- Allen Gilman Minge stand that. trast here is to fund a program that we Andrews Goodling Mink Last night we heard that there were Baesler Gordon Moakley have mandated to the States to allow Baldacci Green Mollohan problems with title I, from that side. local people to decide what they are Barcia Greenwood Moran (VA) We heard that there were problems doing, to take and force efficiency on Barrett (NE) Gutierrez Morella with title I and that bureaucrats were Barrett (WI) Hall (OH) Murtha bureaucracies and move money from Bateman Hamilton Nadler not actually engaged in the actual cre- Washington to the local school dis- Becerra Harman Neal ation of educational progress in our tricts. That is what this debate is Bentsen Hastings (FL) Nethercutt country and that they had problems about. There is not any ill intention on Bereuter Hefner Oberstar with Goals 2000. So what is the solu- Berman Hilliard Obey anyone’s side. It is saying let us do the Berry Hinchey Olver tion? We bring businessmen into Con- right thing. Let us move direction from Bishop Hinojosa Ortiz gress and ask them how to educate our Washington to the local community, Blagojevich Holden Owens children. And then to evaluate the Blumenauer Hooley Pallone from bureaucrats to local school dis- Boehlert Houghton Pappas process, we ask bureaucrats to evalu- tricts and parents. That is what this Bonior Hoyer Pascrell ate it as a creation of whole school re- debate is all about. Borski Hyde Pastor form. The CHAIRMAN. The question is on Boswell Jackson (IL) Payne There is one entity that is taken out Boyd Jackson-Lee Pelosi the amendment offered by the gen- Brown (CA) (TX) Peterson (MN) of the picture here. We did not ask the tleman from Indiana [Mr. MCINTOSH]. Brown (FL) Jefferson Petri parents how to educate our children. The question was taken; and the Brown (OH) John Pickett We asked businessmen, or loathsome Chairman announced that the ayes ap- Campbell Johnson (CT) Pomeroy employers or sweat shop owners, or Capps Johnson (WI) Porter peared to have it. Cardin Johnson, E. B. Poshard however you want to refer to them RECORDED VOTE Carson Kanjorski Price (NC) today, depending on the day of the Castle Kaptur Quinn month or the debate that we are talk- Mr. MCINTOSH. Mr. Chairman, I de- Clay Kelly Rahall ing about. But the fact is that we did mand a recorded vote. Clayton Kennedy (MA) Rangel A recorded vote was ordered. Clement Kennedy (RI) Reyes not bring parents in. When it comes Clyburn Kennelly Rivers time for us to evaluate the progress of The vote was taken by electronic de- Condit Kildee Rodriguez our children, we are not going to ask vice, and there were—ayes 167, noes 260, Conyers Kilpatrick Roemer not voting 6, as follows: Costello Kim Ros-Lehtinen parents either. Coyne Kind (WI) Rothman What are we going to do? One Mem- [Roll No. 367] Cramer King (NY) Roukema ber said last night, ‘‘We’re going to AYES—167 Cummings Kleczka Roybal-Allard Danner Klink Rush Aderholt Deal Johnson, Sam bring them in for coffee.’’ Well, that is Davis (FL) Knollenberg Sabo Archer DeLay Jones nice if they are coffee drinkers. But if Davis (IL) Kucinich Sanchez Armey Dickey Kasich Davis (VA) LaFalce Sanders they are parents concerned about edu- Bachus Doolittle Kingston DeFazio LaHood Sandlin cation, why do we not ask the parents Baker Dreier Klug DeGette Lampson Sawyer Barr Duncan Kolbe to evaluate the educational progress of Delahunt Lantos Saxton Bartlett Dunn Largent our children? Is that unreasonable? If I DeLauro LaTourette Schumer Barton Ehlers Latham Dellums Lazio Scott gave my colleagues a list of 10 people Bass Ehrlich Lewis (KY) Deutsch Leach Serrano Bilbray Emerson Linder on that side of the aisle or this side of Diaz-Balart Levin Shaw Bilirakis Ensign Lucas the aisle, Members of Congress, Sen- Dicks Lewis (CA) Shays Bliley Everett Manzullo Dingell Lewis (GA) Sherman ators, the President, even teachers or Blunt Fowler McCollum Dixon Lipinski Sisisky administrators, and I placed in there Boehner Gallegly McCrery Doggett Livingston Skaggs Bonilla Gibbons McInnis the term ‘‘parent’’ and asked you who Dooley LoBiondo Skeen Bono Gilchrest McIntosh is most interested in the educational Doyle Lofgren Skelton Brady Gillmor McKeon Edwards Lowey Slaughter progress of our children, I think every- Bryant Goode Mica Engel Luther Smith (NJ) Bunning Goodlatte Moran (KS) one in this Chamber would say it is English Maloney (CT) Smith, Adam Burr Goss Myrick parents. But who have we not asked to Eshoo Maloney (NY) Smith, Linda Burton Graham Neumann Etheridge Manton Snyder develop educational policy in this Buyer Granger Ney Evans Markey Spratt country? Parents. Who have we not Callahan Gutknecht Northup Ewing Martinez Stabenow Calvert Hall (TX) Norwood asked to evaluate the progress of our Farr Mascara Stark Camp Hansen Nussle children in this country? Parents, as a Fattah Matsui Stokes Canady Hastert Oxley Fawell McCarthy (MO) Strickland result of this bill. Cannon Hastings (WA) Packard Fazio McCarthy (NY) Stupak There is a fundamental difference in Chabot Hayworth Parker Filner McDade Tanner Chambliss Hefley Paul America today and that difference is Flake McDermott Tauscher Chenoweth Herger Paxon inside the Beltway and everywhere else Foglietta McGovern Thomas Christensen Hill Pease Foley McHale Thompson in this country. There is a fundamental Coble Hilleary Peterson (PA) Forbes McHugh Thurman Coburn Hobson Pickering difference in how and why and to what Ford McIntyre Tierney Collins Hoekstra Pitts extent our children should be educated Fox McKinney Torres Combest Horn Pombo Frank (MA) McNulty Towns and on what basis we should create Cook Hostettler Portman Franks (NJ) Meehan Traficant that. If you want to do the right thing Cooksey Hulshof Radanovich Frelinghuysen Meek Turner Cox Hunter Ramstad for children, help the children of this Frost Menendez Velazquez Crane Hutchinson Redmond country, as I heard one individual so Furse Metcalf Vento Crapo Inglis Regula Ganske Millender- Visclosky eloquently put it, and you want an Cubin Istook Riggs Gejdenson McDonald Walsh agenda that is clear, then I say, let us Cunningham Jenkins Riley H6940 CONGRESSIONAL RECORD — HOUSE September 5, 1997

Waters Weygand Wynn nois [Mr. PORTER] provided fiscal year tration costs will be cut by one-quarter Watt (NC) Whitfield Yates Waxman Wise Young (FL) 1997 appropriations report language over the next 5 years. There is already Weldon (PA) Wolf that ‘‘encouraged the Health Care Fi- about a 3-month delay in responding to Wexler Woolsey nancing Administration, HCFA, to con- claims requests in Social Security. NOT VOTING—6 sider these claims as timely filed,’’ That is expected to grow to about 9 Ballenger Gonzalez Schiff where the request for a change in sta- months to a year under the budget Boucher Pryce (OH) Stenholm tus was made. agreement that was reached. Unfortunately, this request to the b 1231 So I recognize the legitimacy of the HCFA has not been communicated by gentleman’s concern about this back- Mrs. LINDA SMITH of Washington HCFA to the Medicare contractors. log. I want Members to know with the and Mr. FOX of Pennsylvania changed Mr. Chairman, I would ask the gen- budget deal that Congress signed on to, their vote from ‘‘aye’’ to ‘‘no.’’ tleman from Illinois [Mr. PORTER], we can expect to see a very serious Messrs. BILIRAKIS, WHITE, HUTCH- would he request HCFA to commu- backlog also grow in the Social Secu- INSON, and DICKEY changed their nicate to Medicare contractors that rity area, and I do not think any of us vote from ‘‘no’’ to ‘‘aye.’’ they are encouraged to consider these are going to be very happy with that. So the amendment was rejected. claims as timely filed? I think this The result of the vote was announced might solve the problem. AMENDMENT NO. 21 OFFERED BY MR. RIGGS. as above recorded. Mr. PORTER. Mr. Chairman, will the Mr. RIGGS. Mr. Chairman, pursuant Mr. GEKAS. Mr. Chairman, I move to gentleman yield? to the rule, I offered amendment No. 21 strike the last word. Mr. GEKAS. I yield to the gentleman printed in the RECORD. Mr. Chairman, my purpose in moving from Illinois. The CHAIRMAN. The Clerk will des- to strike the last word is to engage the Mr. PORTER. Mr. Chairman, I want ignate the amendment. distinguished gentleman from Illinois to thank the gentleman from Penn- The text of the amendment is as fol- [Mr. PORTER] in a colloquy on an im- sylvania for bringing this failure in lows: portant portion of the overall bill of communication by HCFA to my atten- which he is the prime mover, and I Amendment No. 21 offered by Mr. RIGGS: tion, which impacts the permanently Page 19, line 19, after the dollar amount, would ask his indulgence to stand with disabled who are no longer able to insert the following: ‘‘(reduced by me for this colloquy. work and are seeking Medicare cov- $9,800,000)’’. Mr. Chairman, I want to thank the erage for their medical claims. I fully Page 44, line 5, after the dollar amount, in- gentleman from Illinois [Mr. PORTER] intended that Medicare contractors be sert the following: ‘‘(increased by for his assistance to disabled Medicare aware of our requests, and thought $19,600,000)’’. claimants in Pennsylvania and in other that they would have been issued a di- Page 44, line 16, after the dollar amount, States that I brought to his attention rective last year about our intention. insert the following: ‘‘(reduced by last year regarding their difficulties I will request HCFA to pass along $9,800,000)’’. with filing deadlines to have their this request to the Medicare contrac- Mr. RIGGS. Mr. Chairman, I want to claims paid. tors who process the change in status indicate to my colleagues that it is un- These Medicare claims involve situa- for the formerly employed disabled and likely as we progress with the debate tions where an individual has been em- will consider these claims as timely on my amendment that I will insist on ployed, for example, at Bethlehem filed. It is our intention that any Medi- a vote, and in fact, I would like to alert Steel, and becomes totally disabled and care claim filed within a year after the gentleman from Illinois [Mr. POR- is no longer able to work. They are for- making a change in status or Medicare TER] and the gentleman from Wiscon- tunate to have employer health care part B enrollment would be considered sin [Mr. OBEY] of my hope and inten- plans as well as Medicare to cover their timely. tion to engage in a colloquy with those health care expenses. I encourage HCFA to issue directives gentlemen. However, there has been a problem to Medicare contractors to make these First, let me explain the purpose of with changing their claim status with status changes effective efficiently my amendment. My amendment is very Medicare contractors once they be- within 30 to 60 days of the request, giv- simple and straightforward. It would come permanently disabled and Medi- ing the contractors such time to verify restore the $19.6 million cut from the care happens to be the primary payer. the correct Medicare status. Disabled Older Americans Act program. If the request for status change takes Medicare claimants should not have to I understand why the appropriators longer than 1 year, Medicare will not wait 6 months for Medicare contractors have decided to make a reduction in pay the claim due to the 1 year timely to act on a request for status change. Older Americans Act program funding. filing deadline. The employer and the Mr. GEKAS. Mr. Chairman, reclaim- I understand, of course, that the Older disabled employee have requested the ing my time, I would ask the chairman Americans Act has not been reauthor- change in the timely manner, and to follow through with that, and I ized for several years now, and it is my through no fault of their own, the Med- know he will. We thank the chairman intention on my watch as the chairman icare contractor has not processed the for his help in this matter. of the Subcommittee on Early Child- I hope the directives issued by HCFA request within a year of the date of hood, Youth and Families, with juris- to Medicare contractors will solve the service. diction over the Older Americans Act, Status change requests take between problems we have heard about from our that we will reauthorize that very im- 4 to 6 months to process by Medicare constituents. portant legislation in this Congress. contractors. This delay results in the Mr. OBEY. Mr. Chairman, I move to inability of the employer and the dis- strike the last word. Mr. Chairman, under my amendment, abled employee to meet timely filing Mr. Chairman, I would just like to I propose to reduce overhead accounts deadlines. note in response to the latest colloquy at the Departments of Labor and Medicare contractors will not accept that there is a very serious backlog Health and Human Services in order to claims for services until the status problem at the Social Security Admin- again restore this $19.6 million in fund- change has been completed. As a re- istration, as well, and I would like to ing for the Older Americans Act, so the sult, the disabled claimant is unable to simply inform the House, if they are programs can be funded for at least the get the claim for medical services paid not aware of it, that the budget agree- current fiscal year level. due to inaction beyond their control. ment which the Congress passed and I would like to go ahead now and Additional delays of 3 to 6 months in the President agreed to has a very un- move to my colloquy before time ex- processing Part B Medicare physician fortunate side effect with respect to pires, but would simply point out that services through Social Security also the extensions of delay in response to the senior population is growing in results in employers and disabled em- requests for Social Security Adminis- America, and so is the need for the ployees not meeting the timely filing tration determinations. It is going to types of senior services provided under requirements. grow substantially. the Older Americans Act. Last year, to address this problem, One of the assumptions in that budg- Mr. Chairman, I would like to engage Mr. Chairman, the gentleman from Illi- et is that the Social Security Adminis- in a colloquy with the gentleman from September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6941

Wisconsin [Mr. OBEY], the distin- Mr. PORTER. Mr. Chairman, I would I am certain the gentleman from Illi- guished ranking member of the sub- intend, as does the gentleman from nois [Mr. PORTER] and I will both pur- committee, and hopefully, the gen- Wisconsin [Mr. OBEY], to do everything sue every reasonable avenue in order to tleman from Illinois [Mr. PORTER], the we can to provide a higher funding minimize that leakage, because we cer- chairman of the subcommittee. level for the Older Americans Act pro- tainly want to see moneys expended to As I have already expressed, I am grams in the conference. deliver services to people, and not to go deeply concerned that the bill before us As the gentleman said, the Senate out the window for no good purpose. today funds some programs for older has been armed in their budget alloca- Mr. CUNNINGHAM. I agree. We can Americans below their current levels, tion with a significantly higher put leverage on those that do abuse it. despite an increased need for the serv- amount of funds to work with, and we The CHAIRMAN. Is there objection ices. We have already heard anecdotal will not know until we get to con- to the request of the gentleman from evidence to that effect in the early ference what the level is for both California [Mr. RIGGS] to withdraw his hearings we have been having in our Houses. But within those numbers, we amendment? subcommittee on reauthorization of will do our very best to fund these im- There was no objection. the Older Americans Act. portant programs. The CHAIRMAN. The amendment of As the gentlemen know, the other the gentleman from California [Mr. b 1245 body has included, I am told anyway, RIGGS] is withdrawn. an increase of over $56 million for Older Mr. RIGGS. Mr. Chairman, I appre- Mrs. LOWEY. Mr. Chairman, I move Americans Act programs in their ver- ciate the gentleman’s sincere inten- to strike the last word. sion of the Labor, Health and Human tions, and with the assurances of the Mr. Chairman, I rise to express my Services and Education spending bill chairman and the ranking member, Mr. concern about the funding levels for for fiscal year 1998; and I understand Chairman, I believe my amendment is the Older Americans Act, as well, in yesterday an amendment was accepted no longer necessary, and I ask unani- this bill. I was unsuccessful in obtain- in the other body to further increase mous consent to withdraw my amend- ing the needed increases in committee, the funding by an additional $40 mil- ment. and I know we worked very hard with lion. Mr. CUNNINGHAM. Mr. Chairman, the chairman and the ranking minority I would like to yield to the ranking will the gentleman yield? member to do so, but I know these pro- member of the full Appropriations Mr. RIGGS. I yield to the gentleman grams do enjoy support in our commit- Committee, as well as the subcommit- from California. tee. tee, to ask whether it is his intention Mr. CUNNINGHAM. Mr. Chairman, if The Senate bill as reported out of to attempt to reach higher funding lev- the chairman and the ranking member committee provided $42 million more els for Older Americans Act programs would allow, if I can enter into a col- than the House did, and I look forward when he goes to conference with the loquy with the gentleman from Wiscon- to working with the chairman and other body. sin [Mr. OBEY] and the gentleman from ranking member, the gentleman from Mr. OBEY. Mr. Chairman, will the Illinois [Mr. PORTER], most of us sup- Wisconsin [Mr. OBEY] to move toward gentleman yield? port the initiative and what the gentle- the Senate levels as we go to these Mr. RIGGS. I yield to the gentleman men are doing, the ranking member vital programs which provide meals from Wisconsin. and the chairman. and other services to seniors to enable Mr. OBEY. Mr. Chairman, I thank I would ask the chairman, the last them to remain independent in their the gentleman for the question. Let me term, in the 104th Congress, the GAO own homes. simply say that every year I have been report came out. These programs have not had a no- on the subcommittee I have attempted The CHAIRMAN. The time of the ticeable increase for quite some time to raise funding levels for these pro- gentleman from California [Mr. RIGGS] and are feeling squeezed. Our senior grams. has expired. centers just do not and cannot meet The Senate has a higher allocation (On request of Mr. CUNNINGHAM, and the demand for services. I visit many of overall for the bill, so they are able to by unanimous consent, Mr. RIGGS was these senior centers, as I know my col- provide more funding than our House allowed to proceed for 1 additional leagues do, and we see the really out- committee is. I certainly in conference minute.] standing work they do, and the need expect to try to move very close to the Mr. CUNNINGHAM. Mr. Chairman, for these services in our communities. Senate position and increase this ac- will the gentleman yield? These seniors have a lifeline in these count significantly. Mr. RIGGS. I yield to the gentleman centers. They provide nutritious meals, I agree with the concerns expressed from California. they provide a place where they can by the gentleman, and that is why I Mr. CUNNINGHAM. There were ex- congregate. I know that, working to- would ask the gentleman to withdraw cessive administrative costs in all gether, we can do better for our sen- his amendment so that we can, in fact, areas under the administration here in iors, and I look forward to working work in conference to achieve the end Washington by the Older Americans with the chairman and the ranking mi- that the amendment has expressed. group, of the 10 different groups. When nority member in the conference to do Mr. RIGGS. Mr. Chairman, reclaim- we ask for funds, I would just like to so. I thank the chairman for his co- ing my time, I thank the gentleman for make sure that the ranking minority operation. his assurances. I understand that the member and the chairman would look AMENDMENT OFFERED BY MR. BLUNT allocation provided to the subcommit- into making sure that the fraud, waste, Mr. BLUNT. Mr. Chairman, I offer an tee, as I have already indicated in de- and abuse that is present in the Older amendment. bate on the previous amendment, has Americans Act is eliminated, and they The Clerk read as follows: required making some tough choices in will do everything they can to reduce Amendment offered by Mr. BLUNT: the bill, but I do hope that the sub- that so we can actually get more Page 17, line 6, after the first dollar committee’s allocation might increase money to them. amount, insert the following: ‘‘(reduced by $11,250,000)’’ during conference with the other body. Mr. OBEY. Mr. Chairman, will the Page 69, line 26, after each dollar amount, I would also like to yield to the gen- gentleman yield? insert the following: ‘‘(increased by tleman from Illinois [Mr. PORTER] to Mr. RIGGS. I yield to the gentleman $11,250,000). ask whether it is his intention also to from Wisconsin. Level-funds OSHA; transfers increase to strive for a higher funding level for the Mr. OBEY. Mr. Chairman, let me Vocational and Adult education. Older Americans Act programs during simply say to the gentleman, as the Mr. OBEY. Mr. Chairman, I reserve a conference on this bill with the other gentleman knows, the Congress does point of order against the amendment. body. not administer the laws, we only pass Mr. BLUNT. Mr. Chairman, this Mr. PORTER. Mr. Chairman, will the them. It is the responsibility of the Ex- amendment, as has been read, transfers gentleman yield? ecutive Branch of government to ad- the increase in OSHA to vocational and Mr. RIGGS. I yield to the gentleman minister them in such a way that we adult education. In the last debate I be- from Illinois. have minimum leakage. lieve I heard the gentlewoman from H6942 CONGRESSIONAL RECORD — HOUSE September 5, 1997

Connecticut [Ms. DELAURO] suggest Mr. OBEY. Mr. Chairman, I withdraw so we would have an agency of the Fed- that we need to challenge the House to my reservation of a point of order, and eral Government that would enforce spend more money on training. This rise in opposition to the amendment. the laws, so workers knew when they amendment meets that challenge, and The CHAIRMAN. The gentleman got up to go to work every morning may be more timely even because of from Wisconsin [Mr. OBEY] is recog- and work 8 or 10 hours, whatever they that challenge, that we spend more of nized for 5 minutes. worked, they would at least be guaran- our money on training. Mr. OBEY. Mr. Chairman, this is an- teed government protection, and seen I think increasing spending in OSHA, other example of an amendment being to it that they performed their duties as opposed to increasing spending in offered which attacks the ability of the in a safe and hazard-free workplace. vocational and adult education, really U.S. Government to protect workers in Mr. Chairman, I would point out that just does not make sense to me, so this the workplace. the OSHA budget that we provided here amendment is to transfer that in- Mr. Chairman, Members of Congress has a 1-percent increase, which is a pit- crease. OSHA would be frozen. OSHA is do not serve in very hazardous jobs. We tance compared to the need in enforc- being studied. There are field hearings may get an occasional threat against ing workplace health and safety. The on OSHA. There is nobody who is a our lives, as a number of us have done, only exception to that is the 12-percent member of this body who does not be- unfortunately, but by and large we do increase that we have for compliance lieve that OSHA needs to be signifi- not serve in very hazardous duty. But I assistance. cantly restructured in the way it does would point out last year, or just 3 With Sylvio Conte, I started the first its job. years ago, some nearly 7 million work- OSHA efforts to see to it that OSHA At the same time, vocational and ers were injured in 1 year on the job, could go into a plant voluntarily, on adult education have been incredibly and some 6,300 workers died on the job. the basis of a request from an em- successful programs that are actually A number of workers died in my dis- ployer, and review what they were funded below the 1997 levels. In a bill trict just last month. I have had four doing and make suggestions about how that funds programs that are not even incidences in the last year of workers they could improve their situation authorized, vocational education and dying in my district on the job. without subjecting the employer to a adult education are funded below last Mr. Chairman, I would point out that fine. year’s levels. I find that unacceptable. the gentleman is adding funding to an We feel that that increase is nec- In fact, as we match these two things account to train workers, but the net essary. together, the best place to ensure effect of his amendment would be to re- The CHAIRMAN. The time of the workplace safety is in training. The duce the safety of the workplace in gentleman from Wisconsin [Mr. OBEY] best place to prevent accidents is be- which those workers are employed. Mr. has expired. fore they happen. The best place to Chairman, I would like to point out (By unanimous consent, Mr. OBEY have workers prepare to be safe work- that in the gentleman’s own State, was allowed to proceed for 2 additional ers is not on the job, but before they there were 155 workplace fatalities last minutes.) get on the job, and vocational edu- year. I would like to point out that in Mr. OBEY. Mr. Chairman, we think it cation has a track record of doing that the gentleman’s own State, there are is important that those employers be effectively. so many inspectors for OSHA that the able to provide or that OSHA be able to This transfer would make sense from average employer would be inspected provide that additional assistance to the training point of view. It freezes once every 235 years. That is hardly employers, so that employers who want OSHA at the 1997 level. With this overload, in terms of inspections. to can voluntarily figure out what they transfer we actually fund vocational There are only 25 OSHA inspectors in can do to make their workplace more education and adult education above the gentleman’s own State to cover safe. the 1997 level. I urge its passage. I that entire State. There were 178,000 It just seems to me that anyone in think when we look at the number of illnesses, workplace-related illnesses this House would like to put more people that work in OSHA, the average and injuries, reported in the gentle- money in the program that the gen- business that is affected by OSHA real- man’s own State last year. tleman is talking about, but I doubt ly can anticipate a visit maybe as in- Mr. Chairman, I do not think that that a majority in this House on either frequently as once every 10 years. That those numbers indicate the wisdom of side of the aisle would want to take the does not ensure workplace safety. reducing the committee recommenda- money from the area the gentleman Well-trained workers do ensure work- tion about the amount of money nec- wants to take it from. place safety. Vocational education essary to protect the health and safety The bottom line, if we are going to money and adult education money get of workers. I take this issue very per- train workers, they have the right to people to work who have not been to sonally. I used to work with asbestos. know that they are going to be work- work before. They increase the skills of My father ran a floor covering business ing in a workplace which is safe and those people who have not been to and a home improvement business. I healthy. OSHA is the agency charged work before. worked with asbestos for 11 years, off with that responsibility. They have On the other hand, OSHA often en- and on, until I found out what Johns some wonderful programs which we courages people not to create jobs, and Manville Corp. had known since 1939 have utilized to increase safety many there are examples probably in every that asbestos caused cancer. times over in the logging industry, a district represented in this House I also at that time smoked three cooperative relationship which they where people keep their employee num- packs of cigarettes a day. I did not worked out, for instance, so loggers bers below 50 just so they will not have know about the synergistic effect of as- who are engaged in one of the most to deal with OSHA. When the OSHA in- bestos and tobacco in terms of geo- hazardous occupations in the country spector comes, it depends on which metrically increasing your chances of can do so a bit more safely. part of the OSHA code that inspector is getting lung cancer. I certainly do now. We should not be cutting back this familiar with on how the inspection I did not know that 40 percent of the appropriation from the committee rec- goes that day. Training, Mr. Chairman, British shipyard workers who had ommendation one dime. This is a gut, is the key to the workplace. It is the worked with asbestos had died of meso- basic requirement that we have to key to workplace safety. thelioma as a result. I certainly know workers in this country. We ought not Leaving these two programs at levels that now. to walk away from it to any degree below 1997 funding in this bill while we The Government had an obligation to whatsoever. increase OSHA funding I think is unac- protect workers like me from hazards b ceptable, so this amendment would rec- like that. They did not. That is why 1300 tify that situation. I urge its passage, my colleague from Wisconsin, a good Mr. PORTER. Mr. Chairman, I move Mr. Chairman. Republican by the name of Bill Steiger, to strike the last word. The CHAIRMAN. Does the gentleman who unfortunately died at a very early Mr. Chairman, I want to first put the from Wisconsin [Mr. OBEY] insist on his age from diabetes, that is why Bill numbers in a little perspective. The in- point of order? Steiger led the fight to create OSHA, crease in the OSHA account overall for September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6943 the next fiscal year in the version of our workers so they can stay in step Americans will not fall for this obvi- the bill that is on the floor is 3.5 per- with changes so they will be ready for ous political cynicism, Mr. Chairman, cent. That is $11.6 million below the the 21st century and do not lose their and neither should my colleagues. We President’s budget request. When the jobs because they are not trained ade- cannot vote to cut OSHA, because cost increases and Federal pay raises quately. OSHA is important to the safety of our are factored in, the amount provided is When I first came to the Congress, I workers. It is important to those who actually a reduction from last year’s requested to serve on the Committee we train as workers. It is important to figure in terms of actual buying power. on Economic and Educational Opportu- the students of this country who are The Federal compliance assistance nities because I believed that is the going to become workers. OSHA is the activities are increased by the sub- most important committee in the backbone for keeping American work- committee and full committee by 22 House of Representatives. I have been a ers safe. percent, while enforcement activities member of that committee for 5 years Mr. OBEY. Mr. Chairman, will the as the gentleman from Wisconsin [Mr. now. I work long and I work hard to gentlewoman yield? OBEY] described them, including the make sure that all American students Ms. WOOLSEY. I yield to the gen- cost of paying for OSHA inspectors, get a world-class education and that all tleman from Wisconsin. would be only 1 percent above fiscal students get the training they need for Mr. OBEY. Mr. Chairman, I would year 1997. Compliance assistance ac- their future and that all workers are simply like to point out, we have heard tivities involve the activities of OSHA trained for the jobs of the future also. a lot about Hudson Foods lately, and working with employers in a coopera- Our students need world-class train- the E. coli contamination which caused tive way and not in a way of providing ing and education. They need that so a number of deaths around the coun- inspections and the heavy hand of Fed- they can get high-skill, high-wage jobs, try. I should point out that OSHA is eral regulation on them. and they need that to ensure that one of the agencies that has deter- Mr. Chairman, I believe that this America remains competitive in the mined just how far from an acceptable amendment, if offered some years ago, global marketplace. Because, of course, norm that plant has been operating. would have been very relevant. I have a vast majority of American students OSHA reviewed that firm’s activities watched OSHA the entire 16 years I become American workers. When they and cited them for 34 different viola- have been on the subcommittee, but are workers, they also require addi- tions, including a number of sanitary most particularly since President Clin- tional training. condition violations. ton became President. I believe that But to that end, Mr. Chairman, it Mr. Chairman, it is no wonder that OSHA is in the process of truly trans- makes absolutely no sense to pit edu- the American public’s health is being forming itself. cation funds against funds that will endangered when corporations like this The President brought in a new di- keep our American workers safe. Fund- are able to produce without having rector named Joe Dear when he took ing for important protections for adequate resources that will enable the office in 1993, and Joe Dear came in American workers must stay intact. agencies that are charged with the re- with the philosophy that OSHA could Funding for OSHA is particularly im- sponsibilities for public health and get a lot more done if they worked portant. Funding for labor is important safety to do their jobs adequately. with employers, rather than worked in general. The CHAIRMAN (Mr. GOODLATTE). against them. Mr. Chairman, we cannot leave The time of the gentlewoman from While it takes a long time for any American workers less safe. OSHA California [Ms. WOOLSEY] has expired. agency, whether it is in the Federal cuts, and by just adding 1 percent it is (On request of Mr. OBEY, and by Government or in the private sector, to a cut, would mean more workplace ac- unanimous consent, Ms. WOOLSEY was change the thinking on-the-ground. I cidents and injuries. Labor cuts will allowed to proceed for 1 additional believe that the thinking has definitely mean more American workers will be- minute.) changed in the leadership in OSHA dur- come vulnerable to workplace discrimi- Mr. OBEY. Mr. Chairman, if the gen- ing the Dear administration, and that nation and to the loss of important tlewoman will continue to yield, it just we are a long way toward having a very workplace protections. They need pro- seems to me that there are so many ex- different OSHA today than we had 5 tections, not only for their own phys- amples where OSHA has not been able years ago. ical safety, their emotional safety, to reach where they needed to in time Mr. Chairman, while normally if I their mental safety, they also need the to protect workers’ health and safety felt the same way about OSHA that I 40-hour work week. and for that matter the public health did 5 years ago, I would support this Mr. Chairman, much of today’s rhet- and safety. I think this amendment amendment and in our mark I would oric will place American workers at ought to be recognized as perhaps well have cut OSHA very severely. I think risk and that is just to make political intentioned, but ill advised. that cutting the money we provide points. That is what this debate is real- Mr. NORWOOD. Mr. Chairman, I would send exactly the wrong message ly about this morning. It is about pit- move to strike the last word. to a new OSHA that is attempting to ting one deserving group of Americans Mr. Chairman, I rise in support of do things in the way we want. against other groups of Americans for this amendment for, I think, some very Mr. Chairman, under those cir- political gain. clear reasons. I would remind or inform cumstances this amendment is simply What my colleagues are offering in the gentleman from Wisconsin [Mr. a mistake. What we want to do is en- this amendment is not about the real OBEY] that OSHA is in charge of health courage OSHA to do better. I think world, because in the real world one and safety in the workplace and per- that we have not given them a large in- group is not separate from another. haps they ought to do a little better in- crease. We are below the President’s re- American workers are not separate spection of their own people, since they quest. That sends our message in the from American students and Ameri- had to close down the OSHA facilities way we want to send it. If we cut below cans that need training. American in West Virginia to Legionnaires dis- that, I am afraid we are going to dis- workers are students. American work- ease. I think they may want to take courage the very things that we are ers are requiring training, but many of care of their own offices first. trying to encourage. Mr. Chairman, I them also expect and insist and need Second, I would remind the gen- would oppose the amendment. and depend upon OSHA for the protec- tleman from Wisconsin that I suppose Ms. WOOLSEY. Mr. Chairman, I tions they need to keep them safe on being in Congress is not hazardous move to strike the requisite number of the job. duty, but I can assure the gentleman words. They need labor protections also, so that if OSHA were to come to this Cap- Mr. Chairman, there is no bigger that they can earn a fair and livable itol, come to Cannon, Longworth, or champion of education and training in wage and that they can go home every Rayburn and do the same inspection this House than I am: Training for our day and their children will know they that they do in the private industry, high school students so they leave high will come home safe. They will know we will be meeting on Pennsylvania school ready and trained for a job that that they are protected because OSHA Avenue, because they would have to pays a livable wage, and training for has been there for them. close these buildings down. H6944 CONGRESSIONAL RECORD — HOUSE September 5, 1997 Mr. Chairman, I want to make it also to redesign work areas in hopes committee will refrain from any fur- very clear that the process of spending that it will help, not that we know it ther restrictions with regard to the de- money should be the prioritization of will help. We do not have the science. velopment, promulgation or issuance of how we spend that money. Recognizing They will be asked to slow assembly an ergonomic standard following fiscal that for 40 years this body has not paid lines and potentially pay for medical year 1998.’’ That means it cannot be much attention to that, if they wanted bills. discussed again and that does not mean to spend it, they borrowed it. But we Private industry, for example, esti- we will have the science. are at a point now where we are not mates that a similar rule proposed by Vote for this amendment. willing to borrow anymore, so we have the California OSHA would cost $3.1 Mr. ENGEL. Mr. Chairman, I move to to prioritize. billion annually just in California. strike the requisite number of words. This amendment is simply asking Other sources estimate the Federal Mr. Chairman, I rise in strong opposi- this: Do we want to cut spending in vo- rule would cost $21 billion to imple- tion to the amendment, and in doing cational education next year by $11 ment. That is with nine zeros. so, I really want to expose it for what million or do we want to increase The CHAIRMAN. The time of the I believe it is. It is a political agenda. spending in OSHA next year by $11 mil- gentleman from Georgia [Mr. NOR- It is part of an all-out assault on orga- lion? Now, that is our choice here, and WOOD] has expired. nized labor and on working men and it is a process of prioritizing. (By unanimous consent, Mr. NOR- women in this country. It is part of a Cutting OSHA back to last year’s WOOD was allowed to proceed for 2 addi- pattern that we have seen in some spending level of $325.7 million is not tional minutes.) quarters here, unfortunately on the Re- exactly closing it down. Are we not all Mr. NORWOOD. Mr. Chairman, OSHA publican side of the aisle, for the past pleased that the growth rate is good in insists that the manual is not for edu- 3 years. this country, interest rates are down, cational purposes, but on enforcement First of all, last year we passed an in- unemployment is down, the stock mar- of a new standard. It is widely regarded crease in the minimum wage which was ket is up, things are going pretty well? as constituting guidelines which are done so kicking and screaming by Well, no small part of that was the belt enforceable under the general duty many Members on the other side of the tightening that working America has clause. They are not kidding. Too aisle with great reluctance. They did done over the last 10 years. Why can we many of those of us who are on the not favor an increase in the minimum never tighten our belt in Federal agen- right committee and are paying atten- wage. cies? Why do we always insist on judg- tion to them; of course they are going The first thing that the GOP did ing the efficiency of an agency by how to enforce these standards. when it controlled this Congress was to change the name of the Committee on many dollars we spend? b 1315 The gentleman from Pennsylvania Education and Labor and purge the [Mr. GOODLING], our chairman in the Therefore, employers will have no word ‘‘labor’’ out of everything from Committee on Education and the choice but to comply with standards the committee and the subcommittee. Workforce, reported before the gen- that we do not understand, nor does We have seen an all-out assault on tleman from Illinois [Mr. PORTER] that the medical community. OSHA. there are lots of problems in OSHA. Mr. PORTER. Mr. Chairman, will the I have been to many of the hearings None of that was mentioned by the gentleman yield? where Members on the other side of the gentleman from Illinois. But there are Mr. NORWOOD. I yield to the gen- aisle proposed to eliminate all kinds of still lots of problems over there. tleman from Illinois. OSHA standards and to eliminate all Why can we not ask them to be more Mr. PORTER. Mr. Chairman, I think kinds of funds for OSHA. We have seen efficient and operate on the $325.7 mil- it is appropriate now, because the gen- them try to cut funding for the Na- lion next year that they did last year, tleman has covered so much of this, tional Labor Relations Board time and until they start dealing with some of that we read into the RECORD exactly time again. This last amendment, the problems? And in the meantime, what we have done on the ergonomics which was defeated, thankfully, was until they solve the problems that have standards. The gentleman from Texas part and parcel of this assault on work- been pointed out many times in over- [Mr. BONILLA] of our subcommittee, ing men and women, trying to cut wage sight by the Committee on Education along with the gentleman from Texas and hour enforcement. and the Workforce, let us spent $11 mil- [Mr. DELAY], took a major lead in this We have seen them try to put back lion on training young men and women area and reached an agreement on company unions with the so-called in this country we need jobs. what OSHA could and could not do in TEAM Act, unions that really would Now, if my colleagues believe that the next fiscal year. not, in my opinion, have the best inter- everything is just hunky-dory at Let me read into the RECORD section ests of America’s workers at heart. OSHA, then I want to make a few 104 of the bill: ‘‘None of the funds made They are trying to eliminate Davis- points. In its latest move to get out an available in this Act may be used by Bacon, which is the prevailing wage in ergonomic standard, OSHA has plans the Occupational Safety and Health Federal contracts, so that people who to put the Ergonomics Technical As- Administration to promulgate or issue are doing these contracts will not get a sistance Manual on the Internet. any proposed or final standard regard- prevailing wage, which in turn would OSHA’s ergonomic guidelines would re- ing ergonomic protection before Sep- hurt union companies right-to-work quire employers to take extreme steps tember 30, 1998,’’ that is for the entire laws they tried to pass. They have to prevent repetitive motion injuries. fiscal year, ‘‘provided that nothing in tried to gut the 40-hour workweek with Well, that may be a good idea, except this section shall be construed to limit all types of comp time and other regu- we do not understand repetitive motion the Occupational Safety and Health lation. injuries. And what I mean by that, we Administration from issuing voluntary So this is part and parcel of an as- could have two Americans, same sex, guidelines on ergonomic protection or sault on organized labor, but more im- same age, doing the same job, working from developing a proposed standard portantly, an assault on working men side by side, and one has a repetitive regarding ergonomic protection: Pro- and women in this country. motion injury and the other does not. vided further, that no funds made One does not have to be a genius to The medical community does not un- available in this Act may be used by understand that we need OSHA stand- derstand that. the Occupational Safety and Health ards. We need a strong OSHA depart- Mr. Chairman, all we are asking for Administration to enforce voluntary ment. We need a strong OSHA. Workers OSHA to do is just be calm until they ergonomic guidelines through section are still being maimed and injured on get the right science and then we can 5.’’ the job. deal with this. If we put the ergonomic I do not think the gentleman has any Let us look at the latest statistics. standard on the Internet, employers worry about fining anyone. In 1993, there were 6,300 workers who are going to be required not only to Mr. NORWOOD. Mr. Chairman, yes, I died from traumatic injuries in Amer- have written plans to prevent these in- do, because they made a deal saying ica on the job and more than 50,000 died juries that they do not understand, but that if we will do that for 1 year, ‘‘The from occupational diseases. Nearly 7 September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6945 million workers in 1993 were injured on Is this good for the workers who take The statistics do not bear it out. And the job. These are American workers, $11 million out of vocational training my colleagues across the aisle, the Democratic, Republican, Independent, and adult training to cut them? numbers that they gave on workplace old, young, men and women. Unfortu- I want to talk about a small town in injuries and fatalities since 1970, these nately, injuries on the job and deaths my district, Campbellsville, KY, popu- are recent reports; is OSHA doing their on the job cut across all kinds of lines. lation 10,000. They just lost 1,400 work- job with those kinds of negative num- On an average day, 154 workers lose ers from a textile company, 1,400 work- bers? I do not think so. their lives as a result of workplace in- ers. Is that good for the workers, and Let us do something to help the juries and illnesses and another 16,000 then to take $11 million out of voca- workers in this country better than are injured. That is one workplace tional training and adult training that what OSHA is doing. death or injury every 5 seconds in could help these displaced workers find Mr. GREEN. Mr. Chairman, I move to America. Should we be cutting back on new jobs? strike the requisite number of words. OSHA funding which protects that and Mr. PORTER. Mr. Chairman, will the I am proud to be here opposing the tries to mitigate against that? I think gentleman yield? amendment because I think the amend- not. Mr. LEWIS of Kentucky. I yield to ment is cynical. Some of us have Workers need more OSHA protection, the gentleman from Illinois. worked for many years to improve vo- not less. OSHA is a small agency that Mr. PORTER. Mr. Chairman, I want cational education funding; and like does not have the funding or staff to to say that we have level-funded the some of my colleagues, I served on the oversee the safety and health of 90 mil- vocational education account and that committee that dealt with vocational lion American workers in 6 million we have not taken anything out of it at authorization, and we worked to make workplaces under its jurisdiction. Fed- all. sure that the funding was there. eral OSHA has only 900 inspectors and Mr. LEWIS of Kentucky. It is $11 mil- Yet on the floor of the House we say on the average it can inspect work- lion less than the 1997 funding. that we are going to give you voca- places, on average once every 87 years. Mr. PORTER. No, Mr. Chairman, it is tional money to be trained, but we are The current OSHA budget, which is 318 level funded. not going to give you a safe workplace. million, amounts to a little more than Mr. LEWIS of Kentucky. Well, Mr. We can train you, but you will be $1 per citizen. Chairman, that was not what I saw. killed on your job. That is what this Even with that, should we not be try- So let us really expose this for what amendment will do. ing to help displaced workers with bet- I have been to the memorial services it is. It is a continued assault by some ter vocational training, better adult for machinists in my district who were Members on the other side of the aisle, training? That is the key. killed on the job site last year. I do not unfortunately some GOP Members, Look at OSHA, a bureaucracy that is know if many of the other Members on against working men and women in out of, basically out of control, if we the other side of aisle have seen what this country. look at some of the horror stories. Rod happens in an industrial-type district. We all want more money for edu- Stewart owns and operates a small Again, this looks like it is a war cation, but again, pitting one group business that manufactures corn against workers who work with their against the other is not the way to go. brooms and cotton mops in Union City, hands because that is where the inju- This does nothing, again, but advance IN; Reit-Price Manufacturing Co., ries are. They are in the trenches, they an agenda which hurts America’s work- which he owns, started by his father in are in the chemical plants and refiner- ers, and I think this ought to be sound- 1900, employs four people. When Indi- ies, they are in the machine shops, ly defeated. ana OSHA inspected his operation 3 they are in the printing companies Mr. LEWIS of Kentucky. Mr. Chair- years ago, even though it was a first- that I used to work at. That is where it man, I move to strike the requisite time inspection, the inspector fined is. Those are people who work with number of words, and I yield to the Mr. Stewart $500 for not having paper- their hands that lose their limbs and gentleman from Georgia [Mr. NOR- work on hand listing hazardous items also their lives. WOOD]. in the shop. Is OSHA doing the best job that they Mr. NORWOOD. Mr. Chairman, I just Well, Mr. Stewart did not need to fill can? Of course not. I went with OSHA want to say to the gentleman from out any paperwork because there was inspectors when they were at my com- New York, this is not an assault on not any hazardous material that he pany and was disillusioned, but I anybody. I, for one, am sort of sick and deals with in his business. When Mr. thought they needed to be better tired of hearing it. Not one of us in this Stewart realized that OSHA considered trained. But they were not. They were room has any clue how the $325.7 mil- many items to be hazardous, even looking for things that I thought were lion was spent last year, whether it though they can be purchased any- not really important enough. Maybe saved one life, how efficiently it was where, in a grocery store or a hardware that is why we need to provide them used; and we do not have a clue wheth- store, he was able to talk the inspector better training and more funding. I er they need another $11 million. We do out of fining him for not having paper- want to increase vocational education know we need another $11 million in work on his Lava hand soap, but he was money, but I do not want to take it vocational education. This is not an as- still fined $500 for other items, such as away from a safe workplace because sault on anybody. a standard oil can WD–40, which can be the United States has one of most dis- Mr. LEWIS of Kentucky. Mr. Chair- purchased at any gas station. mal records of safe workplaces. man, why give OSHA an $11 million Mr. Stewart has not always had just My colleague from Kentucky who raise and take from vo-tech training four employees. He used to have more talked about the loss of jobs because and adult training? Why do that when than 20, but due to foreign competi- the imports do not have to comply I think the statistics that have been tion, particularly from Mexico, seven with regulations; well, if that is what given to us from across the aisle indi- corn broom manufacturers have gone you want to do, we would not have a cate that OSHA has not been doing a out of business this year. That is 400 to minimum wage because around the very good job; if we look at the Na- 500 people who have lost their jobs. world the minimum wage may be a dol- tional Safety Council statistics indi- Mexican importers, they do not have lar a day. They do not have job safety cating that OSHA, since its founding in to absorb the cost of regulatory agen- in some of the countries we have to 1970, has been irrelevant to the long- cies like OSHA. One thousand four compete with. Let us take that debate term decline in workplace fatalities? hundred jobs in my district; $11 million up on something else, on trade issues, Moreover, a 1991 study by the Na- should be going for better training, and not on lowering our standards to tional Bureau of Economic Research better education, job opportunities compete with somewhere else in the found that OSHA regulations signifi- that will allow them to take care of world. cantly reduced productivity and their families. I do not want to lower our standards. growth in the United States, which un- I do not think an $11 million pay I do not want any more job deaths be- doubtedly means a parallel loss in em- raise for OSHA is going to do anything cause OSHA did not go out there and ployment opportunities. that is going to help worker safety. was not able to inspect the plant. I do H6946 CONGRESSIONAL RECORD — HOUSE September 5, 1997 not want to hear of any more chicken 257 years. That is longer than this garten through 12th grade and provides col- plants in North Carolina that keep the country has been in existence. In Ken- lege telecourses to more than half of Ameri- exit doors chained shut, and people die tucky, there were 158 fatalities, 115,000 ca's campuses, making PBS the leading because of that. That is what this injuries, one inspection per workplace source of college-level telecourses. Public amendment is aiming for. every 79 years. That hardly is an agen- Broadcasting does what the market does not. Again, it looks like we are having a cy which is overfunded. It provides superior cultural and children's pro- war against the workers because of the Mr. BENTSEN. Mr. Chairman, I rise to ex- grams free. last amendment and this one; that is press my support for H.R. 2264, the 1998 This legislation also maintains our Nation's what is frustrating. Labor, Health and Human Services, and Edu- commitment to Head Start by fully funding the In 1993, we had 6,300 workers die from cation appropriations legislation, as reported President's request at $4.3 billion for fiscal traumatic injuries and more than 50,000 by the Appropriations Committee. This legisla- year 1998, an 8-percent increase over last died from occupational diseases. On the tion provides important and necessary funding year's level. While many sacrifices have been average day, 154 workers lose their for many important health and education pro- made to balance the budget, I am pleased lives as a result of workplace injuries grams, including the National Institutes of that Congress has continued its support of this and illnesses, and another 16,000 are in- Health [NIH], the Corporation for Public Broad- vital program, which helps prepare millions of jured. casting, Head Start, and Pell grants. I urge my disadvantaged children to succeed in school Again, I represent an industrial dis- colleagues to approve this bipartisan legisla- and throughout their lives. Head Start helps to trict that has people who work with tion without divisive amendments. ensure that children in the most formative their hands in refineries and machine Medical research is an investment that we years of their development get the special at- shops. This amendment again is a cyni- must continue because it is so vital to our tention and nourishment they need to learn cal way to try and say, we are going to quality of life and will yield new treatments for and grow. cut OSHA because we do not like what diseases such as cancer, heart disease, Alz- I am also pleased that this legislation pro- they are doing somewhere else. heimer's, and AIDS. This legislation provides vides $9 billion for student financial assist- Let us give them some guidance, but $13.5 billion for the NIH, an increase of 6 per- ance, including $7.4 billion in Pell grant fund- not cut their funding. Let us put more cent over last year's budget. It is noteworthy ing for the 1998±99 academic year, a 26-per- inspectors out there, who are better that Congress has included more than an in- cent increase from fiscal year 1997. The bill trained, to make sure we can lower the flationary increase for the NIH for the third increases the maximum Pell grant award from number of deaths in our workplace. year in a row, even as we seek to balance the its current level of $2,700 to $3,000. The Pell Federal budget. In 1995 the majority part b 1330 grant provisions in this bill, coupled with the passed a budget which would have cut NIH by higher education tax credits included in the tax Again that is what is frustrating to 5 percent. I and other opposed that provision relief portion of the balanced budget agree- hear, an amendment like this today, and ultimately we prevailed. We must ensure ment, will make a college education more ac- Mr. Chairman. at least the level of NIH funding in H.R. 2264 cessible and affordable so students can obtain Mr. BLUNT. Mr. Chairman, will the as the appropriations process moves forward. the education and skills needed to succeed in gentleman yield? As the representative for the Texas Medical our global, high-technology economy. Mr. GREEN. I yield to the gentleman Center, one of our Nation's premier medical Because of these and other vital programs, from Missouri. education and research centers, I know first- this legislation in its current form merits a Mr. BLUNT. I thank the gentleman hand of the importance of NIH funding for strong, bipartisan vote of support. Let's avoid for yielding. First, I would just like to medical research projects. Over the last 5 divisive amendments and pass this important point out that this amendment does years, the Texas Medical Center has received legislation. not discuss OSHA funding. It leaves the more than $2 billion in grants from the NIH Mr. DELAHUNT. Mr. Chairman, I rise on be- funding for OSHA at the same place it and other Federal agencies. From this invest- half of the appropriations bill which Chairman is this year. ment, cutting edge medical research and dis- PORTER has brought before this Chamber. Mr. GREEN. Mr. Chairman, reclaim- coveries have been made. For instance, some This legislation was carefully crafted to restor- ing my time, that worries me because of the major discoveries at the Texas Medical ing bipartisan priorities for Federal health, we have not seen a lessening of injuries Center include the DeBakery roller pump, a labor, and education policy, and deserves the on the job. Maybe what we need to do major component of the heart-lung machine enthusiastic support of this House. is make OSHA better by providing which is now used in open-heart surgery I also want to draw particular attention to a more funding for training of those in- around the world; the first artificial heart and small provision which has enormous implica- spectors and more inspectors to go out successful heart transplant surgery by Dr. tions for many communities across the Nation, and inspect those sites. As the gen- Denton Cooley, the gamma-knife diagnostic including the town of Bourne, on Cape Cod, in tleman from Wisconsin, the ranking machine to treat brain disorders at Hermann my congressional district. member, said, there are only 900 OSHA Hospital; and the first approved gene therapy As many of my colleagues know, the impact inspectors and they inspect the average for lung cancer condjucted at M.D. Anderson aid program was created in 1950 to ensure workplace once every 87 years. We need Cancer Center. All of these treatments are compensation to local communities for at least to do a better job. possible because of our continued investment part of the cost of educating children of fami- Mr. OBEY. Mr. Chairman, will the in the National Institutes of Health. lies associated with military bases or other gentleman yield? I am also pleased that this legislation would Federal installations. Mr. GREEN. I yield to the gentleman provide $300 million for the Corporation for On reliance of that assurance, cities and from Wisconsin. Public Broadcasting [CPB]. CPB is an asset to towns have expended considerable sums to Mr. OBEY. I thank the gentleman for children and families throughout the Nation. educate these kids. The Federal formulas yielding. I would simply point out to The quality and variety of educational, infor- were never even close to covering the actual the gentleman from Missouri, my un- mational, and cultural programming found on educational costs, but for awhile there was at derstanding is that Hudson Foods of public broadcast stations cannot be found any- least lipservice to the commitment. now notorious fame is from his State. where else on radio or television. Public For the past dozen years, however, Wash- OSHA had to cite them because their broadcast stations are among a limited selec- ington has done all it can to abandon its obli- place of employment was not kept tion of stations that cater to a large number of gations altogetherÐwhile towns like Bourne clean and orderly or in a sanitary con- locally originated programs. In addition, public have struggled under the weight of these extra dition. Drainage was not maintained broadcast stations in rural and underserved financial burdens. where wet processes were used. That is urban areas greatly depend on federal funds The irony is that, as impact aid communities the kind of problem that creates a haz- for their economic base. do their best to maintain opportunity for feder- ard to not only workers but to the en- CPB provides services that reach out to ally connected students, now 15 percent of the tire country as was demonstrated. people of all backgrounds and ages through- student population, the quantity and quality of The previous speaker from Georgia, I out the country. CPB plays an essential role in school services inevitably suffer. In 1 year would point out, there were 249 fatali- our educational and cultural growth as a na- alone, Bourne was forced to lay off 74 school ties in the workplace in his State last tion. For example, the Public Broadcasting employees. year, 200,000 injuries, and the average Service is the leading provider of classroom And when Washington saves, Bourne workplace is inspected now once every video programming for all grades from kinder- paysÐin the form of increased local property September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6947 taxes to defray the increased expenses, which the committee is supporting this provision of low-income students would be eligible for up compromise a substantial portion of the town's my bill, H.R. 953. to $3,000 a year in Federal Pell grants. To school budget. It is time we take serious action to develop meet this new Pell grant maximum the bill in- Local communities are perplexed at a Con- an early detection screening test for ovarian creases funding for Pell grants by $1.5 billion. gress which decries unfunded mandates, but cancer and I applaud the committee for their For the academic year 1998±99 a total of $7.4 then shrugs its shoulders year after year at support. billion will be provided for Pell grants. this direct, and regressive, hit on the local tax H.R. 2209 also includes $2 million for Han- I would like to express my support for the base. In all, the town of Bourne has sub- sen's Disease Payments to Hawaii for the $2 million allocated for the Women's Edu- sidized the cost of educating federally related care of Hansen's disease patients who con- cation Equity Act. In the past the majority has students to the tune of $7 million. tinue to live at Kalaupapa, Molokai. sought to eliminate this program, which I au- I rise today, however, to suggest that, Authorized under Public Law 82±411 and thorized in 1974. Last year we were able to through the work of impact aid towns across later Public Law 99±117, the Federal Govern- restore WEEA funding through a floor amend- the country, and the assistance of Chairman ment has provided payments for health care ment. I am pleased the committee included PORTER, there is some hope. After a decade- and other support services for the Hansen's WEEA funding in its bill this year. long decline, this bill would increase impact disease patients at Kalaupapa and additional While this bill generally moves us in a more aid funding levels for the 2nd year in a rowÐ outpatients at other facilities in Hawaii since positive direction in terms of spending on $66 million more for fiscal year 1998. 1954. Federal funding is an important supple- human resources in our country, there are This increase, which restores program fund- ment to the State's overall efforts to serve and some important areas of concern. ing to its 1979 level, will not cover all current provide for these individuals. I am deeply disappointed that the committee impact aid costs, much less retroactive obliga- The Hansen's disease program in Hawaii did not include funding for the Native Hawaiian tions. However, it suggests that we are decid- supports approximately 400 individuals. Most Education Act. In existence for about 10 years ing, for the year to come, to do no more are served through the Hale Mohalu Hospital the Native Hawaiian Education Act funds pro- harmÐand for that, at least, 1,800 school dis- in Honolulu and through outpatient services. grams dedicated to improving educational op- tricts across America are grateful. However, about 60 individuals reside at portunities for native Hawaiians. In was estab- Mrs. MINK of Hawaii. Mr. Chairman, the Kalaupapa, a remote peninsula on the island lished as part of the Federal Government's ef- Labor-HHS-Education appropriations bill rep- of Molokai which was designated in the mid- fort to fulfill its trust responsibility to the native resents in my estimation the most important 1800's as the place of banishment for individ- Hawaiian monarchy in 1893. Federal spending bill we consider each year. uals with Hansen's disease. Since 1921 the Federal Government has ac- It represents our investment in the human Over the years, Kalaupapa has become a knowledged its responsibility to assist in the capital of this countryÐour investment in edu- place of comfort and tranquility for the pa- rehabilitation of the native Hawaiian people cation, employment, and the health and well- tientsÐa home that they have grown to love. and work toward improvement of their edu- being of our people. The Federal Government made a commitment cation, economic, and health status. The bill before us, H.R. 2264, is a significant to the patients that they will be allowed to live Fifteen million dollars provided in fiscal year improvement over Labor-HHS-Education ap- out their lives at Kalaupapa. These Federal 1997 for the Native Hawaiian Education Act propriation bills we have seen the majority re- funds help to fulfill this promise. went to support six specific programs includ- port out of committee over the last 2 years. I want to thank Chairman PORTER for his ing, family-based early childhood centers, a This bill includes increase funding in priority willingness to continue funding for this pro- higher education scholarship program, a Na- areas such as health research at the National gram, and the effort he has made in the last tive Hawaiian Gifted and Talented Program, a Institutes of Health, job training, and education 2 years to assure that Federal support for special education program, curriculum devel- programs. This, I believe, is a direct result of Hansen's disease patients at Kalaupapa will opment and teacher training program, and the persistence of our President and congres- continue. community-based education centers. The sional Democrats in protecting several key I would also note that funding for the Native President requested continued funding at $15 spending areas during budget negotiations Hawaiian Health Care Act would be continued million. I am very concerned that the commit- earlier this year. under the $826 million allocated for the Con- tee did not include this funding in its bill. I am pleased that the bill includes increased solidated Health Centers. The Native Hawaiian I sincerely hope the committee will recon- funding for the National Institutes of Health by Health Care Act enacted in 1988 established sider its decision and concur with the Senate $764 million and that nearly $124 million of health care systems on each island in the and fund the Native Hawaiian Education Act this amount will be directed to increases for State of Hawaii to address the significant programs. the National Cancer Institute. With language health care needs of the native population in Mr. BEREUTER. Mr. Chairman, this Mem- included in the committee report listing ovarian our State. ber would like to commend the distinguished cancer as a research priority, I am confident On the education front the bill includes gentleman from Louisiana [Mr. LIVINGSTON], that a portion of this increase will go to en- $32.1 billion for education programs, a $3.2 the chairman of the Committee on Appropria- hance efforts in ovarian cancer early detection billion increase over fiscal year 1997 appro- tions, the distinguished gentleman from Wis- and prevention research. priations. consin [Mr. OBEY], the ranking member of both This year 26,800 American women will be Priority items outlined by the President and the full committee and the Subcommittee on diagnosed with ovarian cancer. It is truly dis- congressional Democrats do well in this bill. Labor, Health and Human Services, and Edu- heartening that most of them will be diag- Head Start, the early childhood education pro- cation and the distinguished gentleman from nosed too late and fewer than half of them will gram for low-income children, is increased by Illinois [Mr. PORTER], the chairman of the sub- survive 5 more years. Why? Because there is 8 percent which brings the funding total to committee, for their exceptional work in bring- no early detection screening test for ovarian $4.3 billion. We have heard so much this year ing this bill to the floor. cancer. Because although the 5-year relative about the importance of the preschool years in Mr. Chairman, the fiscal year 1998 Labor, survival rate for ovarian cancer is 92 percent the development of a child's brain. We now Health and Human Services Appropriations when detected early, only a quarter of all know that the Head Start Program, estab- Act contains several provisions regarding im- cases are detected early. lished over 30 years ago to provide disadvan- portant rural health programs which benefit For the last 7 years I have fought hard for taged children with opportunities for early rural communities across the Nation, as well increases in ovarian cancer research. We childhood education, was light years ahead of as continued funding for the Ellender Fellow- have successfully increased funding from its time and on the right track. ships. around $8 million in 1989 to close to $40 mil- This bill also funds a 5-percent increase in Regarding rural health funding, this Member lion this year. Funding available in this bill will the title I program for disadvantaged children would like to specifically mention two pro- allow us to progress even further. in elementary and secondary schools. Bilin- grams which this Member strongly supports The committee specifically calls for a spe- gual education and immigrant education is in- and has expressed this support together with cialized program of research excellence creased by 35 percent with funding at a total other Members of the House Rural Health [SPORE] for ovarian cancer, a concentrated of $354 million. Impact aid funding to help Care Coalition to the subcommittee. These research initiative that has been successful in States provide education to military children is programs are Rural Outreach Grants, and the other research ares such as breast, lung, and increased from $796 million in fiscal year 1997 National Health Service Corps. prostate cancer. Legislation I introduced in the to $862 million. This bill includes $27.8 million for Rural Out- 104th and 105th Congresses directs the NCI The bill also provides a $300 increase in the reach Grants, which is the same as the fiscal to establish such a program. I am pleased that maximum award for Pell grants. This means year 1997 level and $2.7 million above the H6948 CONGRESSIONAL RECORD — HOUSE September 5, 1997 amount requested by the President. This im- struct offered by the gentleman from Shaw Strickland Turner Shays Sununu Upton portant program supports projects that provide Ohio [Mr. TRAFICANT] on which further Sherman Talent Walsh health services to rural populations not cur- proceedings were postponed and on Shimkus Tanner Wamp rently receiving them and that enhance access which the ayes prevailed by voice vote. Shuster Tauscher Watkins to existing services. The Clerk will re-report the motion. Sisisky Tauzin Watts (OK) Skeen Taylor (MS) Weldon (FL) The National Health Service Corps receives The Clerk read as follows: Smith (MI) Taylor (NC) Weldon (PA) $120 million in this bill, which is a $4.6 million Mr. TRAFICANT moves that the conferees on Smith (NJ) Thomas Weller increase above both the fiscal year 1997 level the part of the House on the bill, H.R. 1119, Smith (OR) Thornberry Wexler be instructed to insist upon the provisions of Smith (TX) Thune White and the amount requested by the President. Snowbarger Thurman Wicker One of the top health care concerns in rural section 1032 of the House bill relating to the Souder Tiahrt Wise America is the shortage of physicians and assignment of Department of Defense person- Spence Towns Wolf other health professionals due to the difficul- nel to Border Patrol and control. Stearns Traficant Young (FL) ties rural areas have in attracting and retaining RECORDED VOTE NOES—150 primary health care professionals. The NHSC The SPEAKER pro tempore. A re- Abercrombie Ford Mollohan program addresses this need by providing corded vote has been demanded. Ackerman Fowler Moran (VA) scholarships to, and repays loans of, primary A recorded vote was ordered. Allen Frank (MA) Murtha care professionals in exchange for obligated The vote was taken by electronic de- Baldacci Frost Nadler Barrett (WI) Furse Neal services in a health professional shortage area vice, and there were—ayes 261, noes 150, Becerra Gejdenson Obey [HPSA]. not voting 22, as follows: Bentsen Gephardt Olver The program also provides matching grants [Roll No. 368] Berman Green Ortiz Berry Gutierrez Pastor to States for a loan repayment program. AYES—261 Blagojevich Hamilton Paul These incentives for health professionals and Aderholt Foley Maloney (NY) Blumenauer Hastings (FL) Payne physicians to serve in rural areas are greatly Andrews Forbes Manton Bonilla Hayworth Pombo needed. Archer Fox Manzullo Bonior Hefner Pomeroy Borski Hilliard Rangel This Member is also pleased that H.R. 2264 Armey Franks (NJ) Martinez Bachus Frelinghuysen Mascara Brown (CA) Hinchey Reyes includes $1.5 million for Ellender fellowships. Baesler Gallegly McCarthy (NY) Brown (FL) Hinojosa Rodriguez Earlier this year, this Member testified before Barcia Ganske McCrery Brown (OH) Hooley Rothman Barr Gekas McDade Buyer Houghton Roybal-Allard the subcommittee regarding this important pro- Cannon Hoyer Rush gram. This amount is the same as the fiscal Barrett (NE) Gibbons McHugh Bartlett Gilchrest McIntosh Capps Jackson (IL) Ryun year 1997 level, even though the President's Barton Gillmor McIntyre Cardin Jackson-Lee Sabo budget did not include any funds for the ex- Bass Gilman McKeon Carson (TX) Sanders Chenoweth Jefferson Sawyer traordinarily valuable citizen education pro- Bateman Goode McNulty Bereuter Goodlatte Metcalf Clay Johnson (WI) Scott gram for American high school students. The Bilbray Goodling Mica Clayton Johnson, E. B. Serrano Ellender fellowships are used to enable low-in- Bilirakis Gordon Minge Clyburn Kanjorski Sessions Bishop Goss Moakley Conyers Kennedy (MA) Skaggs come students to participate in the highly suc- Coyne Kennedy (RI) Skelton cessful Washington Close Up Program. Bliley Granger Moran (KS) Blunt Greenwood Morella Crapo Kennelly Slaughter Each year the Close Up Foundation awards Boehlert Gutknecht Myrick Davis (FL) Kildee Smith, Adam thousands of Ellender fellowships, which in- Boehner Hall (OH) Nethercutt Davis (IL) Kleczka Snyder DeFazio Kolbe Spratt cluded 3,942 students during the 1995±96 Bono Hall (TX) Neumann Boswell Hansen Ney DeGette Lampson Stabenow school year. Nationally, since 1971 over Boyd Harman Northup Delahunt Lewis (GA) Stark 480,000 students and teachers have partici- Brady Hastert Norwood DeLauro Linder Stokes Bryant Hastings (WA) Nussle Dellums Lofgren Stump pated in the Washington Close Up Program. Dingell Lucas Stupak Almost 94,000 of those participants received Bunning Hefley Oberstar Burr Herger Owens Dixon Markey Thompson full or partial fellowships. Burton Hill Oxley Doggett Matsui Tierney Again, Mr. Chairman, this Member com- Calvert Hilleary Packard Dooley McDermott Torres ´ mends the distinguished gentleman from Ohio Camp Hobson Pallone Doolittle McGovern Velazaquez Campbell Hoekstra Pappas Edwards McHale Vento TOKES [Mr. S ], the chairman of the subcommit- Canady Holden Pascrell Ehlers McInnis Visclosky tee, and the distinguished gentleman from Castle Horn Paxon Engel McKinney Waters Wisconsin [Mr. OBEY], the ranking member of Chabot Hostettler Pease Evans Meehan Watt (NC) Farr Meek Weygand both the full committee and the subcommittee Chambliss Hulshof Peterson (MN) Christensen Hunter Peterson (PA) Fattah Menendez Whitfield for their continued support of these important Clement Hutchinson Petri Fazio Millender- Woolsey programs. Coble Hyde Pickering Filner McDonald Wynn Mr. PORTER. Mr. Chairman, I move Coburn Inglis Pickett Flake Miller (CA) Yates Foglietta Mink that the Committee do now rise. Collins Jenkins Pitts Combest John Porter NOT VOTING—22 The motion was agreed to. Condit Johnson (CT) Portman Accordingly the Committee rose; and Cook Johnson, Sam Poshard Baker Lewis (CA) Schiff the Speaker pro tempore (Mr. PEASE) Cooksey Jones Price (NC) Ballenger Lipinski Smith, Linda having assumed the chair, Mr. Costello Kaptur Quinn Boucher McCarthy (MO) Solomon Cox Kasich Radanovich Callahan McCollum Stenholm GOODLATTE, Chairman of the Commit- Cramer Kelly Rahall Everett Miller (FL) Waxman tee of the Whole House on the State of Crane Kilpatrick Ramstad Gonzalez Parker Young (AK) the Union, reported that that Commit- Cubin Kim Redmond Graham Pelosi Cummings Kind (WI) Regula Istook Pryce (OH) tee, having had under consideration Cunningham King (NY) Riggs the bill (H.R. 2264) making appropria- Danner Kingston Riley tions for the Departments of Labor, Davis (VA) Klink Rivers b 1359 Health and Human Services, and Edu- Deal Klug Roemer DeLay Knollenberg Rogan Messrs. STUPAK, KOLBE, cation, and related agencies, for the Deutsch Kucinich Rogers CLYBURN, CANNON, DOOLITTLE, fiscal year ending September 30, 1998, Diaz-Balart LaFalce Rohrabacher and POMBO changed their vote from and for other purposes, had come to no Dickey LaHood Ros-Lehtinen Dicks Lantos Roukema ‘‘aye’’ to ‘‘no.’’ resolution thereon. Doyle Largent Royce Ms. HARMAN, Mrs. MALONEY of f Dreier Latham Salmon New York, Mr. ANDREWS, Ms. DUNN, Duncan LaTourette Sanchez MOTION TO INSTRUCT CONFEREES Dunn Lazio Sandlin and Mr. MCDADE changed their vote ON H.R. 1119, NATIONAL DEFENSE Ehrlich Leach Sanford from ‘‘no’’ to ‘‘aye.’’ AUTHORIZATION ACT FOR FIS- Emerson Levin Saxton So the motion was agreed to. English Lewis (KY) Scarborough CAL YEAR 1998 Ensign Livingston Schaefer, Dan The result of the vote was announced The SPEAKER pro tempore. The un- Eshoo LoBiondo Schaffer, Bob as above recorded. Etheridge Lowey Schumer finished business is the demand for a Ewing Luther Sensenbrenner A motion to reconsider was laid on recorded vote on the motion to in- Fawell Maloney (CT) Shadegg the table. September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6949 REMOVAL OF NAME OF MEMBER tive business for the week. The House decision on that bill. We expect them AS COSPONSOR OF H.R. 856 will meet on Monday, September 8, at to take final action either Monday or Mr. STUMP. Mr. Speaker, I ask 12:30 p.m. for morning hour, and at 2 Tuesday. unanimous consent to have my name p.m. for legislative business. Members Mr. MILLER of California. Mr. removed as a cosponsor of H.R. 856. should note that no recorded votes will Speaker, will the gentleman yield? The SPEAKER pro tempore (Mr. be held before 7 p.m. on Monday night. Mr. FAZIO of California. I yield to Pease). Is there objection to the re- Just after 2 p.m. on Monday, the the gentleman from California. quest of the gentleman from Arizona? House will consider the following three Mr. MILLER of California. Mr. There was no objection. suspensions: H.R. 976, the Mississippi Speaker, if I might ask a couple of questions, one is, my understanding is f Sioux Tribes Judgment Fund Distribu- tion Act of 1997; H.R. 700, a bill regard- that with respect to the current appro- RESIGNATION AS MEMBER OF ing the Agua Caliente Band of Cahuilla priations bill that is under consider- COMMITTEE ON THE BUDGET Indians; and we will take up the Senate ation, on Monday we will only do title The SPEAKER pro tempore laid be- amendment to H.R. 1866, Need-Based I. Hopefully, we will finish title I. fore the House the following resigna- Educational Aid Antitrust Protection If for some reason we finish title I tion as a member of the Committee on Act of 1997. early, title II and title III will be car- the Budget: In consultation with the minority, ried over and will be begun on Tuesday; we have agreed to resume consider- is that right? SEPTEMBER 4, 1997. Hon. NEWT GINGRICH, ation of amendments to title I of the Mr. HASTERT. Mr. Speaker, if the The Speaker, House of Representatives, Wash- Labor–HHS appropriations bill on Mon- gentleman will yield further, the ington, DC. day evening. Debate will be between 6 agreement we have and that we will DEAR MR. SPEAKER: Effective immediately and 10 that evening. As I mentioned follow is we will do title I and hold I do hereby resign my assignment on the earlier, we do not expect any votes over other titles until Tuesday. Committee on the Budget to take a new as- until 7 p.m. on Monday, September 8. Mr. MILLER of California. If I might signment on the Committee on Banking and On Tuesday, September 9 and the re- ask another question, once again ab- Financial Services. sent from the agenda is any reference Sincerely, mainder of the week, the House will BRAD SHERMAN, consider the following bills, both of to campaign finance reform. Can the Member of Congress. which will be subject to a rule: H.R. gentleman tell us what might be sug- The SPEAKER pro tempore. Without 2267, Commerce, Justice, State and the gested there for either next week or objection, the resignation is accepted. Judiciary Appropriations Act for fiscal the remainder of the session? There was no objection. year 1998; and H.R. 2378, Treasury, Mr. HASTERT. I am not prepared at Postal Service Appropriations Act for this time to tell the gentleman. We f fiscal year 1998. have no definite answer to that specific ELECTION OF MEMBER TO COM- Mr. Speaker, meeting times for next question. MITTEE ON BANKING AND FI- week are as follows: On Tuesday, Sep- Mr. MILLER of California. If the gen- NANCIAL SERVICES tember 9, the House will meet at 9 a.m. tleman would continue to yield, I Mr. FAZIO of California. Mr. Speak- for morning hour and 10 a.m. for legis- would just want to say that in that er, I offer a resolution (H. Res. 221) and lative business; on Wednesday, Septem- case, Members should expect to have a I ask unanimous consent for its imme- ber 10, and Thursday September 11, the continuation of procedural and other diate consideration. House will meet at 10 a.m. There will votes being called throughout next The Clerk read the resolution, as fol- be no legislative business and no votes week in an effort to try and get the lows: on Friday, September 12. leadership to tell us when and how Mr. Speaker, next Wednesday, Sep- they are going to address campaign fi- HOUSE RESOLUTION 221 tember 10, the White House will be nance reform before we adjourn. Resolved, That the following named Mem- hosting the annual congressional pic- So Members ought to expect that bers be, and that they are hereby, elected to the following standing committees of the nic. Members should be assured that we some of those votes may come without House of Representatives: will have our last vote by approxi- notice. To the Committee on Banking and Finan- mately 6 p.m. that evening, so Mem- Mr. FAZIO of California. Reclaiming cial Services, the following Member: Brad bers and their families can join the fes- my time, I yield to the gentleman from Sherman of California. tivities. Texas, the majority whip, [Mr. DELAY]. The SPEAKER pro tempore. Is there Mr. FAZIO of California. Mr. Speak- ANNOUNCEMENT OF THE PASSING OF MOTHER objection to the request of the gen- er, reclaiming my time, let me ask the TERESA tleman from California [Mr. FAZIO]? gentleman, that date of September 10 Mr. DELAY. I was just informed that There was no objection. is also the date at which time the eth- Mother Teresa passed away. I would The resolution was agreed to. ics moratorium, most recent, expires. ask that we suspend for a moment of A motion to reconsider was laid on Would the gentleman indicate to us silence in the memory of Mother Te- the table. whether he believes the ethics reform resa, who has done so much for so f package is going to be brought to the many people around the world. full House next week, or will there be The SPEAKER pro tempore. Mem- LEGISLATIVE PROGRAM some effort to extend that ongoing bers will rise. The House will recognize (Mr. FAZIO of California asked and moratorium? the passing of Mother Teresa with a was given permission to address the Mr. HASTERT. Mr. Speaker, at this moment of silence. House for 1 minute.) time we are having discussions within f Mr. FAZIO of California. Mr. Speak- our conference. I am not prepared to er, I ask for this time in order to in- answer that either yes or no. By early EXPRESSING SENSE OF CONGRESS quire from my friend and distinguished next week we should make a valid deci- REGARDING TERRORIST BOMB- colleague, the gentleman from Illinois sion on that. ING IN JERUSALEM ON SEPTEM- [Mr. HASTERT], what the schedule for Mr. FAZIO of California. Would the BER 4, 1997 next week would be. gentleman give us the latest status of Mr. GILMAN. Mr. Speaker, I ask Mr. HASTERT. Mr. Speaker, will the the rule on the commerce bill? I under- unanimous consent that the Commit- gentleman yield? stand there is that very contentious tee on International Relations be dis- Mr. FAZIO of California. I yield to issue of the census and the method by charged from further consideration of the gentleman from Illinois. which it is taken. Is there a current en- the concurrent resolution (H. Con. Res. Mr. HASTERT. Mr. Speaker, I thank couragement that we will have a rule 146) expressing the sense of the Con- the gentleman from California for that can be broadly supported on that gress regarding the terrorist bombing yielding. bill? in Jerusalem on September 4, 1997, and Mr. Speaker, I am pleased to an- Mr. HASTERT. There is a hearing ask for its immediate consideration in nounce we have concluded our legisla- today, but they have not made a final the House. H6950 CONGRESSIONAL RECORD — HOUSE September 5, 1997 The SPEAKER pro tempore. Is there (Mr. GILMAN asked and was given estinian Authority have yet to imple- objection to the request of the gen- permission to revise and extend his re- ment the specific pledges they made in tleman from New York? marks.) numerous agreements to prevent in- There was no objection. Mr. GILMAN. I am pleased to yield 30 citement and hostile propaganda, to The Clerk read the concurrent reso- minutes to the gentleman from New combat terrorist organizations and lution, as follows: York [Mr. NADLER]. their infrastructure systematically and H. CON. RES. 146 GENERAL LEAVE effectively, to apprehend and punish Whereas on September 4, 1997, three terror- Mr. GILMAN. Mr. Speaker, I ask terrorists, and to confiscate illegal ist bombs exploded almost simultaneously unanimous consent that all Members firearms. on the Ben Yehuda street pedestrian mail in may have 5 legislative days within Mr. Speaker, Congress did not reau- Jerusalem, killing at least four innocent which to revise and extend their re- thorize the Middle East Peace Facilita- people and wounding over 190 others; and tion Act, due to its conviction that the Whereas Hamas claimed responsibility for marks on House Concurrent Resolution this bombing; and 146. PLO was not complying with its com- Whereas despite a clear U.S. call that Pal- The SPEAKER pro tempore. Is there mitments. This measure that is now estinian commitment to fight terror must be objection to the request of the gen- before us expresses our collective out- constant and absolute, PLO Chairman Yas- tleman from New York? rage at this latest attack on civilian ser Arafat convened a national unity con- Israelis, and makes several rec- ference on August 20, 1997, in which he em- There was no objection. Mr. GILMAN. Mr. Speaker, I yield ommendations. braced leaders of the Hamas and Islamic We extend our deepest sympathies to Holy War movements; and myself such time as I may consume. Whereas in the four years that the Oslo Mr. Speaker, I rise in strong support the families of the victims and to the process has been in effect, it is clear that the of the pending legislation, House Con- people and the Government of Israel leaders of the Palestinian Authority have current Resolution 146, which con- with regard to this tragic loss of inno- yet to implement in any sustained manner demns the latest bombing against Is- cent human life. We express the com- the specific pledges they made in numerous mitment of the American people to re- agreements to: prevent incitement and hos- raelis which occurred just yesterday. Once again, a heinous terrorist attack, main dedicated to Israel’s security in tile propaganda; combat terrorist organiza- the face of this brutality and heinous tions and their infrastructure systematically this time at a busy pedestrian mall in and effectively; apprehend and punish terror- Jerusalem, has claimed innocent lives. act of terrorism. Chairman Arafat and the Palestinian ists; and confiscate illegal firearms: Now, Three terrorist bombs exploded almost Authority must systematically and therefore, be it simultaneously on Ben Yehuda Street Resolved, by the House of Representatives comprehensively eliminate the terror- yesterday afternoon, killing at least 4 (the Senate concurring), That the Congress ist infrastructure in areas under its Expresses its outrage at this latest attack innocent people and wounding almost control, and it must fulfill the written on civilian Israelis, extends the deepest sym- 200 others. The Gaza-based Hamas ter- commitments that the PLO made to Is- pathies of the Congress and the American rorist group claimed responsibility for people to the families of the victims and to rael in Oslo, and to the United States this bombing. and to the entire world. the people and Government of Israel at this Regrettably, the House considered tragic loss of innocent human life, and ex- PLO Chairman Yasser Arafat and the presses the commitment of the American similar legislation just a few short leaders of the Palestinian Authority people to remain dedicated to Israel’s secu- weeks ago. must understand that Congress speaks rity in the face of this brutal and heinous act During the August recess, a number in the strongest possible terms. The of terrorism; of my colleagues joined with me in vis- choices must now be made. Either they Demands that Chairman Arafat and the iting Israel, where we paid our respects do what they solemnly pledged to do Palestinian Authority systematically and to those who were still hospitalized comprehensively eliminate the terrorist in- under the Oslo agreements to fight ter- frastructure and combat terrorist activities from the July 30 attack. We also vis- ror and the terrorist infrastructure in of members of all terror groups operating in ited the Machaneh Yehuda market a consistent, serious, and sustained areas under its control and fulfill the com- where the bombings took place. manner, or the entire peace process mitments the PLO made to Israel, the Unit- Today’s act of terrorism occurred and relations with our Nation will be ed States, and the world; and once again in the very heart of Jerusa- further undermined. Informs PLO Chairman Yasser Arafat and lem. If Machaneh Yehuda market is Our legislation also urges Secretary the leaders of the Palestinian Authority in where Jerusalem people buy their fruit, the strongest possible terms that choices of State Madeleine Albright in a forth- must now be made: either they do what they meat, and vegetables, the Ben Yehuda coming trip to the Middle East to un- solemnly pledged to do as part of the Oslo Street pedestrian mall is where they derscore to the Palestinians one dis- process to fight terror and the terrorist in- shop, where they bank, and where they tinct message. That is, if the Palestin- frastructure in a consistent, serious and sus- socialize, another busy street in Jeru- ian Authority does not fulfill its most tained manner, or the entire peace process, salem. solemn, single obligation of fighting relations with America, and the hopes of the This resolution before us condemns terrorism relentlessly with all the Palestinian people for a better future will be this bombing. Despite a clear United seriously jeopardized; and means at its disposal, relations with Urges Secretary of State Madeleine States call for Palestinian leaders to our Nation will be seriously jeopard- Albright to underscore to the Palestinians wage a war on terror, PLO Chairman ized. This legislation also expresses a one distinct message: the Palestinian Au- Yasser Arafat convened a ‘‘national belief that all U.S. assistance to the thority must fulfill its most important sin- unity conference’’ on August 20, 1997, in Palestinians be halted until such time gle obligation of fighting terrorism relent- which he kissed and applauded leaders as substantive compliance to their lessly with all the means at its disposal; and of the Hamas and the Islamic holy war commitments under the Oslo agree- Believes that all United States assistance to the Palestinian Authority, whether direct movements and warned that Palestin- ment will be achieved. or indirect, should be suspended until such ians were prepared to resume their vio- I would like to take this opportunity time as substantive compliance with its lent revolt against Israel. to thank the gentleman from Indiana commitments under the Oslo agreements is Since the signing of the declaration [Mr. HAMILTON], our ranking minority achieved. of principles between Israel and the member, and the gentleman from Cali- Mr. GILMAN (during the reading). PLO on September 13, 1993, over 200 Is- fornia [Mr. BERMAN], our distinguished Mr. Speaker, I ask unanimous consent raelis have been brutally murdered in committee colleague, for their close in- that the concurrent resolution be con- terrorist acts, many of which were volvement and original cosponsorship sidered as read and printed in the plotted by individuals in areas con- of this bill. I also want to thank those RECORD. trolled by the Palestinian Authority, who cosponsored House Concurrent The SPEAKER pro tempore. Is there repeatedly calling into question the Resolution 146 on such short notice. objection to the request of the gen- PLO’s compliance with its commit- Accordingly, Mr. Speaker, I urge my tleman from New York? ments. colleagues to voice strong support for There was no objection. this measure, and request its urgent b The SPEAKER pro tempore. The gen- 1415 adoption. tleman from New York [Mr. GILMAN] is Mr. Speaker, it has become increas- Mr. Speaker, I reserve the balance of recognized for 1 hour. ingly clear that the leaders in the Pal- my time. September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6951 Mr. NADLER. Mr. Speaker, I yield Mr. Speaker, let us be very clear. The I rise in strong support of this resolu- myself such time as I may consume. peace talks, the Oslo accords, the un- tion. I commend him, as well as the Mr. Speaker, I want to first acknowl- derpinning of the Oslo accords was ranking member of the committee, and edge the great assistance and aid in combating terrorism. Terrorism cannot all my colleagues who have worked on drafting this resolution of the gen- be equated with anything else. It can- behalf of this resolution. I certainly ex- tleman from California [Mr. BERMAN], not be equated with the building of tend my condolences and condolences who cannot be here at the moment, homes, it cannot be equated with clo- from the people of the 15th Congres- without whose assistance and work sures, it cannot be equated with collec- sional District to the people of Israel this would not have been drafted. tive punishment, so to speak. Terror- who have, again, been victimized by Mr. Speaker, I yield 5 minutes to my ism has to stand by itself. If terrorism the terrorists, and in particular, by colleague, the gentleman from New is not eradicated, if terrorism is not this very, very ugly form of political York [Mr. ENGEL]. gone after, there can be no peace proc- terrorism, the suicide bomber. Mr. ENGEL. Mr. Speaker, I thank my ess, there will be no peace process, and I had the opportunity as well to go to friend, the gentleman from New York, there will be no peace. Israel in August and visited with the for yielding time to me. Mr. Arafat has to decide. Terrorism Prime Minister, Mr. Netanyahu, as Mr. Speaker, I rise in strong support cannot be used as a legitimate nego- well as the defense minister and the of this resolution. I have just recently tiating tool. That is what he is doing. Arab negotiators. I additionally had gotten back from a trip to the Middle He is looking the other way. He is the opportunity of visiting the Jerusa- East, which I took with the gentleman winking at terrorism. He is saying, I lem market where the bomb exploded from New York, Chairman GILMAN, and did not plan it, I did not do it, I am not in July, and I personally, along with had the opportunity there to express at fault. That is not enough. That is my wife, we were at the Ben Yehuda my sense of outrage over the previous not good enough. How many more peo- Street where this recent bombing oc- bombings in Jerusalem on July 30, and ple are going to be killed and maimed, curred. certainly my outrage is even more in- innocent people, including American I can tell all of my colleagues that tense after the spate of bombings yes- citizens, killed and maimed by terror- this is the most vicious, despicable terday. ist bombs? form of terrorism that is imaginable, Let me tell my colleagues what I said I went in the latest trip to Hadassah where you send suicide bombers into to Mr. Arafat face to face on August 21. Hospital and saw some of the victims. shopping markets where innocent men, It was the day after he convened his so- One of those victims was a 15-year-old women, and children are, and as very called unity conference, and kissed the Arab boy who had his leg blown off in correctly pointed out by our colleague, leader of Hamas, and embraced all the the market in Jerusalem. Bombs do Palestinians are actually in the area. people in the Palestinian camp, includ- not know the difference between Arabs They are blowing themselves up, in ing those who support terrorism. and Israelis or Americans or anybody some instances. I was very unequivocal and forth- else. Bombs kill and maim people. Mr. Speaker, this is a form of mind- right, and told Mr. Arafat that he had I say to Mr. Arafat and to those with less terrorism. What is extremely dis- to make a very important decision; him in the Palestinian Authority, we turbing about all of this, as has been that we in the Congress would not con- in the U.S. Congress are not going to indicated by the previous two speakers, tinue to fund the Palestinian Author- stand idly by and pretend there is busi- there is abundant evidence that Mr. ity, we would not continue to fund any ness as usual. No leader of any country Arafat has the ability to put a stop to of these activities, unless he went after can continue to accept innocent civil- this; that he has actually attended a the terrorists, unless he went after ians being blown up wantonly in the meeting and spoken in support of them actively, unless he moved to street. Hamas, and Hamas has taken credit, break up their infrastructure, unless he I say that enough is enough. We are responsibility, for this act. For Mr. fulfilled his commitments under the at our wit’s end. Our patience is over in Arafat to claim to be in support of Oslo accords. this Congress. Until we see the Pal- peace, in my opinion, is hypocrisy. I have not been convinced, sadly, estinian Authority and Mr. Arafat ac- Some people have risen up and said he that he has fulfilled his objectives. We tively go after the terrorists, actively should return his Nobel Peace Prize, understand and we know that he can go break up the Hamas infrastructure, and I would say he should, at this after the terrorists if he so chooses. He and actively do the things that we point. has, unfortunately, this year chosen know he is capable of doing, we will Just a few minutes ago in this body not to do so. Last year there were some not believe that he is serious in com- we rose and had a moment of silence in times when he went after the terror- bating terrorism. recognition of Mother Teresa, a woman ists. He went after them, he tried to So I support this resolution whole- who is recognized the world over for break up their infrastructure, but we heartedly. I said it to him face to face, her work on behalf of the poor and the have not seen him do it at all this year. to Mr. Arafat face to face, on August innocent, and the sacrifices she has When the Palestinian population was 21, and I say it now in the U.S. Con- made in her life in respect of human rioting in the town of Hebron, the riots gress, exactly what I repeated to him, life. Yet, just 1 day ago we can see that went on for days and days and days, except I think it is even more impor- others in another place in this world and when Mr. Arafat decided there was tant now. We will not stand for terror- decided that they were going to take enough, he moved his police in and ism. We insist that the Palestinian Au- brute force in their hands and kill in- they effectively were able to quell the thority and Mr. Arafat live up to his nocent women and children, innocent rioting. We know that there can be ef- commitments under the Oslo accords elderly people. fective measures taken by Mr. Arafat to fight terrorism, get at the root of The problems that exist in the Mid- to destroy the Hamas terrorist infra- terrorism. dle East are serious, but they will not structure. He chooses not to do so. If he does not do that, then there can be moved forward, peace will never I would say to Mr. Arafat what I said be no peace process and the blame will occur in the Middle East, as long as to him face to face, and I will say it rest solely at the foot of Mr. Arafat. there are people in Hamas, in the PLO, again and again. The ball is squarely in The ball is in his court. He has to de- that are willing to resort to these his court. He can no longer talk out of cide what he wants to do. Let us see kinds of heinous acts in order to fulfill 16 sides of his mouth. Either you sup- some serious going after terrorism be- their ends. port terrorism or you do not. Support- fore I will vote for one more red cent I encourage all my colleagues to sup- ing terrorism does not mean that you for the Palestinian Authority. port this resolution. I again commend have to be the one to plan the actions. Mr. GILMAN. Mr. Speaker, I am the chairman and the ranking member Supporting terrorism means that you pleased to yield 3 minutes to the gen- and all of my colleagues on both sides know actions are being planned and tleman from Florida [Mr. WELDON]. of the aisle for their work on behalf of you do nothing to stop it, you do noth- Mr. WELDON of Florida. Mr. Speak- this. I rise in strong support of this, ing to destroy it, you do nothing to er, I thank the chairman for yielding and in opposition to terrorism in any break it up. to me. place in this world. H6952 CONGRESSIONAL RECORD — HOUSE September 5, 1997 Mr. GILMAN. Mr. Speaker, I thank tion Organization is supposed to repeal of these monstrous terrorist attacks on the gentleman from Florida for his those provisions of the Palestinian innocent women, children, and the el- strong, supportive arguments. charter that call for the destruction of derly in the streets of Jerusalem. Mr. NADLER. Mr. Speaker, I yield Israel and for the murder of its entire Apparently, Mr. Speaker, the series myself 5 minutes. population. They have not done so. A of outrages have not yet ended. But the Mr. Speaker, this latest atrocity in document that calls for genocide, they hypocritical charade of Yasser Arafat Jerusalem tears the heart out of all cannot repeal. They promised to do so is at an end. This corrupt dictator who civilized people. It is another example in 1993. They did not do it. has misconstrued the patience of the of terrorism, which is a crime against When Israel gave up Hebron, with- Congress and the American people all of us. It is not only a crime against drew her troops from Hebron last year, must now understand that our patience all of us and against all concepts of civ- the promise was that they would repeal has been exhausted. We will no longer ilized life, it is a crime against peace, that charter within 2 weeks. That is a tolerate his embrace of the leaders of and it is intended to be a crime against year ago and they have not done so. terrorist gangs. We will no longer tol- peace. There cannot be an agreement, there erate the double-talk that on American The whole campaign by Hamas and cannot be a peace process if Arafat and television emphasizes the importance Islamic Jihad in the last 2 years has Company continue to wink at terror- of the peace process, while in the been a campaign of terror, to make ism and do not bring everything to streets of Gaza and the West Bank sure there will be no peace accord be- bear, all their forces to bear to stop it. whips up sentiments of hate, violence, tween Israel and the Palestinians and We know that Arafat talks out of and bloodshed. the neighboring Arab countries. Unfor- both sides of his mouth and uses vio- Mr. Speaker, Secretary Albright is tunately, Yasser Arafat, head of the lence and the threat of violence as a going to the region at a critical mo- Palestinian Authority and the Pal- negotiating weapon. As the gentleman ment. She has the full support of this estine Liberation Organization, has from New York [Mr. ENGEL] said be- body and of the American people in played into their hands, into the hands fore, when the stone-throwing mobs making it clear to Yasser Arafat that of the terrorists, and has done so delib- and the mobs that were shooting at Is- the game is over. This corrupt dictator erately. raeli soldiers last year with slingshots can no longer play along with the good- He has his own political problems in and other weapons were suddenly told will and the patience and the genuine the Palestinian constituency. We all by Mr. Arafat, ‘‘Stop,’’ they stopped. desire of the American people and the appreciate political problems, but that There can be no peace process if American Congress to see a peace is no excuse for allowing murder. It is Arafat does not finally decide, if he is evolve between the Palestinians and Is- no excuse for winking at murder, for not persuaded by American pressure, rael. encouraging murder. If the peace proc- by other pressure, by maybe common Mr. Speaker, we will not tolerate one ess collapses, as it seems to be doing, it sense, that he must stop trying to cod- more school girl’s body torn apart by will be on Mr. Arafat’s head. The blame dle the terrorists, he cannot do busi- terrorist bombs without full, signifi- and the blood will be on his hands for ness with them, and if there is going to cant retaliation. The infrastructure of playing with the terrorists. be a peace, he must crack down and do the terrorists must now be destroyed We must all remember in looking at everything in his power to stop the ter- by Arafat. If it will not be destroyed by this the key element of the entire Mid- rorists. Arafat, it will be destroyed by the Is- dle East peace process. The key ele- Mr. Speaker, in the United States we raeli defense forces, because to con- ment is land for peace. Israel will trade have gone a long, long way in turning tinue this series of terrorist attacks in land to the Palestinians, will give up our eyes; to give him the benefit of the the city of Jerusalem is simply unac- sovereignty, will give up control of doubt; to say maybe he is not coddling ceptable by the civilized world. land, and how much land and which the terrorists; let us continue giving Mr. Speaker, our President spoke land is to be debated, to be discussed, him aid. But I think we have come to forcefully and eloquently on this sub- to be negotiated, but will give up land the end of that road. We should have ject. The American people are united in return for peace. come to the end of that road a while behind the policy of firmness. Yasser Arafat must understand that the clock b 1430 ago. Mr. Speaker, I strongly support this has now struck 12. He will either de- But this is not a symmetrical proc- resolution, and I say to Ms. Albright, stroy the terrorist infrastructure or ess. Land is tangible and once given up the Secretary of State, and the Presi- that infrastructure will be destroyed is very difficult or impossible to re- dent, the one major purpose of that for him. cover. Peace is a promise. So the peace trip next week to the Middle East must As the only survivor of the Holocaust process is that Israel gives up tangible be to convince Mr. Arafat that if the ever elected to this body, I witnessed land in return for a promise. And the peace process is not going to be broken at close range the mass murder of 6 peace process says we will spend a few down, war resumed, and everyone million innocent people. I am sick and years developing confidence. blaming him, he must crack down on tired of seeing this process repeated But what kind of confidence can Is- the terrorists. He must be seen doing piecemeal in the streets of Jerusalem. rael develop that she will be allowed to it, and there must be confidence that Our patience is now at an end. We live in peace and security once she has there is someone there worth negotiat- have suspended aid, but that is only given the Palestinians everything they ing with and not simply a snake in the step No. 1. This Congress and the are going to get, everything they want; grass. American people are determined that if she is continually attacked and if Mr. Speaker, I reserve the balance of the bloodbath in the streets of Jerusa- men, women, and children in the my time. lem can no longer continue. We are streets of Israel are continually at- Mr. GILMAN. Mr. Speaker, I reserve anxious for peace, but for peace to take tacked by terrorist bombs; and if Mr. the balance of my time. place the terrorists must be Arafat holds a day of unity with the Mr. NADLER. Mr. Speaker, I yield 4 exterminated, their infrastructure de- terrorists, with the bombers, and kiss- minutes to the gentleman from Califor- stroyed, their embrace ended, and a es one of their leaders; if Mr. Arafat, nia [Mr. LANTOS]. truly genuine attempt at reconciling when there is a terrorist bombing and Mr. LANTOS. Mr. Speaker, I want to the long-suffering people, the Palestin- the world is aghast, says to his people, commend the gentleman from New ians and Israelis, must at long last Round up the usual suspects, and a York [Mr. GILMAN], my good friend and begin. week later releases them; when Mr. the distinguished chairman of the Com- Mr. GILMAN. Mr. Speaker, I reserve Arafat has broken every commitment mittee on International Relations, for the balance of my time. so far he has made under the Oslo ac- introducing this resolution. Mr. NADLER. Mr. Speaker, I yield cords? Mr. Speaker, it seems we were here 21⁄2 minutes to the gentleman from Mr. Speaker, remember some of just a few weeks ago dealing with an California [Mr. SHERMAN]. those commitments, some of the easy identical resolution, at which time we Mr. SHERMAN. Mr. Speaker, 2 weeks ones. Arafat and the Palestine Libera- all hoped that perhaps we saw the last ago, along with the gentleman from September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6953 New York [Mr. GILMAN], I had a chance [Mr. BEREUTER] vice chairman of our But now is not the time to engage in verbal to visit in Hadassah Hospital Intensive Committee on International Relations, score keeping. Now is the time for a clear Care Ward with several of the victims and that he be permitted to control commitment by Chairman Arafat to keep his of the last atrocity in Mahane Yehuda that time. solemn pledge to combat terrorism. Market, and I saw not only the pain The SPEAKER pro tempore (Mr. GIB- The blood spilled on Ben Yehuda Street but the indiscriminate effect of these BONS). Is there objection to the request demonstrates all too vividly that the leaders of acts of terrorism. of the gentleman from New York? the Palestinian Authority have not imple- One of the individuals we visited was There was no objection. mented the promise made in the context of an Arab boy, the other a Lutheran Mr. NADLER. Mr. Speaker, I yield the Oslo peace process to: First, prevent in- minister. And just as that memory myself 1 minute. citement and hostile propaganda; second, seared of looking at the faces of those, Mr. Speaker, I say to the gentleman combat terrorist organizations and their infra- and the hands still burned, of those from New York [Mr. GILMAN] before he structure systematically and effectively; third, who suffered from that atrocity, we leaves, that I want to express my ap- apprehend and punish terrorists, and fourth, face another atrocity at Ben Yehuda preciation for the gentleman’s efforts confiscate illegal firearms. Market, and 7 deaths and over 100 in bringing this to the floor. It is my Chairman Arafat's solemn promise to do ev- wounded. hope that this resolution will help lead erything possible to fight terrorism is at the There is something that can be done, from the crossroads where we are now, heart of the peace process. It was his sacred not to ease the suffering of the fami- whether we will go down the road to oath to the Israeli people. He must keep that lies, but at least to say: Never again. It war in the Middle East or to peace, promise for the Israeli people to keep their is time for Yassir Arafat to change that this resolution will be a mile- faith in Oslo. I urge my colleagues to support this concur- that Palestinian charter the way the stone, hopefully, on the road to peace. Mr. Speaker, I urge unanimous adop- rent resolution. Its message is clear: There gentleman from New York pointed out. tion of the resolution, and I yield back can be no progress toward peace nor Amer- It is time for him to crack down on the the balance of my time. ican support for the Palestinian Authority un- Hamas’ infrastructure the way the pre- Ms. JACKSON-LEE of Texas. Mr. Speaker, less Chairman Arafat fulfills his obligation to vious gentleman from California re- I rise with a heavy heart in full support of this fight terrorism. The hopes of both Israelis and marked. And it is time for Mr. Arafat resolution expressing the sense of Congress the Palestinian people depend on Chairman to go to every Arab capital and say, regarding the terrorist bombing in Jerusalem Arafat fulfilling his promise of peace. Now is the time to end hatred and yesterday. Mrs. MCCARTHY of New York. Mr. Speak- venom against the Jewish people from I am, like many of my colleagues, a strong er, I would like to extend my deepest sym- Tehran to Libya, because Israel has al- advocate for a negotiated peace in the Middle pathies to the families of those caught in the ready made unforced territorial con- East and have felt with each attack a renewed senseless bombing that shattered the fragile cessions. sense of urgency to move forward in this proc- peace and security to which so many in Israel Mr. Speaker, there is more that the ess. cling. United States can do. Yes, our Sec- On the behalf of the residents of the 18th Yesterday, three suicide bombers entered retary of State can and should go to Congressional District, I offer the families of the main pedestrian area in Jerusalem and the Middle East to focus exclusively on the people killed and the people injured our within minutes of each other set off three security for Israel and for an end to sympathy, but also our encouragement in their bombs killing themselves and three and injur- terrorism. But there is one other thing search for a lasting peace built on the work ing at least 165. The injury toll is still climbing. we can do. set forth in Oslo. Watching the carnage, I shuddered how just There was a besieged city in the The rule of chaos and lawlessness must not last week I had walked down some of the very early 1960’s, Berlin, and our President win the day, or the dawn of the next century same streets where this violent attack oc- went there to show solidarity and he will not bring the unlimited promise that peace curred. In fact, I shopped at the stores located said, ‘‘Ich bin ein Berliner.’’ Now Jeru- in the Middle East could offer this generation in this crowded area and spoke with the shop- salem and its people are under siege and the next. keepers about the recent United States warn- from terrorism and there is something I have two school age children who under- ing against travel to Israel. Those streets are of equivalent import we can do, and stand that unrest anywhere in the world threat- crowded with tourists from around the world; that is move the U.S. Embassy to Jeru- ens the security of the world that they will residents out for a stroll or enjoying a quiet salem now, without reservation, with- some day inherent. I would hope for the chil- lunch, and students. Within walking distance out condition, and making it plain that dren of the Middle East that the conflicts of of this area is the hotel where I stayed. we stand with the citizens of Jerusalem the past not be adopted as their own, but left Senseless and cowardly acts of terrorism as they stand against terrorism. It is in the past where they belong. like this bombing must stop. They do nothing time for everyone to do what they can I would ask that all Americans join in the ef- to advance peace in the Middle East. to make amends for this tragedy. forts to bring all sides in the Middle East This time, apologies like those given after Mr. GILMAN. Mr. Speaker, I yield peace process back to the negotiating table. the July 30 bombing will never bring about a myself 1 minute. That those who cater to or support terrorist ac- peaceful resolution. The Palestinian Authority must honor its solemn promise to combat ter- Mr. Speaker, I thank the gentleman tivities are working against the Palestinian rorism. If this does not happen, America will from California [Mr. SHERMAN] for not people and preventing them from reaching be forced to reconsider its willingness to deal only his comments today, but for being their full potential. with us when we went to the hospitals I would also ask that all who have influence with the Palestinian Authority. Knowing how it feels to have your life turned to pay our respects to the victims and on the parties to the peace process aid them upside down by violence, I would like to ex- also to conduct a memorial service at in moving toward each other and not be con- tend my deepest sympathies and ask the the marketplace where the last bomb- trolled by the bombmakers. ing took place. And, Mr. Speaker, I Mr. BERMAN. Mr. Speaker, I rise today as American people to keep the families of those take this opportunity to thank all of a cosponsor of the concurrent resolution now injured and killed in their prayers. my colleagues for their support of this before this House expressing the sense of the b 1445 measure. Congress regarding the terrorist bombing in Mr. BEREUTER. Mr. Speaker, I wish It is with a great deal of outrage and Jerusalem on September 4, 1997. to express my support for the resolu- frustration, however, that we once The choice in the Middle East is clear: PLO tion. I have no further requests for again have to consider this kind of leg- Chairman Yasser Arafat must do everything time, and I yield back the balance of islation. Let us hope and pray that we possible in his power to aid Israel in fighting my time. will not have to take up any more the scourge of terrorism or the peace process The SPEAKER pro tempore [Mr. GIB- measures extending our sympathies to begun so hopefully in Oslo will die at the BONS]. Without objection, the previous the families of the people of Israel as a hands of Hamas suicide bombers. question is ordered on the concurrent result of the violence at hands of ter- That the peace process has been in trouble resolution. rorists. in recent months, there can be no doubt. That There was no objection. Mr. Speaker, I ask unanimous con- fault can be found with both parties in imple- The SPEAKER pro tempore. The sent to turn over the balance of my menting their commitments under Oslo, there question is on the concurrent resolu- time to the gentleman from Nebraska can be no doubt as well. tion. H6954 CONGRESSIONAL RECORD — HOUSE September 5, 1997 The concurrent resolution was agreed entirely strangers. Nationalities and could be reached. None of the first res- to. citizenship aside, there were mothers cue personnel ever gave up hope of sav- A motion to reconsider was laid on and fathers, brothers and sisters, sons ing lives. As if unsatisfied with the toll the table. and daughters, aunts and uncles, on human life, the crash of Korean Air f friends and neighbors who were coming Flight 801 also claimed the life of an home or looking forward to a visit. Air Force volunteer who suffered a ADJOURNMENT TO MONDAY, Guam is a small community and a heart attack while assisting at the SEPTEMBER 8, 1997 significant number of our population crash site. Mr. PAUL. Mr. Speaker, I ask unani- were touched by the loss of someone Mr. Speaker, America can be proud of mous consent that when the House ad- known to them in some way. Among its men in uniform, men and women in journs today, it adjourn to meet at the dead, eight were returning Guam uniform, who were stationed on Guam. 12:30 p.m. on Monday next for morning residents of Korean descent. And The Navy, on whose property the crash hour debates. among the survivors, there were four occurred, the Air Force, the Coast The SPEAKER pro tempore. Is there returning home. Guard, the Guam National Guard, and objection to the request of the gen- Last December I had the pleasure of the U.S. Army all responded quickly, tleman from Texas? sitting with Mr. Kenneth Kim of professionally, and compassionately. There was no objection. Tamuning as his daughter, Yuri Kim, The U.S. Army delegation was com- f was being sworn in as an officer of the posed of airline crash investigators American Foreign Service. Yuri’s first from the Army Central Identification DISPENSING WITH CALENDAR assignment is at the U.S. Embassy in Lab in Hawaii who just happened to be WEDNESDAY BUSINESS ON Beijing. She traveled to Guam, first to on Guam to examine a World War II B– WEDNESDAY NEXT await word and then to mourn the 29 crash site. Mr. PAUL. Mr. Speaker, I ask unani- death of her mother, Jane, who was Men and women from nearly every mous consent that the business in among the passengers of that ill-fated department and agency of the Govern- order under the Calendar Wednesday flight. ment of Guam rallied to meet the cri- rule be dispensed with on Wednesday Mrs. Jane Wha-Young Kim was ac- sis, either as professionals or volun- next. tive in community service affairs and teers. The Guam Fire Department, the The SPEAKER pro tempore. Is there served as president of the Guam Ko- Guam Police Department, Guam Air- objection to the request of the gen- rean Women’s Association. She was port Authority, Office of Civil Defense, tleman from Texas? laid to rest on August 18, 1997, and is Departments of Mental and Public There was no objection. survived by Kenneth, Yuri, and her son, Health, Public Works, Parks and f Yong Sae. The Kim family will carry Recreation, Labor, Corrections, Youth on and I, along with their friends, will Affairs and the Energy Office, the Gov- SPECIAL ORDERS offer solace as best as I can. ernor’s office, all allocated equipment, The SPEAKER pro tempore. Under The Dahilig family has also been se- supplies, and personnel to meet the res- the Speaker’s announced policy of Jan- verely affected by this tragic event. cue and treatment efforts. uary 7, 1997, and under a previous order Mr. Mike Dahilig of the village of Guam’s business community also of- of the House, the following Members Dededo, his sons, Richard and Michael, fered their full support. From Con- will be recognized for 5 minutes each. his father-in-law Young Min Kim and tinental Airlines to small businesses his many brothers and sisters are mak- f like a McCrory Store, Little Future, ing preparations to inter Mike’s wife Boonie Dog Designs, numerous estab- The SPEAKER pro tempore. Under a Joung-Ok and their 1-year-old son lishments offered their time and en- previous order of the House, the gen- Mitchell. ergy. Churches of every religious de- tleman from Florida [Mr. GOSS] is rec- I want to express to them again and nomination, nonprofit, civic organiza- ognized for 5 minutes. to all the families of Korea Air Flight tions, and educational institutions lent [Mr. GOSS addressed the House. His 801 our deepest condolences. Whether their support. remarks will appear hereafter in the to respond to the ravages of typhoons As a result, the Guam Chapter of the Extensions of Remarks.] or earthquakes, the people of Guam American Red Cross was able to deliver f have always pulled together as a com- more than 9,000 meals to crash site munity and worked cooperatively to KOREAN AIR FLIGHT 801 TRAGEDY workers and offer nearly 2,000 grief sup- attend to one another’s needs. port encounters in the 7 days following The SPEAKER pro tempore. Under a In the early hours of August 6, our the crash. No one likes to point out previous order of the House, the gen- abilities were challenged to the maxi- that this is an opportunity to see the tleman from Guam [Mr. UNDERWOOD] is mum, but I stand proudly today to say community work together, but the peo- recognized for 5 minutes. that civilian and military personnel ple of Guam certainly could be proud of Mr. UNDERWOOD. Mr. Speaker, and volunteers from all sectors of our their effort. while the rest of the Nation has turned community joined forces, not merely Mr. Speaker, I include the following its attention to other matters, we on as a consequence of training and func- for the RECORD: Guam are still reeling from the after- tion but in the spirit of kindness and AUGUST 11, 1997. math of the worst air disaster in our is- compassion. His Excellency KIM YOUNG SAM, land’s modern history. By 6 a.m. on the morning of the President, Republic of Korea, Presidential Pal- On August 6, 1997, at approximately crash, more than 500 civilian and mili- ace, Seoul, Korea. 1:42 a.m. Guam time, a Korean Air Boe- tary rescue personnel were on the site, YOUR EXCELLENCY, The courage, strength ing 747 enroute from Seoul to Guam which is in plain view from the road- and stamina of Asian-Pacific people in times crashed into a hill 3 miles short of the side on Nimitz Hill but unaccessible by of adversity are legendary. Sadly, we know runway at the airport. The jumbo jet motorized vehicles. Rescue personnel, that the great people of the Republic of Korea must again call upon these inherent carried 254 people, 228 of whom have carrying what equipment they could qualities to bear the terrible tragedy of the perished. The last victim of flight 801 manage, clambered down a steep ravine loss of Flight 801. In this, we, the people of was Mr. Chung Yong-hak, who died on and up the other side. Desperately try- the Territory of Guam, join you in pain and September 3 while being treated at ing to reach survivors, they trekked sorrow, and offer this message of hope: we Brooks Army Medical Center in San for a mile and a half through mud and have unfaltering confidence in the legacy of Antonio, TX. swordgrass. the Korean people to triumph over adversity. I rise today to express the people of To reach the crash site, bulldozers Together, we shall attend to the painful and Guam’s condolences to the family and widened a narrow utility road leading difficult tasks at hand; together, we shall en- dure this tragedy; and together, we shall friends of the crash victims. We shared to a navigational beacon just yards grow stronger in respect and friendship. their pain most intimately, not only from the crash site. Additionally, On behalf of all the people of Guam, we because it was on our soil but also be- cranes were utilized to lift debris and send our deepest and most heartfelt condo- cause the people on that plane were not wreckage so that victims and survivors lences to you, the families and friends of all September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6955 the victims, and to the people of the Repub- derstanding that our responses represent the I trust this letter will satisfy your con- lic of Korea. Please know that we are doing views of the Government of Guam, and all cerns. The Government of Guam, Sir, wishes all we can to assist the families in any way references to actions by the U.S. military to take this opportunity to extend to the possible, and that we stand ready to do more should be reconfirmed by them. We request Consul General the assurances of our highest if need be. that the facts be considered without preju- consideration. Yoo Gam Eul Pyo Ham Ni Da. Si Yu’us dice. Very truly yours, ma’ase, A. Although there was some initial traffic CARL T.C. GUTIERREZ, CARL T.C. GUTIERREZ, congestion, a broken fuel pipeline damaged Governor of Guam. Governor of Guam. by the aircraft blocked the closest road to f ROBERT A. UNDERWOOD, the crash. In addition, it must be pointed out Member of Congress. that the road itself did not lead directly to ON BOSNIA the site. The aircraft crashed in an The SPEAKER pro tempore. Under a [From the Pacific Daily News, Aug. 21, 1997] uninhabited and hard to reach area. Fire trucks could not have reached or been driven previous order of the House, the gen- CANCELING FLIGHTS IS THE WRONG RESPONSE down to the wreckage because there was no tleman from Texas [Mr. PAUL] is recog- TO GUAM KOREAN AIR CRASH path or road leading to it. Additionally, wit- nized for 5 minutes. Korean Ministry of Transportation and Ko- nesses who first reached the scene indicate Mr. PAUL. Mr. Speaker, I have asked rean airline company officials may have that intense heat made certain areas inac- for this time today to express my deep overeacted to the recent crash of Korean Air cessible from the moment the crash oc- concern for the recent military buildup Flight 901. curred. They report it is nearly impossible in Bosnia. That reaction may be an economic blow to for anyone to have survived the fire in those I think this is a dangerous situation both Guam and Saipan, and can be inter- areas, which erupted immediately upon im- preted as shifting blame away from Korean pact. and I would like to call it to the atten- Air and putting it on Guam International B. Throughout the rescue phase, every ef- tion of my colleagues here in the Con- Airport Authority and the Federal Aviation fort was made to save all possible survivors. gress. This is something that has been Administration. This priority was first and foremost on the going on for a long time. According to Asiana Airlines, the company mind of everyone on the scene that night. Many of us have tried to get our will suspend all flights to Guam until Sept. The brave men and women who were part of troops out of Bosnia and out of harm’s 12, when the glide slope at the Guam Inter- the rescue effort were at constant risk way, but so far that has not been the national Airport is supposed to be repaired. throughout the operation. The commanders case. Yesterday, the U.S. Defense De- on scene determined that it was impossible That decision follows a Korean Ministry of partment announced that they would Transportation recommendation to stop for any passengers to still be alive in the night flights. areas burning, areas which were burning for be adding more aircraft in this region. Korean Air has restricted its Guam-bound over a half-hour before rescuers could reach There will be 6 more F–16’s sent to this flights to daylight operations and has com- the scene. Firefighters on the scene, profes- region, taking the total number up to pletely canceled all flights into Saipan until sionally trained to determine the best course 24. They will be flying out of Ariano, Oct. 25. of action in such situations, indicated that Italy, and the purpose is to patrol the These changes may result in significant dousing the wreckage with water would do Bosnian skies. losses in tourist revenue until service is fully little in the way of extinguishing the fire. In The purpose that is stated is to pro- restored. fact, spraying water on the wreckage could have posed an even greater risk if pressur- vide deterrence and to provide a peace- The reason for the crash hasn’t been estab- ful situation to a very difficult prob- lished, but National Transportation Board ized hoses spread pieces of burning metal officials in early statements were clear that onto survivors or rescue workers. Water lem that has existed not for a few the inoperative glide slope and a malfunc- could also have dispersed burning fuel to un- months or for a few years but for dec- tioning altitude warning system did not burned areas, and the use of Halon, a fire- ades, if not hundreds of years in this cause the airliner to go down. fighting agent, could also have posed a region. In fact, other airline companies have not health hazard to survivors or rescue workers. Instead of providing deterrence and a let the crash or equipment inadequacies In some areas of the wreckage, temperatures peaceful effort being made here, I be- alter their schedules. They continue to fly were estimated to be as high as 1100 degrees lieve our contribution is going to do Fahrenheit. Additionally, a decision was safe night approaches and landings into nothing more than escalate the prob- Guam’s airport. Their pilots seem confident made by the Navy to use the helicopters to fly survivors to the hospital, rather than lems of that region. they can handle flights here. The recent buildup has also been said If Korean airline companies are concerned drop water. A water drop could very easily about flying into Guam at night, then per- have injured or killed more survivors or res- to be necessary because it is supposed haps they should stop all night operations cue workers. to guarantee an election process. Dur- until this crash is thoroughly analyzed. C. The ‘‘explosion’’ referred to in your let- ing the last year there were two at- There are certainly plenty of challenging ter of 3:24 a.m. on August 6, was, according tempts to hold elections in this region to preliminary reports, in an area of the and even more dangerous approaches to but, due to the political turmoil there, wreckage that did not contain survivors, and other airports where these airlines fly. while the immediate sound and flying debris the elections have had to be canceled. It doesn’t make sense to restrict flights was noticed by rescue workers, it did not Again, they are trying to have another coming to Guam and Saipan without taking have any significant impact on the rescue ef- election. Our presence there is sup- similar action elsewhere. forts underway, nor on the number of survi- posed to provide the stability to a re- Instead, this appears to single us out and vors pulled from the wreckage. At the time summarily put the blame on U.S. air con- gion that is inherently unstable, and I of the explosion the fire was generally con- trollers, flight safety operations and naviga- challenge this notion whether or not fined to the fuel tank area of the wing, and tional equipment at airports on Guam and this can even be achieved. did not endanger any survivors. In addition to the troops and the air- Saipan. I would also like to note that ABC News, It would be much more constructive, in one of the agencies that first put out erro- craft that have gone in, we are sending, fostering international relations and devel- neous reports on the rescue efforts, has re- the international bodies have sent in oping safer flights procedures, to work more tracted its inflammatory and false state- 2,600 election monitors. The odds of closely together on this problem, than to ap- ments, and the retraction has run on the this providing stability to an election pear to single us out for retribution. ABC internet page. are very, very slim. Finally, I would like to sum up by saying Last month there were some addi- OFFICE OF THE GOVERNOR, that you have my personal assurances, hav- tional troops sent into Bosnia. Not TERRITORY OF GUAM, ing been one of the first individuals on the much was said about this. There were August 27, 1997. crash site, that the Government of Guam, Hon. JOONG YOL AUN, the U.S. Government, and all the civilian not very many reports in the media re- Consul General, Consulate General of the Re- volunteers involved, did everything within garding this, certainly no discussion public of Korea, Agana, Guam. our power to rescue the survivors of Korean here in the Congress. But we have had DEAR CONSUL GENERAL AUN: The Govern- Air Flight 801. Dozens of brave men and 8,000 troops stationed in Bosnia. We ment of Guam would like to extend its ap- women put their lives on the line to save have added 1,600 more. So we are now preciation to the Consul General for his ex- every person who could be saved. I would in the process of adding aircraft and pression of interest in the modalities of res- also like to note that a full investigation adding personnel in a situation which cue procedures carried out by emergency into the cause of the crash will be issued by personnel of the Government of Guam and the National Transportation Safety Board, puts our troops in jeopardy. It was not the United States Government following the and until that time, official reports on the too long ago that our troops were tragedy of Korean Air Flight 801. We request crash and the conduct of everyone involved stoned and homemade weapons were the indulgence of the Consul General in un- will be under review. used against them. H6956 CONGRESSIONAL RECORD — HOUSE September 5, 1997 The NATO forces just recently took There are now seven surviving broth- has become known as identity theft. control of a television transmitter and ers, Paul, Alfred, Robert, William, Amazingly enough, this theft is facili- said that the information over this Fred, Edward, and Richard, and they tated by a public agency, the Internal transmitter was not acceptable. Just all attended the ceremony and obvi- Revenue Service, which aids and abets recently that transmitter was returned ously were very proud to do so. this theft not through the Internet or in hopes that the return of the trans- b 1500 any high-technology means but mitter to the Serbs would calm the through the U.S. Postal Service. personnel there, the people there, so During that era when the baseball Yesterday I introduced a bill which I that the elections could be carried out. team was active, there were some 16 or entitled the Stop the Theft of Our So- But just the thought of taking over the so what they call all-brother baseball cial Security Numbers Act. This will transmitter is one thing. But the con- teams on file at Cooperstown, but no prohibit the IRS from including our ditions that were placed on the Serbs other all-brother team played as many Social Security numbers on the mail- in the return of the transmitter is years or accomplished as much as the ing labels of the tax booklets the IRS something else again. Acerra brothers of Long Branch. They mails us every year. It will also stop Our Pentagon official threatened the played in a circuit that included teams the IRS from printing Social Security Serbs that if they violated the instruc- from New Jersey, New York, Penn- numbers on the refund checks that mil- tions that were given the television sylvania, and Connecticut. The team lions of people receive annually in a station, it would be a clear cut jus- stayed together even during World War way that numbers are visible when tification for NATO forces to retaliate. II, even though six of the brothers en- mailed. In the best of diplomatic jingoism, our listed in the service at various times. Identity theft is one of the fastest Pentagon official, as quoted in the When the Acerras were being scouted growing crimes of this decade. Identity Washington Post, said, if they do not by major league teams, their ages thieves make off with billions of dol- comply, we will whack them. ranged from 17 to 40 years old. One lars each year and each day more than Hardly do I think this policy will brother, Alfred, continued to play 1,000 people are being defrauded. With lead to peace and a wonderful election. catcher after having lost an eye while just your name and your Social Secu- I really challenge the Congress here for playing ball. Besides baseball, the rity number, a thief can open credit us, in the continuation of the funding brothers excelled in football, basket- lines worth $10,000, rent apartments, of a military operation that is doomed ball, golf, softball, swimming, and sign up for utilities, and even earn in- to fail. It is a real tragedy that we get bowling. Their achievements were ex- come. Your credit rating is ruined, you promises made by the administration. tensively covered in newspapers and on risk being rejected for everything from The troops were supposed to be in radio and television and obviously they a college loan to a mortgage, and it is there until December 1996 and here are very well known in my hometown up to you to fix it all. Law enforcement they are, another year, supposedly, of Long Branch and in the surrounding will generally not pursue these iden- they are supposed to come out next area where they and their children and tity theft cases. In light of this, making it even easier July, but the way things are going their grandchildren continue to live. for identity theft by allowing public there and by the way we comply, we While compiling remarkable statistic view of Social Security numbers on are complicit in this operation and pro- feats on the field of play, the Acerra IRS mailings and refund checks seems vide the funds, the odds of our troops brothers never lost sight of the sense of criminal. Yet that is precisely what being out of there next July are very, family, and I cannot express that the IRS is doing. Taxpayers all know very slim. enough. These brothers were all and This raises the question about over- had a very strong sense of family. that their Social Security number ap- all policy. Traditionally, the American Their father, Pop, never missed a game pears just above their full name and foreign policy, up until the latter part and was active in coaching. Two of the address on tax booklets. It appears the of this century, has been that we brothers were offered professional con- same way on refund checks and is should have a policy of noninter- tracts but turned them down because clearly visible through the window on ference, nonintervention in the affairs they did not want to leave their moth- the envelope. What more can the IRS of other nations and also that of neu- er and break up the family team. There do to aid the theft of your identity? trality with all nations. was another brother who turned down a Hand mail the thieves and unscrupu- This is proper under the Constitu- football scholarship for the same rea- lous people who might handle your tion. This has been traditional. In- sons. mail your mother’s maiden name? When I brought this to the attention stead, we should be concentrating on Mr. Speaker, it is really a great of the IRS, I was told that there is no national security issues. We should be honor for me to join with the Baseball way that IRS can change this practice concerned about what the American Hall of Fame in paying tribute to the before the 1999 tax season. I find it in- position is, and we should not pretend great accomplishments of the Acerra comprehensible that neither this agen- that we know what is best for every- brothers baseball team and to extend cy nor its contractor can change a body because we do not. my best wishes to the entire Acerra computer program for booklets that f family and many of their friends. I am going to be with some, if not all, of will be mailed out for 1998. The IRS ap- TRIBUTE TO THE ACERRA them this Sunday where we are also parently has decided to be the conduit BROTHERS BASEBALL TEAM going to be paying tribute at an event for identity theft with the Postal Serv- The SPEAKER pro tempore. Under a in Long Branch to them and I am just ice as a de facto accomplice. My bill will force the IRS to make previous order of the House, the gen- very proud of them and all that they this change in time to protect one of tleman from New Jersey [Mr. PALLONE] have accomplished. They certainly the most precious keys to our personal is recognized for 5 minutes. bring a great sense of pride to my information, our Social Security num- Mr. PALLONE. Mr. Speaker, I want hometown of Long Branch, NJ. ber, before the coming tax filing sea- to take the opportunity today to pay f tribute to the Acerra brothers baseball son. To do any less would expose mil- team. STOP THE THEFT OF OUR SOCIAL lions of us to devastating personal and Mr. Speaker, the Acerra brothers SECURITY NUMBERS financial losses and the most impor- who grew up in my hometown of Long The SPEAKER pro tempore (Mr. GIB- tant loss of all, our good name. Branch are a unique phenomena in the BONS). Under a previous order of the f world of baseball. The 12 brothers House, the gentleman from California The SPEAKER pro tempore. Under a played club baseball for 14 years, from [Mr. FILNER] is recognized for 5 min- previous order of the House, the gen- the late 1930’s to the early 1950’s. And utes. tleman from New York [Mr. FLAKE] is they were inducted in June of this year Mr. FILNER. Mr. Speaker, many of recognized for 5 minutes. into the National Baseball Hall of my constituents have alerted me to a [Mr. FLAKE addressed the House. His Fame and Museum in Cooperstown, serious attack on our personal privacy, remarks will appear hereafter in the NY, 45 years after their final game. and that is an insidious practice that Extensions of Remarks.] September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6957 TIBET—A FIRST-HAND LOOK knows that they will demand that ers were everywhere and being caught The SPEAKER pro tempore. Under China change its policy of boot-heel talking to a Westerner was a guaran- the Speaker’s announced policy of Jan- subjugation and end what one monk I teed ticket to prison and more. Frank- uary 7, 1997, the gentleman from Vir- met termed ‘‘cultural genocide.’’ ly I was skeptical that anyone would ginia [Mr. WOLF] is recognized for 60 What they mean by cultural genocide approach us and yet I was wrong. minutes as the designee of the major- is the Chinese are coming in and strip- Someone took advantage at almost ity leader. ping the Tibetan society of its culture every opportunity for a guarded word Mr. WOLF. Mr. Speaker, I appreciate and trying to turn it into a Chinese so- or two. this opportunity to have this time. ciety. The fact is Lhasa, the capital, is During our first encounter with a Ti- I recently returned from a journey to really no longer a Tibetan city. It is betan who realized we were Westerners Tibet where I visited during the period more a Chinese city than it is a city and one of us was fluent in Tibetan, we of August 9–13 this summer, accom- from Tibet. found that he could not contain him- panied by a member of my staff and an- We found that the People’s Republic self. He said, ‘‘Many are in jail, most other Western man who was fluent in of China has a near perfect record of vi- for political reasons.’’ We saw the Tibetan and steeped in the culture. At cious, immediate, and unrelenting re- Drapchi prison which is off the beaten no time while I was there did I tell the prisal against the merest whisper of Ti- path in a slum area. Guards in pairs Tibetan and Chinese Government that betan dissent. We met with monks and were ever present as we showed in the I was a Member of Congress. I wanted men and women on the streets and oth- photo. We saw the Sangyip prison com- to just kind of bring the body up to ers who I may say risked their personal plex, which I also put in the photo and date on some of the things that we had safety and well-being to just give us a then Gusta prison. an opportunity to see. few minutes alone to tell us how bad As I said, prisons certainly appear to At the outset, one of the first things the conditions are in Tibet and to peti- be a growth industry in that area. We I would show the Members is a picture tion and urge that there be support were told that Tibetans would not take of a monastery in ruins. The Chinese from the West. chances, and yet they did take chances. Government has ruined several thou- Tibet is about the geographic size of The man went on to tell us that it was sand monasteries and is trying to Western Europe with a Tibetan popu- important that we see these places. He eradicate the Buddhist faith. lation of around 6 million. It has been did not care and he wanted us to see The second picture is a picture of an estimated that in the past 2 decades, what a nightmare tour this was going individual who was showing us a pic- nearly 1 million Tibetans have been to be. We passed the main security bu- ture of the Dalai Lama. It is against killed, starved, or tortured. That is 1 reau, the intelligence headquarters, the law to have a picture of the Dalai million out of roughly 6 million have and then the prison bureau, each heav- Lama and to show a picture of the been killed under the occupation of the ily guarded. All the while, we heard Dalai Lama. People’s Republic of China, of the Chi- about monks and nuns and common The next picture is a picture of the nese Government. Let me just say that men and women who were dragged Potala and then the marketplace. the Clinton administration ought to away to prison and tortured. He said to Around the marketplace, the Chinese make it perfectly clear that 5 million us, ‘‘Don’t worry about me at all,’’ and are bulldozing a lot of the buildings Tibetans are of no danger to 1.2 billion continued to tell about the torture and turning what was a Tibetan cul- Chinese. Tibet is about the geographic that was taking place of Tibetan ture into a Chinese culture. size of Western Europe with a popu- monks and nuns and the Tibetan peo- This next picture is of a guard tower. lation, as I said, anywhere from 5 to 6 ple. If there is one growth industry in million. The People’s Republic of China has undertaken a program of mass in- Tibet, it is prisons. It is a guard tower b 1515 of the Sangyip prison complex. We fusion of Chinese people who probably went out and visited a number of pris- now outnumber Tibetans in their own They are routinely beaten with ons outside to take pictures. country. There are no valid census sticks, kicked and poked with electric The last picture is the main gate of data, but some estimate that in the sticks, cattle prods with huge electric the Drapchi prison, which is a particu- capital of Lhasa there are about 160,000 charge. Political prisoners are isolated larly brutal place that we heard stories Chinese and only 100,000 Tibetans. from the general prison population and of terrible, terrible punishment and In this market, many places would be kept in unlighted and unheated areas types of torture that are really almost Tibetan merchants but interspersed with no sanitary or medical facilities, beyond the imagination. would be Chinese merchants. But yet almost no food or water at times. He An approved delegation would have when we went into the parts of town added that the people have no rights. been very difficult to have been there that were Chinese, there would be al- They cannot talk freely. because the Chinese have a history of most no Tibetans and the stores and Even though Tibetans view the Dalai denying Members of Congress who the karaoke bars and different things Lama as their spiritual and political want to visit, visit Tibet. I cannot like that would be all over the place. leader, they are forbidden to show their think of any other place in the world We have seen that change, the star- affection and love for him, and possess- where a tighter lid is kept on open dis- tling change that is taking place by ing a picture of the Dalai Lama could cussion. Government agents and spies the stripping away of the culture. be an offense which could draw harsh and video cameras guard against per- Stores, hotels and bazaars and busi- and brutal punishment and imprison- sonal outside contact. Offenders and nesses and tradesmen are largely Chi- ment. even suspected offenders are dealt with nese. Storefront signs bear large Chi- He went on to say, ‘‘We Tibetans quickly and brutally. nese writings beneath much smaller Ti- must have permission from the Chinese In Tibet, humane progress is not even betan inscriptions. Driving out from to do everything, and we can do noth- inching along and the repressed people Lhasa, one encounters as many Chinese ing on our own.’’ So when Clinton gets live under unspeakably brutal condi- villagers, shepherds, farmers, construc- the opportunity to meet their Presi- tions in the dim shadows of inter- tion workers, and travelers as Tibetan. dent, when our President meets their national awareness. One of the pur- In short, Tibetan culture is rapidly dis- President, he should make the issue of poses of the trip is so that the world appearing. the Tibetan people a priority issue, not will know and will have to face and What do the Tibetan people say? Be- privately, but publicly; not behind the have to address, and the Clinton ad- fore my trip, I was told that individ- scenes, but in front of the scenes. ministration, which will be meeting uals would seek me out, an obvious Strangely enough, strangely enough, with the President of China at the end Westerner, visitor, to hear their story. the Chinese Government officials have of next month, will have to confront I might say at no time did I ever tell gotten to visit the White House to and address the horrible situation that anyone in Tibet that spoke to me or meet with the President, and yet when is taking place in Tibet. We hope that anyone else that I was a Member of the Dalai Lama came, they had what when the American people know and Congress. I was told that it would be they called a ‘‘drop-by,’’ where the when the Clinton administration very dangerous for them, that inform- President dropped by another office, H6958 CONGRESSIONAL RECORD — HOUSE September 5, 1997 but would not see him in the Oval Of- Young monks, some under 15, are the Potala have been destroyed or de- fice, as he did some of the people from turned out, and since the Cultural Rev- molished. China. olution, many monasteries have been This is not a pretty picture. The Why should the Tibetan people have destroyed. Rebuilding, although there glowing reports of progress from to go through and suffer under this is some rebuilding, rebuilding has been Beijing or Shanghai, where business is type of oppression? The Dalai Lama painfully, painfully slow. booming and skyscrapers may be rising has asked for help. They have asked a We were told on several occasions and industry and education perhaps is number of Western countries for help, that the monks are afraid. When asked increasing, have certainly not reached and a number of Western countries are what message they would like me to Tibet. It has not reached Tibet. helping. take back to America, I was told that I am not connecting this to the issue All of this story that I was telling they are not allowed in many cases to of MFN and everything else, but I have came from one man. The agony, the practice their religion and that their heard Members say that conditions agony of his people, the agony of his people are suffering. Their biggest hope were improving in China, and they ac- family. Yet he ended by saying, ‘‘I am is to be free, free to practice their tually had laptop computers and things not afraid. Some day the sun will again faith, free to travel, free to teach their were wonderful. Those conditions, if shine in Tibet.’’ And throughout we children their culture. they exist, have not reached Tibet. found overwhelming support for the My goodness, how does that harm America and the rest of the free Dalai Lama by every single Tibetan China? Under the Chinese constitution, world should help and urge China to that we talked to. under their constitution that they back off from its clear goal to plunder Yet, if you read the Chinese news- sometimes will refer to, Tibet ought to Tibet. The true story of Tibet is not papers, they give the impression that have the freedom whereby they can do being told, aside from a few courageous the Dalai Lama is not supported. Quite these things. They want the oppor- journalists. Many times people in the frankly, the PRC Government is tunity to be free. political process can complain about wrong, and the people of Tibet support At one place we met a woman at wor- the press. the Dalai Lama. ship. When she realized we were Ameri- I say, as Thomas Jefferson said, ‘‘God On the issue of religious persecution, cans, she burst forth. She started to bless the free press, because if the press next week this body will hold hearings talk and then began to sob and tears were not going in and covering many of on a piece of legislation introduced by poured down her face as she told us of these cases, the world would not know about 115 members of this body, Repub- the conditions. about it.’’ licans, Democrats, conservatives, lib- She said ‘‘Lhasa may be beautiful on So the press, whenever they can get erals, Independents, across the board, the outside, but inside it is ugly. We in, are attempting to tell the story, but which will set up a special office in the are not allowed to practice what we the Chinese Government will not allow White House to look at the religious want to practice. Senior monks are the press in. persecution. gone, and there are no replacements, The U.S. Government’s policy seems As many people know, there are per- and they are our teachers.’’ many times to be based on economics, haps more Christians being persecuted Asked for a message to America, she to open more and more markets with today than at maybe any other time in said, ‘‘Please help us, please help the China and to ignore every other aspect the history of this country in so many Dalai Lama. When there is pressure of responsible behavior. Men cannot other countries, and last year this Con- from the West,’’ and I would urge this live by bread alone, and economic gress proudly put the Congress on administration that has not put pres- growth, while it is important, is not record to deal with the issue of the per- sure, and she said, ‘‘Many times when the main thing in life. Also, the spir- secution of people of faith of whatever there is pressure from the West, things itual aspects and the opportunity for faith. And one of the faiths that we dis- loosen up a bit before returning to as faith are important, and the United cussed in the last Congress, and we will before. Please have America help us.’’ States Government and President Clin- deal with in this legislation, will be Every single person with whom we ton, when he meets with the Chinese, those of the Buddhists in Tibet. spoke had very positive feelings with should raise this issue. We visited numerous monasteries regard to America and with regard to The clock is ticking. The clock is where monks and nuns would talk to the American people. We were always ticking for Tibet. If nothing is done, a us. Their stories amplified what we had given a thumbs-up or a smile with a country, its people, its religion, its cul- already learned. Every monastery we comment, ‘‘America is great.’’ ture, will continue to grow fainter and visited was tightly controlled by a The people would not stop talking to fainter and could one day disappear. small group of Chinese overseers, who us, even when their safety could have That would indeed be a tragedy. have a cadre to report. And how would been potentially threatened. But when Based on the observations, I will sub- you like to have a cadre at your they knew that we were from America, mit a complete copy of the report for church, a cadre at your synagogue, a they were pleased, they smiled, because the RECORD at the summation of these cadre at your mosque? Why does the they have great respect. They listen to comments, here are some of the obser- Chinese Government have to put cadres Radio Free Asia and they know about vations and recommendations. at all the monasteries in Tibet? America, and they were pleased to see First, the administration must ap- I call on the government to dem- that somebody was going to go back point a special representative for Tibet onstrate that they should withdraw and take the word back. who will both understand the condi- and pull these people out, whereby The Chinese stranglehold, the Chi- tions there and who will aggressively these Buddhist monks and nuns can nese assault is on the cities, the coun- pursue improvements. The person that worship without having Chinese over- tryside, the environment. It has been they should appoint for Tibet should be seers watching everything that they no less harsh than its assault on the someone like Richard Holbrook, some- do. people. body who is strong and knows the Every report we heard told of a dra- What they are doing to the environ- issue, somebody who speaks out, some- matic reduction in the number of ment of Tibet is terrible. Tibet areas in body like that, and not somebody who monks at the monasteries. Many were Lhasa are being demolished and re- will just go along and get along and imprisoned for not turning their backs placed with smaller and more confined not do anything. on the Dalai Lama. It would almost be structures, with remaining space being Second, the administration should like somebody asking you to deny given over to Chinese users. The area raise with the People’s Republic of something, to deny your family, to in front of the Potala Palace has been China the issue of Tibet, both before deny your mother, to deny your father; bulldozed and leveled and turned into and during the forthcoming visit by and they refuse to deny them, and sort of a minimum or small Tiananmen Chinese President Jiang Zemin to thereby they are taken away to prison. Square, with a MiG, a Chinese MiG, in Washington. Efforts to obtain the re- Many are in prison for not turning the middle, like it is something that lease of political prisoners must be their backs on the Dalai Lama, or even people want to see, some MiG on stilts. part of that initiative. We know of ap- refusing to give up the pictures of him. All of the Tibetan buildings in front of proximately 700 political prisoners that September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6959 are rotting away in the jails of Tibet, Perm Camp 35, on the bridge in Berlin Mr. PAUL, for 5 minutes, today. and these political prisoners, their going from East to West Berlin, the f cases should be raised. Communist officials told him to walk Third, efforts to open Tibet to the straight across the bridge. What did EXTENSION OF REMARKS international press and human rights Scharanski do? He walked this way and By unanimous consent, permission to groups must go forward. As long as the then that way, and he zigged and revise and extend remarks was granted Chinese continue to exercise power zagged, because he was a free man, and to: away from the public scrutiny, brutal he remembered that the people of the (The following Members (at the re- excesses will continue. West stood with him, and we should quest of Mr. FILNER) and to include ex- Asia Watch should go in. The Amer- stand with the prisoners of conscience traneous matter:) ican Red Cross, the ICRC, the Swiss in Tibet. Mr. COYNE. Red Cross, religious groups, different Sixth, we urge a strong effort that of- Mr. POSHARD. people should all ask for the oppor- ficials from the International Commit- Ms. BROWN of Florida. tunity to go and visit Tibet, see if the tee of the Red Cross, the ICRC, and the Mr. LAFALCE. people in Beijing are being true when American Bureau of Prisons visit the Mr. BONIOR. they say that Tibet is open and you can Tibetan prisons to observe the condi- Mr. STOKES. travel. tion and treatment of prisoners and Mr. KENNEDY of Massachusetts. You should ask to travel. You should urge and push for improvements. Mr. FARR. ask for a visa. You should ask for a b 1530 Mr. BORSKI. permit and see if you are able to go. Mr. TOWNS. Fourth, I urge my colleagues in the If the Chinese want to come into our Mr. STARK. House and in the Senate to make every prisons, fine, let them come into ours, Mr. SCHUMER. effort to travel to Tibet. Congressional and we will go into theirs. Mr. BERMAN. delegations traveling into Tibet could Seventh, I urge the administration Mr. MOAKLEY. very well make a difference. Even and the press for representatives from Mr. PALLONE. though they may have a Chinese han- the free world to attend the trials of (The following Members (at the re- dler with them, the very nature of an Tibetans accused of political crimes, as quest of Mr. PAUL) and to include ex- American Member of Congress or a has been done in Eastern Europe and traneous matter:) Western member of the parliament elsewhere. Mr. HANSEN. coming in, being there, walking During the Soviet Union and Eastern Mrs. KELLY. through the markets, walking through Europe we would send an American Mr. NEY. the town, being seen, sends a message representative of the American Em- Mr. CAMP. to the Tibetan people that the people bassy who would go and sit in the Mr. PACKARD. of the West and the people of the Unit- courtroom, be at the trial, which would (The following Members (at the re- ed States care. put some restraint on the Communist quest of Mr. WOLF) and to include ex- I urge my colleagues in the House officials. traneous matter:) and in the Senate to adopt a prisoner Eigth, I urge religious leaders of all Mr. PALLONE. of conscience and contact the People’s denominations around the world to Mr. SCHUMER. Republic of China time and time again pressure the Peoples Republic of China Mr. HOYER. on his or her behalf. for permission to visit Tibet. Mr. TORRES. When Perm Camp 35 in the Soviet Last, I urge the administration and Union existed during the dark days of others to press the Chinese Govern- f communism, we went in and met with ment to engage in negotiations and in ADJOURNMENT the prisoners. The prisoners told us dialogue with the Dalai Lama concern- they knew when a family in the United ing the future of Tibet, and to give the Mr. WOLF. Mr. Speaker, I move that States or the West adopted them and people of Tibet their freedom. the House do now adjourn. wrote to them. They knew about it. I close by saying to the Chinese Gov- The motion was agreed to; accord- ingly (at 3 o’clock and 31 minutes Sometimes the letters got to them, ernment, 51⁄2 million Tibetans are of sometimes they just got to the warden. absolutely no threat to 1.2 billion Chi- p.m.), under its previous order, the If the warden knew that 10 or 20 letters nese. House adjourned until Monday, Sep- tember 8, 1997, at 12:30 p.m. for morning a week or a day were coming in for f prisoner X or Y, the warden was careful hour debates. how they treated that prisoner. If it LEAVE OF ABSENCE f never got to the Perm Camp, but it got By unanimous consent, leave of ab- EXECUTIVE COMMUNICATIONS, to Moscow, then the word came forth sence was granted to: ETC. from the Communist official, be careful Mr. BALLENGER (at the request of Mr. what you do to prisoner X or Y. ARMEY) for today after 10:30 a.m., on Under clause 2 of rule XXIV, execu- So we in the Congress and the Amer- account of personal reasons. tive communications were taken from ican people should adopt prisoners of f the Speaker’s table and referred as fol- conscience and write to them and send lows: SPECIAL ORDERS GRANTED them messages and try to visit them, 4809. A letter from the Congressional Re- send them magazines, write to the Chi- By unanimous consent, permission to view Coordinator, Animal and Plant Health nese Government, write to the Chinese address the House, following the legis- Inspection Service, transmitting the Serv- Embassy here in Washington, because lative program and any special orders ice’s final rule—National Poultry Improve- we have to let the world know. heretofore entered, was granted to: ment Plan and Auxiliary Provisions [Docket (The following Members (at the re- No. 96–070–2] received August 20, 1997, pursu- If you can imagine you are in the ant to 5 U.S.C. 801(a)(1)(A); to the Committee darkest, most dingy place almost on quest of Mr. FILNER) to revise and ex- on Agriculture. the Earth and nobody cares, you won- tend their remarks and include extra- 4810. A letter from the Congressional Re- der, does anybody care? So by adopting neous material:) view Coordinator, Animal and Plant Health these prisoners of conscience, as we did Mr. UNDERWOOD, for 5 minutes, today. Inspection Service, transmitting the Serv- in the Soviet Union in the 1970’s and Mr. PALLONE, for 5 minutes, today. ice’s final rule—Mexican Fruit Fly Regula- 1980’s, we make a difference. Mr. FILNER, for 5 minutes, today. tions; Removal of Regulated Area [Docket Just talk to Natan Scharanski, who Mr. FLAKE, for 5 minutes, today. No. 97–085–1] received August 20, 1997, pursu- was so courageous, in Perm Camp 35. (The following Members (at the re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. He knew the West was thinking of him, quest of Mr. PAUL) and to include ex- 4811. A letter from the Administrator, was praying for him, was remembering traneous matter:) Farm Service Agency, transmitting the him. He was so proud and so bold and Mr. DIAZ-BALART, for 5 minutes each Agency’s final rule—Upland Cotton Market- encouraged that when he got out of day, on September 9 and 10. ing Year Transition Procedure for Import H6960 CONGRESSIONAL RECORD — HOUSE September 5, 1997 Quotas—received August 8, 1997, pursuant to viated New Drug Applications; Editorial the Administration’s final rule—Federal Ac- 5 U.S.C. 801(a)(1)(A); to the Committee on Amendments [21 CFR Part 314] received Au- quisition Regulation; Modification of Exist- Agriculture. gust 20, 1997, pursuant to 5 U.S.C. ing Contracts under FASA (National Aero- 4812. A letter from the General Sales Man- 801(a)(1)(A); to the Committee on Commerce. nautics and Space Administration) [FAC 97– ager, Foreign Agricultural Service, trans- 4822. A letter from the Director, Regula- 01; FAR Case 94–723; Item XVIII] (RIN: 9000– mitting the Service’s final rule—CCC Facil- tions Policy Management Staff, Office of AG90) received August 14, 1997, pursuant to 5 ity Guarantee Program (FGP) (Commodity Policy, Food and Drug Administration, U.S.C. 801(a)(1)(A); to the Committee on Gov- Credit Corporation) [Workplan Number 96– transmitting the Administration’s final ernment Reform and Oversight. 001] (RIN: 0551–AA35) received August 7, 1997, rule—Food Additives Permitted in Feed and 4831. A letter from the Deputy Associate pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Drinking Water of Animals; Selenium [Dock- Administrator for Acquisition Policy, Gen- mittee on Agriculture. et No. 86F–0060] received August 25, 1997, pur- eral Services Administration, transmitting 4813. A letter from the Director, Defense suant to 5 U.S.C. 801(a)(1)(A); to the Commit- the Administration’s final rule—Federal Ac- Procurement, Department of Defense, trans- tee on Commerce. quisition Regulation; Year 2000 Compliance mitting the Department’s final rule—Defense 4823. A letter from the Director, Regula- (National Aeronautics and Space Adminis- Federal Acquisition Regulation Supplement; tions Policy Management Staff, Office of tration) [FAC 97–01; FAR Case 96–607; Item Contract Action Reporting [DFARS Case 97– Policy, Food and Drug Administration, XVII] (RIN: 9000–AG90) received August 14, D013] received August 15, 1997, pursuant to 5 transmitting the Administration’s final 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on Na- rule—Specific Requirements on Content and Committee on Government Reform and tional Security. Format of Labeling for Human Prescription Oversight. 4814. A letter from the Federal Register Li- Drugs; Addition of ‘‘Geriatric Use’’ Sub- 4832. A letter from the Deputy Associate aison Officer, Department of the Treasury, section in the Labeling [Docket No. 89N–0474] Administrator for Acquisition Policy, Gen- transmitting the Department’s final rule— (RIN: 0910–AA25) received September 3, 1997, eral Services Administration, transmitting Incorporation, Organization, and Conversion pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Administration’s final rule—Federal Ac- of Federal Mutual Associations (Office of mittee on Commerce. quisition Regulation; Independent Govern- Thrift Supervision) [No. 97–83] (RIN: 1550– 4824. A letter from the Director, Office of ment Estimates-Construction (National Aer- AB06) received August 25, 1997, pursuant to 5 Congressional Affairs, Nuclear Regulatory onautics and Space Administration) [FAC 97– U.S.C. 801(a)(1)(A); to the Committee on Commission, transmitting the Commission’s 01; FAR Case 97–005; Item XVI] (RIN: 9000– Banking and Financial Services. final rule—Final Policy Statement on the AH63) received August 14, 1997, pursuant to 5 4815. A letter from the Director, Office of Restructuring and Economic Deregulation of U.S.C. 801(a)(1)(A); to the Committee on Gov- Regulatory Management and Information, the Electric Utility Industry [10 CFR Part ernment Reform and Oversight. Environmental Protection Agency, transmit- 50] received August 20, 1997, pursuant to 5 4833. A letter from the Deputy Associate ting the Agency’s final rule—Regulation of U.S.C. 801(a)(1)(A); to the Committee on Administrator for Acquisition Policy, Gen- Fuels and Fuel Additives: Baseline Require- Commerce. eral Services Administration, transmitting ments for Gasoline Produced by Foreign Re- 4825. A letter from the Director, Office of the Administration’s final rule—Federal Ac- finers [FRL–5883–3] (RIN: 2060–AH48) received Congressional Affairs, Nuclear Regulatory quisition Regulation; Local Government August 25, 1997, pursuant to 5 U.S.C. Commission, transmitting the Commission’s Lobbying Costs (National Aeronautics and 801(a)(1)(A); to the Committee on Commerce. final rule—Chemical Process Safety at Fuel Space Administration) [FAC 97–01; FAR Case 4816. A letter from the AMD—Performance Cycle Facilities [NUREG–1601] received Au- 96–003; Item XV] (RIN: 9000–AH35) received Evaluation and Records Management, Fed- gust 25, 1997, pursuant to 5 U.S.C. August 14, 1997, pursuant to 5 U.S.C. eral Communications Commission, transmit- 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Govern- ting the Commission’s final rule—Telephone 4826. A letter from the Director, Defense ment Reform and Oversight. 4834. A letter from the Deputy Associate Number Portability [CC Docket No. 95–116, Security Assistance Agency, transmitting Administrator for Acquisition Policy, Gen- RM–8535] received August 25, 1997, pursuant notification concerning the Department of eral Services Administration, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on the Army’s proposed Letter(s) of Offer and the Administration’s final rule—Federal Ac- Commerce. Acceptance (LOA) to Israel for defense arti- quisition Regulation; Foreign Differential 4817. A letter from the AMD—Performance cles and services (Transmittal No. 97–35), Pay (National Aeronautics and Space Ad- Evaluation and Records Management, Fed- pursuant to 22 U.S.C. 2776(b); to the Commit- ministration) [FAC 97–01; FAR Case 96–012; eral Communications Commission, transmit- tee on International Relations. Item XIV] (RIN: 9000–AH43) received August ting the Commission’s final rule—Policy and 4827. A letter from the Acting Chief Coun- 14, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Rules Concerning the Interstate, Inter- sel, Office of Foreign Assets Control, Depart- the Committee on Government Reform and exchange Marketplace; Implementation of ment of the Treasury, transmitting the De- Oversight. partment’s final rule—Reporting and Proce- Section 254(g) of the Communications Act of 4835. A letter from the Deputy Associate 1934, as amended [CC Docket No. 96–61] re- dures Regulations: Consolidation of Informa- Administrator for Acquisition Policy, Gen- ceived August 25, 1997, pursuant to 5 U.S.C. tion Collections; Annual Reports on Blocked eral Services Administration, transmitting 801(a)(1)(A); to the Committee on Commerce. Assets and Retained Transfers; Reports on the Administration’s final rule—Federal Ac- 4818. A letter from the Secretary, Federal Rejected Transfers; Reports on Litigation; quisition Regulation; Designation of Hong Trade Commission, transmitting the Com- Procedure for Releasing Funds Believed to Kong (National Aeronautics and Space Ad- mission’s final rule—Rule Concerning Disclo- Have Been Blocked due to Mistaken Iden- ministration) [FAC 97–01; FAR Case 97–019; sures Regarding Energy Consumption and tity; Procedure for Removal from the Lists Item XIII] (RIN: 9000–AH68) received August Water Use of Certain Home Appliances and of Blocked Persons and Vessels [31 CFR 14, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Other Products Required Under the Energy Parts 500, 501, 505, 515, 535, 536, 550, 560, 575, the Committee on Government Reform and Policy and Conservation Act [16 CFR Part 585, 590, 595, and 596] received August 25, 1997, Oversight. 305] received August 6, 1997, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4836. A letter from the Deputy Associate U.S.C. 801(a)(1)(A); to the Committee on mittee on International Relations. Administrator for Acquisition Policy, Gen- Commerce. 4828. A letter from the Deputy Associate eral Services Administration, transmitting 4819. A letter from the Director, Regula- Administrator for Acquisition Policy, Gen- the Administration’s final rule—Federal Ac- tions Policy Management Staff, Office of eral Services Administration, transmitting quisition Regulation; Executive Order 12933, Policy, Food and Drug Administration, the Administration’s final rule—Federal Ac- Nondisplacement of Qualified Workers Under transmitting the Administration’s final quisition Regulation; Small Entity Compli- Certain Contracts (National Aeronautics and rule—Indirect Food Additives: Adjuvants, ance Guide National Aeronautics and Space Space Administration) [FAC 97–01; FAR Case Production Aids, and Sanitizers [Docket No. Administration) [48 CFR Chapter 1] received 94–610; Item XII] (RIN: 9000–AH62) received 89F–0176] received August 8, 1997, pursuant to August 14, 1997, pursuant to 5 U.S.C. August 14, 1997, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Govern- 801(a)(1)(A); to the Committee on Govern- Commerce. ment Reform and Oversight. ment Reform and Oversight. 4820. A letter from the Director, Regula- 4829. A letter from the Deputy Associate 4837. A letter from the Deputy Associate tions Policy Management Staff, Office of Administrator for Acquisition Policy, Gen- Administrator for Acquisition Policy, Gen- Policy, Food and Drug Administration, eral Services Administration, transmitting eral Services Administration, transmitting transmitting the Administration’s final the Administration’s final rule—Federal Ac- the Administration’s final rule—Federal Ac- rule—Indirect Food Additives: Adhesives and quisition Regulation; Modification of Exist- quisition Regulation; Minority Small Busi- Components of Coatings [Docket No. 92F– ing Contracts under FARA (National Aero- ness and Capital Ownership (National Aero- 0261] received August 15, 1997, pursuant to 5 nautics and Space Administration) [FAC 97– nautics and Space Administration) [FAC 97– U.S.C. 801(a)(1)(A); to the Committee on 01; FAR Case 96–606; Item XIX] (RIN: 9000– 01; FAR Case 95–028; Item XI] (RIN: 9000– Commerce. AH44) received August 14, 1997, pursuant to 5 AH34) received August 14, 1997, pursuant to 5 4821. A letter from the Director, Regula- U.S.C. 801(a)(1)(A); to the Committee on Gov- U.S.C. 801(a)(1)(A); to the Committee on Gov- tions Policy Management Staff, Office of ernment Reform and Oversight. ernment Reform and Oversight. Policy, Food and Drug Administration, 4830. A letter from the Deputy Associate 4838. A letter from the Deputy Associate transmitting the Administration’s final Administrator for Acquisition Policy, Gen- Administrator for Acquisition Policy, Gen- rule—New Drug Applications and Abbre- eral Services Administration, transmitting eral Services Administration, transmitting September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6961 the Administration’s final rule—Federal Ac- eral Services Administration, transmitting 4856. A letter from the Director, Office of quisition Regulation; Economically Dis- the Administration’s final rule—Federal Ac- Sustainable Fisheries, National Oceanic and advantaged Individuals (National Aero- quisition Regulation; FASA and the Walsh- Atmospheric Administration, transmitting nautics and Space Administration) [FAC 97– Healey Public Contracts Act (National Aero- the Administration’s final rule—Fisheries of 01; FAR Case 97–008; Item X] (RIN: 9000–AH65) nautics and Space Administration) [FAC 97– the Northeastern United States; Summer received August 14, 1997, pursuant to 5 U.S.C. 01; FAR Case 96–601; Item II] (RIN: 9000– Flounder Fishery; Commercial Quota Har- 801(a)(1)(A); to the Committee on Govern- AH31) received August 14, 1997, pursuant to 5 vested for Maryland [Docket No. 961210346– ment Reform and Oversight. U.S.C. 801(a)(1)(A); to the Committee on Gov- 7035–02; I.D. 081597C] received August 25, 1997, 4839. A letter from the Deputy Associate ernment Reform and Oversight. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administrator for Acquisition Policy, Gen- 4847. A letter from the Deputy Associate mittee on Resources. eral Services Administration, transmitting Administrator for Acquisition Policy, Gen- 4857. A letter from the Deputy Assistant the Administration’s final rule—Federal Ac- eral Services Administration, transmitting Administrator for Fisheries, National Oce- quisition Regulation; Certificate of Com- the Administration’s final rule—Federal Ac- anic and Atmospheric Administration, trans- petency (National Aeronautics and Space quisition Regulation; Business Process Inno- mitting the Administration’s final rule— Administration) [FAC 97–01; FAR Case 96–002; vation (National Aeronautics and Space Ad- Fisheries off West Coast States and in the Item IX] (RIN: 9000–AH66) received August ministration) [FAC 97–01; FAR Case 97–006; Western Pacific; Pacific Coast Groundfish 14, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Item I] (RIN: 9000–AH64) received August 14, Fishery; 1997 Management Measures for the Committee on Government Reform and 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Nontrawl Sablefish [Docket No. 970520120– Oversight. Committee on Government Reform and 7198–02; I.D. 040297A] (RIN: 0648–AJ19) re- 4840. A letter from the Deputy Associate Oversight. ceived August 25, 1997, pursuant to 5 U.S.C. Administrator for Acquisition Policy, Gen- 4848. A letter from the Deputy Associate 801(a)(1)(A); to the Committee on Resources. eral Services Administration, transmitting Administrator for Acquisition Policy, Gen- 4858. A letter from the Director, Office of the Administration’s final rule—Federal Ac- eral Services Administration, transmitting Sustainable Fisheries, National Oceanic and quisition Regulation; ADP/Telecommuni- the Administration’s final rule—Federal Ac- Atmospheric Administration, transmitting cations Federal Supply Schedules (National quisition Circular 97–01; Introduction (Na- the Administration’s final rule—Fisheries of Aeronautics and Space Administration) tional Aeronautics and Space Administra- the Exclusive Economic Zone Off Alaska; [FAC 97–01; FAR Case 96–602; Item VIII] (RIN: tion) [48 CFR Chapter 1] received August 14, ‘‘Other Rockfish’’ Species Group in the East- 9000–AH29) received August 14, 1997, pursuant 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the ern Regulatory Area of the Gulf of Alaska to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Government Reform and [Docket No. 961126334–7025–02; I.D. 070397D] Government Reform and Oversight. Oversight. received August 25, 1997, pursuant to 5 U.S.C. 4841. A letter from the Deputy Associate 4849. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Resources. Administrator for Acquisition Policy, Gen- Personnel Management, transmitting the Of- 4859. A letter from the Director, Office of eral Services Administration, transmitting fice’s final rule—Presidential Management Sustainable Fisheries, National Oceanic and the Administration’s final rule—Federal Ac- Intern Program (RIN: 3206–AH53) received Atmospheric Administration, transmitting quisition Regulation; Service Contracting August 13, 1997, pursuant to 5 U.S.C. the Administration’s final rule—Fisheries of (National Aeronautics and Space Adminis- 801(a)(1)(A); to the Committee on Govern- the Exclusive Economic Zone Off Alaska, Pa- cific Ocean Perch in the Eastern Regulatory tration) [FAC 97–01; FAR Case 95–311; Item ment Reform and Oversight. VII] (RIN: 9000–AH14) received August 14, 4850. A letter from the Director, Office of Area of the Gulf of Alaska [Docket No. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Personnel Management, transmitting the Of- 961126334–7025–02; I.D. 070797A] received Au- gust 25, 1997, pursuant to 5 U.S.C. Committee on Government Reform and fice’s final rule—Qualification Requirements 801(a)(1)(A); to the Committee on Resources. Oversight. (General) (RIN: 3206–AH85) received August 4860. A letter from the Director, Office of 4842. A letter from the Deputy Associate 19, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Surface Mining Reclamation and Enforce- Administrator for Acquisition Policy, Gen- the Committee on Government Reform and ment, transmitting the Office’s final rule— eral Services Administration, transmitting Oversight. Indiana Regulatory Program [SPATS No. the Administration’s final rule—Federal Ac- 4851. A letter from the Assistant Secretary, IN–127–FOR; State Program Amdt. No. 95–5] quisition Regulation; New FAR Certificates Land and Minerals Management, Depart- received September 3, 1997, pursuant to 5 (National Aeronautics and Space Adminis- ment of the Interior, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on Re- tration) [FAC 97–1; FAR Case 96–329; Item VI] partment’s final rule—Pipeline Right-Of- sources. (RIN: 9000–AH67) received August 14, 1997, Way Applications and Assignment Fees; Re- 4861. A letter from the Director, Federal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quirements for Filing of Lease Transfers Bureau of Prisons, transmitting the Bureau’s mittee on Government Reform and Over- (RIN: 1010–AC04) received August 12, 1997, final rule—Religious Beliefs and Practices sight. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [BOP 1011–F] (RIN: 1120–AA17) received Au- 4843. A letter from the Deputy Associate mittee on Resources. gust 15, 1997, pursuant to 5 U.S.C. Administrator for Acquisition Policy, Gen- 4852. A letter from the Acting Assistant 801(a)(1)(A); to the Committee on the Judici- eral Services Administration, transmitting Secretary for Fish and Wildlife and Parks, ary. the Administration’s final rule—Federal Ac- Department of the Interior, transmitting the 4862. A letter from the Commissioner, Im- quisition Regulation; Environmentally Department’s final rule—Regulations for the migration and Naturalization Service, trans- Sound Products (National Aeronautics and Administration of Special Use Permits on mitting the Service’s ‘‘Major’’ final rule— Space Administration) [FAC 97–01; FAR Case National Wildlife Refuges in Alaska (RIN: Nonimmigrant Classes; Treaty Aliens; E 92–054A; Item V] (RIN: 9000–AG40) received 1018–AD93) received August 25, 1997, pursuant Classification [INS 1427–93] (RIN: 1115–AC51) August 14, 1997, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on received August 20, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Govern- Resources. 801(a)(1)(A); to the Committee on the Judici- ment Reform and Oversight. 4853. A letter from the Acting Assistant ary. 4844. A letter from the Deputy Associate Secretary for Fish and Wildlife and Parks, 4863. A letter from the Acting Assistant Administrator for Acquisition Policy, Gen- Department of the Interior, transmitting the Secretary for Fish and Wildlife and Parks, eral Services Administration, transmitting Department’s final rule—Migratory Bird Fish and Wildlife Service, transmitting the the Administration’s final rule—Federal Ac- Harvest Information Program (RIN: 1018– Service’s final rule—Clean Vessel Act quisition Regulation; Automatic Data Proc- AD08) received August 25, 1997, pursuant to 5 Pumpout Symbol, Slogan and Program Cred- essing Equipment Leasing Costs (National U.S.C. 801(a)(1)(A); to the Committee on Re- iting (RIN: 1018–AC67) received August 14, Aeronautics and Space Administration) sources. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the [FAC 97–01; FAR Case 96–010; Item IV] (RIN: 4854. A letter from the Under Secretary for Committee on Transportation and Infra- 9000–AH41) received August 14, 1997, pursuant Oceans and Atmosphere, Department of structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce, transmitting the Department’s 4864. A letter from the Chief Counsel, Bu- Government Reform and Oversight. final rule—Financial Assistance for the reau of the Public Debt, transmitting the 4845. A letter from the Deputy Associate Pribilof Environmental Restoration Pro- Bureau’s final rule—Regulations Governing Administrator for Acquisition Policy, Gen- gram (National Oceanic and Atmospheric United States Treasury Certificates of In- eral Services Administration, transmitting Administration) received August 19, 1997, debtedness, Treasury Notes, and Treasury the Administration’s final rule—Federal Ac- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- BONDs—State and Local Government Series quisition Regulation; Irrevocable Letters of mittee on Resources. [Department of the Treasury Circular, Pub- Credit and Alternatives to Miller Act Bonds 4855. A letter from the Acting Chair, Fed- lic Debt Series No. 3–72] received August 29, (National Aeronautics and Space Adminis- eral Subsistence Board, transmitting the 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the tration) [FAC 97–01; FAR Case 95–301; Item Board’s final rule—Subsistence Management Committee on Ways and Means. III] (RIN: 9000–AG99) received August 14, 1997, Regulation for Public Lands in Alaska, Sub- 4865. A letter from the Chief, Regulations pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- part C & Subpart D—1997–1998 Subsistence Unit, Internal Revenue Service, transmitting mittee on Government Reform and Over- Taking of Fish and Wildlife Regulations; the Service’s final rule—Rules and Regula- sight. Correcting Amendments (RIN: 1018–AD90) re- tions [Rev. Proc. 97–41] received August 6, 4846. A letter from the Deputy Associate ceived August 25, 1997, pursuant to 5 U.S.C. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Administrator for Acquisition Policy, Gen- 801(a)(1)(A); to the Committee on Resources. Committee on Ways and Means. H6962 CONGRESSIONAL RECORD — HOUSE September 5, 1997

4866. A letter from the Chief, Regulations nical corrections to such statutes; to the Pennsylvania, Mr. SHIMKUS, Mr. Unit, Internal Revenue Service, transmitting Committee on the Judiciary. LAZIO of New York, Mr. WELLER, Mr. the Service’s final rule—Examination of re- By Mr. CASTLE: SAXTON, Mr. PITTS, Mr. WELDON of turns and claims for refund, credit, or abate- H.R. 2414. A bill to provide for a 10-year cir- Florida, Mr. BOB SCHAFFER, Mr. ment; determination of correct tax liability culating commemorative coin program to COOK, Mr. RYUN, Ms. ROS-LEHTINEN, [Rev. Proc. 97–42] received August 6, 1997, commemorate each of the 50 States, and for Mr. PORTER, Mr. FORBES, Mr. OXLEY, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- other purposes; to the Committee on Bank- Mr. NADLER, Mr. ENGEL, and Mr. mittee on Ways and Means. ing and Financial Services. FOLEY): 4867. A letter from the Chief, Regulations By Mr. CONDIT: H. Con. Res. 146. Concurrent resolution ex- Unit, Internal Revenue Service, transmitting H.R. 2415. A bill to amend the Federal pressing the sense of the Congress regarding the Service’s final rule—Last-in, first-out in- Water Pollution Control Act concerning the the terrorist bombing in Jerusalem on Sep- ventories [Rev. Rul. 97–37] received August effect of administrative orders on civil pen- tember 4, 1997; to the Committee on Inter- 29, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to alty actions; to the Committee on Transpor- national Relations. the Committee on Ways and Means. tation and Infrastructure. By Mr. ALLEN: 4868. A letter from the Chief, Regulations By Mr. HEFLEY: H. Con. Res. 147. Concurrent resolution ex- Unit, Internal Revenue Service, transmitting H.R. 2416. A bill to provide for the transfer pressing the sense of Congress that a postage the Service’s final rule—Determination of of certain rights and property to the U.S. stamp should be issued commemorating Issue Price in the Case of Certain Debt In- Forest Service in exchange for a payment to Joshua Lawrence Chamberlain; to the Com- struments Issued for Property [Rev. Rul. 97– the occupant of such property, and for other mittee on Government Reform and Over- 36] received August 25, 1997, pursuant to 5 purposes; to the Committee on Resources. sight. U.S.C. 801(a)(1)(A); to the Committee on By Mr. KENNEDY of Rhode Island: By Mr. FAZIO of California: Ways and Means. H.R. 2417. A bill to amend the Social Secu- H. Res. 221. Resolution designating minor- 4869. A letter from the Chief, Regulations rity Act to fight fraud by hospitals under the ity membership on certain standing commit- Unit, Internal Revenue Service, transmitting Medicare Program, and for other purposes; tees of the House; considered and agreed to. the Service’s final rule—Employee Plans and to the Committee on Ways and Means. f Exempt Organizations; Requests for Certain By Ms. MILLENDER-MCDONALD (for Determination Letters and Applications for herself, Mr. FAZIO of California, Mr. PRIVATE BILLS AND Recognition of Exemption [Announcement UNDERWOOD, Mr. FALEOMAVAEGA, Ms. RESOLUTIONS 97–89] received August 25, 1997, pursuant to 5 NORTON, Mr. GUTIERREZ, Mr. HAST- INGS of Florida, Mr. TOWNS, Ms. Under clause 1 of rule XXII, private U.S.C. 801(a)(1)(A); to the Committee on bills and resolutions were introduced Ways and Means. SLAUGHTER, Mrs. MEEK of Florida, 4870. A letter from the Secretary of Health Ms. EDDIE BERNICE JOHNSON of Texas, and severally referred as follows: and Human Services, transmitting the De- Mr. RUSH, Mr. WAXMAN, Ms. BROWN of By Mr. FRANK of Massachusetts: partment’s final rule—Medicare Program; Florida, Ms. JACKSON-LEE, Mr. WYNN, H.R. 2425. A bill for the relief of Lawrence Hospice Wage Index (Health Care Financing Mr. PAYNE, Mr. DELLUMS, Ms. E. Hall, Jr. and Nancy T. Hall; to the Com- Administration) [BPD–820–F] (RIN: 0938– LOFGREN, Mr. CONYERS, Mr. DIXON, mittee on the Judiciary. AG93) received August 8, 1997, pursuant to 5 and Mr. DAVIS of Illinois): By Mr. REYES: U.S.C. 801(a)(1)(A); to the Committee on H.R. 2418. A bill to extend the National H.R. 2426. A bill for the relief of Vince Ways and Means. Bone Marrow Donor Program, and to estab- Munoz, Governor of the Tribal Council of the lish a provision regarding the bone marrow f Ysleta del Sur Pueblo and all other enrolled registry and persons of mixed ancestry; to members of the Ysleta del Sur Pueblo; to the REPORTS OF COMMITTEES ON the Committee on Commerce. Committee on the Judiciary. PUBLIC BILLS AND RESOLUTIONS By Mr. REYES: H. Res. 222. Resolution for the relief of H.R. 2419. A bill to amend the Ysleta del Vince Munoz, Governor of the Tribal Council Under clause 2 of rule XIII, reports of Sur Pueblo and Alabama and Coushatta In- of the Ysleta del Sur Pueblo and all other en- committees were delivered to the Clerk dian Tribes of Texas Restoration Act to de- rolled members of the Ysleta del Sur Pueblo; for printing and reference to the proper crease the requisite blood quantum required to the Committee on the Judiciary. calendar, as follows: for membership in the Ysleta del Sur Pueblo f tribe; to the Committee on Resources. Mr. YOUNG of Alaska: Committee on Re- By Mr. SANFORD: ADDITIONAL SPONSORS sources. H.R. 901. A bill to preserve the sov- H.R. 2420. A bill to permit the transpor- ereignty of the United States over public tation of passengers between U.S. ports by Under clause 4 of rule XXII, sponsors lands and acquired lands owned by the Unit- certain foreign-flag vessels and to encourage were added to public bills and resolu- ed States, and to preserve State sovereignty U.S. flag vessels to participate in such trans- tions as follows: and private property rights in non-Federal portation; to the Committee on National Se- H.R. 66: Mr. PASCRELL. lands surrounding those public lands and ac- curity. H.R. 108: Mr. LEVIN. quired lands; with an amendment (Rept. 105– By Mr. STARK: H.R. 164: Mr. BOUCHER, Mr. HYDE, Mr. MAR- 245). Referred to the Committee of the Whole H.R. 2421. A bill to repeal the Military Se- TINEZ, Mr. COBURN, Mr. SCOTT, Mr. MEEHAN, House on the State of the Union. lective Service Act; to the Committee on Na- Mr. CUMMINGS, Mr. HOYER, Mr. STARK, Mr. f tional Security. SERRANO, Mr. ENSIGN, Mr. NEY, Mr. MAS- H.R. 2422. A bill to amend the Social Secu- CARA, Mr. LOBIONDO, Mr. MOLLOHAN, Mr. PUBLIC BILLS AND RESOLUTIONS rity Act to provide for findings of presump- HASTINGS of Florida, Mr. TIERNEY, Mr. Under clause 5 of rule X and clause 4 tive disability under title II of such act in DIXON, and Mr. GUTIERREZ. of rule XXII, public bills and resolu- the same manner and to the same extent as H.R. 176: Mr. KUCINICH. tions were introduced and severally re- is currently applicable under title XVI of H.R. 198: Mrs. CHENOWETH. such act; to the Committee on Ways and ferred as follows: H.R. 336: Mr. PASCRELL. Means, and in addition to the Committee on H.R. 404: Ms. CHRISTIAN-GREEN, Mr. SEN- By Mr. DELAHUNT: Commerce, for a period to be subsequently SENBRENNER, and Mr. SHERMAN. H.R. 2411. A bill to provide for a land ex- determined by the Speaker, in each case for H.R. 444: Mr. JEFFERSON. change involving the Cape Cod National Sea- consideration of such provisions as fall with- H.R. 561: Ms. EDDIE BERNICE JOHNSON of shore and to extend the authority for the in the jurisdiction of the committee con- Texas and Mr. COYNE. Cape Cod National Seashore Advisory Com- cerned. H.R. 594: Mr. ACKERMAN, Mr. DAVIS of Illi- mission; to the Committee on Resources. By Mr. TOWNS: nois, Mr. WEXLER, Mr. CAMP, Mr. COLLINS, By Mr. SMITH of Texas: H.R. 2423. A bill to direct the Secretary of Mr. HINCHEY, Mr. FRANKS of New Jersey, Mr. H.R. 2412. A bill to amend the Immigration Health and Human Services to disseminate MCCOLLUM, Mr. TIERNEY, Ms. PELOSI, Ms. and Nationality Act to modify the religious to the public information relating to fraud, JACKSON-LEE, Mr. BACHUS, Mr. TALENT, and worker visa programs and to extend the visa abuse, and quality of care in nursing homes; Mr. ABERCROMBIE. waiver pilot program, and to amend the Ille- to the Committee on Commerce. H.R. 610: Mrs. THURMAN. gal Immigration Reform and Immigrant Re- By Ms. WOOLSEY: H.R. 612: Mr. CUNNINGHAM. sponsibility Act of 1996 to modify the effec- H.R. 2424. A bill to recognize businesses H.R. 619: Mr. NADLER and Mr. DIXON. tive date for certain paperwork changes in which show an exemplary commitment to H.R. 712: Mr. DELLUMS. the employer sanctions programs; to the participating with schools to enhance edu- H.R. 735: Mr. CONYERS, Mr. DELLUMS, Mr. Committee on the Judiciary. cators’ technology capabilities and to make DAVIS of Illinois, Mr. FILNER, and Mr. RUSH. H.R. 2413. A bill to amend the Immigration every student technologically literate; to the H.R. 755: Mr. COBURN and Mr. DAVIS of Illi- and Nationality Act; title 18, United States Committee on Education and the Workforce. nois. Code; the Illegal Immigration Reform and By Mr. GILMAN (for himself, Mr. HAM- H.R. 834: Mr. BURR of North Carolina. Immigrant Responsibility Act of 1996; and ILTON, Mr. BERMAN, Mr. LANTOS, Mr. H.R. 836: Mr. BLAGOJEVICH, Mr. CLEMENT, the Immigration Act of 1990 to make tech- HAYWORTH, Mr. SHERMAN, Mr. FOX of Mr. COSTELLO, Mr. DEUTSCH, Mr. DICKS, Mr. September 5, 1997 CONGRESSIONAL RECORD — HOUSE H6963

HEFNER, Mr. HOLDEN, Mr. KUCINICH, Mr. LI- H.R. 1839: Mr. BAESLER, Mrs. THURMAN, and H.R. 2387: Mrs. ROUKEMA, Ms. DELAURO, PINSKI, Mrs. MALONEY of New York, Mr. MAS- Mr. POMEROY. Mr. GREEN, and Mr. ABERCROMBIE. CARA, Mr. MCHALE, Mr. MEEHAN, Mr. MOLLO- H.R. 1842: Mr. SKEEN. H. Con. Res. 80: Mr. LANTOS, Mr. TURNER, HAN, Mr. OBERSTAR, Mr. PASCRELL, Mr. PE- H.R. 1872: Mr. GILLMOR and Mr. PAXON. Mr. SHAW, and Mr. LAHOOD. TERSON of Minnesota, Mr. RODRIGUEZ, Mr. H.R. 1878: Mr. PARKER. H. Con. Res. 91: Mr. LUTHER. SABO, Mr. SISISKY, Ms. SLAUGHTER, Mr. H.R. 1909: Mr. DAN SCHAEFER of Colorado, H. Con. Res. 95: Mr. SENSENBRENNER, Ms. WEYGAND, Mrs. KENNELLY of Connecticut, Mrs. CHENOWETH, Mr. SCARBOROUGH, and Mr. KAPTUR, Mr. BASS, Mr. TAUZIN, and Mr. Mr. KLINK, and Mr. PRICE of North Carolina. WELDON of Florida. MCCRERY. H.R. 875: Mr. KUCINICH. H.R. 1913: Mr. GREEN and Mr. SANDLIN. H. Con. Res. 100: Mr. CALVERT, Mr. SAM H.R. 877: Mr. HOSTETTLER, Mr. H.R. 1995: Mr. BILBRAY, Mr. STARK, Mr. JOHNSON, Mr. BROWN of Ohio, Mrs. MORELLA, ROHRABACHER, Mr. ARCHER, Mr. GOODE, Mr. HORN, Mr. FRANK of Massachuesetts, Mr. Mr. JEFFERSON, Mr. KING of New York, Mr. SCARBOROUGH, Ms. DANNER, Mr. HILLIARD, HINCHEY, Mr. FILNER, Mr. MATSUI, and Mr. MORAN of Virginia, Mr. DUNCAN, Mr. Mr. CRAMER, and Mr. SNYDER. JONES. HILLIARD, Mr. MCCRERY, Mr. GALLEGLY, and H.R. 925: Mr. LUTHER. H.R. 2038: Mr. RADANOVICH. Ms. KAPTUR. H.R. 953: Mr. FAZIO of California. H.R. 2090: Mr. QUINN, Mr. FORBES, Ms. H. Con. Res. 132: Mr. HALL of Texas and Mr. H.R. 971: Mr. NEAL of Massachusetts. SLAUGHTER, Mr. MCNULTY, Mr. THOMPSON, ROHRABACHER. H.R. 1060: Mr. MCCRERY. Mr. TRAFICANT, Mr. LAMPSON, Mr. LOBIONDO, H. Res. 16: Mrs. MCCARTHY of New York. H.R. 1061: Mr. JENKINS. and Mr. DEFAZIO. H. Res. 37: Mr. MINGE. H.R. 1114: Mr. HAYWORTH. H.R. 2121: Mrs. LOWEY. H. Res. 119: Mr. COOK and Mr. RIGGS. H.R. 1129: Mr. PASCRELL and Mr. YOUNG of H.R. 2129: Mr. LINDER, Mr. HOBSON, and Mr. H. Res. 214: Mr. SPENCE. Alaska. ENGLISH of Pennsylvania. H. Res. 220: Mr. NEY. E AURO H.R. 1151: Ms. D L . H.R. 2156: Mr. KLUG. H.R. 1161: Mr. BISHOP. H.R. 2185: Mr. DELLUMS, Mr. f H.R. 1165: Ms. SANCHEZ. FALEOMAVAEGA, Mr. OWENS, and Mr. JACK- H.R. 1176: Mr. BILBRAY, Mr. PASCRELL, Ms. SON. ESHOO, Mr. PRICE of North Carolina, Mr. DELETIONS OF SPONSORS FROM H.R. 2196: Ms. ROS-LEHTINEN and Mr. BOB KENNEDY of Massachusetts, Mr. VENTO, and PUBLIC BILLS AND RESOLUTIONS SCHAFFER. Mr. HORN. H.R. 2253: Mr. HINOJOSA, Mr. REYES, Mr. Under clause 4 of rule XXII, sponsors H.R. 1231: Mr. MARTINEZ. FALEOMAVAEGA, and Ms. CHRISTIAN-GREEN. were deleted from public bills and reso- H.R. 1232: Mr. CAPPS. H.R. 2293: Mr. COBLE. H.R. 1260: Mr. DREIER. lutions as follows: H.R. 2332: Mr. COBURN. H.R. 1261: Mr. LEACH, Mr. GUTKNECHT, Mr. H.R. 674: Mr. CAMP. H.R. 2345: Mr. MOAKLEY. EWING, and Mr. HASTINGS of Washington. H.R. 2349: Mr. FATTAH, Mr. COYNE, Mr. H.R. 1446: Mr. OBERSTAR and Mr. LUTHER. f SKELTON, Mr. DOOLEY of California, Mr. LI- H.R. 1445: Ms. FURSE. PINSKI, Mr. POSHARD, Mr. PETRI, and Mr. H.R. 1493: Mr. GIBBONS. AMENDMENTS H.R. 1526: Mr. BLUNT, Mr. LEWIS of Ken- ABERCROMBIE. tucky, and Mr. GILCHREST. H.R. 2365: Mr. BOEHLERT. Under clause 6 of rule XXIII, pro- H.R. 1542: Mr. HOLDEN. H.R. 2373: Mr. KINGSTON, Mr. THUNE, Mr. posed amendments were submitted as H.R. 1614: Mr. BOEHLERT and Mr. ROTHMAN. DEAL of Georgia, and Mr. BOB SCHAFFER. follows: H.R. 2380: Mr. SMITH of Texas, Mr. COBLE, H.R. 1689: Mr. ROYCE. H.R. 2264 H.R. 1698: Mr. COYNE, Mr. HASTINGS of Flor- Mr. GIBBONS, Mr. WOLF, Mr. GOODE, Mr. PE- OFFERED BY: MR. BURTON OF INDIANA ida, and Ms. CHRISTIAN-GREEN. TERSON of Minnesota, Mr. BRYANT, Mr. SMITH H.R. 1719: Mr. WATKINS. of New Jersey, Mr. COBURN, and Mr. AMENDMENT NO. 60: Page 44, line 16, after H.R. 1769: Mr. MILLER of California. LARGENT. the dollar amount, insert the following: (‘‘de- H.R. 1770: Mr. MILLER of California. H.R. 2385: Mr. FORD, Mr. ADAM SMITH of creased by $1,000,000)’’. H.R. 1782: Mr. BILBRAY. Washington, Mr. BLAGOJEVICH, Mr. Page 73, line 15, after the first dollar H.R. 1836: Mr. HOYER and Mr. MORAN of LOBIONDO, Mr. GILMAN, Mr. DELLUMS, Mr. amount, insert the following: ‘‘(increased by Virginia. PASCRELL, and Mr. MORAN of Virginia. $1,000,000)’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, FRIDAY, SEPTEMBER 5, 1997 No. 116 Senate The Senate met at 9:30 a.m. and was SCHEDULE with dozens of accommodations made called to order by the President pro Mr. JEFFORDS. Mr. President, for for Senator KENNEDY and the adminis- tempore [Mr. THURMOND]. the information of all Members, this tration. PRAYER morning, the Senate will immediately For almost 20 years, Congress, the The Chaplain, Dr. Lloyd John begin debate on the motion to proceed General Accounting Office, and numer- Ogilvie, offered the following prayer: to S. 830, the FDA reform bill, with the ous advisory commissions have exam- Almighty God, our motto says, ‘‘In time until 9:50 a.m. equally divided in ined, reviewed, and made recommenda- the usual form. As previously ordered, God we trust.’’ This morning our pray- tions to modernize the FDA. er is to put that motto into practice. a cloture vote on the motion to proceed Each of us comes to this time of prayer to the FDA bill will occur at 9:50 a.m. During 1978 and 1979, Senator KEN- with his or her own set of personal Also by previous consent, if cloture is NEDY championed legislation that needs. You know these, Lord. We place invoked, the Senate will immediately would have required FDA to do some of in Your strong hands whatever holds us begin 8 hours of debate equally divided the very same things we are requiring captive to anxiety or worry. There are between Senators JEFFORDS and KEN- of it in S. 830. people in our lives for whom we are NEDY on the motion to proceed. In addi- In 1982, the Commission on the Fed- tion, there will be an additional 4 hours deeply concerned. We trust You with eral Drug Approval Process, convened their care. of debate on the motion to proceed re- We pray for the peace of Jerusalem. maining on Monday. As a reminder to at the request of Representatives AL- We pray for the families of the 7 people all Members, there will be a cloture BERT GORE and James Scheuer, rec- who were killed in the bombing and vote on the motion to proceed to the ommended simpler investigational new ask for Your special care for the 200 FDA reform bill at 9:50 a.m. today. I drug requirements. The Commission that are now convalescing because of thank my colleagues for their atten- recognized that drug effectiveness injuries in the bombing. O Lord, bless tion. could be demonstrated by one study in that city with peace. Mr. President, how much time do we appropriate cases, and it urged greater Thank You for freeing our minds so have? use of outside expert advice and im- we can work for Your glory today— f proved interactions with industry. with inner calm and serenity. Lord, You know the agenda before FOOD AND DRUG ADMINISTRATION In 1989, the advisory committee on the Senate is filled with crucial issues. MODERNIZATION AND ACCOUNT- the FDA, on which Dr. David Kessler We commit them to You and ask for ABILITY ACT OF 1997—MOTION TO served, made a key recommendation. It Your guidance. PROCEED said: We pray that the trust we have in The PRESIDING OFFICER (Mr. . . . the agency should be guided by the You may give us greater trust in one COATS). Under the previous order, there another. Make us trustworthy as we principle that expeditious approval of useful will be debate until 9:50 a.m., equally and safe new products enhances the health of seek Your best for our Nation. Free us divided, on S. 830. It will be a little bit of defensiveness and suspicion of those the American people. Approving such prod- less than 12 minutes. ucts can be as important as preventing the who may not share our party loyalties Mr. JEFFORDS. Mr. President, I or our particular persuasions. Bind us marketing of harmful or ineffective prod- yield myself 2 minutes. ucts. together in the oneness of a shared The PRESIDING OFFICER. The Sen- commitment to You, a passionate pa- ator from Vermont is recognized. In 1991, Vice President Quayle’s triotism, and the loyal dedication to Mr. JEFFORDS. Mr. President, I sa- Council on Competitiveness rec- find Your solutions for the concerns lute the majority leader for moving the ommended that the FDA expand the that confront and often divide us. debate on the FDA modernization for- Bless the women and men of this use of outside reviews and advisory ward. We should no longer needlessly Senate as they place their ultimate committees, interpret efficacy with a delay consideration of S. 830, the Food trust in You and are faithful to the more appropriate standard, and en- trust placed in them by the people. and Drug Administration Moderniza- hance internal agency management. tion and Accountability Act of 1997. Through our Lord and Saviour. Amen. More recently, Vice President GORE f S. 830 represents months of biparti- san effort to address serious short- has used the President’s ‘‘reinventing RECOGNITION OF THE ACTING comings in the FDA’s regulatory proce- Government’’ initiative to improve the MAJORITY LEADER dures. Two hearings were held. The FDA product approval system and to The PRESIDENT pro tempore. The measure passed the committee with a eliminate outmoded FDA regulations able acting majority leader is recog- strong bipartisan 14-to-4 vote, and for a variety of drugs, medical devices, nized. months of negotiations have ensued and food products.

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

S8837 S8838 CONGRESSIONAL RECORD — SENATE September 5, 1997 Last year, the committee on Labor trying to consider a wide variety of dif- I want to point out what this legisla- and Human Resources held four hear- ferent recommendations and sugges- tion is going to do with regard to cos- ings on reforming the FDA. The wit- tions and for working with the mem- metics, to all of the Members as we are nesses testified about the same prob- bers of our committee, both the Repub- coming over here to consider a cloture lems that have been described for 20 licans and Democrats. vote. We have to recognize and we will years, and they recommended many of This has been a trying process, but I have a chance later on in the morning the same solutions that have been rec- commend him—and I speak for all of to point out the limitation of the Food ommended for 20 years. those on our side—for the diligence and Drug Administration in regulating This year, the Labor Committee con- with which he has approached this and cosmetics. It has virtually no regu- tinued its effort to modernize the FDA. the knowledge he has demonstrated on latory authority in this area. The committee held two hearings in this particular range of issues. The American people should take no early 1997. The first hearing was dedi- We all understand, the American peo- satisfaction in extent of the protec- cated to the FDA, and the second hear- ple understand, that the principal re- tions regarding the cosmetics they use ing included representatives from pa- sponsibility of the FDA is to preserve every single day because the Food and tient and consumer coalitions and from and protect the public health. This is Drug Administration does not have the the food, drug, and medical devices sec- different from other agencies. There- jurisdiction to determine what is in tor regulated by the FDA. It is no easy fore, any alteration or change in the those cosmetics, whether they are safe task that we ask FDA to perform. authority of the FDA and in consider- and whether they are effective. Abso- Americans want the FDA to hold the ation that various aspects of the law lutely none. There are only two mem- gate tightly shut against unsafe or in- have to be balanced against what is in bers of the FDA who are out there su- effective products while opening it the short-term, medium-term and long- pervising this issue—only two members wide for the next generation of innova- term interest of the public health of of the FDA—in terms of looking out tion. Clear statutory guidance is need- the American people. The FDA is the after the packaging and the labeling ed to assist the agency to find this deli- singular agency throughout the world provisions—two members. cate balance and to bring our food and that has demonstrated that it under- The enforcement, in terms of protec- drug laws and regulatory systems into stands that particular commitment tion of the public health on the issues the next century. S. 830 contributes and has done an extraordinary job. of cosmetics, are left to the States. significantly to reaching that balance. Many of us have frustrations about That is where the real regulatory au- The measure embodies the bipartisan the FDA on particular products in our thority is today. And now, because of conclusions and recommendations State and about general kinds of proc- the greed—and it is greed—of the cos- reached for the past 20 years for accom- ess and procedure. But no one can re- metic industry and because of the suc- plishing this difficult task of balancing view the history of the FDA and not cess of a referendum in California, they risk and promise. understand that today the FDA is the want to preempt any kind of protec- Mr. President, a few have charged principal instrument for approving new tions for the health and the safety en- that this Congress is moving too fast. drugs and new medical devices. This acted by the States with Federal legis- They ask, ‘‘What’s the rush?’’ But they legislation today is to try to extend lation that will effectively eliminate have asked the wrong question. For the what we call the PDUFA, which is a for all time the possibility of the past 20 years, every administration has proposal that was enacted under the States providing protection on health sought to make FDA better—to make leadership of Senator HATCH and my- and safety. That was put into this leg- better, safe and more effective prod- self a number of years ago, which pro- islation as an amendment. That ucts more readily available. After al- vides user fees by the major drug com- amendment has been objected to, not most 20 years, we must ask ourselves, panies to make sure that we will have just by the Senator from Massachu- why delay further? Why continue to the expertise to consider various drug setts, but by all of the Governors of the delay reforms that have been studied, products more rapidly. There is an im- 50 States. reviewed, recommended, restudied, and portant need for the extension of that I will submit the correspondence endorsed again and again for over 20 particular proposal, and all of us want from the National Governors’ Associa- years? Clearly, the FDA should be mod- to see it extended. I am a strong sup- tion and from a principal Republican ernized now. porter of extending it. There are many, Attorney General Dan Lundgren of the The PRESIDING OFFICER. The many features of this legislation which State of California, a State that has Chair informs the Senator from Ver- I support. done more in terms of protecting the mont, on his time, there are 4 minutes But having said that, Mr. President, American public as a result of the leg- 24 seconds remaining. we have to look at the remaining items islation passed in California than any- Mr. JEFFORDS. Thank you. I yield that need attention and, in particular, one else. the floor. one which is completely unacceptable The last GAO study points out that Mr. KENNEDY addressed the Chair. and enough to warrant and justify the in the cosmetics used primarily by The PRESIDING OFFICER. The Sen- attention of the Members of the Senate women in this country every day, 125 ator from Massachusetts. about whether we are prepared to move ingredients are suspected of causing Mr. KENNEDY. Mr. President, I have ahead and consider this legislation, cancer, 20 ingredients are suspected of how much time? with that particular provision in in, damaging the nervous system, 20 ingre- The PRESIDING OFFICER. Eight that is now before the U.S. Senate. It is dients are suspected of causing birth minutes. a provision that was not a part of ei- defects. And the list goes on and on and Mr. KENNEDY. I yield myself 6 min- ther the initial proposal that was ad- on. utes. vanced last year by Senator Kasse- And to put that into this legislation The PRESIDING OFFICER. The Sen- baum or advanced this year by Senator without a single day of hearings—with- ator is recognized for 6 minutes. JEFFORDS. It concerns the whole ques- out a single day of hearings; the last PRIVILEGE OF THE FLOOR tion of the preemption of the States hearings in the Senate of the United Mr. KENNEDY. Mr. President, I ask with regard to cosmetics and over-the- States were in 1978—will amount to a unanimous consent that Diane Robert- counter medicines, but primarily on wholesale threat to the health of the son be given the privilege of the floor the issue of cosmetics. American consumer. Primarily the during the consideration of this legisla- There are other important protection women of this country do not deserve tion. items dealing with unsafe or ineffec- the kind of vote for cloture in moving The PRESIDING OFFICER. Without tive medical devices, including provi- ahead and effectively denying us the objection, it is so ordered. sions that could undercut FDA’s abil- opportunity for a full debate and dis- Mr. KENNEDY. Mr. President, first ity to regulate cigarettes, and there is cussion of the issues that this provi- of all, I congratulate my friend and col- a back-door assault on one of the most sion deserves. That is why I hope that league, Senator JEFFORDS, for the at- important environmental protections. the vote on cloture is not successful. tention he has given to trying to bring We will have a chance to get into those The PRESIDING OFFICER. The time the FDA into the modern world and to later in the course of the morning. of the Senator has expired. September 5, 1997 CONGRESSIONAL RECORD — SENATE S8839 Mr. JEFFORDS. I yield 2 minutes to I wish to say to my colleagues, we regulations, disclosure requirements, label- the Senator from Connecticut, Senator have worked very long and hard to ing, and warning requirements as they apply DODD, and the remaining time after move FDA reform ahead, to make sure to nonprescription drugs and cosmetics. The National Conference of State Legislatures that to Senator COATS. that products, whether they be phar- and the National Governors’ Association, Mr. DODD addressed the Chair. maceuticals, biologics, or cosmetics, The PRESIDING OFFICER. The Sen- vigorously oppose this provision and hope are available in a safe way to the that it will not be part of the bill when it is ator from Connecticut. American people. There are policy dif- reported by the Senate. Mr. DODD. I thank my colleague ferences, but they should be decided on These are the Governors, the State from Vermont. the basis of debates and votes. We Mr. President, I urge our colleagues legislatures. The Secretary of Health should not hold up reform on the basis indicated that ‘‘We and the administra- to vote to invoke cloture on this. But of process. let me say at the outset here I want to tion all agree PDUFA is in the best in- Let us vote for cloture. Let us move terest. However, as maintained in its commend our colleagues, and particu- the bill forward. Let us resolve our dif- larly my colleague from Massachusetts present form, with the outstanding is- ferences in the usual and customary on this matter. He has labored for sues not addressed, we will be forced to way. I ask my colleagues to join with many, many years on FDA legislation. recommend to veto the legislation.’’ me to vote for cloture, and then move And he brings up an issue here regard- We are talking about health and safe- forward in an adequate, robust and ing the cosmetics issue which will cer- ty. And we will have a chance to de- well-amplified debate on the issues. tainly be the subject of debate and has velop that in the postvote of this. But I thank the Senator from Indiana. been the subject of debate in our com- this bill contains too many important Mr. COATS. Mr. President, I would mittee over the last 21⁄2 years. In the provisions with PDUFA and the medi- like to add my support, in a bipartisan most recent round of markups—we cal devices and the drug provisions to way, to the remarks as stated by the have been through a couple markups— go forward. And I believe that it should Senator from Connecticut and the Sen- the bill has had pretty substantial bi- go forward, but not with this provision. ator from Maryland and the efforts partisan support coming out of the The PRESIDING OFFICER (Mr. that have been undertaken by the committee. I think our vote was some- COATS). Time has expired. chairman, Chairman JEFFORDS, and all thing like 14 to 4 in the last markup. CLOTURE MOTION This is an important piece of legisla- of us on the committee over the past 1 The PRESIDING OFFICER. By unan- tion. September 30 is coming. We have 2 ⁄2 years to move this bill forward. There has been extensive debate on imous consent, pursuant to rule XXII, to reauthorize PDUFA. This is the first the Chair lays before the Senate the time we have been able to deal with this in committee, 21⁄2 years’ worth. There has been extensive hearings on pending cloture motion, which the FDA in a way that will not only guar- clerk will state. antee that we will have a quicker re- this. There has been extensive negotia- tion, and there has been extensive com- The assistant legislative clerk read sponse on these applications, but also a as follows: safe and efficient and effective re- promise on the part of those of us who CLOTURE MOTION sponse for the consumers, the patient are advocating FDA reform. groups of this country. We have made concession after con- We, the undersigned Senators, in accord- This is a very important piece of leg- cession after concession to Senator ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby KENNEDY and the administration and islation. I commend my colleague from move to bring to a close debate on the mo- Vermont, the chairman of the commit- to those who have opposed our efforts tion to proceed to Calendar No. 105, S. 830, tee, for his leadership on this. The in an attempt just to get the bill to the the FDA reform bill: committee has worked very, very hard floor. Every time we solved one issue, a Trent Lott, Jim Jeffords, Pat Roberts, on this, my colleague from Indiana and new one pops up that we had discussed Kay Bailey Hutchison, Tim Hutchin- others. We have had some very difficult over and over and over and voted on in son, Conrad Burns, Chuck Hagel, Jon Kyl, Rod Grams, Pete Domenici, Ted issues over the last 21⁄2 years to try to committee, but it does not mean that reach compromise on and resolve them. we should not move forward with the Stevens, Christopher S. Bond, Strom process. Thurmond, Judd Gregg, Don Nickles, And we have, by and large, with the ex- Paul Coverdell. ception of this one issue which is a All we are asking for today is to great testament to the efforts of the move this bill forward so that Senator The PRESIDING OFFICER. The members of the committee and the KENNEDY and others who have concerns question is, Is it the sense of the Sen- staffs that have worked on this. with it can raise their objections, can ate that debate on the motion to pro- But I think it is time now that we debate it once again, can negotiate ceed to the consideration of S. 830, the bring the bill to the floor and try to some more. But to stop the bill from FDA Modernization and Accountability leave it up to the Members themselves going forward, to keep the drugs from Act, shall be brought to a close? to resolve any outstanding issues that being approved, to keep funds from The yeas and nays are required under we have or, hopefully, over the next going into FDA, to deny people the the rule. The clerk will call the roll. coming days, to achieve a compromise benefits from FDA approval of drugs The assistant legislative clerk called so we can avoid a kind of battle here on and devices, simply because a Senator the roll. the floor over one or two remaining is- has a problem with one portion of the Mr. NICKLES. I announce that the sues. bill, I think certainly does not serve Senator from Arizona [Mr. MCCAIN], Mr. President, I urge that we move this body well. the Senator from Alaska [Mr. MURKOW- forward on this. We have done a good So I urge our colleagues to support SKI], the Senator from Pennsylvania job I think in the committee. It is not the effort to invoke cloture so that we [Mr. SANTORUM], and the Senator from uncommon for there to be an outstand- can move ahead with this. Wyoming [Mr. THOMAS] are necessarily ing issue. I urge the invoking of clo- Mrs. BOXER. Will the Senator yield? absent. ture. Mr. COATS. I would be happy to. Ms. MIKULSKI. I announce that the The PRESIDING OFFICER (Mr. JEF- The PRESIDING OFFICER. Time has Senator from Kentucky [Mr. FORD] and FORDS). The Senator’s time has ex- expired. the Senator from Ohio [Mr. GLENN] are pired. Senator KENNEDY has 1 minute. necessarily absent. The Senator from Indiana has 2 min- Mr. KENNEDY. Mr. President, it is The PRESIDING OFFICER. Are there utes 24 seconds. not just one Senator. Let me read from any other Senators in the Chamber de- Mr. COATS. I would like to yield ‘‘The National Governors’ Association, siring to vote? some of that time to the Senator from The National Conference of State Leg- The yeas and nays resulted—yeas 89, Maryland, if she is interested in mak- islatures.’’ nays 5, as follows: ing some comments. I have a limited When the Senate Labor and Human Re- [Rollcall Vote No. 220 Leg.] amount of time, but I would be happy sources Committee considered the Food and YEAS—89 to yield a portion of it. Drug Administration Reform legislation ... Abraham Baucus Bingaman Ms. MIKULSKI. Thank you very the committee adopted an amendment pro- Allard Bennett Bond much. posed by Senator Gregg that preempts state Ashcroft Biden Boxer S8840 CONGRESSIONAL RECORD — SENATE September 5, 1997 Breaux Gramm Mack Mr. KENNEDY. I thank the Chair. ics has not been updated since 1938. The Brownback Grams McConnell Bryan Grassley Mikulski The legislation we are debating today FDA has less than 30 employees over- Bumpers Gregg Moseley-Braun includes many positive elements. It re- seeing this huge industry. Only two Burns Hagel Moynihan authorizes the important prescription deal with packaging and labeling. Byrd Harkin Murray drug user fee program, one of the most The legislation, Mr. President, the Campbell Hatch Nickles Chafee Helms Reid effective regulatory reforms ever en- food and drug and related law, has 126 Coats Hollings Robb acted. It includes a number of other pages dealing with drugs and devices. Cochran Hutchinson Roberts provisions that will significantly im- It has 55 pages for foods. It has 11⁄2 Collins Hutchison Rockefeller prove and streamline the regulation of pages of Federal law dealing with cos- Conrad Inhofe Roth Coverdell Inouye Sarbanes prescription drugs, biologic products, metics. It basically does not deal with Craig Jeffords Sessions and medical devices. And I am pleased regulating the cosmetics of this Na- D’Amato Johnson Shelby that through a long process of negotia- tion. Daschle Kempthorne Smith (NH) The FDA has no authority to require DeWine Kerrey Smith (OR) tion, both prior to and subsequent to Dodd Kerry Snowe the markup of the legislation, many manufacturers of cosmetics to register Domenici Kohl Specter provisions that seriously threaten pub- their plans or products. The FDA has Dorgan Kyl Stevens lic health and safety were dropped or no authority to require manufacturers Enzi Landrieu Thompson Faircloth Lautenberg Thurmond compromised. But a bill that includes to register their plans or products. It Feingold Leahy Torricelli the damaging provisions that remain cannot require manufacturers to file Feinstein Levin Warner in this bill, should not become law. data on the ingredients of their prod- Frist Lieberman Wellstone I have received a letter this morning ucts. So there is no information with Gorton Lott Wyden Graham Lugar from the Administration announcing regard to the ingredients of their prod- their opposition to these provisions ucts. That is completely different, ob- NAYS—5 and their judgment that the bill should viously, from the complex and vigorous Akaka Durbin Reed Cleland Kennedy be vetoed if they are not eliminated. It review schedules which are places for would be the height of folly for the pharmaceuticals and for medical de- NOT VOTING—6 Senate to doom this important legisla- vices. The FDA cannot require the Ford McCain Santorum tion to failure by taking it up before manufacturers of cosmetics to file data Glenn Murkowski Thomas the provisions that merit a veto are re- on the ingredients in their products. It The PRESIDING OFFICER. On this moved or changed. cannot compel manufacturers to file vote, the yeas are 89, the nays are 5. The provisions that make this bill reports on cosmetics-related injuries. Three-fifths of the Senators duly cho- unworthy of passage by the Senate in- It cannot require their products be sen and sworn having voted in the af- clude: The preemption of State regula- tested for safety, nor can it require firmative, the motion is agreed to. tion of cosmetics and over-the-counter that the results of safety testing be Mr. JEFFORDS. Mr. President, I medicines; the elimination of two im- made available to the agency. It has no want to most sincerely thank my col- portant protections against unsafe or power, as it does with prescription leagues for the tremendous vote to ineffective medical devices, including a move forward on FDA reform. This is drugs and medical devices, to require provision that could undercut FDA’s most rewarding. All of the proponents that the tests be done or that they ability to regulate cigarettes, and a and supporters are pleased to know gather information as a result of tests. backdoor assault on one of the most that we can go forward at this time. It has no oversight authority in terms This is a tribute to a lot of hard work important environmental protections. of making sure there are safe manufac- and compromise from a lot of Members The most egregious and unjustified tured products. None of that currently on both sides of the aisle and both sides provision in this bill would effectively exists with regard to cosmetics. The of the issue. The vote represents the preempt the State regulation of over- FDA does not have the right of access best of bipartisanship from Senators the-counter drugs and cosmetics. These to manufacturers’ records, and it can- who support it, and even from oppo- provisions were not included in the not require recall of a product. The nents and the administration. Today is chairman’s original mark. They were FDA is virtually outside the loop with just the first step, but it could hardly not the subject of significant hearings. regard to giving assurances to the be a better one. We will need to debate They have no place in a bill whose pri- American people about the health and this bill, consider amendments to it mary purpose is to reauthorize the Pre- safety of their products. This is unlike and, no doubt, improve it. I believe scription Drug User Act. prescription drugs, it is unlike over- that there are still changes that can be If this bill were serious about dealing the-counter drugs, it is unlike medical made to accommodate the concerns with issues of over-the-counter drug devices. The FDA is outside the loop. that have been expressed here by the and cosmetic regulation, it would un- A study by the respected, non- opponents. I know we can find solu- dertake a serious reform of the whole partisan General Accounting Office re- tions to those. regulatory structure to assure that ported that more than 125 ingredients We will need to debate this bill, con- consumers are adequately protected available for use in cosmetics are sus- sider amendments and, as I say, no and not include a single provision de- pected of causing cancer. Twenty cos- doubt, improve it. But I hope by this signed to protect the profits of wealthy metic ingredients may cause adverse time next week, the Senate will have companies at the expense of the health effects on the nervous system, includ- given its resounding support to this of consumers. Preemption of cosmetic ing headaches, drowsiness, and convul- bill. It is too important to the Amer- regulation is fundamentally out- sions. Twenty cosmetic ingredients are ican people to let it languish. It is too rageous and shows a callous disregard suspected of causing birth defects. The important for us not to move it out as for the health of American women, es- GAO concluded that cosmetics are quickly as possible. pecially those who are pregnant. It being marketed in the United States Mr. President, I yield the floor. shows a callous disregard for the likeli- that may pose a serious hazard to the Mr. KENNEDY addressed the Chair. hood of birth defects in newborn ba- public. That is the GAO. They con- The PRESIDING OFFICER. The Sen- bies. Cosmetics are used far more cluded that cosmetics are being mar- ator from Massachusetts. broadly than most prescription drugs, keted in the United States that may Mr. KENNEDY. Mr. President, I un- medical devices, and biologic products. pose a serious hazard to the public. derstand we have a time agreement, Whether the issue is hair spray, or The legislation that is before us is am I correct? Would the Chair be kind shampoo, or lipstick, or baby powder, saying that the States should not be enough to state it? or suntan lotion, or soap, or tooth- able to do anything about it. This is The PRESIDING OFFICER. The paste, Americans assume that the the primary issue in terms of the agreement is: Under a previous order, products they use are safe. But this health the American people—may we there will be 8 hours of debate, equally confidence is too often unjustified be- have order, Mr. President? divided between the Senator from Ver- cause Federal oversight of this $20 bil- The PRESIDING OFFICER. The Sen- mont [Mr. JEFFORDS] and the Senator lion industry today is extremely lim- ate will come to order. Senators will from Massachusetts [Mr. KENNEDY]. ited. The basic law regulating cosmet- cease audible conversation. Would the September 5, 1997 CONGRESSIONAL RECORD — SENATE S8841 Senators to the Chair’s left cease con- protections. But not in this legislation. spent in the committee in its discus- versation. Effectively we are preempting the sion. No ‘‘keep out of the reach of chil- The Senator from Massachusetts. States—telling the States they can’t dren’’ labels; no notification that a Mr. KENNEDY. The cosmetic indus- do it. We are not doing it, and we are product has been recalled because it is try wants the public to believe that no not going to permit the States to do it dangerous or adulterated; no notifica- effective regulation is necessary at ei- either, ever. tion. The cosmetic industry seems to ther the State or Federal level. They That is the effect of the provisions believe that for purchases of their are the masters of the slick ad and ex- that have been included and added on products ignorance is bliss. In fact, pensive public relations campaign. But to the bill in Committee—not in the what you don’t know today can se- all the glamorous pictures of the world initial proposal offered by Senator verely injury you, or even kill you. cannot obscure the basic facts. This is Kassebaum, not in the initial proposal Some States are already taking an an industry that is underregulated and, offered by Senator JEFFORDS. It was active role in protecting consumers. too often, hazardous. one of the last of the amendments that Many more may do so in the future. A mother of a beautiful 6-year-old were considered. There have been no But not if this bill becomes law. Min- girl in Oakland, CA, found this out hearings on this issue since 1978, 1988 in nesota has passed a hazardous product when she used a hair product on her the House of Representatives. Still we labeling bill requiring a warning on all child that resulted in second-degree have moved ahead, basically at the products that are ignitable, corrosive, burns on her ears and neck. A 59-year- whim of the cosmetic industry, a $20 reactive, or toxic. You would think old California woman almost died from billion industry. This bill entirely bars that all consumers should be entitled an allergic reaction to hair dye. A 47- the States from regulating packaging to that kind of information about prod- year-old woman had her cornea de- and labeling and places severe limits ucts which they put on their faces or stroyed by a mascara wand. In another on the States’ ability to establish spray on their hair or wash their bodies tragic case, a woman’s hair caught fire other forms of regulation. with. But the cosmetic industry dis- as a result of an inflammable hair Mr. President, just listen to this lan- agrees. treatment gel. She lost her hair and guage on the scope of the preemption California requires notification if a was severely scarred. Beauty parlor provision on the packaging or labeling product contains carcinogens or repro- employees are particularly vulnerable of a cosmetic: ‘‘ * * * shall be deemed ductive toxins that cause birth defects. to asthma and other diseases that re- to include any requirement relating to You would think every consumer sult from exposure to chemicals in the public information, or any other form should be entitled to that information. products that they use. of public communication relating to Not after you pass this provision. When In fact, for every 1 million cosmetic the safety or effectiveness of a drug or you take the time later in this debate products purchased, there are more cosmetic.’’ to go through each of these and show than 200 visits to the doctor to treat There it is, clear as can be; no more the medical information, the study, the cosmetic-caused illnesses. In 1987, a information for the people of Califor- research which supports that finding, study for the Consumer Product Safety nia, no more information for the people there are products that contain car- Commission found that, in 1 year in the Midwest or the East. This is cinogens and reproductive toxins. The alone, cosmetic products resulted in what it says. ‘‘This preemption shall be studies have been done by some of the 47,000 emergency room visits. These se- deemed to include any requirement re- great research institutions in this vere reactions are only the tip of the lating to public information, or any country, but the data from their stud- iceberg. As the GAO study points out, other form of public communication ies, warnings to expectant mothers, or available estimates of cosmetic-related relating to the safety or effectiveness to others who are going to use that injuries do not accurately reflect the of a drug or cosmetic.’’ product cannot be communicated to We don’t do it at the Federal level, extent to which consumers are exposed the American public by the States. and we are denying the States the op- That authority will be gone. You can to toxic cosmetic products and ingredi- portunity. What is the cosmetic indus- do all the research you want, find ev- ents. Because symptoms of chronic try so afraid of that they are preclud- erything you want, but that authority toxic effects may not occur until ing any public information or any will be gone. It is out. You would think months or years after exposure. The in- other form of public communication that the consumer should be entitled jury estimates generally account for relating to safety? What are they so to that information. only the acute toxic effects—the ef- frightened about? Is the almighty dol- We had support for nutritional label- fects that are seen right away. It is a lar worth that much when you are ing around here for consumers to have fact that many of the ingredients, ac- talking about carcinogens and toxic information. It is one of our most im- cording to the GAO, included in many substances? portant achievements, that people have products are toxic in nature, maybe There it is, Mr. President, as clear as some idea of the nutritional content of carcinogens, that take time to work can be. The language, no warning la- their diets, their fiber, and the various their way through the body system and bels, no information that a product nutritional elements included in those. only later reflect themselves in inci- contains carcinogens or can cause se- People want to know. That is enor- dence of cancer, or assaults on the vere allergic reactions; no ‘‘keep out of mously important in terms of the gen- nervous system, or birth defects long the reach of children’’ labels; no notifi- eral health and dietary needs of the after they are used. cation that a product has been recalled American people. But here we are talk- In the face of limited Federal author- because it is dangerous or adulterated; ing about carcinogens. We are talking ity to protect the public against these no expiration dates. Mexico requires about toxic substances. We have the in- hazards, and the even more limited re- expiration dates. The European Union formation that is being made available sources devoted to preventing them, has expiration dates. Sri Lanka has ex- to the public on the one hand. But you would think that the Congress piration dates. But no way—particu- when it comes back to items that are would want to encourage the States to larly in products such as mascara that going to endanger the health and safe- fill the regulatory vacuum. Since the can deteriorate and adulterate and ty, we are saying, no way—no at the Federal Government is not doing it, cause serious threats to people’s eyes— Federal level and no at the State level. you would think we would want the no expiration dates. The materials Texas is investigating hormone States to make sure that they are pro- have been held in terms of the danger creams that may affect the reproduc- tecting their consumers. of mascara over a period of time with- tive health of young women. You would That is logical. We are talking about out endanger rates or warnings to the think the States should be encouraged a health and safety issue. We are not public that use mascara; no preemp- to take this kind of action. But this talking about the economic regula- tion, right here in this legislation. law prohibits it. tions. We are talking about health and We are talking about health and safe- New York requires expiration dates safety issues. If we are not going to ty. That is why we voted on this meas- on cosmetics because products can have a responsibility in doing it, you ure—health and safety issues. break down and be subject to bacterial would think we would want the States We have already spent more time on contamination after a certain time pe- to move ahead and at least ensure the this issue now this morning than we riod. S8842 CONGRESSIONAL RECORD — SENATE September 5, 1997 Most of you would think that this is many more days of hearings before we In terms of the FDA process, PDUFA basic information that every consumer jump into this at this direction—when has done a great deal. The bill that we should have. But not the cosmetics in- you are talking about health and safe- are considering on the floor today in- dustry. If you want to try to say, OK; ty. And that has effectively never been cludes a reauthorization of PDUFA, we had a preemption of various States’ done. and represents many improvements in activities with regard to food and nu- Another unacceptable part of this the original bill that we started with, trition, yes. We did. We worked that bill, Mr. President, contains the two and, indeed, even the bill that emerged process out. It was worked out with the provisions dealing with the safety of from the committee. But there are still various interests of the American medical devices, which I will come to critical issues that have to be ad- consumer, and it is protected. If you in just a few moments. dressed in terms of protection of the want to go back and see where you I see a friend and colleague, the Sen- public health and safety. They are want to have a national program in ator from Rhode Island, here on the complicated issues. They are issues terms of preemption in terms of these floor. I would be glad to yield to him that require careful review and delib- dangers, you are going to talk about a whatever time he might take. eration. completely different regulation. But The PRESIDING OFFICER. The Sen- One of the disappointing aspects of that isn’t recommended. That isn’t ator from Rhode Island is recognized. this process is that the final version of Mr. REED. Thank you, Mr. Presi- suggested. That isn’t talked about. this bill was just released publicly dent. I thank the Senator from Massa- That isn’t being considered here. No. Wednesday, the same time the cloture chusetts for yielding. motion was filed. Again, in the spirit of All it is saying is you are not doing it Mr. President, over the past several careful, thorough, thoughtful review, here at the Federal level. Legislation months, we on the Labor Committee this does not provide the best oppor- under the Food and Drug Act doesn’t have been working diligently and effec- permit you to do it, right in that page tively to try to create a Food and Drug tunity to review all the nuances of this and a half. It shows that they don’t Administration reform bill—a bill that legislation. So that is why I believe the effort have the authority to do it. And we are truly balances the need for techno- today, led by Senator KENNEDY, is a not going to permit you to do it at the logical innovations and flexibility but very important one. It allows this body State level. that doesn’t upset the fundamental ob- to more carefully, more intelligently Mr. President, this provision of the ligations of the Food and Drug Admin- and more thoroughly review provisions bill is an example of what I consider to istration to protect the public’s health be the worst kind of sweetheart deal and safety. And we have made progress. that will affect the lives of untold for special interests at the expense of We have to recognize that the pur- Americans. I daresay that the Food the public interest. It is intolerable pose of this bill fundamentally is the and Drug Administration reaches the that it should be included in a bill that reauthorization of the Prescription lives of every American, probably more purports to be the Food and Drug Ad- Drug User Fee Act. That is the critical so than any regulatory agency in this ministration Modernization and Ac- dimension that we are faced with. With country. countability Act. We are supposed to the expiration of that authority at the All the prescription drugs on the be out here modernizing the FDA, on end of this month or the beginning of shelves, all of the medical devices that the one hand, balancing the very im- the next fiscal year, we would lose a are used—all of them, the food addi- portant public health interests and very valuable program, a program that tives, all of these things—are influ- also trying to consider the legitimate has generally provided great success in enced by FDA action. We have to be interest of the patient and the consum- speeding up approval, of ensuring that very careful, very thoughtful and, I be- ers using medical devices and new drugs are brought to the marketplace lieve, methodical. So today’s debate— pharmacy products. That is a balance. in a much more efficient and effective and again I commend Senator KENNEDY It is a difficult and a complex one. You way. Linking the authorization of the for ensuring that we do have a thor- want to bring on line the new kinds of Prescription Drug User Fee Act to the ough debate—is vitally important to innovative products. But you don’t controversial FDA reform proposals that goal. want to do it if it poses a threat to pub- may threaten many of the benefits of I mentioned that we have made lic safety. That is a balance. And we PDUFA—the acronym for the Prescrip- progress on this bill, but I should say have differences about the time, the tion Drug User Fee Act. I hope that there are also areas that need improve- process, and the procedure. Those are will not be the case. I hope we can ment—desperately need improvement. legitimate public health debates and work out some of these details and There is one in particular I would like discussions. reach a suitable conclusion. to speak to for a moment, and that is But not with regard to cosmetics. Much of the credit is due to the lead- the issue of medical device labeling. So we have worked through the ership of both Senator JEFFORDS and This bill contains a medical device whole area with regard to pharma- Senator KENNEDY. They have been provision which potentially opens up a ceuticals and with regard to devices. working diligently to arrive at a legis- serious public health loophole. Section There are two items which I think are lative proposal that would balance the 404 of this bill would prevent the Food of major importance that still need to need for a rapid and effective regu- and Drug Administration, before clear- be addressed. We have made very sig- latory response to the approval of med- ing a device for the market, from ex- nificant and important progress on the ical drugs and devices but also fun- amining whether a device will be used matters that are enormously impor- damentally protect the public health. for an unlabeled use before clearing it tant to the health and the safety of the Frankly, I suggest that this is the mo- for use in the market. This provision American public. tivation for our debate today. could allow the gaming of the FDA And because that train is going down The critical issue has to be, must be, process where companies could attempt the track, here comes an old industry, and should be the protection of the to escape a requirement of providing the cosmetic industry, to hook this public health and safety. That is why essential safety and effectiveness data sweetheart deal right on it; hook right we have a Food and Drug Administra- by adopting a very narrow use for the on it. tion. That is why we maintain a device. I hope we are not going to hear from strong, vigilant Food and Drug Admin- For example, under this bill, a com- other Members that we now need to istration. pany could get approval for a biopsy have hearings now on various other is- We have agreement, I believe, that needle from the FDA, even though it sues after what we have seen on the PDUFA is working, and that we can may be used in practice—and, indeed, cosmetics. I hope we are not going to move forward with PDUFA. The indus- this would be something that the com- have those issues. I heard the other day try is, indeed, thrilled by it. It works pany might have knowledge of—for an that we need more study in terms of well. They pay fees dedicated to the ex- entirely different purpose, such as for the testing of children. We need more amination and review of proposed tumor removal. Yet, the company hearings on all of this. We have had ex- drugs and devices. These resources could avoid submitting to the FDA any tensive hearings over in the House and have enabled the FDA to speed up the safety or effectiveness data on this de- some hearings over here. But we need process. vice for tumor removal because FDA September 5, 1997 CONGRESSIONAL RECORD — SENATE S8843 would be prohibited by law from asking proud. At this time, I am prepared to Mr. KENNEDY. The Senator is quite for that data. In other words, the FDA yield back to the senior Senator from correct. In the Secretary’s letter, she would be prohibited from looking be- Massachusetts. mentioned several items. I ask unani- hind the limited proposed use of the de- Mr. KENNEDY. I thank the Senator mous consent that the letter be printed vice. very much for identifying not only this in the RECORD. Another example is a company which issue on cosmetics, but also the issue There being no objection, the letter receives approval of a general surgical of the medical devices proposal. That is was ordered to be printed in the laser, even though the laser is clearly an extremely important measure. Obvi- RECORD, as follows: designed for prostate surgery. The pub- ously, if there is advertisement and an THE SECRETARY OF HEALTH lic health of the American people is de- intention for a certain kind of purpose AND HUMAN SERVICES, pendent upon a thorough and complete and technologically it is suitable for Washington, DC, September 5, 1997. review of such devices, and yet, section that purpose, it meets the health and Hon. JAMES M. JEFFORDS, 404 would essentially put blindfolds on safety standards to be used for other Chairman, Committee on Labor and Human Re- sources, U.S. Senate, Washington, DC. the agency. They very well might know kinds of purposes, that raises some DEAR MR. CHAIRMAN: I am writing to reit- from general literature, the company very, very important questions. erate the Administration’s commitment to might very well know from its sales The particular example that the Sen- continue working with you to accomplish force who, when they present this prod- ator gave with regard to the biopsy the timely reauthorization of the Prescrip- uct, hear medical professionals saying, needle is a current one. We understand tion Drug User Fee Act (PDUFA) of 1992 and ‘‘This is great, but I’ll use it for some- it might be a suitable device in getting the passage of constructive bipartisan Food thing else,’’ and yet the FDA would not a biopsy in terms of cancer, but there and Drug Administration (FDA) reforms. I very much appreciate your leadership and be able to require data on this likely are those actually using it to extract hard work on the important issues that are use. This provision would prevent the certain kinds of tumors. Whether it raised by the FDA legislation and the spirit FDA from providing for the safety and does that or not—and people assume it of cooperation and accommodation that re- effectiveness of medical devices. is going to be effective in doing that sulted in agreement on so many of the provi- The issue of allowing FDA to look be- because it is used for other purposes sions in the Food and Drug Administration yond the conditions of use on the label —this is something that the device has Accountability Act of 1997, S. 830. However, and evaluating the use of a device is not been tested for or intended. I think we are concerned that a timely reauthoriza- tion of PDUFA is in jeopardy. somewhat of a gray area. Certainly, ad- they there are very important health Mr. Chairman, since S. 830 was reported vances in technology, new uses by the issues that are related and can be ad- out of Committee in June, we have come a medical profession of devices should dressed. There are ways of trying to ad- long way and have reached agreement on not be inhibited, but we also do not dress those particular issues. We have what appeared to be the most difficult issues want to compromise the ability of the tried to do this, and we still have im- in the bill, including the dissemination of in- FDA to protect the public health. That portant health and safety issues which formation by drug and device manufacturers, is the great balance we must strike in I think are unresolved. the effectiveness standard for drugs and bio- Mr. REED. If the Senator will yield logics, the regulation of health economic this legislation: allowing for techno- claims, and the regulation of drugs made logical flexibility, regulatory effi- for response, one of my fears is that through pharmacy compounding. Unfortu- ciency, but not compromising the pub- not only would this situation result in nately, we continue to have serious concerns lic health of the American people. It is perhaps not giving the FDA data on about a number of issues that remain unre- a balance that we are edging close to. uses that the companies are aware of in solved. We think that most of these issues We have made progress since the the marketplace, but it might provide can be worked out, but there are four issues adoption of this bill at the committee a subtle incentive in marketing these that have the potential for jeopardizing our level, but more progress can and should devices to encourage uses that are not mutual goal of timely reauthorization of PDUFA and passage of constructive, biparti- be made. We are committed to making authorized by the FDA and certainly san FDA reform. such progress. We are committed, I not to be attentive to those types of The first of these issues is preemption of think, to coming up with final legisla- uses and report back to regulatory au- the state regulation of over-the-counter tion that will reflect both the need for thorities. drugs and cosmetics. The Administration has technological efficiency and innova- Again, when we think about this leg- serious concerns about far-reaching preemp- tion, but also protecting the public islation, we have to think about also tion—particularly in the absence of a strong health of the American people. that there are a complex set of incen- federal program. The second issue relates to what FDA may consider in making substan- I hope we can do that. I know that we tives and disincentives for the best pos- tial equivalence determinations for newly desperately want, all of us, to reau- sible behavior by pharmaceutical and marketed devices. For example, the bill re- thorize PDUFA so that we can con- device companies. I don’t think any of quires the Agency to review the intended use tinue that outstanding record of regu- us would like to unwittingly create a of a new device based on the manufacturer’s latory efficiency and approvals that situation in which devices approved for proposed labeling—even if the device’s tech- have been generated by PDUFA. But, I one use are cavalierly marketed by nology clearly indicates that the device will don’t think any of us want to create a companies for other uses and are mere- be used for a use not included in the labeling. situation where months from now or ly winked at when they do not fall Third, the bill seriously undermines what was sought to be accomplished by the Na- years from now we are confronted with within the category of the approval. So tional Environmental Policy Act by vir- public health problems because we that is another important issue. tually eliminating the requirement that acted hastily or we acted without the There is another aspect of this which FDA disclose the environmental impact of thoughtful, careful review that is nec- I would like to raise with Senator KEN- new products that it approves. The Adminis- essary to develop legislation that pro- NEDY, and that is, I understand that tration recently took significant steps to de- tects the public health and provides for Secretary Shalala has communicated crease the burdens that were associated with all of the new innovations that are fast concerns about this issue. I understand conducting environmental assessments for becoming part of our medical market- that she is concerned about this and FDA-approved products. We can think of no her concern may be of such a level that reason to jeopardize the environment by place. eliminating a review that is not costly to in- Again, I commend Senator KENNEDY it could suggest that she recommend to dustry. Fourth, the PDUFA trigger as cur- for his unflinching efforts to ensure the President a veto of this legislation. rently proposed in the bill would undercut that these concerns are fully addressed. A veto would be, I think, particularly the bipartisan budget agreement by denying I also thank and commend the chair- unfortunate since we have worked so FDA access to user fees at expenditure levels man of the committee who has worked hard, we have made so much progress, consistent with the Balanced Budget Agree- diligently, sincerely and doggedly over and we have reached a point where we ment and would interfere with my ability to these last several months to try to are very close to legislation which allocate resources appropriately throughout bring together opposing views on the could virtually pass with unanimity in the Department. Finally, with respect to the pediatric labeling issue, we want to work committee. I believe we are close but this body. It would be unfortunate that with the Congress to assure that any provi- not quite there yet. I believe in the this type of provision of the bill would sions in the final bill complement the recent days ahead, we can, in fact, reach a po- disrupt that process. I wonder if that is FDA actions and reach our mutual goal of ef- sition of which we will all be very, very correct. fectively protecting our nation’s children S8844 CONGRESSIONAL RECORD — SENATE September 5, 1997 and providing needed information to health device might be used for and ask for had, in the fashioning of this bill great professionals who treat them. data on that likely use, then I think we support and cooperation from the in- Mr. Chairman, we in the Administration are really constraining FDA—as I said dustry, from the pharmaceutical and all agree that reauthorization of PDUFA is before, putting blinders on the FDA. also the device industry. We have per- in the best interest of the American public. haps some differences that have been We believe that we are close to reaching con- That, I think, would be a mistake in sensus on a bipartisan bill that includes this policy. And I also feel, based upon my moving along on particular kinds of essential reauthorization. However, if the sense of the progress we have made to items, but I must say—and I think the bill were maintained in its present form, and date, that this is not an unsolvable Senator would agree; I know he is the outstanding issues were not addressed, I issue. This issue is one that there is proud of the industry in his own State, would be forced to recommend to the Presi- compromise language, with which we as I am in my State—we have had enor- dent that he veto this legislation. can both provide for innovation, we can mous cooperation and help. So many of The Office of Management and Budget ad- provide for marketing, we can avoid these items are technologically dif- vises that there is no objection to the pres- ficult, complicated, and involved. We entation of this report, and that enactment cumbersome demands by the FDA. But we can still give the FDA the authority are basically generalists as Members of of S. 830 would not be in accord with the the Senate. We have some information President’s program. to say, ‘‘Listen, you are marketing this Sincerely, device for a very specific use, but we and try to develop some expertise in DONNA E. SHALALA. are aware that it would likely be used particular areas of responsibility, but this gets to an involvement in detail Mr. KENNEDY. Mr. President, the two or three others ways. How does which is enormously complex. When we letter says: this device work in those contexts?’’ have responsible industry involvement The second issue relates to what FDA may This is a very serious issue. Once again, without the efforts of the trying to help us. I did find that in consider in making substantial equivalence other parts of the legislation it was determinations for newly marketed devices. Senator from Massachusetts to try to For example, the bill requires the agency to focus on these issues, it well could have very helpful. What we hope to do as review the intended use of a new device been lost in the clamor of getting out this whole process moves ahead is come based on the manufacturer’s proposed label- of here and getting on with other busi- back and visit this provision and see if ing, even if the device’s technology clearly ness. It would be, in the long run, un- we cannot address it. indicates the device will be used for a use not fortunate for the public health of the Mr. REED. If I may, if the Senator included in the labeling. American people. will yield, I, too, concur with the sup- So I think the point the Senator Let me conclude by saying that it is port, the assistance, the advice, and I makes where they get approval for a vitally important in ensuring when the think the general goodwill that the in- particular purpose, it might be easier bill passes—and I believe we all hope it dustry has brought to this debate. We to get it for one purpose but with the passes—it passes in a way we will all be are now, though, at the detail level, clear intention of marketing for an- proud of and will deal with all these is- the fine detail, technical detail, and other purpose in which there has not sues that, leaving no unintended loop- that is critically important. These are the types of details which later on been testing, and that can produce a hole or unintended consequences. I come back to haunt us sometimes if hazard to the individual. hope that we will have thought it they are not done well. We have seen, for example, in some of through, worked it out and come up the laser technologies that they have Mr. KENNEDY. Yes. with legislation that will provide for Mr. REED. The industry has been re- been approved for certain kinds of cut- the kind of technological innovation ting procedures, and then they have sponsive and reasonable, and we want we all want, provide for the kind of ef- to incorporate their best advice but been in certain instances adopted, for ficient regulatory review that we all example, for prostate cancer, where also recognize that our ultimate re- want and certainly protect the safety sponsibility is to the health of the they have not been tested and have not of the American public which not only American people. been effectively cleared and pose some we want but the American people de- Something else, too, that the Sen- very important health hazards. mand. I yield the floor. ator alluded to was that this industry So this is something that is very im- Mr. KENNEDY. Mr. President, I is becoming a very important part of portant, as we are moving through in- thank the Senator from Rhode Island our economy, not just nationally but novation, because we want to make for raising those issues, because that is locally. In Rhode Island we have sev- sure we get those innovations. We want a rather technical issue, it is a rather eral companies that are emerging as to make sure that the products are targeted question, but one that is of leaders in the industry. They offer not tested and have full information and very significant importance. only extraordinary opportunities to disclosure. I certainly agree with the Senator help the American people, indeed, the I thought we worked out language to that we don’t believe that the over- people of the world, through medicine try and deal with that. It is an impor- whelming majority of the medical de- and devices, but also are becoming in- tant health issue, and I appreciate the vice manufacturers don’t intend to do creasingly important economic powers Senator’s focus and attention on it. It such things. But what we have to try within our communities—sources of is a matter of sufficient importance in and do is make sure that those who jobs, employment and the types of ac- terms of public health that we would may want to—and that is basically tivity that we certainly want to en- have this identified by the Secretary as what happens in any regulatory proce- courage. being one of the two or three items dure—you want to try and catch those Part of our motivation today is to that the Secretary has identified would particular items which are dangerous; ensure that we do this right. We need pose sufficient health hazard as to indi- that this is one that, with the tremen- to give them the kind of direction and cate a recommendation for a veto. dous expansion, in terms of certainly incentives that will make them strong- Mr. REED. If the Senator will yield medical device technology, that we er competitors in the international again, I concur with his analysis, with should address. marketplace, stronger sources of the danger, and also with the fact this I appreciate the Senator saying that strength in the communities of Amer- has risen to the level of the Secretary it can be addressed. We had language ica, but also make them responsible of Health and Human Services as a sig- that we had considered, that I thought and accountable to the American peo- nificant an obstacle to passage or ac- the device industry had been very sup- ple through appropriate regulation. All ceptance by the President. Again, I portive of and was acceptable. Then in of these things we can accomplish be- don’t think any of us are suggesting the rush at the end, somehow individ- cause I believe that the differences that pharmaceutical and device manu- uals who had been involved in it felt that separate us at the moment are not facturers are going to—some may, but they didn’t want to have any further fundamental, ideological or in any I hope not—deliberately try to bait and kind of adjustment or change in the other sense broad based. They are, switch. But the market is evolving so language. rather, important details which will much and there is so much innovation I think it is significant—and I am ensure or not ensure that this legisla- that if the FDA can’t, by reviewing the sure the Senator would agree and the tion can be used effectively to protect literature, make an estimate of what a chairman would agree—that we have the public health. September 5, 1997 CONGRESSIONAL RECORD — SENATE S8845 So again I thank the Senator. cause in almost every instance the is- that far on those two pages, and we are Mr. KENNEDY. I thank the Senator. sues that are of concern to people are down to within a few lines on the other When we are talking about these taken care of. four pages, but the other 146 pages technicalities, we have to remember But why all of this discussion about there isn’t really much disagreement that some of these items, particularly cosmetics? Because nobody is doing with. those medical devices that enter the anything. That is why the controversy. So I want to make sure we have body, have enormous health implica- The question is who should do some- things in perspective here. That is why tions. I remember chairing, in 1974 or thing. Now, the question is whether or the support, that is why we had the 89- 1975, the Dalkon shield hearings where not you want some uniformity, and to-5 vote on moving forward on this. we found that 2,300 American women that is the Federal Government, the But these are important issues. It is died from a perforated uterus from the FDA, which we have tremendous con- important for us to make sure that Dalkon shield. That was before we had fidence in, to take on the issue of warn- people know that with respect to cos- a Food and Drug Administration that ing about the problems of cosmetics metics they are going to be protected really looked into medical devices. and to have a uniform approach, uni- and who is going to do it and what kind We have the Shiley heart valve that form labels and those things so, if you of awareness are we going to be able to passed through the FDA, and then go from one place to another, you don’t have and what are the States rights eventually the FDA was able to un- get confused about what you should or versus the Federal Government. cover some of the difficulties with that should not be using or doing. So that is where we are. I will go at and took steps. I think, if my memory That is the question here. It revolves length later, but right at this point I serves me correctly, they were going to down to this. Right now, the States want to make sure we understand use a perfected Shiley heart valve over say, oh, my God, you can’t tell us what where we are and what the issue is. In in Europe, and they altered some open- we can do. Well, they haven’t been cosmetics, nobody is doing anything ing where the blood went through by doing anything, with the exception of now with the exception of the State of just about 10 degrees, and that resulted California. It is not something we are California. We think the FDA ought to in a rather significant increase in the moving into and pushing aside all ex- get in there. They ought to make sure failure of that medical device which isting regulations; there are none. The that the cosmetics that are advertised was actually marketed abroad. The question is who ought to do it. Well, to are safe, that we know what problems FDA was very much involved in seeing California we said, OK, you have that could be caused and that we have uni- the termination of that. so we will carve you out. Go forward. formity in the country, so that when So even very modest changes or al- You have yours out there. That is fine. you go one place to another, you will terations can have important kinds of The Federal Government will not in- have the ability to be able to rely upon health implications. We are not going tervene, will not do away with that. So uniformity as to what the various to be able to solve all the problems and the bill presently says, California, products may or may not do to you. we are not interested in producing a what you have done is fine. The ques- On the other hand, if the FDA does bureaucracy that is going to halt inno- tion is everyone else. not take any action and a State thinks vative and creative ways of dealing Now, since nobody has moved into that this particular cosmetic or what- with some of these issues. But it is im- this, it is not like you have a whole ever is harmful, then they have the portant that we are talking about a bunch of States out there panicked be- power to act. Food and Drug Administration and cause their existing rules and regula- So that is where we are. I want to re- public health. tions are going to be superseded. It is assure people that this bill does not ig- As I mentioned briefly at the outset, natural for Governors and State legis- nore the problem of cosmetics. For the this is the one agency that is inti- latures to scream and say, oh, my gosh, first time it really emphasizes that the mately involved with public health. It you can’t take our power away to do FDA and the States should do some- has broad jurisdiction on a wide vari- something. thing. What should they do? That is ety of items, and it has important re- So where did we get down to before not going to be taken care of in the sponsibilities for the public health. we came here? We got down to this legislation because we would not know. This is where the buck stops. Some feel close—this close. This is how close we But we do know that there is a need it ought to just be the agency to fast are. We said, OK, if the FDA has not out there and that the FDA should track various kinds of devices or fast done something and has not estab- have the authority to act and that they track various pharmaceuticals without lished that this cosmetic is a dan- should have the authority to provide considering the health and efficacious- gerous one, then the States can move uniformity. But, on the other hand, the ness of those products. That is why I in. And if they feel differently, that it States should not be stripped of their think it is useful to pause here for a is and therefore we should do it, they rights to protect their people in the little while to give some focus to ex- have the power to do that. event the FDA has not acted. actly this legislation and what its im- That is the way it is right now. But Mr. President, I just wanted at this plications are going to be in terms of we say that if the FDA has acted, then time to pause to try to make sure that public health. we want uniformity and so we should everybody understands where we are I thank the Senator. try to make sure that people across the and why we got the 89-to-5 vote to Mr. JEFFORDS addressed the Chair. country will have uniformity. move forward. The PRESIDING OFFICER. The Sen- Then the issue was raised, well, sup- I yield the floor. ator from Vermont. pose the FDA says that it is dangerous Mr. KENNEDY addressed the Chair. Mr. JEFFORDS. I would like to because it may cause problems on your The PRESIDING OFFICER. The Sen- speak for a few moments just to try to face. Suppose the State believes it may ator from Massachusetts. allow those of my colleagues who are have something to do with your blood Mr. KENNEDY. The fact is that the viewing us here as to why all this con- system. Does that mean they cannot FDA does not have the authority troversy. We just saw a vote of 89 to 5 warn people that this cosmetic may be today—just does not have it. It has the in favor of moving forward with a bill dangerous if it gets into your blood- authority to deal with pharmaceuticals that has come out and is ready to be stream? and with medical devices but not with placed before the body. Why is that oc- Well, that is the issue. That is how the issues which involve health and curring with all of these horrible prob- far apart we are. On the two pages that safety. lems which we have just been hearing deal with devices, the issue is about as I will spend a moment or two just about? narrow as that. It comes down to the going through the Food and Drug Ad- Take a look at this bill. This bill is question of, if a manufacturer says this ministration Act, the actual law. It is 152 pages long—152 pages long. We are device is for this purpose, and the FDA a page and a half. And there cannot be talking about four pages on cosmetics says, well, maybe we want to make a fair reading of this, of these provi- and two pages on medical devices. So sure that we know all the other pur- sions, section 601 to 603. To believe that we have to keep things in perspective. poses it might be used for, so they there is any adequate protection for This bill has tremendous support be- should alert us to those. We are down American consumers in this page and a S8846 CONGRESSIONAL RECORD — SENATE September 5, 1997 half is folly. I mentioned earlier the bility of developing warning labels. carcinogens and some of them have FDA has no authority to require manu- They have not had to develop the warn- toxic products. They are saying we facturers to register their plants or ing labels in California because the ought to be able to demonstrate the products. It cannot require manufac- companies and the manufacturers have safety of those products rather than turers to file the data on the ingredi- changed the products. One of the out- put them out in the marketplace and ents in their products. It cannot com- standing examples is Preparation H. endanger the public. pel manufacturers to file reports on the Where there were products that were The GAO report further recommends cosmetic-related injuries. It cannot re- dangerous to consumers, the California that: quire that products be tested for safety regulations were effective in improving Manufacturers to submit to FDA consumer or that the results of safety testing be product safety. The manufacturer re- complaints about adverse reactions to cos- made available to the agency. It does formulated the product itself and says metics. Manufacturers to perform specific testing not have the right to have access to now it is better than it even was be- FDA deems necessary to support the safety manufacturers’ records. It cannot re- fore. That was as a result of research of a cosmetic or an ingredient. call a product. that was done to uncover potentially So if the FDA were to make a judg- Now, those are powers the FDA has dangerous substances that had been in- ment that they believe that items may with regard to pharmaceuticals and cluded in the product. cause birth defects, may cause an as- medical devices, but not with regard to So, Mr. President, we have an agency sault on the nervous system, may cosmetics that may also be carcino- that cannot practically deal with and somehow threaten seriously the health genic, and may also include toxins. We has been restricted from packaging and and the well-being of the consumer, are not talking about an unimportant labeling. We have seen a carveout, a that they would be able to ensure there matter. We are talking about questions carveout in the FDA authority in sec- is going to be adequate testing. Those of health and safety. I find it difficult, tion 601 that talks about various prod- are very minimal standards. These rec- with all respect, to say, ‘‘Well, look, in ucts. It says they will not be able to ommendations are from the last review California, we’ve carved that out. All deal with either poisonous or adulter- for the power and the authority for the of our Members will probably under- ated cosmetics, and cannot apply to FDA. stand that means. ‘‘We have carved out coal-tar hair. Coal-tar hair dye. There Now, do you think we have any of California.’’ California considered this is the cosmetic industry able to write those today? No, we do not have any of and took action. But if Minnesota—and right into the law ‘‘coal-tar hair dye,’’ those. And all we have to protect the they have been interested in taking even though the research has shown consumer is what is happening at the some action on some products—wants what that has done in terms of making State level. That is all we have. With to take action down the road in the fu- hair dyes more dangerous than they this legislation, we are effectively pre- ture to protect its consumers, it can- need to be. The cosmetics industry has empting the States from providing not do it. In my State of Massachu- been effective enough to get written those protections to the consumers in setts, that has very similar legislation into this legislatively that, even their States. to that of California pending now, and though it is dangerous, there cannot be I find it extraordinary how quickly they hope to be able to pass it in the any kind of oversight of it. That is the we are to be willing to accept that par- next legislative session—they are out. power. That is real legislative power. ticular provision without hearings. We They are finished. Mr. President, just on this question understand the power of the cosmetic We have taken care of one State, of the FDA and its ability to deal with industry. We understand why this has California. I am glad we did not wipe this, let us go back to what the GAO come up. This has come up, Mr. Presi- out California because I am interested said should be done if we were to have dent, because of the action that has in the protection of the citizens of an FDA that would be able to provide been taken by California. Because Cali- California. They are going to get some adequate protection for the public fornia has acted in various cases in protection, but not full protection, be- health. This is a public health issue order to ensure that the cosmetics that cause you are going to preempt other and a safety issue. That is what we are are being used by Californians are safe health and safety statutes in Califor- dealing with with regard to cosmetics. and effective. They do not want to have nia. This did not provide all the protec- The other items that we mentioned to keep dealing with this. Nonetheless, tions in California. Nonetheless, I am earlier deal with health and safety and manufacturers have changed their glad that the consumers in California are of importance. But on cosmetics, products. They have made them, in so are going to get some protection. But I we are effectively talking about health many different instances, safer. That is cannot understand why we are denying and safety issues. When the GAO last the way it should be. other States from making a judgment looked at the FDA, and were charged If we are not going to do it at the that they want some protection. That with making recommendations, these Federal level, why do we take away the is what this legislation does. are the recommendations that they power of the various States? It is effec- An additional point others will make made. They said: tively like preempting the States from is, ‘‘Well, we’re just dealing with pack- We recommend that the Congress amend having State police. All the States aging and labeling.’’ But that is where the Food, Drug and Cosmetic Act to give have various State police in order to the States act, with packaging and la- FDA adequate authority for regulating cos- look after safety and security in their beling. We do not see the withdrawal of metic products. Specifically, we recommend States. We are saying, we are not going products. They are able to do that and that the Congress authorize FDA to require: to provide any kind of help and assist- have been effective at it, in California. Registration of all cosmetic manufactur- ance, but, in addition, we are taking And I will get into how effective they ers. Registration of cosmetic products and fil- away your safety, a means of protect- have been, because they have been very ing of ingredient statements [so that they ing your people as well. And that, I be- effective in protecting consumers, not know what ingredients are in the various lieve, is wrong. only in California, but the rest of the products]. Mr. President, I want to just mention country, because when California, as a Manufacturers to submit to FDA data to some of the various items since we result of an extensive kind of medical support the safety of their products and the have talked in generalities here about research, has discovered that various ingredients in them [to demonstrate the some of them. Some of these items products may contain carcinogens or safety of their products prior to putting that we have addressed here have posed dangerous and toxic substances, and re- them on the market. Before marketing, to be a threat to the health and safety. able to give the assurance of safety and also quired those products to be labeled, to be able to get the ingredients of these First of all, we have hair dye, the what happened? The manufacturer products]. coal tar in the hair dye. That is a po- changed the product. And I will get Premarket approval by FDA of certain tential carcinogen. It is a danger in into the examples. classes of cosmetics or ingredients when the terms of the American public and the This is the power that regulations on agency deems such approval necessary to consumer. One State, California, has a labeling and packaging can have. This protect the public health. State law. Ohio has tried to deal with is where they have been effective. Why? Because they take notice that this, but they have been basically un- These are the key elements, the possi- some of these products contain possible able to do so. The industry has been so September 5, 1997 CONGRESSIONAL RECORD — SENATE S8847 powerful it has been able to get written to the Government as toxic substances. Mr. JEFFORDS. Mr. President, I into the law, into the bill itself, that Let me just repeat that: The industry, yield such time as he may consume to we cannot tamper with something we the cosmetic industry, provided to the the Senator from Indiana. know is directly a public health haz- Congress a list of 2,983 chemicals that The PRESIDING OFFICER. The Sen- ard. In public health we know that, and are being used in cosmetics. ator from Indiana. still it is written into the law. The National Institute of Occupa- Mr. COATS. Mr. President, I thank We have the old Grecian Formula. It tional Safety and Health, what we call the chairman and I thank the ranking does not have to go through the FDA. NIOSH, which is the center for exper- members who are ahead of me for al- It had lead in it—lead. People thought, tise in being able to analyze various lowing me this time. I have a schedule well, we can use it because it is just a toxic substances, and NIH analyzed conflict and I appreciate the oppor- hairspray. We know what happens these chemicals and found that 884 cos- tunity to say a few words. when lead is ingested. We know it metic ingredients have been reported I will have more to say as we move causes mental retardation, for exam- to the Government as toxic substances. forward with this legislation. I wanted ple, in children. We have known for 10 years that a to make some opening remarks. I am One of the principal problems in third of cosmetic chemicals are toxic, very pleased that we are actually here inner cities is old paint chips that have but we have done nothing to strength- at this time with the legislation on the the lead content. We know the inci- en the consumer protections. Instead, floor. It has been a long and arduous dence of mental retardation, and if you we would rather weaken the consumer road that we have traveled over this 1 go into any urban area in this country protections. Instead of trying to make past 2 ⁄2 years to address the need for and go to the great county hospitals, some progress to protect the consumer FDA reform. We have, as the chairman they have a lead paint poisoning pro- we are taking steps to put them at and Senator KENNEDY said, had numer- gram. You see the incidents of mental greater risk. Does that make any ous hearings. We have listened to the retardation that are a direct cause of sense? Commissioner of the FDA and his rep- lead in the paint. The children are ei- We had debate and discussion about resentatives and employees and col- ther eating the chips or they are play- the Delaney amendment with regard to leagues. We have listened to outside ing outdoors and the chips are in- carcinogens and processed food and we experts. We have heard from the var- gested. They get on the cats and dogs, debated those issues and said is it not ious industry groups. But the real rea- and children pet them and then scratch time to alter, change, and modify that? son that we are here is not just the fact themselves or put their hands in their We passed very good legislation dealing that a few Senators got an idea that mouths. with pesticides, insecticides, and fun- perhaps we ought to address some is- It just goes on. We understand that. gicides just 2 or 3 years ago because we sues at FDA. The real reason we are That has been well understood and doc- were looking at the fact that the best here is that all of us have been besieged umented for 30 years now. But we now estimate is that there are probably by consumers, by patients, by, yes, know there was lead in Grecian For- 2,600 to 3,000 Americans that were manufacturers of drugs and devices and others who have outlined to us the mula. This came out as a result of the dying because of pesticides and insecti- nightmare that exists at FDA in terms various analyses in California. There cides that were being put on products of approving products for beneficial use was a certain amount of concern about and were being ingested. We have run by patients. it, but then there was action by the into problems. We had extensive hear- What I will primarily do this morn- company, and they said, look, maybe ings about the dangers of insecticides ing is briefly state the ‘‘why’’ of the there is lead in it, but it is on your on children, because children eat more need for FDA reform and save my re- hair, and you are not ingesting it, so, bananas and certain types of food and marks on what we have done—which I therefore, it is not a problem. Then products have more insecticides, and am sure will be outlined by many oth- other studies showed that people were therefore it has more of an impact in ers—save my remarks on what we have washing their hair and were also em- terms of their bodily functions. done for debate on Monday, Tuesday, bracing their children and touching We spent hours and hours and days or following that, depending on how their children and working with their and days on hearings because we want- long this discussion goes on. animals or their pets, and this was ed to provide protection against car- First of all, let me state that the pre- picking up the flakes and, if the dye cinogens in our food supply. Here we cipitating reason for moving forward was being used over a considerable pe- have now, according to NIOSH, and ac- was the need to reauthorize PDUFA. riod of time, the lead posed a signifi- cording to the NIH, 884 cosmetic ingre- That is the user fee that is paid for by cant and important threat to children. dients that have toxic substances. the drug prescription industry to allow So what happened? Grecian Formula Rather than trying to do something FDA to hire additional personnel and changed their ingredients as a result of about those in terms of examining to employ additional technology to this to make a safer product. They did those in relationship to what is being speed up the approval of drugs. I am not miss a beat in terms of being able done in the House and in terms of the not sure who bears the responsibility to market it and being able to be suc- well-being of the consumer, we have for lack of personnel or lack of updat- cessful. But it was changed, and that is not only had no enforcement or regu- ing technology. because of local activity—not the FDA, latory protection at the Federal level I have worked with Senator MIKULSKI but because of local activity. but we are eliminating what actions on a more comprehensive moderniza- Mr. President, I will give further il- could be taken at the State level. tion of FDA, consolidating their cam- lustration, but I will just at this point It makes no sense, Mr. President, pus, giving them the new technology remind Senators, as we are going makes no sense at all. That is what the that they need, and giving them the through some of these examples, there effect of the preemption does. I read personnel that they need. Because SBA may be those who say, ‘‘Well, OK, the language on the preemption and was in such desperate shape in terms of you’ve got a half dozen out there, but that is effectively what that language its ability to use drugs we enacted is that really enough to try to resist does. sometime ago a user fee whereby the this provision to preempt State activi- Now, Mr. President, we have a situa- industry itself would be taxed with the ties?’’ Well, the last serious study that tion, for example, that has come up in money designated specifically to hire was done by a congressional committee fairly recent time, a hair spray that the personnel and improve the process was actually done by our colleague, might be inflammable, and we find out and procedures for approval of prescrip- Congressman WYDEN, who held land- that the State of Minnesota was look- tion drugs. That is what finally moved mark hearings in 1988. ing at trying to make some effort to us from debate and delay to the NIOSH The industry gave his subcommittee try and identify the dangers that result action. a list of 2,983 chemicals used in cosmet- from this. I am particularly pleased that Sen- ics. The National Institute of Occupa- Mr. President, there is a Senator ator JEFFORDS, the chairman, re- tional Safety and Health at NIH ana- here that would like to address the sponded to my concerns that if we lyzed the 2,983 chemicals and found 884 Senate and I am happy to accommo- move only with a limited PDUFA reau- cosmetic ingredients had been reported date him. thorization we will have addressed only S8848 CONGRESSIONAL RECORD — SENATE September 5, 1997 a small part of the problem that exists time since we passed the law it has Some have been languishing in the sys- at FDA, that what we needed was a doubled in terms of the amount of time tem for 4 and 5 years. comprehensive bill, broad in scope, they take to review those. Those are Now, the statute says that FDA has that would allow us to address a num- average review times. 90 days on low to moderate risk, 180 ber of problems that exist at FDA, in- Specific examples show how ridicu- days on high risk, and yet, FDA’s aver- cluding substantive reform for medical lous and how scandalous the process is age review time in 1995 is 773 days on devices and other products regulated or has been at FDA. Fortunately, we high-risk and novel devices. So, clear- by the agency. I commend the chair- are in the process of looking for a new ly, something needs to be done. man for agreeing to do that. We held Commissioner, and hopefully that What the committee has tried to do extensive hearings and broadened the Commissioner will bring some business is simply say, let’s take an agency that scope of the bill. The bill we have put sense instead of simply an ideological we need, an agency that is important forward is one that does address a num- bent to the agency and provide for to the health and the safety of Ameri- ber of issues and that is why it receives some expediting of some of the devices cans and let’s see if we can improve it, such widespread support from the Con- that do not pose serious health risk to let’s see if we can reform it. The best gress. Americans at all. step and the first step was the resigna- Clearly, the vote in committee, a We all hear about this whole idea tion of the Commissioner, who admit- strong bipartisan vote for moving this that FDA is standing at the bridge, ted to the committee in what was one process forward in support of the com- keeping Americans from being sub- of the most astounding statements I prehensive bill and the vote that was jected to the most egregious of viola- have ever heard any agency head ever just taken this morning—overwhelm- tions, drugs and devices perpetrated by deliver, which was basically saying, ‘‘I ing, almost historic in proportion— a greedy industry that is concerned am incapable of doing this. You in Con- vote on cloture I think indicates the only about the bottom line. gress are going to have to force me to I have a device manufacturer in my depth and the breadth not only of the do it. I need the pressure from Congress State that makes hospital beds. That bill but of the support for the bill with to do it.’’ Can you imagine a CEO of a device manufacturer, which is well re- Democrats, Republicans, liberals, con- corporation coming before the board of spected on a national basis, that device servatives, moderates, everybody in be- directors and saying, ‘‘I am not capable manufacturer designed a new bed tween. Only a handful, literally a hand- of running this company efficiently cover. This is the cover you put over a ful of Senators voted against cloture. like you want me to, but if you will put mattress, on a bed. The bed had been So I think that shows the need for pressure on me and force me to do it, approved, the mattress has been ap- moving forward on this bill. then I can go to my vice presidents and FDA bureaucracy and delay, incon- proved, the old device cover has been say the board is insisting that I do sistent rules, lack of willingness to use approved. It is a piece of cloth. But this’’? Is that an example of the weak- outside expertise—all of this has jeop- they designed a new one that prevents est form of management and oversight ardized the health of American pa- bodily fluids from leaking into the that you can possibly imagine? I could tients. FDA opponents of reform like mattress. Obviously, that could be a not conceive that the then Adminis- to state, ‘‘Oh, we cannot jeopardize the potential health risk to not only that trator, Dr. Kessler, of the FDA would health and safety of Americans,’’ and patient but perhaps a subsequent pa- make such a statement. ‘‘I am incapa- yet in their insistence on maintaining tient. So they had come up with a new ble of doing it, but you force me to do virtually status quo in total FDA con- mattress pad which achieved signifi- it and then maybe I can convince the trol on their assistance on that, they cant improvement in promoting the people that work for me that we ought have denied Americans lifesaving and health of patients who would use that to do something.’’ health-improving benefits both mattress. through prescription drugs and devices Of course they had to submit it to Well, let me talk about another ex- and other forms of medical assistance. FDA for approval. This is a class I de- ample of intolerable delays. This isn’t They have denied people the oppor- vice, the lowest risk to the patient. So a mattress pad. This goes to life and tunity to beneficially affect their they submitted it to FDA, and the FDA death. The product was a stent, a health and have forced them to go out- took 476 days to review that mattress small, mesh, spring-like device used to side the United States, forced manufac- pad before it would grant approval. So keep coronary arteries from closing. A turing companies to go outside the we talk about the average review times new stent product that was developed United States, forced drug device com- and protection of the party but when by a manufacturer was submitted to panies to go outside the United States you bring it down to specific examples the FDA in November 1986. In August in order to market their product of the ineptness and the bureaucracy 1987, FDA said, ‘‘We need more paper- whereby they would be subject to the that exists at FDA, there are examples work.’’ It took them that long to figure rules and regulations of foreign coun- on both sides. out they needed more paperwork. In tries rather than this country. The other side likes to use relatively April 1988 and in August 1989 and in To imply that only the United States rare anecdotes and of course many of June 1991 were additional requests for FDA has the wisdom to be able to de- these go back 20, 30, and 40 years, and more paperwork. An FDA panel meet- termine what is in the best interests of no one—no one in support of FDA re- ing was held in May 1992, and they gave the health and safety of its citizens is, form—is stating we ought to com- unanimous approval to the product. I think, a slap in the face to countries promise on health and safety. What we Four years after it was first submitted, like Germany, Britain, France, and are trying to do is say we think we can an FDA panel gave unanimous ap- others who have similar approval proc- expedite and utilize new technology proval to the product. It then took the esses that benefit the citizens of their that improves health and safety if FDA agency an additional year to issue a own country. could get its act together. Now, if you letter allowing the device to go to mar- FDA average review time, just tak- takes 476 days to approve a mattress ket. ing medical devices, average review pad which clearly is in the benefit of Now, have you ever heard of such bu- time for low- to moderate-risk medical the health and safety of hospital pa- reaucratic ineptness? After 4 years of devices, the so-called 510(k)’s in 1995 in- tients because it prevents bodily fluids reviewing paperwork on a life-saving creased over the previous 6 years by from seeping through the currents device, on which the statute said the over 200 percent, from 82 days to 178 mattress pad, then if it takes 476 days FDA had 180 days—after 4 years, the days, for total review days from 66 days to do that, something is wrong at FDA. FDA panel met and gave unanimous to 137 days for time actually in the Meanwhile, new 510(k) notifications approval. From that time, it took 1 FDA’s hands. The law says they need have dropped dramatically, from 7,000 year for the FDA to issue the letter to do this in 90 days—the law. We annually in 1989 to a projected 4,800 in saying, ‘‘Congratulations, you have passed the law, a statute here that says 1998. So high-risk, if you look at that, been approved.’’ that the FDA on low- and moderate- and novel device review times in- Now, critics of reform talk about the medical devices you have 90 days. The creased from 348 days to 773 days, on potential threat to American health FDA said, OK, 90 days. In that period of average. Many are far longer than that. and safety for approval of devices. But September 5, 1997 CONGRESSIONAL RECORD — SENATE S8849 they never talk about the dem- about human life. The Hudson Insti- ure of the FDA to meet its statutory onstrated not only threat but con- tute is a respected institution. Let me requirements. We are not asking the sequence to the safety and health and cite an example from their study. FDA to compromise; we are not asking even life of Americans for ineptness Delay in approving the coronary stent, them to compromise on health and and delay in the approval of drugs. How they say, reached 27 months. The FDA safety. We are saying: Do what you many people died or suffered serious gave access to this product to Amer- said you could do, or at least let’s look incapacity because a life-saving stent ican patients 27 months after European at alternatives. I proposed an alter- on which we could not get a letter of patients had access to the product. De- native to try to help the FDA. You approval from FDA, which approved it, pending on how one attributes respon- would have thought I was proposing an until 1 year later? How many people, sibility to the agency, partial or total, amendment to disband the FDA and let over a 5-year period of time, lost their the regulatory delay is estimated to the free market sort it out. It was lives because a life-saving device didn’t have resulted in 1,600 to 2,900 lives lost, nothing of the sort. That is not what receive FDA approval for 5 years? Let’s patients whose lives were lost because we are after here. I thought we would say it took 4 years; let’s grant them of bureaucratic excess. try to give them some assistance with that it took 4 years of reviewing paper- So we stand on this floor and talk a third-party review, the FDA certified work to make sure that this life-saving about it being irresponsible to move agencies or organizations outside of stent device was worthy of FDA ap- forward with FDA reform and we delay the FDA. But FDA looked at it and proval. There is no excuse. What pos- FDA reform. We won’t even allow a dis- said: You have the testing wherewithal sible excuse could there be for a delay puted issue to come to a debate on and the scientific wherewithal to help of 1 year in submitting the letter so FDA reform, when we are talking us expedite approval of these products, the company could go ahead and mar- about a potential loss of lives of Ameri- and as long as we certify you and as ket the product? cans who are denied products because long as we approve the process, and as Dr. FRIST, who is a member of our of FDA ineptness. long as we have a veto power, even if panel, said, ‘‘I would have loved to That is the human side of the ques- you approve it, if we have a veto power have had that stent. I known what that tion. I am not even going to get into and say, no, we have changed our mind, stent does. I’ve used that stent. Had I the business side of the question be- or we are not sure about that—not even known that stent was available before cause the two don’t even begin to com- that was acceptable to the opponents approval * * *’’—to think that it was pare. We have lost manufacturing and of this bill. But it is acceptable, fortu- languishing in FDA 1 year after FDA jobs to overseas facilities in record nately, to the majority of the commit- approved it unanimously—it took them numbers because manufacturers are tee. It is acceptable to a majority of a year to get the letter out so that throwing up their hands and saying the American people. It is acceptable they could market the device. So there they will go broke waiting for FDA to to a majority—not a majority but a are people lying in their graves. approve their products. It means a sig- supermajority—of this Congress. But This Senator is tired of hearing nificant number of jobs. Sixty-one per- yet with all of that debate, there is about FDA being the guardian of the cent of U.S. device companies plan to delay and withholding of moving for- health of Americans and we should not market offshore first. We lead the ward, and procedural delays, all in an move forward with any kind of reform world in drug and device product devel- effort to oppose an honest effort at try- at all. When you touch the words ‘‘re- opment. But they are being pushed out ing to help the FDA do its job. The form of FDA’’ and try to move up their of the country by the FDA. They are irony is the FDA was already doing approval process or expedite the proc- being aggressively lured by foreign some of this. We are trying to provide ess at all, why, then you are jeopardiz- governments who know that our bu- a way that they can do more of it. So ing the health and safety of Americans. reaucratically bloated system provides the FDA couldn’t come forward and The burden of that lies on the shoul- them the competitive advantage they say, ‘‘Well, we think everything ought ders of those who won’t move forward need to draw those American compa- to be done within the FDA.’’ They ad- with responsible reform. nies and employees and the brain mitted they needed help from the out- Fortunately, today, this Senate, in power away from the United States. side, and we structured the statute in an overwhelming bipartisan vote—only A Netherlands foreign investment such a way that you even wonder if it five people opposed—said it is time to company has a publication out high- is going to work because the FDA has move forward with reform and it is lighting the oppressive climate in the so much preapproval, during the proc- past the time to move forward with re- United States. They say, ‘‘Come over ess approval, postapproval, veto, and form. We owe apologies to the families here and we will provide a much more everything else on the thing. But at of the Americans who have been denied favorable climate.’’ Now, we will hear least it is a start. At least it is a move- life-saving treatments and devices be- in rebuttal about some product that ment in the right direction. cause people have blocked reform and was approved and later turned out to FDA has made all kinds of promises efforts to move forward. be a mistake. Well, there are excep- about internal approval, approval, im- A Hoosier who attended one of our tions and there will be exceptions, provement, reinventing itself, and so FDA hearings recently had a life-sav- whether they are in the Netherlands or forth and so on. The record speaks for ing vascular graft implanted in his in the United States. We are talking itself. Prescription drug user fee types body. Mr. Friar testified before our about human beings. We can’t guaran- have improved, and we are grateful for committee. He was one of the fortunate tee 100 percent perfection. But that is that. And they have improved because patients to receive the graft because he no excuse for not reforming FDA and we taxed the industry. The industry needed the product only after it was trying to give it the tools and give it said, ‘‘We are so anxious to try to get approved. Other patients who were de- the wherewithal to do a better job. some of these drugs to market we will nied that before FDA got around to ap- It has been estimated that the delay pay for it. Not only the development of proving it, were not so fortunate. in U.S. availability of products threat- the drugs, which is enormously expen- I could go on and on with examples, ens a loss of 50,000 jobs in the next 5 sive, not only the approval of the drug but I won’t. I do get exercised over it years. This is one of the greatest indus- but we will tax us some more and we because it is unfair to characterize tries we have ever had in this country, will give the money to FDA, and you those that try to seek meaningful re- in terms of promoting job growth, but can hire more people so you can look form as those who somehow don’t care beyond that, providing health-improv- at it. If you turn it down, you turn it about the health and safety of Amer- ing and life-saving benefits for the down. But at least get an answer one ican people. We care so much we want American people. Why do we make it way or another so we can move on to to get something done. We want to get so difficult for them? something else, if you don’t approve some reform underway. I don’t want to go any further with it.’’ The Hudson Institute, in late 1995, that because, as I said, you can’t com- People say, Why don’t you do the surveyed this question and came up pare economic benefit with health ben- same thing with devices? Let’s tax the with an estimate. It is difficult to talk efit. We ought to be focusing on the de- device industry. We are not talking about an estimate when we are talking nial of benefits, the loss of life for fail- about American-owned products, or S8850 CONGRESSIONAL RECORD — SENATE September 5, 1997 Merck, or Pfizer, Glaxo, major inter- the committee passed the bill out until have a vote and accept the result, and national companies with the funds able this point. We were that far away in let’s move forward with FDA reform. to do this. The device companies are July from resolving this. In the nego- Mr. President, I will have more to often small organizations—startup ven- tiations with Senator KENNEDY, we say about this at a later time. I have ture capital organizations. To tax them made 30-some concessions on a bill that not gotten into the ‘‘what.’’ I was talk- at this stage is going to just accelerate passed 13 to 4 in order to get the ap- ing about the ‘‘why’’ here—why do we driving them offshore, and in many proval of one person because one per- need reform. I have not gotten into cases they in no way have the where- son could tie this thing up proce- what the bill includes. It is a broad bill withal to provide a tax for that. It is durally. We made 30-some conces- with a lot of depth. It covers a lot of not their responsibility. It is a govern- sions—concession after concession areas. It is significant reform. It is not mental responsibility. after concession by the chairman, this as much as this Senator would like. It The President’s budget hasn’t helped Senator, and other Senators. What is is more than some other Senators much either. The President’s budget the problem? How can we fix it? Can would like. But it is a big step in the proposal for fiscal year 1998 reflects you work it out? Can you go along with right direction. something other than an effort to the bill, if we did that? Can you do I just note for the RECORD that I strengthen the agency. In fact, it pro- that? don’t know what is going on, Mr. Presi- posed a cut of funding for the agency. We finally threw our hands up in dent, at the White House. We have been They wanted to cut the Device Center total exasperation because every time without a commissioner now at FDA budget by 27 percent. Clearly that calls we thought we were at the goal line, for some time. They nominated some- for congressional action to address the no, move the ball back another 15 one this week, and then withdrew the issue, to ensure that the bureaucracy, yards to another position. Take that nomination 24 hours later. I don’t know and the old ways of doing business give up. Will that do it? Yes. Solve that. why. But I urge the administration to way to some efficiencies and account- Then they thought of another one. continue its search. I am going to sug- ability in this era of tight budgets. There was always a reason to delay and gest a couple of names to them of peo- So that alone is reason for us to delay. And then we went through the ple, if they need people to look at. I move forward. Here we are now in Sep- August recess. If we were talking about don’t do it with any hope that they tember on PDUFA and a jeopardy of making a widget, if we were talking think anybody I would suggest ought laying off—expiring and laying off—a about something that didn’t affect the to head up FDA—not this administra- whole bunch of people. And we are way health and the safety of the American tion. But we ought to get somebody in behind the timetable that we ought to people—I suppose that is just part of there who is willing to exercise the be on in terms of moving this forward. the process here—but we are talking Just on another point about the size oversight and the administrative abil- about people waiting for steps that ity to work with the Congress in bring- of device companies. Of roughly 8,000 would save their lives; waiting for ap- ing this agency into the modern era device companies that exist in United proval from FDA of drugs that can po- and improving the way things are done States, 88 percent have fewer than 100 tentially keep them from dying, wait- there. There are a lot of dedicated, employees and 72 percent have fewer ing for products that can make their competent, hard-working scientists than 50 employees. User fees are clear- life a little more tolerable while we and researchers and medical personnel ly not workable in a situation like play games in the U.S. Senate because at FDA who deserve to have competent this. And I am pleased that the bill one person doesn’t think it is a perfect leadership, competent management, doesn’t impose those. bill in front of him, even though there and deserve to have the support of this I have all kinds of statistics here, is a widespread majority in support of Congress in providing the funds and and all kinds of anecdotes and all kinds it. That is wrong. of stories. The bottom line is we are at- So I am glad we are moving forward. providing the technology and providing tempting to bring the FDA into this I am sorry that we had to invoke a pro- the assistance in expediting in an ap- century. This century is almost over. cedure to cut off a filibuster to do it. propriate manner the bringing to mar- We are attempting to try to take a I understand people may have some ket of drugs and devices that can make tired, inefficient bureaucratic ideologi- concerns about this bill. It is not a per- a difference in people’s lives. cally driven agency and introduce it to fect bill. It passed through months of Mr. President, there is more to come the modern era. We are trying to take arduous negotiation. There has been later. I yield the floor. advantage of these marvelous techno- give and take. Every Senator is free to Mr. DURBIN addressed the Chair. The PRESIDING OFFICER (Mr. logical breakthroughs in drugs and de- come down here and make his point HAGEL). The Senator from Illinois. vices and products that are occurring and raise his objection and offer an at an ever increasing rate around the amendment and take a vote. If it f world, but particularly in the United passes, the bill will be modified. If it UNANIMOUS-CONSENT States, and make them available to fails, instead of taking the ball and AGREEMENT—S. 1061 American consumers to improve their going home and saying we are not Mr. DURBIN. Mr. President, I ask health, to ensure their safety, to pro- going to play anymore, let’s just say unanimous consent that it be in order long their lives, to save their lives. apparently I wasn’t persuasive enough, to offer two amendments to S. 1061, That is why we have formed an ex- or maybe I got my facts wrong, or even though the bill is not pending, traordinary coalition between Repub- maybe that is not what the majority and that those two amendments be laid licans and Democrats. This has nothing wants to do. But let’s not deny health aside. to do with party lines, liberals, con- improvements and safety improve- The PRESIDING OFFICER. Without servatives, and everybody in between. ments for the American people and the objection, it is so ordered. There was an almost unprecedented American consumer just because we AMENDMENT NO. 1078 vote in committee of 14 to 4, and we don’t get our way. Let’s move forward. (Purpose: To repeal the tobacco industry set- would have had even a better vote than We will now. tlement credit contained in the Balanced that if we went back and did it now be- We have invoked cloture. I regret Budget Act of 1997, as amended) cause we have resolved some of the that we had to do that. I regret we had The PRESIDING OFFICER. The concerns that those four had. We to go through the month of August clerk will report. wouldn’t get all four. But we would waiting to reconvene, because there are The assistant legislative clerk read have even a better vote—probably more people out at FDA that are going to be as follows: like 16 to 2 because we have addressed laid off if we do not get this thing mov- The Senator from Illinois [Mr. DURBIN], for those concerns that were raised in ing. All the efforts that we have done himself and Ms. COLLINS, proposes an amend- committee. Those Members thought to try to hire additional people out ment numbered 1078. that they had better reserve their vote there will be undermined in terms of The amendment is as follows: and negotiating ability. And we re- drug approval because we can’t get this At the appropriate place, insert the follow- solved that. bill moving. ing: We have done an extraordinary So let’s move forward. Let’s raise our SEC. . REPEAL OF TOBACCO INDUSTRY SET- amount of negotiating from the time objections. Let’s have a debate. Let’s TLEMENT CREDIT.—Subsection (k) of section September 5, 1997 CONGRESSIONAL RECORD — SENATE S8851 9302 of the Balanced Budget Act of 1997, as (2) in 1996, 3,916 people on the transplant of $1 billion, and by the standards of added by section 1604(f)(3) of the Taxpayer waiting list died because no organs became Washington, DC, it might be ignored by Relief Act of 1997, is repealed. available for such people; many. But those of us who are familiar AMENDMENT NO. 1085 (3) the number of organ donors has grown with the important mission of the Food (Purpose: To provide for the conduct of a slowly over the past several years, even though there is significant unrealized donor and Drug Administration, those of us study and a report on efforts to improve who have worked closely with that organ and tissue donation) potential; (4) a Gallup survey indicated that 85 per- agency and with its Commissioners The PRESIDING OFFICER. The cent of the American public supports organ over the years, and in my particular clerk will report. donation, and 69 percent describe themselves case, those of us who have had the op- The assistant legislative clerk read as likely to donate their organs upon death; portunity to literally fund this agency as follows: (5) most potential donors are cared for in through the Appropriations Committee The Senator from Illinois [Mr. DURBIN], for hospitals with greater than 350 beds, trauma of the House, understand the critical himself, Mr. LEVIN, Mrs. MURRAY, Mr. JOHN- services, and medical school affiliations; importance of this agency. Though its (6) a recent Harvard study showed that SON, and Mr. BREAUX, proposes an amend- resources and budget may be small by ment numbered 1085. hospitals frequently fail to offer donation Washington standards, its responsibil- The amendment is as follows: services to the families of medically eligible potential organ donors; ities are immense. There is not an On page 49, after line 26, add the following: (7) staff and administration in large hos- American living who is not touched by SEC. . (a) STUDY.—Not later than 30 days pitals often are not aware of the current after the date of enactment of this Act, the the work of the FDA. They regulate level of donor potential in their institution things as diverse as the radar guns Secretary of Health and Human Services, in or the current level of donation effectiveness consultation with the General Accounting used by police, microwave ovens used of the institution; in airplanes, and virtually all of the Office, shall conduct a comprehensive study (8) under titles XVIII and XIX of the Social concerning efforts to improve organ and tis- Security Act (42 U.S.C. 1395 et seq; 1396 et drugs and medical devices for sale in sue procurement at hospitals. Under such seq.), hospitals that participate in the medi- the United States. We count on them study, the Secretary shall survey at least 5 care or medicaid program are required to every day. And they are an agency, as percent of the hospitals who have entered have in place policies to offer eligible fami- you can tell from the previous Sen- into agreements with an organ procurement lies the option of organ and tissue donation; organization required under the Public ator’s remarks, which is not above crit- and icism. This is an agency which has a Health Service Act and the hospital’s des- (9) many hospitals have not yet incor- ignated organ procurement organizations to very difficult mission. On the one hand, porated systematic protocols for offering do- a person who is ill seeking a new drug examine— nation to eligible families in a skilled and (1) the differences in protocols for the iden- sensitive way. or medical device wants the FDA to tification of potential organ and tissue do- (b) SENSE OF THE SENATE.—It is the sense issue approval as quickly as possible. nors; of the Senate that hospitals that have organ That is a natural reaction. (2) whether each hospital, and the des- or tissue donor potential take prompt steps By the same token, a company with ignated organ procurement organization of to ensure that a skilled and sensitive request the hospital, have a system in place for such a drug or a medical device which they for organ or tissue donation is provided to el- identification of donors; and want to see approved is anxious for the igible families by— (3) protocols for outreach to the relatives FDA to give approval as quickly as (1) working with the designated organ pro- of potential organ or tissue donors. possible. The FDA approval on a drug curement organization or other suitable (b) REPORT.—Not later than 1 year after agency to assess donor potential and per- or medical device is better than any the date of enactment of this Act, the Sec- Good Housekeeping seal of approval. It retary of Health and Human Services shall formance in their institutions; (2) establishing protocols for organ dona- is literally a ticket for sales, confident prepare and submit to the appropriate com- sales, worldwide. Once the Food and mittees of Congress a report concerning the tion that incorporate best-demonstrated study conducted under subsection (a), that practices; Drug Administration of the U.S. Fed- shall include recommendations on hospital (3) providing education to hospital staff to eral Government gives its approval, best practices— ensure adequate skills related to organ and you know that your medical device or (1) that result in the most efficient and tissue donation; your prescription drug is going to have (4) establishing teams of skilled hospital comprehensive identification of organ and an opportunity for a worldwide market tissue donors; and staff to respond to potential organ donor sit- uations, ensure optimal communication with because that approval means some- (2) for communicating with the relatives of thing. potential organ and tissue donors. the patient’s surviving family, and achieve smooth coordination of activities with the There is another side to this ledger. Mr. DURBIN. Mr. President, I ask designated organ procurement organization; The Food and Drug Administration, unanimous consent those amendments and with the pressure to approve drugs and be laid aside for debate at a later time. (5) monitoring organ donation effective- medical devices by not only consumers The PRESIDING OFFICER. Without ness through quality assurance mechanisms. but also by manufacturers, also has an objection, it is so ordered. Mr. DURBIN. Mr. President, I ask awesome responsibility to make sure AMENDMENT NO. 1086 unanimous consent that the amend- that those approvals are done in the (Purpose: To express the sense of the Senate ment be laid aside for later debate. right way, so that the American con- that hospitals that have significant donor The PRESIDING OFFICER. Without sumers know that what they purchase potential shall take reasonable steps to as- objection, it is so ordered. is safe and effective. sure a skilled and sensitive request for f Those are the two criteria. So the organ donation to eligible families) scientists and those working at the Mr. DURBIN. Mr. President, on be- FOOD AND DRUG ADMINISTRATION FDA put in long hours, days, weeks, half of Senator LEVIN, I would like to, MODERNIZATION AND ACCOUNT- months, sometimes years, to make cer- on the same bill, S. 1061, offer an ABILITY ACT OF 1997—MOTION TO tain that a product, before it goes on amendment. PROCEED the market in the United States, is The PRESIDING OFFICER. The The Senate continued with the con- safe. While they are in the process of clerk will report. sideration of motion to proceed. evaluating, there are people on the The assistant legislative clerk read Mr. DURBIN. Mr. President, I would sidelines saying, what is taking so as follows: like to address the motion pending be- long? Why hasn’t this agency moved to The Senator from Illinois [Mr. DURBIN], for fore the Senate at this time on the approve this drug or this medical de- himself, Mr. LEVIN, Mr. THURMOND, and Mr. FDA reform bill. vice? INOUYE, proposes an amendment numbered 1086. I have listened very, very closely to I have been frustrated myself when the statements by my colleague and people in my old congressional district The amendment is as follows: friend, the Senator from Indiana. I or in my State have come forward and At the appropriate place, insert the follow- note that his comments are heartfelt said, it has taken months, sometimes ing: about a very important agency. The years; why don’t we have the FDA’s SEC. . (a) FINDINGS.—Congress finds that— Food and Drug Administration is by final approval? I am sure some of that (1) over 53,000 Americans are currently Federal standards a small agency. The may be associated with bureaucratic awaiting organ transplants; annual appropriations is in the range slowdown, and if this bill addresses S8852 CONGRESSIONAL RECORD — SENATE September 5, 1997 that, then I think it is a very impor- tents in a can and sell them as if it was Cosmetic Section to take responsibil- tant step forward. But do not minimize the product that it was advertised to ity for complete Federal oversight of the fact that many times the evalua- be. In fact, it wasn’t. It was a phony. this large industry. Senator KENNEDY tions by the Food and Drug Adminis- Luckily, the FDA caught them and in has made a compelling argument that tration are careful reviews of clinical catching them stopped the sale of this we should allow the States to continue trials to make sure, before a drug or infant formula product which was to have this authority, to put those device is released in America, it is safe grossly deficient, which if it had been provisions in place which will protect and effective. Not a single one of us given to infants across America could the health and safety of consumers. would want to take a drug prescribed have caused serious health problems. I have three amendments which I am by a doctor uncertain as to whether or The Food and Drug Administration was going to offer, and I hope that they will not it was safe. No one would want to vigilant, caught them and stopped be amendments approved on a biparti- do that. The Food and Drug Adminis- them. san basis. One seeks to reverse an area tration tries to give us that confidence. Let me make reference to one that of this bill which I am afraid will There has been a reference made ear- most people remember. It was only a weaken the strong safety protections lier to Dr. David Kessler, the last Ad- few years ago that they discovered put in place by the Safe Medical Device ministrator of the Food and Drug Ad- these syringes in Diet Pepsi cans. Oh, Act of 1990. Many of us remember the ministration. The previous speaker ob- every nightly newscast told us about tragedy resulting from the Bjork- viously shares a different opinion than this discovery. What did it mean in the Shiley heart valve failure. Extensive some about Dr. Kessler’s performance wake of the AIDS crisis to find a hypo- congressional hearings were held in the and contribution. I think he is one of dermic syringe in a can of soda? Well, late 1980’s examining what had gone the most extraordinary public servants luckily the Food and Drug Administra- wrong and how we might prevent fu- I ever had the opportunity to work tion stepped in and determined that ture repeats of those terrible deaths with. The only holdover from the Bush this was only an isolated example and when this heart valve failed. administration, Dr. Kessler was re- a hoax. It was important for the con- In the United States alone, over 300 people died because this defective med- appointed by President Clinton and I sumers across America, but it was ical device was implanted. Worldwide, think did an exceptional job. Of course, equally important for Pepsi Cola. Their almost 1,000 people have died as a re- we are kindred spirits on the tobacco stock had plummeted when this oc- sult of fractures in this valve once it issue, but beyond that I think his job curred. But the Food and Drug Admin- was put in place. After it was con- at the Food and Drug Administration istration stepped in and said this is cluded these heart valves were defec- will set an example that others will something the consumers do not have tive, over 50 percent of the patients have to try to emulate, and they will to worry about. We have it under con- with these heart valves in their bodies find it difficult to do so. I am sorry we trol. And because they have the respect could not be located. One widow testi- lost him, but he gave so many good of the American people, the product fied before Congress about how her hus- went back on the market without a years of service to the Federal Govern- band had a heart valve, suffered chest problem and the stock resumed its ment we can be thankful he did. pains and the couple had no idea that Let me also say that this is an agen- climb. I think it is important for us to it was because of the defective heart cy which has fallen under criticism po- make sure that we talk about what valve. They had not heard about it. litically. When the Republican control this agency brings to us. They had not been notified. They lived of the House occurred after the 1994 I also took a trip to the State of Mas- at the time equidistant between two election, I was amazed that one of the sachusetts, to review the Food and hospitals, only one of which was capa- first lines of attack by Speaker NEWT Drug Administration programs there, ble of performing open heart surgery. in particular, to review one particular GINGRICH was on the Food and Drug They made a mistake; they went to the company that was making heart cath- Administration. He made arguments, other hospital. Her husband died. She eters. Most people are familiar with many of which you have heard this didn’t realize that he might need open them. Those who are not should know morning, that this agency was stopping heart surgery because the heart valve that they are tiny little threaded lines those devices which would save lives, in his body was defective. this agency was stopping the approval that the surgeon will insert in your The Safe Medical Device Act of 1990 of drugs which would save lives. And he body and then it will course through set up a system for mandatory track- went on at great length about how they your veins to your heart, and they can ing of these high-risk devices so that if were going to dismantle the Food and literally take samples as well as photo- problems were found, the patients with Drug Administration, literally to turn graphs of the interior of our bodies—a the devices could be located and noti- out the lights at this agency. critically important medical device. fied. That is a basic protection. Thank God that didn’t occur; saner Yet, as it turns out, this company was There are only 17 types of devices minds prevailed, came forward and said making defective heart catheters that that require mandatory tracking. They that would be a serious mistake. A lot literally broke off inside people’s bod- are all extremely high-risk medical de- of the references to a more responsible ies and then, of course, surgery was vices—heart valves; pacemakers; vas- approach came from the same indus- necessary to remove them. That is the cular stents; jaw, shoulder, hip joint tries that are regulated by the FDA. type of thing the Food and Drug Ad- replacements; windpipe prostheses; They realized that when you drop your ministration must be constantly vigi- breathing monitors and ventilators. guard, when you get into a no-holds- lant to watch out for and to protect us It is hard to imagine the tracking of barred strategy when it comes to the against. such high-risk devices could ever be approval of drugs and medical devices, I could go on—and I will not—for made optional, and yet that is exactly the reputable companies will be the hours about what the Food and Drug what this bill does. The FDA has al- first to lose when consumer confidence Administration does and how impor- ready complained that they find it ex- is destroyed. tant it is when we reform this agency tremely difficult to enforce this provi- Let me give you three examples of to remember their enormous respon- sion, and yet instead of helping them what I have seen in a short period of sibility to consumers across America. with enforcement, this bill weakens time, of the work of the Food and Drug I agree with my colleague, Senator their ability further by making track- Administration. Some of these are for- KENNEDY, that there are portions of ing discretionary. gotten, and they should not be. this bill that should be reviewed and I Isn’t it curious that automobile man- There was a counterfeit infant for- hope changed during the course of the ufacturers are required to have a mula on the market that was discov- floor debate. I think it is wrong for us tracking system so that if a safety ered by the Food and Drug Administra- to remove from the States the author- problem is identified with your car’s tion. It turned out that some group of ity to review cosmetics and to put model, they know where to find you. It individuals had decided to take one of warning labels on them, if a State de- seems unthinkable to have a lower the most popular brands of infant for- cides it is in the best interest of its standard of consumer protection for a mula in the United States and to lit- citizens. We do not have sufficient per- pacemaker or a ventilator as compared erally copy its label and to put con- sonnel at the FDA right now in the to a seat belt. September 5, 1997 CONGRESSIONAL RECORD — SENATE S8853 The second aspect is surveillance. This section has much broader impli- intercessions with the FDA in ways This is a key part of this Safe Medical cation than just tobacco regulation. It that can circumvent the kind of pro- Device Act which this bill undermines. provides a generally huge loophole tections that all of us are so concerned The mandatory surveillance program through which device manufacturers about, primarily with youth, and also of high risk medical devices is espe- can attempt to avoid FDA regulation as part of this whole tobacco negotia- cially important for consumers. These through imaginative labeling. How- tion. surveillance programs are important ever, it is most worrisome for tobacco I commend the Senator for the work for the early detection of potential regulation given the long history of to- that he is doing and welcome the op- problems with medical devices. In some bacco companies and their deception. portunity to join with him to try and cases the initial breakage of a device In the early seventies when there was address the actions of the tobacco in- may not cause instantaneous harm. a ban on TV advertising of tobacco dustry in the recent budget item to cir- For example, in the case of products, the industry devised every cumvent the agreements that the to- Telectronics’ heart pacemaker J leads, imaginable way to circumvent this bacco industry had made with the at- which were found to be defective in 12 ban. They would purchase bill-board torneys general. That is another issue percent of the patients, breakages did space at sport’s events which were for another time. What it does reflect not result in harm until the next bout placed in such a manner and location, is how the industry is working tire- of heart arhythmia. Surveillance of that they knew they would be televised lessly at every junction to try and fore- these leads identified problems in some during the sport’s event. For example, close the opportunity of meeting their patients. This led to the notification of they would purchase billboards behind responsibilities, either under the agree- patients with these leads of the need to homeplate of a baseball game or near ment or under this legislation. have them checked. Such early detec- the scoreboard. They would purchase I think they undermine the authority tion and correction can prevent a racing cars with advertisements along of the FDA in their agreement, which health crisis. their sides. No stone was left unturned, they signed with the attorneys general, Let me give you another example. looking for ways around the ban. and that agreement should not pass Early detection, unfortunately, was Around the same time of the tele- under any circumstances unless that not seen in the case of Teflon jaw im- vision ban on advertising of tobacco, measure is addressed. I know the Sen- plants made by Vitek in the 1980s. the industry passed a voluntary code ator will work with us closely in doing These implants, once put inside of a that none of them would use models that. human being, were found to splinter But the Senator has identified an- and cause massive corrosion of jaws that appeared to be under 21, and yet other potential loophole that ought to and skull due to the triggering of in- many of the models which were used be addressed. I am very hopeful that we flammation and other immune re- could pass as high school students. All this suggests to me at least that will be able to do that. I thank the sponses. By the time the patient suf- we do not want to jeopardize any type Senator for raising this because this is fered the pain, extensive damage had already been done. Many of these pa- of tobacco settlement with this FDA another very important aspect, as we tients required complete resection and reform bill. I suggest a very simple and are being asked to rush through this removal of their jaws, even some of straightforward fix, and I hope that the legislation. There are only two or three their skulls exposing their brains. sponsors of the bill will consider it. It Senators evidently concerned about Donna Fennema from Ames, IA, tes- says as follows: Nothing in this entire this particular proposal. We have seen tified here late last year at an FDA bill shall be construed to alter any au- the fact that the Governors, all of the hearing of how she needed 30 hours of thority of the Secretary to regulate Governors, the State legislatures sent critical major medical surgery to rec- any tobacco product or any additive or in their resolution and their letter say- tify her splintered jaw implant. She ingredient of a tobacco product. ing, ‘‘Go slow,’’ in opposition to the needed a rib graft to rebuild her jaw on Mr. KENNEDY. Will the Senator legislation. As the Secretary of Health both sides. To this day, she suffers pain yield on that issue? and Human Services has also indicated, from both her jaw and her rib cage. If Mr. DURBIN. I will be happy to yield. go slow. a surveillance program had been in Mr. KENNEDY. I welcome the Sen- I thank the Senator for his com- place prior to the Vitek jaw implant ator’s focus on that particular provi- ments on these other items, but par- defect, many of these patients would sion. We had attempted to address that ticularly with regard to tobacco. have been able to have the implants re- question, but it was done very unsatis- Mr. DURBIN. I thank the Senator moved prior to the deterioration of factorily. I think the Senator has from Massachusetts. Another item I their physical conditions. This terrible raised a very important issue with re- would like to address on which I will be tragedy that we have seen is one of the gard to what we have done in the legis- offering an amendment that I hope major catalysts, along with the Bjork- lation and the power of the FDA to Senator JEFFORDS will consider is that Shiley heart valve, for the passage of deal with tobacco in this legislation. of removing any possible money taint mandatory surveillance and tracking We will have an opportunity to ad- of the external review process. of implantable high-risk medical de- dress that when we move toward the This bill expands the ability of medi- vices. legislation itself, but I think it is im- cal device companies to purchase their Yes, it is true that these programs of portant and one of the principal rea- own third-party reviewers. Given the surveillance and tracking are burden- sons for taking the additional time on importance to the public of the ap- some to industry. Make no mistake the legislation for the reasons that the proval process remaining untainted by about it. But the cost to society, the Senator has just identified. monetary influence, it is extremely im- cost to each of us, the cost to Amer- For example, I think we have heard portant we ensure that there are very ican families of weakening them is far from responsible legal authority that if strict anticonflict of interest standards too high for us to be undermining the manufacture of tobacco products for product reviews. them. were to label them as ‘‘intended for In laymen’s terms, if we are going to The second issue I would like to raise smoking pleasure’’ or ‘‘intended for hire companies to review medical de- is one that is very typical and one that weight loss’’ or ‘‘intended to be used vices to determine whether or not they I have worked on for a long time. It is twice weekly,’’ then there is a real are safe enough for sale in America, de- the issue of tobacco. I am concerned question whether FDA can get safety vices such as the heart catheter that I that section 404 of this bill, this FDA data on the addiction of those health mentioned earlier, we want to make reform could undermine FDA’s ability hazards. certain that the reviewers are truly ob- to regulate tobacco. This section at- We know how creative—and the Sen- jective; that they do not have any con- tempts to limit FDA’s ability to look ator from Illinois knows well because flict of interest or any monetary gain at anything other than the manufac- he has been a leader in the House of associated with what they are doing. turer’s label to determine the intended Representatives and in the Senate with This bill, as currently drafted, has use of the product and to determine regard to the activities of the tobacco only very limited language on the issue whether the product is safe and effec- industry—how creative they can be in of preventing conflict of interest. Sen- tive for this labeled use. terms of packaging, so to speak, their ator HARKIN was successful in adding S8854 CONGRESSIONAL RECORD — SENATE September 5, 1997 some strength to that language. His folio,’’ the medical device industry was still are getting the very best. I yield amendment which was accepted after described as ‘‘a hot market that is only back my time. the markup of this bill in committee, getting hotter.’’ Mr. JEFFORDS addressed the Chair. allows the FDA to look at the contrac- Not only are the money stakes high The PRESIDING OFFICER. The Sen- tual arrangements between an outside for investors, however, the stakes are ator from Vermont. reviewing entity and the company also high for patients who have to rely Mr. JEFFORDS. Mr. President, first whose product is being reviewed. on these devices. of all, Senator MIKULSKI will be here FDA employees themselves are sub- Reviews must be of the most strin- shortly. I would like to make a few ject to a wide range of anticonflict of gent nature and must be carried out comments before I turn the floor over interest legislation for obvious reasons. without outside corrupting influences. to her. If you are an employee at FDA, if you The approval of an unsafe drug or de- With respect to the devices, as I can purchase stock in the company of vice, as I have already mentioned, can pointed out earlier and I just want to the device you are about to approve, have a devastating impact. Surely, it is refresh everybody’s recollection, the you are in for a windfall. We don’t not too much to ask that a reviewer be bill that we are dealing with is 152 want that to occur, and we certainly prevented from accepting gifts or loans pages long. The matters on devices are don’t want it to occur when we talk from a company they are reviewing and two pages. The matters on cosmetics about third-party reviewers. that they not be allowed to designate are four. I thank the Senator from Illi- Senator FEINGOLD and I will be offer- another person for acceptance of such a nois for bringing attention to some ing an amendment that would codify gift. possible problems with respect to en- into law basic requirements for outside Furthermore, a reviewer or their suring, as we all want to ensure, that reviewers. We don’t seek to impose all spouse or minor child should not be al- there is no conflict of interest involved the FDA employee regulations on out- lowed to have a financial interest in a with any of the companies that they side reviewers, merely the most appro- company whose product they are re- will be dealing with. priate. We would be happy to work viewing. That seems basic and fun- I point out, first of all, that the FDA with Senator JEFFORDS’ staff to tailor damental. I hope Senator JEFFORDS has total control over the third parties these very basic requirements specifi- and others on the committees would that will be allowed for the purposes of cally to outside reviewers. consider agreeing to the Durbin- reviewing. They have total control Our amendment is simple. It merely Feingold amendment. The products are over that. There are already regula- asks outside reviewers not be allowed too important to the American people. tions which propose to correct most of to have a financial interest in a com- I believe we should take a firm stand the problems, although a couple others pany that they review. It further de- and specifically enumerate basic stand- have been raised, and we certainly are mands that no outside reviewer may ards within this legislation to prevent going to seriously consider amend- receive a gift from a company whose even the potential for corruption of ments that will take care of those product they review. To monitor and this process. problems. prevent such activities, the amend- Let me say, I was one of the five this Let me go through the provisions ment allows FDA to require financial morning who joined with Senator KEN- right now on the existing regulations disclosure. NEDY in suggesting that this bill should for FDA: It should be obvious to all of us why be debated at length. I hope that some Can’t own a device company; it is necessary. of the items that I have raised during Can’t have any ownership or finan- The money stakes are certainly high- the course of this debate will give Sen- cial interest in any medical device er with respect to getting FDA ap- ator JEFFORDS and others an indication company; proval. Every day we read of how the of my concern. But let me say also that Can’t participate in the development stock market soars for a company I respect what Senator JEFFORDS and of medical products; whose product has just received FDA the committee has accomplished here. Can’t be a consultant; approval. For instance, on May 7 this FDA reform is needed, and I think Can’t prepare advice for companies; year, FDA announced approval for a what you are setting out to do, to and laser system made by a company called make it a more efficient process, is a Fees cannot be contingent on third- Premier Laser Systems, Inc., that very worthy goal. party recommendation. treats tooth decay painlessly. There is I find most of this bill to be very In addition, I emphasize that the something we all would like to see. positive, and I am anxious to support FDA has a list of those they have ex- Within days of this approval, the com- it. I hope that during the course of the amined, have gone through to make pany’s stock price more than doubled, debate on my amendments and others, sure that they are appropriate for the and for the first time since going pub- we can rectify what I consider to be a purposes of assisting—assisting—FDA lic in 1995, Premier hit the top 10 in handful—but only a handful—of very in coming to conclusions on these de- trading volume on Nasdaq, far surpass- important items which still need to be vices. ing even Microsoft 5 days in a row. debated. I hope to be able to vote for There are some protections: That is what FDA approval means. final passage of this bill, and I hope Can’t obtain reviews for the same As we farm out this responsibility to Senator JEFFORDS and others will be product from more than one third- third-party reviewers, it is important open to these amendments. They are party organization; that they make decisions that are ob- offered in good faith, and I hope we can Can’t contract for a substantial num- jective and honest. work together to resolve some of the ber of reviews, like more than 10 a Failure to get approval of a product concerns I have. year, from the same review organiza- can have the opposite effect. For exam- Let me close by saying that those tion on different devices; and ple, recently an FDA panel voted 9 to 2 who are critical of the FDA often pine Can’t contract for reviews from the that FDA reject an approval for a heart for those countries overseas where it is same review organization where the laser made by a company known as so easy to get approval for drugs and sum of fees is substantially like $50,000 PLC Systems. Trading in the stock had medical devices. I recommend to some one year when the other organizations to be halted after this announcement. of them that on their next trip to Mex- have the same capacity. Shares of PLC had risen dramatically ico that they drop into a pharmacy and So there are many protections now. in recent weeks on the expectation of a look at what is for sale on the shelves Of course, we are very concerned, along more favorable result. FDA denial of of those Mexican pharmacies. You will with the Senator from Illinois, and approval shattered the stock’s profit- find products that are openly adver- want to make sure we have taken care ability. tised as being cures for cancer and of every possible situation. The medical device industry produces AIDS. Many countries, which have a With respect to the legislatures and over $50 billion annually in sales. In much easier process, have little integ- the Governors, I will point out that the fact, a recent article in the journal rity in that process. We want to main- discussion in that regard has been very Medical Economics, entitled ‘‘Why tain that integrity to make sure the limited to certain provisions, but I Medical Stocks Belong in Your Port- American consumers know that they want to enter into the RECORD a letter September 5, 1997 CONGRESSIONAL RECORD — SENATE S8855 which came to the majority leader, Ms. MIKULSKI. Mr. President, I mantle, and I think you have improved Senator LOTT, from Gov. Tom Carper thank the chairman for his leadership on the original legislation that Senator from the State of Delaware, chairman in bringing about not only a reform Kassebaum had written. of the Committee on Human Resources, structure for FDA that preserves both I was proud to participate for several and Gov. Tom Ridge, the vice chair of the safety and efficacy of pharma- reasons. the Committee on Human Resources. I ceuticals, biologics and other products One, I have the pleasure and the will read that for the RECORD: that the American people utilize, but honor of having FDA located in Mary- On behalf of the nation’s Governors, we are also for the fact that he has been able land. I cannot tell you the enthusiasm writing to express our support for swift pas- to move this legislation to the floor. to be able to have the National Insti- sage of bipartisan FDA reform and a reau- I also extend my compliments to tutes of Health in Bethesda and FDA in thorization of the Prescription Drug User Senator KENNEDY for his longstanding Rockville, really looking at the life Fee Act (PDUFA). commitment to public health, to public science endeavors, the ingenuity, cre- Better health care for all Americans is a safety, and at the same time being able ativity and scientific know-how, to paramount national goal that is strongly supported by the Governors. An important to maintain the whole idea of develop- come up with basic knowledge, to work component to improved health care delivery ing jobs in our own country. extramurally in these wonderful insti- is the development and approval of safe and Mr. President, I have been working tutions in Maryland, in Massachusetts, effective new medical technology. New on FDA reform for a number of years. and Vermont, academic centers of ex- therapies, for example, have the potential to I worked on FDA reform when I was a cellence, to come up with fantastic new improve the lives of millions of Americans Member of the House of Representa- ways of saving lives and at the same and may, in many instances, reduce health tives on the Energy and Commerce time generating jobs. care costs. Committee, serving under then Con- Through the work, then, of Secretary The Governors also recognize that the competitiveness of the U.S. pharmaceutical, gressman DINGELL, where we em- Shalala and the Vice President, we did biotechnology, and medical device indus- barked, on a bipartisan basis, to ensure make some improvements. But we tries—and the hundreds of thousands of peo- consumer protection and that we did must codify those improvements. So ple they employ in our states—is dependent not dump our drugs that did not meet this is where we come to today. What I on bringing products to market safely and our standards on third world countries. like about the legislation here is that quickly. Constructive reform will improve Coming to the Senate, I joined with it streamlines and updates the regu- the efficiency of the approval process while my colleague from Massachusetts and latory process for new products, it re- continuing to protect the public’s health and the Senator from Utah, [Mr. HATCH], in authorized that highly successful Pre- safety. fashioning legislation called PDUFA, scription Drug User Fee Act, and it We have the support of the Gov- the Prescription Drug User Fee Act, creates an FDA that rewards signifi- ernors. They are not going to go which enabled a very important tool to cant science and evaluation while pro- through everything. Generally, they go into place in which we could hire tecting public health. support what we are doing. That is why more people to come to FDA to exam- Now, what is the end result of the we had an 89-to-5 vote today to move ine the products that were being pre- legislation that we will pass? It will forward. sented for evaluation, to be able to mean that new life-saving drugs and I ask unanimous consent that the move them to clinical practice in an devices will get into clinical practice letter be printed in the RECORD. expeditious way. The leadership of more quickly, and it will enable us to There being no objection, the letter Kennedy-Hatch on PDUFA has not add products that we can sell around was ordered to be printed in the only stood the test of time, but has the world and, through this, save lives RECORD, as follows: really been shown as a test for being and generate jobs. NATIONAL GOVERNORS ASSOCIATION, able to expedite approval processes and FDA is known the world over as kind Washington, DC, July 25, 1997. maintaining safety and efficacy. of the ‘‘gold standard’’ of the approval Hon. TRENT LOTT, But it was clear that PDUFA was not of products. We want to maintain that Senate Majority Leader, Capitol Building, Washington, DC. enough, that more staff operating in an high standard. We want to maintain its DEAR SENATOR LOTT: On behalf of the na- outdated regulatory framework, with- global position. At the same time, we tion’s Governors, we are writing to express out a clear legislative framework, was want to make sure that FDA can enter our support for swift passage of bipartisan deficient. That is when we began to the 21st century. This bill gets us FDA reform and a reauthorization of the consult with experts in public health, there. It sets up a new legislative and Prescription Drug User Fee Act (PDUFA). those involved in public policy related regulatory framework that reflects the Better health care for all Americans is a to food, particularly with drugs and latest scientific advancements. The paramount national goal that is strongly biologics. And in the meantime, while framework continues FDA’s strong supported by the Governors. An important component to improved health care delivery we were considering all this, something mission to protect public health and is the development and approval of safe and came into the world which was the rev- safety and at the same time sets a new effective new medical technology. New olution in biology. We had gone from a goal for FDA, enhancing public health therapies, for example, have the potential to smokestack economy to a cyberspace by not impeding innovation or product improve the lives of millions of Americans economy. We had gone through basic availability through unnecessary proc- and may, in many instances, reduce health discoveries in science from the field of esses that only delay the approval. care costs. chemistry and physics to a whole new We are considering a very important The Governors also recognize that the issue today. I would just like to reit- competitiveness of the U.S. pharmaceutical, explosion in biology, which is truly biotechnology, and medical device indus- revolutionizing the world, whether it is erate the importance that no matter tries—and the hundreds of thousands of peo- in genetics or other biologic materials. what the outcome of this bill, we must ple they employ in our states—is dependent These offer new challenges to ensure pass the reauthorization of the Pre- on bringing products to market safely and their safety and efficacy, new staff and scription Drug User Fee Act. This has quickly. Constructive reform will improve a new legislative framework. enabled them to hire 600 new reviewers the efficiency of the approval process while What we then said is that we needed and cut review times from 29 to 17 continuing to protect the public’s health and an FDA with a new legislative frame- months over the last 5 years. If we fail safety. work and a new culture. This is then to act, it means that people who have Thank you for your consideration in this important matter. when we tried to put together what we been working on behalf of the Amer- Sincerely, called the sensible center, working ican people will get RIF notices be- GOVERNOR TOM CARPER, with Republicans and Democrats alike, cause we have not been as quick to ap- Chair, Committee on Human Resources. because we certainly never want to prove FDA reform as we have asked GOVERNOR TOM RIDGE, play politics with the lives of the them to approve products that do meet Vice Chair, Committee on Human Resources. American people to come up with it. the safety standard. Mr. JEFFORDS. With that, I see Sen- Senator Kassebaum chaired the com- Who benefits from this legislation? ator MIKULSKI is here. I would, there- mittee during this initiative. We took Most of all, it is the patients. Safe and fore, yield to her such time as she may important steps forward. I say to Sen- effective new medicines will be getting desire. ator JEFFORDS, you have assumed that to the patients early. It will meet the S8856 CONGRESSIONAL RECORD — SENATE September 5, 1997 performance standards in PDUFA, and it is in my own home State, and that bate, but I hope that for whatever ways we will be able to again provide this we have a pharmaceutical that can can be done to improve the bill, let us great opportunity for patients. help people gripped by this devastating offer those amendments on the floor, By extending PDUFA, we can make and debilitating disease? let us have a robust debate, and then further improvements in the drug ap- That is what we are here for. We do let us vote on this, because at the end proval process. Currently, PDUFA only not find the cure, but we fund the re- of next week we will make sure we addresses the review phase of the ap- search to look for the cure. We do not have had adequate staff to be able to proval process. Our bill expands invent the product; that is up to the deal with work at FDA and an ade- PDUFA to streamline the early drug genius of our private sector working quate framework to save lives and gen- development phase as well. This expan- with our scientific community. We erate jobs. sion will be covered in a separate let- cannot ensure the safety and efficacy So, Mr. President, I thank you for ter. This letter is very significant in of that idea to make sure it is not only the time. If I seem a little emotional how PDUFA will work. The letter in- a dream, but also has the ability to about it, you bet I am. I love FDA. I cludes performance goals that have really work in clinical practice in a am really proud they are in my State. been worked out between FDA and the way that enhances in patients. And I thank God for the ingenuity of the biological and pharmaceutical indus- that is the job of FDA. But our job is American medical community. And I try. to fund the research and to have the really look forward to moving the bill. What are the kinds of things that regulatory and legislative framework I yield the floor. this will do that will help? Electronic to evaluate it, to get it out to clinical Mr. JEFFORDS addressed the Chair. submissions. It means that instead of a practice. That is why I am fighting for The PRESIDING OFFICER. The Sen- carload, whether it is UPS, IPS, or this. This is exactly why I am fighting ator from Vermont. whatever, pulling up at FDA, with for this. Mr. JEFFORDS. I thank the Senator stacks and stacks and stacks of mate- My dear father died of Alzheimer’s, from Maryland whose untiring efforts rial, it can be done electronically. That and it did not matter that I was a U.S. have enabled us to come forward here not only reduces paperwork, but actu- Senator. I watched my father die one with an excellent piece of legislation, ally provides a more facile, agile way brain cell at a time, and it did not mat- her undying efforts on behalf of FDA for the scientific reviewers to get ter what my job was. My father was a and the people of Maryland and the through the data. Also, we are talking modest man. He did not want a fancy rest of the country to ensure that they about meeting management, in other tombstone or a lot of other things, but are an effective, efficient operation and words, FDA meeting to discuss what I vowed I would do all I can for re- they do all that is possible and appro- are the appropriate protocols; reducing search in this and to help other people priate to protect the interests of oth- the response time on clinical holds; along these lines. And we can go ers. There is no one I relied on more having written protocol agreements; around the Senate. Every one of us has who has done more to bring about this predictable appeal processes; and re- faced some type of tragedy in our lives bill in the shape that it is in and in a ducing manufacturing supplement re- where we looked to the American med- position where I feel confident that it view times, along with some others. ical and pharmaceutical, biological can pass. So I thank the Senator very, These are management tools, and I community to help us. very much for her effort. cannot understand why the naysayers When my mother had one of her last Mr. President, I know of no other are saying no to this. terrible heart attacks that was leading Members on my side of the aisle who I want to make it clear that these rapidly to a stroke—there is a new desire to speak and I do not believe goals that we are outlining should be drug that is so sophisticated that it there are those on the other side, other binding on the agency. It is my intent must be administered very quickly. than Senator KENNEDY. that the letter that will accompany You need informed consent because, I make a point of order that a this legislation should be considered as even though it is approved, it is so dra- quorum is not present for the purpose a minimum, not a maximum, commit- matic that it thins the blood almost to of allowing other Members to notify ment. The agency can do better; it the hemophilia level. I gave that ap- me if they do desire to come and speak should by all means do better. The proval because my mother was not con- and we will certainly accommodate agency did a great job exceeding its scious enough to do it. them. I will wait for at least 5 minutes commitments in the 1992 letter along Guess what? That new drug approved for a response. PDUFA compliance. I am sure they can by FDA, developed in San Francisco, I suggest the absence of a quorum. do it this time. got my mother through her medical The PRESIDING OFFICER (Mr. Updating the approval process for crisis with the hands-on care of the GRAMS). The clerk will call the roll. biotech is another critical component. Sisters of Mercy in Baltimore at Mercy The bill clerk proceeded to call the Biotech is one of the fastest growing Hospital. We were able to move that roll. industries in our country. There are through. Mother did not have a stroke Mr. JEFFORDS. Mr. President, I ask over 143 biotech companies like that in because we could avoid the clotting unanimous consent that the order for my own State of Maryland. They are that would have precipitated it. the quorum call be rescinded. working on AIDS, Alzheimer’s, breast Thanks to the grace of God and the The PRESIDING OFFICER. Without and ovarian cancer, other life-threaten- ingenuity of American medicine, we objection, it is so ordered. ing infections such as whooping cough. had my mother with us 100 more days Mr. JEFFORDS. Mr. President, we I know during the NIH discussion the in a way that she could function at have given Members time to notify us other day we passed additional money home, have conversations with us and that they desire to speak. I have re- for Parkinson’s. I am proud to report her grandchildren. ceived no requests from my side or sup- that there is a biotech firm in Mary- Do you think I am not for FDA? You porters of the bill for a presentation land that also has a joint venture with think I am not for safety? You think I here. I believe the same is true for Sen- brilliant neurological scientists from am not for efficacy? You bet I am. And ator KENNEDY, but I defer to him for Johns Hopkins. And we anticipate ei- that is what this is all about. It is not that. ther a cure for Parkinson’s—a cure for a battle of wills. It is not a battle over Mr. KENNEDY. Mr. President, there Parkinson’s—or certainly the ability this line item or that line item. It is is a possibility of one speaker but not to stretch out the ability of people to really a battle to make sure that the more than that, although I have some function both intellectually and in American people have from their phy- remarks related to the legislation terms of their motor skills. sicians and clinical practitioners the which I will look forward to present- You know what? That cure could best devices and products to be able to ing. very well come from Maryland. My administer to save lives. Mr. JEFFORDS. My present inten- gosh, can you understand the joy that So that is what we are all about. I do tion is to make some final remarks I will have the day that I can come to really hope that we can approve this myself and then to yield back the time the U.S. Senate and announce that we FDA reform. I am glad that we invoked on behalf of the majority. It is my un- have found a cure for Parkinson’s, that cloture, not because I want to stifle de- derstanding, as the Senator has said, September 5, 1997 CONGRESSIONAL RECORD — SENATE S8857 that he intends to proceed for some to the American public generally. The bacco devices—I don’t know what they time and perhaps have one additional issues are raised in a way that explain might be, but obviously filter-type speaker, and it is my understanding at what the present situation is and make things, or whatever else, I don’t know. that time that he will yield back his it look like that is what the bill is. Anyway, we were concerned about time. I am not concerned for the pres- That is not what the bill is. The bill is that. So, first of all, we asked the CRS entation of the majority because we trying to take care of the concern that as to whether or not the bill, as pres- have another 4 hours on this on Mon- the public has with the present situa- ently drafted, in the device areas would day morning, I believe, so we will have tion of not being aware or officially in any way allow tobacco devices to be ample time—just to reassure the ma- find ways to determine whether or not sold out from under the bill and, there- jority—we will have ample time on cosmetics are harmful. fore, create problems and a very seri- Monday to take care of any situation What the bill does is to say not only ous situation in tobacco. I have the which may arise. should the FDA get into this and reas- CRS study that was done. Before I complete my remarks, I sure the public on cosmetics but that I ask unanimous consent that this be want to refresh people where we are, they should do that with an eye toward printed in the RECORD. especially on the critical issues that uniformity so that if you buy some- There being no objection, the mate- have been raised by the Senator from thing in Vermont it does not tell you rial was ordered to be printed in the Massachusetts. I understand there are one thing and you find if you buy it in RECORD, as follows: concerned people, and I am well aware California, something else, or other CONGRESSIONAL RESEARCH SERVICE, of editorials and groups who have places have no warnings. You do not THE LIBRARY OF CONGRESS, raised issues, most of which I have have any way to judge if the product Washington, DC, September 4, 1997. found not to be relevant to the bill you may be using is one that is safe. To: Senate Committee on Labor and Human which we are considering. Many of Now, the States have had authority Resources, Honorable James M. Jeffords, Chairman. those problems were related to last to move into this area and thus to Attention: Jay Hawkins. year’s bill and we are assured the point out that this will somehow inter- From: American Law Division. whole country has available to them fere with the States. You have to re- Subject: Discussion of Possible Effects of the bill before us here by having it on member they have had this authority Sections of S. 830, the ‘‘Food and Drug Web pages and all. I am hopeful those forever, I guess, and only one State has Administration Modernization and Ac- groups who have expressed their deep taken it upon themselves to really do countability Act of 1997,’’ On FDA’s Abil- concerns will review the legislation anything in this area to try and solve ity to Regulate Tobacco. This memorandum responds to your re- that is before the Senate and not make the problem—not the best of ways, to quest for an examination of various claims conclusions or alarm the public based determine what cosmetics are good or and the effect that certain provisions of S. upon provisions which were in the bill bad for your health. 830, the ‘‘Food and Drug Administration which did appear before this body last What did we do? We said, ‘‘OK, Cali- Modernization and Accountability Act of year but of course were not voted on. fornia, fine, we will not get involved 1997,’’ 1 may have on FDA’s current authority First, I remind everyone we voted 89– with preempting you with respect to to regulate cigarettes and smokeless tobacco 5 to proceed on this legislation. It is your laws that are on the books. We products. Specifically, you are concerned clear that the large majority of the will allow those laws to stand. The with provisions of S. 830, as reported out of Members here believe and have full the Senate Committee on Labor and Human FDA can work around that.’’ But on Resources, that may interfere with FDA’s confidence that any problems that may the other hand, we will tell the other ability to regulate these products or have se- exist in the bill will be taken care of. I States that you are free, too, unless rious, unintended consequences. Two memo- remind everyone, as I hold this bill up, the FDA has moved in on those specific randa by different commentators have been it is 152 pages long. The areas we are products and has made a determination prepared and have examined S. 830’s provi- concerned with are two, basically. One and has exercised its authority, in sions as they may relate to the FDA’s regu- is cosmetics. That is an area of deep which case you would be preempted. lation of cigarettes and tobacco.2 The follow- concern to all of us and the present Now, that leaves a narrow problem ing highlights and discusses the main provi- status of things without this legisla- we are dealing with and is one of the sions of S. 830 that were discussed in the two memoranda and concludes that it would not tion. That is four pages in the bill. reasons, perhaps the only reason, we appear that S. 830, in its current form, would There are another two pages on the are here, and that is suppose a State interfere substantially or negatively with problems which some see with respect should say no, not only is that cos- the FDA’s tobacco authority. To a certain to medical devices and the approval metic going to cause possibly skin can- extent, this discussion is speculative consid- process for them. The issues there have cer, it may also cause blood poisoning, ering that a hypothetical new cigarette prod- been narrowed down to very small is- and the FDA only includes skin cancer. uct is discussed herein and that a new prod- sues, but they are important. I do not Can we not tell our people they should uct application is not pending or known to diminish that at all. be protected against blood poisoning? be the focus of this inquiry. With respect to the cosmetics, and We have not quite resolved that. It RELEVANT PROVISIONS OF S. 830 AND DISCUSSION that is where the most concern has does not seem irresolvable to me or Section 404 of the bill, as reported out of been expressed, and rightfully so be- make the bill horrible because I have full committee, would amend the Federal Food, Drug, and Cosmetic Act (FFDCA) 3 and cause of the present situation with re- that much confidence in the FDA. provides, in pertinent part: spect to cosmetics, there is little or no With respect to the devices, again, ‘‘Consideration of labeling claims for prod- assistance or help to the public in un- that is two pages of the bill. With re- uct review. derstanding as to whether there are spect to that, it gets down to another ‘‘404(a) PREMARKET APPROVAL . . . In problems, health problems, created by problem for the industry, and that is, making the determination whether to ap- cosmetics. The industry itself has done when they have a device and they say prove or deny the application, the Secretary we have studied it and this is the in- shall rely on the conditions of use included in a great deal to work within the indus- the proposed labeling as the basis for determin- try to try and ensure they have ade- tended purpose of that device and the ing whether or not there is a reasonable assur- quate understanding of what the con- studies have gone on and it shows it is ance of safety and effectiveness, if the pro- tents of the cosmetics are and they effective and safe for this purpose, FDA posed labeling is neither false nor misleading. have tried to eliminate to the extent says, yes, but there may be some other In determining whether or not such labeling possible any potential harm to individ- uses of that, so we want to do studies is false or misleading, the Secretary shall uals. That has apparently been fairly on all possible uses of that device. The fairly evaluate all material facts pertinent to successful. industry says, well, wait a minute, it is the proposed labeling.’’ ‘‘404(b) PREMARKET NOTIFICATION . . . On the other hand, the present situa- being produced for this purpose, being Whenever the Secretary requests informa- tion with respect to governmental in- sold for this purpose, intended for this tion to demonstrate that the devices with fluence in trying to protect the public purpose; we should not have to run all differing technological characteristics are or trying to allow people to determine these studies on other things that substantially equivalent, the Secretary shall the safety of the utilization of cosmet- somebody dreams it may be used for. only request information that is necessary ics, there has really been no effort to The issue of tobacco has been raised. do this which is satisfactory to us and We were concerned, also, that the to- Footnotes at end of article. S8858 CONGRESSIONAL RECORD — SENATE September 5, 1997 to make a substantial equivalence deter- with respect to consequences which may re- appears to be that the Secretary, when re- mination. . . . The determinations of the sult from the use of the article to which the questing certain information concerning Secretary under this section and section labeling . . . relates under the conditions of substantial equivalence, must request only 513(f)(1)[Initial classification and reclassi- use as are customary or usual.’’10 the amount of information that is necessary fication of certain devices] with respect to Additionally, section 515(d) of the Act cur- to the decision and is the least burdensome the intended use of a device shall be based on rently authorizes the agency to deny the ap- to the manufacturer. Among other things, the intended use included in the proposed label- proval of an application if, ‘‘upon the basis of this provision would operate during the ing of the device submitted in a report under the information submitted . . . and any agency’s assessment of substantial equiva- section 510(k) [of the Act].’’ 5 other information before [the Secretary],’’ lency and classification for controls. Section Section 404(a) of the bill relates to agency that ‘‘based on a fair evaluation of all mate- 404(b) would appear to limit the Secretary’s action on an application for premarket ap- rial facts, the proposed labeling is false or inquiry concerning ‘‘intended use’’ of the de- proval of a device intended for human use.6 misleading in any particular.’’ 11 Thus, even vice, and ultimately substantial equiva- This section of the bill primarily relates to though current law does constrain the Sec- lency, to only information of intended use the classification of devices, findings of sub- retary to ‘‘conditions of use on the proposed that the manufacturer includes in the pro- stantial equivalence to prior approved prod- labeling’’, much in the same manner as S. posed labeling (submitted in a report under ucts, and, premarket notification require- 830, other relevant provisions grant the Sec- 510(k) of the Act.) At the same time, this ments under 510(k) of the Act. With reference retary authority and discretion to examine provision appears to be aimed at lifting per- to 404(a) and (b) of S. 830, several concerns other material facts and information when ceived information and demonstration bur- and responses were raised in the commenta- evaluating the product application. This per- dens borne by manufacturers. tors’ memoranda. Regarding 404(a), Mr. mits the agency to view different facets of The question has been raised whether Westmoreland asserts that the bill may limit the product, the manner in which it is com- 404(b) is constructed in such a way that it, the Secretary’s ability to determine whether monly used, the presence of misleading or albeit unintentionally, could limit the FDA’s there is a ‘‘reasonable assurance of safety false information on the label, or the absence authority to regulate cigarettes, tobacco, and effectiveness’’ if the Secretary’s evalua- of appropriate information. and nicotine by limiting the agency’s deci- tion for approval is tied only to ‘‘conditions When viewed in the context of the agency’s sion only to the intended uses listed on the of the use included in the proposed labeling’’ broad statutory and discretionary authority proposed label. Mr. Westmoreland raises the of the product.7 This concern is raised in under the FFDCA, it would appear that sec- concern that clever labels and such a re- light of the tobacco industry’s history of tion 404(a) of the bill would not necessarily stricted authority might pave the way for dealing with the agency, consumers, and oth- confine the FDA to look only at the label cigarette products to enter the market, with ers. The commentator notes that, hypo- thereby compelling the agency to make a fa- less stringent controls, having (apparently) thetically, the manufacturer could develop a vorable decision on a product like the hypo- met the tests for safety and effectiveness. cigarette that reduces nicotine intake levels thetical new cigarette offered for ‘‘occa- The commentator states, ‘‘Under the terms and state on the proposed labeling that the sional use.’’ Relying on its statutory author- of subsection (b), the FDA would not be al- product is for occasional consumption, week- ity and recognizing its mandate to protect lowed to look behind the conditions of use. end use, or once-a-week use. Under this sce- the public health, the agency would most Consequently, a cigarette manufacturer with nario and the language of 404(a), he claims likely evaluate the new product for safety a clever proposed statement of use may be and effectiveness by considering numerous that the Secretary would assess safety and able to force the FDA to classify or reclas- issues it considers material. Thus, the agen- effectiveness only in light of the proffered sify the cigarette as an approved Class I or cy would not necessarily be confined to a ‘‘conditions of use’’, when in reality, ad- Class II medical device with relatively few narrow reading of only the proposed labeling. dicted smokers would most likely consume controls.’’16 Although this approach may be objection- many more cigarettes than the occasional Under the bill, to a certain extent, the Sec- able to some, it is likely that the agency one or two. Under this scenario, the memo- retary would be required to make the rel- would examine material issues beyond the evant determination based on the ‘‘intended randum states, ‘‘the FDA may be required to proposed labeling, particularly in light of use included in the proposed labeling.’’ 17 approve the product as safe (inasmuch as the scientific data that indicate the addict- there are probably few data about smoking ive nature of cigarettes, especially for young However, the result proposed by Mr. West- 8 once a week.) people, and the debilitating, serious health moreland may be unlikely since the hypo- The question is raised whether this provi- effects of cigarette ingredients and smoking. thetical product would need to have the sion would reduce or negatively interfere While the intent of 404(a) seems to be aimed same intended uses as the predicate device with the FDA’s authority and result in the at limiting or confining the agency to a cer- upon which the claims of substantial equiva- approval of a cigarette that would have the tain degree and clarifying rules of proce- lence are based. Current law provides that agency’s imprimatur of ‘‘safe and effective’’ dure 12, it does not appear that this section substantial equivalence means that the de- for the conditions of use listed on the label. would operate in a vacuum and result in a vice has the same intended use as the predi- By way of background, the FDA currently catastrophic, unintended consequence in- cate device and that the Secretary by order regulates cigarettes as delivery devices and volving cigarettes or tobacco products. has found that the device (i) has the same nicotine as the drug in the device under the Section 404(b) of the bill focuses also on technological characteristics as the predicate, Act, recent rulemakings and other relevant the label but presents slightly different is- or (ii) has different technological characteris- statutes. The agency has been granted broad sues that involve the classification of de- tics and the information submitted that the statutory and regulatory authority, as well vices 13 and the finding of ‘‘substantial device is substantially equivalent to the as a great degree of agency discretion, when equivalence’’ between a new device and a de- predicate contains information, including evaluating an application for approval of a vice already on the market, i.e., predicate clinical data if deemed necessary by the Sec- device or drug, particularly in light of strong device.14 This subsection would amend sec- retary, that demonstrates that the device is public health concerns. tion 513(i)15 of the Act by adding new provi- safe and effective as a legally marketed de- Section 404(a) does appear to limit the Sec- sions relating to what types of information vice and does not raise different questions of retary’s examination to the proposed label, the Secretary may request to demonstrate safety and efficacy that the predicate de- to a certain extent, however, it provides an that devices with differing aspects are ‘‘sub- vice.18 exception for ‘‘false or misleading’’ labeling stantially equivalent’’ to a product already The more likely scenario would be that and authorizes the Secretary to ‘‘fairly on the market. To generally explain, current based on the prongs of the substantial evaluate all material facts pertinent to the law provides that any device intended for equivalency test, the agency would not find proposed labeling.’’ This exception is bol- human use that was not introduced into substantial equivalence to a predicate device stered further by other important provisions interstate commerce for distribution before that had different characteristics or raised of the FFDCA. The Act currently defines the date of enactment is classified in class different questions without the requisite ‘‘label’’ to include a display of written, print- III (triggering high risk controls) unless (1) supporting data. And, under the Act, in most ed, or graphic matter upon the immediate the device (a) is within a type of device (i) cases, a new or the hypothetical product container of the article and defines ‘‘label- which was introduced into interstate com- would be automatically classified in class ing’’ to include all labels and other written, merce before the enactment date and which II.19 A new type of cigarette that, say, re- printed or graphic matter upon any article is to be classified under 515(b) [classification duces nicotine levels or has a unique filter, or its containers or wrappers or accompany- panels] or (ii) which was not introduced be- could very well have ‘‘different technological ing such article.9 Additionally, under the fore such date and has been classified in characteristics’’ that would probably not misbranding provisions of the Act, an article class I or II and (b) is ‘‘substantially equiva- give rise to a finding of substantial equiva- may be deemed misbranded because the la- lent’’ to another device within such type or lence. Thus, under this prong of the substan- beling or advertising is misleading. When de- (2) the Secretary, in response to a petition, tial equivalent assessment, the agency would termining if the labeling is misleading, the has classified the device as class I or II. In not be overly confined in its judgement. In Secretary shall take into account, ‘‘among sum, under current law all devices are class the context of cigarette and tobacco issues, other things’’, not only representations I, II or III, however, the manufacturer can S. 830 could potentially, but would not ap- made or suggested by statement, word, de- petition to have its product placed in class I pear to affect drastically these determina- sign, etc., ‘‘but also the extent to which the or II. tions by the FDA. labeling . . . fails to reveal facts material in Examining the text of section 404(b) of the The FDA’s final tobacco rule and explana- light of such representations or material bill (see above), the thrust of the provision tory statements in the Federal Register shed September 5, 1997 CONGRESSIONAL RECORD — SENATE S8859 some light on the FDA’s view of ‘‘intended classification or reclassification of these actions governing cigarettes and smokeless use’’ for tobacco products. In the ‘‘label’’ sec- products, as well as the enforcement and def- tobacco products. Notwithstanding some un- tion of the rule, the FDA requires that each inition sections of the FFDCA. Moreover, the foreseeable circumstance, S. 830, in its cur- cigarette or smokeless tobacco package that agency has been granted additional author- rent text, would not appear to alter dras- is offered for sale, sold or otherwise distrib- ity reserved for restricted devices under sec- tically that approach. Finally, in addition to uted shall bear the following statement: tion 520. any drafting changes or clarifications of ‘‘Nicotine-Delivery Device for Persons 18 or Section 604 of the bill as reported raises text, further explanation of congressional in- Older.’’ 20 The explanatory statement that similar issues regarding the Secretary’s au- tent regarding these sections or the bill in accompanies the final rule indicates that ini- thority and discretion to evaluate a product its entirely may be included in report lan- tially, in the proposed rule, the agency indi- and assign its classification. Mr. Westmore- guage, in order to guide a legal challenge in cated that it would exempt these products land’s memorandum indicates that this sec- which the court might be called upon to dis- from the statement of identity and labeling tion, operating with section 404(b) of the bill, cern the intent of the law, if enacted. for intended use. However, based on com- may limit the Secretary’s authority and DIANE T. DUFFY, ments received, FDA reconsidered and con- force the agency to rely only on the manu- Legislative Attorney, cluded that it is appropriate to require that facturer’s statement of intended conditions American Law Division. the intended use statement noted above of use when classifying or reclassifying the FOOTNOTES must appear on the label. The FDA stated product. In brief, this section allows manu- that as with all over-the-counter devices, facturers who have a class III designation to 1 As ordered to be reported by the full committee. cigarettes are required to bear the common request the agency to reclassify the product 2 Memorandum of Tim Westmoreland, July 23, 1997 and memorandum of an unknown or undisclosed name of the device followed by an accurate to less stringent control levels, e.g., class I statement of the principal intended action/s source. or II. The Secretary then has 60 days to re- 3 21 U.S.C. §§ 301 et seq. of the device. ‘‘As over-the-counter devices, spond to the request. Based on the foregoing 4 Emphasis added. cigarettes . . . are legally required to com- and the current provisions of the FFDCA, 5 In the text of S. 830 supplied to CRS, there is ad- ply with this provision.’’ 21 To reflect the the view expressed by the second commenta- ditional handwritten language added to the end of ‘‘permitted intended uses’’ of these products, tor would appear to be the more likely sce- 404(b) which reads’’. . . provided however that noth- the agency requires the statement: Nicotine nario. The FDA would not be limited to the ing in this paragraph shall prohibit the Secretary from determining that a device is not substantially Delivery Device for Person 18 or Older. The proposed labeling and would employ what it agency stated further: ‘‘The statement of in- equivalent to a predicate device within the meaning considers to be the appropriate evaluation of of paragraph (A)(ii).’’ This language does not appear tended use, in essence, incorporates the safety and effectiveness for class designa- to be included in the reported-out version of the bill, statement of one of the principal restrictions tion. according to text in Sen. Rept. No. 105–43. However, FDA is imposing on these products.’’, i.e., re- Additionally, the concern was raised that I have included it here because it was included in strict and eliminate youth smoking. the bill, particularly section 402, may inter- the text supplied to CRS and also because it may These agency statements tie in with what fere with the FDA’s regulation of ‘‘combina- benefit your examination of these issues. 6 are considered ‘‘adequate directions for use’’ tion products’’, e.g., a combined drug and de- Section 404 proposes to amend section 515(d)(1)(A) of the products. The FDA acknowledged in of the FFDCA. vice product. This is raised in light of the 7 the final rule that it is very difficult to es- Westmoreland memoranda, pp. 1–3. fact that the FDA intends to regulate, and is 8 Westmoreland memorandum, p. 2. tablish adequate directions for use for ciga- regulating, cigarettes and smokeless tobacco 9 FFDCA, section 201 [Definitions]. rettes and smokeless tobacco, primarily be- products as combination products whereby 10 Id. Regarding the ‘‘customary and usual’’ phrase, cause of the inherent nature of the products, the nicotine is the drug and the cigarette is even if one argued that a new cigarette product their addictiveness, the numerous hazards the delivery system and device. The bill could be introduced where the ‘‘customary and associated with their use, and because the would establish a procedure for the FDA usual’’ use would not be apparent, the agency has stated in the final tobacco rule issued in the Federal behavior of each user, e.g., depth of inhala- when assigning the product is appropriate tion, duration of puff, whether the filter Register, the tobacco products have a very long his- designation, e.g., drug, device biologic, etc., tory of use in this country and ‘‘the way in which holes are covered, length of time in mouth, thereby placing it within the proper sphere these products are used is common knowledge.’’ 61 determines the amount of tar and nicotine or center for regulation within FDA’s struc- Fed. Reg. 44464 (Aug. 28, 1996). delivered to the user from the device. The ture. Many features of the bill are currently 11 FFDCA, section 515(d)(2). FDA has stated: being performed via inter-center memoranda 12 Title IV of the bill is entitled, ‘‘Improving Cer- ‘‘Tobacco products have a very long his- of understanding of FDA. Section 402 does tainty and Clarity of Rules.’’ tory of use in this country, and they are one 13 Devices are classified according to risk and then not expressly state a person may request the subject to various controls. For instance, class I of the most readily available consumer prod- designation of combination product. Further ucts on the market today. Consequently, the trigger general controls; class II products present drafting attention may be merited to add more risk to the user and are subject to tighter con- way in which these products are used is com- that clarity, however its absence would not trols; class III present the highest risk and are sub- mon knowledge. FDA believes that the pub- appear to remove that authority from FDA’s ject to the most stringent controls on the products. lic health would not be advanced by requir- powers. Under current law and policy, the The FDA stated in the final tobacco rule that it ing adequate directions for use. . . . In the FDA is authorized to designate and regulate would apply the general controls provisions of the agency’s view, the warnings mandated by the Act to cigarettes and smokeless tobacco, including combination products and assign the product restrictions on their distribution, sale, and use Cigarette Act and the Smokeless Act satisfy to the appropriate center for its primary reg- this requirement. Additionally, the Surgeon under section 520(e) of the Act governing restricted ulation. More express language may be desir- devices. These controls will be in place while the General’s warnings provide information able in order to remove any hint of ambigu- agency’s decision on classification is pending. The warning against use in persons with certain ity and to avoid some unintended or unfore- FDA will, in a future rulemaking, classify cigarettes 22 conditions, i.e., pregnant women.’’ seen consequences. and smokeless tobacco in accordance with section The FDA has chosen to regulate tobacco 513 of the Act. ‘‘In the meantime, the general con- products as ‘‘restricted devices’’ under sec- CONCLUSION trols will apply.’’ 61 Fed. Reg. 44464 (Aug. 28, 1996). tion 520(e) of the Act and is authorized to re- Based on the foregoing analysis and the 14 In brief, the finding of substantial equivalence quire that a device be restricted to sale, dis- current text of S. 830, it appears that the bill permits the device to be marketed without going tribution or use only upon the written or would not interfere with or lessen the agen- through the longer, more stringent premarket ap- cy’s authority to regulate tobacco products proval process for new devices. oral authorization of a practitioner licensed 15 Section 513(i) relates to substantial equivalence by law to administer or use such device or by the agency. Current provisions of statu- in classification and reclassification of devices into upon such other conditions as the Secretary tory and regulatory law upon which the FDA categories I, II and III. This section also references may prescribe in regulation if, because of its basis its jurisdiction to regulate tobacco, section 520(l) that relates to transitional provisions potentiality for harmful effect or the collat- would continue to be viable and would ap- for devices considered as new drugs or antibiotics. eral measures necessary to its use, the Sec- pear to support the FDA’s actions regarding 16 Westmoreland memorandum, pp. 3–4; [footnote these products. The two memoranda raise omitted]. retary determines that there cannot other- 17 valuable insights by discussing and relating This hypothetical again would involve the re- wise be reasonable assurance of its safety duced nicotine cigarette that is labeled for once-a- and effectiveness. Moreover, as a restricted various sections of the law so that a more week use or occasional use. device, the label of the product shall bear clear understanding is gained. However, it is 18 Act, section 513(i). The Act defines ‘‘different ‘‘appropriate statements’’ of the restrictions reasonable to conclude that the highlighted technological characteristics’’ to mean that there is required by regulations under the noted provisions of S. 830 would not appear to oper- a significant change in the materials, design, energy paragraph as the Secretary may prescribe. ate in a manner that would reduce the agen- source or other features of the device from those of Returning to section 404(b), the current cy’s tobacco authority in a weakening man- the predicate. 19 text would not appear to obviate or reduce ner. Although some issues await judicial res- However, the agency’s current classification of cigarettes is class I pending a rulemaking and final the agency’s authority in a manner that olution, the explanatory statements that ac- articulation of what class of controls these products would ensure that the hypothetical cigarette companied the proposed and final tobacco will be under. product (for occasional use) would reach the rules issued by the agency, as well as other 20 61 Fed. Reg. 44617 (Aug. 28, 1996). market with little controls or by default. subsequent analysis indicate that the provi- 21 61 Fed. Reg. 44464 (Aug. 28, 1996). The agency could utilize the full range of its sions of the law upon which the FDA bases 22 Id.; citations omitted. authority, briefly discussed above, with re- its jurisdiction, would continue to support, Mr. JEFFORDS. This clearly sets out gard to the test for substantial equivalency, as least at this point the FDA’s regulatory that, in their opinion, it would appear S8860 CONGRESSIONAL RECORD — SENATE September 5, 1997 that, in its current form, our bill would The pace at which new technologies are bill requiring warning of all products not interfere or substantially nega- introduced in the medical community that are ignitable, corrosive, reactive, tively affect any of the FDA tobacco is staggering—and at best, difficult to or toxic, and that that this legislation authority. keep up with. will effectively be preempted—Min- In addition to that, just to be double This legislation will give the FDA nesota’s passage of that particular leg- and triple sure, we, in the bill, say it the tools they need to keep pace with islation. can’t apply to tobacco and that the technology and ensure the safety and I was just interested in the Senator’s FDA has full authority in the tobacco effectiveness of drugs, medical devices, reaction to that. That has been a judg- area. So that is why we got the 89 to 5 food, and cosmetics well into the 21st ment made in Minnesota by Minneso- vote today. Yet, I certainly commend century. tans and passed by their legislature, is the Senator from Massachusetts, and I would like to thank the Labor and now current law, and has not been others, who want to make darn sure Health and Human Services Committee grandfathered into this legislation. It that we are really doing the job we for drafting what is a well-balanced effectively would be eliminated. think we are doing. I appreciate that and meaningful FDA modernization Mr. GRAMS. I would have to defer to and I think it is healthy. The harder package in addition to reauthorizing the author of the bill and to the Sen- that Senator KENNEDY fights, the more the Prescription Drug User Fee Act. ator from Massachusetts. I am not the public will be aware of that, and I The User Fee Act has proven itself as aware of the details of that. I would hope we have as good a vote this time. an example of how an agency and an have to look that up to understand it Mr. President, with that, on behalf of industry can work together to bring fully. the majority, I will yield back the time highly regulated products to the mar- Mr. KENNEDY. I thank the Senator. that we have today, except that I will ket more quickly and more effi- I think we had earlier comments by provide the Senator from Minnesota 5 ciently—without sacrificing safety. our chairman, which we welcome, minutes at his disposal, at such time as However, the regulatory burdens im- about the fact that California has been he is appropriately available to make a posed on the medical device industry able to be grandfathered in and they statement. I would be happy to make have had a chilling effect on the indus- will have the protections. But Massa- that time available for the Senator. try and its customers—the patients. As chusetts, my State, is about to pass Mr. GRAMS. Mr. President, I rise a result of regulatory delays, device this legislation. The people of my State today in support of S. 830, the Food and manufacturers are falling behind their of Massachusetts are concerned about Drug Administration Modernization foreign competitors or moving their the public health of citizens in that and Accountability Act. production and development overseas. State, and want to provide the protec- While this legislation covers many While approval of devices in Europe tion for those people. The action here areas under the FDA’s jurisdiction, as takes only 6 to 8 months, the same de- in this legislation, as it is prepared, chairman of the Medical Device Cau- vice can be caught up in the regulatory will basically wipe out those protec- cus, I want to focus primarily on the process for years here in the United tions. provisions relating to the regulation of States. What this means is that Euro- I have been on this floor so often and medical devices. peans have access to the most up-to- have heard that we want to get away The medical device industry is an im- date technologies while patients in the from the Washington solution to these portant asset to Minnesotans. I am United States are forced to wait. problems, that what we want to do is proud to say that many of the world’s If this continues, we will not be able get away from this one-form-fits-all so- leading and most innovative medical to claim that the United States has the lution; what we want to do is let the device companies call Minnesota home. world’s best health care for very much States make judgments and decisions. In fact, there are over 500 medical de- longer. And here we are writing legislation vice manufacturers in Minnesota. Many will say we need a strong FDA. that is going to preempt States from In my State, the medical device in- I agree. I would argue, however, that taking action in the future. We grand- dustry has created more than 16,000 far too many Americans have become father in one State, California, but are manufacturing jobs. Minnesota ranks victims of the Government’s bureauc- denying any other State the oppor- fifth nationally in total employment racy because they were denied access tunity to take action. for medical devices—and since 1988, the to devices which have been available I find that very difficult to under- number of medical device manufactur- and safely used in Europe for years. stand, or to be able to accept. ing jobs has grown faster in Minnesota We can no longer allow ourselves to (Mr. JEFFORDS assumed the chair.) than in the rest of the Nation. In 1994 perpetuate out-of-date rules and regu- Mr. KENNEDY. I will give my assur- alone, 53 new medical device companies lations which ultimately harm the pa- ance that if there is a Senator on the were created in Minnesota. tient, nor can we allow those same other side coming over here on the Yet, despite all the successes, there rules and regulations to force Amer- floor and wants some time, we will be are significant hurdles the industry ican jobs, technologies, and health care delighted to make sure they have an must clear in order to succeed in the overseas. opportunity to do so. increasingly competitive global mar- The FDA Modernization and Ac- Mr. President, again, I thank my ketplace. countability Act is a solid piece of leg- friend and colleague from Vermont. We Medical device manufacturers face islation which will ensure American have worked long and hard on this incredible barriers that too often pre- patients’ access to the most advanced issue, although there are areas where vent them from marketing new prod- medical devices as well as create jobs we do have differences, and I men- ucts, creating jobs, researching and de- and strengthen the economy. tioned those here today. It is very im- veloping the latest technologies, and I urge my colleagues to support this portant. It doesn’t negate the point of most tragically, from providing U.S. important legislation. the substantial progress that has been patients the best medical technology in Mr. President, I understand that made on a wide variety of different the world. there are no other speakers on our side matters, which we all believe will Mr. President, it is easy for debates of the aisle wishing to come to the make a difference in terms of the on reforming or modernizing the FDA floor and talk about the subject today. health of the American people. to develop into an FDA bashing session So, on behalf of the manager of the Mr. President, I want to just, first of which does nothing to persuade or ac- bill, the Senator from Vermont, and all, address and respond to some of the centuate the positive results of sug- the majority, I yield my time and the comments made by my friend from In- gested changes made in the FDA re- remainder of the majority’s time. diana, Senator COATS, about the FDA, form measure, S. 830. Thank you. come to their defense because it was a I want to be very clear: The individ- Mr. KENNEDY. Mr. President, I won- rather blistering assault on the FDA. I uals charged with ensuring the safety der if the Senator would yield for a have heard those comments made by of medical devices, drugs, biologics, question on my time? the Senator on previous occasions. But food, and cosmetics are good people, As I understand, Minnesota has as we are here on the floor of the U.S. trying their best to do a difficult job. passed a hazardous product labeling Senate, I want to say a few words September 5, 1997 CONGRESSIONAL RECORD — SENATE S8861 about the FDA and where it is now. taking impressive steps to improve its survey attributes this favorable re- Perhaps those comments might have performance. The PDUFA Act of 1992 sponse in large measure to improve- been relevant some years ago. I don’t was one of the most effective regu- ments at FDA and concludes that the believe that they are relevant today. latory reforms ever enacted. The bill agency has not only reduced the delays Out of fairness not only to the men established a new partnership between to allow new products to be introduced and women that work at FDA day-in the agency and the industry. The in- but, more importantly, has also great- and day-out and toil to protect the dustry agreed to provide additional re- ly reduced executives’ and investor’s American consumer because the pro- sources and agreed to measurable per- uncertainty about the timeliness of fu- tection for the American consumer sets formance standards to speed the review ture product introductions. an example for the rest of the world, of products. This was unique instance So, Mr. President, the FDA must and for the agency itself, and for re- where, in receiving the additional fund- continue to improve many of the provi- spect for that agency, I would like to ing, they established criteria to be sions in this legislation. The idea that point out that there are few more im- measured by over a period of time and the reforms in this legislation must be portant agencies of the Federal Gov- those were strict criteria and a strict passed at whatever cost, because the ernment than the Food and Drug Ad- challenge. Every goal set by the legis- agency is doing a bad job, is simply in- ministration. The FDA is responsible lation has not only been met, but it has correct. for assuring that the Nation’s food sup- been exceeded. Now, Mr. President, I want to just re- ply is pure and healthy. The FDA pro- Today, the FDA is unequaled in the turn to what I consider the most trou- vides a guarantee that the drugs and world in its record of getting new drugs blesome part of our legislation. We devices we rely on to cure and treat quickly to market without sacrificing have had very important discussions diseases are safe and effective. It does patient protection. In fact, last year, and representations by our colleagues its job. the average review times in the United and friends, the Senator from Rhode Is- The FDA can speed miracle drugs States were twice as fast as in Europe. land, Senator REED and Senator DUR- from the laboratory bench to the pa- Fifty new drugs were approved in both BIN, on particulars of the legislation, tients’ bedside. If the agency does its the European Union and in the United which I think need further attention. job poorly, it can expose millions of States. In 80 percent of the cases, the In my remaining time here, I would Americans to unsafe devices and medi- United States approved the new drugs like to talk again about the whole cal products and jeopardize our food. I either first or at the same time as the issue of protection of the health and think even the most zealous supporters European Union. More companies chose safety of the American consumer as it of the FDA recognize that there have the United States for the introduction relates to cosmetic products. That is been troubles in the past. But we would of breakthrough drugs than any other the most egregious and, I believe, un- also recognize there has been the country. justified provision in the bill, which would effectively cripple consumer pro- sincerest effort to address those defi- In addition, to speeding the review tections by preempting State regula- ciencies in the past. To listen to some times, the FDA has taken far-reaching tions on cosmetics. of the speeches we have heard on the steps to reduce unnecessary regulatory I note for the RECORD that these pro- burdens on industry and modernize its floor today, you would think that the visions, as I mentioned, were not in the regulatory process. More needs to be FDA was a regulatory dinosaur, mired chairman’s mark, they were not the done, but these steps have added up to in the past, cumbersome and bureau- subject of significant hearings, and a quiet revolution in the way the FDA cratic, imposing unnecessary and cost- they have no place in the bill, whose fulfills its critical mission. When ly regulatory burdens on industry and primary purpose is to reauthorize the PDUFA was originally passed, the de- denying patients speedy access to life- Prescription Drug User Fee Act. That vice industry refused to agree to user saving drugs. That is a myth. Those is the principal purpose of the bill, the who want to destroy the FDA in the fees that would give the FDA the addi- reauthorization of that program and to service of an extreme ideological agen- tional resources and performance try and accept these adjustments, in- da, or in the interest of higher profits standards that have contributed to so corporate into the law some of the at expense of patients’ health, would much to the agency’s outstanding measures which have been so successful love you to believe that. But it isn’t record on drugs and biologics. administratively by the FDA. And also I remember the negotiations. They true. to incorporate the great majority of were unsatisfactory, regrettably. But The FDA’s regulatory record is the the measures which have been included even in the device area, the FDA’s re- envy of the world. It sets the gold in the bill that relate to pharma- standards for the protection of patient cent achievements have been impres- ceutical products and device products. health and safety. The agency’s recent sive. The so-called 510(k) applications, If the Congress were earnest about performance under the leadership of devices approved based on their sub- addressing over-the-counter drug and former Commissioner David Kessler stantial equivalence to a device al- cosmetic regulation, it would have un- and the Clinton administration rep- ready on the market, accounts for 98 dertaken a serious and detailed inquiry resents a model of how to transform percent of all the device admissions. into the regulatory structure and au- the regulatory process so that it is FDA has now essentially eliminated its thorities which assure that consumers more flexible, responsive, and speedy, backlog. Last year, it reviewed 94 per- are adequately protected before even while maintaining the highest stand- cent of these devices within the statu- remotely contemplating the possibility ards of patient protection. Indeed, a tory timeframe, compared to only 40 of preempting active and essential large number of the positive elements percent just 4 years ago. State protections. of this legislation simply codify or ex- Even in the area of class 3 devices, The preemption of cosmetic regula- tend actions the agency has under- where the most problems remain, the tion is especially outrageous and shows taken administratively. FDA has improved its performance sub- a callous disregard for the health of The landmark PDUFA reauthoriza- stantially. According to a study by the American men, women and children. tion contained in this bill was essen- General Accounting Office, median re- Cosmetics are broadly used by Ameri- tially negotiated by the agency and the view times dropped 60 percent between cans, far more broadly than prescrip- industry, working collaboratively with 1991 and 1996. In a recent survey of de- tion drugs and medical devices and bio- the bipartisan efforts here in the Sen- vice industry executives reported that logical products. ate and in the House of Representa- the business climate for the industry is Mr. President, I want to mention why tives. I welcome the chance to work in the best shape in the 5-year history we find ourselves where we find our- closely with Senator HATCH in the pas- of the survey. I introduced that in the selves today and why this issue is of sage of this legislation to improve the RECORD in our markup. The industry such importance. I have here the testi- review process. publications are virtually uniform in mony of Commissioner Young from In recent years, in partnership with terms of the progress that has been some years ago, 1988. It points out that Congress and the administration, FDA made and the atmosphere that has Congress, in 1938, recognized the public has responded to growing criticisms of been created and the current very posi- health problems associated with cos- delay in approving new products by tive atmosphere. The sponsor of the metics and addressed them in the laws S8862 CONGRESSIONAL RECORD — SENATE September 5, 1997 they enacted based on the science They require special studies designed after her skin healed, patch testing available to them. But science and the to measure this risk, while many ingre- showed lanolin in her creams—lanolin cosmetics industry have changed. In dients are studied for only short-term in her creams—was causing her condi- 1938, at most, only a few hundred ingre- effects when they are added to prod- tion. dients were used to formulate cosmet- ucts. Risk of cancer or reproductive ef- That is from a subcommittee hearing ics, and the industry was small in num- fects are not available for the vast ma- on health. bers of manufacturers that marketed jority of cosmetic ingredients. The use of chemical skin peeling products. Today, tens of thousands of Mr. President, we have been talking products caused severe injuries, includ- cosmetics are in distribution, and the here this morning and this noontime ing reports of skin burns from using a number of ingredients used has risen to about the authority and responsibility product called Peel Away. FDA sources an estimated 4,000 for producing a mul- of different agencies. We have been said such products can penetrate the titude of base formulation in equal talking about the power of the States. skin too deeply causing severe skin number for compounding fragrances. We have been talking about rules and damages. In several cases persons have Regulatory sciences have also pro- regulations. But, when we are talking been hospitalized with severe burns, gressed. When the law regulating cos- about health and safety, we are talking swelling, and pain. In one case, a Cali- metics was enacted in 1938 the science about real people. fornia woman suffered seizures, shock, was based on a less sophisticated con- Let me give you the kinds of exam- and second-degree burns after a com- cept for evaluating the safety of chemi- ples that we are dealing with. bination of skin peel chemicals was ap- cals used on the skin. If you saw a re- A woman from Santa Rosa—this is plied to her legs by a beautician. Skin action, you treated it; then avoid it. 1995, April 22—complained about an peeling procedures used to be carried Today, science can take into account acrylic product which is for nails. She on by plastic surgeons. the effects produced under chronic had the product applied to her nails. However, they are now being done by long-term exposure to trace contami- The product burned, and the cosmeti- nonmedical professionals, by beau- nants in addition to acute toxic effects, cian tried to remove it. Since the inci- ticians and some using newly marketed such as immediate skin irritations, dent, six of her nails have fallen out. preparations. Many have inadequate That was according to the California contact allergic reaction, systematic instructions. None has been approved reaction resulting from inhalation and Department of Health Services, in by the FDA as being safe and effective. April 22, 1995. ingestion. In 1938, the skin was consid- Again, an FDA consumer report. ered to be an impenetrable barrier to Here is another one. On her 29th birthday, a woman from A letter from the CDC cited nine cosmetics or other substances. cases of eye infections due to micro- As the number of ingredients and New Jersey was supposed to retire from the career she loved. She was a hair- organisms contained in mascara. One products has multiplied through sci- was a 47-year-old woman who developed entific and technological innovation, dresser for 11 years until a series of ail- ments, including difficulty breathing, a corneal abscess within days of our ability to measure minute amounts scratching her eye with a mascara of residual contaminants and unwanted burns in her sinuses and severe head- aches prompted her to quit in August wand. The woman eventually needed a substances also has taken a quantum corneal transplant. leap. At the same time science has de- 1985. Her doctors had concluded that As I understand it, it is because of veloped more precise ways to assess the beauty products she used on the job the failure to be able to indicate that risk, taking into account relevant fac- led to her medical problems. She had mascara needs an expiration date. tors such as use and exposure over a no idea what was actually in the prod- So, Mr. President, this list goes on. I lifetime. ucts which she used in her beautician (Mr. GRAMS assumed the chair.) job. Lack of labeling is neither unusual want to show what the States have Mr. KENNEDY. Mr. President, I was nor illegal, although cosmetic manu- been doing with regard to the protec- pointing out how the change in the facturers are required to list ingredi- tion for the American consumer. The complexity of the different products ents containing products sold to con- issue now that is before the Senate on had taken place from 1938 and the num- sumers. They need not do so for prod- the FDA reform deals with the medical ber of products that were out there; the ucts sold for use only by professionals. devices and pharmaceuticals and the number of potentially dangerous prod- Another case is Carolyn, a secretary extension of what we call the PDUFA, ucts that were out there and the from Rockville, MD. She arrived at a which will help to expedite the consid- progress that had been made from the wedding shower and realized the per- eration of those measures. time when there were only a few hun- manent she had received at a beauty By and large, there is strong biparti- dred of them; back to 1938. salon the day before resulted in a red san agreement to those provisions. Listen to what we have now at the swollen, face. Carolyn’s is a case of cos- There are several that have been iden- present time. This is according to the metic contact dermatitis, also known tified today that need further atten- Food and Drug Administration and the as acute allergic inflammation of the tion, but men and women of good will studies that have been done. The num- skin caused by contact with various can work that out and work it out with ber of cosmetic ingredients in the in- substances found in cosmetics, includ- the administration so that we can have dustry’s own inventory is over 7,500. ing materials used by the hair stylist. a successful conclusion. But what was The industry has been adding new in- This is a case that was reported to the not considered in the original bill is gredients at a rate of 1,000 per year for FDA. the provisions that apply to preempt- the last few years. Virtually none of A 33-year-old housewife consulted her ing the States from giving protections these ingredients have been properly dermatologist because of inflammation to their consumers on the use of cos- tested for safety. The industry’s safety of her hands, face, and neck. She had metics. What we have recognized in review process has reviewed only 450 of experienced two similar episodes ear- this debate is that the Food and Drug the most commonly used cosmetic in- lier in the year. After the skin properly Administration does not today have gredients. That is about 20 a year. At healed, the physician determined the authority, power, or personnel to this rate, even using the industry’s own through appropriate testing, that protect the American consumer on the process, it will be many years before Swedish formula lotion had caused the issue of these cosmetics. new ingredients are considered for safe- adverse reaction. What we know overwhelmingly today ty. A telephone company supervisor was is that the number of dangerous and So the sheer number of cosmetic in- hospitalized after a 2-year history of toxic products and the number of car- gredients in products makes safety as- chronic irritation of her eyelids. She cinogens has expanded exponentially surance difficult. And most adverse re- received a variety of topical medica- and is continuing to expand. All you actions for cosmetics are immediate tions without relief. Her contact his- have to do is look at the past record, of burns or irritation—long-term effects tory revealed a long list of cosmetic the numbers that have been intro- which do not show up for many years, eye drops, and multiple spray per- duced, and it is continuing and con- such as cancer or reproductive effects fumes. All the cosmetics were removed tinuing to grow and those products are are even more difficult to determine. from her hospital environment, and not being tested adequately today. September 5, 1997 CONGRESSIONAL RECORD — SENATE S8863 So who has been protecting the are talking about is what we are saying cause we haven’t got any power over it, American consumer? Who has been pro- to the States. The cosmetic industry is so they have targeted it in the States. tecting the American public? The saying to the States you are not going Yet you find the courage of State pub- States have been doing it, and pri- to stick your nose in and protect the lic health officials who have been will- marily California has been doing it, consumers there. What have they done ing to force the removal of reproduc- under the legislation which they have in the past? Why are the other Gov- tive toxins from lipstick and nail pol- passed. How important that has been. ernors worked up about it? Because of ish. They didn’t take the products off It has not ended up with actions that what these two charts demonstrate, the markets. The manufacturers took have been taken by the State of Cali- Mr. President. them off the market and they ad- fornia as the result of very extensive Here we have the issue of lead which dressed those issues. studies that products have been re- is known to cause birth defects and has States forced the removal of harmful moved. What has happened is that the also been found in hair dye. That is the lead from hair dyes and antacids and producers and the manufacturers have result of State action, of State analy- calcium supplements. The States withdrawn the product, addressed the sis, of various hair dyes that are out forced the removal of mercury from problem, put it back on the market, there that contain lead product. Ini- suppositories. These are just examples. and by and large, if you look at the ad- tially, when there was the analysis, How do we know how many other vertising, they would say the product they said, well, this really isn’t dan- dangers there are out there when we is better today than it was yesterday. gerous because it is just on the scalp. have an explosion of dangerous prod- That has been the record. That has Then they did additional kinds of stud- ucts that have been agreed to by Re- been the record. And that is why this is ies and found that the lead got into the publican and Democratic leaders of the so important. Just review with me, Mr. individuals, obviously, who were using FDA over the period of years—increas- President, the extent of this preemp- it. That lead was passed on to pets, ing exponentially with the dangers of tion—as I mentioned before, the extent children playing with pets, children in- toxins and carcinogens. The problem of this preemption of the cosmetic in- gesting it and when people are washing isn’t getting less. The problem and the dustry in the States. This is the lan- their hair day after day after day it danger is getting more as every guage that there will be the preemp- causes a birth defect. Lead is one of the consumer understands the range of ad- tion for—‘‘labeling of cosmetics shall principal causes of mental retardation ditional kinds of products that are out be deemed to include any requirement among children, period. We find, as a there and available to them. Nonethe- relating to public information or any result of State activity, they have less, we are asked on the floor of the other form of public communication found it and it has been changed in Senate to say no to the States. We are relating to the safety or effectiveness many, many of the products—not all of not doing it at the Federal level. of a drug or cosmetic.’’ them, because the cosmetic industry As I mentioned before, if you said, There it is in the legislation. They was able to get an exclusion from some well, we are going to have a whole re- are effectively saying no to the States participation. view, regulatory review, we are going in providing public information or any Mercury, which can cause mental re- back to say, OK, we will preempt the public communication relating to safe- tardation, has been found in lipstick States but we will find out what we are ty. If the States are trying to protect and nail polish—lipstick and nail pol- going to do with regard to providing their people and they develop public in- ish, mercury. With all the implications protection—we have had, as I men- formation on the basis of scientific that has in terms of women’s health tioned earlier, the GAO studies that studies, they are prohibited under this and in terms of safe pregnancies, it is have been done 10 years ago which legislation. I don’t know what the pen- found in lipstick and nail polish. That made a series of recommendations to alties are. I don’t know what the civil was another study that was done in the Congress about steps we ought to penalties are, but they must be in California. take if we are going to protect the pub- there. They are prohibited from provid- Alpha hydroxy, a known carcinogen, lic—then maybe, maybe then it makes ing public information or any form of has been found in face creams. That some sense. But we have not done that. public communication relating to safe- was not done by the Food and Drug Ad- We have not done that. The FDA has ty or effectiveness. ministration. That is a result of State been starved in resources to even fulfill That is what the cosmetic industry is activities. There is not a physician in its requirement for protection in terms doing in this legislation. That is the this country who does not know the of the American consumers in medical disdain that the cosmetic industry has dangers of lead and mercury and the devices and with regard to pharma- for those in the States who are trying alpha hydroxy to the American ceuticals. to protect the public. That is the arro- consumer, primarily women. There So we have a situation where we have gance that this industry has for legis- isn’t a doctor who will not tell you limited, limited, limited authority lators or Governors or attorneys gen- that. Yet this legislation is saying, no under the FDA to protect the public for eral or medical professionals who are more. This legislation is saying, no a range of these cosmetics. We find a interested in the public. more. ‘‘Any requirement relating to record today where you are getting the This is what this says. You cannot do public information or any other form explosion of these dangerous products, it. You cannot provide public informa- of public communication relating to of toxins and carcinogens. Carcinogens tion even with regard to safety. That is safety or effectiveness of the drug or cause cancer—cause cancer. We are arrogance. That is greed. That is the cosmetic’’—preempted. So we are say- seeing those numbers expand. We are greed of a $20 billion industry. ing, if you find this out, we are pre- finding completely inadequate policing What do the States say? Well, why empting you. You are not going to by the cosmetics industry. We find the are you so worked up, Senator? It isn’t have to tell the public. only breath of air that is out there to just myself. Again, we have shown we As a result of State regulation pro- protect the public is the States. Cali- have the letters from the Governors, tecting consumers, we have seen that fornia is leading the way. Thank God, the State legislators. This is not just States forced the removal of reproduc- at least California has been grand- one Senator’s position. This happens to tive toxins from lipstick and nail pol- fathered in. be the position of the Governors and ish. That is a result of State action. What we are saying is California is the State legislators. You have to admire the resourceful- grandfathered in, but my State of Mas- Yes, I listened to the comments of ness, the innovativeness, the persist- sachusetts, which is just about to pass my friend and colleague, Senator JEF- ence of the leaders in States that have a similar law, is out. We cannot protect FORDS, about the general statements of had the courage and the determination people. Washington knows best. Wash- two of the Governors with regard to and have been willing to take on the ington is saying to Massachusetts, no the health provisions on pharma- cosmetic industry, the cosmetic indus- matter how you want to protect your ceuticals and devices, that is, an admi- try that by its own agreement spends consumers up there, you can’t do it be- rable job has been done. I think we still 70 percent of its lobbying dollars in the cause we are preempting you. have areas to deal with. But I would States rather than on the Federal Gov- Come on, Mr. President. This is a certainly sign on to that. But what we ernment. You can understand that, be- health issue. This is a safety issue. S8864 CONGRESSIONAL RECORD — SENATE September 5, 1997

This involves primarily women, it in- whole list in the RECORD on Monday. why? Why should we do it? We patch volves children, and to some degree These just give an example of some of together something that will take care men in our society. But it involves the leading companies. of California because they passed their health and safety. Some may say, these are not really law a couple of years ago. But we say We have thousands and thousands of accurate. We would know whether they to the other 49 States, ‘‘You can’t, you complaints about various products. I are accurate if we were able to give the are never going to be able to do it indicated earlier today—maybe I assurances that we had those in the again, never be able to do it again, didn’t—about the number of people— States who were looking into this and ever.’’ They have been able to protect there were 47,000 cosmetic-related inju- be able to say, ‘‘Look, this isn’t a prob- their consumers. Hopefully, they will ries in the emergency rooms in Amer- lem.’’ But now we are not going to be protecting the people of Massachu- ican hospitals in 1987—47,000. I wonder know because all the States are pre- setts, because that is the only way we how many today, with greater utiliza- empted. Now we are going to find these are going to be protected, not at the tion of cosmetics, greater danger, more reports are going to come in more and Federal level, but through their own toxins, more carcinogens. These are more. We will have to just presume leaders, legislature, and representa- just the emergencies. These are not the that they are accurate, because the tives. No, we are just saying absolutely kinds of situations that maybe—they cosmetic industry will not let us find not. may be—have long festering, long last- out whether they are or are not accu- So, Mr. President, the cosmetic in- ing kinds of implications and have rate. They will not permit the publica- dustry wants the public to believe that been festering for a long period of time. tion of information that is going to re- no effective regulation is necessary or That is what is happening out there— flect poorly on either safety or effec- desirable. They are masters of the slick 47,000 cosmetic-related injuries in the tiveness. ad and expensive public relations cam- emergency rooms. How many others Mr. President, these are just some of paign, but all the glamour in the world where people go back to their doctor the items that I think form the com- cannot obscure the facts. and do not go through the emergency pelling case for State action. I think Mr. President, I just showed what the room? How many others? we will on Monday go through some of results of some of these actions are in We have scores, scores and scores of the particular cases in more detail on terms of affecting people. I mentioned complaints that have come to the FDA, the California situation, because I the peelaway product. This is a before and they go down the list. Thousands think that they have really had the and after appearance and complaint of of consumer complaints in 1996 alone: soundest record. It isn’t easy to get the peelaway product. You can take a Equate Baby Oil—these are complaints this kind of information, but we will go look and see what happens to people. to the FDA—their complaints are eye through it. These that I just mentioned These are various ingredients which tissue damage. Disney Kid Care Bubble are some of the thousands of consumer have been put on an individual’s feet. Bath: urogenital track reactions. Nat complaints to Government agencies. Look at the reactions to it. We are say- Robins Eye Shadow Pencils: eye rash, This is only for a few months of the ing, no, we are not going to permit the burns and irritation. Flame Glow No year, and I have read just a very few of States to try and do something about Mistake Eyeliner Pen, black magic them. I will perhaps get into even more that kind of activity. And we could color: Rash, burns, and irritation. In- of them later on. have had a whole series of charts up credible Lex Mascara, Eye Perfector, Mr. President, I mentioned earlier a here. Dramatic Timing Faceneck, Covergirl study by the General Accounting Office I mentioned just a few moments ago Professional Advanced Mascara: rash which reported that more than 125 in- what was happening in terms of burns and burns. gredients used today are suspected of and irritations that are occurring with These are the companies. You have causing cancer. We have scores of cos- skin products and what is happening to the Disney Co., the Reckitt & Colman metic ingredients that can damage the eye tissue and what is happening with Co., Softsoap Enterprises, Great Amer- nervous system, including headaches, rash and burns and hair tissue and hair ican Cosmetic. They produce Nat Rob- drowsiness, convulsions. loss and mouth infections and bleed- ins eye shadow pencils. To all of those watching this pro- ing—the list goes on and on. You have Del Laboratories, Estee gram I would say, ‘‘don’t discount the We could have had charts all around Lauder eye shadow; Avon products; fact that perhaps some of your ail- this room. Generally speaking, when Procter & Gamble, rash and burns. ments—headaches, drowsiness, and you have this kind of circumstance, we You have Helene Curtis, Salon Selec- convulsions—may actually be resulting would be in here debating what to do tive Styling, flammable, resulting in from the use of cosmetics.’’ Don’t dis- about it. Instead of thinking about thermal burns. count that, because the record shows what we are going to do about it, we You have American Pride, hair re- that cosmetics manufacturers are in- are talking about what we are not laxer, Alberto Culver lotions, hair tis- cluding ingredients that can cause going to do about it. sue damage and hair loss. those symptoms. You don’t know, your Mr. President, here we have seen You have Clairol, Clairol Infusion 23 State won’t know, the Federal Govern- what the States have done, what the Shampoo, hair loss and hair tissue ment won’t know, we won’t be able to problems have been, what the dangers damage; tell you because of the power of the are to the American consumer in terms Del Laboratories; of mercury, lead, and other substances You have Products Naturistics cosmetic industry in foreclosing that in products that everyone knows are Mango Shampoo, hair loss and damage; kind of study and the publication of in- Helene Curtis, Suave Balsam and formation about the real health impli- dangerous and are health hazards. Here Protein Shampoo, hair loss, hair dam- cations. we have a problem, and it is getting age. The GAO found that additional Fed- bigger. The products that are being Vigoral—we find hair loss and tissue eral authority is necessary to protect produced for the market are more dan- damage. the public. That is the General Ac- gerous. Yet, we are doing less and less Alberto Culver Co., VO5, hot oil con- counting Office. It is not this Senator and tying the hands of the local com- centrated treatment, hair loss and tis- from Massachusetts, not a Democrat, munities to act in our stead. sue damage; it is not a Republican. Here is the Gen- We allow States to decide whether Hydrox Laboratories, Fresh Moment eral Accounting Office reaching the your bottles are going to be recycled or Mouthwash, mouth infections—mouth conclusion, after reviewing this whole whether they are going to be buried. infections; subject matter, that if you want to We permit the States to decide what Carter Wallace, Arrid deodorant, protect the public, you need greater they are going to do about licensing bleeding and infection with utilization; Federal authority—we are not getting barbers. States decide and have rules Apollo Health Care, Baby Bear Lo- that today. The only authority that we and regulations and laws about pets. tion, pain, including itching, stinging, have out there is at the State level, We have States that have rules and burning, and soreness. and this bill is taking that away. regulations about how close to the Mr. President, these are just some of How much do we have to yield to the crosswalk you can park your car. We the items. I may very well include the greed of this industry? How much? And have regulations in the States about September 5, 1997 CONGRESSIONAL RECORD — SENATE S8865 what store hours are going to be, how Mr. KENNEDY. It just defies any I would say that 9 out of 10 Ameri- late a store can be open. But this bill logic. So, as we all know—we have been cans who walk into any pharmacy this would prohibit the States from protect- around here—hopefully even the newer afternoon and see a product on the ing consumers from lipsticks, hair Members understand this one, where shelf are saying, ‘‘Well, this is just sort creams and the soaps, hair dyes, mas- you get something that is going of like my medicine or just about like cara, and deodorants that can give you through and can’t make it on its own, the other products that I’m buying cancer or can catch you on fire as a re- and is added at the last or next-to-last here. Somebody’s looked at it, the sult of flammable ingredients, or cause markup with just a fraction of the dis- Food and Drug Administration or serious birth defects. cussion as we have had to date out here somebody’s looked at it, and it is safe Now, does that make any sense at today during this consideration, and it or it wouldn’t be out there.’’ That is all? Does that make any sense at all? is locked in. baloney. It is true for prescription When you have the most serious dan- That cosmetic industry is just smil- drugs. And by and large it is true about gers in terms of health and safety, we ing. They are smiling now with the over-the-counter drugs. True about are denying States the opportunity to votes that they had down there saying, medical devices, by and large. You can do something about it, but we will let ‘‘Well, it seems we’ve got through this flyspeck and find instances, but that is them go ahead and look after these hurdle.’’ I am just telling you, this is a true about those. We have the safest other kinds of issues which are not re- long, long process. And they better get regulatory systems in the world. But it lated in any particular way to health used to the fact there is going to be a is not true for those products that are and safety. long process, because this issue is not on those shelves that so many millions It just doesn’t make any sense. It going to go away. It is not going to go of people are using and have resulted makes no sense at all. The proponents away today, and it is not going to go in, in 1 year, 46,000 people going to the of this provision know they couldn’t away when we talk about this some emergency room. pass this legislation if it wasn’t tagged more on Tuesday and get more infor- People do not go to the emergency on to the Food and Drug Administra- mation. It is not going to go away on room unless it is serious. I do not know tion bill. They wouldn’t dare bring this Tuesday and not going to go away in whether it is $300, $800 to go to an legislation out here on its own. The terms of the consideration of the legis- emergency room to get any kind of at- reason they tagged it on this bill is be- lation. It is not going to go away for a tention. People might go back to their cause they knew the importance of long, long time. doctors with good health insurance, go food and drug reform. They knew that Amazing about how a measure like back to their dermatologists to ask we had to pass the extension of this can slow something down over a them to do it, but how many people are PDUFA, which is a key program to long time so that the American people going to the emergency room? Some- provide sufficient resources to the can begin to understand what is really one with a little burn is not going to Food and Drug Administration to get at risk. I do not believe that they do. I that emergency room. Particularly if the qualified people who can help expe- wonder how many Members of this you are working families and have chil- dite the more rapid consideration of body have read through the legislation dren and you do not have health insur- new products, new pharmaceuticals in and understood exactly what was in- ance, you are not going to be going the Food and Drug Administration and cluded in terms of the cosmetic pro- down. How many other people did not has been very creatively utilized over gram. go and still were adversely affected? there. So with this particular proposal in But we say, ‘‘Oh, no, no, no, we’re not So what do they do? They tag this on there, we are going to have to ensure going to do anything about that.’’ to that train. This legislation would be that we are going to have the kind of Whatever was being done out there by laughed out of this body if it came up full awareness and understanding, not the States—that is out now. You can- here on its own. Why don’t they try to only by our colleagues here but the not go forward with it. bring it up on its own? We have Mem- American people as well, as to what So, Mr. President, the cosmetics in- bers in the Senate say, ‘‘We don’t un- the health implications are. dustry wants the public to believe derstand, there are just one or two This has important and significant there is no effective regulation that is Senators troubled by this.’’ All the health implications. We deal with a va- necessary or desirable. They are mas- Governors seem to be troubled by it, riety of different proposals in terms of ters of the slick ad and expensive pub- and you can’t blame them. They have education—the HOPE scholarship, the lic relations campaign. But all the the fundamental responsibility for pro- tuition credit, the work-study pro- glamorous pictures in the world cannot tecting health and safety. That has grams—and we debate those and dis- obscure the facts. This is an industry been fundamentally a responsibility at cuss those and allocate resources to that is underregulated and its products the State and local level. It is a fun- those, trying to decide how much we are too often hazardous. damental responsibility that is as old are going to provide in terms of the The severe reactions may be only the as this country. So the Governors don’t Head Start Program. Will it be 59,000 tip of the iceberg. Long-term illnesses, buy into this. new children this year or 100,000? At ranging from cancer to birth defects, The administration understands that the end of the day we may understand may not be linked to their underlying this thing is a phony grab, a greedy that our side does not win, others pre- cosmetic-related causes. As the GAO grab for profit, because that is what it vail on it, but we know that we have points out, ‘‘Available estimates of cos- is. It will mean that the various cos- made the battle and made the fight, metic-related injuries do not accu- metic industries are not going to have and the people that are going to be dis- rately reflect the extent to which con- to be altering or changing their prod- advantaged may be those children who sumers are exposed to toxic cosmetic ucts because you are not going to have are not going to get that benefit in products and ingredients. Because the research being done or the author- terms of education. And that is a trag- symptoms of chronic toxic effects may ity in the States to bring changes that edy in terms of a mind developed. not occur until months or years after would make products safer. It is going But here we are talking about some- exposure, injury estimates generally to mean more profits. On the one hand, thing else that is even much more im- account for only acute toxic effects.’’ more profits for the cosmetic industry portant. You are talking about the The GAO is saying that with those and much greater health threats in vital health of the American people 46,000 people that are going to the terms of safety, in terms of potential and the safety of the American people. emergency room, that is only the tip of birth defects for infants, for various You are talking about the dangers to the iceberg. And Lord only knows, if kinds of ingested products with a whole children and infants and about the you did not have State action in taking range of sensitivity to the body—eyes, birth of healthy children. You are talk- away the lead and the mercury and the mouth, ears, hair—and the problems of ing about the dangers to children’s other kinds of poisonous products that lips and the ingestion of various prod- eyes, and you are talking about the are cancer forming there would be even ucts that are dangerous. dangers to people who are trusting just a much more dramatic number for it. (Mr. COVERDELL assumed the what they see on the shelves of Amer- Here we have the GAO effectively chair.) ican pharmacies across the country. saying that because the symptoms of S8866 CONGRESSIONAL RECORD — SENATE September 5, 1997 chronic toxic effects may not occur is drafted specifically to undermine Federal presence in the area of cos- until months after exposure, injury es- Federal judges that have narrowly in- metic regulation, it is unconscionable timates generally account for only terpreted the Federal preemption. to make the States jump through acute toxic effects. We see that in 1987 For instance, if FDA sets a standard hoops in order to continue to protect we had 46,000 of what we know now was for lead in hair products, this bill and warn their citizens. the exponential increase in the danger would direct a conclusion that the lead They finally say, ‘‘Well, OK, you can of all these products. We can imagine level sets the standard for other, unre- make some progress and deal with this, the dangers that exist out there today. lated products that might have dif- but you’re going to have to jump In light of this limited authority and ferent routes of exposure. So we know through all these hoops.’’ How many even more limited resources to protect what the industry was doing. You can times have we been hearing on the the public, you would think Congress talk about these issues in generalities, floor about rules and regulations and would want to encourage States to fill but you have to look at the specific the bureaucracy of Federal regulatory the regulatory vacuum. You would language here. agencies, and here we have those that think we would be out here asking, Mr. President, I have no doubt the in- support this proposal on cosmetics set- what can we do to help, if anything, dustry will argue that any little action ting up hoops for any of the States to the States that are trying to address on FDA’s part will preempt State ac- jump through—hoops and landmines— protections for their consumers? What tion. Yet we have no assurance the hoops for the States to jump through can we do with the Centers for Disease FDA is actually up to the task of fill- in order to continue to protect and Control to help Massachusetts, to help ing the void left by the States. Again, warn their citizens? I assure my colleagues that this is Georgia, help North or South Carolina? we have had no hearings, no public only the first instance of where you What are the resources that are out record, no expert testimony. In fact, will witness efforts at sweeping pre- there to assist your State legislatures, the industry cannot cite one example emption in the absence of significant of a burdensome State regulation that Republican and Democrat, to provide Federal activity. We will be faced with this law preempts. I hope that if that is protection from some of these toxic or a barrage of bills seeking to preempt not the case, that this record will be carcinogen problems? State authority in the area of public But, oh, no, we are not out there ask- clarified. The industry cannot cite— health regulation. It is certainly ironic ing that this afternoon. We are out you have not heard in this debate here that this Congress is so determined to there putting more roadblocks in front this afternoon the industry citing one undermine States rights. of the States in their attempt to do so. example of a burdensome State regula- Mr. President, let me emphasize In fact, the language is so extreme the tion. Instead, they suggest that the again how this provision hinders States States have been barred, as I men- benefit of this law is prospective. They from protecting their citizens at the tioned, from establishing ‘‘any require- claim they are concerned about what end of the day. The labeling and pack- ment relating to public information or the States might do in the future. This aging of a cosmetic is preempted com- any other form of public communica- is legislation for a problem that does pletely under this language. States will tion relating to the safety and effec- not exist. But they see that this was be unable to communicate safety con- tiveness of a drug or cosmetic.’’ the chance to get on this particular cerns in the most effective and sensible So, Mr. President, the last time the train, and they are riding it. manner—through labeling and packag- Senate looked at the issue of cosmetic The stark reality is that, according ing. Even if the States retain some ves- regulation was in the late 1970’s. We to the cosmetic industry itself, the in- tige of authority over cosmetic safety, held extensive hearings, and we de- dustry spends 70 percent of its lobbying this bill ties their hands and prevents bated the issue, and we passed a com- dollars influencing State legislatures. I them from giving the public the infor- prehensive bill that included additional suppose we should really call this the mation it needs to make informed authorities for the FDA. Today, we are FDA Lobbying Relief Act. I find scarce choices. ‘‘Right to know’’ under this considering a bill that resulted from no comfort in the fact that this bill will provision means ‘‘right to no informa- hearings, where there has been little relieve cosmetic lobbyists from having tion.’’ debate, no expert testimony in a prod- to lobby 50 States, who can now focus What about the FDA? Today, the uct area that touches the American on Congress. Even worse, if this provi- FDA has fewer than two people work- public every day. sion is enacted, the cosmetic lobbyists ing on labeling and packaging. In fact, It should be made clear to anyone will spend their time getting FDA to most of the 30 people working in the that cosmetics are as deserving of ade- act in some small way on a safety issue FDA Office of Cosmetics work on the quate regulation as they were 20 years simply to create a broad scope of Fed- regulation of color additives and not ago. It defies logic that our single ac- eral preemption of the State in that actually on cosmetics. The reason for tion in this important consumer prod- area. this underwhelming presence is simple: uct area is to preempt the States from This is irresponsible deregulation, FDA has put limited resources in the acting where there is wide agreement putting the proverbial cart before the cosmetic program because they simply that FDA has neither the authority nor horse. Let me emphasize that if we do not have adequate legal authority the resources to adequately fill the want to truly reform the FDA’s regula- to address cosmetic safety. If you can’t field. An attorney, now with Procter & tion of cosmetics, we should start with enforce the law because there is no en- Gamble, wrote in a 1996 Food and Drug ensuring they are protecting the Amer- forcement authority and because the Law Journal article that although cos- ican public from unsafe cosmetic prod- standards are basically nonexistent, metics are regulated by the Food and ucts. Once the American people can be you are not going to squander valuable Drug Administration, ‘‘the agency’s confident that FDA has the authority personnel where there are drugs and regulation is extremely lenient.’’ If le- and the resources to protect them, that medical devices to approve, and foods nient regulation led to the chamber of FDA is up to the task, then we can talk to keep safe. horrors documented in the Senate about State preemption. That is the For example, if the FDA suspects a hearings 20 years ago, it is difficult to way we have always approached State cosmetic safety problem exists, as they imagine the impact of preempting the preemption in the past, and that is the do with the use of alpha-hydroxy, acid States from acting. only way to approach it now. face creams, the agency faces high hur- The proponents of the bill will tell The proponents of this provision dles in bringing any kind of regulatory you their language preempts State claim that by permitting States to pe- action. The FDA bears the burden of safety regulations only—remember we tition for exemptions, there is ade- demonstrating by its own testing that heard that during the course of the quate protection for States rights. In the product is injurious to health. The day—that their language preempts reality, the high procedural hurdles in FDA cannot make the company dem- safety regulations only where the Fed- this provision, especially the extreme, onstrate they are selling a safe prod- eral Government has acted. But the ac- burdensome requirements of formal uct. That is important, Mr. President. tual statutory language is very broad rulemaking, ensures a lengthy process The FDA cannot come in and say to and demonstrates a different intent. where industry will entangle States in the company, ‘‘Show us the informa- The industry admits that the language years of hearings. Given the lack of tion for the product you are testing to September 5, 1997 CONGRESSIONAL RECORD — SENATE S8867 demonstrate this is a safe product.’’ tion of California Health and Safety ing from ceramic dishes, the Food and Drug No, they do not have that power or au- Laws. Administration (‘‘FDA’’) adopted stricter thority. The FDA cannot require the Hon. JAMES M. JEFFORDS, lead standards for dishware. In 1991, the state Chairman, Senate Labor and Human Resources brought an action concerning lead-foil wine companies to come in, and the FDA, by bottle caps, resulting in industry-wide agree- its own testing has to demonstrate Committee, Hart Office Building, Washing- ton, DC. ment to convert to tin or plastic caps. A that the product is injurious to health. year later, the FDA adopted a standard bar- Today, the FDA knows how many DEAR SENATOR JEFFORDS: It has come to our attention that S. 830, the FDA Mod- ring lead-foil caps. Most recently, this office entered into set- milligrams of aspirin are in a tablet ernization and Accountability Act of 1997, is and they know how much sodium is in tlements, just approved by the court, with moving rapidly through Congress. We under- the major manufacturers of calcium supple- human or animal food and can require stand that this omnibus bill, which covers disclosure of this information to con- ments and antacids (a non-prescription the entire gamut of FDA authority, also con- drug), both of which are taken in large quan- sumers, but the FDA does not have to tains language in section 761 on National tities by pregnant women and many of which know how much alpha-hydroxy acid is Uniformity for Non-prescription Drugs to contained lead at levels that caused concern in face cream. The agency cannot even the effect that no state may establish or con- for the health of the fetus. The settlements require the cosmetic companies to dis- tinue in effect any requirement ‘‘that relates require the manufacturers to lower the lead close the presence of a known carcino- to the regulation of a drug intended for levels in their products substantially below human use that is not subject to the require- previously mandated food and pharma- gen like alpha-hydroxy acid to consum- ments of section 503(b)(I) or a cosmetic’’ un- ers. We need to understand, Mr. Presi- ceutical levels. The manufacturers intend to less is it identical to the Act. While this is make these changes on a nationwide basis. dent, that the agency cannot even re- only a small portion of a major piece of leg- As has been the pattern in the past, the cal- quire the cosmetic companies to dis- islation, we are concerned that this provi- cium settlements have served as a model for close the presence of a known carcino- sion may be construed to preempt states federal action, and the FDA is now consider- gen—they cannot do it—like alpha- from imposing any requirements on cosmet- ing changes to the federal standards for lead hydroxy, to consumers. ics or over-the-counter drugs, and could in calcium supplements and antacids. It is, frankly, no wonder that 70 per- therefore prevent the State of California While we appreciate the need for national cent of the cosmetic industry lobbying from enforcing significant laws dealing with uniformity of regulation in certain areas, the provisions of Proposition 65 have been in takes place in the States because that the health and safety of its citizens in the absence of a specific FDA exemption. Cali- existence for over ten years and have repeat- is where the action is. That is where fornia laws which could potentially be af- edly been found not to be preempted by fed- the standards are being set. That is fected by the FDA Modernization Act in its eral law.1 In June of this year, the Federal where the standards are being set and current form include the Sherman Food, Occupational Safety and Health Administra- enforced. Drug and Cosmetic Law, and the Safe Drink- tion approved Proposition 65 in the Califor- My colleagues do not have to take ing Water and Toxic Enforcement Act of 1986 nia workplace, ruling that it did not impose my word. We have a letter from the Na- (‘‘Proposition 65’’) as they apply to manufac- an undue burden on interstate commerce. tional Governors’ Association, Associa- turers of cosmetics and over-the-counter (U.S. Department of Labor, Occupational drugs. Safety & Health Administration 62:31159– tion of Food and Drug officials, and the 31181—Supplement to California State Plan, Association of State Legislatures, voic- Regulation of health and safety matters has historically been a matter of local con- Approval (June 9, 1997)). Propostion 65 as well as the Sherman Food, ing strong opposition to this whole pro- cern and the federal government has been re- Drug and Cosmetic Law are examples of the vision. We have a letter from the con- luctant to infringe on state sovereignty in type of state regulation that protects the servative Republican Attorney General these traditional areas of police power. As of California, Dan Lundgren, strongly health and safety of its citizens and that co- noted by the Supreme Court in United States exists comfortably with federal regulation. opposing this provision, and speaking v. Lopez, 154 U.S. 151, 131 L.Ed.2d 626, 633 The states should be permitted to continue eloquently about the importance of (1995), ‘‘a healthy balance of power between in their historical role as guardians of the State laws on cosmetic safety. the States and the Federal Government will welfare of their citizens. We therefore re- In my own State we have a bill that reduce the risk of tyranny and abuse from ei- spectfully urge you to seek modification of would extend the same public health ther front.’’ your bill to address this issue. protections enjoyed by California Thus, many federal statutes that preempt Sincerely, state regulation in the traditional health under their right-to-know law, Propo- DANIEL E. LUNDGREN, and safety area do so narrowly, if at all. For Attorney General. sition 65. Proposition 65 is so successful example, the Federal Insecticide Fungicide, and so popular with California voters THEODORA BERGER, and Rodenticide Act and the Federal Hazard- Assistant Attorney General. that the committee has excluded it ous Substances Act preempt only labeling re- Mr. KENNEDY. Reading from the from preemption. No one has refuted quirements and the Medical Device Amend- last paragraph: the positive impact Proposition 65 has ments to the federal Food, Drug and Cosmet- had on the public health. No one has. ics Act preempts state requirements only if Proposition 65, as well as the Sherman Food and Drug Law are examples of the type But instead of taking a law that is there is an existing, very specific federal re- quirement in effect. In contrast, the ‘‘Na- of State regulation that protects the health working so effectively to protect the tional Uniformity’’ provision of S. 830 as cur- and safety of its citizens and that coexist public and encourage other States to rently proposed, appears to generally pre- comfortably with Federal regulation. The emulate California today, we are de- empt all state requirements, not just label- States should be permitted to continue in bating whether to preempt every State ing requirements, even when there is no ex- their historic role as guardians of the wel- but California. isting federal requirement in effect. fare of their citizens. We therefore respect- Some of my colleagues have ex- As noted above, S. 830 would, in the ab- fully urge you to seek modification of your bill to address this issue. pressed satisfaction with grand- sence of specific FDA exemption, appear to fathering Proposition 65. They should prevent the State of California from enforc- There it is, Mr. President, from the attorney general of California, a con- delay their celebration. This bill ing both the Sherman Food, Drug and Cos- metic Law as well as Proposition 65, a state servative Republican, who understands grandfathers Proposition 65 in its cur- ‘‘Right to Know’’ statute, passed by the vot- as a person that has been working and rent form, which applies to reproduc- ers of California in 1986. Proposition 65 re- implementing this legislation why this tive toxins and carcinogens. But Cali- quires that persons who expose others to cer- proposal is rotten and why it ought to fornia cannot react to future scientific tain levels of carcinogens or reproductive be adjusted. developments by warning its citizens toxins give a clear and reasonable warning. Mr. President, a few years ago, the against other hazardous substances. Proposition 65 has been used successfully to reduce toxic contaminants in consumer agency proposed establishing a cosmet- I will include the whole letter and I ics hotline to receive consumer com- ask unanimous consent the complete products and has repeatedly been instrumen- tal in creating positive changes in products plaints. The FDA hoped to fill in gaps letter be printed in the RECORD. There being no objection, the letter regulated by the Food and Drug Administra- tion. The federal government has at least 1 See, e.g., Committee of Dental Amalgam Manu- was ordered to be printed in the twice in the past ten years followed the lead facturers v. Stratton, 92 F.3d 807 (9th Cir. 1996) (no RECORD, as follows: of the State of California after the state en- preemption by Medical Device Amendments to Fed- STATE OF CALIFORNIA, tered into various settlement agreements eral Food, Drug and Cosmetics Act); Chemical Spe- cialities Manufacturers, 958 F.2d 941 (9th Cir. 1992) DEPARTMENT OF JUSTICE, under Proposition 65 that required lower lev- (no preemption by Federal Insecticide, Fungicide Los Angeles, CA, July 14, 1997. els of contaminants in various products. For and Rodenticide Act and Federal Hazardous Sub- Re S. 830, FDA Modernization and Account- example, in 1990, after California filed suit stances Act (‘‘FHSA’’); People v. Cotter, 53 ability Act of 1997—Potential Preemp- under Proposition 65 concerning lead leach- Cal.App.4th 1373 (1997) (no preemption by FHSA). S8868 CONGRESSIONAL RECORD — SENATE September 5, 1997 because their voluntary cosmetics ad- ferent matter. We are not compelled to has been grandfathered in, but all of verse event reporting systems had dis- use them. For that reason, we should the rest of us that come from other mal compliance rates of well below 40 be far less willing to accept injury and States will not be able to get that kind percent. The majority of all cosmetics death from such products. of a protection. health problems were going unre- I suggest the absence of a quorum. Now, I just mention the kind of in- ported, and here was an ingenious solu- The PRESIDING OFFICER (Mr. jury complaints that have been in- tion. The reason the reporting systems HELMS). The clerk will call the roll. cluded. They include, going through were all voluntary is because the FDA The bill clerk called the roll. this code which we are gradually going does not have the authority to require Mr. KENNEDY. Mr. President, I ask through, injury code 14 includes rash, companies to tell consumers what kind unanimous consent that the order for redness, swelling, blisters, sores, weep- of problems consumers are having. Put the quorum call be rescinded. ing, lumps, inflammation, sunburn, Congress and some heavy lobbying to- The PRESIDING OFFICER. Without chemical burn and irritation; code 19, gether and you get a congressional pro- objection, it is so ordered. pain, to include itching, stinging, burn- hibition forbidding FDA from estab- Mr. KENNEDY. Mr. President, ear- ing, soreness, and tingling; injury code lishing the hotline. So we were denying lier I reviewed for the Senate the ac- 20, tissue damage—other than thermal the FDA from having a hotline. tions that have been taken by the burn, peeling, splitting, cracking, hair, When will it stop, Mr. President? We States which have resulted in addi- or nail breakage; code 21, discoloration; are preempting all of the States, ex- tional kinds of protections for safety code 22, infection; code 23, nervous sys- cept California, from taking any steps for the American consumer in those tem reactions, to include dizziness, to give the FDA any kind of additional States, primarily in California. I re- headache, irritability, nervousness, authority. Then when there was the ef- viewed some of the items that posed numbness; injury code 24, respiratory fort to just establish a hotline so peo- the principal health hazards for citi- reaction, to include choking, coughing, ple could call in and register their zens—the lead, the mercury, and other sneezing, shortness of breath, wheez- complaints, the funding for that hot- items and what has happened by the ing; code 25, digestive system reaction, line was dropped. I wonder why? I can States when removing those items. upset stomach, nausea, loss of appetite, tell you why. I gave you some examples Then I also mentioned, Mr. Presi- vomiting, diarrhea; code 26, bleeding, of why, just a few moments ago, with dent, the limitations we have in terms code 27, urinary tract infections; code the consumer complaints to various of the Food and Drug Administration 28, flammability resulting in thermal agencies, including the FDA, with peo- in taking any actions to protect people burns; code 29, blurred vision; code 30, ple writing in. No, we are not going to and the power of the cosmetic industry death as a result of inhalation or sniff- hear from the public. in refusing to even have a hotline. We ing deaths, and code 31. Finally, Mr. President, there was have hotlines in so many different and These are serious, Mr. President. some reference earlier about medical important areas for American people. These are serious health hazards. Be- device legislation in Europe. We often We have them with regard to battered fore we in this body and the House of hear about FDA’s regulation of drugs women, as one of the principal sponsors Representatives see a piece of legisla- as the international gold standard. I for that. We are not comparing that tion tagged on to the important Food refer to our country’s regulation of need with this one but there is enor- and Drug Administration, the medical cosmetics as the fool’s gold standard. mous importance and enormous jus- device and the pharmaceuticals which Cosmetic regulation in other countries tification and that has been a powerful, are so important, on which we have is far superior to our own. The Euro- powerful instrument for battered made so much progress, on which all of pean Union requires full ingredient women in our society. us are hopeful will finally result in a listing on packaging, documentary We wanted to try and have at least a bipartisan agreement, we see the greed proof of good manufacturing practice, hotline for people that might be able to of the cosmetic industry go right out and similar proof that extensive test- have been impacted adversely by these there and tag on this amendment as ing has been carried out on all prod- cosmetics. We mentioned already that one of the last amendments to preclude ucts. Mexico recently adopted regula- there are 46,000, at the last count, peo- the States—they have gotten the Gov- tion mandating expiration dates on all ple going to emergency rooms—46,000. ernment effectively precluded, unlike cosmetics. Although New York re- And we know the dangers which are the European countries. The European cently adopted just such a rule, it may out there in terms of impacting the Union, and most of the other industrial live a short life—the bill before the American consumer and they have in- countries of the world, have some pro- Senate would preempt that regulation creased dramatically with the increase tections. They have been able to pre- even if FDA does not have its own reg- in products. It has been recognized by clude the Federal Government, and ulation in place. the companies and the industry itself now they are precluding the States Let’s continue on our world tour. by the number of products and the from protecting the consumers and Canada requires that manufacturers complexity and the toxins that have putting them at risk for all those kinds submit data showing that a product is been included. of illnesses and sicknesses that I have safe under normal use conditions. Swe- So the only real opportunity that we talked about here that are resulting den is initiating product registration have other than going to the States from all of those products. for cosmetics and Denmark is consider- and reviewing the kind of complaints That is what we are being asked to ing a similar law. Malaysia requires that they have has been from the var- embrace. That is what we are being mandatory registration of cosmetics. ious agencies of government. I men- asked to embrace. For those that un- The list goes on, but the point is clear. tioned just a few moments ago about derstand the importance—the Attorney We are not content to lag behind other these various items and I will go into General of the State of California, who countries in protecting our citizens. We greater detail with the companies and has been working on this, makes it so prefer to buck the trend and expose what the allegations are and what the clear: Don’t do it, Senator. Don’t do it, them to greater hazards. As experience results are on Monday. I have them Senate of the United States. Don’t do has shown in other countries and in here but I will not take the additional it in the Congress and Senate. Mr. California with Proposition 65, the in- time. President, don’t sign that legislation. dustry can readily comply with mean- The fact is, these are the kind of re- He wants to be able to protect the peo- ingful safety standards when they are sults we are having, Mr. President. ple in California, as other public health imposed. When California runs into those cir- officials want to be able to protect Unlike food or drugs, cosmetics are cumstances they can do something their people in the other 49 States. not essential to our health. We use about it. When California found out That is the issue. That is the issue. them because their benefits are so about a particular product, the State We are going to come back to it clear. We need only mention this sum- was able to do something about it. again and again and again, Mr. Presi- mer’s unprecedented beef recall to il- Now, under this legislation, on this dent, because it is of such enormous lustrate that our food supply is not preemption, 49 States will not be able importance to the health and safety. perfectly safe. But cosmetics are a dif- to do something about it. California The other side of the balance is the September 5, 1997 CONGRESSIONAL RECORD — SENATE S8869 question of greed by the cosmetics in- Just a few sentences: This bill opens THE DEATH OF MOTHER TERESA dustry. Usually, when we are making the door to weakening environmental Mr. KENNEDY. Mr. President, I have tough decisions around here—and we protection, and lays a welcome mat just been notified about the death of have made them—we have limited down for future exemptions and at- Mother Teresa. I think I speak for all funding; for example, for the food pro- tacks on the effective and essential en- of the Members of the Senate, and I grams for our elderly people. We have vironmental statute. This is an act of know that I speak for all of the mem- to make a judgment, are we going to environmental extremism, which bers of my family and the people of treat more people in congregate sites should have no place in this or any Massachusetts that feel a sense of loss where you can feed more elderly people other bill. with Mother Teresa. She was really an with limited resources, or are we going The reauthorization of the prescrip- extraordinary, inspirational, spiritual to carve out some and feed them at tion drug and user fee is tremendously person whose life was devoted to oth- home, which means you will get to less important to assure that the FDA will ers. She was a woman of enormous ten- people, you will get those people that have the resources to review the new derness, gentleness, faith, and spir- are homebound. What do you do under drugs. That is what we ought to be ad- ituality. those circumstances? You are placing dressing. I had the chance to visit with her in needy people of one side against needy Mr. President, what is the parliamen- Calcutta in the late 1970’s and was first people on the other. tary situation? exposed to her extraordinary work No easy answers on this. Painful The PRESIDING OFFICER. The Sen- with the homeless and destitute in that judgments and decisions on that. We ator from Massachusetts has 55 min- community. I saw how she was able to don’t always get it right. We under- utes 28 seconds remaining. minister unto the poorest of the poor stand that. People of good will can dif- Mr. KENNEDY. Fine. I thank the in ways that were absolutely inspiring, fer on that and feel strongly about it, Chair. I want to prepare to yield back in terms of her gentleness and in terms and we respect them here in this body. the balance of my time this afternoon. of her capacity for caring. Anyone But under this circumstance, we are As I understand, from a previous agree- whose life she touched will never forget talking about the profits of the cos- ment, we will have time to continue her. She was really a very, very special metics industry and the risk to the this debate, I believe, on Monday next person. This world is a better world be- American consumer. That is what the for a period of 4 hours, with the time cause of her life. I know that all Amer- balance is. That is what is unaccept- evenly divided, starting at 11 o’clock, icans will feel deeply about the loss of able. That is what is outrageous and is that correct? Mother Teresa. I just hope that we will that is why that cloture vote was nec- The PRESIDING OFFICER. Yes. all say a prayer for her. Thank you essary, so we begin to wake up America Mr. KENNEDY. I yield back the re- very much. as to what is happening to these maining time this afternoon. Mr. President, I suggest the absence States. That is what we are going to f of a quorum. have an opportunity to debate as we go The PRESIDING OFFICER. The to this bill, plus the other measures. FOREIGN OPERATIONS, EXPORT Mr. President, the last unacceptable FINANCING, AND RELATED PRO- clerk will call the roll. element of this bill is an assault on the GRAMS APPROPRIATIONS The bill clerk proceeded to call the basic environmental protections con- The PRESIDING OFFICER. Under roll. tained in the National Environmental the order of July 16, 1997, the Senate Mr. STEVENS. Mr. President, I ask Protection Act, which is a key Federal having received from the House of Rep- unanimous consent that the order for environmental statute that regulates resentatives the bill H.R. 2159, all after the quorum call be rescinded. the Government’s own actions through the enacting clause of H.R. 2159 is The PRESIDING OFFICER (Mr. environmental impact statements. stricken, and the text of S. 955, as DEWINE). Without objection, it is so or- Under NEPA, Federal agencies must amended, is inserted in lieu thereof. dered. undertake a comprehensive environ- H.R. 2159 is read for the third time and f mental planning process for every passed, and a motion to reconsider is MORNING BUSINESS major action they take. This law is a laid upon the table. crucial statutory assurance that the The bill (H.R. 2159), as amended, was Mr. STEVENS. Mr. President, I ask work of the Government, the actions of passed. unanimous consent that there now be a regulated industries are consistent The PRESIDING OFFICER. The Sen- period for the transaction of morning with the guiding principles of environ- ate insists on its amendment, requests business, with Senators permitted to mental protection. a conference with the House on the dis- speak therein for up to 5 minutes each. Section 602 of the bill broadly ex- agreeing votes of the two Houses on The PRESIDING OFFICER. Without empts FDA’s activities from environ- H.R. 2159, and the Chair appoints the objection, it is so ordered. mental impact assessment under following conferees. f NEPA. This is the first preemption of The Presiding Officer appointed Mr. TRIBUTE TO MOTHER TERESA NEPA in a regulatory agency and is MCCONNELL, Mr. SPECTER, Mr. GREGG, the beginning now of cutting back Mr. SHELBY, Mr. BENNETT, Mr. CAMP- Mr. DASCHLE. Mr. President, we very, very important environmental is- BELL, Mr. STEVENS, Mr. COCHRAN, Mr. just received word that Mother Teresa sues. For what reason? Why are we, in LEAHY, Mr. INOUYE, Mr. LAUTENBERG, has died in Calcutta of cardiac arrest. our committee that is responsible in Mr. HARKIN, Ms. MIKULSKI, Mrs. MUR- With Mother Teresa’s death, another terms of the education and the health RAY, and Mr. BYRD conferees on the bright light has gone out in the world. and basic research, and the basic over- part of the Senate. Someone once asked St. Francis sight of laws dealing with labor and f what a person needed to do to please management, pensions, and some of the God. He answered, ‘‘Preach the Gospel older Americans activities —why in the PASSAGE VITIATED AND MEAS- every day. If necessary—use words.’’ world are we going around here in URE INDEFINITELY POST- Mother Teresa lived just that sort of terms of preempting NEPA from the PONED—S. 955 life. She was a living reminder to all of FDA? Who do you think was interested The PRESIDING OFFICER. Under us that faith is more than words. It is in that? Perhaps some of the industries the previous order, passage of S. 955 is the good deeds we do in this world. who want to get out from under filing vitiated and the bill is indefinitely She was a tiny woman, but she was the environmental impact statement. postponed. an enormous inspiration. In the same If we are starting off with this agency, Mr. KENNEDY addressed the Chair. way we can best show our respect for we know exactly what is going to hap- The PRESIDING OFFICER. The Sen- Princess Diana by supporting the pen in each of the other agencies. ator from Massachusetts. ideals she believed in, the best way to This week, I spoke with the Vice Mr. KENNEDY. Mr. President, may I honor Mother Teresa is to reach out- President who expressed his serious proceed for 2 minutes? side of ourselves and try to show a lit- personal concerns about this provision. The PRESIDING OFFICER. Yes. tle more compassion in our own lives. S8870 CONGRESSIONAL RECORD — SENATE September 5, 1997 THE VERY BAD DEBT BOXSCORE Whereas, the sponsors associated with ro- tain agricultural research programs, and for deos of the Professional Rodeo Cowboys As- other purposes; from the Committee on Agri- Mr. HELMS. Mr. President, too many sociation assist in sustaining rodeos, making culture, Nutrition, and Forestry; placed on Americans have not the foggiest notion this sport affordable and accessible to mil- the calendar. about the enormity of the Federal lions of rodeo fans; and By Mr. DODD (for himself, Ms. SNOWE, debt. Every so often, I ask various Whereas, despite the importance of such and Mr. KENNEDY): groups, how many millions of dollars events to the economy of Nevada and to the S. 1151. A bill to amend subpart 8 of part A are there in a trillion? They think economies of other western states, federal of title IV of the Higher Education Act of about it, voice some estimates, most of agencies have proposed restrictions upon the 1965 to support the participation of low-in- activities of sponsors, programs and adver- come parents in postsecondary education them not even close. through the provision of campus-based child They are stunned when they learn tising connected with rodeo events; and Whereas, such restrictions, if adopted, care; to the Committee on Labor and Human the facts, such as the case today. To be would jeopardize the financial viability of Resources. exact, as of 10:08 a.m. today, September rodeos, causing considerable loss to tourism f 5, 1997, the total Federal debt—down to and related industries and interfering with the penny—stood at $5,414,792,993,913.96. the enjoyment of rodeo events by the mil- STATEMENTS ON INTRODUCED Another astonishing statistic is that lions of Americans who attend rodeos annu- BILLS AND JOINT RESOLUTIONS on a per capita basis, every man, ally; and By Mr. DODD (for himself, Ms. woman, and child in America owes Whereas, these restrictions would impose SNOWE, and Mr. KENNEDY): $20,203.80. unconstitutional limitations on both com- S. 1151. A bill to amend subpart 8 of mercial speech and the freedom of associa- part A of title IV of the Higher Edu- As for how many millions of dollars tion of the membership of the Professional there are in a trillion, there are a mil- Rodeo Cowboys Association; and cation Act of 1965 to support the par- lion in a trillion, which means that the Whereas, during their 104th session of Con- ticipation of low-income parents in Federal Government owes more than gress, Senators Richard Bryan and Harry postsecondary education through the five million million dollars. Reid jointly introduced the ‘‘Rodeo Freedom provision of campus-based child care; f Act of 1995,’’ which, if enacted, would have to the Committee on Labor and Human prohibited the regulation by the Secretary of Resources. MESSAGES FROM THE HOUSE Health and Human Services and the Commis- THE CHILD CARE ACCESS MEANS PARENTS IN At 12:01 p.m., a message from the sioner of Food and Drugs of any activity of SCHOOL ACT House of Representatives, delivered by sponsors or sponsorship programs connected Mr. DODD. Mr. President, I am with, or any advertising used or purchased Mr. Hays, one of its reading clerks, an- by, the Professional Rodeo Cowboys Associa- pleased to rise today to introduce legis- nounced that the House has passed the tion or any other professional rodeo associa- lation to provide new support to needy following bills, in which it requests the tion; now, therefore, be it college students struggling to balance concurrence of Senate: Resolved by the Assembly and the Senate of their efforts in college with their role H.R. 2159. An act making appropriations the State of Nevada, Jointly, That the Nevada as parents. The CAMPUS—Child Care for foreign operations, export financing, and Legislature supports the efforts of Senators Access Means Parents in School Act related programs for the fiscal year ending Richard Bryan and Harry Reid in this regard will support the participation of low- September 30, 1998, and for other purposes. and urges the Nevada Congressional Delega- income parents in college by support- f tion to continue to bring this issue before ing campus-based child care. I am Congress; and be it further PETITIONS AND MEMORIALS Resolved, That the members of the 69th pleased to be joined in this effort by Senator SNOWE and Senator KENNEDY. The following petitions and memori- Session of the Nevada Legislature do hereby urge Congress to enact legislation patterned The stereotypical college student is als were laid before the Senate and after the ‘‘Rodeo Freedom Act of 1995’’; and no longer an 18-year-old high school were referred or ordered to lie on the be it further graduate. Increasingly, nontraditional table as indicated: Resolved, That the Chief Clerk of the As- students—older, with children and var- POM–218. A resolution adopted by the Ad- sembly prepare and transmit a copy of this ious job and life experiences—are fill- visory Board of Directors of the Methodist resolution to the Vice President of the Unit- ing the ranks of college classes. These Medical Center of Oak Ridge, Tennessee rel- ed States as the presiding officer of the Sen- students recognize the importance of ate, the Speaker of the House of Representa- ative to proposed National Spallation Neu- college to future success. tron Source; to the Committee on Com- tives and each member of the Nevada Con- merce, Science, and Transportation. gressional Delegation; and be it further But these students face new barriers POM–219. A resolution adopted by the Mid- Resolved, That this resolution becomes ef- unheard of in earlier times. Many are western Legislative Conference of the Coun- fective upon passage and approval. parents and must provide for their chil- cil of State Governments relative to global f dren while in school. Campus-based climate change; to the Committee on Energy child care is a vital necessity for par- and Natural Resources. REPORTS OF COMMITTEES ents attending college. It is conven- POM–220. A resolution adopted by govern- The following reports of committees iently located, available during the ing body of the Township of Little Egg Har- right hours, and of high quality and bor, New Jersey relative to the Mud Dump were submitted: site; to the Committee on Environment and By Mr. LUGAR, from the Committee on lower cost. Unfortunately, it is un- Public Works. Agriculture, Nutrition, and Forestry, with- available at many schools. Even where POM–221. A resolution adopted by govern- out amendment: programs exist, they are often difficult ing body of the City of Brigantine, New Jer- S. 1150. An original bill to ensure that fed- to access, particularly for low-income sey relative to the Mud Dump site; to the erally funded agricultural research, exten- parents who struggle with the costs. Committee on Environment and Public sion, and education address high-priority In the wake of welfare reform, new Works. concerns with national multistate signifi- pressures are also coming to bear on POM–222. A resolution adopted by the Mid- cance, to reform, extend, and eliminate cer- low-income student parents. With the western Legislative Conference of the Coun- tain agricultural research programs, and for cil of State Governments relative to monop- other purposes (Rept. No. 105–73). work requirements of the welfare re- form bill, it will become increasingly olization of agriculture production; to the f Committee on the Judiciary. difficult for students who are low-in- POM–223. A joint resolution adopted by the INTRODUCTION OF BILLS AND come parents to obtain Federal child Legislature of the State of Nevada; to the JOINT RESOLUTIONS care funds. States are likely to shift Committee on Labor and Human Resources. these funds to support welfare recipi- The following bills and joint resolu- ASSEMBLY JOINT RESOLUTION NO. 12 ents returning to work, rather than to tions were introduced, read the first Whereas, within the State of Nevada, the support low-income parents pursuing and second time by unanimous con- sport of rodeo has great historical, cultural higher education. This outcome is par- sent, and referred as indicated: and social significance, and is an important ticularly perverse given the impact of attraction for domestic and foreign tourism; By Mr. LUGAR: obtaining a college education on fam- and S. 1150. An original bill to ensure that fed- Whereas, professional rodeos generate sub- erally funded agricultural research, exten- ily earnings over time. Studies are stantial economic activity and are signifi- sion, and education address high-priority clear: public assistance recipients who cant sources of income, employment, recre- concerns with national multistate signifi- attend college are significantly more ation and enjoyment for Nevadans; and cance, to reform, extend, and eliminate cer- likely to leave welfare permanently. September 5, 1997 CONGRESSIONAL RECORD — SENATE S8871 This bill will offer new hope to these ‘‘(2) AMOUNT OF GRANTS.— ing the specific steps the institution will students. It will provide support to ‘‘(A) IN GENERAL.—The amount of a grant take to achieve the goal of providing low-in- campus-based child care programs awarded to an institution of higher edu- come students with child care services; serving low-income parents. Colleges cation under this section for a fiscal year ‘‘(B) specify any measures the institution shall not exceed 1 percent of the total will take to assist low-income students with can apply for these 3-year grants to as- amount of all Federal Pell Grant funds child care during the period before the insti- sist the institution in supporting or es- awarded to students enrolled at the institu- tution provides child care services; and tablishing a campus-based child care tion of higher education for the preceding ‘‘(C) include a plan for identifying re- program serving the needs of their low- fiscal year. sources needed for the child care services, in- income students. Funds will be tar- ‘‘(B) MINIMUM.—A grant under this section cluding space in which to provide child care geted to institutions serving low-in- shall be awarded in an amount that is not services, and technical assistance if nec- come students and programs focused on less than $10,000. essary; ‘‘(3) DURATION; RENEWAL; AND PAYMENTS.— ‘‘(8) contain an assurance that any child meeting these needs. ‘‘(A) DURATION.—The Secretary shall award Mr. President, this is a modest meas- care facility assisted under this section will a grant under this section for a period of 3 meet the applicable State or local govern- ure that will make a major difference years. ment licensing, certification, approval, or to students. I am hopeful that it can be ‘‘(B) RENEWAL.—A grant under this section registration requirements; and considered and enacted as part of the may be renewed for a period of 3 years. ‘‘(9) contain a plan for any child care facil- Higher Education Act which we will ‘‘(C) PAYMENTS.—Subject to subsection ity assisted under this section to become ac- consider later this year. I look forward (f)(2), the Secretary shall make annual grant credited within 3 years of the date the insti- to working with my colleagues to move payments under this section. tution first receives assistance under this ‘‘(4) ELIGIBLE INSTITUTIONS.—An institution section. this important measure forward. of higher education shall be eligible to re- Mr. President, I ask unanimous con- ‘‘(f) REPORTING REQUIREMENTS; CONTINUING ceive a grant under this section for a fiscal ELIGIBILITY.— sent that the text of the bill be printed year if the total amount of all Federal Pell ‘‘(1) REPORTING REQUIREMENTS.— in the RECORD. Grant funds awarded to students enrolled at ‘‘(A) REPORTS.—Each institution of higher There being no objection, the bill was the institution of higher education for the education receiving a grant under this sec- ordered to be printed in the RECORD, as preceding fiscal year equals or exceeds tion shall report to the Secretary 18 months follows: $1,000,000. and 36 months after receiving the first grant ‘‘(5) USE OF FUNDS.—Grant funds under this S. 1151 payment under this section. section shall be used by an institution of Be it enacted by the Senate and House of Rep- ‘‘(B) CONTENTS.—The report shall include— higher education to support or establish a ‘‘(i) data on the population served under resentatives of the United States of America in campus-based child care program serving the Congress assembled, this section; needs of low-income students enrolled at the ‘‘(ii) information on campus and commu- SECTION 1. CAMPUS-BASED CHILD CARE. institution of higher education. Subpart 8 of part A of title IV of the High- nity resources and funding used to help low- ‘‘(6) CONSTRUCTION.—Nothing in this sec- income students access child care services; er Education Act of 1965 (20 U.S.C. 1070f) is tion shall be construed to prohibit an insti- amended by adding at the end the following: ‘‘(iii) information on progress made toward tution of higher education that receives accreditation of any child care facility; and ‘‘SEC. 420C. CAMPUS-BASED CHILD CARE. grant funds under this section from serving ‘‘(iv) information on the impact of the ‘‘(a) SHORT TITLE.—This section may be the child care needs of the community served grant on the quality, availability, and af- cited as the ‘Child Care Access Means Par- by the institution. fordability of campus-based child care serv- ents in School Act’. ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.— ices. ‘‘(b) FINDINGS.—Congress finds that— For the purpose of this section, the term ‘‘(2) CONTINUING ELIGIBILITY.—The Sec- ‘‘(1) earning potential increases signifi- ‘‘low-income student’’ means a student who retary shall make the third annual grant cantly when individuals attend college for is eligible to receive a Federal Pell Grant for payment under this section to an institution any period of time; the fiscal year for which the determination of higher education only if the Secretary de- ‘‘(2) public assistance recipients who com- is made. termines, on the basis of the 18-month report plete college are more likely to leave public ‘‘(e) APPLICATIONS.—An institution of high- submitted under paragraph (1), that the in- assistance permanently; er education desiring a grant under this sec- stitution is making a good faith effort to en- ‘‘(3) students who are parents and receive tion shall submit an application to the Sec- sure that low-income students at the institu- campus-based child care are more likely to retary at such time, in such manner, and ac- tion have access to affordable, quality child remain in school, and to graduate more rap- companied by such information as the Sec- care services. idly and at a higher rate than students who retary may require. Each application shall— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— are parents and do not receive campus-based ‘‘(1) demonstrate that the institution is an There are authorized to be appropriated child care; eligible institution described in subsection $60,000,000 for fiscal year 1998 and such sums ‘‘(4) students who are parents rate access (d)(4); as may be necessary for each of the 4 suc- to campus-based child care programs as an ‘‘(2) specify the amount of funds requested; ceeding fiscal years to carry out this sec- important factor affecting their college en- ‘‘(3) demonstrate the need of low-income tion.’’. rollment; students at the institution for campus-based ‘‘(5) children placed in high quality child child care services by including in the appli- Ms. SNOWE. Mr. President, I am ex- care programs exhibit significant positive re- cation student demographics and other rel- tremely pleased to join my colleague sults from the experience, including— evant data; from Connecticut, Senator DODD, to in- ‘‘(A) higher earnings as adults; ‘‘(4) contain a description of the activities troduce the Child Care Access Means ‘‘(B) higher rates of secondary school grad- to be assisted, including whether the grant Parents in School Act [CAMPUS Act]. uation; funds will support an existing child care pro- Senator DODD and I have worked to- ‘‘(C) lower rates of retention in grade level; gram or a new child care program; ‘‘(D) lower rates of teenage pregnancy; and ‘‘(5) identify the resources the institution gether to ensure access to quality child ‘‘(E) reduced need for special education or will draw upon to support the child care pro- care, and this bill represents the next social services; gram and the participation of low-income step in our shared commitment to this ‘‘(6) the public saves $7 for every $1 in- students in the program, such as accessing important issue. I am also pleased Sen- vested in quality child care; and social services funding, using student activ- ator KENNEDY has joined us as a co- ‘‘(7) campus-based child care programs ity fees to help pay the costs of child care, sponsor of this legislation, which pro- may have an increasingly difficult time using resources obtained by meeting the vides grants to colleges in order to pro- needs of parents who are not low-income stu- accessing Federal child care funds under the vide child care for low-income stu- structure of the Personal Responsibility and dents, and accessing foundation, corporate or Work Opportunity Reconciliation Act of 1996 other institutional support, and demonstrate dents. (Public Law 104–193; 110 Stat. 2105). that the use of the resources will not result Mr. President, this is the time of ‘‘(c) PURPOSE.—The purpose of this section in increases in student tuition; year when countless American stu- is to support the participation of low-income ‘‘(6) contain an assurance that the institu- dents return to college. At this time, parents in postsecondary education through tion will meet the child care needs of low-in- we should remind ourselves that many the provision of campus-based child care come students through the provision of serv- Americans face obstacles that prevent services. ices, or through a contract for the provision them from participating in higher edu- ‘‘(d) PROGRAM AUTHORIZED.— of services; cation. The absence of affordable and ‘‘(1) AUTHORITY.—The Secretary may ‘‘(7) in the case of an institution seeking award grants to institutions of higher edu- assistance for a new child care program— accessible child care is, unfortunately, cation to assist the institutions in providing ‘‘(A) provide a timeline, covering the pe- one such obstacle. campus-based child care services to low-in- riod from receipt of the grant through the For many parents with young chil- come students. provision of the child care services, delineat- dren, the availability of oncampus S8872 CONGRESSIONAL RECORD — SENATE September 5, 1997 child care services is central to their where people need to continuously S. 1096 ability to attend college. Campus-based train and retrain in order to meet the At the request of Mr. GRASSLEY, the child care is conveniently located, demands of high-technology jobs. name of the Senator from Alabama available at the hours that fit stu- Children placed in campus-based [Mr. SHELBY] was added as a cosponsor dents’ schedules and often available at child care also reap numerous benefits, of S. 1096, a bill to restructure the In- a lower cost than community-based given its very high quality. In fact, ternal Revenue Service, and for other child care centers. Student parents children in high-quality child care ex- purposes. rate access to campus-based child care hibit higher earnings as adults, higher S. 1103 as an important factor affecting their rates of secondary school graduation, At the request of Mr. MOYNIHAN, the college enrollment. Unfortunately, lower rates of teen pregnancy, and a re- name of the Senator from Pennsylva- such services are often in very short duced need for special education or nia [Mr. SPECTER] was added as a co- supply, particularly for low-income costly social services. We also know sponsor of S. 1103, a bill to amend title parents who may find the cost of exist- that quality child care is cost effi- 23, United States Code, to authorize ing services prohibitive. cient—the public saves $7 for every $1 Federal participation in financing of Moreover, in order to meet the high invested in child care. projects to demonstrate the feasibility demand for child care created by the The bill we are introducing today of deployment of magnetic levitation Personal Responsibility and Work Op- will help bring the American dream transportation technology, and for portunity Reconciliation Act of 1996, within the reach of numerous Amer- other purposes. States may divert funds away from ican parents who need child care in SENATE CONCURRENT RESOLUTION 30 programs currently providing campus- order to attend college. The CAMPUS At the request of Mr. HELMS, the based child care services for low-in- Act will amend title IV of the Higher names of the Senator from Oklahoma come students and use the funds to Education Act to help provide campus- [Mr. INHOFE] and the Senator from provide child care to welfare recipi- based child care to low-income parents Georgia [Mr. CLELAND] were added as ents, because educational activities do seeking a college degree. Under the cosponsors of Senate Concurrent Reso- not count as work under the act. This bill, the Secretary of Education will lution 30, a concurrent resolution ex- may leave students with less access to award 3-year grants to institutions of pressing the sense of the Congress that child care services. If we want to fulfill higher education to support or help es- the Republic of China should be admit- the goals of the welfare reform act and tablish a campus-based child care pro- ted to multilateral economic institu- ensure that families are able to remain gram serving the needs of low-income tions, including the International Mon- financially self-sufficient, we need to student parents. The Secretary will etary Fund and the International Bank ensure that low-income parents have award $60 million in grants—equal to 1 for Reconstruction and Development. access to higher education and afford- percent of total Pell grant funding— f able and convenient child care. This is based on an application submitted by crucial given that people who receive the institution, and the grant amount AMENDMENTS SUBMITTED public assistance and then complete will be linked to the institution’s Pell college are far more likely to leave grant funding level. welfare permanently than those who do Under the bill, Pell grant recipients THE DEPARTMENT OF LABOR AP- not. will be eligible for child care, to ensure PROPRIATIONS ACT FOR FISCAL There is no question that a person’s that services target low-income stu- YEAR 1998 earning potential increases dramati- dents. In 1995–96, there were approxi- cally with a college degree. According mately 3.6 million Pell grant recipi- GRAHAM AMENDMENT NO. 1084 to the Census Bureau, in 1990 the aver- ents, and almost 17,000 Maine residents age income for high school graduates received Pell grants. Students typi- (Ordered to lie on the table.) was almost $18,000. Those who had 1 to cally qualify for Pell grants if their in- Mr. GRAHAM submitted an amend- 3 years of college education, however, come is under $30,000 per year. This bill ment intended to be proposed by him earned an average of $24,000. And those will make a true difference in the lives to the bill (S. 1061) making appropria- who graduated from college received an of many low-income students who need tions for the Departments of Labor, average salary of $31,000. child care to attend school. Health and Human Services, and Edu- Higher education is crucial to getting I urge my colleagues to support this cation, and related agencies for the fis- a job in today’s global job market. important legislation which will truly cal year ending September 30, 1998, and More than half of the new jobs that make a difference in the lives of nu- for other purposes; as follows: have been and will be created between merous American parents who wish to At the end of the bill, insert the following: 1995 and 2000 will require education be- attend college. TITLE ll—NATIONAL COMMISSION ON yond high school. While nearly 40 per- f PUBLIC EDUCATION FACILITIES CON- cent of American jobs are currently in STRUCTION AND REHABILITATION ADDITIONAL COSPONSORS ll low-skill occupations, only 27 percent SEC. 01. FINDINGS. will fall in that category by the year S. 224 Congress finds the following: (1) The condition of our Nation’s public At the request of Mr. WARNER, the 2000. Over the same period, high-skill pre-kindergarten through grade 12 school fa- occupations will grow from 24 to 41 per- name of the Senator from Montana cilities play an enormous role in the edu- cent of the work force. Getting the [Mr. BURNS] was added as a cosponsor cational development of our children as skills necessary to meet these market of S. 224, a bill to amend title 10, Unit- there is a relationship between the condition demands simply requires higher and ed States Code, to permit covered bene- of school facilities and student achievement. higher levels of educational achieve- ficiaries under the military health care In addition to their educational value, neigh- ment. system who are also entitled to Medi- borhood public schools that are structurally For many low-income students who care to enroll in the Federal Employ- safe and sound, and well-supported by the are parents, the availability of campus- ees Health Benefits Program, and for community can act as important civic and social institutions within our communities. based child care is key to their ability other purposes. (2) The financing of public pre-kinder- to receive a higher education and thus S. 496 garten through grade 12 school construction achieve the American dream. Student At the request of Mr. CHAFEE, the and renovation has historically been pri- parents are more likely to remain in name of the Senator from New Jersey marily a local function. Typically, tax-ex- school, and to graduate sooner and at a [Mr. TORRICELLI] was added as a co- empt bond issues must be approved through higher rate if they have campus-based sponsor of S. 496, a bill to amend the a referendum reliant on local property taxes child care. Child care services are par- Internal Revenue Code of 1986 to pro- and are sold to finance capital spending. ticularly critical for older students vide a credit against income tax to in- However, recent national trends indicate a decrease in bond referenda approval to pay who choose to go back to school to get dividuals who rehabilitate historic for school construction projects. The General their degree or to improve their skills homes or who are the first purchasers Accounting Office reports that 33 percent of through advanced education. This is es- of rehabilitated historic homes for use school districts have had an average of 2 pecially important in today’s economy as a principal residence. bond issues fail in the past 10 years. September 5, 1997 CONGRESSIONAL RECORD — SENATE S8873

(3) The United States is currently experi- make an appointment under subsection (a) (b) SPECIAL RULE.—The Commission pri- encing a 20-year rise in public elementary has not made such appointment within such marily shall study and make findings and and secondary school enrollments which is 30 days, the appointment may be made for specific recommendations regarding the projected to peak at over 54,000,000 students such officer as follows: matters described in subsection (a) with re- by 2006 from less than 40,000,000 in the mid- (1) The Chairman of the Committee on spect to pre-kindergarten through grade 12 1980’s. Education and the Workforce may act under public schools, but also may study and make (4) The General Accounting Office has re- such subsection for the Speaker of the House findings and specific recommendations re- ported the following conditions regarding of Representatives for 1 of the Speaker’s ap- garding the matters with respect to public education facilities construction in the Unit- pointments, and the Chairman of the Com- institutions of higher education. ed States: mittee on Ways and Means may act under (c) FINAL REPORT.— (A) Approximately $112,000,000,000 is needed such subsection for the Speaker of the House (1) IN GENERAL.—Subject to paragraph (2), in order to make necessary infrastructure re- of Representatives for the second. the Commission shall submit to the Presi- pairs to our Nation’s schools and to comply (2) The Ranking Minority Member of the dent and to Congress, not later than 120 days with current Federal mandates. Committee on Education and the Workforce after the date of the first meeting of the (B) One-third of schools nationwide are in may act under such subsection for the Mi- Commission, a report which shall contain a need of extensive repair or replacement and nority Leader of the House of Representa- detailed statement of the findings and con- 60 percent of schools nationwide reported tives. clusions of the Commission, including the needing at least 1 major building feature ex- (3) The Chairman of the Committee on Commission’s recommendations for adminis- tensively repaired, overhauled, or replaced Labor and Human Resources may act under trative and legislative action that the Com- with most of these schools requiring mul- such subsection for the Majority Leader of mission considers advisable. tiple features repaired. the Senate for 1 of the Leader’s appoint- (2) MAJORITY VOTE REQUIRED FOR REC- (C) 60 percent of students in the United ments, and the Chairman of the Committee OMMENDATIONS.—Any recommendation de- States attend school in buildings with at on Finance may act under such subsection scribed in paragraph (1) shall be made by the least 1 unsatisfactory environmental condi- for the Majority Leader of the Senate for the Commission to the President and to Con- tion, with heating, ventilation, and air con- second. gress only if such recommendation is adopt- ditioning systems being the most frequently (4) The Ranking Minority Member of the ed by a majority vote of the members of the reported building feature in need of repair. It Committee on Labor and Human Resources Commission who are present and voting. is estimated that nearly $2,400,000,000 is re- may act under such subsection for the Mi- SEC. ll05. POWERS OF COMMISSION. quired to comply with new regulations on as- nority Leader of the Senate. (a) HEARINGS.—The Commission may, for bestos management. (f) VOTING.—Each member of the Commis- the purpose of carrying out this title, hold (D) Often the schools with major renova- sion shall be entitled to 1 vote, which shall such hearings and sit and act at such times tion and rehabilitation needs are least pre- be equal to the vote of every other member and places, as the Commission may find ad- pared for 21st century technology learning of the Commission. visable. and teaching needs, with over 14,000,000 stu- (g) VACANCIES.—Any vacancy on the Com- (b) RULES AND REGULATIONS.—The Commis- dents attending approximately 40 percent of mission shall not affect its powers, but shall sion may adopt such rules and regulations as our schools which report not being able to be filled in the manner in which the original may be necessary to establish the Commis- provide facilities to well meet the functional appointment was made. sion’s procedures and to govern the manner requirements of laboratory science or large- (h) PROHIBITION OF ADDITIONAL PAY.—Mem- of the Commission’s operations, organiza- group instruction. bers of the Commission shall receive no addi- tion, and personnel. (5) As the result of the school enrollment tional pay, allowances, or benefits by reason (c) ASSISTANCE FROM FEDERAL AGENCIES.— increases, the need to prepare postsecondary of their service on the Commission. Members (1) INFORMATION.—The Commission may re- academic institutions for the influx of these appointed from among private citizens of the quest from the head of any Federal agency or new students will be ever more important. United States may be allowed travel ex- instrumentality such information as the SEC. ll02. ESTABLISHMENT OF NATIONAL COM- penses, including per diem, in lieu of subsist- Commission may require for the purpose of MISSION ON PUBLIC EDUCATION FA- ence, as authorized by law for persons serv- this title. Each agency or instrumentality CILITIES CONSTRUCTION AND RE- ing intermittently in the government service shall, to the extent permitted by law and HABILITATION. to the extent funds are available for such ex- There is established a Commission to be subject to the exceptions set forth in section penses. 552 of title 5, United States Code (commonly known as the ‘‘National Commission on Pub- (i) INITIAL MEETING.—The initial meeting lic Education Facilities Construction and referred to as the ‘‘Freedom of Information of the Commission shall occur within 40 days Act’’), furnish such information to the Com- Rehabilitation’’ (in this title referred to as after the date of enactment of this Act. the ‘‘Commission’’). mission, upon request made by the Chair- SEC. ll04. FUNCTIONS OF COMMISSION. person of the Commission. SEC. ll03. MEMBERSHIP OF COMMISSION. (a) SPECIFIC FINDINGS AND RECOMMENDA- (2) FACILITIES AND SERVICES, PERSONNEL DE- (a) APPOINTMENT.—The Commission shall be composed of 7 members as follows: TIONS.—The Commission shall study and TAIL AUTHORIZED.—Upon request of the (1) Two individuals shall be appointed by make findings and specific recommendations Chairperson of the Commission, the head of the Speaker of the House of Representatives. regarding the following: any Federal agency or instrumentality shall, (2) One individual shall be appointed by the (1) The extent, degree, and national impli- to the extent possible and subject to the dis- Minority Leader of the House of Representa- cations of the needs in public education con- cretion of such head— tives. struction and rehabilitation. (A) make any of the facilities and services (3) Two individuals shall be appointed by (2) The role of public education facilities of such agency or instrumentality available the Majority Leader of the Senate. with respect to the education of children and to the Commission; and (4) One individual shall be appointed by the its impact on performance and achievement. (B) detail any of the personnel of such Minority Leader of the Senate. (3) The existing financing options available agency or instrumentality to the Commis- (5) One individual shall be appointed by the for school construction and rehabilitation, sion, on a nonreimbursable basis, to assist Secretary of Education. and how and to what extent the options are the Commission in carrying out the Commis- (6) One individual shall be appointed by the being utilized, including the identification of sion’s duties under this title. Secretary of the Treasury. new sources of finances to assist with school (d) MAILS.—The Commission may use the (b) ADDITIONAL QUALIFICATIONS.—Each of construction. United States mails in the same manner and the individuals appointed under subsection (4) The adequacy of current State and local under the same conditions as other Federal (a) shall be an individual with expertise and programs and policies to meet school con- agencies. experience in public education facilities con- struction and rehabilitation needs. (e) CONTRACTING.—The Commission, to struction and financing (including financing (5) The extent to which creative financing such extent and in such amounts as are pro- the construction of public institutions of options are being explored and what yet-to- vided in appropriation Acts, may enter into higher education). be utilized options could and should be for- contracts with State agencies, private firms, (c) CHAIRPERSON AND VICE CHAIRPERSON.— mulated. institutions, and individuals for the purpose The members of the Commission shall elect (6) The trends and practices in the con- of conducting research or surveys necessary a Chairperson and a Vice Chairperson of the struction and renovation of public school fa- to enable the Commission to discharge the Commission. In the absence of the Chair- cilities, including the modernization of fa- Commission’s duties under this title. person, the Vice Chairperson will assume the cilities to access and utilize new tech- (f) STAFF.—Subject to such rules and regu- duties of the Chairperson. nologies. lations as may be adopted by the Commis- (d) QUORUM.—A majority of the members of (7) The cost of current construction prac- sion, and to such extent and in such amounts the Commission shall constitute a quorum tices and the impact of modernization and as are provided in appropriation Acts, the for the transaction of business. technological advances on these costs. Chairperson of the Commission shall have (e) APPOINTMENTS.—All appointments (8) The unmet needs of 21st century tech- the power to appoint, terminate, and fix the under subsection (a) shall be made within 30 nology for education. compensation (without regard to the provi- days after the date of enactment of this Act. (9) Other related topics determined to be sions of title 5, United States Code, govern- In the event that an officer authorized to appropriate by the Commission. ing appointments in the competitive service, S8874 CONGRESSIONAL RECORD — SENATE September 5, 1997 and without regard to the provisions of chap- (3) the number of organ donors has grown ment head tours as Operations Officer ter 51 and subchapter III of chapter 53 of such slowly over the past several years, even aboard U.S.S. John Young DD–973 and title, or of any other provision, or of any though there is significant unrealized donor U.S.S. Callaghan DD–994, and an execu- other provision of law, relating to the num- potential; tive officer tour aboard U.S.S. Downes ber, classification, and General Schedule (4) a Gallup survey indicated that 85 per- rates) of an Executive Director, and of such cent of the American public supports organ FF–070. additional staff as the Chairperson deems ad- donation, and 69 percent describe themselves Commander Fogarty’s duties ashore visable to assist the Commission, at rates as likely to donate their organs upon death; included scheduler for the commander not to exceed a rate equal to the maximum (5) most potential donors are cared for in in chief, U.S. Pacific Fleet, exercises rate for level IV of the Executive Schedule hospitals with greater than 350 beds, trauma and plans officer for the commander, under section 5332 of such title. services, and medical school affiliations; U.S. Sixth Fleet, and the Office of Leg- SEC. ll06. EXPENSES OF COMMISSION. (6) a recent Harvard study showed that islative Affairs. There are authorized to be appropriated to hospitals frequently fail to offer donation As Assistant Director of the Navy’s pay any expenses of the Commission such services to the families of medically eligible Senate Liaison Office for the last 5 sums as may be necessary not to exceed potential organ donors; $1,000,000. Any sums appropriated for such (7) staff and administration in large hos- years, Commander Fogarty has pro- purposes are authorized to remain available pitals often are not aware of the current vided timely support and accurate in- until expended, or until 1 year after the ter- level of donor potential in their institution formation on Navy plans and programs. mination of the Commission pursuant to sec- or the current level of donation effectiveness Working closely with the U.S. Senate, tion ll07, whichever occurs first. of the institution; he has helped maintain the best SEC. ll07. TERMINATION OF COMMISSION. (8) under titles XVIII and XIX of the Social trained, best equipped, and best pre- The Commission shall cease to exist on the Security Act (42 U.S.C. 1395 et seq; 1396 et pared Navy in the world. His consum- date that is 60 days after the date on which seq.), hospitals that participate in the medi- mate leadership, integrity, and tireless the Commission is required to submit its care or medicaid program are required to final report in accordance with section have in place policies to offer eligible fami- energy serve as an example for us all. ll04(c). lies the option of organ and tissue donation; Mr. President, Sean Fogarty, his and wife, Anita, and daughters, Larissa, DURBIN (AND OTHERS) (9) many hospitals have not yet incor- Colleen, and Megan have made many AMENDMENT NO. 1085 porated systematic protocols for offering do- sacrifices during his 24-year naval ca- nation to eligible families in a skilled and reer. They have made significant con- Mr. DURBIN (for himself, Mr. LEVIN, sensitive way. Mrs. MURRAY, Mr. JOHNSON, and Mr. tributions to the outstanding naval (b) SENSE OF THE SENATE.—It is the sense forces upon which our country relies so BREAUX) proposed an amendment to of the Senate that hospitals that have organ the bill, S. 1061, supra; as follows: or tissue donor potential take prompt steps heavily. During his illustrious career, On page 49, after line 26, add the following: to ensure that a skilled and sensitive request Commander Fogarty has been the re- SEC. . (a) STUDY.—Not later than 30 days for organ or tissue donation is provided to el- cipient of many awards and commenda- after the date of enactment of this Act, the igible families by— tions including the Legion of Merit. He Secretary of Health and Human Services, in (1) working with the designated organ pro- is a great credit to both the Navy and consultation with the General Accounting curement organization or other suitable the country he so proudly serves. As he Office, shall conduct a comprehensive study agency to assess donor potential and per- now retires from the naval service, I concerning efforts to improve organ and tis- formance in their institutions; call upon my colleagues from both sue procurement at hospitals. Under such (2) establishing protocols for organ dona- study, the Secretary shall survey at least 5 tion that incorporate best-demonstrated sides of the aisle to wish him fair winds percent of the hospitals who have entered practices; and following seas.∑ into agreements with an organ procurement (3) providing education to hospital staff to f organization required under the Public ensure adequate skills related to organ and Health Service Act and the hospitals’ des- tissue donation; CHARLES A. HORSKY ignated organ procurement organizations to (4) establishing teams of skilled hospital ∑ Mr. MOYNIHAN. Mr. President, Mr. examine— staff to respond to potential organ donor sit- Charles Horsky, former adviser to (1) the differences in protocols for the iden- uations, ensure optimal communication with Presidents Kennedy and Johnson on tification of potential organ and tissue do- the patient’s surviving family, and achieve nors; the District of Columbia, passed away smooth coordination of activities with the during the August recess. I rise today (2) whether each hospital, and the des- designated organ procurement organization; ignated organ procurement organization of and to pay honor to this man who devoted the hospital, have a system in place for such (5) monitoring organ donation effective- himself to improving our Nation’s Cap- identification of donors; and ness through quality assurance mechanisms. ital. (3) protocols for outreach to the relatives Charlie Horsky was the ‘‘Mayor of of potential organ or tissue donors. f Washington.’’ And yet, he looked for- (b) REPORT.—Not later than 1 year after ADDITIONAL STATEMENTS the date of enactment of this Act, the Sec- ward to giving that up and getting retary of Health and Human Services shall home rule for the city of Washington. prepare and submit to the appropriate com- He accomplished a great deal toward mittees of Congress a report concerning the TRIBUTE TO COMDR. SEAN that end. Mr. Horsky was instrumental study conducted under subsection (a), that FOGARTY in redeveloping Pennsylvania Avenue, shall include recommendations on hospital ∑ Mr. KEMPTHORNE. Mr. President, I in promoting the construction of a best practices— rise today to recognize and say farewell (1) that result in the most efficient and metropolitan subway system, and he comprehensive identification of organ and to an outstanding naval officer, Comdr. played a crucial role in establishing tissue donors; and Sean Fogarty, who has served with dis- the initial home rule for the citizens of (2) for communicating with the relatives of tinction for the past 24 years in naval Washington. potential organ and tissue donors. service. It is a privilege for me to rec- Further, he led the establishment of ognize his many outstanding achieve- the National Building Museum, the LEVIN (AND OTHERS) AMENDMENT ments and to commend him for the su- John F. Kennedy Center of the Per- NO. 1086 perb service he has provided this legis- forming Arts, the University of the Mr. DURBIN (for Mr. LEVIN, for him- lative body, the Navy, and our great District of Columbia, and urged the self, Mr. THURMOND, Mr. DURBIN, and Nation. preservation of Union Station. Mr. INOUYE) proposed an amendment to A native of Idaho Falls, ID, and a 1977 I first arrived in Washington over the bill, S. 1061, supra; as follows: graduate of the U.S. Naval Academy, three decades ago. Since those initia- At the appropriate place, insert the follow- Commander Fogarty comes from a pa- tory days, I was most fortunate to have ing: triotic family who has contributed im- known and worked with Charlie SEC. . (a) FINDINGS.—Congress finds measurably to our Nation’s defense. Horsky. He was as fine a gentleman as that— His father was a career submariner and we have seen in our Capital, and his (1) over 53,000 Americans are currently also a U.S. Naval Academy graduate. tireless efforts are reflected in so many awaiting organ transplants; (2) in 1996, 3,916 people on the transplant Commander Fogarty’s service at sea rejuvenated aspects of the city around waiting list died because no organs became includes a division officer tour aboard us. When thinking of this great man we available for such people; U.S.S. Harold E. Holt FF–1074, depart- do well to recall the epitaph of Sir September 5, 1997 CONGRESSIONAL RECORD — SENATE S8875 Christopher Wren at St. Pauls Cathe- rest of his career except for his White House ald Aronson for all of his hard work dral, London: ‘‘Si monumentum years. and his service to the State of New Jer- requiris, circumspice.’’ (If you would After World War II, Mr. Horsky served as sey.∑ an assistant prosecutor at the Nuremberg see his monument, look around). f war crimes trials and argued many cases be- I ask that an obituary from the New fore the Supreme Court, including a case EXECUTIVE SESSION York Times from August 24 be printed that challenged the wartime internment of in the RECORD. Americans of Japanese ancestry. The obituary follows: ‘‘I was trying to persuade the Court that NOMINATION OF ROBERT CHARLES CHARLES A. HORSKY, 87, DIES; LEFT IMPRINT there was no legitimate basis for the Army CHAMBERS TO BE U.S. DISTRICT ON U.S. CAPITAL to arrest citizens,’’ Mr. Horsky said in a 1989 JUDGE FOR THE SOUTHERN DIS- (By Irvin Molotsky) interview with The Washington Post. ‘‘I couldn’t get enough information to make it TRICT OF WEST VIRGINIA WASHINGTON—Charles A. Horsky, a law- stick.’’ Mr. STEVENS. Mr. President, I ask yer and former Government official who Mr. Horsky lost his argument before the unanimous consent that the Senate im- helped redevelop the nation’s capital during Supreme Court, but in 1988, Congress ap- mediately proceed to executive session the Kennedy and Johnson Administrations, proved and President Ronald Reagan signed died Wednesday at Holy Cross Hospital in to consider the nomination of Robert a bill that offered the nation’s apologies to Chambers, of West Virginia; that the Silver Spring, Md. He was 87 and lived in Sil- Japanese Americans and provided payments ver Spring. to those who were interned. nomination be confirmed, the motion The cause was kidney failure, said his A partner at the firm, David B. Isbell, said to reconsider be laid on the table, any daughter, Margaret Horsky Burns. that Mr. Horsky took senior counsel status, statements relating to the nomination Mr. Horsky argued many cases and held that is, a reduced work load, in 1981 and that appear at the appropriate place in the many important positions in a law career until he was slowed down by illness two RECORD, the President be immediately that began in 1934, but it was his work as ad- years ago, he had kept active in the firm by notified of the Senate’s action, and the viser to the President for national capital af- arbitrating railroad disputes. Senate then return to legislative ses- fairs from 1962 to 1967 that had the greatest His wife of 58 years, Barbara Egleston impact on those who live in or visit Washing- sion. Horsky, died two years ago. The PRESIDING OFFICER. Without ton, an impact that will be felt for years to Besides his daughter, Ms. Burns, a resident come. objection, it is so ordered. of Falls Church, Va., Mr. Horsky is survived The nomination was considered and President John F. Kennedy appointed him by a sister, Flora Wertz of Missoula, Mont., to the White House job and Lyndon B. John- and two grandchildren. confirmed, as follows: son carried him over when Johnson suc- Despite his advancing years, Mr. Horsky THE JUDICIARY ceeded to the Presidency in 1963. During Mr. maintained a rugged regimen. ‘‘He never Robert Charles Chambers, of West Vir- Horsky’s time at the White House, he wore an overcoat, even on the coldest day,’’ ginia, to be U.S. District Judge for the pressed for switching money from a highway Mr. Isbell said of his colleague. ‘‘I don’t Southern District of West Virginia. project to the construction of a subway sys- think he had one. It may have had some- STATEMENT ON THE NOMINATION OF ROBERT C. tem, and the resulting Metro is now regarded thing to do with his coming from Montana.’’ CHAMBERS as one of the best in the world. That Great Plains frame of mind prevail- Mr. LEAHY. Mr. President, I am He worked on the redevelopment of Penn- ing as recently as 1989, when he drove around pleased that the majority leader has sylvania Avenue, a project that was begun in the middle of winter in his 1962 Ford con- after the 1961 inaugural parade and Kennedy moved the nomination of Robert C. vertible, often with the top down. When Chambers to be a judge of the U.S. Dis- determined that America’s Main Street had asked in the interview in The Post about his become seedy and unworthy of a great na- lack of an overcoat, he said, ‘‘I am sure I had trict Court for the Southern District of tion. That project is just being completed one in college.’’∑ West Virginia. Mr. Chambers has the with the opening soon of the Ronald Reagan f strong support of Senator ROBERT C. Building. BYRD and Senator JOHN D. ROCKE- Senator Daniel Patrick Moynihan, who MAYOR DONALD ARONSON FELLER IV. Mr. Chambers has been en- served in the Kennedy Administration with gaged in the private practice of law for Mr. Horsky, recalled that they were review- ∑ Mr. TORRICELLI. Mr. President, I ing plans for the redevelopment of Penn- rise today in recognition of the mayor almost 20 years and served as a dele- sylvania Avenue on Nov. 22, 1963, when they of my hometown, Englewood, NJ. gate in the West Virginia House of Del- received the word that the President had Mayor Donald Aronson’s dedication to egates, chairman of that body’s judici- been shot. The plans were to be presented to the Englewood community and the ary committee, and speaker of the Kennedy for his approval the next day. State of New Jersey make it an honor West Virginia House of Delegates. The Another of Mr. Horsky’s accomplishments to be able to recognize him. After being ABA found him to be qualified and the is enduring a melancholy chapter. For years, Judiciary Committee unanimously re- Washington was run as a virtual fiefdom of elected mayor of Englewood three times he has decided not to stand for ported this nomination to the Senate Congress, with residents having no say in its in July. government. During the Johnson Adminis- reelection. As his term comes to an tration, a push was made to establish home end, I would like to convey my good I congratulate Mr. Chambers and his rule for Washington and it was Mr. Horsky wishes to a friend and valued colleague. family and look forward to his service who played the pivotal role in getting legis- Donald has made innumerable con- on the Federal court. lation for it through Congress. tributions to the residents of Engle- As I noted yesterday, we have a good deal of work ahead of us if we are to Mr. Moynihan, reached at his home in up- wood and to the State of New Jersey as state New York, said: ‘‘Charlie Horsky was fulfill our responsibilities and confirm a whole through numerous community ‘Mayor of Washington.’ He looked forward to the other fine nominees who are pend- service positions. He has served as giving that up and getting home rule for the ing before us and are needed in the commissioner and secretary of the city of Washington, and he accomplished a Federal courts around the country. I Palisades Interstate Park Commission, great deal toward that end.’’ commend the majority leader for re- In recent years, however, with the District president of the Bergen County League turning to the Executive Calendar of Columbia’s budget deficit ballooning out of Municipalities, and he has sat on the today to take up this judicial nomina- of control, Congress has taken back much of board of trustees for the American Red tion. that power and placed it in the hands of a Cross. In addition, he has been a mem- control board. f Mr. Horsky’s other activities included es- ber of the Englewood Board of Adjust- tablishing the Kennedy Center for the Per- ment, Englewood Chamber of Com- LEGISLATIVE SESSION forming Arts, rescuing Union Station and merce, and Englewood Economic De- The PRESIDING OFFICER. Under opening both the National Building Museum velopment Corp. The list of his commu- the previous order, the Senate will now and the University of the District of Colum- nity activities is endless. The extent of return to legislative session. bia. his service to State and local organiza- f He was born in Helena, Mont., graduated tions is evidence of his lifelong com- from the University of Washington 1931 and mitment to public service. ORDERS FOR MONDAY, received a law degree from Harvard Univer- SEPTEMBER 8, 1997 sity in 1934. He served as a lawyer in the So- Now, Donald is preparing for a new licitor General’s office until 1939, when he position as the president of the Engle- Mr. STEVENS. Mr. President, I ask joined Covington & Burling, one of Washing- wood Chamber of Commerce. I ask that unanimous consent that when the Sen- ton’s leading law firms, staying there for the you join me in recognizing Mayor Don- ate completes its business today, it S8876 CONGRESSIONAL RECORD — SENATE September 5, 1997 stand in adjournment until the hour of the motion to proceed to S. 830, the call vote is expected on Monday at 5 11 a.m. on Monday, September 8; I fur- FDA reform bill. Under the previous p.m. on an amendment relating to the ther ask unanimous consent that on order, there are 4 hours of debate re- Labor, Health and Human Services ap- Monday, immediately following the maining on the motion to proceed, propriations bill. prayer, the routine requests through equally divided between Senators JEF- f the morning hour be granted and the FORDS and Senator KENNEDY. Following Senate immediately resume consider- the expiration or yielding back of that ation of the motion to proceed to S. ADJOURNMENT UNTIL MONDAY, time, the Senate will resume consider- SEPTEMBER 8, 1997, AT 11 A.M. 830, the FDA reform bill. ation of S. 1061, the Labor–HHS appro- The PRESIDING OFFICER. Without priations bill. Also under the order, a Mr. STEVENS. Mr. President, if objection, it is so ordered. vote on an amendment relating to S. there is no further business to come be- Mr. STEVENS. Mr. President, I also 1061 is expected at 5 p.m. on Monday. In fore the Senate, I now ask unanimous ask unanimous consent that following addition, under the consent agreement, consent that the Senate stand in ad- the expiration or yielding back of time all amendments remaining in order to journment under the previous order. on the motion to proceed to S. 830, the the Labor, Health and Human Services There being no objection, the Senate, Senate resume consideration of S. 1061, appropriations bill must be offered dur- at 3:38 p.m., adjourned until Monday, the Labor, Health and Human Services September 8, 1997, at 11 a.m. appropriations bill. ing Monday’s session of the Senate. The PRESIDING OFFICER. Without Also, all votes ordered on those amend- f objection, it is so ordered. ments will be stacked to occur at a CONFIRMATION time to be determined on Tuesday. In f Executive nomination confirmed by addition, under the previous order, the the Senate September 5, 1997: PROGRAM Senate will begin consideration of S. Mr. STEVENS. Mr. President, for the 830 following the disposition of S. 1061, THE JUDICIARY but not before 4 p.m. on Tuesday. As a ROBERT CHARLES CHAMBERS, OF WEST VIRGINIA, TO information of all Members, on Mon- BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT day, the Senate will resume debate on reminder to all Members, the next roll- OF WEST VIRGINIA. September 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1667 EXTENSIONS OF REMARKS

DIANA’S LEGACY kill or badly maim anyone who triggers this Congress is willing to let a bill come for- them and that they keep on killing long ward. after hostilities are ended. The average life- There are those who have begun to follow HON. JOHN JOSEPH MOAKLEY span of an antipersonnel land mine is 50 to OF MASSACHUSETTS 100 years. At the current rate, it would take through on their threats to shut down the IN THE HOUSE OF REPRESENTATIVES more than a thousand years to rid the world House and delay the normal work that we of all the land mines in place. must get done before the end of the year. We Friday, September 5, 1997 That is why Princess Diana declared her can avoid all of this if we are given the oppor- Mr. MOAKLEY. Mr. Speaker, I would like to support for an immediate ban on these ter- tunity to vote on a reform bill. I have been an take this opportunity to bring to your attention rible and indiscriminate weapons. This is active member of the Bipartisan Freshman an editorial written by our colleague, Rep. JIM why she traveled to Angola and Bosnia to Campaign Finance Reform Task Force, I am bring comfort, support, and hope to the fami- MCGOVERN of the Third District of Massachu- an original cosponsor of the Shays-Meehan lies of victims and survivors. And this is why setts, regarding Princess Diana's role in the she used her celebrity—and the horde of bill, these two bills offer members the oppor- fight against landmines. I think that Congress- video cameras and photographers who shad- tunity to let their constituents know where they man MCGOVERN's piece eloquently depicts owed her every move—to bring human faces stand on this issue. There are over 70 cam- Princess Diana's compassionate commitment into the living rooms of families across the paign finance bills pending this Congress. Not to banning these terrible killing devices, and world. a single campaign finance reform bill has been highlights the importance of our continuing the Just three weeks ago, Princess Diana vis- given a hearing in this Congress. Whether you effort to ban landmines forever. ited Bosnia to hear personal stories from support or oppose campaign finance reform At this time I would like to place Congress- families of victims and survivors. She was every Member should be given the opportunity determined that their stories would galva- man MCGOVERN's words in today's RECORD. nize the international community to em- to vote on this issue, and we must do it before [From the Boston Globe, Sept. 5, 1997] brace a worldwide ban on these weapons. the end of the year. DIANA’S LEGACY—SHE REACHED OUT TO LAND Princess Diana clearly stated that her in- I hope that in the next several weeks the MINE VICTIMS terests were humanitarian, not political. leadership of this House will give the Members While international experts like General (By James P. McGovern) an opportunity to vote on campaign finance re- Norman Schwarzkopf can thoughtfully ad- form. We will have the time to debate and This week, at a conference in Oslo con- dress how banning land mines makes for ef- vened to forge an international agreement vote on a bill and we have many bills that can fective foreign policy, Diana understood that be considered. Failure to act now will be a fail- banning land mines, delegates from more no one could express the human tragedy of than 100 nations rose and stood silent for one these weapons to an international audience ure to serve the people we represent. minute to remember the work that Princess better than the victims themselves. Diana had done on behalf of victims of land This June, legislation was introduced in f mines. the Senate calling for an international ban Like the rest of the world, they had awak- on land mines; similar legislation will be in- THE MILITARY SELECTIVE ened Sunday to learn the terrible news of her troduced in the House. In December, rep- SERVICE REPEAL ACT death. And like all of us engaged in the resentatives from more than 100 nations will international campaign to ban land mines, gather in Ottawa to sign a binding treaty to HON. FORTNEY PETE STARK we felt the grievous loss of one of our most ban the use, manufacture, export, and stock- effective and compassionate champions. piling of these weapons. I hope that the Unit- OF CALIFORNIA In the space of 22 minutes—about the ed States will join this effort. IN THE HOUSE OF REPRESENTATIVES amount of time it took to read and absorb Princess Diana was perhaps the jewel in Friday, September 5, 1997 the details of Princess Diana’s tragic acci- the crown of the international movement to dent—someone is killed or maimed by a land ban land mines; her compassion and involve- Mr. STARK. Mr. Speaker, I rise today to in- mine: more than 26,000 men, women, and ment helped to focus the world’s attention troduce the Military Selective Service Repeal children each year. In at least 68 countries on this issue. But no one acknowledged more Act, to repeal in its entirety what I believe to there are more than 110 million unexploded gratefully than she that the crown itself is be a wasteful cold war relic that should be ex- land mines lying in fields, deserts, roads, constructed from the lives and work of mil- along rivers and streams, in forests, and on tinct. lions of people. From 1948 until 1973, during both peace- footpaths. When the nations of the world gather in In June Princess Diana attended a benefit December to sign the international treaty, time and periods of conflict, men were drafted organized by the American Red Cross in Diana will be remembered. And decades— to fill vacancies in the Armed Forces which Washington that raised more than $650,000 perhaps centuries—from now, when the last could not be filled through voluntary means. for victims of land mines. Later that month, land mine is cleared from the earth, her leg- Suspended in April 1975, it was resumed in she traveled to Boston to raise funds on be- acy and work will be complete. 1980 by President Carter in response to the half of land mine survivors and declare sup- port for the international movement to ban f Soviet invasion of Afghanistan. However, as these terrible weapons. any American knows, the conditions for the Unlike many others of her social standing CAMPAIGN FINANCE REFORM draft have changed since the days of Vietnam and celebrity, Princess Diana was not con- and the threat of Soviet invasion. Still, reg- tent to limit her work to appearing at posh HON. RON KIND istration continues as a supposed hedge charity events for causes she supported. She OF WISCONSIN against underestimating the number of serv- felt compelled to reach out and literally IN THE HOUSE OF REPRESENTATIVES icemen needed in a future conflict. touch those individuals confronting life’s The Department of Defense has concluded greatest challenges. Friday, September 5, 1997 Never satisfied to learn about issues solely that we live in a time that projects no warÐ from news accounts, Diana cared to witness Mr. KIND. Mr. Speaker, today we bring to not even the worst case scenario of two simul- firsthand the stories of those most affected close the first week of our final legislative ses- taneous regional conflictsÐthat would require by land mines: children injured and in pain sion this year. It has been a productive week, drafting combat troop replacements. Suspen- from land mine explosions; families who had with the passage of several important appro- sion of peacetime registration could be accom- lost loved ones; and those unable to return to priations bills. I have been pleased with the plished with little risk to national security, con- their ancestral homes because the land was tone and demeanor of the bipartisan debate sidering the low probability of the need for sown with the death, destruction, and danger this week. Now is the perfect time to bring a conscription. The fact is that peacetime draft of antipersonnel land mines. In the field she learned how these weapons bipartisan campaign finance reform bill to the registration could be suspended with no effect do not distinguish between the foot of a sol- floor for a vote. In the next several weeks we on military mobilization requirements, little ef- dier and the foot of a child at play. In the will have the time and opportunity to vote for fect on the time it would take to mobilize, and field she saw how land mines are designed to campaign finance reform, if the leadership of no measurable effect on military recruitment,

∑ 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. E1668 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 1997 according to the Secretary of Defense in his setts to establish a career in hospital adminis- the prestigious Lockheed Zero Defects 1993 report to the President and Congress. tration. He has served with great distinction AwardÐa tribute to the standard of excellence In addition, ample alternatives to peacetime and a longevity of commitment rarely he set. At one time he had an interests in fa- draft registration are already in place. The Se- matched. From his beginning as a Yale grad- cilities that stretched from Rockwall to Com- lective Service System maintains an on-the- uate student intern on February 5, 1973, he merce, CA, to Puerto Rico and Australia. After shelf system which would provide for a post- rose to become vice president, executive vice a 60-year distinguished career, Dick retired mobilization registration of up to 3.5 million president, and then president of Somerville from the Aluminum industry that he had health care personnel in more than 60 special- Hospital in November 1994. served so well. ties. The Pentagon reports that mass registra- Under Carl's leadership, Somerville Hospital Dick's professional accomplishments, how- tion would occur in 13 days after notice to mo- took important strides to provide comprehen- ever, are just part of who he was. Dick cared bilize, with induction orders to follow 3 weeks sive health care services that were responsive about everyone he met and knew. He was de- later. Likewise, we have stockpiled our Armed to the community's needs. Among these ac- voted to his community and gave his support Forces, so that over 1 million trained Selected complishments are the establishment of a wherever it was needed. He was particularly Reserve units and another 750,000 individual home care department, a transitional care unit, interested in helping young people and at one Ready Reserve personnel exist to augment and an occupational health program. Together time, he was sponsoring as many as 12 stu- Active Forces during the early days of a major with its sister hospital network, the Cambridge dents in college. conflict. Clearly, Mr. Speaker, we've no short- Hospital, the Somerville Hospital has pro- Dick is survived by his wife, Louise Pickens fall of resources. moted an innovative community initiative of Rockwall; daughter and son-in-law, Patti More importantly, the draft registration fails called the Somerbridge Community Health and David Canup of Rockwall; daughter and to provide legal relief measures to conscien- PartnershipÐto improve the health of the joint son-in-law, Francie and Ross Oliver of Austin, tious objectors who cannot register, thus vio- Somerville and Cambridge communities. TX; daughter Mayre Springer of Phoenix, AR; lating our freedom of religion. For 17 years Carl has also served as an inspirational and and step-son Mike Barringer of Rockwall; nu- now, youth have been required to register for valued leader to the employees of Somerville merous grandchildren and a great grandchild. a military draft that does not exist. The pen- Hospital. Amid the current dynamic health Mr. Speaker, Dick Pickens was a true giant alties for nonregistration, such as the denial of care environment, Carl Zack achieved goals among us. He will be remembered by his fam- admission to colleges and universities and dis- set out to assure the preservation of essential ily and many friends for his kindness and gen- qualification for student loans and grants, are health care services in the city of Somerville erosityÐand he will be greatly missed. As we an unjustifiable limitation on the civil rights of while maintaining employment opportunities adjourn today, it is a privilege for me to honor our youth. within the hospital network. this great man who also was my close friend. If that's not enough to convince my col- His work has been recognized by many or- f leagues, Mr. Speaker, they should consider ganizations, including being selected as Hu- IN HONOR OF THE GUARDIANS OF the bottom line. Peacetime draft registration manitarian of the Year by the Visiting Nurses THE SICK has cost taxpayers over $400 million since its Association of Eastern Massachusetts, and an reinstitution in 1980. According to present honoree of the HomeFirst Charitable Corp. of HON. CHARLES E. SCHUMER Somerville. He has been an active force with budget estimates, Selective Service registra- OF NEW YORK tion will cost an additional $75 million by the many community organizations, such as his IN THE HOUSE OF REPRESENTATIVES year 2000. As we rest on the laurels of what longstanding tenure on the board of trustees many consider to be a successful budget deal, of the Somerville Chamber of Commerce. He Friday, September 5, 1997 let's remember the children and legal immi- has also demonstrated his commitment to fu- Mr. SCHUMER. Mr. Speaker, one of the grants we've deserted to allow the Selective ture generations of health care professionals pleasures of serving in this legislative body is Service System to continue. on the faculties of the University of Massachu- the opportunity we occasionally get to ac- Finally, the real impetus for terminating draft setts School of Medicine, the University of knowledge publicly the outstanding entities of registration comes from the Selective Service New Hampshire, and Northeastern University. our communities. System itself. A scathing evaluation was re- Mr. Speaker, I hope all of my colleagues will It is not easy to find someone who does cently released by the U.S. Army Force Inte- join me in celebrating Carl Zack's tremendous something for nothing these days. No person gration and Support Agency [USAFISA] docu- contributions. Again, I congratulate Carl Zack, is willing to give something away if it won't menting severe problems of waste and mis- along with his familyÐhis wife, Andrea Cohen, benefit him directly. That is why the gift of management within the Selective Service Sys- and daughters, Emma and HannahÐfor his blood is so commendable: it is literally a self- tem. The problems discoveredÐa grossly hard work and as an outstanding leader. less donation of one's own life source to save overpaid staff and duplication of servicesÐre- f someone else's life. vealed the Selective Service System to be a Today I applaud the achievements of the bloated, inept Federal bureaucracy. TRIBUTE TO DICK PICKENS Guardians of the Sick Blood Drive. This Current registrants and volunteers are abun- Brooklyn-based blood donor organization, the dant and stand ready to defend our country HON. RALPH M. HALL largest in New York State, has achieved should the need arise. The time has come to OF TEXAS record numbers of blood donations through its do away with our outdated and unnecessary IN THE HOUSE OF REPRESENTATIVES tireless public outreach, under the outstanding leadership of its chairman, Rabbi Gershon system. Clearly, if there is no need for draft- Friday, September 5, 1997 ees, there is no need for a Federal agency to Tannenbaum. In an effort to encourage the conscript themÐand certainly not one that Mr. HALL of Texas. Mr. Speaker, I rise members of the Orthodox community to do- costs over $23 million a year. today to pay a final tribute to a close friend nate blood, Guardians has championed the f and fellow east Texas, R.W. ``Dick'' Pickens of act as a mitzvah, a moral obligation to contrib- my hometown of Rockwall, TX, who died ear- ute to the life-saving efforts of the larger com- IN HONOR OF CARL ZACK lier this year at the age of 84. Dick Pickens munity. The Orthodox Jewish community's was an extraordinary man who leaves behind prolific service to the general public is un- HON. JOSEPH P. KENNEDY II a legacy of professional and personal accom- matched in its monumental pace: last year OF MASSACHUSETTS plishment, and he will be greatly missed by alone the Guardians collected thousands of IN THE HOUSE OF REPRESENTATIVES those of us who were fortunate enough to pints of blood, at scores of locations through- know him. out Brooklyn. Each of those thousands of Friday, September 5, 1997 Born May 28, 1912, in Frankfort, OH, Dick times, an Orthodox Jew performed the mitz- Mr. KENNEDY of Massachusetts. Mr. lived in my hometown of Rockwall for the bet- vah of donating blood to save another human Speaker, I rise today to pay tribute to Carl ter part of his life. After earning a degree in being's life. Zack, to honor his 24-year commitment and mechanical engineering in 1935 from Ohio The Guardians of the Sick has an honored dedication to the health of the Sumerville, MA, State University, he went to work for the Alcoa tradition of community service, alleviating the community through his leadership at Somer- Aluminum Co. as staff engineer. He later discomfort of the sick and hospitalized mem- ville Hospital. worked for Reynolds Metals Co. and then or- bers of the community for many years. Now it Since receiving his education from Brandeis ganized the Texas Aluminum Co. in 1942, has another credit to its exemplary record: it University and the Yale School of Public over which he presided for more than 20 has extended the boundaries of its benevo- Health, Carl returned to his native Massachu- years. Because of him, Texas Aluminum won lence to benefit every citizen of the State of September 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1669 New York and beyond. The immediate suc- band, father, and grandfather and active com- foundations we forgot, of sanctuary and choir; cess of the blood drive attests to the great munity member, the best of luck during his re- this is the death of water and fire.'' For 50 need it serves: bolstering the available blood tirement. years, the foundations and sanctuaries of Je- bank for all emergency situations of life and f rome Township were not forgotten, and be- death. cause of one man's work, far fewer have suf- TRIBUTE TO KELLY S. YARDE Mayor Rudolph W. Giuliani selected the fered the death of water and fire. Guardians of the Sick for the New York City Today we honor a man who has not only Community Development Agency's 1996 Most HON. JOHN N. HOSTETTLER protected our sanctuaries, but our homes and Outstanding community-based organization OF INDIANA hearths as well; who stood by the foundations award. Today I select the Guardians' Blood IN THE HOUSE OF REPRESENTATIVES of his community and in doing so, fortified its Drive and its chairman, Rabbi Gershon Tan- Friday, September 5, 1997 stones. Fire Chief Allen Cole built the Jerome nenbaum, for special recognition in light of Mr. HOSTETTLER. Mr. Speaker, I want to Township Fire Department stone by stone, their remarkable achievements in serving hu- take this opportunity to commend Kelly S. starting 50 years ago with little more than a manity. Also I would like to commend Mr. Yarde, a charitable and compassionate soldier converted fire truck Cole kept as his wrecker Louis Glueck for his aggressive leadership, from the Eighth District of Indiana. service he'd opened in 1935. With his wife, Rabbi Shmuel Steinharter, executive director Sergeant Kelly Yarde is a dedicated soldier, Lydia, acting as a dispatcher, citizens report- for his masterly administration, and Mrs. Es- a loving father, and a committed husband. ing a fire could call Cole's garage and know ther Schoenblum, its blood drive coordinator And Kelly gives, and he gives abundantly, that help was on the way. for her dynamic zeal in making it all come to- even in times of personal hardship. In short, In an era when fire was a community's gether. Kelly is unusually charitable. greatest enemy, and was ravaging America's I hereby proclaim my incessant support and While serving under the command of the towns and cities, Allen Cole stood watch over encouragement for the heroic goals of the U.S. Army in Bosnia, Kelly witnessed firsthand Jerome Township, protecting property and citi- Guardians of the Sick Blood Drive. an often overlooked result of warÐclothless, zens from an enemy known for launching f toyless, penniless childrenÐwhile at the same deadly, surprise attacks under cover of dark- time living in less than luxurious conditions ness. A TRIBUTE TO C. WILLIAM JONES himself. Yet Kelly looked beyond his own Allen Cole was no stranger to the surprise needs and did something for the children of attacks of fire. Once, while fighting a house HON. CALVIN M. DOOLEY the war-torn land where he serves. With the fire in Homer Township, he fell through the OF CALIFORNIA help of his brother Anthony, an Evansville, IN, roof of a burning home, only to slide down the IN THE HOUSE OF REPRESENTATIVES newspaper reporter, and a hometown radio hoseÐstill battling the flamesÐand emerge station, Kelly made a public appeal to his fel- Friday, September 5, 1997 through the front door unscathed. Allen Cole low Americans to come to the children's aid. today enters retirement, but his commitment Mr. DOOLEY of California. Mr. Speaker, I Citizens from the Eighth District of Indiana and heroism will remain. rise today to recognize and honor C. William and neighboring States answered his call, and He also bestows to the community a fire de- Jones of Firebaugh, CA, who served a distin- they gave abundantly. From new basketballs partment that has grown and nourished gen- guished 20 years with the San Luis & Delta- and hundreds of new crayons and pens to the erations of firefighters to carry on his legacy. Mendota Water Authority. establishment of new friends via pen pal rela- For protecting the families of Jerome Town- Mr. Jones is a well-known farming leader in tionships, Americans gladly spent their time ship from the destructive power of fire for a and treasure for kids they may never meet. the San Joaquin Valley, which is the richest half-century, we thank Chief Allen Cole for his I'm sure Kelly would humbly wave off these agricultural-production region in the country. service and dedication, and bestow upon him Twenty years ago, Mr. Jones founded the San praises, directing our attention to who he rec- ognizes as the true heroes, the people who our highest esteem. Luis & Delta-Mendota Water Users Associa- f tion and in 1992, he oversaw the trans- generously responded to his pleas. Yet it is fit- formation of the association to the San Luis & ting to commend Kelly Yarde, a catalyst for SALUTE TO ROCKWALL ACADEMIC Delta Mendota Water Authority. The San Luis giving, an example of charity, and an exem- BOOSTER CLUB & Delta-Mendota Water Authority is comprised plary U.S. soldier serving his Nation. of 32 water agencies representing approxi- f HON. RALPH M. HALL mately 2,100,000 acres of Federal and ex- PERSONAL EXPLANATION OF TEXAS change water service contractors within the IN THE HOUSE OF REPRESENTATIVES western San Joaquin Valley, San Benito, and HON. RON KIND Friday, September 5, 1997 Santa Clara Counties. OF WISCONSIN Mr. HALL of Texas. Mr. Speaker, as our Na- During his tenure as chairman of the San IN THE HOUSE OF REPRESENTATIVES Luis & Delta-Mendota Water Authority, Mr. tion's young people return to school for the Jones ran the operations and maintenance ac- Friday, September 5, 1997 beginning of a new year, we are reminded of tivities of all Federal Central Valley project fa- Mr. KIND. Mr. Speaker, I wish the RECORD the importance of education in their lives and cilities south of the Delta, including: Tracy to state that during rollcall vote 364, on H.R. our responsibility not only to provide a quality pumping plant, Delta-Mendota Canal, O'Neill 2159, the foreign operations appropriations education for them but also to encourage their pumping plant and the San Luis drain. He also bill, I was on the floor of the House, I inserted efforts, build their self-esteem, and motivate provided leadership for the agricultural com- my voting card into the electronic voting ma- them to aspire to a standard of excellence in munity's participation in Delta issues resulting chine and voted for passage of the bill. For all that they do. in the Bay-Delta accord, Proposition 204, and some reason my vote was not recorded and This is a responsibility shared by all of usÐ the CALFED process. therefore I am listed as having not voted. by parents, teachers, school administrators, Mr. Jones' involvement in water and agricul- Please let the RECORD reflect that I was Government, and the community at large. tural issues has extended far beyond his du- present for the vote, as evidenced by my Today it is my privilege to pay tribute to a ties as chairman of the San Luis & Delta- votes on all of the preceding amendments, community organization in my home town of Mendota Water Authority. He has also found and I voted in favor of passage of H.R. 2159, Rockwall, TX, the Rockwall Academic Booster time to be active in the California State Water the foreign operations appropriations bill. Club, that was recently formed with these Commission, the Western Cotton Growers As- f goals in mind. sociation, the California Chamber of Com- A TRIBUTE TO JEROME TOWNSHIP Beginning this year, the Academic Booster merce, and the California Water Control Re- FIRE CHIEF ALLEN COLE Club will present a letter jacket patch to those source Board. students who received straight A's for two Mr. Jones is also a devoted family man. He consecutive semesters of the previous aca- and his wife, Cornelia, have three grown chil- HON. DAVE CAMP demic year. The first awards ceremony will OF MICHIGAN dren, including California Secretary of State take place on Tuesday, September 9, when IN THE HOUSE OF REPRESENTATIVES Bill Jones, who have blessed him with seven some 40 students from two middle schools will grandchildren. Friday, September 5, 1997 receive a jacket patch. The letter program is Mr. Speaker and my colleagues, please join Mr. CAMP. Mr. Speaker, the poet T.S. Eliot being underwritten by Rockwall Women's me in wishing C. William Jones, devoted hus- wrote that ``water and fire shall rot the marred League and Rockwall Newcomers Club. E1670 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 1997 The Academic Booster Club also will underfunded Federal program that often forces cating children in the Commonwealth of Mas- present awards to students whose grades im- disabled people to wait months to learn wheth- sachusetts. Ms. Meline Kasparian, president of prove, honorable mention awards to those er they qualify for benefits. After a year wait, the Massachusetts Teachers Association, who came close, and awards to inspirational she was successful in obtaining the benefits to former member of the Amherst Town Meeting, teachers. Additional club activities include pro- which she was entitled only after hiring an at- past president of the Springfield Education As- viding volunteers for school mentoring pro- torney who specialized in such cases. These sociation, and teacher of literature, writing, grams and raising scholarship funds for teach- kinds of long delays are repeated in anecdote and drama in Springfield for 25 years was lost er endowments. after anecdote. to the people of Massachusetts during the re- Mr. Speaker, we know that the quality of our The SSI Program makes an initial deter- cent August recess. Though she spent 2 years students' education is the key to both their fu- mination that presumes a person to be dis- battling cancer, her death was nonetheless ture success and to America's future in the abled if they fit certain severe disability cri- sudden and shocking to us all. global environment. We know that we must do teria. These people begin to receive SSI bene- Meline strove to ensure educational oppor- all we can to prepare our young people for the fits immediately and the SSA then has a 6- tunities for all students, without regard to their challenges of the 21st century and to promote month period to make the final determination socio-economic background. She had a pro- academic excellence in our schools. I am of eligibility using the SSA's definition of dis- found belief in the public school system. She proud of these efforts in my hometown, and I ability. knew that for thousands of children it was their ask my colleagues today to join me in saluting Being able to receive SSI benefits on the best opportunity to succeed in life and she the Rockwall Academic Booster Club and the basis of a presumptive disability determination was determined to make sure that they were outstanding students in Rockwall, TX, whose provides the disabled person with much need- given the best education possible. dedication to academic excellence deserves ed money immediately. However, for a worker Meline spearheaded reforms in her own our recognition. who has paid into Social Security and be- school systemÐinitiating the Team Approach f comes disabled, there is no comparable proc- to Better Schools in Springfield. She was also ess to identify the people that would most like- a vocal advocate during the legislative battle PRESUMPTIVE DISABILITY ly qualify for DI benefits. My legislation would for the Massachusetts Education Reform Act, remedy this problem by providing for deter- which is today helping to improve the stand- HON. FORTNEY PETE STARK minations of presumptive disability under Title ards in every public school across the State. OF CALIFORNIA II of the Social Security Act in the same man- As the representative for the teachers, IN THE HOUSE OF REPRESENTATIVES ner and to the same extent as is currently ap- Meline also showed an enormous amount of Friday, September 5, 1997 plicable under title XVI of such act. strength. She fought for better working condi- This means that if a person is found to be tions for teachersÐknowing that those were Mr. STARK. Mr. Speaker, today, I am intro- presumptively disabled under title II and meets the same conditions that our children are ducing legislation that incorporates the Sup- the requirements for entitlement benefits, the learning in. Meline knew that we need to in- plemental Security Income's presumptive dis- person will begin to receive benefits, after the vest more in our public schools in order for ability system into the Social Security Disabil- initial 5 month waiting period required before our children to succeed. ity Insurance [SSDI] program. DI benefits can be paid, for up to 6 months During my tenure in the House of Rep- The Social Security Administration [SSA] is while the final determination is being made. If resentatives I had the opportunity and privi- still confronted with a backlog of nearly 1 mil- the person is presumed eligible to receive DI lege to work with Meline. Her unwavering de- lion cases waiting for disability determination. benefits, then their dependents shall also votion to improving public education never In fiscal years 1994±96, administration re- begin to receive benefits. ceased to impress me. I will always remember quested additional funds for disability invest- If however, in the final determination, a Meline as a tireless advocate for public edu- ment funding in order to help SSA handle the claimant's impairment does not meet SSA's cation. Her energy and drive will be sorely exorbitant amount of disability claims. The ad- definition of disability, they and their depend- missed in the Commonwealth of Massachu- ministration requested $534 million for disabil- ents shall not be responsible for returning the setts. ity investment funding as part of the regular money they received during the presumptive f administrative budget for fiscal year 1996. eligibility determination period. These funds were specifically earmarked for In some instances, a person may be pre- SUPPORT MOTION TO INSTRUCT processing disability related workloads. Con- sumed eligible for SSI benefits before being CONFEREES ON H.R. 1119 gress appropriated disability investment fund- found to be presumptively disabled under title ing in the amount of $387.5 million for fiscal II. In this case, the person will still be entitled HON. JAMES A. TRAFICANT, JR. year 1996. I supported these past efforts, but to only 6 months of presumptive disability ben- OF OHIO we must do more to help these people in their efits. In most States, while receiving SSI bene- IN THE HOUSE OF REPRESENTATIVES time of urgent need. fits, a person is eligible for Medicaid. Under Friday, September 5, 1997 Social Security currently has over almost 1 this proposal, claimants who would have been million pending applications for disability bene- eligible for SSI benefits, were it not for their Mr. TRAFICANT. Mr. Speaker, last night the fits. Social Security realizes the challenge it receipt of DI presumptive disability benefits, House debated a motion I offered to instruct faces in processing an overwhelming number would be deemed eligible for SSI, making House conferees on H.R. 1119, the fiscal year of disability cases. It has made efforts within them eligible for Medicaid in those States 1998 Defense authorization bill, to retain the the past 2 years to reengineer the disability where SSI eligibility triggers Medicaid eligi- amendment I had passed to the bill authoriz- determination process. In 1995, a disability ap- bility. When the final determination for DI ben- ing the use of United States troops on our bor- plicant had to wait an average of 5 months to efits is made, the claimant loses the Medicaid der with Mexico. I urge all Members to support get an initial decision. Today, a disability appli- eligibility. Medicare will be provided to dis- this motion and support this important provi- cant can expect to wait an average of 3.5 abled workers and their dependents after they sion. I would like to share with Members some months. I commend the Social Security Ad- have been receiving disability benefits for 24 compelling reasons to support the Traficant ministration for their work in reducing the time months, including the time they were receiving amendment. a needy person must wait for a determination. presumptive disability payments. The Traficant amendment authorizes the However, there is still the need to deliver as- f Secretary of DefenseÐat the expressed re- sistance quickly. quest of the Attorney General and/or the Sec- In recent years, Congress has heard com- IN MEMORIAM OF MELINE retary of the TreasuryÐto redeploy up to plaints of deserving applicants waiting months KASPARIAN 10,000 U.S. troops to assist the Border Patrol, before receiving desperately needed funds, the INS, or the Customs Service in preventing and in some cases, dying before a decision is HON. JOSEPH P. KENNEDY II illegal aliens, drug traffickers, terrorists, and made. For example, in Arizona a disability ap- OF MASSACHUSETTS narcotics from entering the United States. The plicant was forced to leave her secretarial job IN THE HOUSE OF REPRESENTATIVES Traficant amendment merely gives the Penta- due to injuries resulting from a serious auto gon the authority to transfer troopsÐit does accident. She applied to the Social Security Friday, September 5, 1997 not require them to do anything. The transfer Administration for disability benefits to offset Mr. KENNEDY of Massachusetts. Mr. of troops could only be made if the Attorney the loss of her income. She did not realize Speaker, I rise today to pay tribute to a won- General or Treasury Secretary requests such that she was venturing into an understaffed, derful woman who dedicated her life to edu- assistance. September 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1671 The troops would only be providing support However, there are within the U.S. military he served as council for both King and Dr. and assistanceÐthey would not be directly in- certain units and personnel that have the type Ralph Abernathy. volved in any arrests or civil law enforcement of training and equipment that would be of During his lifetime, Fred Gray consistently actions. Once again, the Traficant amendment great help to Federal law enforcement along sought to right the wrongs of society. When does not mandate the redeployment of the border. Let's take a look at the types of America continued to maintain the notion that troopsÐit simply provides the President with things the U.S. military could do: transport ``separate but equal'' was fair and just, Fred that option. Under the Traficant amendment, if Border Patrol agents to points of penetration, Gray fought to prove that segregation was in- the President decides to deploy troops to the aerial reconnaissance; surveillance, intel- herently wrong. He traveled around the coun- border, the Pentagon would work with Federal ligence sharing, and inspection. try representing school children who needed law enforcement to decide how and where to Many Members have decried the potential the assistance of a skilled lawyer, and some- deploy troops. cost of deploying up to 10,000 troops to our times a few soldiers, to take advantage of the The Border Patrol has only 6,800 personnel border. Let me make a couple of points. First, same educational opportunities enjoyed by to guard the two longest borders of one of the my amendment authorizes up to 10,000. The white school children. largest countries of the world. The Federal real number, should we have a President that At a time when the voting power of African- drug czar, Gen. Barry McCaffrey, recently said decides to deploy troops to the border, could Americans was being diluted due to the gerry- that, to do the job right, the Border Patrol be 10, it could be 100, it could be 1,000. Sec- mandering of voting districts, Fred Gray fought needs 25,000 agents. It will take years to even ond, whether or not United States troops are to prevent racially motivated realignment of come close to that level. The Traficant amend- deployed on the United States-Mexican bor- municipal boundaries. His fight would take him ment represents a prudent stop-gap measure der, or deployed to Haiti, South Korea, Japan, all the way to the U.S. Supreme Court, where to bolster the Border Patrol and Customs or ItalyÐthe United States taxpayers still have he argued the famous Gomillion versus Light- ServiceÐuntil they have enough personnel to to pay their salaries, pay their benefits, pay for foot case. get the job done. But keep in mind that Con- their food, and pay to move them. The critical feature of the Gomillion case is gress and the President may never have the If Members and the Pentagon are con- that it established, in the words of the Su- political will to fund that level of personnel for cerned about the cost or concerned about di- preme Court, that ``even the broad power of a the Border Patrol and Customs Service. verting troops from other missions, then the state to fix the boundaries of its municipalities We have United States troops currently Congress should work out a program whereby is limited by the Fifteenth Amendment, which being paid by the United States taxpayer that we transfer troops from less pressing mis- forbids a state to deprive any citizen of the are defending Haiti, Bosnia, Europe, and sionsÐsuch as Haiti and Bosnia and bring right to vote because of [their] race.'' There- Japan. Why not bring a small number of those them home to America. Right now, the troops fore, the Gomillion case set a precedent for all troops with specific skills home to protect we have in Haiti and BosniaÐmore than others, and not only a affected the State of America from drugs and narcoterrorists? 7,000Ðwould be unavailable for deployment Alabama, but also every State in the Union. That's what the Traficant amendment is all in the event of a conflict on the Korean Penin- Essentially, the case protected the rights and about. sula or the Persian Gulf. All I am saying is, effectiveness of African-American voters. Over the past year, Border Patrol agents why not transfer troops currently stationed in Further, Fred Gray actively participated in have been shot at from the Mexican border. Haiti, and places like Bosnia to our own bor- overcoming other significant challenges facing General McCaffrey has been threatened by der? African-Americans. He was an integral compo- the drug cartel. Most disturbingly, cocaine and It's time for Congress to stop talking about nent of the civil rights movement, fighting heroin continue to pour into this country the war on drugs and start doing something to courtroom battles that would impact the lives through Mexico. Our children are being win it. I urge Members to support the Traficant of all African-Americans. Such a battle mani- poisoned by these narcotics. Communities are amendment and the motion to instruct con- fested itself in the form of the Tuskegee being destroyed by drugs. Whole generations ferees. Syphilis Study case in the summer of 1973. of Americans are being lost to gangs and f From 1932 to 1972, the Government drug-related violence. Our prisons are over- unethically studied the effects of untreated flowing with young Americans convicted of RECOGNIZING FRED GRAY: A syphilis on African-American males in drug-related crimes. We are under siege. CIVIL RIGHTS PIONEER Tuskegee, AL. In July 1972, the New York In my view, drugs pose more of threat to Times exposed the study, which subsequently national security than the situation in Haiti, HON. LOUIS STOKES was halted by Federal order. However, the Bosnia, or Japan. Yet have thousands of OF OHIO damage was already done. troops deployed overseasÐsupposedly to pro- IN THE HOUSE OF REPRESENTATIVES The Government had used 399 black men tect our national security. Some have argued as guinea pigs in order to study the effects of that deploying troops along our border will de- Friday, September 5, 1997 syphilis. The men did not know they were in- tract from military readiness. I don't buy that Mr. STOKES. Mr. Speaker, I recently re- fected, nor did they realize that the treatment argument, especially when we have United ceived a letter from a good friend, Mr. Charlie which could have cured them was intentionally States troops in Haiti giving dog vaccinations, Black. In his letter, Charlie reminded me about withheld. When the men from the Tuskegee building homes, and directing traffic. How the life and contributions of an extremely dedi- Syphilis Study needed an attorney, they went does that add to readiness. We recently had cated and talented civil rights attorney, Fred to Fred Gray. Gray brought the case to trial United States troops in Bosnia retreat from a D. Gray. and eventually gained a $9 million settlement bridge because of a rock throwing mob. How When people pause to reflect on the civil for the survivors and their families. does forcing U.S. combat troops to retreat rights movement, many remember the con- Moreover, the Tuskegee case changed re- from mobs contribute to military readiness? tributions of people like Rosa Parks and Mar- search practices on human subjects in the The military claims that they do not support tin Luther King, Jr. But few realize the con- United States. As a direct consequence of the Traficant amendment. Let me remind tributions of countless others, who were, and Fred Gray's efforts, the National Research Act Members that in this country we have civilian continue to be, instrumental in the movement was signed into law in 1974. The act created control of the military. The military executes for racial justice and equality. the national Commission for the Protection of the will of the people through the Congress of Fred Gray is one of these figures. Through- Human Subjects of Biomedical Behavioral Re- the United States and the President. The truth out his life, Mr. Gray has always taken an ac- search. From this, basic principles of research is, if the military can build houses, direct traf- tive role in the advancement of the civil rights conduct were established and the informed fic, and give rabies shots in Haiti, they can movement. Of his many notable contributions, consent of those participating in federally fund- provide some assistance to Federal law en- some may remember the work of Fred Gray ed research was made a requirement. forcement in patrolling our border. when he served as council for Rosa Parks. As Mr. Speaker, it is with great pride that I re- I want to emphasize that the Traficant her attorney, Gray helped Parks defend her member and share the life of Fred Gray. Mr. amendment in no shape or form changes right to sit where she wanted to on a publicly Gray is an outstanding man who remains ac- Posse Comitatus. Under the Traficant amend- segregated Alabama bus. tive in his church, his community, and the law. ment, if troops are used to assist the Border Still others may remember meeting attorney Currently, Fred Gray works with his two sons Patrol and Customs Service they would not Fred Gray when they met the late Dr. Martin and acts as managing partner of the have arrest powers and they would not have Luther King, Jr. Gray was present when Rev- Tuskegee law firm Gray, Langford, Sapp, the authority to engage in law enforcement erend King, then a young man, was chosen to McGowan, Gray & Nathanson. In addition, he functions. lead civil rights initiatives in Alabama. Later, is also involved in facing new challenges E1672 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 1997 which threaten the accomplishments of the panion program in Niagara County, NY, will also for what he has done for this fine commu- civil rights movement. I encourage my col- honor 160 senior companion volunteers for nity. leagues and everyone across the Nation to giving 110,000 hours of service to their fellow Buck, I wish you a happy birthday. Though learn more about this attorney who spent his seniors during the past year. They will also be I missed this celebration, reserve me a seat life fighting for equality in America. celebrating their 17th anniversary of volunteer for your 100th birthday celebration. f service to the residents of Niagara County. f This outstanding program is sponsored by the STATEMENT FROM THE NEW YORK Health Association of Niagara County, Inc. MOTION TO INSTRUCT CONFEREES STATE CATHOLIC WAR VETERANS [HANCI] and is a program of the Corporation ON H.R. 1119, NATIONAL DEFENSE for National Service with additional funding AUTHORIZATION ACT FOR FIS- HON. SUE W. KELLY from the New York State Office for the Aging CAL YEAR 1998 OF NEW YORK and the United Way. SPEECH OF IN THE HOUSE OF REPRESENTATIVES Senior Companions deserve our applause, Friday, September 5, 1997 respect, and recognition for the countless HON. RALPH M. HALL hours of love, compassion, and dedicated Mrs. KELLY. Mr. Speaker, the following was OF TEXAS service to the frail elderly and their families in IN THE HOUSE OF REPRESENTATIVES forwarded to me by Joseph R. Farina of New our community. Whether by kind deed or Thursday, September 4, 1997 Windsor, who is the New York State chairman word, they brighten the lives of so many indi- of the American-Catholic War Veterans. I am viduals as they help to ease the burden of ill- Mr. HALL of Texas. Mr. Speaker, I rise in inserting his statement into the CONGRES- ness or loneliness through their outreach. strong support of this motion to recommit. It is SIONAL RECORD: Therefore, I am proud to have this oppor- crucial that the conference report retain the I wish to compliment the Congressional tunity to acknowledge this special group of Traficant language authorizing the use of our members of this committee (Congresswoman senior citizens in the 29th Congressional Dis- military forces to protect our Nation's borders Kelly, Congressman Gilman, Congressman Hinchey and Congressman Shays) for their trict of New York in honor of Senior Compan- from illegal immigration and drug trafficking. sincere concern and probing questions in ex- ion Day, September 11, 1997, in Niagara It's time to face the fact that we are losing tracting the truth from those who are testi- County, NY. the war against drug infiltration into this coun- fying at this hearing. f try and that our Border Patrol is too few in The reduction of the Castle Point VA facil- numbers to guard our borders. We have 6,600 ity from a hospital to an outpatient clinic TRIBUTE TO ROCKY MOUNT’S Border Patrol personnel to do the work of has devastated the veterans of the Hudson BUCK LEONARD 20,000. Congress has mandated hiring 1,000 Valley who depend so much on the health Border Patrol agents a year, but the Immigra- care supplied by this facility. The statements made by Mr. James HON. BOB ETHERIDGE tion and Naturalization Service is having a Farsetta, Director of Veterans Integrated OF NORTH CAROLINA tough time hiring that numberÐand it will take Service Network 3, were very disturbing to IN THE HOUSE OF REPRESENTATIVES another 10 years to reach the level of border say the least. support that we need. Friday, September 5, 1997 Farsetta, who at first denied that his re- If we can send our troops to Europe, Haiti, duction in staffing and services were tied to Mr. ETHERIDGE. Mr. Speaker, I regret that and to Bosnia, we can certainly send them to cuts in spending, later amended his state- I cannot be there all in person today for these help protect our own country against criminal ment confirming that he received an annual special events in Rocky Mount wishing Buck encroachment. Our troops would provide the bonus based in part on reductions in spend- Leonard a happy 90th birthday and unveiling ing and direct patient care to veterans. This support and assistance that we needÐa visi- entire incentive procedure designed by the a historical marker in his honor. ble presence that would have tangible results. VA and implemented by Farsetta placed Everyone in Rocky Mount knows of the Critics of this language argue that it would greed of the almighty dollar at the expense many talents of Hall of Famer Buck Leonard. raise all sorts of questions about jurisdiction of veterans who gave the prime years of their I recently read a description of Buck Leonard. and personal liability. These are issues that lives in selfless devotion and pride to their It said that ``trying to sneak a fastball by Buck can be resolved by the Department of De- country. was like trying to sneak a sunrise past a roost- fense, Justice, and INS. They are small prob- The bonus induced, costs cutting proce- er.'' Buck Leonard began his baseball career lems compared to the seemingly insurmount- dures implemented by the VA has resulted in as a semipro star right there in Rocky Mount, patient neglect, errors in treatment, staff able flow of illegal drugs into this countryÐa and service reductions, and failure to re- but was soon forced to leave Rocky Mount problem that costs lives and money and liveli- spond to veterans concerns. during the Depression to chase his dream of hoods and threatens the safety and security of I compliment Congresswoman Kelly for ex- playing professionally. our families. tracting the truth from James Farsetta and What he accomplished is truly amazing. We also should not be misled by the issue having him admit to his bonus arrangement. Buck Leonard led his team to nine consecu- of funding. We are already paying our military Congressman Christopher Shays had every tive Negro National League championships for food and shelter and salaries. We might as right to read into the Record a statement from 1937 to 1945. Buck led the Cum Posey recognizing James Farsetta’s 29 years of de- well use this valuable resource here at home voted service to the VA. But, I take excep- Grays to back-to-back World Series Cham- and focus as much effort on protecting our tion to his statement. I condemn Farsetta’s pionships in 1943 and 1944. In 1947, he bat- borders against criminal activity as we do in action in accepting a bonus based on reduc- ted .410, and in 1948, he led the league in protecting other countries. tion in services and medical assistance to batting and tied for the lead in home runs I urge my colleagues to support this motion veterans. A bonus which was earned at the while leading his team to yet another World to recommit with instructions. expense of the health of veterans who have Series title. He was always a fan favorite and f already suffered so much hardship and pain became a fixture in the annual East-West All- in their lifetime. Star classic, setting yet another record by A TRIBUTE TO RALPH W. MCBANE All we ask if to stop hurting the veterans, we have been hurt enough. Be a little consid- playing in 11 All-Star games. erate and let us go out with some compas- I only wish that the whole world could have HON. ROBERT W. NEY sion and dignity. seen the talents of Buck Leonard in the major OF OHIO f leagues. Although that national recognition IN THE HOUSE OF REPRESENTATIVES came too late for Buck Leonard, he is en- TRIBUTE TO THE NIAGARA shrined today in the National Baseball Hall of Friday, September 5, 1997 SENIOR COMPANION PROGRAM Fame in Cooperstown. There is no player Mr. NEY. Mr. Speaker, I commend the fol- more deserving of that great honor than Rocky lowing article to my colleagues. HON. JOHN J. LaFALCE Mount's own Buck Leonard. Ralph W. McBane, of Bergholz, OH, has OF NEW YORK Though Buck was forced to leave Rocky been a pillar of the community for over 50 IN THE HOUSE OF REPRESENTATIVES Mount to pursue his professional career, he years. Born and raised in Bergholz, Mr. never forgot his beloved hometown. It is only McBane returned to his hometown after at- Friday, September 5, 1997 fitting that today, the city of Rocky Mount hon- tending Mount Union College to work in his Mr. LAFALCE. Mr. Speaker, on Thursday, ors Buck Leonard not merely for his many family's insurance business, McBane Insur- September 11, 1997, the Niagara Senior Com- baseball talents and accomplishments, but ance Agency. He has led this company for September 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1673 more than 50 years, and has been integral to Salps are associated with open water habi- The October 1996 recipient of the Women the agency's substantial growth and success. tat, unobstructed with ice, while krill's repro- of Spirit Award is Beth Berkebile. After grad- Mr. McBane's efforts in the insurance industry ductive success is linked to increased ice cov- uating from Carlow College, Ms. Berkebile have been rewarded with commendations erage. In the past 50 years, atmospheric went on to become coowner of Randall's Res- from Buckeye Union Insurance Company, Cin- warming over the Antarctic Peninsula region taurant in Perryopolis. Graced with one beau- cinnati Insurance Company, Westfield Compa- has resulted in a decrease in sea-ice forma- tiful daughter of their own, Ms. Berkebile and nies, and Mennonite Mutual. tion during winter months. Because of this, krill her husband adopted two children from the Ralph McBane's leadership in the insurance abundance since the mid-1980's has been former Soviet Union. Ms. Berkebile ensured and banking industries is matched by his lead- greatly reduced compared to earlier years, that her new children would learn English by ership and dedication to the Bergholz commu- while the springs and summers following these teaching them herself. Her son Sergey, just 1 nity. He has been active in the Bergholz Civic warmer winters have seen massive salp year out of Russia, is making A's in reading. Club and is also a founding member of the swarms. Since these salps compete with krill Tradition dictates that there be one Women Bergholz Ruritan Club, Bergholz Community for phytoplankton, there is a further negative of Spirit for each month of the year. Joan Improvement Corp., and the Bergholz Com- feedback from warmer winters affecting krill Brest Friedberg and Elizabeth Segel are an munity Foundation. In addition, he has served populations. This regional warming may be exception because of their innovative program his church, Trinity United Presbyterian, as an significantly altering the Antarctic food chain Beginning with Books. Beginning with Books is elder, trustee, and Sunday school teacher. from one dominated by krill, supporting a vari- an early intervention program that works hand McBane has proven his commitment to im- ety of vertebrate predators, to one dominated in hand with the Carnegie Library and is tar- proving the Bergholz community by serving as by salps, effectively breaking the food chain. geted at low-income families with young chil- president of each organization. Whether it be This research is extremely valuable, not dren. Ms. Friedberg has worked with other au- through his insurance company or his civic du- only in providing information important to the thors on the subject of quality books, has writ- ties, Ralph McBane has worked consistently to management of krill harvesting, which is cur- ten ``Super Storytimes: A Guide for Care make Bergholz a better place to live. rently conducted by Japanese, Polish, and Givers,'' has served on many boards, and has Mr. McBane has taught Bergholz and Car- Ukraine trawlers, but also as insight into the presented at the National Association for the roll County about the importance of volunteer- possible devastating effects of global warming Education of Young Children. Ms. Segel has ing and dedication to one's community. He on the oceans that may occur in addition to coauthored a book, published several articles, leads by example. decreased ice development and sea level rise. served on various committeesÐincluding the Mr. Speaker, I ask that my colleagues join The fact is that krill populations are already af- Hans Christian Andersen Award Committee me in thanking Ralph McBane for his service fected by ocean warming, making them, and and the Altruistic Projects Committee of the to Bergholz, OH, and to congratulate him as the species that rely on them, further suscep- International Reading AssociationÐand taught he is honored by the Bergholz Community tible to human perturbations. children's literature at the University of Pitts- Foundation with a ``Hats Off To Ralph'' This research, and the hundreds of other burgh. evening. I wish Ralph McBane continued suc- marine research projects conducted in my dis- The Leukemia Society of America is ex- cess, health, and prosperity. trict and around the world, are of great impor- tremely fortunate to have Jeanne Caliguiri, f tance for us to understand and properly con- winner of the December 1996 spirit award, serve the health of our planet, 71 percent of OCEAN RESEARCHER LINKS GLOB- serve as the director of Major Gifts. Her direc- which is covered by oceans. We can no AL WARMING WITH DEGRADA- tion and service on various Pittsburgh boards, longer live in ignorance of the important links TION OF VITAL ANTARCTIC ECO- including the Pittsburgh Opera and the Salva- between ourselves and the oceans. I urge my SYSTEM tion Army, shows her interest in the region colleagues to support America's leading role in and its community. Ms. Caliguiri is also inter- HON. SAM FARR ocean research and conservation, and to rec- ested in promoting the safety and well-being ognize and give credit to researchers such as of children throughout southwestern Penn- OF CALIFORNIA Dr. Loeb for their great efforts in improving our IN THE HOUSE OF REPRESENTATIVES sylvania as a founding member of Girl's Hope understanding of the magnificent oceans, and and a board member of the George Junior Re- Friday, September 5, 1997 clarifying how humans impact vital ocean re- public for boys. Her most impressive achieve- Mr. FARR of California. Mr. Speaker, I sources. ment to date is the foundation of the Richard would like to take this opportunity to applaud f S. Caliguiri Amyloidosis Research Fund, for the research efforts of the many marine re- HONORING THE CARLOW COLLEGE which she has raised $600,000. searchers in the Monterey Bay area and WOMEN OF SPIRIT American Law is the centerpiece of the around the world, who are dedicating them- Honorable Kate Food Elliott's life. A member selves to the task of exploring and under- of the Superior Court of Pennsylvania and the standing the ocean environment, and the criti- HON. WILLIAM J. COYNE OF PENNSYLVANIA January 1997 Woman of Spirit winner, Ms. El- cal links between marine ecosystem health IN THE HOUSE OF REPRESENTATIVES liott serves as cochair of the Pennsylvania Bar and human activities. In particular, I would like Association's Women in the Profession Con- to recognize the work of a scientist from my Friday, September 5, 1997 ference. She is on the board of advisors for district, Dr. Valerie Loeb. Mr. COYNE. Mr. Speaker, I rise today to Successful Women, Lawyers Concerned for This summer, Dr. Loeb, an adjunct profes- honor women that surpass all with their splen- Lawyers of Pennsylvania, and Step-by-Step, a sor at Moss Landing Marine Laboratories, had dor and grace. They are the Carlow College community-based mental health organization. her research featured on the front cover of the Women of Spirit. Shampoo and psychotherapy go hand in British scientific journal, Nature. For the past Founded in 1929, Carlow College has dedi- hand for February, 1997 Women of Spirit win- 10 years Dr. Loeb, her students and col- cated itself to the spirit of involvement and ner, Dr. Lois Dabney-Smith. In 1975, Dr. leagues, have been studying the link between making a difference. The Women of Spirit Smith had just given birth to twins and de- environmental variations and the dynamics of Award highlights the achievements of Pitts- cided that she needed to return to work. Her the Antarctic food chain, particularly changes burgh area women who exemplify competence husband fashioned a small room in the rear of in abundance of krill and other zooplankton. and compassion in their communities, profes- their home as a minisalon and Lois began to Krill, which are small, herbivorous, shrimp-like sions, and personal lives. The Women of Spirit style hair. She explains her successful transi- crustaceans, provide the basis for the animal Award recipients can be found in almost every tion from beauty shop owner to food web in the southern ocean, and are a profession in the region. Both the Women of psychotherapist as a natural. Women would vital food source for many whale, fish, pen- Spirit Award recipients and Carlow College walk into her salon and talk about the horrific guin, and other vertebrate species in the sea- embody the values that we wish to foster in behavior of their husbands who drank too sonal sea-ice zone. Another abundant our children, and they provide admirable role much or couldn't keep a job. She enrolled full planktonic herbivore, salps, are jelly-fish-like models for young women in Allegheny County time at the University of Pittsburgh and re- organisms which, in contrast, have few known and around the world. The year culminates in ceived her doctorate in 1980. Today, Dr. predators, and are associated with open water an annual gala to honor the award recipients Dabney-Smith is a nationally recognized ex- habitats. Dr. Loeb and her coworkers have of the previous year. This year's gala will be pert on intervention. identified patterns of abundance of krill and held on Saturday, September 27, 1997. I wish Sister Michelle O'Leary embodies Carlow salps as they relate to environmental changes to speak about each of these remarkable College's spirit and is the March 1997, winner in the area. women today. of the Women of Spirit Award. As a Sister of E1674 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 1997 Mercy, Michelle O'Leary is part of a proud tra- the Jewish Healthcare Foundation of Pitts- time for the citizens of northern Indiana. While dition of holy women that have served Pitts- burgh. serving on duty during the evening of Monday, burgh for 150 years through the Mercy Health Mr. Speaker, all of these women are mod- August 25, Officer Deguch made a self-initi- System and at Carlow College. Sister O'Leary ern day role models, and their contribution to ated stop to investigate something he found is president of the Ireland Institute of Pitts- our community helps to make Pittsburgh a suspicious. Suddenly and without warning, burgh, which was founded in 1989 to promote wonderful place to live. Women of Spirit can Paul was shot several times. Sadly, he died at western Pennsylvanian interaction in the politi- be found every day, but Carlow College allows St. Joseph County Medical Center shortly cal, economic, and social stability of Ireland them to shine. Each and every individual that thereafter. and Northern Ireland. I have spoken about has energy, enthusiasm, Mr. Speaker, Paul was a great family man Selflessness is a quality that embodies a intelligence, compassion, and competence that and a talented police officer. He was a de- Woman of Spirit and Lucille Rawson dem- is unmatched. I salute this year's Woman of voted husband and father, and it was very onstrates this with her service to Pittsburgh Spirit Award recipients and wish them the best clear to all who knew Paul that his family was and the world. That is the reason she has at this year's gala. always his No. 1 priority. He enjoyed playing been named the April 1997, recipient of the f with his children, building their treehouse, Woman of Spirit Award. For years, Ms. tending his garden, enjoying his other hobbies Rawson has served as owner and operator of TRIBUTE TO THE 25TH ANNIVER- including wine making, and exercising at Hospital Albert Schweitzer that serves the SARY OF LEISURE MANOR HOUS- Lynch's Gym in South Bend. Having been a poor in Haiti. She also served as host to Hai- ING COMPLEX star high school and college athlete, he en- tians in the United States. One of her more joyed taking his family to ``The Cove'' for a notable services was as treasurer of the Bryn HON. DAVID E. BONIOR baseball game, and teaching his three young Mawr Vassar Book Club, which provides OF MICHIGAN children how to play T-ball. Additionally, Paul scholarships to needy students. IN THE HOUSE OF REPRESENTATIVES attended St. Mary of the Assumption Catholic Mary Molyneux is the Carlow College Friday, September 5, 1997 Church and was a member of the Fraternal Woman of Spirit for May 1997. After the death Order of Police Lodge No. 36. of her husband, Ms. Molyneux kept up the Mr. BONIOR. Mr. Speaker, 25 years ago, Paul's wife, Annette, his family, friends, and family business of Molyneux Tile and Carpet on October 1, 1972, Leisure Manor, in the city coworkers will miss his infectious smile, his Store and expanded it to three locations. Ms. of St. Clair Shores, began opening its 120 laugh, and his ability to bring sunshine to the Molyneux also owns a religious gift and book doors to residents. The residents and the most cloudy day. He was a role model as a store. She earned her certificate in pastoral community are proud to recognize the anniver- police officer and as a public servant, and a ministry at Carlow College and has performed sary of the opening on September 11. They role model for adults and children alike. Our her ministry at St. Margaret Memorial Hospital will honor this happy occasion with an after- hearts and spirits are burdened by the loss of in Pittsburgh. She has also created a volun- noon celebration on the Leisure Manor a true and dedicated friend. Paul's death re- teer group at that hospital. Moreover, she has grounds. minds us of the dangers that all law enforce- done all this and raised four children. In 1965, the St. Clair Shores Housing Com- ment officers bravely and constantly encoun- The June 1997, Woman of Spirit is Sandra mission was organized to administer federally ter. McLaughlin, a senior vice president of Mellon subsidized rental assistance programs. Their Mr. Speaker, Paul's 5-year-old son, David, Corp. Ms. McLaughlin heads Mellon's Cooper- goal was to provide affordable housing for summed up our feelings best, ''At my Daddy's ate Affairs Department and she chairs the families, senior citizens, and those who are funeral, everyone will be sad.'' I want his en- board of the Mellon Bank Foundation and the handicapped or disabled. Until the commission tire family and friends to know that we share Corporate Contributions Committee. Over the constructed Leisure Manor, the city of St. Clair their loss and their grief. We will remember years, Ms. McLaughlin has moved from a tell- Shores did not offer subsidized rental assist- Paul Deguch as a kind and caring community er to a very senior position in this company. ance programs for senior citizens. leader, an irreplaceable member of our city, She is also very involved in a number of com- Leisure Manor is more than an apartment whose memory will inspire us forever. munity organizations. complex, it is a community. The residents Kay Snyder, July 1997's award recipient, enjoy the social atmosphere and community f earned her masters degree in social work from environment. Leisure Manor allows tenants to the University of Pittsburgh. A widow who share with neighbors a community room with FOREIGN OPERATIONS, EXPORT raised three daughters, Ms. Snyder is known kitchen facilities, laundry rooms, library, card FINANCING, AND RELATED PRO- as one of the most gentle and warm people at shop, and lounges. The complex also encour- GRAMS APPROPRIATIONS ACT, Allegheny General Hospital. Ms. Snyder had a ages residents to take part in social activities 1998 knack for trauma social work, and she rapidly such as bingo, card games, catered dinners, became a valued member of the hospital staff. and trips. SPEECH OF Today she operates the injury prevention pro- During the past two and a half decades, Lei- gram at Allegheny General. She is an inspira- sure Manor has provided senior citizens with HON. CORRINE BROWN tion to us all and a true woman of spirit. a safe and happy community. I hope that in OF FLORIDA August 1997 is highlighted with Women of the future, more subsidized housing develop- IN THE HOUSE OF REPRESENTATIVES Spirit Award winner Dorothy Davis of Dickie, ments will follow Leisure Manor's lead. I would Thursday, September 4, 1997 McCamey & Chilcote, a Pittsburgh-based law like to extend my congratulations and best firm. She is an accomplished professional who wishes to the tenants, employees, and all the The House in Committee of the Whole still works time into her day for volunteer ac- people who have made the Leisure Manor ex- House on the State of the Union had under tivities as director of the Mt. Lebanon Ex- perience possible and enjoyable. consideration the bill (H.R. 2159) making ap- tended Day Program and as a volunteer for f propriations for foreign operations, export fi- the Girl Scouts of southwestern Pennsylvania. nancing, and related programs for the fiscal A graduate of Carlow College and the Univer- IN MEMORY OF OFFICER PAUL year ending September 30, 1998, and for other sity of Pittsburgh Law School, Ms. Davis has DEGUCH purposes: continued to be active in these institutions. Ms. BROWN of Florida. Mr. Chairman, I rise September 1997's Women of Spirit Award HON. TIM ROEMER today in support of H.R. 2159 and to share my winner serves the public interest. Karen Wolk OF INDIANA thoughts and observations with my colleagues Feinstein has served on the faculty of major IN THE HOUSE OF REPRESENTATIVES concerning various aspects of this important universities across the country including Bos- legislation. As my colleagues know, numerous ton College and Carnegie-Mellon University. In Friday, September 5, 1997 articles in the Wall Street Journal, New York addition to the boards she sits on at National Mr. ROEMER. Mr. Speaker, I rise today to Times, and other leading newspapers recently City Bank, Shadyside Hospital, and Carlow express my sorrow over the tragic loss of Offi- reported the retreat of some large American College, Ms. Feinstein is also a member of the cer Paul Deguch, a good friend and an out- companies from Ukraine. I am pleased to University of Pittsburgh Health Science Wide standing public servant from South Bend, IN. know that the fiscal year 1998 foreign oper- Panel on Medical Ethics. Her last position was I know Paul from when we worked together on ations appropriations bill moves to address a senior VP of the United Way, Allegheny the Impala sports program for children in pub- this problem by conditioning United States for- County. She currently serves as president of lic housing in South Bend. This is truly a sad eign assistance to Ukraine to economic reform September 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1675 and the elimination of corruption, allowing RECOGNIZING THE LIFE OF BETTY nancing, and related programs for the fiscal American companies to compete on a more SHABAZZ year ending September 30, 1998, and for other purposes: level playing field. SPEECH OF As the representative from Florida's Third Mr. BENTSEN. Mr. Chairman, I rise to sup- Congressional District, it is important for me to HON. LOUIS STOKES port the fiscal year 1998 foreign operations know that north Florida's international busi- OF OHIO appropriations bill, especially the $3.1 billion in nesses can flourish without unnecessary inter- IN THE HOUSE OF REPRESENTATIVES aid to Israel. ference. Some 2 years ago, when a north Wednesday, September 3, 1997 Especially at this critical juncture of the Florida company, Itera International Energy peace process, the United States must con- Mr. STOKES. Mr. Speaker, I want to thank tinue to support Israel and help assure its se- Corp. needed Ukraine to honor business con- my colleague, the gentlelady from the District curity as it takes the very difficult steps need- tracts worth many millions of dollars, I wrote to of Columbia, Representative ELEANOR HOLMES ed to secure peace. Any cuts in foreign aid to then Secretary of State Christopher requesting NORTON, for hosting this special order. We join Israel now could damage Israel's security, its his assistance, met with Ukraine's Ambas- ELEANOR as she pauses to pay tribute to her sador in Washington, and wrote several letters special friend and one of this Nation's great negotiating posture, and the peace process, to Ukraine President Kuchma. leaders, the late Dr. Betty Shabazz. It is more as well as other United States interests in the than fitting that we acknowledge the passing region. As one of the United States strongest Later, in December 1996, I traveled to the of this distinguished and gifted individual. allies and the only true democracy in the Mid- former Soviet Union to personally examine the The passing of Dr. Betty Shabazz leaves us dle East, Israel is certainly deserving of this business climate for American businesses in to mourn a mother, educator, and human support. This is especially true as Israel faces the region. It was a tremendously informative rights leader. Betty was a young mother when renewed threats of terrorist attacks such as and educational experience, meeting with our she witnessed the brutal assassination of her those on the Mahane Yehunda market place U.S. Ambassadors, foreign government offi- husband, Malcolm X, in 1965. She moved on July 30, 1997 and on the Ben Yehuda pe- cials, and U.S. business leaders. I was par- from the shadows of her husband's life to be- destrian mall just yesterday. I condemn these ticularly interested in the energy sectors of come a leader in her own right. At a memorial cowardly attacks, which underscore the need these countries because Itera, headquartered service which was held in her honor, Dr. Betty for continued United States assistance and co- in Jacksonville, is actively engaged in the mar- Shabazz was remembered as an educator, operation in ensuring Israel's security. keting of natural gas to Ukraine and other college administrator, child advocate, civil I want to emphasize that foreign aid to Is- countries of the former Soviet Union. I also rights leader, keeper of Malcolm X's legacy, rael is in the United States' strategic and eco- and nurturing mother. These words describe was interested in other areas of trade and de- nomic best interest. Israel is the most reliable an individual who rose above every challenge ally of the United States in the Middle East velopment for northern Florida, particularly which confronted her. By doing so, she taught and continued foreign aid funding will maintain transportation, agriculture, and tourism. Fur- us a valuable lesson about courage, compas- a solid partnership with the United States. Be- ther, as a representative of the American tax- sion and dignity. cause of the depth of the United States-Israel payer, I wanted to ensure that U.S. foreign as- I also had the opportunity to know this great relationship and the permanence of Israel's sistance was the most cost effective and was lady during her lifetime. She was intelligent, used for the purpose for which it was pro- personable, and someone whom I deeply ad- democracy, the United States knows we can vided. mired. My wife, Jay, and I both always en- depend on Israel in a crisis. By its continued joyed seeing and talking with her, usually at support of Israel, the United States honors a I learned that the same problems that have the annual Congressional Black Caucus An- historic commitment to a fellow democracy plagued Itera have plagued many other Amer- nual Weekend here in Washington, DC. Her with which we share unique security, eco- ican companies. Contractual agreements, ac- devotion to her family and the legacy of Mal- nomic, and cultural ties. counting methods, and political attitudes are colm X was something we admired. We also I am especially pleased by the growing rela- some of the many areas where there is room admired the manner in which she persevered tionship between Israel and my State of for differences of opinion, corrupt practices, and acquired her education and became dis- Texas. Texas and Israel are substantial trad- and a difficult dialog. tinguished in her own right. ing partners, sharing economic interests in All of this made me realize what is most im- Mr. Speaker, President Clinton praised Dr. telecommunications, medical technology, high- Shabazz as an extraordinary woman whose portant in the former Soviet Union: for old gov- technology computers, and agriculture. In life is an inspiration to all of us. We are sad- ernment institutions to give way to young, pri- 1996, Texas exports to Israel totaled nearly dened to lose the remarkable gift and vision of $580 million in goods and services, which rep- vate companies that can create new global Dr. Shabazz. We also recognize the fact that markets. In the process, business contracts resented an 89 percent increase since 1995. Betty's family is in need of our prayers in the With regard to medical technology, Israel and must be fulfilled. When private enterprise is days ahead. I express my sympathy to her Texas have established many joint research not allowed to flourish, government corruption family, ELEANOR, and many others who shared programs. For example, the Texas-Israel Tele- is often a primary reason. a close personal friendship with Dr. Betty medicine Exchange has brought together the Shabazz. While her death leaves a void, we Itera, for example, despite the odds against Texas Children's Hospital in Houston and the know that Dr. Shabazz has left a legacy that it, is an adaptable, entrepreneurial company Rabin Medical Center in Petach Tikvah in de- will stand the test of time. which has been able to market natural gas to veloping a telemedicine framework for Israel's f the former Soviet Union by establishing busi- hospitals and health care clinics. As this part- ness and personal relationships so necessary FOREIGN OPERATIONS, EXPORT nership continues to develop, new business for business in the region. I am informed that FINANCING, AND RELATED PRO- opportunities will make the economies of Itera is not actively engaged in a joint venture GRAMS APPROPRIATIONS ACT, Texas and Israel stronger and more competi- with the Government of Armenia and Russia's 1998 tive in the 21st century. largest gas company, to provide enhanced The United States has a strong national in- natural gas transportation and distribution fa- SPEECH OF terest in bringing peace, stability, and eco- cilities in Armenia. This will provide strong HON. KEN E. BENTSEN nomic growth to one of the most strategic and support for the economic well being for the OF TEXAS potentially destabilizing regions of the world. The United States can best achieve these people of Armenia and the region. IN THE HOUSE OF REPRESENTATIVES goals by continuing its commitment to ensur- I will continue to work with my constituents Thursday, September 4, 1997 ing Israel's security. I urge my colleagues to to expand commerce around the worldÐto the continue a proud tradition of support for Israel benefit of all citizens. This will, I believe, con- The House in Committee of the Whole House on the State of the Union had under and to recognize that our Nation's national in- tribute to peace in our time and to peace for consideration the bill (H.R. 2159) making ap- terests will be reinforced by voting for this ap- future generations. propriations for foreign operations, export fi- propriation. E1676 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 1997 CONGRESSIONAL TRIBUTE TO service. Mr. Ryan, your outstanding leadership HIGHER EDUCATION MADE MORE MIKEL RYAN and ceaseless efforts have laid a solid founda- AFFORDABLE tion for the development of range policies. We HON. STENY H. HOYER offer our thanks and appreciation for a job well HON. RON PACKARD OF MARYLAND done and wish you continued success in the OF CALIFORNIA future. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Friday, September 5, 1997 f Friday, September 5, 1997 Mr. HOYER. Mr. Speaker, I rise today to Mr. PACKARD. Mr. Speaker, with global recognize Mikel Ryan for his contribution to UNITED STATES AIRMEN HELD IN technology and competition what it is today, a the national defense and economic health of GERMANY’S BUCHENWALD CON- quality education is more important than ever. the United States. Mr. Ryan has displayed CENTRATION CAMP DURING Middle-class families work hard day-in-and- outstanding leadership in a wide ranging civil WORLD WAR II day-out in order to save enough money to af- service career that culminated as Chairman of ford college for their children. They should not the Department of Defense Range Command- be punished by a perverse Washington tax er's Council Frequency Management Group. HON. DAVE WELDON Mr. Ryan received a B.A. in telecommuni- system that demands more and more money cations from the University of Northern Colo- OF FLORIDA from families. They should be allowed to keep rado in 1981, and has done graduate work in IN THE HOUSE OF REPRESENTATIVES more of their money. After all, it is their telecommunications at Colorado State Univer- money. sity. Friday, September 5, 1997 Fortunately, furthering one's education after high school has just been made more afford- On August 26, 1997, Mr. Mikel Ryan com- Mr. WELDON of Florida. Mr. Speaker, on pleted his 2-year tenure as Chairman of the able and accessible with the enactment of the June 10 Representative PETER DEUTSCH and I Department of the Defense Range Command- Taxpayer Relief Act. Various education tax in- introduced House Concurrent Resolution 95, a centives, such as the $1,500 HOPE tax credit er's Council Frequency Management Group resolution that would officially honor United [FMG]. Under Mr. Ryan's leadership, the FMG and the Lifetime Learning credit, will bring the States airmen held in Germany's Buchenwald dream of a college education more within greatly enhanced its role assisting the devel- concentration camp during World War II. Sen- opment of national spectrum policy that affects reach than ever before. ators TIM HUTCHINSON and JOSEPH LIEBERMAN the test range spectrum requirements and is- But while it is important to make higher edu- introduced an identical resolution in the Sen- sues to senior level DOD personnel. In addi- cation more accessible, we must also ensure ate the same week. Our bill recognizes the tion, he enhanced the links between the DOD that future college students are prepared to service and bravery of 82 U.S. airmen, who and the civil aerospace industry, a key compo- enter the halls of higher learning. We need to were the only U.S. soldiers ever held in a con- nent of the national economy. Mr. Ryan's focus on providing the best possible education centration camp. leadership of the FMG minimized negative ef- system at the elementary and secondary lev- fects of recent losses of Federal spectrum ac- At the time I introduced the bill, I submitted els. Money should go directly into the class- cess on the entire DOD test range structure. a list of U.S. military prisoners that had been room and be spent wisely on classroom in- Currently, Mr. Ryan heads the Mid-Atlantic held in Buchenwald, but inadvertently left off struction, not wasted on education bureauc- Area Frequency Coordination Office at the some of those names. The list I have included racy. Naval Air Warfare Center Aircraft Division at below is a complete list and corrects that ear- As a father, grandfather, and former mem- Patuxent River, MD. He is responsible for fre- lier mistake. I would appreciate your inclusion ber of the Carlsbad, California School Board, quency management for the entire division. of this new list in the CONGRESSIONAL RECORD. I take a personal interest in providing quality Mr. Ryan is also the executive coordinator for education for our children. Parents and local LIST OF WW II AMERICAN AIRMEN HELD AT the automated spectrum planning, engineer- school boards know best what their children's BUCHENWALD CONCENTRATION CAMP ing, coordination, and tracking system. This educational needs areÐnot bureaucrats in system is the frequency management software UPDATED SEPTEMBER 5, 1997 Washington. Families should not only have the with over 2,300 users worldwide. Not located (5) opportunity to choose the educational path Mr. Ryan has over 23 years of experience that is best-suited for their kids' needs, but in the U.S. Government in communications. Freeman, E.C.; Hanson, J.T.; Horrigan, R.J.; Scharf, B.T.; and Scott, G.W. education should be affordable and accessible He joined the U.S. Army in October 1973, and for all. The education tax incentives in the served as a paratrooper/radioman in the 82d Deceased (33) Taxpayer Relief Act do exactly that. Airborne Division for 3 years. After earning his Alexander, William; Allen, Roy W.; f special forces qualification in September 1977, Appleman, S.M.; Beck, Levit C.; Bozarth, Mr. Ryan served as a senior communications J.W.; Chapman, Park; Crouch, M.E.; Dearey, SALUTE TO CHARLES sergeant on an operational detachment in the R.W.; Duncan, James H.; Edge, W.L.; Fix, WILLOUGHBY 19th Special Forces Group Airborne, Aurora E.E.; Granberry, W.L.; Heimerman, L.A.; CO. In August 1982, Mr. Ryan joined the 11th Hoffman, R.B.; Horwege, G.L.; and HON. JAMES V. HANSEN MacLenahan, J.H. Special Forces Group Airborne. OF UTAH Mr. Ryan's greatest contribution has been Martini, F.; Masters, L.O.; Mauk, W.E.; his exceptional leadership and support to the Mikel, G.; Pecus, Steve; Pederson, J.W.; HON. HOWARD L. BERMAN entire spectrum of the Nation's wide variety of Pennel, Sam; Salo, L.H.; Smith, J.W.; OF CALIFORNIA Stralka, P.A., Jr.; Suddock, D.E.; Vallee, E.; policies, including support for the test and op- IN THE HOUSE OF REPRESENTATIVES eration of highly complex National defense Vance, Ira E.; Vincent, E.H.; Wilson, P.J.; Wojnick, R.J.; and Zeiser, J. Friday, September 5, 1997 systems, and the civil aerospace industry. He has played a key role in assuring that there is Still living (44) Mr. HANSEN. Mr. Speaker, my colleague, spectrum available to support the test and op- Bauder, W.F.; Bedford, R.L.; Bowen, C.E.; Mr. BERMAN, and I rise today to pay tribute to eration of highly complex National defense Brown, R.H.; Carr, F.W.; Chalot, J.A.; Mr. Charles Willoughby who, after 7 years of systems, and the economic health of the Unit- Chessir, D.; Coats, B.A.; Cowan, F.K.; loyal service to the Committee on Standards ed States. Thanks in large part to Mr. Ryan's Coffman, J.D.; Dauteul, D.F.; Denaro, Joe; of Official Conduct, is leaving to become sen- diligence and committed hours of persistent Fore, J.W.; Hastin, J.D.; Hilding, R.D.; Hun- ior associate general counsel at Howard Uni- and effective coordination, the National Test ter, H.F.; Johnson, R.T.; King, Myles A.; versity. We wish Chuck well in this new en- Range spectrum requirements has become an Larson, M.E.; Little, B.S.; Ludwig, E.F.; and deavor. McLaughlin, D.G. integral part of the daily defense operations. We join past committee members in ex- His support for defense and economic health Mitchell, G.E.; Moser, J.F.; Pacha, A.M.; pressing gratitude to Chuck for his dedicated will have a long lasting impact. Mr. Ryan's de- Paxton, S.K.; Powell, W.; Raynolds, N.L.; service to the committee. Chuck came to the Richey, G.T., Sr.; Ritter, E.W.; Roberson, velopment of new range policies and in- C.W.; Ryherd, W.H.; Shearer, D.R.; Sypher, committee from the U.S. Attorney's Office in creased cooperation is the cornerstone of a L.H.; Thompson, W.A.; Vratney, Frank; Wat- the District of Columbia. He served the com- growing 21st century. son, J.P.; Ward, Robert; Williams, W.J.; Zan- mittee in both its investigation function as well The United States is indeed indebted to Mr. der, A.E.; Phelps, B.F.; Pelletier, A.J.; Friel, as its education function. He has served the Mikel Ryan for his selfless and distinguished Edward J.; and Petrich, M.R. committee in difficult times yet always with September 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1677 dignity and grace, with a spirit of bipartisan- put an aging relative in a nursing home, we clubs with a membership of over 10,000 elder- ship, and a deep respect for the House of trust the institution to care properly for our ly citizens. Its commitment to improving the Representatives. loved ones. But as a recent General Account- quality of life for seniors in Philadelphia grows Chuck has served the committee under four ing Office [GAO] study points out, nursing stronger each day. different chairmen. We speak for all of them in homes across the United States don't always Mr. Speaker, the Northeast Council of Sen- thanking him for his dedication to the commit- treat the 1.8 million residents like family. ior Citizens, Inc. serves as a positive role tee and a job well done. In saying goodbye to At a time when the nursing home industry is model for older Americans across the country. Chuck, we say goodbye to someone univer- undergoing explosive growth as a result of an It consistently demonstrates that seniors can sally liked and respectedÐa very difficult com- aging population, my recently introduced Nurs- gather together, share common interests and pliment to obtain in our business. ing Home Public Information Act of 1997 ideas, and speak in a powerful, unified voice We wish our friend Godspeed in his new would allow families to make an informed on issues important to this large segment of position and will remember his excellent serv- choice when choosing a nursing home. By di- our population. ice to the House of Representatives. recting HHS to publicly disseminate informa- The council regularly holds meetings, semi- f tion currently compiled in databases main- nars, brainstorming sessions, dinners, picnics, tained or available to HHS concerning nursing and social events. In addition, the council sup- TRIBUTE TO PHIL HOLLYWOOD homes, this bill takes a step in the right direc- plies knowledgeable speakers and distributes tion toward educating the public. literature, keeping seniors well informed of HON. FRANK PALLONE, JR. While most nursing homes adhere to Fed- current issues which directly affect their lives. OF NEW JERSEY eral and State regulations, each year billions In many ways, the members serve as the IN THE HOUSE OF REPRESENTATIVES of dollars are lost to fraud and abuse. Accord- eyes, ears and powerful voice of the senior Friday, September 5, 1997 ing to the GAO, Federal Medicare and Fed- communityÐa voice I listen to frequently. Mr. PALLONE. Mr. Speaker, on Saturday, eral/State Medicaid programs paid nursing The Third Congressional District of Penn- August 23, one of the races at Monmouth home providers more than $35 billion in 1995. sylvania, which I represent, is the 20th oldest Park in Oceanport, NJ, was dedicated to Mr. The Department of Justice estimates that as district, by population, in the country. Over Phil Hollywood, a native of my hometown of much as 10 percent is lost to fraud and abuse. 100,000 constituentsÐ1 of every 5Ðis over Long Branch, NJ, who has distinguished him- By aggressively targeting five States, the the age of 65. Issues like Social Security, self as a business leader in our Nation's Cap- Department of Health and Human Services Medicare, nursing homes, and long-term ital. It is an honor for me to join in paying trib- [HHS], through Operation Restore Trust, has health care are of great concern to them and ute to this good friend and great citizen. obtained 74 criminal convictions and recov- their families. Phil Holywood was born in Long Branch, at- ered $67.3 million for Medicare. More than An organization like the Northeast Council tended grade school at the Lyceum, and four dozen civil suits have collected $72.8 mil- of Seniors brings our elderly citizens together served as an altar boy at Star of the Sea lion in fines and settlements, and companies to discuss these crucial issues. Their passion- Roman Catholic Church. While attending Red have returned another $47.4 million. ate opinions also remind me of the respon- Bank Catholic High School, he worked as a Convicting abusive providers, levying fines, sibility I have to ensure that their concerns are stockboy at the local Woolworth's and as a recovering overpayments, negotiating settle- addressed. part-time caddie at the Old Orchard Country mentsÐall these actions are necessary to re- The Northeast Council of Senior Citizens Club in Eatontown, NJ. After high school, he duce fraud and abuse. But they will never be brings together the most dedicated and ener- enlisted in the Navy, serving on a destroyer in more than the second best way to do this. The getic members of our senior community. By the South Pacific during World War II. After best way is to prevent fraud, abuse, and uniting the most active and energetic seniors the war, he took a job as a desk clerk at the waste from occurring in the first place. This re- who are dedicated to improving the quality of Shoreham Hotel in Washington, a venerable quires informing the public. As a recent Gov- life for their fellow men and women, these in- Washington landmark. He stayed there for 47 ernment Reform and Oversight Human Re- dividuals are doing much to dispel stereotypes years, rising to the position of vice president sources Subcommittee hearing revealed, the of the aging community, and encouraging peo- and managing director, while also serving in public receives little or no information relating ple of all ages to be active and involved. various capacities for the Hotel Association of to fraud, abuse, and quality of care in nursing Mr. Speaker, it is my privilege to represent Washington. homes. the men and women who belong to the North- During this storied and distinguished career, Mr. Speaker, I urge my colleagues to join east Council of Senior Citizens. I ask you and he had the honor of greeting many Presidents my efforts to assist millions of families across my colleagues to support this commendation of the United States as well as many foreign the Nation by supporting the Nursing Home and congratulate the Northeast Council of leaders. Mr. Hollywood was Inaugural housing Public Information Act of 1997. Senior Citizens as they observe their 25th an- director for three Presidential Inaugurations. f niversary as an organization, and join me in wishing them many more years as a positive While he was always extremely attentive to 25TH ANNIVERSARY OF THE the needs of the eminent visitors to the and active force in Philadelphia. NORTHEAST COUNCIL OF SENIOR f Shoreham, Phil Hollywood extended special CITIZENS, INC. care to guests from Monmouth County and es- DEPARTMENTS OF LABOR, pecially Long Branch. HEALTH AND HUMAN SERVICES, Phil retired in 1991, and he resides in HON. ROBERT A. BORSKI AND EDUCATION, AND RELATED Washington with his wife Brinda. Their two OF PENNSYLVANIA AGENCIES APPROPRIATIONS daughters and three grandchildren all live IN THE HOUSE OF REPRESENTATIVES ACT, 1998 nearby. Friday, September 5, 1997 Mr. Speaker, it is an honor for me to join Mr. BORSKI. Mr. Speaker, I rise to pay trib- SPEECH OF with the many friends of Phil Hollywood in ute to an organization in my district that paying tribute to the many accomplishments of HON. SUE W. KELLY serves as a unified voice of senior citizens. this Long Branch boy who made for himself a OF NEW YORK It was 25 years ago this weekÐon Septem- great career in Washington but never forgot ber 13, 1972Ðthat six senior citizen clubs IN THE HOUSE OF REPRESENTATIVES his native roots. gathered for a meeting in which they formed Thursday, September 4, 1997 f the Northeast Council of Senior Citizens, Inc., The House in Committee of the Whole NURSING HOME PUBLIC also known as the Region V, Archdiocesan House on the State of the Union had under INFORMATION ACT OF 1997 Senior Citizen Council. consideration the bill (H.R. 2264) making ap- An ecumenical, nonpartisan, organization for propriations for the Departments of Labor, HON. EDOLPHUS TOWNS senior citizens, their mission was simple: to Health and Human Services, and Education, and related agencies for the fiscal year end- OF NEW YORK develop programs which would promote the ing September 30, 1998, and for other pur- IN THE HOUSE OF REPRESENTATIVES health, welfare, spiritual growth, safety and protection of senior citizens in northeast Phila- poses: Friday, September 5, 1997 delphia. Mrs. KELLY. Mr. Chairman, I rise today in Mr. TOWNS. Mr. Speaker, when millions of Over the past 25 years, the Northeast strong opposition to the Istook amendment Americans must make the difficult decision to Council has grown to include 52 senior citizen and in support of the Porter substitute. E1678 CONGRESSIONAL RECORD — Extensions of Remarks September 5, 1997 This legislative body needs to wake up and a good argument for the need to close institu- Bush administrations admit that $5 to $7 mil- realize that, whether we like it or not, teens tion like the School of the Americas [SOA], a lion were secretly funneled annually to the across America from all types of familiesÐ product of an era in which a growing consen- Guatemalan Armed Forces, though Bush offi- dysfunctional and solidÐare having sex. Now, sus of critics say Washington's paranoia was cials insist the funds were used to pay CIA do we ignore the facts in adherence to our enshrined as its official Guatemalan policy. sources and placate the armed forces, not for utopian principles of parental guidance and The following research memorandum, au- the purchase of weapons. abstinence sacrificing our children and their fu- thored by Gretchen Oelsner, research associ- Another victim of the violence was EfraÂõn ture in the process? Or do we accept the facts ate for the Council on Hemispheric Affairs, BaÂmaca VelaÂsquez, a leftist guerrilla leader and work to educate our children in hopes of demonstrates the need for the United States married to Washington, DC lawyer Jennifer encouraging abstinence, preventing devastat- to end its support for the School of the Ameri- Harbury. Contrary to information provided at ing sexually transmitted diseases, preventing cas. first by Guatemalan military reports as well as abortion, and preventing unintended preg- TORRES AMENDMENT United States diplomats, a United States De- nancies The School of the Americas was instrumen- fense Intelligence Agency document stated There is another fact being overlooked here tal in providing the venue for covert liaisons that ``BaÂmaca was not killed during a firefight as well. Family planning clinics already are re- with key Guatemalan army personnel, often with army troops, but was captured, interro- quired to encourage teens to talk with their resulting in longstanding relationships. By gated, and killed.'' parents about reproductive health issuesÐbut training their young officials, and subsequently PUTATIVE MURDERER REMAINS A FREE MAN guess whatÐsome parents aren't talking. In recruiting some of them for the CIA's payroll, Col. Julio Roberto AlpÂõrez, a senior intel- fact, some parents treat sex as such a taboo Washington was able to ensure cooperation ligence officer and SOA alumnus, implicated in that their children are left to learn on their own with its anti-Communist policy, even at the the murders of both BaÂmaca and DeVine, ac- with no guidance at all, when poor decisions eventual cost of a friendly country's sov- knowledges that he `routinely exchanged infor- can prove deadly. Other parents are abusive, ereignty and democratic institutions. On mation with CIA officials.'' White House offi- leaving teens to take care of themselves. This Wednesday, July 9, Representative ESTEBAN cials also have conceded that AlpÂõrez received is not a perfect world. TORRES introduced an amendment to the For- at least $60,000 from the CIA during 1990±92. Members in favor of the Istook amendment eign Aid appropriations bill which would have In July 1992, shortly after embarrassing details cite a tragedy in Illinois where a 37-year-old limited funding for the School of the Americas, of AlpÂõrez's complicity in BaÂmaca's execution teacher took a 13-year-old student, with whom but it was defeated by a narrow margin (23± had surfaced, the agency terminated his con- he was having a sexual relationship, to a fed- 21). The tight vote suggests that there is hope tract, awarding him $44,000 in severance pay. While a later report by the CIA's Intelligence erally funded clinic for contraceptives. This is that the School of the Americas eventually will Oversight Board found that its agents neither indeed a tragedy and that teacher needs to be be closed down. It is imperative that the had ordered nor had prior knowledge of put away for a very long time. But to claim amendment on the floor today succeed be- DeVine's death, and that there was no way to that his relationship is the result of the exist- cause its approval would be an important step definitively determine responsibility for ence of title X clinics is dishonest and mis- in ending a legacy of human rights violations by U.S.-trained members of the Guatemalan BaÂmaca's killing, Justice Department officials leading. did admit AlpÂõrez was involved in DeVine's This relationship was going on prior to their armed forces. CIA involvement in Guatemala began when murder. Even though further evidence had in- visit to a title X clinic and, had the girl dis- dicated that the colonel ordered DeVine's closed that her partner was an adult authority the country's popularly elected president Jacobo Arbenz threatened in the early 1950's death and supervised the torture and execu- figure, by law he would have been reported. tion of BaÂmaca, he was later exonerated by This crime was committed by this perverted to nationalize mainly underutilized land hold- ings controlled by the United Fruit Co. and of- Guatemalan officials. Outside observers main- teacher, not the family planning clinic. tain that it is astonishing that the agency I do not stand here today to trivialize the se- fered to remunerate the U.S. Goliath at the ar- tificially low rate of assessment that the com- claims to have had no knowledge of the mur- riousness of this appalling case. In fact, the der of the U.S. citizen, even though one of its substitute amendment being offered by Chair- pany itself had placed on its land for tax pur- poses. With strong personnel connections to paid informers was involved in his death. This man PORTER requires that clinics provide is especially so in the case of the guerrilla counseling to minors in recognizing and resist- Secretary of State John Foster Dulles and his brother, Director of Central Intelligence Allen fighter BaÂmaca, whose cause the agency was ing attempts of coercion by their partners. spending millions of dollars annually to elimi- Please open your eyes and support the Por- Dulles, the company was able to arrange for the CIA to inaugurate an effective scenario in nate. Critics speculate that the CIA station ter substitute. It is a matter of health. Don't let  response to fast-breaking developments in the chief felt it important that Bamaca be neutral- unrealistic ideology sacrifice the futures of our ized, so the agency sanctioned local Guate- country. By backing Lt. Col. Castillo Armas, children. malan authorities led by AlpÂõrez, to have him one of its contracts in the Guatemalan Army, f tortured and killed. the State Department, along with the CIA, or- SCHOOL OF THE AMERICAS FOREIGN OPERATIONS EXPORT FI- chestrated a successful coup against Arbenz Colonel AlpÂõrez received important training NANCING, AND RELATED PRO- in 1954. Forty years of terror, torture, and at the ill-reputed School of the Americas, lo- GRAMS APPROPRIATIONS ACT, death squad activity followed, often in part cated at Fort Benning, GA, but then based in funded and directed by Washington, which re- 1998 Panama. In fact, he attended the school twice, sulted in the deaths of more than 150,000 ci- once in the Combat, Arms and Support Serv- SPEECH OF vilians. ices in 1970, and later at the Command and HON. ESTEBAN EDWARD TORRES MYSTERIOUS DEATHS General Staff College in 1989, just before he The most recent instance of CIA activity in OF CALIFORNIA was involved in the high-profile murders. This the country involved the suspicious deaths of IN THE HOUSE OF REPRESENTATIVES institution has earned the nicknames ``School Michael DeVine in 1990 and EfraÂõn BaÂmaca of Coups'' and ``School of Assassins'' because Thursday, September 4, 1997 VelaÂsquez in 1992. DeVine, a U.S. citizen, of the activities of many of its alumniÐsome The House in Committee of the Whole was an innkeeper residing in the Peten, a of whom later gained renown as the worst House on the State of the Union had under heavily forested region of the country known human rights abusers in Latin America. consideration the bill (H.R. 2159) making ap- for its Mayan antiquities and valuable hard- Former Panamanian President, Jorge Illueca, propriations for foreign operations, export fi- wood. Later, it was established that he had had no trouble terming the school the ``biggest nancing, and related programs for the fiscal been assassinated and beheaded by a Guate- base for destabilization in Latin America.'' year ending September 30, 1998, and for other malan military unit in June 1990, perhaps after The institution teaches combat skills, purposes: he happened upon a smuggling operation counterinsurgency operations, sniper fire, mili- Mr. TORRES. Mr. Chairman, the recent re- being run out of the zone's military compound. tary intelligence, commando tactics and psy- lease by the CIA of roughly 5 percent of the In response to this grisly incident, and to the chological warfare. When the Pentagon finally documents in its possession which pertain to Guatemalan military's failure to comply with a released the controversial training manuals its 40-year-old controversial role in Guatemala promised vigorous investigation into the cir- used at the facility after their contents already provides extraordinary insights into the lengths cumstances behind DeVine's death, Congress had begun to leak, pages were found in them to which the U.S. Government was prepared ceased aid shipments to the Central American advocating such interrogation techniques as to go in order to achieve its cold war country. However, the CIA was quick to re- blackmail, detaining the innocent relatives of antisubversion goals. The documents provide plenish the funding gap. Both the Clinton and those being questioned, torture and murder. September 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1679 The clandestine tactics promoted by the CIA SOA Guatemalan alumni who were on the CIA In the same way the U.S. Government de- coincided with some of the training being of- payroll as well as implicated in right-wing nied knowledge of BaÂmaca's death, they did fered at the institution. Subsequently, many death squad killings. not admit some of the subject matter taught at SOA graduates, after having been signed on The Nation magazine, April 17, 1997, re- the SOA. Only after then-Representative by the CIA, almost routinely were responsible ported that U.S. undercover agents on the CIA Torrecelli revealed the details of the rebel's for the torture and disappearance of ``subver- payroll for decades had worked inside the death was the White House forced to confess sives'' during the region's civil wars. According Guatemalan G±2 army unit, one of the two its connections to the Guatemalan operations to the advocacy group, School of the Ameri- brains behind the terror state, and which was and its knowledge of the circumstances of cas Watch, the school's alumni have been re- known to have been responsible for the torture BaÂmaca's death. It was not until a dirty tricks sponsible for choosing targets for assassina- and murders of thousands of civilians. Accord- training manual was discovered and made tion, fashioning genocidal strategies which es- ing to former military strongman Oscar public that Washington was forced to confess sentially legalized military atrocities throughout Huberto MejÂõa Victores, Guatemala's death that it teaches terror tactics. the eighties, helped plan and implement ex- squads were initiated in the 1960's by the CIA. Final closure to Guatemala's endless civil President Sermon's 1993 auto-coup and were Ortega Menaldo and Perez Molina both war cannot occur until the School of the Amer- the architects behind numerous extrajudicial served as leaders of the G±2 forces during the icas is shut down and culpable military and executions. In addition, General Edgar Godoy eighties and nineties, at a time when its death political figures are held accountable for their GaitaÂn, Gen. Luis Francisco Ortega Menaldo, squad activities and drug trafficking roles al- actions in the murders of United States and and Col. Otto Perez Molina were some of the ready were established. Guatemalan citizens. Friday, September 5, 1997 Daily Digest Senate Nominations Confirmed: Senate confirmed the fol- Chamber Action lowing nominations: Robert Charles Chambers, of Routine Proceedings, pages S8837–S8876 West Virginia, to be United States District Judge Measures Introduced: Two bills were introduced, for the Southern District of West Virginia. as follows: S. 1150 and 1151. Page S8870 Page S8875 Measures Reported: Reports were made as follows: Messages From the House: Page S8870 S. 1150, to ensure that federally funded agricul- Petitions: Page S8870 tural research, extension, and education address high- Statements on Introduced Bills: Pages S8870±72 priority concerns with national multistate signifi- cance, to reform, extend, and eliminate certain agri- Additional Cosponsors: Page S8872 cultural research programs. (S. Rept. No. 105–73) Amendments Submitted: Pages S8872±74 Page S8870 Additional Statements: Pages S8874±75 Measures Passed: Record Votes: One record vote was taken today. Foreign Operations Appropriations, 1998: Pursu- (Total–220) Pages S8839±40 ant to the consent agreement of July 16, 1997, Sen- Adjournment: Senate convened at 9:30 a.m., and ate passed H.R. 2159, making appropriations for for- adjourned at 3:38 p.m., until 11 a.m., Monday, Sep- eign operations, export financing, and related pro- tember 8, 1997. (For Senate’s program, see the re- grams for the fiscal year ending September 30, 1998, marks of the Acting Majority Leader in today’s after striking all after the enacting clause and insert- Record on page S8876.) ing in lieu thereof the text of S. 955, Senate com- panion measure, as passed by the Senate on July 17, 1997. Further, the Senate insisted on its amendment, Committee Meetings requested a conference with the House thereon, and the Chair appointed the following conferees on the (Committees not listed did not meet) part of the Senate: Senators McConnell, Specter, Gregg, Shelby, Bennett, Campbell, Stevens, Cochran, CAMPAIGN FINANCING INVESTIGATION Leahy, Inouye, Lautenberg, Harkin, Mikulski, Mur- Committee on Governmental Affairs: Committee contin- ray, and Byrd. Page S8869 ued hearings to examine certain matters with regard Subsequently, Senate vitiated passage of S. 955, to the committee’s special investigation on campaign and the bill was indefinitely postponed. Page S8869 financing, receiving testimony from David Strauss, FDA Modernization and Accountability Act: Sen- former Deputy Chief of Staff for Vice President ate began consideration of the motion to proceed to Gore; and former Mayor Michael L. Mitoma, Carson, consideration of S. 830, to amend the Federal Food, California. Drug, and Cosmetic Act and the Public Health Serv- Hearings continue on Tuesday, September 9. ice Act to improve the regulation of food, drugs, de- vices, and biological products. Pages S8837±69 NOMINATIONS Also, by 89 yeas to 5 nays (Vote No. 220), three- Committee on the Judiciary: Committee concluded fifths of those Senators duly chosen and sworn hav- hearings on the nominations of Marjorie O. Rendell, ing voted in the affirmative, Senate agreed to close of Pennsylvania, to be United States Circuit Judge further debate on the motion to proceed to the con- for the Third Circuit, A. Richard Caputo, to be sideration of the bill. Pages S8839±40 United States District Judge for the Middle District Senate will continue consideration of the motion of Pennsylvania, Bruce C. Kauffman, to be United to proceed to consideration of the bill on Monday, States District Judge for the Eastern District of September 8, 1997. Pennsylvania, and Richard A. Lazzara, to be United D903 D904 CONGRESSIONAL RECORD — DAILY DIGEST September 5, 1997 States District Judge for the Middle District of Flor- tions in their own behalf. Mr. Lazzara was intro- ida, after the nominees testified and answered ques- duced by Senators Mack and Graham. h House of Representatives noes, Roll No. 368, agreed to the Traficant motion Chamber Action to instruct conferees on H.R. 1119, to authorize ap- Bills Introduced: 14 public bills, H.R. 2411–2424; propriations for fiscal years 1998 and 1999 for mili- 2 private bills, H.R. 2425–2426; and 4 resolutions, tary activities of the Department of Defense, and to H. Con. Res. 146–147, and H. Res. 221–222 were prescribe military personnel strengths for fiscal years introduced. Page H6962 1998 and 1999, to insist upon the provisions of sec- Reports Filed: The following report was filed today: tion 1032 of the House bill relating to the assign- H.R. 901, to preserve the sovereignty of the Unit- ment of Department of Defense personnel to Border ed States over public lands and acquired lands owned Patrol and Control. The motion was debated on Sep- by the United States, and to preserve State sov- tember 4. Page H6948 ereignty and private property rights in non-Federal lands surrounding those public lands and acquired Committee Resignation: Read a letter from Rep- resentative Sherman wherein he resigned from the lands, amended (H. Rept. 105–245); Page H6962 Committee on the Budget. Page H6949 Motion to Adjourn: By a yea and nay vote of 44 yeas to 339 nays, Roll No. 366, rejected the Miller Committee Election: Agreed to H. Res. 221 elect- of California motion to adjourn. Pages H6924±25 ing Representative Sherman to the Committee on Banking and Financial Services. Page H6949 Labor, HHS, and Education Appropriations Act: The House continued consideration of amendments Terrorist Bombing in Jerusalem: Agreed to H. to H.R. 2264, making appropriations for the De- Con. Res. 146, expressing the sense of the Congress partments of Labor, Health and Human Services, and regarding the terrorist bombing in Jerusalem on Education, and related agencies for the fiscal year September 4, 1997. Pages H6949±54 ending September 30, 1998. The House completed In Honor of Mother Teresa: The House stood for general debate and considered amendments to the a moment of silence in honor of Mother Teresa. Pages H6925±48 bill on September 4. Page H6949 Rejected: The McIntosh amendment that sought to increase Legislative Program: The Chief Deputy Majority funding for the Individuals with Disabilities Edu- Whip announced the legislative program for the cation Act by $4.3 million and reduce Employment week of September 8. Page H6949 Standards Administration Salaries and Expenses Meeting Hour: Agreed that when the House ad- funding accordingly (rejected by a recorded vote of journs today, it adjourn to meet at 12:30 p.m. on 167 ayes to 260 noes, Roll No. 367); Pages H6925±40 Monday, September 8 for morning hour debate. Withdrawn: Page H6954 The Riggs amendment that sought to increase funding for Older Americans Act programs by $19.6 Calendar Wednesday: Agreed that the business in million and reduce Bureau of Labor Statistics salaries order under the Calendar Wednesday rule be dis- and expenses funding by $9.8 million and reduce pensed with on Wednesday, September 10. HHS general departmental management funding by Page H6954 $9.8 million. Pages H6940±41 Amendments: Amendments ordered printed pursu- Pending amendment: ant to the rule appear on page H6963. The Blunt amendment was offered that seeks to increase vocational and adult education funding by Quorum Calls—Votes: One yea-and-nay vote and $11.2 million and reduce OSHA funding accord- two recorded votes developed during the proceedings ingly. Pages H6941±48 of the House today and appear on pages H6925, The bill is being considered pursuant to the order H6939–40, and H6948. There were no quorum of the House of Thursday, July 31. Pages H6667±69 calls. Defense Authorization Act Motion to Instruct Adjournment: Met at 9:00 a.m. and adjourned at Conferees: By a recorded vote of 261 ayes to 150 3:31 p.m. September 5, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D905 Committee Meetings Senate Committees (Committee meetings are open unless otherwise indicated) ELECTRICITY: INNOVATION AND Committee on Agriculture, Nutrition, and Forestry: Septem- COMPETITION ber 11, to hold hearings to examine the implications for farmers of the recently proposed Global Tobacco settle- Committee on Commerce: Subcommittee on Energy and ment, 9 a.m., SD–106. Power held a hearing on Electricity: Innovation and Committee on Appropriations: September 9, business Competition. Testimony was heard from public wit- meeting, to mark up an original bill making appropria- nesses. tions for the government of the District of Columbia for the fiscal year ending September 30, 1998, 4 p.m., COMMERCE, JUSTICE, STATE, AND SD–106. JUDICIARY APPROPRIATIONS September 11, Subcommittee on Labor, Health and Human Services, and Education, to hold hearings to ex- Committee on Rules: Heard testimony from Represent- amine the health risks of 1950’s atomic tests, 9 a.m., atives Rogers, Northup, Hyde, Burton of Indiana, SD–192. Morella, Shays, Ramstad, Fox of Pennsylvania, Mol- Committee on Armed Services: September 9, to hold hear- lohan, Sawyer, Maloney of New York, Becerra, Jack- ings on the nomination of Gen. Henry H. Shelton, USA, son-Lee of Texas and Delahunt, but action was de- to be Chairman of the Joint Chiefs of Staff, 10 a.m., ferred on H.R. 2267, making appropriations for the SR–222. Departments of Commerce, Justice, and State, the Committee on Commerce, Science, and Transportation: Sep- Judiciary, and related agencies for the fiscal year tember 10, to hold hearings on the nominations of Heidi ending September 30, 1998. H. Schulman, of California, and Katherine Milner Ander- son, of Virginia, each to be a Member of the Board of Directors for the Corporation for Public Broadcasting, Joint Meetings Robert L. Mallett, of Texas, to be Deputy Secretary, and W. Scott Gould, of the District of Columbia, to be an Assistant Secretary, both of the Department of Com- EMPLOYMENT-UNEMPLOYMENT merce, and Sheila Foster Anthony, of Arkansas, to be a Joint Economic Committee: Committee held hearings to Federal Trade Commissioner, 9:30 a.m., SR–253. examine the employment-unemployment situation Committee on Energy and Natural Resources: September for August, receiving testimony from Katharine G. 10, to hold oversight hearings to review Forest Service or- Abraham, Commissioner, Bureau of Labor Statistics, ganizational structure, staffing, and budget for the Alaska Department of Labor. region, 9:30 a.m., SD–366. Committee recessed subject to call. September 11, Full Committee, to hold hearings on S. 660, to provide for the continuation of higher education f through the conveyance of certain public lands in the State of Alaska to the University of Alaska, and S. 1092, CONGRESSIONAL PROGRAM AHEAD to provide for a transfer of land interests in order to fa- Week of September 8 through 13, 1997 cilitate surface transportation between the cities of Cold Bay, Alaska, and King Cove, Alaska, 9:30 a.m., SD–366. Senate Chamber September 11, Subcommittee on National Parks, His- toric Preservation, and Recreation, to hold hearings to re- On Monday, Senate will continue consideration of view the implementation of the Commemorative Works the motion to proceed to consideration of S. 830, Act (P.L. 99–652, as amended) and the administrative Food and Drug Administration Modernization and and public process involved in the site selection of the Accountability Act, and resume consideration of S. World War II Memorial and the recently announced Air 1061, Labor/HHS Appropriations, 1998. Force Memorial, 2 p.m., SD–366. On Tuesday, Senate will resume consideration of S. Committee on Finance: September 10, to hear and con- 1061, Labor/HHS Appropriations, 1998, and begin sider pending nominations, 10:30 a.m., SD–215. consideration of S. 830, Food and Drug Administra- Committee on Foreign Relations: September 10, to hold tion Modernization and Accountability Act. hearings on the nominations of Thomas J. Dodd, of the During the week, Senate also expects to consider District of Columbia, to be Ambassador to the Republic H.R. 2107, Interior Appropriations, 1998, S. , of Costa Rica, Donna Jean Hrinak, of Virginia, to be Ambassador to the Republic of Bolivia, and Curtis War- D.C. Appropriations, 1998, conference reports when ren Kamman, of the District of Columbia, to be Ambas- available, and consider any cleared legislative and ex- sador to the Republic of Colombia, 2:30 p.m., SD–419. ecutive business. September 11, Full Committee, to hold hearings on (Senate will recess on Tuesday, September 9, 1997 from the nominations of Susan E. Rice, of the District of Co- 12:30 p.m. until 2:15 p.m. for respective party con- lumbia, to be Assistant Secretary of State for African Af- ferences.) fairs, Brian Dean Curran, of Florida, to be Ambassador to D906 CONGRESSIONAL RECORD — DAILY DIGEST September 5, 1997 the Republic of Mozambique, Timberlake Foster, of Cali- Tuesday, Wednesday, and Thursday, Consideration of fornia, to be Ambassador to the Islamic Republic of Mau- H.R. 2267, Commerce, Justice, State, and the Judi- ritania, Amelia Ellen Shippy, of Washington, to be Am- ciary Appropriations Act for FY 1998 (subject to a bassador to the Republic of Malawi, and Nancy Jo Pow- rule); and ell, of Iowa, to be Ambassador to the Republic of Ugan- da, 10 a.m., SD–419. Consideration of H.R. 2378, Treasury, Postal Committee on Governmental Affairs: September 8, Sub- Service Appropriations Act for FY 1998; and committee on Oversight of Government Management, H.R. 2264, Labor, Health and Human Services Restructuring and the District of Columbia, to hold hear- Appropriations Act for FY 1998 (subject to a rule). ings to examine the progress of proposed reforms of the Friday, No votes are expected. District of Columbia school system, 9:30 a.m., SD–342. September 8, Subcommittee on Oversight of Govern- House Committees ment Management, Restructuring and the District of Co- lumbia, to hold hearings on S. 222, to establish an advi- Committee on Agriculture, September 11, Subcommittee sory commission to provide advice and recommendations on Department Operations, Nutrition, and Foreign Agri- on the creation of an integrated, coordinated Federal pol- culture, hearing to review food banks and the participa- icy designed to prepare for and respond to serious tion of the private sector in the delivery of food assist- drought emergencies, 2 p.m., SD–342. ance, 8:30 a.m., 1300 Longworth. September 9, 10 and 11, Full Committee, to resume Committee on Banking and Financial Services, September hearings to examine certain matters with regard to the 9, hearing and markup of H.R. 2343, Thrift Depositor committee’s special investigation on campaign financing, Protection Oversight Board Abolishment Act; and to con- 10 a.m., SH–216. sider pending Committee business, 2 p.m., 2128 Ray- September 12, Full Committee, to hold hearings to ex- burn. amine issues regarding regulatory reform, 10 a.m., September 10, Subcommittee on Domestic and Inter- SD–342. national Monetary Policy, to markup the 50 States Com- Committee on the Judiciary: September 9, Subcommittee memorative Coin Program Act, 10:30 a.m., 2128 Ray- on Immigration, to hold hearings to examine the eco- burn. nomic and fiscal impact of immigration, focusing on the Committee on Education and the Workforce, September 9, report of the National Academy of Sciences, 10:30 a.m., Subcommittee on Early Childhood and Families, hearing SD–226. on School Choice legislative proposals, 9 a.m., 2175 Ray- September 9, Subcommittee on Antitrust, Business burn. Rights, and Competition, to hold hearings to examine the September 11, Subcommittee on Workforce Protec- operation of the antitrust division of the Department of tions, hearing to examine OSHA’s Reinvention Project, Justice, focusing on the Hart-Scott-Rodino process which 10 a.m., 2175 Rayburn. requires companies to notify the Government of perspec- Committee on Government Reform and Oversight, September tive mergers, 2 p.m., SD–226. 10, Subcommittee on Civil Service, hearing on Employ- September 12, Subcommittee on Immigration, to hold ment Discrimination in the Federal Workplace, Part I, 10 hearings to examine proposals to permanently extend the a.m., 2154 Rayburn. expiring provision of immigration law which allows reli- September 10, Subcommittee on National Security, gious workers to be sponsored by religious organizations International Affairs, and Criminal Justice, to continue in the United States, 10 a.m., SD–226. hearings on Reauthorization of the Office of National Committee on Labor and Human Resources: September 11, Drug Control Policy, Part II, 1 p.m., 2247 Rayburn. to hold hearings to examine the confidentiality of medical September 11, Subcommittee on Human Resources, to information, 10 a.m., SD–430. continue oversight hearings on the Need for Better Focus Select Committee on Intelligence: September 10, to hold a in the Rural Health Clinic Program (RHC) Part II, 10 closed briefing on intelligence matters, 2:30 p.m., a.m., 2247 Rayburn. SH–219. September 12, Subcommittee on Government Manage- ment, Information, and Technology, oversight hearing on House Chamber Defense Surplus Property, 9:30 a.m., 2154 Rayburn. Monday, Consideration of 3 Suspensions: Committee on International Relations, September 10, hear- 1. H.R. 876, Mississippi Sioux Tribes Judgment ing on Freedom from Religious Persecution Act of 1997, Fund Distribution Act of 1997; 10:30 a.m., 2172 Rayburn. 2. H.R. 700, Agua Caliente Band of Cahuilla In- September 10, Subcommittee on International Eco- nomic Policy and Trade, hearing on the Transatlantic Ini- dians; and tiative: Opportunities and Prospects, 2 p.m., 2200 Ray- 3. Concur in Senate amendment to H.R. 1866, burn. Need-Based Educational Aid Antitrust Protection Committee on the Judiciary, September 8, Subcommittee Act of 1997; and on Immigration and Claims, to markup the following: Consideration of H.R. 2264, Labor, Health and H.R. 2412, to amend the Immigration and Nationality Human Services Appropriations Act for FY 1998. Act to modify the religious worker visa programs and to No recorded votes are expected before 7:00 p.m. extend the visa waiver pilot program, and to amend the September 5, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D907

Illegal Immigration Reform and Immigrant Responsibil- forestry agreements on U.S. Forest Service decision-mak- ity Act of 1996 to modify the effective date for certain ing, 10 a.m., 1334 Longworth. paperwork changes in the employer sanctions program; September 11, Subcommittee on Water and Power, H.R. 2413, Immigration Technical Corrections Act of hearing and markup of the following measures: Bureau of 1997; a private claims bill and a private immigration Reclamation Technical Corrections Act of 1997; and bill, 7 p.m., 2237 Rayburn. Small Reclamation Water Resources Project Act; and to September 9, full Committee, to markup the follow- markup H.R. 1400, Tumalo Irrigation District Water ing: H.R. 1683, Jacob Wetterling Crimes Against Chil- Conservation Project Authorization Act, 2 p.m., 1334 dren and Sexually Violent Offenders Registration Im- Longworth. provements Act of 1997; H.R. 424, to provide for in- Committee on Rules, September 8, to consider H.R. creased mandatory minimum sentences for criminals pos- 2267, making appropriations for the Department of Com- sessing firearms; H.R. 1493, to require the Attorney merce, Justice, and State, the Judiciary, and related agen- General to establish a program in local prisons to iden- cies for the fiscal year ending September 30, 1998, 7:30 tify, prior to arraignment, criminal aliens and aliens who p.m., H–313 Capitol. are unlawfully present in the United States; H.R. 2412, Committee on Science, September 10, hearing on Next to amend the Immigration and Nationality Act to modify Generation Internet Initiative, 10 a.m., 2318 Rayburn. the religious worker visa programs and to extend the visa September 11, Subcommittee on Energy and Environ- waiver pilot programs, and to amend the Illegal Immi- ment, hearing on Preparing for El Nino, 10 a.m., 2318 gration Reform and Immigrant Responsibility Act of Rayburn. 1996 to modify the effective date for certain paperwork September 11, Subcommittee on Technology, to mark- changes in the employer sanctions program; H.R. 2413, up the Small Business Technology Transfer Program Re- Immigration Technical Corrections Act of 1997; and a authorization Act of 1997, 2 p.m., 2318 Rayburn. private claims bill, 2:30 p.m., 2141 Rayburn. Committee on Small Business, September 11, Subcommit- September 10, Subcommittee on Immigration and tee on Regulatory Reform and Paperwork Reduction and Claims, hearing on H.R. 992, Tucker Act Shuffle Relief the Subcommittee on Government Programs and Over- Act of 1997, 10 a.m., 2237 Rayburn. sight, joint hearing on H.R. 96, Small Business Regu- September 11, Subcommittee on Courts and Intellec- latory Assistance Act of 1997, 10:30 a.m., 311 Cannon. tual Property, hearing on H.R. 2265, No Electronic Theft (NET) Act, and also on electronic copyright piracy, Committee on Transportation and Infrastructure, September 10 a.m., 2237 Rayburn. 9, Subcommittee on Aviation, hearing on H.R. 991, to September 11, Subcommittee on Crime, hearing re- amend the Railway Labor Act concerning the applicabil- garding cellular telephone fraud, 9:30 a.m., 2141 Ray- ity of requirements of that Act to U.S. air carriers and burn. flight deck crews engaged in flight operations outside the Committee on National Security, September 9, to markup United States, 2 p.m., 2167 Rayburn. H.R. 695, Security and Freedom Through Encryption September 10 and 11, Subcommittee on Surface Trans- (SAFE) Act, 1 p.m., 2118 Rayburn. portation, to markup H.R. 2400, Building Efficient Sur- Committee on Resources, September 9, Subcommittee on face Transportation and Equity Act of 1997, 10 a.m., Forests and Forest Health, hearing on the following bills: 2167 Rayburn. H.R. 1739, BWCAW Accessibility and Fairness Act of Committee on Veterans’ Affairs, September 11, to markup 1997; and H.R. 2149, BWCA Wilderness Legacy Act, 2 pending business, 9:30 a.m., 334 Cannon. p.m., 1334 Longworth. Committee on Ways and Means, September 9, Sub- September 9, Subcommittee on National Parks and committee on Oversight, to continue hearings on the Public Lands, hearing on H.R. 1849, Oklahoma City Na- Recommendations of the National Commission on Re- tional Memorial Act of 1997, 10 a.m., 1324 Longworth. structuring the Internal Revenue Service to expand Elec- September 10, full Committee, hearing on the follow- tronic Filing of Tax Systems Improvements, 10 a.m., ing: H.R. 2259, King Cove Health and Safety Act of 1100 Longworth. 1997; and a measure to provide the University of Alaska September 10, Subcommittee on Human Resources, with a Federal land grant, 11 a.m., 1324 Longworth. hearing on Child Support System Improvements, 10 a.m., September 11, Subcommittee on Fisheries Conserva- B–318 Rayburn. tion, Wildlife and Oceans, to markup the following September 11, Subcommittee on Trade, hearing on the measures: H.R. 1787, Asia Elephant Conservation Act of Administration’s comprehensive review of the North 1997; and H. Con. Res. 131, expressing the sense of American Free Trade Agreement (NAFTA), 10 a.m., Congress regarding the ocean; and to hold an oversight 1100 Longworth. hearing to review the management of our Nation’s fish- Permanent Select Committee on Intelligence, September 9, eries by the National Marine Fisheries Service, 10 a.m., executive, hearing on Encryption legislation, 10 a.m., 1324 Longworth. H–405 Capitol. September 11, Subcommittee on Forests and Forest September 11, executive, to markup Encryption legis- Health, oversight hearing on the affect of international lation, 10 a.m., H–405 Capitol. D908 CONGRESSIONAL RECORD — DAILY DIGEST September 5, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Monday, September 8 12:30 p.m., Monday, September 8

Senate Chamber House Chamber Program for Monday: Senate will continue consideration Program for Monday: Consideration of 3 Suspensions: of the motion to proceed to S. 830, FDA Administration 1. H.R. 876, Mississippi Sioux Tribes Judgment Fund Modernization and Accountability Act, and may resume Distribution Act of 1997; consideration of S. 1061, Labor/HHS Appropriations, 2. H.R. 700, Agua Caliente Band of Cahuilla Indians; 1998. and 3. Concur in Senate amendment to H.R. 1866, Need- Based Educational Aid Antitrust Protection Act of 1997; and Consideration of H.R. 2264, Labor, HHS, and Edu- cation Appropriations Act for FY 1998 (open rule). No recorded votes are expected before 7:00 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E1673 Packard, Ron, Calif., E1676 Hall, Ralph M., Tex., E1668, E1669, E1672 Pallone, Frank, Jr., N.J., E1677 Bentsen, Ken, Texas, E1675 Hansen, James V., Utah, E1676 Roemer, Tim, Ind., E1674 Berman, Howard L., Calif., E1676 Hostettler, John N., Ind., E1669 Schumer, Charles E., N.Y., E1668 Bonior, David E., Mich., E1674 Hoyer, Steny H., Md., E1676 Stark, Fortney Pete, Calif., E1667, E1670 Borski, Robert A., Pa., E1677 Kelly, Sue W., N.Y., E1672, E1677 Stokes, Louis, Ohio, E1671, E1675 Brown, Corrine, Fla., E1674 Kennedy, Joseph P., II, Mass., E1668, E1670 Torres, Esteban Edward, Calif., E1678 Camp, Dave, Mich., E1669 Kind, Ron, Wisc., E1667, E1669 Towns, Edolphus, N.Y., E1677 Coyne, William J., Pa., E1673 LaFalce, John J., N.Y., E1672 Traficant, James A., Jr., Ohio, E1670 Dooley, Calvin M., Calif., E1669 Moakley, John Joseph, Mass., E1667 Weldon, Dave, Fla., E1676 Etheridge, Bob, N.C., E1672 Ney, Robert W., Ohio, E1672

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