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, WEDNESDAY, OCTOBER 22, 1997 No. 143 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE CONGRESS SHOULD NOT GIVE UP called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the ON PUBLIC SCHOOLS pore [Mr. SNOWBARGER]. gentlewoman from California [Ms. (Mr. PALLONE asked and was given f SANCHEZ] come forward and lead the permission to address the House for 1 House in the Pledge of Allegiance. minute and to revise and extend his re- DESIGNATION OF THE SPEAKER Ms. SANCHEZ led the Pledge of Alle- marks.) PRO TEMPORE giance as follows: Mr. PALLONE. Mr. Speaker, just two I pledge allegiance to the Flag of the weeks ago Speaker GINGRICH forced The SPEAKER pro tempore laid be- this House to pass a publicly-financed fore the House the following commu- United States of America, and to the Repub- lic for which it stands, one nation under God, private school voucher program in the nication from the Speaker: indivisible, with liberty and justice for all. D.C. appropriations bill. This provision WASHINGTON, DC, f initially failed to pass the House, but October 22, 1997. the Speaker held the vote open and ba- I hereby designate the Honorable VINCE SNOWBARGER to act as Speaker pro tempore PRIVATE PROPERTY RIGHTS sically twisted his fellow Republicans’ on this day. IMPLEMENTATION ACT arms to change their vote. In spite of this near failure, Speaker NEWT GINGRICH, (Mr. SHIMKUS asked and was given Speaker of the House of Representatives. GINGRICH will take another step at cut- permission to address the House for 1 ting public education. He will bring to f minute and to revise and extend his re- the floor this week another bill to pour marks.) taxpayer dollars into private and reli- PRAYER Mr. SHIMKUS. Mr. Speaker, I rise in gious schools. It is called an education The Chaplain, Rev. James David support of H.R. 1534, the Private Prop- savings account, but would primarily Ford, D.D., offered the following pray- erty Rights Implementation Act. Al- benefit wealthy families. er: lowing property owners their day in Democrats have an alternative that With grateful hearts we laud and court to defend their constitutional would use the money for school con- praise every person who uses the tal- rights should be an easy vote. Why struction bonds to help public schools ents and abilities You have given, O should property owners face enor- that are in disrepair or in need of new God, in ways that promote justice and mously expensive hurdles in attempt- construction. serve the common good. ing to defend their Federal rights in Mr. Speaker, let us improve public May Your good blessing, O God, be court? education rather than siphon Federal with the men and women who serve in Some opponents of the bill are now dollars for private schools. Mr. Speak- this place and encourage them along standing as defenders of federalism and er, I urge my colleagues: Do not give the way. Give them vision to see the local decisionmaking. I hope their up on the public schools. way of justice, give them grace to faith in State and local officials and f withstand all the pressures of the day, their ability to make responsible deci- and give them patience and under- sions carries over to future discussions FOR EFFECTIVE EDUCATION standing to demonstrate the spirit of about block granting various Federal PARENTS SHOULD BE IN CONTROL unity in their words and in their ac- programs. (Mr. HAYWORTH asked and was tions. The fact is that H.R. 1534 does not given permission to address the House Bless us this day and every day, we impose any new limit on the ability of for 1 minute and to revise and extend pray. Amen. local governments to make decisions his remarks.) affecting zoning or any other land use Mr. HAYWORTH. Mr. Speaker, I lis- f controls. Those limits are imposed by tened with great interest to the gen- the Constitution, not H.R. 1534. H.R. tleman from New Jersey [Mr. PALLONE] THE JOURNAL 1534 simply allows an individual who and let me simply, gently correct the The SPEAKER pro tempore. The feels their fifth amendment rights have gentleman. Chair has examined the Journal of the been violated the opportunity to have The proposed legislation we will last day’s proceedings and announces the facts of their case heard without bring to the floor of the House will help to the House his approval thereof. fighting bureaucratic hurdles for years. every American family by empowering Pursuant to clause 1, rule I, the Jour- Mr. Speaker, I urge a ‘‘yes’’ vote on every parent with the choice of how nal stands approved. H.R. 1534. best to educate their child, whether in

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.

H8931 H8932 CONGRESSIONAL RECORD — HOUSE October 22, 1997 public schools or in an alternative set- Mr. Speaker, another DOE contractor In 1992, the voters abandoned the Re- ting. estimated that that could cost up to publican and Democratic Parties in Also, the bill we will bring to the $19.4 billion, that is with a B, billion, significant numbers, attracted by the House with a tax-free, interest-bearing to clean up. reform platform of Ross Perot, who un- account will allow those parents of Mr. Speaker, we are aware of the real derstood that the people are tired of children with special needs to have the threat of terrorism and accidents in the Washington status quo. ability to find a way to educate their this country. I say to my colleagues, if Mr. Speaker, we cannot surrender children and, moreover, there will be it could happen in their district, there control of Congress to the multi- no time limit on those children with is no reason to transport nuclear national corporations and unions, special needs because we understand waste. which pump millions of dollars of soft full well the challenges they will face, Mr. Speaker, I urge my colleagues to money into the system. We must re- the special needs they have. vote ‘‘no’’ on H.R. 1270. turn power and influence to the grass- Mr. Speaker, what this bill does in- f roots, to the people who sent us here. stead is allow parents the dignity to SAY NO TO FAST TRACK Mr. Speaker, as a conservative, I decide how best to educate their chil- came to Washington with just such an (Mr. DEFAZIO asked and was given dren, free from the Washington bureau- agenda; to return authority to the peo- permission to address the House for 1 crats and the notion of centralized ple back home. To abandon that reform minute.) planning. It is as elementary as ABC. would be to abandon that effort. I can- Mr. DEFAZIO. Mr. Speaker, those of Mr. Speaker, for an effective edu- not do so. cation, parents need to be in control. lesser intellect might question the wis- f f dom and efficacy of our trade policy. After all, our deficit rose last month. ‘‘RADICAL REPUBLICANS’’ NOT A $13,000 TOILETS BUILT BY PARK In fact, the $10.4 billion deficit in Au- MODERN MONIKER SERVICE gust was the worst in 7 months. We are (Mr. TRAFICANT asked and was headed toward a $114 billion budget def- (Mr. TIAHRT asked and was given given permission to address the House icit this year, eclipsing last year’s permission to address the House for 1 for 1 minute and to revise and extend record of $111 billion. minute and to revise and extend his re- his remarks.) Mr. Speaker, we are headed toward marks.) Mr. TRAFICANT. Mr. Speaker, the an all-time high deficit with China and Mr. TIAHRT. Mr. Speaker, often, U.S. Park Service built a $500,000 out- our deficit with our NAFTA, free-trade very often, we have heard the Repub- house. That is right. This Taj Mahal partners increased once again. There licans and their ideas called derogatory has a slate roof, a porch, and a cobble- was only one spot on the horizon that names, names like ‘‘extremist,’’ ‘‘far stone foundation. The paint cost $80 a looked a little dark. We are actually right,’’ ‘‘radical,’’ ‘‘radical Repub- gallon. The wildflower seed was $720 a running a surplus, a trade surplus with licans.’’ But this is not the first such pound. Central and South America. Imagine occasion this has happened. Unbelievable. To boot, it is earth- that. That is against the principles of In fact, Mr. Speaker, it was about 130 quake proof, able to withstand the free trade. years ago when in this very room the shock of 6.5 on the Richter, either from But do not worry, Mr. Speaker. This defenders of the status quo called a without or within. administration and the Republican group of Republicans radical. During Mr. Speaker, if that is not enough to leaders want to fix that. They want to Reconstruction, it was radical Repub- warm your globe, there is no running jam through a fast track trade agree- licans who were criticized 130 years water and the special high-technology ment so we can have free trade and the ago. self-composting toilets cost $13,000 same principles with Central and South So what were these radical ideas 130 each. The Park Service said, ‘‘We tried America that we do with the rest of the years ago that caused the radical Re- to cut costs desperately.’’ world. That means trade deficits for publicans to be so chastised by their Mr. Speaker, I have a suggestion. the United States, job exports for the critics? It was full citizenship for black Why do they not cut those $13,000 toi- United States, and disaster for the Americans, not just abolishment of lets in half to better accommodate all American workers. slavery, full voting rights, owning of those half-passed bureaucrats at the Mr. Speaker, I urge my colleagues to property, full citizenship. Now it is U.S. Park Service? say no to fast track and let us get a commonly accepted here in America. f real trade policy that makes sense for So, Mr. Speaker, when we hear to- American workers in this country. DANGERS OF TRANSPORTING day’s radical Republican ideas like f NUCLEAR WASTE scrapping the IRS Tax Code, like (Mr. GIBBONS asked and was given TIME IS NOW FOR CAMPAIGN school vouchers and competition, like permission to address the House for 1 FINANCE REFORM regulation reform and individual re- minute and to revise and extend his re- (Mr. HUTCHINSON asked and was sponsibility, remember the critics of marks.) given permission to address the House radical Republicans not long ago. It is Mr. GIBBONS. Mr. Speaker, in the for 1 minute and to revise and extend not new; it is just the entry fee for the upcoming debate over H.R. 1270, many his remarks.) bright future of our country. of my colleagues will make the unfor- Mr. HUTCHINSON. Mr. Speaker, f tunate statement that the shipment of with the failure of the Senate to ad- CONGRATULATIONS TO DEBORAH the world’s most deadly material, nu- dress the problem of campaign finance TAMARGO, WINNER IN FLORIDA clear waste, is safe. That is wrong. It is reform, the spotlight has returned to DISTRICT 58 ELECTION absolutely and totally wrong. the House to create momentum for this The Sandia National Laboratories effort. (Mr. WELDON of Florida asked and found that terrorists using a small As a conservative editor, Bill Kristol, was given permission to address the amount of military explosives could recently suggested, there is a conserv- House for 1 minute and to revise and blow just a 6-inch hole in a container, ative grassroots hostility to the mas- extend his remarks.) releasing 2,000 to 10,000 curies, a deadly sive soft money donations and the ap- Mr. WELDON of Florida. Mr. Speak- amount of radiation. parent influence such donations buy er, yesterday in Florida we had a spe- Furthermore, a 1985 Department of for big businesses and unions. cial election in Florida State House Energy contractor report stated that Mr. Speaker, we must not let the District 58. The incumbent Democrat, the release of only 1,380 curies could be American people down and shuffle Elvin Martinez, had retired to take a sufficient to contaminate, get this, 42 aside reform. Do not forget that unlike judgeship. square miles, an area that could take the Senate, we must face the voters Mr. Speaker, I rise today to con- up to 460 days to clean up at a price tag next year. To oppose this reform effort gratulate Republican Deborah for the taxpayers of more than $620 is not only bad policy, but it is bad pol- Tamargo, the new State Representa- million. itics. tive from District 58. This now moves October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8933 the Republican majority in the State SUPPORT PUBLIC EDUCATION IN students and a better buy for tax- House of Florida to 65 versus 55. AMERICA payers. Mr. Speaker, as most people know, (Mr. MCGOVERN asked and was f 1996 was the year for the first time given permission to address the House REFORM OF THE IRS AND TAX since Reconstruction that the Repub- for 1 minute.) CODE lican Party had taken the State House Mr. MCGOVERN. Mr. Speaker, the (Ms. GRANGER asked and was given in Florida, and now the State House success of America is a direct result of permission to address the House for 1 majority is 65. My congratulations go its public school system. We were minute and to revise and extend her re- out to Deborah and to all the Repub- among the first nations in the world to marks.) licans who got involved in that race. provide for universal public education Ms. GRANGER. Mr. Speaker, when I Mr. Speaker, I would like to read a for all our children. I would venture to was first elected to Congress, people quote from Tom Slade where he said, say that the majority of Members of told me that to be successful in Wash- ‘‘Perhaps a key moment came in the this House and the overwhelming ma- ington I had to know how to count my endorsement of Martinez,’’ the Demo- jority of their staff are products of the votes. I did not come to Congress to crat, ‘‘by one of the local editorial public school system in this country. count votes. I came to make my vote boards.’’ The endorsement favored the Why then, Mr. Speaker, is the Repub- count. One issue I want to speak out on Democrat in the race because of her lican leadership of this House so hos- today is the IRS. willingness to raise taxes. tile to our public schools. Let me say a Recent hearings in the Senate have Mr. Speaker, Deborah Tamargo won word about the public school system in only confirmed what millions of Amer- on Republican principles of less taxes the Third Congressional District of icans have always known, the IRS is and less government. Massachusetts, which I represent. In outdated, out of touch and out of con- f the city of Worcester, the families and trol. Mr. Speaker, it is no wonder the community enthusiastically embrace b 1015 American people are growing frus- the public school system. Eighty-seven trated with the way the IRS does busi- IRS REFORM: WELCOME ABOARD, percent of the children eligible for ness. The IRS recently spent $4 billion MR. PRESIDENT grades K through 12 attend public on a computer program which was schools. (Mr. ROGAN asked and was given completely unable to function because Working together as a community, permission to address the House for 1 it was literally overwhelmed by a Tax Worcester School Superintendent Jim minute and to revise and extend his re- Code which is too complicated and too Garvey, teachers, parents, business marks.) convoluted. Mr. ROGAN. Mr. Speaker, during the leaders, area colleges and universities, How can we expect the American peo- congressional recess I was back home and neighborhood groups have created ple to comprehend a Tax Code when a meeting with constituents at townhall a school district with topflight teach- $4 billion computer cannot? meetings. A recurring frustration ex- ers providing education to every child. Mr. Speaker, I raise these issues not pressed to me was, ‘‘you Republicans This effort deserves our respect and because I wanted to indict the IRS. I are the ones that proposed tax cuts, our praise. Mr. Speaker, I will not sup- raise them because I want to improve and you got them through; the Presi- port the majority’s plan to dismantle it. We owe the American people more, dent, who opposed them all along the our public education system. I urge my much more. We owe them an IRS that way, now is taking credit for it. You colleagues to reject these efforts on the is reasonable and we owe them a that Republicans proposed balancing the House floor this week. is readable. Mr. Speaker, the world’s budget; the President opposed it all f freest people deserve the world’s fairest along the way, and now he is taking tax system. EDUCATION credit for it.’’ I do not think that is too much to I always smile at such comments, be- (Mr. THUNE asked and was given ask. Let us tear down the Tax Code and cause I view it as proof that the Repub- permission to address the House for 1 build up the American people. lican agenda and ideals are winning. minute.) f Now, with IRS reform at the top of Mr. THUNE. Mr. Speaker, reading, our agenda, we Republicans have writing, and arithmetic are the basic CHARTER SCHOOLS pledged to the people of this country building blocks of education. Today, I (Mr. KINGSTON asked and was given that we are going to overhaul from top would like to talk about an education permission to address the House for 1 to bottom the way the IRS conducts issue that just does not add up, no mat- minute and to revise and extend his re- business. We are going to simplify the ter how we do the math. marks.) Tax Code, and make what is left of the A recent study found that 14 billion Mr. KINGSTON. Mr. Speaker, in 1992, IRS accountable to taxpayers. Since we is allocated to the Department of Edu- there was one charter school in the made this proposal, the President and cation for elementary and secondary United States of America. Today, there his advisers said they were going to op- programs. Of that $14 billion, $2 billion are over 1000. In the next 3 years, there pose us. They defended the IRS and never reaches local school districts. are expected to begin 3,000 more. What. claimed it was running satisfactorily This must be some crazy form of new Is a charter school and why do they now. math, because I cannot quite see how seem to be growing and seem to be so Lo and behold, today, I picked up the this adds up. popular? A charter school is a public Los Angeles Times. The front page The Department of Education is school. It is publicly funded, but unlike story reports that ‘‘after weeks of ve- spending our tax dollars on something most public schools these days that hement opposition,’’ the President our children never see in the class- have all their rules and regulations dic- ‘‘has made an abrupt reversal’’ and is room. We can apply algebra, geometry, tated by Washington bureaucrats, now supporting our call for IRS reform. calculus, but no matter how we look at charter schools have their own rules, Mr. Speaker, I have no doubt that in this equation, we get the wrong an- their own goals and their own set of the near future the President will for- swer. regulations. That is why they are so get his original position, and will be That is why I support House Resolu- popular. taking full credit for our IRS propos- tion 139, the Dollars to the Classroom Every day when I speak to a teacher, als, too. When I think of President resolution. This measure puts 90 per- she or he tells me about the paperwork Clinton’s tendencies in this regard, I cent of the Department of Education’s that they must do, 2 to 3 hours’ worth am reminded of the sign Ronald elementary and secondary funds where each week to send off to Washington or Reagan kept on his desk: ‘‘There is no they belong, in the classroom. It is to Atlanta to the State Capitol. They end to what a person can accomplish if pretty simple. Subtract the money tell me about going to seminars where they do not mind who gets the credit.’’ from the Washington bureaucracy and they are told not to hug children, not IRS reform. Welcome aboard, Mr. add it to the local school districts. to touch children, never to walk into a President. That equals better education for our bathroom alone with a kid because of H8934 CONGRESSIONAL RECORD — HOUSE October 22, 1997 harassment and so forth. I talked to Committee on Rules intends to make more are pending Presidential action parents who will no longer go to PTA in order as the base text for the pur- right now. Hopefully, by November 7, meetings because they say it does not pose of amendment. Members should differences over the remaining appro- matter. We have no control anymore. use the Office of Legislative Counsel to priations bills can be resolved, and the Mr. Speaker, charter schools return ensure that their amendments are Government will be operating under local control to those parents and properly drafted and should check with more normal conditions. those teachers and that classroom. the distinguished Parliamentarian to I also know that a number of my col- That is why charter schools are so im- be certain that their amendments com- leagues are troubled that the continu- portant and that is why the Republican ply with the rules of the House. ing resolution extends section 245(I) of conference is supporting them. f the Immigration and Nationality Act. f FURTHER CONTINUING APPRO- b 1030 CONGRATULATIONS TO REV. PRIATIONS FOR FISCAL YEAR I share their concern that in its cur- JESSE JACKSON 1998 rent state section 245(I) may continue (Ms. JACKSON-LEE of Texas asked Mr. DREIER. Mr. Speaker, by direc- to encourage illegal immigration, al- and was given permission to address tion of the Committee on Rules, I call though it is not the source of our ille- the House for 1 minute and to revise up House Resolution 269 and ask for its gal immigration program, and I am not and extend her remarks.) immediate consideration. convinced that allowing it to totally Ms. JACKSON-LEE of Texas. Mr. The Clerk read the resolution, as fol- expire is the right solution. The issue Speaker, I rise this morning to pay lows: needs to be resolved, preferably tribute to the Reverend Jesse Jackson. H. RES. 269 through compromise language that The reason I do so is because I am de- Resolved, That upon the adoption of this both opponents and proponents of the lighted that the President of the Unit- resolution it shall be in order to consider in law can agree on. ed States has decided to select this the House the joint resolution (H.J. Res. 97) My Committee on Rules colleague, man for all seasons to be Special Envoy making further continuing appropriations the gentleman from Sanibel Island, FL, to Africa. for the fiscal year 1998, and for other pur- [Mr. GOSS], has a thoughtful solution, Many of us have seen the works of poses. The joint resolution shall be consid- and I hope it will be part of any discus- Reverend Jackson and know full well ered as read for amendment. The joint reso- sions we have. Our Republican leader- lution shall be debatable for one hour equal- ship is also working with both sides to his compassion and intellect, his com- ly divided and controlled by the chairman mitment to world peace and humanity. and ranking minority member of the Com- resolve the differences. What better position than to assign mittee on Appropriations. The previous ques- But this rule, and the continuing res- him as a Special Envoy to Africa, tion shall be considered as ordered on the olution it makes in order, are not the working with this great continent on joint resolution to final passage without in- appropriate vehicles for settling this humanitarian issues, on issues of tervening motion except one motion to re- dispute. It is totally appropriate to peace, economic development, and so- commit. grant section 245(I) a 2-week extension cial justice. It was Reverend Jackson The SPEAKER pro tempore (Mr. because this and other issues pertain- who was at the pivotal point of work- SNOWBARGER). The gentleman from ing to the Commerce, Justice, State ing against apartheid in South Africa, California [Mr. DREIER] is recognized appropriations bill are still being ad- one of the strong, eloquent agitators for 1 hour. dressed in conference with the Senate. who provided for the freedom of the Mr. DREIER. Mr. Speaker, for pur- Let us debate section 245(I) and all of now distinguished statesman, Presi- poses of debate only, I yield the cus- the other differences that have yet to dent Nelson Mandela. Certainly a child tomary 30 minutes to my very good be resolved, but let us do it at the ap- of the movement and of the civil rights friend, the gentleman from South Bos- propriate time and the appropriate era, a protege of Dr. Martin Luther ton, MA [Mr. MOAKLEY], the distin- place. King, he was raised in the arena of un- guished ranking minority member of Mr. Speaker, I urge adoption of this derstanding how to achieve peace. the Committee on Rules, pending rule, and I reserve the balance of my We wish him well and he will make which I yield myself such time as I time. us very proud. Reverend Jackson is an may consume. During consideration of Mr. MOAKLEY. Mr. Speaker, I yield American, but he is a world leader and this resolution, all time yielded is for myself such time as I may consume, we are delighted to have his leadership the purpose of debate only. and I thank my very dear friend, my as a Special Envoy to Africa. Congratu- (Mr. DREIER asked and was given colleague, the gentleman from Califor- lations, Rev. Jesse Jackson. permission to revise and extend his re- nia, Mr. DAVID DREIER, for yielding me f marks and to include extraneous mate- the customary half hour. rial.) Mr. Speaker, we are doing the second ANNOUNCEMENT ON RULE FOR Mr. DREIER. Mr. Speaker, this rule continuing resolution because, despite H.R. 1270, THE NUCLEAR WASTE makes in order House Joint Resolution the late date, despite the President’s POLICY ACT OF 1997 97, which makes further appropriations very clear decisions, my Republican (Mr. DREIER asked and was given for fiscal year 1998. It is a closed rule colleagues still have not done their job permission to address the House for 1 providing 1 hour of debate in the and they still insist on playing politics. minute.) House, equally divided and controlled The 13 appropriation bills should Mr. DREIER. Mr. Speaker, the Com- by the chairman and ranking minority have been sent to the President for sig- mittee on Rules is expected to meet on member of the Committee on Appro- nature 3 weeks ago, but 4 of them are Friday, October 24, this Friday, to priations. being stalled because my more radical grant a rule which may restrict amend- The continuing resolution made in Republican colleagues insist on attach- ments for consideration of H.R. 1270, order by this rule is very simple and ing very controversial provisions to the Nuclear Waste Policy Act of 1997. noncontroversial. It simply extends these bills. And as far as the President Any Member contemplating an amend- until November 7, funding for those is concerned, those partisan provisions ment to H.R. 1270 should submit 55 cop- agencies and programs that have not just beg his veto. ies of the amendment and a brief expla- received permanent appropriations on Mr. Speaker, the Government shut- nation of the amendment to the Com- the terms and conditions imposed by down looming on the horizon may mittee on Rules no later than 5 p.m. on the previously adopted continuing res- sound very familiar to us. Last Con- this Thursday, tomorrow, October 23. olution, which as we all know, expires gress, when my Republican colleagues The Committee on Rules office, for tomorrow. picked politics over pragmatism, they those who are not aware of it, is up- As we all know, approval of this con- closed the Federal Government several stairs in H–312. tinuing resolution is necessary to pre- times to the tune of hundreds of mil- Members should draft their amend- vent a Government shutdown since lions of wasted tax dollars. ments to the Committee on Commerce only 5 of the 13 appropriations bills For the sake of veterans and for the reported version of the bill, which the have been signed into law, although 2 sake of Social Security recipients, Mr. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8935 Speaker, I hope they are not planning sues, including the problem of illegal So the only vote that we have ever had to do that again. But, Mr. Speaker, it immigration. on 245(I) has been against it. is sure starting to look that way. Mr. ROHRABACHER. Mr. Speaker, I We owe it to the American people not Today’s temporary funding bill will thank the gentleman from California to have a policy in place that is so con- keep the Government from shutting [Mr. DREIER]. He and I have worked on troversial and so contrary, actually down for another week. We need this a number of issues over the years and contrary to the wishes and contrary to bill, Mr. Speaker, because my Repub- we have a close relationship, but I the interests of American citizens and lican colleagues have refused to pass might add the issue I will be talking legal immigrants into our country, the rest of the appropriation bills. about today is a bipartisan issue that without having a direct vote in the Some Members, unbelievable as it may crosses both sides of the aisle. House. We have now been guaranteed sound, some Members would rather I had been planning to oppose this that there will be an up and down vote. watch these appropriation bills go rule. I had been planning to stand up The first vote on this will be Wednes- down in flames rather than work with today and ask my colleagues to join me day on the motion to instruct con- President Clinton and their Demo- in opposing this continuing resolution ferees. And if we win that, there will be cratic colleagues to make sure they be- because it included in it a provision a binding vote. come law. which would grant amnesty to 500,000 So I will be supporting this rule and For instance, Mr. Speaker, my Re- to 1 million illegal aliens who are cur- ask my colleagues to join me and look publican colleagues are using the Com- rently residing in the United States of forward to the debate on this issue merce, Justice, State appropriation America. next week. bill to stop the Census Bureau from That issue is a significant issue. It is Mrs. ROUKEMA. Mr. Speaker, I rise in using a technique called sampling, something that I did not receive an strong opposition to including the provision on which most experts agree will give us a agreement on until just a few moments section 245(i) to extend amnesty to Illegals. more accurate census count. But that ago, that there would be an up and Although, I accept the public commitment accuracy, Mr. Speaker, will come down vote other than on this rule. So made by the House leadership on allowing an mostly from improved counts of people today, while not opposing the rule, I up or down vote on this issue next week. I in inner cities and rural areas, and as am announcing to my colleagues and stand with our colleague Representative far as my Republican colleagues are to those people who are listening that ROHRABACHER on this commitment to an up or concerned, those people are better off there will be an up and down vote. down vote. When that vote comes, I urge my not counted because their presence The reason why we will not be oppos- colleagues to vote against any extension. might hurt Republicans at the polls. ing this rule is that there will be an up Section 245(i) of the Immigration and Natu- My Republican colleagues are also and down vote on 245(I) next Wednes- ralization Act should not be extended. This re- forcing a showdown on President Clin- day in the form of a motion to instruct wards illegal immigrants who knowingly vio- ton’s national education standards. conferees on the Commerce, Justice, lated the law and permits them to remain in President Clinton is hoping to set State appropriation bill to insist on the United States and gain permanent status. standards for fourth grade reading and the House’s, that means this body’s, What message does this send to people eighth grade math, but my Republican disagreement with the Senate’s perma- around the world? It tells them that they are colleagues just do not agree with him. nent extension of 245(I). better off to break the law than to follow it. It And over that issue, and over that Now, we all know in the House a mo- sends the wrong message to law-abiding peo- issue alone, the Labor, Health and tion to instruct conferees is not a bind- ple in other countries who have legally applied Human Services appropriation bill may ing motion. It does not actually secure for entry into the United States while remain- never see the light of day. the change in law that we are trying to ing in their homelands for their visas to be- On a better note, Mr. Speaker, I am gain. But if we win that vote, we then come available. It tells them to come to this glad my colleagues have included the have been assured by the leadership country illegally and then adjust the residence extension of section 245(I) of the Immi- that there will be a binding vote in this status. Section 245(i) inundates the INS an- gration and Naturalization Act in this body on the issue of 245(I). So between other endless set of applications, further creat- continuing resolution. This provision now and Wednesday this issue of 245(I) ing a backlog to delay conducting background will allow immigrants the opportunity will be discussed. checks and investigating fraudulent applica- to stay in this country while their ap- Just a preview of how much I dis- tions. plications are being processed. And agree with my good friend, the gen- I am concerned today that our benefits sys- those are only the immigrants that are tleman from Massachusetts [Mr. MOAK- tem acts as a magnet for many illegal immi- eligible for citizenship. Mr. Speaker, LEY] on this issue, is that we passed an grants. For example, many children of illegal these people are hard working. They illegal immigration reform bill last immigrants receive a free education in U.S. have families here, and we should not year with the intent of restoring re- public schools at the expense of American be uprooting them from their families spect for America’s immigration law. taxpayers, driving up the cost of education and jobs while they are waiting in line, By taking half a million to a million and taking resources away from U.S. children. legally, to become citizens. people who are in this country ille- The State of New Jersey alone spends an es- Mr. Speaker, I hope this provision gally, and permitting them to stay in timated $146 million a year to educate about does not stop with the continuing reso- this country for $1,000, we are breaking 16,000 children of illegal aliens. lution. I hope it will be permanently down the respect for our immigration The argument has been made that by allow- extended when we take up the Com- law that we attempted to build last ing section 245(i) to stay on the books, the merce, Justice, State appropriation year in our immigration reform bill. It INS makes up to $125 million in revenue re- conference report, if we take it up at is totally contrary to that process. ceived from the $1,000 fee that aliens pay to all. What we are talking about is an am- obtain legal status. But, this money pales in So Mr. Speaker, despite my opposi- nesty, a new amnesty for 500,000 to 1 comparison to the multi-billion dollar cost im- tion to the choice of politics over sub- million illegal immigrants. I strongly posed on taxpayers as a result of the dev- stance, I will support the continuing oppose that. It is in the Senate’s bill astating consequences of illegal immigration. resolution. The American people de- already, in their Commerce, State, and The cost associated with providing Federal serve a government that is open for Justice appropriation bill. Again, this benefits to illegal immigrants is astronomical. business, no matter how childish we provision has been snuck into law. We While as a society, we should not turn people get here in Washington, and I urge my will have a chance to vote on it. away from an emergency room or deny food colleagues to support this rule. There has only been one vote in the to the hungry; but I do not believe we should Mr. Speaker, I reserve the balance of Congress of the United States on the reward illegal immigrants by allowing them to my time. issue of 245(I). That vote was a resound- stay. While millions of others wait their turn in Mr. DREIER. Mr. Speaker, I yield 4 ing no. And then 3 years ago it was, in- line, year after year to enter legally. minutes to the gentleman from Hun- stead, snuck into another larger piece Although I understand that there are extenu- tington Beach, CA, [Mr. ROHRABACHER], of legislation without a vote for even a ating circumstances in some cases, I believe my very good friend with whom I have conference report, that was not voted that anyone who is in the country illegally worked closely on a wide-range of is- on by either the House or the Senate. should be held to the letter of the law. H8936 CONGRESSIONAL RECORD — HOUSE October 22, 1997 I urge my colleagues not to support any ex- penalty; those who did it wrong, got the Government go until the extrem- tension of section 245(i) and to vote against the rewards. That is backward. ists allow me to have 100 percent of the any extension at the appropriate time next In addition, a permanent extension direct loans.’’ There was a negotiation. week. would perpetuate an inherent conflict Forty percent went forward. In 1 year, Mr. DREIER. Mr. Speaker, I yield 3 of interest for the INS, which is both they could not account, the Depart- minutes to the gentleman from tasked with deporting illegal aliens ment of Education, for $50 million, and Sanibel, FL [Mr. GOSS], the chairman and requiring to process these people we said, ‘‘That’s wrong.’’ Also capped of the Permanent Select Committee on for legal residency. That is a tough de- at 10 percent, $7 billion additionally a Intelligence and the Subcommittee on cision for them. year. What happened with the 40 per- Legislative and Budget Process. While it seems there is no obvious cent? We just so happened to put it in (Mr. GOSS asked and was given per- middle ground, I have a proposal, where you cannot grow the bureauc- mission to revise and extend his re- which I understand the distinguished racy. We saved $10 billion. We in- marks.) ranking member has spoken to already, creased IDEA, we increased Pell grants Mr. GOSS. Mr. Speaker, I thank my to mitigate the impact on children to the highest level ever. And you call friend from greater metropolitan down- under 18, who rely on section 245(I) to those extremist ideas, but you want to town San Dimas, CA, the distinguished become legal permanent residents. In keep adding big Government, you want vice chairman of the Committee on other words, reduce the impact on the big bureaucracy. It takes higher taxes Rules for yielding me this time, and I families, which is a major concern for to go forward and support it. We are rise to support his rule. those of us in congressional offices who not going to allow that to happen. By allowing the House to consider have been hearing about this. When you talk about a rule that al- this 2-week extension of the existing b 1045 lows illegals to stay in, that is also not continuing resolution, this rule helps an extreme position. Legals, yes. to ensure that current government This proposal would grandfather in Illegals, no. I will support this rule. I functions remain operational while the minors already present in the United had planned like the gentleman from Congress completes the work on next States and who have approved pending California [Mr. ROHRABACHER] on Fri- year’s funding measures. We all know petitions. But it would not contradict day to vote against the rule because of that and we all know why we are doing the reforms we enacted last year. This 245(i). But I would also say to my col- this. is an important debate and there are league on the other side, for whom I Mr. Speaker, we will hear much dis- many issues involved. We simply can- have a lot of respect, when they want cussion today of one provision of the not have a policy that tells people who to get up and demagogue about the law that is still very highly controver- have abided by the lawful, established misinformation of the left, 100,000 cops. sial and that may be extended for 2 procedures that they would have been There are not 100,000 cops out there. weeks under this CR. I oppose a long- better off to simply have come across You know it and I know it. But yet you term extension of that provision of the the border illegally or to ignore our say it over and over. When the DNC immigration law, known as section laws. That is not good governance, it is fights Medicare and welfare reform and 245(I), which has been discussed already not what the people of this country are a balanced budget was vetoed twice by this morning, which allows aliens who asking us to do. I urge support for this the President and then comes forward are in this country illegally to pay a rule. and supports it, yes. But do not call us fee and then adjust to permanent legal Mr. DREIER. Mr. Speaker, I yield 3 extremists for a balanced budget, for resident status. minutes to the gentleman from Del welfare reform and tax relief for the This provision was, in fact, slipped Mar, CA [Mr. CUNNINGHAM]. American people. into permanent law 3 years ago with- Mr. CUNNINGHAM. Mr. Speaker, my Mr. MOAKLEY. Mr. Speaker, I yield out hearings, without public discus- colleague across the way said that it is myself such time as I may consume. sion, or without debate on this floor. not amnesty. It allows illegals to re- Again I cannot let Members use the That is not the way laws should be main in this country. That is amnesty. term ‘‘amnesty.’’ ‘‘Amnesty’’ is a defi- made. I do not care what semantics are, but it nite term used in immigration. One- As part of the immigration reform of allows them to stay here and we are week, 2-week extension of deportation the 104th Congress, section 245(I) was opposed to that. If you are here ille- is not amnesty. I would hope that peo- set to expire on September 30. In other gally, if you come into the United ple would just use that term the way it words, we had a phaseout of that provi- States illegally, we will legally deport is meant to be used. sion, to be fair to all people who were you to whatever country of origin that Mr. Speaker, I yield back the balance put on notice. However, Congress ex- you have, and that is our position. of my time. tended the deadline for 3 weeks in the That is what we are sticking to. Mr. DREIER. Mr. Speaker, I yield first continuing resolution this year to I would also say to the gentleman myself such time as I may consume. As allow time for Members and the public when he talks about extreme Repub- has been pointed out on both sides, this to consider ramifications. licans that cause the President to veto is a very simple, clean continuing reso- As that discussion is still continuing bills, we passed Medicare over to the lution which allows us to ensure that without resolution, the second CR in- President. It was vetoed. The DNC the government will not shut down. cludes another brief extension. I will through the unions and the White Yes, it does have that 2-week extension support this one last extension in the House, thousands of negative ads on of 245(i). The main reason it does is hopes that a consensus can be the Medicare, and the Government that we are in the process of working achieved, and I believe it can. But I shut down. It is the same Medicare bill on negotiations. will not support a blanket extension, that was passed in the balanced budget, The gentleman from Miami, FL [Mr. and I urge the House leadership to set but there are still extremists on the DIAZ-BALART] has just walked onto the aside time for full debate and vote on other side that do not want the Medi- floor and he is in the midst of working this issue. care reform. The same was true with on those, along with others who feel In my view, indefinitely extending the welfare reform, vetoed, and Gov- very strongly about addressing this the 245(I) provision flies in the face of ernment shut down, but yet welfare re- issue. The gentleman from California the reforms we passed last year by ne- form untraps people and we passed [Mr. ROHRABACHER] has said that we gating the consequences of illegally en- that. will have a vote next Wednesday on the tering the United States. A permanent I would also look at direct lending. floor. So the issue is, in fact, moot at extension would further damage the The President wanted 100 percent of di- this juncture. We should support this credibility of our immigration system, rect student loans in 1 year capped at rule and support the continuing resolu- which has for too long had its prior- 10 percent. It cost $7 billion annually tion. ities reversed. For years, illegal immi- more through the President’s direct Mr. Speaker, I yield back the balance gration has been quick, while following lending. But that was a pet program, so of my time, and I move the previous the rules has been a slow and difficult the Government shut down and the question on the resolution. process. Those who did it right, paid a President said, ‘‘We’re not going to let The previous question was ordered. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8937 The resolution was agreed to. conditions are retained. The expiration folks—we see some of those folks say- A motion to reconsider was laid on date of November 7 should give us time ing that they would rather see the en- the table. to complete our work. tire District of Columbia budget held Mr. LIVINGSTON. Mr. Speaker, pur- Mr. Speaker, while I am disappointed up for months rather than to com- suant to House Resolution 269, I call up that we have to be here asking for an- promise on the issue of $7 million for the joint resolution (H.J. Res. 97) mak- other extension of the current continu- vouchers. ing further continuing appropriations ing resolution, this is the right kind of And then on the Interior bill, we for the fiscal year 1998, and for other action that we should be taking under have language which was inserted by purposes, and ask for its immediate these circumstances. It will be signed, the conferees with respect to Lake consideration in the House. and I hope that we can get on with Clarke which was certainly not in ei- The Clerk read the title of the joint completing our work by the end of this ther bill and which in my view is a resolution. proposed continuing resolution. I urge huge threat to that spectacular piece The text of House Joint Resolution 97 the adoption of the joint resolution. of property, and that is holding up is as follows: Mr. Speaker, I reserve the balance of agreement. And so is the fact that the H.J. RES. 97 my time. administration has come in with a Resolved by the Senate and House of Rep- Mr. OBEY. Mr. Speaker, I yield my- number of items late in the day ex- resentatives of the United States of America in self 5 minutes. pressing their objections about those Congress assembled, That section 106(3) of Mr. Speaker, there is absolutely no items when in fact many of them were Public Law 105–46 is amended by striking reason for this continuing resolution to not raised when we had top level dis- ‘‘October 23, 1997’’ and inserting in lieu be here and for that matter there is ab- cussions with the leadership on those thereof ‘‘November 7, 1997’’, and each provi- solutely no reason for this Congress to issues. And so it seems to me that sion amended by sections 118, 122, and 123 of continue to be in session. To the best there is no reason whatsoever to con- such public law shall be applied as if ‘‘No- of my understanding, we are continu- vember 7, 1997’’ was substituted for ‘‘October tinuing this session or to pass this CR 23, 1997’’. ing to be in session past the leader- except for the fact that we have a few ship’s original target date for adjourn- The SPEAKER pro tempore [Mr. folks around this town and in two cases ment for two reasons. a few folks in the other caucus in this SNOWBARGER]. Pursuant to House Reso- One, there appears to be a Senate Re- lution 269, the gentleman from Louisi- House who would rather hold their publican Campaign Committee dinner breath and turn blue than get the peo- ana [Mr. LIVINGSTON] and the gen- with a fundraising target of $5 million ple’s work done. tleman from Wisconsin [Mr. OBEY] each which is to take place on November 5 There is not a whole lot we can do will control 30 minutes. or 6, and I guess certain folks would The Chair recognizes the gentleman about that, but we are essentially get- like to keep the Congress around for ting paid each day between now and from Louisiana [Mr. LIVINGSTON]. that so there is good attendance at the end of this session for doing noth- GENERAL LEAVE that dinner. ing. It seems that sooner or later, we Mr. LIVINGSTON. Mr. Speaker, I ask The second reason is because there ought to tell both the hardheads in this unanimous consent that all Members are essentially four issues remaining House and the Johnny-come-latelies in may have 5 legislative days within on four appropriation bills which rea- the administration that we are not in- which to revise and extend their re- sonable people ought to be able to re- terested in their continuing to hold up marks on House Joint Resolution 97 solve and which if left to this commit- our ability to finish this session of the and that I might include tabular and tee could be resolved within a week. Congress. It seems to me that granting extraneous material. There is no reason whatsoever why ap- further extensions only encourages The SPEAKER pro tempore. Is there propriation bills could not be finished people to refuse to cooperate. objection to the request of the gen- yet this week or certainly early next if It appears to me that we are not tleman from Louisiana? this committee were allowed to do its going to be able to shut this place There was no objection. work on appropriation items. But we down until the extreme elements in Mr. LIVINGSTON. Mr. Speaker, I have four issues which are still hanging this House on at least two issues have yield myself such time as I may out there. Until somebody at a higher demonstrated that they are willing to consume. level than the committee decides go right through the end of the con- (Mr. LIVINGSTON asked and was which way this boat is going to go, we tinuing resolution period before they given permission to revise and extend are going to be continuing to go in cir- are going to be willing to compromise. his remarks.) cles. As long as we are around here, the ad- Mr. LIVINGSTON. Mr. Speaker, the Virtually nothing has happened since ministration is going to be continuing initial fiscal year 1998 continuing reso- we passed the last CR with the excep- to ask for other items that they had lution expires tomorrow night. Cur- tion, I believe, of one or two non- not thought of before. rently 5 of the 13 appropriations bills controversial appropriation bills. But It just seems to me what we ought to have been enacted into law and 2 oth- we are still being held up on the issue do is pass this CR and say, ‘‘Boys and ers are pending at the White House. We of education testing. It would seem to girls, no more. No more. Get your work have concluded conference on one addi- me reasonable people could come to a done. Come up here and compromise, tional bill which is pending in the Sen- compromise on that agreement. We are recognize that you are not just elected ate, leaving five left to finish in the still being held up on Mexico City pol- to define differences, you are also House. Because these remaining bills icy because the right-to-life folks in elected to resolve differences once will not be completed by tomorrow the Republican caucus will brook no those differences are defined.’’ night, it is necessary now to proceed compromise whatsoever and some of As I said earlier, on the Appropria- with an extension of the current short- the population groups on the other side tions Committee I am convinced the term continuing resolution so that of the issue will also brook no com- gentleman from Louisiana and I could government can continue to operate promise whatsoever. reach agreement in about 2 days, while we finish our work. Again, it seems if this House is will- maybe 2 hours on these items. It just The joint resolution now before the ing to take back its duty and do what seems to me it is ludicrous to pretend House merely extends the provisions of it thinks right rather than listening to to the public that anything useful is the initial continuing resolution until outside lobby groups, this Mexico City going on because hardheads will not be November 7. The basic funding rate issue could be resolved in about 5 min- reasonable. would continue to be the current rate. utes. Mr. Speaker, I reserve the balance of We retain the provisions that lower or On the District of Columbia bill, we my time. restrict those current rates that might have those folks on the other side of b be at too high a level and would there- the aisle who would rather see, as they 1100 fore impinge on final funding levels. have already been quoted in the news- Mr. LIVINGSTON. Mr. Speaker, I Also, the traditional restrictions such paper as saying—and I am not talking yield myself such time as I may as no new starts and 1997 terms and about all the folks but some of the consume. H8938 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Mr. Speaker, much of what the gen- Mr. OBEY. I yield to the gentleman It does not declare as legal people who tleman from Wisconsin has said, I have from Louisiana. have come here illegally. It does not to agree with. I think we could wrap up Mr. LIVINGSTON. Mr. Speaker, hav- change the order in which a person’s our business very rapidly, but for other ing grown up in Louisiana where the claim is adjudicated. reasons, we are not. I would say we are Democratic Party was of paramount There is one single worldwide line for making progress. We are not sitting significance throughout my entire life, everyone who is waiting for their im- around doing nothing. The fact is we I would only say that was what I was migrant visa. There are category lim- expect that today, for example, the In- taught by my friends, neighbors, peers, its, there are country limits, and only terior bill will be resolved and filed allies, and Democratic friends. So that when that person’s number comes up with the House, and the Labor-Health is why I used the term ‘‘Democrat.’’ and that person’s time in line, he gets bill by the end of the week will, for all Mr. OBEY. Mr. Speaker, reclaiming to the front of the line, can he then ad- intents and purposes, be finalized and my time, the name of the party is just his status. be ready for House action next week. ‘‘Democratic.’’ Mr. Speaker, we produce now $200 But in addition to appropriations Mr. Speaker, I yield 5 minutes to the million a year in revenue, essentially matters, let me say that the Congress gentleman from California [Mr. BER- by processing the people in-country still has yet to complete action on the MAN]. rather than giving even greater ISTEA legislation, which deals with Mr. BERMAN. Mr. Speaker, first I amounts of that money to the airlines and costing our State Department far funding of transportation projects. want to rise in support of the continu- more to process them overseas. This That will have to be done between now ing resolution and to congratulate both frees up our consular officials to do the and the time that we adjourn, and a the Chair and the ranking member of key work of screening applicants for matter of great importance to the the committee for the extraordinary visas in those countries, looking for President, if not to the other side of work they do on this whole process. If everything went as they wanted, I terrorists, looking for people with the aisle, is this whole matter of fast criminal backgrounds, ensuring they think we would be moving through this track, which deals with the authoriza- do not come into this country. It has whole process quite quickly. tion of the President to negotiate trade them doing the work we should be But I took this time and came to the deals with our Latin American friends wanting them to do, not simply proc- floor after listening to some really fla- and allies. essing the paperwork for people whose grant misrepresentations about one as- The President has said that it is very turn has come through the legal immi- pect of the continuing resolution and important to him and to the future of gration system. the country, and I tend to agree with of the appropriations process, and that It is for that reason that an incred- him. However, if you do a nose count at is the question of the extension of sec- ible array of organizations, almost this point, the fact is that the Presi- tion 245(I). every major business organization in dent has been very unpersuasive with I have heard it discussed as an am- the country, wants to do this. This is his Members of his own party. Very few nesty provision and stay of deportation the most expeditious and sensible fash- Members of the Democrat Party as of provision. Section 245(I) has nothing to ion for processing legal immigrants. this moment seem to support that fast- do with that. So, I just hope as the appropriators track legislation, and it would fall on Section 245(I) of the law, in the immi- go to a decision on the Commerce- the shoulders of the Republicans to gration law, is only available to people State-Justice bill, as we deal with this pass the legislation, which, frankly, who are already eligible to become per- continuing resolution, that all of the puts us in an awkward position, be- manent residents. It is not an amnesty, scare tactics about amnesty and stays cause some of our Members do not it only applies to people who, under our of deportation are seen for what they favor it. And the last thing in the legal immigration system, are now eli- are. They are an effort to cloud the world that would be good for this coun- gible at the particular time to adjust real issue in the 245(I) debate. try, and, in fact, for this administra- status. Section 245(I) produces $200 million a tion, is if the matter were brought up The only issue it deals with is where year by allowing people whose time has to the floor and had an insufficient they can adjust status, whether they come to adjust status through the legal number of votes to pass. can adjust status in this country or immigration system to adjust in the So I expect that the President, if he whether they have to go back to their United States. Eighty percent of that is listening or if he reads the proceed- home country, take the airline, pay the money goes for enforcement of our bor- ings of debate on this resolution, airline, go into our consular office at ders and to keep illegal immigrants should get busy and start calling Mem- our embassy or one of the Consulates from entering the United States, and it bers of his own party to encourage in the foreign country, go in that makes a tremendous amount of sense them to support an initiative which he morning, show their papers, pick up from every point of view and from has advocated and proposed and backed their visa, and in many cases on the every type of analysis. I urge its adop- for the last couple of years. very next flight. tion. That is an important piece of legisla- What we did back 3 or 4 years ago is Mr. OBEY. Mr. Speaker, I yield back tion, and that must be tackled before say this is crazy. We are pushing a the balance of my time. Mr. LIVINGSTON. Mr. Speaker, I we leave. If we do not have the votes, great deal of resources into our belea- guered embassies abroad for work that yield back the balance of my time. however, it will not be. The SPEAKER pro tempore (Mr. With that, Mr. Speaker, I have no ad- is not particularly relevant to any- SNOWBARGER). All time for debate has thing in our national interests. We are ditional requests for time, and I re- expired. serve the balance of my time. giving money to the airlines. Let us The joint resolution is considered as Mr. OBEY. Mr. Speaker, I yield my- raise the fees for that adjustment. having been read for amendment. self 1 minute. Let the agency that is most equipped Pursuant to House Resolution 269, Mr. Speaker, a small point, but I to deal with it, the Immigration and the previous question is ordered. would ask the gentleman when he re- Naturalization Service, deal with it, in- The joint resolution was ordered to fers to my party to refer to it as the country, for those people who are eligi- be engrossed and read a third time, was Democratic Party. That is, in fact, the ble. It simply permits these people who read the third time, and passed, and a name of our party. We do not call the are eligible, who are in line, whose motion to reconsider was laid on the Republican Party the ‘‘Republic time has come, to adjust to legal sta- table. Party.’’ It has been a practice of some tus in this country as a permanent f Members of the Republican Party for a resident, to do that in the United generation to call us the ‘‘Democrat States. PROVIDING FOR CONSIDERATION Party,’’ but, in fact, it is the Demo- It does not give illegal immigrants OF H.R. 1534, PRIVATE PROPERTY cratic Party, and I would appreciate it the right to live in the United States. RIGHTS IMPLEMENTATION ACT if they would remember that. It is not a defense to an action for de- OF 1997 Mr. LIVINGSTON. Mr. Speaker, will portation. It is not a stay of deporta- Mr. MCINNIS. Mr. Speaker, by direc- the gentleman yield? tion. It is not an American necessity. tion of the Committee on Rules, I call October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8939 up House Resolution 271 and ask for its consume. During the consideration of clear end to the process of resolving immediate consideration. this resolution, all time yielded is for land use disputes which, under the cur- The Clerk read the resolution, as fol- the purpose of debate only. rent administrative and judicial sys- lows. Mr. Speaker, House Resolution 271 is tem, can drag on for years. H. RES. 271 a modified closed rule providing for 1 While this legislation seeks to give Resolved, That at any time after the adop- hour of general debate, equally divided property owners their day in court, it tion of this resolution the Speaker may, pur- between the chairman and ranking mi- does not change the statutory suant to clause 1(b) of rule XXIII, declare the nority member of the Committee on underpinnings that define takings, it House resolved into the Committee of the the Judiciary, and waiving points of does not change environmental laws, Whole House on the state of the Union for consideration of the bill (H.R. 1534) to sim- order against consideration of the bill and it does not mandate compensation. plify and expedite access to the Federal for the failure to comply with clause What it does do, Mr. Speaker, is to pro- courts for injured parties whose rights and 2(L)(6), relating to the 3-day availabil- vide a much more expeditious remedy privileges, secured by the United States Con- ity of committee reports. to land use and property rights dis- stitution, have been deprived by final actions Additionally, House Resolution 271 putes arising from Federal statutes and of Federal agencies, or other government of- makes in order the Committee on the constitutional law. ficials or entities acting under color of State Judiciary amendment in the nature of In spite of my support for the legisla- law; to prevent Federal courts from abstain- tion, Mr. Speaker, I must oppose this ing from exercising Federal jurisdiction in a substitute now printed in the bill as actions where no State law claim is alleged; an original bill for the purpose of rule which provides for its consider- to permit certification of unsettled State amendment, modified by the amend- ation. The Committee on Rules major- law questions that are essential to resolving ments printed in part 1 of the Commit- ity has recommended a rule which de- Federal claims arising under the Constitu- tee on Rules report. Moreover, the rule nies the House the opportunity to fully tion; and to clarify when government action provides that the committee amend- debate the matter. This rule, in effect, is sufficiently final to ripen certain Federal ment in the nature of a substitute shall forces Democratic Members to barter claims arising under the Constitution. The be considered as read. among themselves for which amend- first reading of the bill shall be dispensed with. Points of order against consideration Additionally, House Resolution 271 ment to the bill might be included as a of the bill for failure to comply with clause provides for an amendment in the na- part of a Democratic substitute. 2(l)(6) of rule XI are waived. General debate ture of a substitute, if offered by the In addition, an amendment relating shall be confined to the bill and shall not ex- gentleman from Michigan [Mr. CON- to homeowners and their property ceed one hour equally divided and controlled YERS] or his designee. The rule provides rights, which was brought to the com- by the chairman and ranking minority mem- that this amendment, if offered, shall mittee by the gentleman from Min- ber of the Committee on the Judiciary. After be considered as read, shall be debat- nesota [Mr. VENTO] was rejected by the general debate the bill shall be considered committee Republicans. The excuse of- for amendment under the five-minute rule. It able for 30 minutes equally divided and shall be in order to consider as an original controlled by the proponent and oppo- fered by the Republican majority was bill for the purpose of amendment under the nent, and shall not be subject to that there was not sufficient time to five-minute rule the amendment in the na- amendment. If the gentleman from consider amendments before the House ture of a substitute recommended by the Michigan [Mr. CONYERS] or his designee completes is business for the year. This Committee on the Judiciary now printed in does not offer the amendment or if the is a very poor excuse, Mr. Speaker, for the bill, modified by the amendments print- amendment is rejected, no other denying Members the opportunity to ed in part 1 of the report of the Committee amendment shall be in order except the fully debate a matter of such impor- on Rules accompanying this resolution. That tance. amendment in the nature of a substitute amendment offered by the gentleman shall be considered as read. No amendment from New York [Mr. BOEHLERT], which I support this legislation and I will to that amendment in the nature of a sub- shall be considered as read, shall be de- urge all Members to vote for its pas- stitute shall be in order except a further bated for 30 minutes, equally divided sage, but I am of the opinion that the amendment in the nature of a substitute of- between the proponent and opponent of consideration of one or two additional fered by Representative Conyers of Michigan the amendment. amendments would not have tied up or his designee, which shall be considered as the House and delayed our departure. b read, shall be debatable for thirty minutes 1115 Perhaps it would have been wise for the equally divided and controlled by the pro- Likewise, this amendment shall not Republican leadership to have sched- ponent and an opponent, and shall not be be subject to amendment. subject to amendment. If that further uled more legislative days this month amendment is rejected or not offered, then Finally, Mr. Speaker, the rule pro- and fewer district work period days. We no other amendment shall be in order except vides one motion to recommit, with or have important business to attend to the amendment printed in part 2 of the re- without instructions. House Resolution in Washington, and H.R. 1534 is just one port of the Committee on Rules, which may 271 was reported out of the Committee of those important matters that should be offered only by the Member designated in on Rules by voice vote. be heard and should be passed. the report, shall be considered as read, shall Mr. Speaker, House Resolution 1534, I have no doubt, Mr. Speaker, about be debatable for thirty minutes equally di- the Private Property Rights Implemen- the outcome of the vote on this rule, vided and controlled by the proponent and an tation Act of 1997, is an attempt to ad- but I would like to remind my Repub- opponent, and shall not be subject to amend- ment. At the conclusion of consideration of dress procedural hurdles which cur- lican colleagues once more of their the bill for amendment the Committee shall rently prevent property owners claim- pledge to open the process in this rise and report the bill to the House with ing a violation of the fifth amend- House. This legislation is seeking to such amendments as may have been adopted. ment’s takings clause from having fair clear away hurdles encountered by Any Member may demand a separate vote in and equal access to Federal court. H.R. property owners who seek to assert the House on any amendment adopted in the 1534 attempts to remedy this situation their rights in court. Why then cannot Committee of the Whole to the bill or to the by defining when a final agency deci- the Republican majority do the same amendment in the nature of a substitute sion takes place and prohibiting Fed- for Members of this House, and clear made in order as original text. The previous question shall be considered as ordered on eral judges from invoking the absten- away the hurdles that they have erect- the bill and amendments thereto to final tion doctrine to avoid cases that ed which prevent Members from ex- passage without intervening motion except revolve on the fifth amendment pressing their points of view? one motion to recommit with or without in- takings claims. I urge my colleagues to Mr. Speaker, again, I support H.R. structions. support this rule. 1534. It is a bill which enjoys bipartisan The SPEAKER pro tempore. The gen- Mr. Speaker, I reserve the balance of support, and is a far cry from the tleman from Colorado [Mr. MCINNIS] is my time. takings legislation passed by this recognized for 1 hour. Mr. FROST. Mr. Speaker, I yield my- House 2 years ago. This legislation is a Mr. MCINNIS. Mr. Speaker, for the self such time as I may consume. procedural bill which clarifies how the purpose of debate only, I yield the cus- Mr. Speaker, I rise in support of H.R. Federal courts should address Federal tomary 30 minutes to the gentleman 1534, the Private Property Rights Im- property rights claims. It seeks to from Texas [Mr. FROST], pending which plementation Act of 1997. This impor- bring relief to property owners, who I yield myself such time as I may tant legislation seeks to provide a now can spend an average of 10 years H8940 CONGRESSIONAL RECORD — HOUSE October 22, 1997 jumping through the administrative just considered. I want to thank the nities on whether or not, for example, and judicial hurdles that currently Committee on Rules, particularly the to deny a permit for building in an exist in order to be allowed to use their gentleman from New York, Chairman area, if when that permit were granted property. It is relief that is long over- SOLOMON, for the very fair approach it would bring in unnecessary intrusion due, and which can be remedied that has been taken on this bill. The in terms of heavy traffic, where ade- through passage of this bill. rule will allow full and open debate on quate infrastructure does not exist. It Mr. Speaker, I yield back the balance a policy dispute of great significance. happens in our home towns every sin- of my time. Again, I offer my appreciation and my gle day. Mr. MCINNIS. Mr. Speaker, I yield support. Do we want decisions made for us in myself such time as I may consume. What is the policy dispute that is at our home towns by Washington, DC in Mr. Speaker, first of all, I appreciate the center of H.R. 1534? It comes down every single zoning issue? I think the the support of the bill offered by the to this: Do Members of this body want answer is clearly no, so we have to deal gentleman from Texas [Mr. FROST]. to interfere for the first time with the with it in a different way. Mr. Speaker, I yield back the balance most basic sorts of local zoning deci- We would expedite Federal court ac- of my time, and I move the previous sions? I say we should not do that, that cess for property owners with a claim question on the resolution. any problems that exist with local zon- against a Federal agency. I think that The previous question was ordered. ing procedures ought to be remedied by is very appropriate. I urge support of The SPEAKER pro tempore. The State law, not by the intrusion of Fed- the rule and support for the Boehlert question is on the resolution. The resolution was agreed to. eral judges. substitute. I thank the Chair for being A motion to reconsider was laid on I am more than a little bit surprised so indulgent. the table. to see some of my more conservative f colleagues throwing overboard their f professed belief in Federalism to allow PRIVATE PROPERTY RIGHTS THE REFORM OF THE INTERNAL Federal judges to intrude early on in IMPLEMENTATION ACT OF 1997 REVENUE SERVICE these extremely local matters. The SPEAKER pro tempore. Pursu- (Mr. MCINNIS asked and was given This is not just my view. I do not ant to House Resolution 271 and rule permission to address the House for 1 stand alone in the well of this House. XXIII, the Chair declares the House in minute and to revise and extend his re- The bill is opposed by the National the Committee of the Whole House on marks.) Governors’ Association, by 40 States the State of the Union for consider- Mr. MCINNIS. Mr. Speaker, I have Attorneys General, including Attorney ation of the bill, H.R. 1534. this opportunity today to talk about General Lundgren of California, Attor- b 1127 the Internal Revenue Service. As we ney General Vacco of New York. know, it is great gratitude that I ex- The list goes on and on. It is opposed IN THE COMMITTEE OF THE WHOLE press to the White House, and thank by the Judicial Conference of America, Accordingly, the House resolved it- the President for changing his mind, chaired by Chief Justice Rehnquist of self into the Committee of the Whole thank him for coming on board with the Supreme Court of the United House on the State of the Union for the this Republican majority here, and States; it is opposed by the National consideration of the bill (H.R. 1534) to frankly being helped by a lot of Demo- League of Cities; by the U.S. Con- simplify and expedite access to the crats, to force reform in the Internal ference of Mayors; by all the environ- Federal courts for injured parties Revenue Service. This is a charge that mental groups who, incidentally, are whose rights and privileges, secured by has been led by the Republican Party. going to double score this bill, because the U.S. Constitution, have been de- It is a charge that will be seen through of the significance of what is being pro- prived by final actions of Federal agen- by the Republican Party. Now it is a posed. The list of opponents of H.R. cies, or other Government officials or charge that is going to be supported by 1534 goes on and on. I think it is very entities acting under color of State the White House. important for all of my colleagues to law; to prevent Federal courts from ab- Why do we need reform in the Inter- really give full focus to what is being staining from exercising Federal juris- nal Revenue Service? Because that is proposed. diction in actions where no State law one of the few exceptions in the judici- I am not sure how anyone could claim is alleged; to permit certification ary process in this country where you claim with a straight face that this bill of unsettled State law questions that are assumed guilty and you have to is ‘‘noncontroversial’’; anything but. are essential to resolving Federal prove yourself innocent. That is one of The manager’s amendment represents claims arising under the Constitution; the agencies the gentleman from a decided improvement in the bill, but and to clarify when Government action Texas, Mr. ARCHER, who should receive it does not remedy the fatal flaw. The is sufficiently final to ripen certain lots of merit and lots of commendation bill still would let Federal judges inter- Federal claims arising under the Con- for his leadership on this, is going to fere with far more local zoning deci- stitution, with Mr. SNOWBARGER in the change. sions. Think about that. Do we want chair. It is about time that the Internal everything kicked upstairs to the Fed- The Clerk read the title of the bill. Revenue Service, when they come to eral Government, where all decision- The CHAIRMAN. Pursuant to the your house, you are assumed innocent making is made here? I think the an- rule, the bill is considered as having until the IRS proves you guilty. There swer to that is clearly no. been read for the first time. are some other very basic and fun- The SPEAKER pro tempore. The Under the rule, the gentleman from damental reforms that we are going to time of the gentleman from New York North Carolina [Mr. COBLE] and the put through on the Internal Revenue [Mr. BOEHLERT] has expired. gentlewoman from California [Ms. Service. This is a great day for the tax- Mr. BOEHLERT. Mr. Speaker, I ask LOFGREN] will each control 30 minutes. payers of this country. Finally they unanimous consent to proceed for 1 ad- The Chair recognizes the gentleman are going to have accountability from ditional minute. from North Carolina [Mr. COBLE]. the Federal Government that works for The SPEAKER pro tempore. Is there Mr. COBLE. Mr. Chairman, I yield them. objection to the request of the gen- myself such time as I may consume. f tleman from New York? Mr. Chairman, H.R. 1534 is about Con- There was no objection. gress’ duty to implement the 5th and THE PRIVATE PROPERTY RIGHTS Mr. BOEHLERT. Mr. Speaker, my 14th amendments to the Constitution. IMPLEMENTATION ACT substitute, the Boehlert substitute, is The U.S. Constitution protects individ- (Mr. BOEHLERT asked and was given the only way to correct that flaw, be- uals from having their private property permission to address the House for 1 cause it would eliminate the portion of ‘‘taken’’ by the Government without minute and to revise and extend his re- the bill dealing with local zoning laws. receiving just compensation. marks.) Let me reemphasize what we are To file a claim of a violation of that Mr. BOEHLERT. Mr. Speaker, I rise talking about. We are talking about fundamental right, plaintiffs encounter in strong support of the rule that was local decisions made in local commu- several high obstacles which must be October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8941 negotiated or crossed prior to the Fed- was offered by the gentleman from humongous legal expenses. That has to eral courts hearing the cases on their California [Mr. GALLEGLY], the primary be factored into the decision-making merits. Plaintiffs alleging violations of author of the bill, and approved. process. other fundamental rights oftentimes do At the full committee markup, the That is why this bill really does tilt not encounter the same hurdles before amendment of the gentlewoman from the playing field in favor of developers gaining access to the Federal courts. California [Ms. LOFGREN], who will be and away from neighbors and home- Plaintiffs filing taking claims in Fed- handling the bill for the minority, owners who enjoy the benefit of zoning eral court are met with steep require- which required a land use applicant to protection that local governments do ments prior to their case being consid- seek review of a denied appeal, or waiv- impose. ered to be ripe. A plaintiff must show er from a local elected body if that pro- Mr. Chairman, let me pose this issue both that there has been a final deci- cedure is available, was approved. And because it comes from my own experi- sion by the State or local govern- I say to the gentlewoman from Califor- ence. A number of years ago when I mental entity which has authority nia, I think that was a sound proposal was on the board of supervisors we es- over land use, and that the plaintiff and I think improved the bill. tablished regulations, because we could has requested compensation by ex- Mr. Chairman, the bill includes a not outlaw the pornography businesses hausting all possible State remedies. manager’s amendment which will fur- that were established in part of our ju- ther address concerns expressed to the risdiction. We, the board of super- b 1130 committee by other Members. These visors, were ultimately sued. Ironically, it may be impossible to provisions narrow the scope of terms Mr. Chairman, in that case, under then get any Federal remedy because that could be construed more broadly this law, we would elevate the rights of the case has been forced to be heard in than intended. It will include a provi- the pornographers in that case to im- the State court and a case cannot be sion that ensures local agencies an op- mediately go to Federal court to chal- tried twice in most instances. Depriva- portunity to offer suggestions to an ap- lenge the zoning regulations that the tion of a Federal remedy goes against plicant that must be taken into ac- local government had imposed. I do not what our Founding Fathers saw as a count or consideration in resubmitting think such a result is intended by the uniquely Federal matter, it seems to the application before the applicant authors or proponents of the bill, but it me. may seek an administrative or judicial is an outcome that is predictable and Lower courts attempting to interpret appeal and subsequent Federal court will happen in towns and counties when a final decision has occurred have litigation. around the country. Mr. Chairman, it is no wonder that reached conflicting and confusing deci- Mr. Chairman, I reserve the balance H.R. 1534 has drawn such diverse and sions which are not instructive to of my time. takings plaintiffs trying to determine Ms. LOFGREN. Mr. Chairman, I yield strenuous opposition. The Attorney General, the Secretary of the Interior, when their cases are ripe. H.R. 1534 de- myself such time as I may consume. fines when a final decision has been Mr. Chairman, I rise in opposition to the Administrator of the EPA, and the reached in order to give takings plain- H.R. 1534, the first takings proposal Chair of the Council of Environmental tiffs some certainty in the law so that which specifically targets our State Quality have recommended a veto and the President has given strong signs their fifth amendment rights may be and local elected officials. properly reserved. This legislation would mandate a se- that he would veto this bill. The National Governors’ Association, Takings plaintiffs also confront the ries of rules granting expedited access the Conference of Mayors, the League barrier of the abstention doctrine when to the Federal courts for property of Cities have come out in strong oppo- filing a claim in Federal court. This takings claims. In addition to provid- sition to the bill as of yesterday. A bi- doctrine gives Federal judges the dis- ing developers with special procedural partisan group of 37 State attorneys cretion to refuse to hear cases that are advantages, the bill could alter the general opposes the bill because in otherwise properly before the court. substantive law of takings in favor of their words it invades the province of Judges often avoid land use issues developers. State and local governments. They are based on the abstention doctrine, even The net result would be legislation joined by a broad array of environ- when the case involves only a Federal which does unbalance the playing field mental groups as well as The New York fifth amendment claim. as between State and local govern- Times and the Washington Post. H.R. 1534 remedies this by prohibit- ments and developers. Even worse, the Mr. Chairman, I think we must make ing district courts from abstaining bill elevates the rights of real property sure that we understand that the man- from or relinquishing jurisdiction when owners above all other categories of ager’s amendment does not really fix the case alleges only a violation of persons having constitutional claims the problems, the many problems in Federal law. H.R. 1534 would not affect against the Government, which would this legislation. Even after the third the traditional abstention doctrines, include civil rights victims and the rewrite of this bill, it still allows devel- Younger, Pullman, and Burford, used like. We believe that this is being pro- opers to bypass local administrators in by the Federal courts because it allows pounded in the absence of any quan- State courts and imposes significant a Federal court to abstain from hear- titative evidence that justifies this new costs on local government. It ing any case that alleges a violation of massive intrusion into States rights. would still impose on the Federal a State law, right, or privilege. Under H.R. 1534, for example, if a cor- courts to decide cases based on inad- H.R. 1534 does not remove State court poration, say Wal-Mart, seeks to estab- equate records, and it still elevates the jurisdiction, even over Federal claims. lish a very large, some would say even claim of real property developers above Plaintiffs with Federal takings claims oversized commercial development in a ordinary civil rights claimants. will still be able to file in State courts. small town, and the town says no be- In some respects the manager’s H.R. 1534, the bill before us, simply cause of the massive development and amendment has made the bill even assures plaintiffs with a 5th or 14th Wal-Mart is dissatisfied, they would worse by creating a series of complex amendment takings claim that a have the opportunity to immediately and vague new procedural require- meaningful Federal option exists. threaten to bring suit and to march ments and by allowing developers to This bill has undergone many im- down to Federal court, forcing the proceed to Federal court without even provements already since its introduc- town to incur a large amount of legal waiting for a final answer. tion. For example, amendments in- expenses. Mr. Chairman, I urge a ‘‘no’’ vote on cluded at the subcommittee and full Mr. Chairman, in that situation, I H.R. 1534 so we can continue to allow committee levels addressed the special will add I spent 14 years in local gov- democratically elected local officials concerns of opponents that the bill was ernment having to deal with difficult to protect their citizens, to protect too broad and that it would circumvent issues of zoning and land use. It has to neighborhoods and to protect home- local elected officials. At the sub- be a factor for local governments who owners from unwise development committee markup, an amendment are constantly facing financial short- through the prudent use of zoning. making it clear that H.R. 1534 applies falls to know that if they decide in I would like to note also that I do un- only to cases involving real property favor of neighbors, they may face derstand there are occasions when H8942 CONGRESSIONAL RECORD — HOUSE October 22, 1997 overzealous zoning and regulation can, acres and the remaining acres to be set sion regarding the extent of permis- in fact, lead to takings. In those cases aside as a buffer. But the board of com- sible uses of the property. it is fair that justice be brought to the missioners rejected that plan. When local law provides for an appeal land developer. I do believe in the fifth In 1989, the county attorney deter- process by administrative agency, the amendment and its clause providing for mined that the Reahards could build applicant must receive one denied ap- due compensation in the case of such four homes, but the board of commis- peal to have a final decision. If the takings. However, this is the wrong sioners decided again only to allow one local authorities render an opinion on remedy for those cases and I would home on the 40-acre tract. The what the applicant was turned down urge my colleagues to join me in vot- Reahards filed a complaint in Florida for, the applicant must then reapply ing ‘‘no.’’ State court, but the attorneys in Lee incorporating those comments. Mr. Chairman, I reserve the balance County removed the case to Federal In addition, where local law provides of my time. court. for review by local elected officials, the Mr. COBLE. Mr. Chairman, I yield 7 In 1990, the Federal district court de- applicant must also receive a decision minutes to the gentleman from Florida cided in favor of the Reahards. The from those officials. A clarification of [Mr. CANADY], a member of the Com- court ruled that the Reahards had ex- this issue with regard to ripeness will mittee on the Judiciary. hausted all the administrative rem- reduce legal costs for both property Mr. CANADY of Florida. Mr. Chair- edies, that their claim was ripe for ad- owners and local governments who will man, I rise today in strong support of judication, and that a taking had oc- now, under this law, know when and H.R. 1534, the Private Property Rights curred. The jury awarded the couple where to file these cases. Implementation Act. This bill has the $700,000 for the lost use of their land The suggestion has been made that simple purpose of streamlining the and for their legal costs. this is a partisan bill. This is not a par- process by which property owners peti- But, Mr. Chairman, this is not the tisan bill. This is a bipartisan bill. tion for compensation when their prop- end of the story. Between 1992 and 1994, There are nearly 50 Democratic cospon- erty has been taken by a unit of gov- Lee County twice appealed the case to sors. This is addressing a very real ernment. the U.S. Court of Appeals for the 11th problem that affects property owners Mr. Chairman, the fifth amendment Circuit. The first time, the circuit all across this country. I urge my col- of the U.S. Constitution provides that court remanded the case to the district leagues to support the bill. private property shall not be taken for court to revisit the ripeness issue. The Just to conclude on the point, this is public use without just compensation. district court again found that the a very real issue that is affecting prop- The intent of this constitutional pro- issue was ripe and the jury award was erty owners all across the country. In tection is being thwarted by the cur- reinstated. most zoning cases, this sort of abuse rent state of confusion regarding when Lee County again appealed to the does not occur. But it occurs all too and where a takings claim may be 11th Circuit. On the second appeal, the often. And when it takes place, it im- filed. Property owners are subjected to circuit court decided that the Reahards poses an unreasonable burden on the an inefficient and unnecessary legal had not exhausted their State court property owner. It can end up imposing maze of appeals back and forth between remedies and that the district court significantly greater costs on the tax- local boards, State courts, and Federal should not have heard the case in the payers who end up having to pay the courts. first place. interest costs that are incurred while To illustrate the hurdles which face By 1997, the Reahards’ case was back these cases drag on, and drag on, and property owners who seek to defend in State court. The Lee County Circuit drag on. their property rights, I will cite today Court ruled that a taking had occurred I believe that the House has a respon- the efforts of a couple in Florida who and the jury awarded the Reahards sibility to address this issue. This is challenged the rezoning of their land. $600,000 plus $816,000 in interest dating being addressed in a bipartisan way. Their 13-year odyssey, 13 years, Mr. back to 1984. The manager’s amendment, as I un- Chairman, through numerous layers of derstand it, has attempted to address b 1145 bureaucracy is, I am afraid, typical, all the concerns that have been raised by too typical of the struggle endured by In addition, the jury awarded attor- various folks who have raised issues countless property owners every day in ney’s fees and other costs to the about the bill. I believe that the bill this country. Reahards. Lee County has appealed the that is before the House strikes a bal- In 1984, Richard and Ann Reahard in- case to Florida’s Twentieth Judicial anced approach that takes into ac- herited 40 acres of land in Lee County, Circuit Court of Appeals where it is count the concerns of local govern- FL, an area not far from the district I now pending. If the appeals court up- ments, but also recognizes that the represent in central Florida. The land holds the lower court’s ruling and jury property owner has some rights that was zoned for high density residential award, Lee County will owe the need to be protected and the property development. Two weeks later the Reahards close to $2 million. Was this owner has to be able to get to court to county adopted a land use plan which 13-year-long costly legal battle really do that. restricted use of the Reahards’ land to necessary? I thank the gentleman for yielding a single house. That is a single house A major issue in this case was wheth- me the time. I urge my colleagues to on a 40-acre tract. With this rezoning, er a final decision had been reached by support the bill. the county reduced the value of the the local authorities and if the case Ms. LOFGREN. Mr. Chairman, Mr. parcel by 96 percent, yet the county was, therefore, ripe or ready for review Butterworth, the attorney general of had no plans to compensate the by a Federal court. The bill we have be- Florida, does oppose this bill. The prior Reahards for their loss. fore us today, H.R. 1534, clarifies this speaker may not have been aware of Among the many zoning petitions issue by defining what constitutes a that. filed by the Reahards with local au- final decision, yet it leaves intact sev- Mr. Chairman, I yield 4 minutes and thorities were: An application for an eral layers of review by local authori- 30 seconds to the gentlewoman from administrative determination of error, ties. Texas [Ms. JACKSON-LEE], a member of a request for plan amendment, and an Under H.R. 1534, a property owner the Committee on the Judiciary. application for determination of mini- with a takings claim will have received Ms. JACKSON-LEE of Texas. Mr. mum use. These appeals were made a final decision when, upon filing a Chairman, I thank the distinguished variously to the county planning and meaningful application for property gentlewoman, a member of the Com- zoning commission, the county board use, a definitive decision regarding the mittee on the Judiciary and Represent- of commissioners, and the county at- extent of the permissible uses of the ative from California, for yielding me torney’s office with differing results. property is made. That is, the final de- the time. In 1988, that is 4 years from when this cision will occur when the property This is an important issue. None of odyssey started, the planning and zon- owner has received a final decision, us, Mr. Chairman, would in any event ing commission approved the building upon the filing of a meaningful applica- be opposed to the fairness as it relates of up to six units per acre on 35 of the tion for property use, a definitive deci- to the fifth amendment and the whole October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8943 question, if you will, of property ing. This smacks right in the middle of snarled up in court for years. I agree with my rights. But let me rise to share my con- disrupting local government and their colleagues that such a delay is overly burden- cerns concerning H.R. 1534, the Private ability to reason and to work with the some. I am concerned, however, that H.R. Property Rights Implementation Act developers and others in these very dif- 1534 may not be the correct solution to this of 1997. ficult issues. problem. It is not a sheer case, as the previous Right now I am facing a situation H.R. 1534 will have a very serious and ad- speaker has indicated, of vindicating where there is major pollution by a verse impact on the ability of State and local those property owners who want to large corporation in my community governments to implement their zoning and pursue their goals of development. It is and obviously they are in Federal land use laws. This bill attacks the primacy of a question of sidestepping State and court, and it puts the burden on these local and State officials in land use matters by local governments, very compelling in- neighborhoods who are trying to fight effectively taking control over local land use terests of zoning and protecting the against this pollution. This bill is like- away from State and local governments and rights and interests of their citizens ly to result in a significant increase in putting that power into the hands of the Fed- who would be less empowered to fight Federal judicial workload, a particular eral Government. intrusion and development that they problem given the high number of va- H.R. 1534 threatens to severely diminish the may not want. cant judgeships. negotiating posture of States and municipali- Let me also say how supportive I am According to a recent Congressional ties, by allowing developers and polluters to of my friends in the building industry Research Service report, there is a threaten to bring them into Federal court on and the many good works that they sound argument that H.R. 1534 will re- an expedited basis. For example, under the have done dealing with building hous- sult in a significant increase in the bill, if a developer seeking an oversized com- ing and my intent is to work with them caseload of the Federal courts particu- mercial development is dissatisfied with the through this process. However, I think larly from takings litigation. I believe initial land use decision by a small town, it this legislation would greatly narrow the Boehlert amendment will improve could immediately threaten to bring suit both the ripeness and abstention doc- this legislation. against that town in Federal court. The costs trines exercised in Federal courts with This amendment limits the effect of of litigating this issue would overwhelm many respect to claims made under the the bill to takings claims brought small towns and counties. Under this bill, the takings clause of the fifth amendment about against the Federal Government case could proceed even if negotiations re- and in doing so increases the ability of and would not impact the abstention or garding alternative developments were ongo- Federal courts to accept jurisdiction ripeness doctrines as they affect cases ing, even if there was an insufficient record over local land use matters. brought against State and local gov- available for the Federal court to make a rea- This is a difficult proposition to pro- ernments. In doing so, the Boehlert soned takings decisions, and even if there pose. This says that the local elected amendment answers some of the con- were important unresolved State legal issues. officials, the people duly elected by the cerns of those Members who are con- H.R. 1534 is also likely to result in a signifi- State’s citizens and the city’s citizens cerned about the burdensome legal cant increase in the Federal judicial workload, can be usurped. Proponents of this leg- process. So I am supporting the Boeh- a particular problem given the high number of islation argue that this bill is nec- lert amendment. vacant judgeships. According to a recent Con- essary to remedy the excessive barriers Let me also acknowledge that this gressional Research Service report on the leg- that property owners face in receiving does not give the same kind of protec- islation, ``There is a sound argument that H.R. their just compensation. They point tion to those who are fighting civil 1534 will result in a significant increase in the out that under current law landowners rights violations. Therefore, I find this Federal courts, particularly from takings litiga- trying to defend their property rights to be contradictory and hypocritical at tion.'' are frequently snarled up in courts for best. Also, I wanted to note that in the Another very important concern with H.R. years. Sometimes this is burdensome. I Washington Post and the New York 1534 is that it unfairly identifies one type of am concerned, however, that the bill Times, both of these have labeled this action for violation of Federal rightsÐproperty may not correct a solution. legislation as undermining local gov- takings under the fifth amendmentÐfor fa- H.R. 1534 will have a very serious and ernment. vored consideration in Federal courts, while ig- adverse impact on the ability of State We find that the League of Cities, noring all other types of procedures where ab- and local governments to implement Conference of Mayors, and 40 State at- stention may apply. For example, abstention their zoning and land use laws. This torneys general are against this and has been held appropriate in section 1983 ac- bill attacks the primary powers of this gives developers and property own- tions involving the sixth amendment right to local and State officials in land use ers who have a wealth of money an im- counsel, conditions of confinement at a juve- matters by effectively taking control balance against small towns and coun- nile facility, the denial of Medicare benefits, of local land use away from State and ties and cities who fight every day to gender-based discrimination, and parallel local governments and, if Members protect their citizens. I think we can State-court criminal proceedings. Are the will, putting a speeding train across work out some of these problems. This rights of property developers more important the finish line into Federal courts. is not the right legislation to go for- then the life, liberty, and other civil rights of H.R. 1534 threatens to severely di- ward. Americans including claims regarding personal minish the negotiating posture of Mr. Chairman, I would offer to say property and intangible property? If not then States and municipalities. As a former that my colleagues should oppose this why should the claims of land developers be member of a city council, local govern- legislation. Let us go back to the draw- given priority treatment in our Federal courts ment, we have on many occasions been ing boards and really work out a solu- when Federal courts abstain from deciding able to dialog and compromise on some tion. other civil rights claims that are at least as of these very ticklish issues. This Mr. Chairman, I rise today to share my con- valid and important? would be hampered by allowing devel- cerns regarding H.R. 1534, the Private Prop- In light of these problems with H.R. 1534, I opers and polluters to threaten to erty Rights Implementation Act of 1997. This urge my colleagues to join me in supporting bring them into Federal court on an legislation would greatly narrow both the ripe- the Boehlert amendment in the nature of a expedited basis. ness and abstention doctrines exercised in substitute. The amendment limits the effect of For example, under the bill, if a de- Federal Courts with respect to claims made the bill to takings claims brought against the veloper seeking an oversized commer- under the takings clause of the fifth amend- Federal Government, and would not impact cial development is dissatisfied with ment and in so doing increases the ability of the abstention or ripeness doctrines as they the initial land use decision by a small Federal courts to accept jurisdiction over local affect cases brought against State and local town, it could immediately threaten to land use matters. governments. In so doing, the Boehlert go to Federal court. The cost of litigat- Porponents of this legislation argue that amendment answers the concerns of those ing this issue would overwhelm many H.R. 1534 is necessary to remedy the exces- Members who are concerned about the bur- small towns, counties, and cities. sive barriers that property owners face in re- densome legal process that many landowners Under this bill, the case could even ceiving their just compensation. They point out have encountered and yet have long advo- proceed if negotiations regarding the that, under current law, landowners trying to cated the importance of State and local gov- alternative developments were ongo- defend their property rights are frequently ernment authority. H8944 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Mr. COBLE. Mr. Chairman, I yield 3 dom of speech, whether it be freedom of these questions have been and can be minutes to the gentleman from Arkan- association, or whether it be the pro- reviewed. sas [Mr. HUTCHINSON]. tection against unlawful taking of pri- The procedure and the jurisprudence Mr. HUTCHINSON. Mr. Chairman, I vate property. is clear. The courts have defined this want to thank my friend from North For that reason, I support the legis- process for years, and the process is de- Carolina for his work on this legisla- lation. It preserves important constitu- fined to protect the property owner, to tion. tional principles. It preserves a balance permit him to use his property in an Let me assure everyone that this leg- between the desire to zone property, intelligent and beneficial manner. It is, islation received a full hearing in Com- but the desire to give homeowners the however, also arranged so that the mittee on the Judiciary. The concerns property protection from unlawful tak- rights of honest citizens who might that have been expressed have been ing. For that reason I support this leg- live in the neighborhood will receive adequately addressed in the legislation islation. protection. and I rise in strong support of the Pri- Ms. LOFGREN. Mr. Chairman, I yield Now, let us vision this. An individual vate Property Implementation Act. I 5 minutes to the gentleman from wishes to create a deep injection well believe it is important. There are two Michigan [Mr. DINGELL]. into the subsoil. The citizens object. fundamental principles that are at (Mr. DINGELL asked and was given The question under this legislation is issue and are at stake in this legisla- permission to revise and extend his re- federalized. Citizens cannot go through tion. marks.) the normal procedure. And the result is First of all, there is the constitu- Mr. DINGELL. Mr. Chairman, this is that the Federal courts all of a sudden tional principle that the Government an extraordinary day. My Republican have a question of great local concern cannot take your property without just colleagues are trying to federalize a without any real awareness or any real compensation. This was learned when whole bunch of State activities and sentiment of closeness to the people we studied the Constitution at an early State procedures and to impose Federal who are involved. age. It has been preserved in our his- law both on the subject of rights and Is that a good result? Is that the re- tory and it is one of the most impor- on the subject of procedure upon local sult we want? And is that a result tant constitutional principles that we units of government, a remarkable ac- which we want at a time my Repub- have. The second principle that is at tivity in view of all the talk I have lican colleagues are telling us how im- issue in this legislation is that con- heard on this side about devolution. portant it is that these matters should stitutional rights are to be protected in Here are the questions that are po- be decided at the local level? I think Federal court. tentially to be brought into the Fed- this is insane. As an attorney in private practice for eral court. Whether a community is The question of whether or not the almost 20 years, I brought into Federal going to permit a house of ill-repute, a local governments are proceeding cor- court due process claims, first amend- place for nude dancing or adult book rectly now under the laws and the Con- ment claims involving freedom of stores to be established in a particular stitution is settled, clear, understood speech, freedom of association, freedom area, whether there will be glue fac- and sound jurisprudence. They decide of religion. In Federal court they deal tories, slaughterhouses, nuclear waste the question on the basis of appro- with constitutional claims regarding dumps or hazardous waste dumps or, priate proceedings where all parties are unlawful seizure. The Federal courts, indeed, ordinary municipal dumps es- afforded an opportunity to be heard, though, have set up a particular burden tablished at a particular place. then the matter can be elevated and is for anyone who is asserting the con- These are hardly rights that should subject to suitable and appropriate ju- stitutional principle that property be litigated in a Federal court. This in- dicial review. And the people in the should not be taken without just com- cludes whether bars, crack houses, process, if they deal with it incor- pensation. That is the abstention doc- opium dens and places where narcotics, rectly, either in the administrative trine, that the Federal courts have to illegal drugs and illegal activities of all process or in the courts, the courts refrain from that, they refer it back to sorts are conducted. The question of then are subject to having the matter State court. whether activities which constitute a reviewed in Federal court. This is sen- It creates a tremendous burden on clear public nuisance, as interpreted by sible, intelligent protection of the the homeowner, the property owner the States and the local units of gov- rights of all. who desires to protect their rights. So ernment, will be permitted in a par- But remember that we are addressing the constitutional principle of private ticular area, and if the person or the questions which involve a difficult bal- property rights has been diminished entrepreneur who wishes to engage in ancing of the rights of the property and I believe put below other constitu- these kinds of activity feels he is not owner and the rights of the citizen. tional rights because of this doctrine going to get fair treatment in a State What my colleagues are saying to the and the hesitancy of Federal courts to court or in the State-administered pro- citizens, if we adopt this legislation, is consider this type of case. cedure, he rushes to Federal court that the question of whether a nuclear The purpose of this legislation is to where the Federal judiciary has then waste dump or a slaughterhouse or a restore the protections to the property got to take up the important question, glue factory or a rendering plant or a owner. In Arkansas, I assure my col- for example, of whether nude dancing nuclear waste dump or a house of ill re- leagues, this is an important constitu- should be permitted near a church or pute is now a matter of Federal con- tional right that must be protected. whether a bar may be located within cern; that a bar or a place where illegal This legislation maintains an appro- 100 yards of a school or whether some activities are a public nuisance, or a priate balance, protecting the rights of other kind of action, long known and place where nude dancing is permitted the city and the municipality in their long viewed as being noxious and ob- is a question that is an essential Fed- zoning laws, but yet at the same time noxious to the public interest and to eral right that goes immediately to the looking out at the protection of the the concerns of the people in the area Federal courts for consideration by the homeowner. Under the bill the land- will be permitted. Federal judiciary. owner must go through the usual ap- b I think this is the worst and most in- peal process, but when court action is 1200 tolerable kind of invasion of the rights necessary, then they are assured of ac- And it will be done in Federal Court, of communities, the rights of States cess to the Federal courts. not the State court, not in the court and the rights of ordinary citizens that The objection that has been raised where people are closest to the people this body could construct. today is the Federal courts are too in the community. Mr. COBLE. Mr. Chairman, I yield 5 busy. It will result in a crowded dock- Now, the Constitution protects the minutes to the gentleman from Califor- et. I believe that the Federal court rights of all, the property rights and nia [Mr. GALLEGLY], the principal au- should never be too busy to hear con- other rights. There is a long history of thor of the legislation before us. stitutional cases, to hear constitu- how these rights are protected in State (Mr. GALLEGLY asked and was tional claims, claims that involve con- and Federal court, and there is an in- given permission to revise and extend stitutional rights, whether it be free- telligent and a sensible way in which his remarks.) October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8945 Mr. GALLEGLY. Mr. Chairman, gov- to defend their constitutional rights. there is a lot of misinformation out ernment bodies may have legitimate So this bill is about equal access to jus- there. reasons for restricting the use of pri- tice for the ordinary landowners and This is not about whether people will vate property, for local zoning, envi- property owners of America. be compensated for the taking of their ronmental protection and other pur- Mr. Chairman, it is often said that property. People always have been, will poses. Most government agencies use justice delayed is justice denied. I urge continue to be compensated for a tak- these powers very responsibly. How- my colleagues to support H.R. 1534 to ing of property, and that is a right ever, sometimes they do not. And when simplify the process our constituents under the Federal Constitution. But a government body infringes on an in- must navigate to defend their personal this is not about whether the Federal dividual’s rights as guaranteed under property rights and their constitu- courts only can decide that. State the Constitution, that person should tional rights. courts have and do and should continue have their day in court to defend those Ms. LOFGREN. Mr. Chairman, I yield to decide Federal constitutional issues rights. such time as he may consume to the based on who has jurisdiction over That is what this bill is all about, gentleman from Texas [Mr. HALL]. those issues and where the lawsuit is giving property owners their day in (Mr. HALL of Texas asked and was filed. court, not on choosing sides in takings. given permission to revise and extend For the Republicans to say to us that I think the need for this bill is also his remarks.) somehow we should direct the Federal demonstrated by the broad support we Mr. HALL of Texas. Mr. Chairman, I courts to do this seems to me com- have received here in the House. H.R. rise in support of the private property pletely inconsistent with everything 1534 to date has 239 bipartisan cospon- owners and in support of H.R. 1534. that they have said that they stand for. sors. Of these, 44 Members happen to be Mr. Chairman, the fifth amendment to the First of all, they have told us that they Democrats. Constitution guarantees certain private prop- believe in the devolution of power back The bill specifically states that noth- erty rights and protections that have been sub- to the State and local level. This bill is ing in H.R. 1534 would change the legal ject to various interpretations by the courts absolutely counter to that proposition. arguments or whether a landowner de- over the years, often at great expense and a Second of all, they have told us that serves to be compensated for the loss of great waste of time to private property owners. they believe in disputes being resolved economic value of their land. Judges For many years the Congress has at- at the level of conflict closest to the would use the same current standards tempted to secure the rights of private prop- people. This is absolutely contrary to to evaluate the merits of these cases. erty owners and to clarify the intent of the fifth that proposition. Third, they say they want these However, people would not have to amendment. In the 104th Congress the House things resolved quickly. Well, we have wait for years and years to get those passed legislation that would have curtailed ju- a backlog in the Federal courts unlike merits considered. dicial interpretation of the takings clause in the any State in this Union, because the The bill applies only in cases in amendment and would have established a for- Senate will not let the Federal judges which a Federal claim has been made, mula for the Federal Government to com- be appointed, and so we are getting fur- not to State cases. The language of the pensate private property owners from Federal ther and further and further behind. So bill makes certain that the Federal agencies limited use of their property. Unfortu- to put these cases in Federal Court is courts may continue to abstain their nately, the Senate did not act on the bill, and going to prolong the process, not short- jurisdiction if there is a case pending private property disputes were left to the dis- en the process. in a State court arising out of the same cretion of the courts. This is a bad idea. State courts can operative facts. This provision ensures However, today we will try again to provide and should resolve these disputes. Fed- that H.R. 1534 absolutely does not af- some long-sought relief for private property eral courts can and should resolve fect in any way proceedings in the owners through a bill, H.R. 1534, that would these disputes. The current law allows State courts. expedite disputes between private property that to happen right now and we ought Circumstances involving other Fed- owners and Federal agencies in Federal court. to leave it alone. eral rights or legislation are given a Under current law, property owners often Mr. COBLE. Mr. Chairman, I yield 3 fair chance to be heard in the Federal spend years in courtÐat the local, State and minutes to the gentleman from Oregon courts. For example, Federal environ- Federal levelÐin an attempt to prove their [Mr. BLUMENAUER]. mental laws are readily enforced in the case. This bill will give property owners the Mr. BLUMENAUER. Mr. Chairman, I Federal courts. First amendment right to have their case heard in Federal court thank the gentleman for yielding me claims against local governments have in a more timely manner, and it clarifies other this time. no trouble getting a hearing in the provisions that will facilitate legal action. The I am here in Congress because I am Federal courts. Only property rights bill does not usurp the authority of State and absolutely committed to communities are routinely dismissed or delayed be- local governmentsÐbut it does help speed up being able to achieve livable futures. I cause of abstention or ripeness. the resolution of State issues. was present at the inception of Or- Let me give my colleagues one exam- Mr. Chairman, we have an opportunity to egon’s landmark land use planning ple that illustrates this problem ex- help eliminate the impediments that the courts laws, and I spent the last 18 years of tremely well. Earlier this year the Su- have placed on the protections offered under my life in local government imple- preme Court ruled on a case brought by the fifth amendment. This legislation will help menting some of the best and most far- Mrs. Bernadine Suitum. Mrs. Suitum restore the rights of property owners to due reaching environmental protections in was basically denied 99 percent use of process of law and a timely determination of America and, as such, I would like to her property, which is in Lake Tahoe, just compensation for property that has been offer some observations about today’s CA. She was told she could not build seized for public use. This is not an issue of legislation. her retirement home or anything else States' rightsÐStates will still have authority First, I am happy that so many of my on her lot. over State issues. This is a constitutional Republican and business friends ac- For 8 years, Mrs. Suitum sought to issue, and I ask my colleagues to join me knowledge that there is a legitimate have her request for compensation today in support of H.R. 1534 to help guaran- Federal role in local and State land use heard in the Federal courts. However, tee these constitutionally protected private planning. This is an important mile- year after year the Federal judges property rights. stone for Congress. But I do fear that a ruled that her case was not ripe. Only Ms. LOFGREN. Mr. Chairman, I yield number of people are avoiding the true now, after the Supreme Court ruled 3 minutes to the gentleman from North circumstance that occurs in develop- unanimously in her favor, are the mer- Carolina [Mr. WATT], a member of the ment in many parts of our country. its of her case being heard. committee. In the absence of comprehensive land It never should have taken that long. Mr. WATT of North Carolina. Mr. use plans developed by local govern- If Mrs. Suitum could not get the merits Chairman, I thank the gentlewoman ment with the help of their citizens of her case heard for 8 years, what for yielding me this time. and business interests, we have a chance do other property owners have? I rise in opposition to this bill, and I patchwork system that too often em- Few people have the time or money to wish to talk for a minute or two about ploys as a central part legal maneuver- fight all the way to the Supreme Court what this bill is not about, because ing and political pressure. I believe H8946 CONGRESSIONAL RECORD — HOUSE October 22, 1997 from the bottom of my heart this is the The bill would fundamentally alter this time. There is some controversy wrong way to go. the balance between localities and the on this bill. I was able to pass an Just because communities have not Federal Government, between devel- amendment when it was offered on the yet decided to have a comprehensive opers and neighborhoods, between the floor 2 years ago. People may argue plan in place does not mean that people legislative and the judicial branches. about limiting, causing damage to pri- can do anything they technically or le- The bill would overturn a 7-to-1 Su- vate property and wanting to com- gally want with their property. In- preme Court decision, a decision in pensate them for it. I believe when the stead, there is an elaborate political which all the conservative justices of Federal Government takes an action legal tangle in most communities. This the time, Burger, Rehnquist, O’Connor, which limits the use of or damages the is an exceedingly inefficient and often concurred. property of a citizen, the Federal agen- unfair way to resolve the important Make no mistake about it, H.R. 1534 cy should in fact be responsible for en- public policy decisions attendant to de- represents a fundamental shift in suring they be made whole. No action velopment. American law and will rob commu- do them. There needs to be a way to provide nities of the opportunity to determine I support the bill, but I do not believe incentives to State and local govern- their own destinies. this bill in its current form really is in ments to carefully codify their plan- the total best interests of all of the ning objectives in terms of zoning and b 1215 people we represent. Not all of our con- development requirements, along with Forget about legal doctrine for a stituents have accountants and attor- cost and fee structures that require de- minute. Let us look at the practical neys. If this bill becomes law, those big velopment to pay its own way. A com- impact of the bill. It basically removes corporations and all those people have bination of sound land use planning any incentive for a developer to nego- all those legal eagles and they are and appropriate user fee structures tiate with a community because the going to advise them exactly what to makes good development possible. developer will always be able to threat- do and what is available to them and I do not fear a wholesale legal assault en to take the community immediately how to go about it, but the average cit- on behalf of the development commu- into Federal court. That will change izen may not even know there is an ac- nity. My experience is that State and the look of every single community in tion taken which may have in the fu- local government have at least as this country. Think about it. ture caused them to lose money. many legal resources and opportunities Now, supporters of the bill some- My amendment says that when a as the private sector. In fact, over the times say, ‘‘We’re just making sure Federal agency takes an action that years, I have seen local government that the fifth amendment claims can causes an American to have their prop- better able to defend itself in this fash- get to Federal court.’’ We think fifth erty use restricted or to lose value, ion than the private sector. We in local amendment cases should get to Federal that the agency shall give notice to the government pay our attorneys by the court, but the Federal court cannot de- owners of that property explaining year rather than by the hour. termine if the fifth amendment has their rights under the law and then, I look forward to working with the been violated until they know exactly second of all, the procedures that they development interests, local govern- what a zoning board would allow, ex- can use for obtaining any compensa- ments, and the environmental commu- actly how much a local action reduced tion if they are eligible for it. nity as this bill works its way through property values and exactly what com- Now, if this is not fairness, I want the legislative process. I do see it as a pensation was offered. Bringing Fed- someone to tell me what fairness is. step forward in the discussion of how eral courts in prematurely, as this bill This language was accepted over- we are going to direct and manage does, simply allows Federal judges to whelmingly on the House floor during the debate 2 years ago. It ensured that growth without undo legal and politi- substitute their judgment for the local- every private citizen and property cal wrangling. ity’s before all the facts are in. Ms. LOFGREN. Mr. Chairman, I yield owner would be afforded the same Again, do not take my word for it. myself such time as I may consume, types of procedural rights and protec- Here is what the Judicial Conference of and note that the Attorney General of tions as do those people that can afford the United States says: ‘‘The bill would Oregon does oppose the bill. to hire attorneys and accountants. I alter deeply ingrained federalism prin- Mr. Chairman, I yield 3 minutes to would like to ask the Congress that, in ciples by prematurely involving the the gentleman from New York [Mr. the wisdom of the Congress, under Federal courts in property regulatory BOEHLERT]. unanimous-consent order to allow this matters that have historically been (Mr. BOEHLERT asked and was given amendment to be offered on the floor processed at the State and local lev- permission to revise and extend his re- for an up or down vote. That, I ask. I els.’’ marks.) hope that that opportunity would be Here is what the National Governors’ Mr. BOEHLERT. Mr. Chairman, I rise made available. It makes the bill bet- Association wrote in a letter signed by in strong opposition to this bill. In ter. From what I understand, the spon- doing so, I do not stand alone. I am re- Governor Voinovich of Ohio: ‘‘The re- sor of the bill is in support of that lan- flecting not only my own position but sult will be substantially more Federal guage and I see no opposition. that of the National Governors’ Asso- involvement in decisionmaking on Ms. LOFGREN. Mr. Chairman, I yield ciation, most State Attorneys General, purely local issues.’’ Listen to the ex- 2 minutes to the gentleman from Cali- 40 at last count, the Judicial Con- perts who do not have a financial inter- fornia [Mr. FARR]. ference of the United States, chaired est in the outcome of this bill. This bill Mr. FARR of California. Mr. Chair- by Chief Justice Rehnquist, the Na- says we do not trust local govern- man, I thank the gentlewoman for tional League of Cities, the U.S. Con- ments. This bill says devolution; that yielding me this time. I rise in opposi- ference of Mayors, and every single en- is, sending authority from the Federal tion to this bill. I want to speak spe- vironmental group who view this issue Government to the State and local gov- cifically to some of those cosponsors, as of such magnitude that they are ernments, is a cockamamie idea. This because I got close to cosponsoring this going to double score it. bill says all wisdom is vested in Fed- bill until I read it. Frankly what this It is an unusual coalition and they eral courts, not in State and local bill is is a fast track for developers. It have come together on this for good courts. I urge opposition to H.R. 1534 is a fast track that allows them to by- reason. The reason is simple: This bill unless the sensible Boehlert amend- pass the local zoning process. violates the most basic principles of ment is passed. Look at this. This bill is opposed by federalism. That is just as true of the Mr. COBLE. Mr. Chairman, I yield 3 the National League of Cities, by the manager’s amendment as it is of the minutes to the gentleman from Ohio National Mayors, and by the National original text. That is not, as some say, [Mr. TRAFICANT]. Governors’ Association. Why? It is be- a narrow procedural fix. Far from it. (Mr. TRAFICANT asked and was cause this bill allows that usurpation Would all these groups be arrayed given permission to revise and extend or that bypassing of the local process. against powerful developers if the bill his remarks.) What does that do? First, it is going to was a narrow procedural bill? I doubt Mr. TRAFICANT. Mr. Chairman, I cost local governments a lot more it. thank the gentleman for yielding me money to have to defend these cases. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8947 Remember, this case is driven by the bill is vital. It will end litigation, con- zoning and land use disputes, this bill would property owner and the property owner solidate it and protect procedural undermine authorities that are appro- in this case is sponsored by the Home- rights of property owners in America. priately the province of state and local gov- Ms. LOFGREN. Mr. Chairman, I yield ernments and create a new unfunded man- builders Association. This is not the date on state and local taxpayers. We urge little lady in tennis shoes who we often 2 minutes to the gentleman from Maine you to vote against H.R. 1534. talk about that may have conditions [Mr. ALLEN]. This bill would give parties to a local prop- placed on the development of her house Mr. ALLEN. Mr. Chairman, I appre- erty dispute immediate access to federal and therefore you have got a takings ciate the gentlewoman yielding me courts before state and local processes have issue. What the sponsor did not tell this time. Mr. Chairman, I served as a had a chance to work. The result will be sub- you is that in California, the State he city counselor in Portland for 6 years stantially more federal involvement in deci- and as mayor of the city of Portland. I sion making on purely local issues. This rep- represents, there is in the State con- resents a significant infringement on state stitution a protection of takings is- was also an attorney. So I have a per- and local sovereignty and interferes with our sues. There is a protection in the na- spective, I think, on this issue that I ability to balance the rights of certain prop- tional Constitution. want to share with other Members. erty owners against the greater community So there is nothing here that is bro- First of all, in cities like mine, we good or against the rights of other property ken. The only thing that is broken is have perfectly appropriate and sound owners in the same community. It also rep- the fact that people do not like zoning local zoning practices. I would argue resents a significant new cost shift to state conditions, use permits, and conditions that most communities, a great many and local governments as we are forced to re- solve disputes in the federal judiciary in- placed upon those use permits on their communities in this area, do very well. stead of through established state and local property. Second, I would say this. Although if procedures. As the gentleman from Michigan [Mr. you look around the country there is a In our view, the Founding Fathers never DINGELL] indicated, you could do all variation between how quickly you can intended the federal courts as the first resort kinds of things. You could complain move through State court and how in resolving community disputes among pri- that if you were a liquor store owner quickly you can move through Federal vate property owners. Rather, these prob- that you wanted to put your liquor court, at least in my State it is more lems should be settled as close to the af- fected community as possible. By removing store next to a high school because time consuming, more expensive to go local disputes from the state and local to the that local zoning may prohibit that. to Federal court, more complicated. federal level, H.R. 1534 violates this principle You could complain because you would I would just say to Members of this and undermines basic concepts of federalism. not be allowed to put your waste dump House, we have heard over and over For these reasons we urge you to oppose in a residential neighborhood. Those again the urging of Members of this H.R. 1534. are all issues that would generate House to push more responsibility back Sincerely, to the State and local governments. We GOV. GEORGE V. VOINOVICH, takings issues. Chairman, National I think that this body ought to wake have also heard concerns about the Governors’ Associa- up and listen to a former Speaker who Federal courts. What are we doing with tion. said all politics is local. In this case, this bill? We are pushing local land use MARK SCHWARTZ, leave those politics local. Oppose this disputes into the Federal courts so Councilmember, Okla- legislation, join the National League of they can be dealt with there. homa City, Presi- Cities, the U.S. Conference of Mayors, That is why the National Governors’ dent, National the National Conference of State Leg- Association, the National League of League of Cities. islatures, and the Judicial Conference Cities and the U.S. Conference of May- MAYOR PAUL HELMKE, City of Fort Wayne, of the United States and the President, ors are all in opposition to this bill. President, U.S. Con- who will veto this bill if enacted the This bill, as they say, would give par- ference of Mayors. way it comes to the floor. I oppose H.R. ties to a local property dispute imme- Mr. COBLE. Mr. Chairman, I yield 1 1534. diate access to Federal courts before minute to the gentlewoman from Ohio Mr. COBLE. Mr. Chairman, I yield 1 State and local processes have a chance [Ms. PRYCE]. minute to the gentleman from Louisi- to work. I do not think that yields bet- Ms. PRYCE of Ohio. Mr. Chairman, I ana [Mr. TAUZIN]. ter government for us here in the Con- rise in strong support of this bill. Mr. TAUZIN. Mr. Chairman, I rise in gress or for our taxpayers back home. Today we have an opportunity to open support of this bill. I want to bring to The distinguished gentleman from the courthouse doors to America’s pri- Members’ attention a single case in California, the sponsor of this bill, said vate property owners who are clamor- Louisiana, 20 years old now, a Corps of it would provide equal access to justice ing outside, hoping to gain entrance Engineers levee project. The corps de- for ordinary landowners. I dispute that. merely to exercise their constitutional nied the project in 1976. The land- I agree with the gentleman from Cali- rights. owners overturned it. It went to court fornia [Mr. FARR], who said this bill is At one time in our Nation’s history over and over again. Eventually the fast track for developers. We should the property rights of individuals were EPA exercised veto authority in 1985, not pass this bill. The Founding Fa- sacred. In our Constitution the Found- denying the landowners’ rights. When thers never intended the Federal courts ing Fathers provided that that no per- the landowners finally filed suit follow- as the first resort in resolving commu- son shall be denied of life, liberty, or ing that veto exercise in 1985, which nity disputes among private property property without due process, nor shall they contested in court additionally, owners. private property be taken for public the court ruled that the 6-year statute Mr. Chairman, I include for the use without just compensation. of limitation had passed and they no RECORD the letter dated October 21, But increasingly local, State, and longer had a right to file a claim for 1997 from those three groups, the Na- Federal Governments have overlooked takings. tional League of Cities, the National the Constitution and placed more and Now, get this. They were in court for Governors Association, and the U.S. more restrictions on land use in a man- all these years, from 1976 to 1985. When Conference of Mayors. ner that ignores rather than protects they finally lose their case in 1985, EPA The text of the letter is as follows: the interests of those who own the vetoes the project and therefore their NATIONAL GOVERNORS’ ASSOCIATION, land. In these situations, it is only land is taken from them, all viable use NATIONAL LEAGUE OF CITIES, U.S. right that landowners have a fair op- has been taken away. The court then CONFERENCE OF MAYORS, portunity to challenge the decisions of rules that the 6-year statute of limita- October 21, 1997. governmental bodies in court. But in- tion is over and they should have filed DEAR MEMBER OF CONGRESS: We are writing stead their access to justice is rou- years ago for the taking when they did to express our strong opposition to H.R. 1534, tinely denied. In fact, only 20 percent the so-called Private Property Rights Imple- not know a taking had yet occurred. mentation Act of 1997. We assure you that of takings cases successfully weave They eventually had that decision state and local elected officials are deeply their way through the procedural ob- overturned. committed to the protection of private prop- stacles that await them in a journey It is 20 years and these property own- erty rights. However, by preempting the tra- that takes an average of 91⁄2 years to ers have not yet received relief. This ditional system for resolving community navigate. H8948 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Mr. Chairman, this bill sends a mes- that emphasize accommodation and that don't meant by `merits'? These and other terms ap- sage to Federal courts that they can no involve the considerable expenseÐincluding pear throughout the proposed legislation and longer willingly ignore takings cases. legal fees and other costsÐof going into Fed- no definitions of procedures are presented.'' In effect, the bill will give private eral court. ``I think,'' he said, ``the proposed legislation property owners their day in court and It's because it is such a radical measure needs to go back to the drawing boards.'' finally put the decision within their that it's opposed by the attorney generals of As to how the bill might work in practice, view. 37 States. As they've written to Chairman should it actually become law, Judge Kane Ms. LOFGREN. Mr. Chairman, noting HYDE, the bill invades the province of State said that even if Congress were ready to de- that the attorney general of Ohio is op- and local governments and * * * literally com- stroy time-honored concepts of federalism, posed to the bill, I yield 11⁄2 minutes to pels Federal judges to intrude into State and separation of powers, and finality of judg- the gentleman from Colorado [Mr. local matters. ments, by passing this bill, it would not SKAGGS]. The bill is also opposed by many other achieve its goal for what he called ``very prag- Mr. SKAGGS. Mr. Chairman, I thank groups, including the National League of Cities matic reasons.'' Here's what he told me: the gentlewoman for yielding me this and the U.S. Conference of Mayors. I have re- ``First, there aren't enough Federal judges time. I wonder if we might send the ceived letters in opposition from the mayor of and magistrates in the country to handle the Sergeant at Arms out around the the city of Boulder, CO, and every member of anticipated caseload for the zoning cases House buildings to search for conserv- the Denver City Council. Under general leave, alone that would come into Federal court, atives. We seem to have lost our con- I will include those letters at the end of my even if they did nothing else. In addition, the present wording of H.R. 1534 would encom- servative grounding in this Congress, statement; for the moment, I'll just share two pass State forfeiture cases, condemnation after all of the protests that we have of the points they make. In her letter, Mayor Durgin says: cases, and nuisance cases.'' *** heard over the last, almost 3 years, ``Second, these anticipated cases would about the importance of returning The city of Boulder works very hard to bal- ance the controls it must place on private have to take their turn in waiting to be heard: power to the States, about mistrust of property owners, creating win-win situa- Congress has already decided that criminal Federal judicial activism and on and on tions. . . . In only the most unusual cir- cases must receive priority. Given the so- and on. Here we have this piece of leg- cumstances is it necessary for the court sys- called war on drugs, there are some Federal islation that will run exactly counter tem to deal with property rights disputes in courts where scarcely any civil cases are tried. to the presumed doctrine of the major- Boulder. . . . By interjecting the federal Other civil cases including civil rights, employ- ity party, inviting judicial activism by court system into even the most superficial ment, and diversity jurisdictional claims must takings claims, House Bill 1534 reduces the the Federal courts, interposing Federal also wait their turn.'' intervention as the first resort rather incentive for private property owners to par- ticipate in negotiated land use solutions. In summary, about the effectiveness of the than the last. . . . Further, the enhanced threat of federal bill, this senior, experienced Federal judge b 1230 legal action raises the stakes for local gov- said, ``The result which has a safe degree of ernment as it seeks to protect the general predictability is more, not less, judicial I am absolutely bewildered by this. I public welfare. . . . This is a grave threat to gridlock.'' wonder whether the subtitle of this leg- the delicate balance of public and private in- I think we should pay careful attention to the islation ought to make some reference terests which the state and federal court sys- very serious objections to this bill raised by to the fact that Lewis Carol has been tem has struck in the land use arena. the attorneys general of so many States and installed as honorary chairperson of The letter from the Denver Council mem- territories. the Committee on the Judiciary. This bers also puts it well. As it says, ``our political I think we should listen closely to the many bill certainly represents Congress and legal system has been set up to resolve local elected officials who oppose this bill. through the looking glass, in which all such disputes at the lowest possible level And I think we should pay attention to notions of what had been true and up- through local processes, appropriate local ad- Judge Kane's analysis, and heed his advice. right have been turned on their heads. ministrative procedures, and appeal to State We should not pass this billÐinstead, we And we are now presented with this courts. These traditional methods of dispute should send it back to the drawing board. proposal from the majority that really resolution are near and dear to Coloradans as CITY OF BOULDER makes a mockery of what we thought this is a State with a particularly powerful tra- LESLIE L. DURGIN, MAYOR, they stood for, and what really most of dition of local control and home rule on land October 7, 1997. Hon. DAVID E. SKAGGS, us stand for, in terms of local control, use matters. The bills currently before the the determination of local matters of Longworth House Office Building, Washington, House and Senate to radically expand Federal DC. land use by the authorities that are jurisdiction over land use matters would be ut- Re: House Bill 1534: The Private Property most competent to deal with the issue. terly contrary to this tradition in Colorado and Rights Implementation Act. Mr. Chairman, after carefully reviewing H.R. would also contradict the recent trend in Con- DEAR REPRESENTATIVE SKAGGS: I am writ- 1534 as reported by the Judiciary Committee, gress to devolve power to State and local gov- ing to you on behalf of the Boulder City I've come to the conclusion that it is not a ernment.'' Council to request that you vote against good bill, and that we should not pass it. House Bill 1534, the Private Property Rights For another perspective, last week I asked Implementation Act, and any similar It's true that this bill takes a different ap- Judge John L. Kane, one of the senior judges takings initiatives. proach than did the so-called private property of the U.S. District Court in Colorado, to take The City of Boulder is extremely sensitive or takings legislation considered in the last a look at this bill and tell me how it would af- to the impacts that local government ac- Congress. This bill, at least in form, is a pro- fect him and his colleagues. tions can have on the rights of neighbors and cedural measure, not one to revise the basic His response made some very telling points the rights of property owners to use their substantive law in this area. But that's about about the language of the bill, parts of which land in a manner which suits their needs. The City of Boulder works very hard to bal- the best that can be said for it. Just because he described as ``the sort of statutory lan- ance the controls it must place on private it's procedural doesn't mean that it's not a far- guage that gives judges fits and subjects them property owners, creating win-win solutions. reaching bill. In fact, it's a radical measure. to accusations of `judicial activism' when they Often, striking the proper balance between It's radical in the way it would nationalize try to determine what, if anything such lan- the rights of individual property owners and decisions about matters that directly affect our guage means.'' the interest of the public at large entails constituentsÐdecisions about every neighbor- For example, he asked, ``what is `one mean- thoughtful negotiations between community hood and every community. ingful application'? Is it one that complies with representatives and private landowners. Boulder’s present vested rights and land It's radical in the way it would take those the rules and regulations of the agency to preservation agreement with IBM is an out- decisions out of the hands of legislators and which it is addressed? Is it one that is gram- standing example. In only the most unusual even State judges and entrust them to Federal matically sensible? or decipherable? Or filed circumstances is it necessary for the court judgesÐeven though some of our colleagues on time? Who determines whether the pros- system to deal with property rights disputes who are supporting it have been outspoken pects for success are `reasonably unlikely'? in Boulder. about their fervent desire to reduce, not en- What does reasonably unlikely mean? Courts Takings legislation, such as House Bill 1534, threatens to undermine the current re- large, the role of the Federal Government. do not intervene. What is meant by `interven- lationship between private land owners and And it's radical in the way it would promote tion by the U.S. Court of Federal Claims is local governments. By interjecting the fed- Federal litigation, rather than encouraging warranted to decide the merits''? Who decides eral court system into even the most super- local resolution of these local issues in ways what is warranted and by whom? What is ficial takings claims, House Bill 1534 reduces October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8949 the incentive for private property owners to Before granting plaintiffs and their attor- [Mr. TAUZIN] that if someone’s prop- participate in negotiated land use solutions. neys easier and earlier opportunities to haul erty rights are hindered by a Federal This includes the opportunity to address Colorado local governments (and by implica- action, that individual should have an takings claims through local administrative tion their taxpayers) into Federal courts, expedited process to get to Federal procedures. Further, the enhanced threat of please ask yourself one simple question: federal legal action raises the stakes for Where is the empirical evidence to show that court. But this bill goes way beyond local government as it seeks to protect the local political institutions and state courts that. This legislation deals with local general public welfare against the private have been insufficient to protect the rights zoning laws that have nothing to do actions of individual landowners. This is a of property owners in Colorado? with Federal action, and they have a grave threat to the delicate balance of public Thank you for your attention to our con- major impact on State land use that and private interests which the state and cerns. Please let us know if you would like has nothing to do with Federal action. federal court system has stuck in the land to discuss the matter with us. use arena. So what we are doing here is com- Finally, the City of Boulder notes that the Cathy Reynolds, Council President; Den- pletely taking out of the hands of your federal government has given a great deal of nis Gallagher, Council District 1; Joyce local planning commission, their right attention in recent years to the notion of Foster, Council District 4; Bill to decide zoning and land use and what federalism. This is the principle that the fed- Himmelmann, Council District 7; Ed- is best needed for their community. eral government should only interject its au- ward Thomas, Council District 10; Ted Mr. Chairman, we all want expedited thority in matters which are of a peculiar in- Hackworth, Council District 2; Polly terest to national concerns. Clearly, the in- Flobeck, Council District 5; Hiawatha Federal process when a Federal action dividual disputes between local governments Davis, Jr., Council District 8; Happy impedes private property, but this and private landowners rarely have national Haynes, Council District 11; Ramona takes the right of a local planning implications, and the federal courts are prop- Martinez, Council District 3; Susan board in a community to have their erly loathe to become local planning boards Casey, Council District 6; Debbie Or- say about how land is supposed to be of appeal. The Hamilton Bank precedent that tega, Council District 9; Susan Barnes- used. House Bill 1534 seeks to overturn stands for Gelt, Council At-Large. Land use, is it to be controlled by the that very proposition. Local administrative Mr. COBLE. Mr. Chairman, I yield 1 Federal Government, or is it to be con- procedures and state court actions are suffi- cient to rectify most improper limitations minute to the gentleman from Texas trolled by the State? If you think land on private property rights. It is at these lev- [Mr. SMITH], a member of the Commit- use is a State issue and a local zoning els that takings claims should first be adju- tee on the Judiciary. issue, then you must vote against this dicated, with the federal courts serving to (Mr. SMITH of Texas asked and was legislation. hear appeals of cases which are mishandled given permission to revise and extend The idea that if your property is in the local and state processes. To permit his remarks.) taken away for the public good, you landowners to skirt state and local remedies Mr. SMITH of Texas. Mr. Chairman, should be compensated, that is abso- in favor of the federal court system runs first of all, I thank the chairman of the completely contrary to federalist principles. lutely, 100 percent for sure. But if the For the above reasons, the City of Boulder subcommittee for yielding me time. local government wants to regulate asks you to vote against House Bill 1534 and Mr. Chairman, I rise in support of your property and regulate land to pre- to oppose any similar takings legislation. H.R. 1534, the Private Property Rights vent public harm on other property, Sincerely, Implementation Act of 1997. This legis- they should have a right to do that. LESLIE L. DURGIN, lation is necessary to protect a basic Mr. COBLE. Mr. Chairman, I move Mayor. civil right for all Americans: Protec- that the Committee do now rise. tion against governmental confiscation The motion was agreed to. CITY COUNCIL, of homes, farms, and businesses. CITY AND COUNTY OF DENVER, Accordingly the Committee rose; and October 14, 1977. Today, the fundamental liberties of the Speaker pro tempore (Ms. PRYCE of Re: S. 1204 ‘‘Property Owners Access to Jus- all of our citizens are threatened by a Ohio) having assumed the chair, Mr. tice Act of 1997’’; H.R. 1534 ‘‘Private regulatory regime imposed by Govern- SNOWBARGER, Chairman of the Commit- Property Rights Implementation Act of ment officials. The Government is able tee of the Whole House on the State of 1997’’. to confiscate the property of workers, the Union, reported that that Commit- DEAR MEMBERS OF THE COLORADO CONGRES- farmers, and families without provid- tee, having had under consideration SIONAL DELEGATION, As members of the Den- ver City Council, we are urging your opposi- ing compensation. the bill (H.R. 1534), to simplify and ex- tion to S. 1204 and H.R. 1534, bills which Adding insult to injury, is a land- pedite access to the Federal courts for stand for the extraordinary proposition that owner’s inability to have their day in injured parties whose rights and privi- federal courts should be much more involved court. Not only is the Government tak- leges, secured by the U.S. Constitution, in local land use decisions. ing the private landowner’s property, have been deprived by final actions of As you know, debates over land use, but is using a legal maze to prevent Federal agencies, or other government growth management, and property rights are landowners from presenting and receiv- raging all over Colorado at the moment. Mu- officials or entities acting under color nicipal officials are doing their best to bal- ing a fair hearing on the merits of their of State law; to prevent Federal courts ance the rights of developers and the desires case. Without H.R. 1534, property own- from abstaining from exercising Fed- of current residents to preserve existing ers will continue to find themselves eral jurisdiction in actions where no communities and our treasured quality of trapped in a legal nightmare from State law claim is alleged; to permit life, even as growth proceeds at a break neck which they are unable to escape. certification of unsettled State law pace in many jurisdictions. Often our offi- Mr. Chairman, I urge my colleagues questions that are essential to resolv- cials find themselves squeezed between two to support this bill. ing Federal claims arising under the equally sincere factions, both of whom argue Ms. LOFGREN. Mr. Chairman, noting for protection of their property values and Constitution; and to clarify when Gov- rights, and both whom may threaten to sue that the Attorney General of Texas op- ernment action is sufficiently final to if their rights are not vindicated. poses the bill, I yield 2 minutes to the ripen certain Federal claims arising As you are also undoubtedly aware, our po- gentleman from Maryland [Mr. under the Constitution, had come to no litical and legal system has been set up to GILCHREST]. resolution thereon. resolve such disputes at the lowest possible Mr. GILCHREST. Mr. Chairman, I f level through local processes, appropriate thank the gentlewoman for yielding me local administrative procedures, and appeal MAKING IN ORDER ADDITIONAL to state courts. These traditional methods of time. Mr. Chairman, I would like to express AMENDMENT AND PERMISSION dispute resolution are near and dear to Colo- TO POSTPONE VOTES DURING radans as this is a state with a particularly to my colleagues that may be observ- powerful tradition of local control and home ing this debate that this really is what FURTHER CONSIDERATION OF rule on land use matters. the gentleman from Colorado referred H.R. 1534, PRIVATE PROPERTY The bills currently before the House and to as a world turned upside down. This RIGHTS IMPLEMENTATION ACT the Senate to radically expand Federal juris- legislation is absolutely outrageous. OF 1997 diction over land use matters would be ut- terly contrary to this tradition in Colorado, The unintended consequences are lim- Mr. COBLE. Madam Speaker, I ask and would also contradict the recent trend in itless. unanimous consent that during further Congress to devolve power to state and local I would perfectly agree, especially consideration of H.R. 1534 in the Com- governments. with the gentleman from Louisiana mittee of the Whole, pursuant to House H8950 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Resolution 271, first, it be in order to position would not be in the best inter- b 1240 consider the amendment offered by the ests of our taxpayers and property IN THE COMMITTEE OF THE WHOLE gentleman from Ohio [Mr. TRAFICANT] owners of our country. Accordingly the House resolved itself in the form I have placed at the desk, Mr. BOEHLERT. Madam Speaker, into the Committee of the Whole House after the disposition of the amendment maintaining my reservation of objec- on the State of the Union for the fur- offered by the gentleman from Michi- tion, as I have made clear, I have no ther consideration of the bill (H.R. gan [Mr. CONYERS], as though printed objection to the gentleman’s amend- 1534) to simplify and expedite access to in part 2 of the House Report 105–335, ment, I am in support of that amend- the Federal courts for injured parties which shall be debatable for 10 min- ment. I do have some serious reserva- whose rights and privileges, secured by utes, equally divided and controlled by tions about when it would appear. the U.S. Constitution, have been de- the proponent and an opponent; and, Mr. COBLE. Madam Speaker, will the prived by final actions of Federal agen- second, the Chairman of the Commit- gentleman yield? cies, or other government officials or tee of the Whole may, (a) postpone Mr. BOEHLERT. I yield to the gen- entities acting under color of State until a time during further consider- tleman from North Carolina. law; to prevent Federal courts from ab- ation in the Committee of the Whole a Mr. COBLE. Madam Speaker, I want staining from exercising Federal juris- request for a recorded vote on any to ask a question of the gentleman diction in actions where no State law amendment; and, (b) reduce to 5 min- from Ohio [Mr. TRAFICANT] in an effort claim is alleged; to permit certification utes the minimum time for electronic to clear the cloud. of unsettled State law questions that voting on any postponed question that Would the gentleman from Ohio be are essential to resolving Federal follows another electronic vote without willing for his amendment to follow claims arising under the Constitution; intervening business, provided that the that of the gentleman from New York and to clarify when government action minimum time for electronic voting on [Mr. BOEHLERT] since it appears he will is sufficiently final to ripen certain the first in any series of questions shall object if it does not? Federal claims arising under the Con- be 15 minutes. Mr. TRAFICANT. Madam Speaker, if stitution, with Mr. SNOWBARGER in the The SPEAKER pro tempore. The the gentleman will yield further, I do chair. Clerk will report the amendment. not, as long as if my amendment passes The Clerk read the title of the bill. The Clerk read as follows: it would be in order to either of the ac- The CHAIRMAN. When the Commit- Amendment offered by Mr. TRAFICANT. tions taken here today that might tee of the Whole rose earlier today, the OFFERED BY MR. TRAFICANT OF OHIO pass, if it would be amendable to both. gentleman from North Carolina [Mr. Insert the following after section 4 and re- Mr. BOEHLERT. Madam Speaker, re- COBLE] had 3 minutes remaining in de- designate the succeeding section accord- claiming my time, maybe we can re- bate, and the gentlewoman from Cali- ingly: solve this. I have had some conversa- fornia [Ms. LOFGREN] had 2 minutes re- SEC. 5. DUTY OF NOTICE TO OWNERS. tions away from the microphone. maining. Ms. LOFGREN. Mr. Chairman, I yield Whenever a Federal agency takes an agen- Madam Speaker, I withdraw my res- 1 minute to the gentleman from Oregon cy action limiting the use of private prop- ervation of objection. erty that may be affected by the amend- [Mr. DEFAZIO]. The SPEAKER pro tempore. Is there ments made by this Act, the agency shall Mr. DEFAZIO. Mr. Chairman, what give notice to the owners of that property objection to the request of the gen- happened to the Federalists in the Con- explaining their rights under such amend- tleman from North Carolina? gress? We were going to empower the ments and the procedures for obtaining any Ms. LOFGREN. Madam Speaker, re- States. This is the most extraordinary compensation that may be due to them serving the right to object, and I will preemption of local and State laws in under such amendments. not object. I just want to clarify that my 11 years in the Congress. Mr. COBLE (during the reading). the minority supports the desire of the This is unbelievable. We heard horror Madam Speaker, I ask unanimous con- gentleman from Ohio [Mr. TRAFICANT] stories from people from States that do sent that the amendment be considered to debate this amendment. That does not have a regular land use process. as read and printed in the RECORD. not necessarily mean we support the Those States should adopt a land use The SPEAKER pro tempore. Is there amendment itself, but the gentleman process. Those local jurisdictions objection to the request of the gen- from Ohio’s right to offer it, subse- should adopt a land use process, and it tleman from North Carolina? quent to the Boehlert amendment. should be regular. It should have proc- Mr. BOEHLERT. Madam Speaker, re- Madam Speaker, I withdraw my res- ess of appeal and litigation through serving the right to object, I would like ervation of objection. their States. But not the Federal Gov- to ask a question of the Chair. I have The SPEAKER pro tempore. Without ernment. no objection to the Traficant amend- objection, the request is granted. Do we want the Federal Government ment, but I just want to make certain There was no objection. wading into every single local land use it is clarified when that will occur. dispute? Peep shows next to schools, f Will that amendment come after the liquor stores next to high schools? I Boehlert substitute? If it does, I have GENERAL LEAVE think not. no objection. If it does come before the I do not think the people on that side Boehlert substitute, then we have a Mr. COBLE. Madam Speaker, I ask of the aisle really believe that. They problem. unanimous consent that all Members are playing here to an audience of spe- The SPEAKER pro tempore. The may have 5 legislative days within cial interests, very well-funded special Chair understands the amendment which to revise and extend their re- interests. This is horrible legislation would be made in order before the marks and include extraneous material for small town America. It is horrible Boehlert substitute. on H.R. 1534. legislation for our States and States’ Mr. BOEHLERT. Madam Speaker, I The SPEAKER pro tempore. Is there rights. Reject this legislation. object, I reserve the right to object. objection to the request of the gen- Ms. LOFGREN. Mr. Chairman, I yield Mr. TRAFICANT. Madam Speaker, tleman from North Carolina? myself the balance of my time. will the gentleman yield? There was no objection. Mr. Chairman, I believe in the fifth Mr. BOEHLERT. I yield to the gen- amendment and the minority believes tleman from Ohio. f in the fifth amendment. I believe there Mr. TRAFICANT. Madam Speaker, if ought to be compensation when there the gentleman’s substitute is passed, PRIVATE PROPERTY RIGHTS is a taking, and there ought to be due then his substitute would pass, with or IMPLEMENTATION ACT OF 1997 process. There is no dispute about that. without. This was approved unani- The SPEAKER pro tempore. Pursu- But what we dispute is this remedy. We mously. It is the only measure that ant to House Resolution 271 and rule have heard a lot of discussion about gives notice to people who do not have XXIII, the Chair declares the House in widows who have been abused by the accountants and attorneys of some pro- the Committee of the Whole on the heavy-handed Government. But we tections, and has been worked out by State of the Union for the further con- need to get beyond that appealing leadership on both sides. I believe that sideration of the bill, H.R. 1534. image to what is really going on here. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8951 Zoning protects neighborhoods, zon- All we have to do is do a little math, the expense and policy change that this bill ing protects homeowners, and what and if the value of a farmer’s con- gives developers to easier access, and assure this bill does is allow developers rights fiscated land is about $30,000 but a more profitable treatment in the Federal that are much greater than those that Washington lawyer would charge the courts. would attach to neighborhoods and to farmer $100,000 to pursue the farmer’s The real motive I believe is apparent, to first homeowners. claim, there is no farmer who will be These rights will attach, whether it able to afford any compensation. That remove local decisionmaking power from com- is 20,000 housing units being built, or is why this private property rights bill, munities, States, and the respective courts. whether a town is trying to regulate this one particularly, H.R. 1534, is so And in the future create a wholly new class of the hours of operation of a topless bar important. It is our duty as Members takings which will hamstring the United States or pornographic bookstore. That is of this House, the peoples’ House, the both State and Federal with a new class of what is so terribly flawed with this leg- House of Representatives, to protect taxpayer payments whenever zoning and the islation. private property owners from arbitrary limits of common interest for the common Mr. Chairman, I urge my colleagues actions and guarantee their right to good guide the use of real property to stop to oppose this and to search for a more due process. pollution, to enhanceÐtheir community they rational response to this problem. Mr. Chairman, I urge my colleagues would be forced to buy theoretical develop- b 1245 to vote ‘‘yes’’ for property rights, to ment rightsÐthis turns the local decisionmak- vote ‘‘yes’’ for due process, and to vote ing on its head. Mr. COBLE. Mr. Chairman, I yield ‘‘yes’’ on H.R. 1534. the balance of my time to the gen- I have drafted an amendment which is very Mr. VENTO. Mr. Chairman, I rise in strong tleman from Kansas [Mr. RYUN]. important and seeks to balance this newly pro- opposition to H.R. 1534, the Private Property The CHAIRMAN. The gentleman posed policy path. I must admit, Mr. Chair- Rights Implementation Act. from Kansas [Mr. RYUN] is recognized man, I have some interests to worry about, Mr. Chairman, last night I brought a ger- for 3 minutes. too. They are the property homeowners of St. mane amendment to the Rules Committee Mr. RYUN. Mr. Chairman, I rise in Paul, of Minnesota, and the NationÐthe fami- and asked that it be made in order. My support of H.R. 1534. Mr. Chairman, one lies that work hard every day and believe in amendment seeks to balance this bill with of the pillars of our democracy is the the importance of neighborhoods and commu- adequate protection for the 65 million Ameri- right of every individual to own private nities and their only property is their family cans that own their own homes. It would have property. In 1792, James Madison said homes. My amendment would have sought to limited the application of H.R. 1534 to States this, and I quote: ‘‘That is not a just at least protect them and their homes. It would that provide adequate protection for home- government nor is property secure have prevented this bill from going into effect under it where the property which a owners in this country. All I asked for was 30 minutes to make my case to the Members of in States that have not passed laws that pro- man has in his personal safety and per- tect homeowners' property rights. These laws sonal liberty is violated by an arbi- this House. My request was denied. This measure, H.R. 1534, is an end of the will have to provide families with adequate no- trary seizure of one class of citizens for tice when adverse development is moving in the service of the rest.’’ session effort to avert full debate on a very im- portant issue, property rights, the rights of to affect their property. The intent was to pro- Because our Founding Fathers under- vide homeowners with guaranteed access to stood this very important principle, special interests not the property rights of the courts when their property is devalued by they included a guarantee in the Bill of homeowners, yet on the floor today the rule harmful developments nearby. I'm not sure Rights to protect private property was again expanded to accommodate another anybody would oppose such an amendment. It owners from politicians and bureau- unheard, unrequested amendment. will significantly improve H.R. 1534 and in- crats who believe that they know best I don't know for the life of me why the lead- how to use someone else’s lands. ership in this House of Representatives is not sures protection of the rights of American fam- The fifth amendment to the Con- willing to spend 30 minutes on the concerns of ilies and homeowners. We all have home- stitution assures the Government can- homeowners. H.R. 1534 is not a purely proce- owners in our districts, and they deserve this not take a person’s private property dural, noncontroversial bill, as supporters of right a priori. without first providing the owner due this bill would have you believe, they are All I asked for, Mr. Speaker, was 30 min- process and just compensation. Unfor- wrong. This bill sides with developers who utes. Claims have been made we simply don't tunately, the fears which motivated have made their views clear and, of course, have time to consider all the amendments that our Founding Fathers to include this generously contribute to the campaigns of are in order. What I want to know is why we property guarantee are being realized those who support them. This is a new judicial are wasting floor time on legislation that is op- today. superhighway that places the decisions in posed not just by all the environmental For example, in the first 10 years Federal courts, out of the hands of local gov- groups. But, Mr. Chairman, this bill is opposed after the enactment of the 1983 Rails to ernment and State courts. by the National League of Cities, the Con- Ironically, the underlying bill we are consid- Trails Act, trails groups and State gov- ference of Mayors, 40 State attorneys general, ering today does not protect the property of ernments used that law to take the and is headed for a certain veto by the Presi- homeownersÐthe most important investment property from 62,000 landowners. Yet, dent. With a list that long you have to wonder made by the American familyÐfrom adverse not one of those aggrieved farmers and who supports this bill and why. The point is, actions by State and local government and homeowners has received a single however, that we are engaged in a futile exer- others. This bill protects developers that may penny in compensation for their loss. cise. If we have the time to consider this bill While courts have ruled that com- have been unjustifiably or justifiably stymied on the floor, we certainly have time to con- pensation must be paid to the property by local and State courts that are carrying out sider the property rights of homeowners in this owners, endless bureaucratic redtape their own laws and rules. Under H.R. 1534, country, but the advocates of this legislation would first require a small Kansas Congress rearranges this authority and moves obviously feared this germane amendments; farmer to retain a high-priced Wash- it away from local and State governments. It's that placed homeowners property rights on a ington lawyer to begin jumping over ironic that a Congress emblematic of devolu- par with developer's for who this measure will administrative hurdles. This lawyer tion initiatives over the past several years are would then need almost 10 years of ex- suddenly moving to superimpose such a na- benefit. pensive court time before securing a tional policy. The Federal courts, with this new This procedure for debate silences the farmer’s compensation for his strip of guideline, will be no doubt more friendly to the voices of the 65 million Americans who own land that was taken to create a rec- interests of developers than State and local their own homes and are concerned about reational trail for others to use. courts. The handwriting is on the wall as to reckless activities that could cause their H8952 CONGRESSIONAL RECORD — HOUSE October 22, 1997 most precious investment to lose its value. For lation in cities like New York, because it may When landowners cannot afford to go to these reasons, I urge my colleagues to re- allow landlords to challenge rent regulation court to protect their legal and civil rights, the soundingly defeat this measure and maintain and public housing laws and rulings in expe- Government can use pressure to take the land the protections accorded homeowners by dited fashion in Federal court. Tenants may from the landowner. State and local governments, they are far bet- lack the financial resources, the legal know- We need to give landowners a more level ter served at the local level where they have how or standing to appear in Federal court to playing field. We need to ensure that going to a place at the table than being shut out by this defend their rights. Some have argued that court is not so expensive that only the biggest redefined property rights effort in the Federal this bill could undermine tenants' rights and and richest landowners can afford to protect courts where they are for all practical purpose threaten to eliminate low- and moderate-in- their rights. excluded. come housing in some of our biggest cities. Nr. NADLER. Mr. Chairman, I rise to strong- A case in point is the Headwaters Forest in I urge my colleagues to oppose this bill that California. For years the Government tried to ly oppose this bill which would override local would jeopardize pubic health, destroy the en- zoning procedures, undermine local govern- use various forestry laws and the ESA to force vironment, and put citizens' lives in danger. the landowner off a portion of its land. ments, burden Federal courts, and weaken ef- Mr. YOUNG of Alaska. Mr. Chairman, I rise forts to protect public health, welfare, and the in support of H.R. 1534, the Private Property The landowner filed a takings suit in the environment. It is bad policy and ought to be Rights Implementation Act of 1997. court of claims and now the Government has soundly rejected. This bill would streamline the court proce- come to the bargaining table and offering to The current judicial procedures, which may dures when a case is brought by a private pay for the property. This would not have hap- appear cumbersome, have in fact served to pened if this landowner had not been a large, protect communities across the Nation from property owner to protect their legal and civil rights as guaranteed in the fifth amendment of wealthy corporation with the resources to fight misguided property use which may have been a long and an expensive court battle. detrimental to the society at large. This bill will the U.S. Constitution. This is a bill that is sore- ly needed. Now some environmentalists are arguing allow those who seek to risk public health, that this bill would increase the number of safety, and welfare for private gain to go over As chairman of the Committee on Re- sources, we have documented in our hearings Federal lawsuits. Some environmentalists are the heads of local officials and appeal directly now in the business of filing lawsuits. In the to Federal judges, some of whom may have the many cases where governments assert last 10 years, environmentalists have received less understanding and expertise in the issues the right to set aside private lands for the pro- over $10 million in payments from the Federal and concerns of the local community. tection of wildlife. We learned while considering this bill in When a landowner wants to sell land and Treasury for filing endangered Species Act committee that this bill is specifically designed the Government pays for the land, that is legal lawsuits. I believe many of these lawsuits are to undermine legitimate efforts to protect pubic and an acceptable manner for the Govern- frivolous and an abuse of the courts, and their health and safety. During consideration of this ment to protect wildlife. numbers are increasing dramatically. For envi- bill in committee, I offered an amendment to However, as is happening more frequently, ronmentalists to argue against allowing aver- ensure that in cases where public health and the Government sometimes finds it inconven- age citizens to sue at the same time they are safety are involved, the plaintiff cannot cir- ient to find the funds to buy the land, so they making a living off their lawsuits is hypocrisy cumvent State and local courts to get the Fed- designate it as habitat for an endangered spe- of the highest order. I have a list of environ- eral courts. And the bill's sponsor rejected it. cies. mentalists who have received payments for It appears then that supporters of this bill When that happens, landowners find that lawsuits and would ask that it be entered into would deliberately seek to undermine the they cannot use their land. In the last 2 years, the RECORD with my testimony. health and safety of our Nation's communities. under extreme pressure from this Republican Let's ensure that the smallest and poorest That is simply wrong, and more than that, it is Congress, the Government is beginning a landowner can have the same rights as the shameful. process to allow landowners to use land des- biggest corporation or the environmental I also want to mention that it appears that ignated as habitat, but only at a very high cost groups. Let's pass H.R. 1534 and protect our this bill could be used to undermine rent regu- to landowners. constitutional rights. ATTORNEY FEES AWARD BY ORGANIZATION

Name Court No. District Amount

Alaska Wilderness Recreation and Tourism Assoc. v. Gary A. Morrison, et al. (Tongass Nat’l Forest) ...... 94–033 Alaska ...... $853.20 Bay Institute of San Francisco v. Lujan—Delta Smelt ...... 92–2132 California East ...... 60,000.00 Bay Institute of San Francisco, et al. v. Babbitt—Delta Smelt ...... 94–0265 California East ...... 5,000.00 Biodiversity Legal Foundation v. Babbitt (Categroy 2 Species) ...... 96–641 District of Columbia ...... 10,000.00 Biodiversity Legal Foundation v. Babbitt ...... 95–601 Colorado ...... 1,000.00 Biodiversity Legal Foundation v. Babbitt ...... 95–382 Colorado ...... 8,000.00 Biodiversity Legal Foundation v. Babbitt ...... 95–1815 Colorado ...... 3,500.00 Biodiversity Legal Foundation v. Babbitt (Pending see above)—N. Am. Wolverine ...... 95–816 Colorado ...... 500.00 Biodiversity Legal Foundation, et al. v. Babbitt—Flatwoods Salamander ...... 94–0920 District of Columbia ...... 5,000.00 Biodiversity Legal Foundation, et al. v. Babbitt—Flatwoods Salamander ...... 94–0920 District of Columbia ...... 3,815.00 Biodiversity Legal Foundation, et al. v. Babbitt—Western Boreal Toad ...... 94–1086 Colorado ...... 1,408.19 Biodiversity Legal Foundation v. Babbitt—Selkirk Mountain Woodland Caribou ...... 94–02441 District of Columbia ...... 4,000.00 Biodiversity Legal Foundation v. Babbitt ...... 95–2509 Colorado ...... 3,435.61 California Trout, et al. v. Babbitt (Santa Ana Speckled Dace) (Pending see above) ...... 95–3961 California North ...... 40,000.00 California Native Plant Society v. Manuel Lujan, Jr. (Pending see above)—Plant listings ...... 91–0038 California East ...... 16,678.25 Canadian Lynx, Greater Ecosystem Alliance v. Lujan—Listing of Can. Lynx ...... 92–1269 Washington West ...... 2,000.00 Canadian Lynx, Greater Ecosystem Alliance v. Lujan—Listing of Can. Lynx ...... 92–1269 Washington West ...... 9,500.00 Citizens Cmte to Save Our Canyons, et al v. USFS, Bernie Weingardt, Dale Boswort (John Paul Area) ...... 95–68 Utah ...... 145.50 Clemmys Karmorata v. USFWS—Western Pond Turtle, Red Legged ...... 93–6135 Oregon ...... 2,522.30 CLR Timber Holdings, Inc. et al v. Bruce Babbitt, et al (Marbled Murrelet) ...... 94–6403 Oregon ...... 40,000.00 Colorado Wildlife Federation v. Turner—Razorback Sucker ...... 92–884 Colorado ...... 5,000.00 Colorado Wildlife Federation v. Turner—Razorback Sucker ...... 92–884 Colorado ...... 31,351.90 Colorado Environmental Coalition v. J. Turner—Razorback Sucker ...... 91–1765 Colorado ...... 5,168.40 Conservation Council for Hawaii, et al v. Manuel Lujan and John F. Turner ...... 89–00953 Hawaii ...... 44,635.25 Defenders of Wildlife v. Thomas—Strychnine ...... Strychnine Minnesota ...... 122,500.00 Desert Tortoise, et al. v. Lujan—Ward Valley—Tortoise ...... 93–0114 California North ...... 69,000.00 Dioxin/Organi-chlorine Center and Columbia River United v. Dana Rasmussen ...... 91–1442 Washington West ...... 61,500.00 Earth Island Institute, et al v. Manuel Lujan—5 Year Review ...... 91–6015 Oregon ...... 32,338.70 Edward Wilkinson Mudd Jr. v. William Reilly Admin., EPA—CWA/ESA consultation ...... 91–1392 Alabama North ...... 39,000.00 Energy and Resource Advocates, et al vs. Kenneth R. Quitoriano, et al and James D. Watkins (Energy Dept.)—(Purex Waste) ...... 90–2479 California North ...... 10,000.00 Environmental Defense Center v. Babbitt—Red Leggedfrog/salamander ...... 94–0743 California Central ...... 4,074.75 Environmental Defense Center v. Babbitt—Fairy Shrimp ...... 94–0788 California Central ...... 3,815.00 Environmental Defense Center v. Bruce Babbitt—Western Pond Turtle ...... 93–1847 California Central ...... 4,700.00 Environmental Defense Center v. Babbitt—Red Legged Frog ...... 95–2867 California Central ...... 44,511.53 Environmental Defense Center v. Lujan—Tidewater Goby ...... 92–6082 California Central ...... 7,500.00 Environmental Defense Center v. Babbitt—California Tiger Salamander ...... 93–3379 California Central ...... 4,300.00 Environmental Defense Center v. Bruce Babbitt—Southwestern Willow Flycatcher ...... 93–1848 California Central ...... 4,700.00 Environmental Defense Fund v. Lujan—Desert Tortoise ...... 89–2034 District of Columbia ...... 2,237.50 Florida Key Deer, et al v. Robert H. Morris—Fema/Flood Insurance ...... 90–10037 Florida South ...... 130,000.00 Friends of the Wild Swan, Inc., Alliance for the Wild Rockies, Inc., et al. v. Babbitt—Bull Trout Listing ...... 94–0246 District of Columbia ...... 4,500.00 Friends of Walker Creek Wetlands v. Dept. of the Interior—Nelson’s Checker Mallow ...... 92–1626 Oregon ...... 12,000.00 Fund for Animals v. Manuel Lujan, et al. (Pending see above) ESA Listings ...... 92–800 District of Columbia ...... 67,500.00 Fund for Animals v. Manuel Lujan (Pending see above) (ESA Listings) ...... 92–800 District of Columbia ...... 24,500.00 Fund for Animals, Swan View Coalition, D.C. ‘‘Jasper’’ Carlton (Director, of Biodiversity Legal Foundation) v. Turner—Grizzly Bears ...... 91–2201 District of Columbia ...... 36,000.00 Greater Gila Biodiversity Project v. USFWS—Pygmy Owls ...... 94–0288 Arizona ...... 2,048.91 October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8953 ATTORNEY FEES AWARD BY ORGANIZATION—Continued

Name Court No. District Amount

Greater Gila Biodiversity Project v. USFWA—Loach Minnow ...... 93–1913 Arizona ...... 11,000.00 Greater Yellowstone Coalition, et al. v. F. Dale Robertson (USFWS)—Grizzly bears ...... 93–1495 District of Columbia ...... 32,750.00 Greenpeace v. Baldridge ...... 86–0129 Hawaii ...... 88,794.01 Hawaiian Crow v. Manuel Lujan—Hawaiian crow ...... 91–00191 Hawaii ...... 195,000.00 Hughes River Watershed Conservancy, et al v. Dan Glickman, et al ...... 1–94–113 West Virginia North ...... 63,367.71 Idaho Department of Fish and Game v. NMFS—hydro transfer/salmon ...... 93–1603 Oregon ...... 8,405.06 Idaho Conservation League v. Manuel Lujan, et al.—Bruneau Hot Springs Snail ...... 92–0260 Idaho ...... 21,166.00 Idaho Conservation League v. Babbitt—White Sturgeon ...... 94–0351 Idaho ...... 5,000.00 Idaho Conservation League, et al. v. Lujan—Idaho Springsnail ...... 92–0406 Idaho ...... 8,000.00 Jeffrey Mausolf, William Kullberg, Arlys Strehlo; Minnesota United Snowmobilers Association v. Babbitt (Wolf/Eagle) (Pending see above) ...... 95–1201 Minnesota ...... 28,821.50 La Compania Ocho Inc., et al v. USFS, et al (Carson Nat’l Forest) ...... 94–317 New Mexico ...... 303,635.67 Marbled Murrelet et al v. Manuel Lujan (Pending see above)—Listing and critical habitat for marbled murrelet ...... 91–522 Washington West ...... 61,109.47 Mountain Lion Foundation v. Babbitt—Santa Ana Mountain Lion ...... 94–1165 California East ...... 6,500.00 National Audubon Society et al. v. Babbitt et al.—Guam species ...... 93–1152 District of Columbia ...... 22,500.00 National Audubon Society v. Lujan—Least Bell’s vireo ...... 92–209 California South ...... 7,348.75 National Audubon Society v. Babbitt, et al.—Snowy Plover ...... 94–0105 California South ...... 7,540.61 National Wildlife Foundation, et al. v. Endangered Species Committee, et al ...... 79–1851 District of Columbia ...... 20,000.00 National Wildlife Federation, et al v. Robert Mosbacher (Commerce) ...... 89–2089 District of Columbia ...... 42,500.00 Native Plant Society of Oregon v. U.S. DOI—Oregon Plants ...... 93–180 Oregon ...... 13,046.19 Natural Resources Defense Council, et al. v. Bruce Babbitt—Desert Tortoise ...... 93–0301 California North ...... 262,096.76 Natural Resources Defense Council v. Donald Hodel (Kesterson) ...... 85–1214 California East ...... 57,000.00 Natural Resources Defense Council v. Donald Hodel (Kesterson) ...... 85–1214 California East ...... 518,000.00 Northern Spotted Owl, et al v. Donald Hodel, et al.—Spotted Owl Listing ...... 88–573 Washington West ...... 56,718.00 Northwest Forest Resource Council v. Dan Glickman (Emergency Salvage Timber Sale)(Pending see above) ...... 95–6244 Oregon ...... 298,144.36 Northwest Coalition for Alternatives to Pesticides v. Babbitt ...... 94–6339 Oregon ...... 10,500.00 Oregon Council of the Federation of Fly Fishers v. Brown (Cutthroat Trout)(Pending see above) ...... 95–1969 Oregon ...... 24,706.49 Oregon Trout Inc., et al v. USFS (Trout Creek Salvage Sale) ...... 96–1460 Oregon ...... 21,400.00 Oregon Natural Resources Council v. Babbitt—Western lily ...... 94–666 Oregon ...... 4,000.00 Oregon Natural Resources Council v. Department of Commerce ...... 93–293 Oregon ...... 16,200.00 Oregon Natural Resources Council v. Schmitten (Steelhead Trout)(Pending see above) ...... 95–3117 California North ...... 120,952.54 Pacific Rivers Council v. Thomas (Pending see above)—Salmon/Umatilla Forest ...... 92–1322 Oregon ...... 165,000.00 Resources Limited Inc., et al v. F. Dale Robertson, et al (Pending see above)—Flathead Forest/Grizzlies ...... 89–41 Montana ...... 47,000.00 90,000.00 Restore: The North Woods v. Babbitt (Pending see above)—Atlantic salmon ...... 95–37 New Hampshire ...... 5,400.00 Save Our Springs Legal Defense Fund, Inc. v. Babbitt (Barton Springs Salamander) (Pending see above) ...... 95–230 Texas West ...... 72,500.00 Save our Ecosystems, et al. v. Federal Hwy Admin. (West Eugene Parkway) ...... 96–6161 Oregon ...... 2,560.80 Sierra Club and League for Coastal Protection v. John Marsh, et al ...... 86–1942 California South ...... 44,774.16 Sierra Club Legal Defense Fund v. Manuel Lujan ...... 89–1140 District of Columbia ...... 9,000.00 Sierra Club v. Lujan (Pending see above)—Edwards Aquifer** same case but Justice split the fee in four portions ...... 91–069 Texas West ...... 666,666.67 Sierra Club v. Lujan (Pending see above)—Edwards Aquifer ...... 91–069 Texas West ...... 666,666.67 Sierra Club v. Lujan (Pending see above)—Edwards Aquifer ...... 91–069 Texas West ...... 666,666.66 Sierra Club v. Lujan (Pending see above)—Edwards Aquifer ...... 91–069 Texas West ...... 1,550,000.00 Sierra Club, et al. v. Bruce Babbitt, et al.—10 species of plants and animals ...... 93–1717 California South ...... 11,368.76 Sierra Club, et al v. James A. Baker, et al—Turtles?? ...... 89–3005 District of Columbia ...... 18,583.72 Sierra Club, et al v. Richard Lyng (Pending see above)—Southern Pine Beetle and Red Cockaded Woodpecker ...... 85–69 Texas East ...... 149,647.50 Sierra Club, et al. v. David Garber, et al ...... 93–069 Montana ...... 55,000.00 Silver Rice Rat, et al v. Manuel Lujan—Silver Rice Rat Listing ...... 89–3409 District of Columbia ...... 19,500.00 Southern Utah Wilderness Alliance v. Bruce Babbitt—Virgin River Club ...... 93–2376 Colorado ...... 8,500.00 Southern Utah Wilderness Alliance v. Morgenweck—Virgin Spinedace ...... 94–717 Colorado ...... 4,200.00 Southwest Center for Biological Diversity v. Babbitt (SW Willow Flycatcher)(Pending see above) ...... 94–1969 Arizona ...... 15,509.11 Southwest Center for Biological Diversity, et al. v. USFWS—Loach Minnow/spinedace ...... 94–0739 Arizona ...... 1,000.00 Southwest Center for Biological Diversity v. Babbitt (Pending see above) ...... 94–2036 Arizona ...... 40,000.00 Southwest Center for Biological Diversity v. Babbitt ...... 94–1946 Arizona ...... 1,971.01 Southwest Center for Biological Diversity, et al. v. USFWA—Jaguar listing ...... 94–0696 Arizona ...... 1,665.00 Southwest Center for Biological Diversity v. Babbitt—Arizona Willow ...... 94–1034 Arizona ...... 5,145.00 Southwest Center for Biological Diversity v. Babbitt (Laguna Mtn Skipper) ...... 96–1170 California South ...... 17,000.00 Dr. Robin Silver et al. v. Babbitt (Pending see above) ...... 94–0337 Arizona ...... 4,000.00 Dr. Robin Silver v. Thomas (USFWS) (Mexican Spotted Owl) (Pending see above) ...... 94–1610 Arizona ...... 231,393.75 Dr. Robin Silver, et al. v. Babbitt (Pending see above)—Mexican spotted owl ...... 94–0337 Arizona ...... 102,418.86 Steven Krichbaum (w/Virginias for Wilderness) & Michael Jones v. USFS, William Damon (GW Nat’l Forest) ...... 96–0108 Virginia West ...... 345.00 Swan View Coalition Inc v. USFS (Flathead Forest/Grizzlies)(Pending see above) ...... 93–7 Montana ...... 23,700.00

Mr. DOOLEY of California. Mr. Chairman, I comes to land use. Nothing could be further land use decisions should be made at the rise today to express my support for H.R. from the truth. local level to the greatest degree possible. In 1534, the Private Property Implementation Act. The truth is that H.R. 1534 applies only to fact, this Congress has fought hard to move I believe this bill takes a new, more modest Federal claims based on the 5th and 14th more Federal programs out of the hands of approach to the issue of property rights and amendments that are filed in Federal court. Washington bureaucrats and into the control has received widespread bipartisan support. The bill creates no new cause of action of the folks back home. The folks in Wisconsin The legislation helps property owners by clear- against local governments. H.R. 1534 is only and other States are better suited to make de- ing some of the legal and procedural hurdles a procedural bill, clarifying the rules so a deci- cisions that affect local areas than bureaucrats that make it both excessively time consuming sion can be reached faster on the facts of the in Washington. Nevertheless, there are limita- case instead of wasting taxpayer money on ju- and expensive to assert their claims. This bill tions that exist on local governments to ensure risdictional questions. proposes to do nothing except clarify the juris- they do not trample on the rights of individ- Local governments will have no new limits uals. Those limitations are embodied in the diction of Federal courts to hear and deter- on their ability to zone or regulate land use. Constitution and the Bill of Rights. mine issues of Federal constitutional law. Local agencies will get at least two, maybe H.R. 1534 allows a property owner, who H.R. 1534 is vastly different from previous three, chances to resolve a land use decision feels his or her constitutional rights have been property rights bills. It does not attempt to de- locally before their decision will be defined as violated, a chance to seek protection in Fed- fine for a court when a taking has occurred ``final''Ðonce on the original application, once eral courtÐthe same chance that anyone else nor does it change or weaken any environ- on appeal, and yet again on review by an would have. H.R. 1534 simply puts fifth mental law. The bill would have no budgetary elected body. amendment protections on par with other con- impact because, unlike previous bills, it con- H.R. 1534 doesn't provide a ticket to Fed- stitutional rights. tains no compensation requirement or trigger. eral courtÐindividuals already have a right to Those who argue that H.R. 1534 would Simply put, the legislation amends Federal go to Federal court. The bill simply provides ``federalize local land use decisions,'' have procedural laws governing the jurisdiction of an objective definition of when ``Enough is long supported Federal land use controls to the U.S. district courts. H.R. 1534 would pro- Enough,'' so that both parties in a land use protect the environment. Where is the consist- vide more straightforward access to Federal dispute can participate in meaningful negotia- ency? Support H.R. 1534 and support the courts for property owners seeking redress of tions. I believe H.R. 1534 represents a mod- right of all Americans to be treated equally erate approach that Members can and should their fifth amendment rights. under the ConstitutionÐeven property owners. support. Let's not miss an opportunity to do Mr. GOSS. Mr. Chairman, this is a tough There has been a lot of controversy gen- something that will provide a direct benefit to subject, involving the need to balance protec- erated surrounding this bill. More of the criti- our constituents. tion of constitutionally guaranteed private cism of this legislation is based upon the as- Mr. NEUMANN. Mr. Chairman, I rise today property rights with other constitutional guar- sumption that the bill cuts local governments in support of H.R. 1534Ðthe Private Property antees of public health, safety, and welfare as out of the decisionmaking process when it Rights Implementation Act. I strongly believe traditional, legitimate functions of Government. H8954 CONGRESSIONAL RECORD — HOUSE October 22, 1997 While I agree this is a subject that needs our I wish that this body had taken the time nec- ‘‘(2) is patently unclear and obviously sus- attention, and I commend Mr. GALLEGLY for his essary in developing a needed reform meas- ceptible to a limiting construction as to work in bringing the matter forward, I do have ure, without overburdening our cities and render premature a decision on the merits of the constitutional or legal issue in the case. some concerns about the bill we are about to counties. It is my hope that we can continue ‘‘(e)(1) Army claim or action brought under consider. to work on this issue in the future to develop section 1979 of the Revised Statutes of the As a former mayor and county commis- a consensus bill that can be supported by a United States (42 U.S.C. 1983) to redress the sioner, I'm particularly interested in H.R. 1534. coalition of involved parties. deprivation of a property right or privilege While the current system we have of layering Mr. PORTER. Mr. Chairman, while I realize secured by the Constitution shall be ripe for government an division of authority isn't per- that it is too late to formally remove my name adjudication by the district courts upon a fect, I believe it works well and ensures a bal- as a cosponsor of H.R. 1534, I want to indi- final decision rendered by any person acting anced role for all three levels of government cate that I do not support this bill in its current under color of any statute, ordinance, regu- involved in these decisions. We ought to trust form. My initial understanding of this legisla- lation, custom, or usage, of any State of ter- ritory of the United States, that causes ac- the local officials to work through the zoning tion was that its central thrust was to facilitate tual and concrete injury to the party seeking issues. They're the ones on the frontlinesÐ the ability of aggrieved parties to have Federal redress. they deal with these questions every day and question claims adjudicated by Federal ‘‘(2)(A) For purposes of this subsection, a are in the best position to be directly respon- judges. However, it is now clear that the bill final decision exists if— sive to the needs and concerns of the commu- would significantly alter the abstention doctrine ‘‘(i) any person acting under color of any nity. Of course, there are poster child exam- and more importantly, would allege to alter the statute, ordinance, regulation, custom, or ples of the extreme development abuses and Supreme Court definition of ripeness. I am usage, of any State or territory of the United cases of egregious takings without compensa- concerned that a legislative effort to alter such States, makes a definitive decision regarding the extent of permissible uses on the prop- tion. a constitutional doctrine may be unconstitu- erty that has been allegedly infringed or If there are questions of State law that need tional. I support the effort of my colleague, Mr. taken to be resolved, we need State courts to decide GALLEGLY, to make reasonable changes to un- ‘‘(ii)(I) one meaningful application, as de- those issues. If a legitimate takings claim ex- fair impediments to the consideration of fined by the locality concerned within that ists, it is critical we ensure landowners their takings claims but, acknowledging the two State or territory, to use the property has day in court. concerns outlined above, I cannot support this been submitted but has not been approved, We need to maintain for local officials a legislation. and the party seeking redress has applied for meaningful opportunity to work with the land- Mr. COBLE. Mr. Chairman, I yield one appeal or waiver which has not been ap- owners and other constituents to craft a com- back the balance of my time. proved, where the applicable statute, ordi- The CHAIRMAN. Pursuant to the nance, custom, or usage provides a mecha- promise. In my view, it is not appropriate to nism for appeal to or waiver by an adminis- have the Federal Government deciding or rule, the committee amendment in the trative agency; or pressuring local land use questions. In addi- nature of a substitute printed in the ‘‘(II) one meaningful application, as de- tion, some critics of this bill have argued that bill, as modified by the amendments fined by the locality concerned within that the Federal judiciary would be flooded with printed in part 1 of House Report 105– State or territory, to use the property has claims and simply could not handle the case- 335, shall be considered as an original been submitted but has not been approved, load that would result if this bill were enacted. bill for the purpose of amendment and the disapproval explains in writing the For example, the Federal district court for the under the 5-minute rule and shall be use, density, or intensity of development of the property that would be approved, with area of Florida that I represent is already short considered as read. The text of the committee amend- any conditions therefor, and the party seek- handed and has a backlog of cases that is ing redress has resubmitted another mean- measured in years, not just months. I think we ment in the nature of a substitute, as ingful application taking into account the need to ensure that any changes to the cur- modified by the amendments printed in terms of the disapproval, except that— rent system take these concerns into account. part 1 of House Report 105–335, is as fol- ‘‘(aa) if no such reapplication is submitted, In the end, Mr. Speaker, balancing the right lows: then a final decision shall not have been of a landowner to develop his property within H.R. 1534 reached for purposes of this subsection, ex- the bounds set by the health, safety, and wel- Be it enacted by the Senate and House of cept as provided in subparagraph (B); and fare interests of the community is a difficult Representatives of the United States of ‘‘(bb) if the reapplication is not approved, America in Congress assembled, or if the reapplication is not required under questionÐI, for one, do not believe there's subparagraph (B), then a final decision exists SECTION 1. SHORT TITLE. any particular magic a Federal court has that for purposes of this subsection if the party can solve these problems and make them go This Act may be cited as the ‘‘Private Property Rights Implementation Act of seeking redress has applied for one appeal or away. 1997’’. waiver with respect to the disapproval, Mrs. TAUSCHER. Mr. Chairman, I am a co- which has not been approved, where the ap- SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES. plicable statute, ordinance, custom, or usage sponsor of H.R. 1534, the Private Property Section 1343 of title 28, United States Code, provides a mechanism of appeal or waiver by Rights Implementation Act of 1997 because I is amended by adding at the end the follow- an administrative agency; and believe that relief needs to be provided to ing: ‘‘(c) Whenever a district court exercises ju- ‘‘(iii) in a case involving the use of real property owners who are seeking finality to property, where the applicable statute or or- their land use plans, and I have become con- risdiction under subsection (a) in an action in which the operative facts concern the uses dinance provides for review of the case by vinced that reform is necessary. elected officials, the party seeking redress Since cosponsoring the measure, I have of real property, it shall not abstain from ex- ercising or relinquish its jurisdiction to a has applied for but is denied such review. heard from opponents, especially many of the State court in an action where no claim of a ‘‘(B) The party seeking redress shall not be local elected officials from the 10th Congres- violation of a State law, right, or privilege is required to apply for an appeal or waiver de- sional District, whom I'm proud to represent. I alleged, and where a parallel proceeding in scribed in paragraph (1)(B) if no such appeal have continued to meet with both advocates State court arising out of the same operative or waiver, is available, if it cannot provide and opponents to discuss in depth many of facts as the district court proceeding is not the relief requested, or if the application or pending. reapplication would be futile. the concerns raised and fully explore the var- (3) For purposes of this subsection, a final ious interpretations of the bill as amended. ‘‘(d) Where the district court has jurisdic- tion over an action under subsection (a) in decision shall not require the party seeking YDE Earlier this week, I wrote to Chairman H of which the operative facts concern the uses of redress to exhaust judicial remedies provided the House Judiciary Committee with several of real property and which cannot be decided by any State or territory of the United my questions and urged him to postpone floor without resolution of an unsettled question States. consideration of the bill until these issues are of State law, the district court may certify ‘‘(f) Nothing in subsections (c), (d), or (e) sufficiently resolved. Unfortunately, this meas- the question of State law to the highest ap- alters the substantive law of taking of prop- ure is before the full House for consideration pellate court of that State. After the State erty, including the burden of proof borne by the plaintiff.’’. today and I, despite my support for reform, appellate court resolves the question cer- cannot vote for a measure with such important tified to it, the district court shall proceed SEC. 3. UNITED STATES AS DEFENDANT. with resolving the merits. The district court Section 1346 of title 28, United States Code, and potentially far-reaching implications with- shall not certify a question of State law is amended by adding at the end the follow- out the time needed to fully explore the rami- under this subsection unless the question of ing: fications of this amended bill. State law— ‘‘(h)(1) Any claim brought under subsection As I stated, I want to see a more stream- ‘‘(1) will significantly affect the merits of (a) that is founded upon a property right or lined and fair process for property owners, and the injured party’s Federal claim; and privilege secured by the Constitution, but October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8955 was allegedly infringed or taken by the Unit- House today; and, No. 2, the amend- My measure was added as an amend- ed States, shall be ripe for adjudication upon ment printed in part 2 of the report, ment the last time this legislation was a final decision rendered by the United which may be offered only by the Mem- offered on the floor, and unanimously States, that causes actual and concrete in- ber designated in the report, shall be accepted. Here is what it says: When a jury to the party seeking redress. ‘‘(2) For purposes of this subsection, a final considered as read, shall be debatable Federal agency takes an action that decision exists if— for 30 minutes, equally divided and con- limits the use of or causes property ‘‘(A) the United States makes a definitive trolled by the proponent and an oppo- damage, the agency shall give notice to decision regarding the extent of permissible nent, and shall not be subject to that prisoner explaining the rights uses on the property that has been allegedly amendment. they have and where they go for com- infringed or taken; and Pursuant to the order of the House of pensation, if they qualify. ‘‘(B) one meaningful application to use the today, the Chairman of the Committee Let me say this: The average private property has been submitted but has not of the Whole may postpone until a time been approved, and the party seeking redress property owner does not have account- has applied for one appeal or waiver which during further consideration in the ants and attorneys that monitor legis- has not been approved, where the applicable Committee of the Whole a request for a lation. This is the right thing to do. law of the United States provides a mecha- recorded vote on the Traficant amend- Mr. COBLE. Mr. Chairman, will the nism for appeal to or waiver by an adminis- ment made in order today by the order gentleman yield? trative agency. of the House, and may reduce to not Mr. TRAFICANT. I yield to the gen- The party seeking redress shall not be re- less than 5 minutes the time for voting tleman from North Carolina. quired to apply for an appeal or waiver de- by electronic device on any postponed Mr. COBLE. Mr. Chairman, I thank scribed in subparagraph (B) if no such appeal question that immediately follows that the gentleman for yielding. or waiver is available, if it cannot provide recorded vote by electronic device Mr. Chairman, I say to the chairman the relief requested, or if application or re- without intervening business, provided and to the gentleman from Ohio [Mr. application to use the property would be fu- that the time for voting by electronic tile. TRAFICANT] and to the body, Mr. Chair- ‘‘(3) Nothing in this subsection alters the device on the first in that series of man, that I have reviewed the amend- substantive law of takings of property, in- questions shall not be less than 15 min- ment offered by the gentleman from cluding the burden of proof borne by the utes. Ohio [Mr. TRAFICANT] and I am sup- plaintiff.’’ The Conyers amendment not being portive thereof. SEC. 4. JURISDICTION OF COURT OF FEDERAL offered, for what purpose does the gen- Mr. GALLEGLY. Mr. Chairman, will CLAIMS. tleman from Ohio rise? the gentleman yield? Section 1491(a) of title 28, United States AMENDMENT OFFERED BY MR. TRAFICANT Mr. TRAFICANT. I yield to the dis- Code, is amended by adding at the end the Mr. TRAFICANT. Mr. Chairman, I following: tinguished sponsor of the legislation ‘‘(3) Any claim brought under this sub- offer an amendment. that I support, the gentleman from section founded upon a property right or The Clerk read as follows: California. privilege secured by the Constitution, but al- Amendment offered by Mr. TRAFICANT: Mr. GALLEGLY. Mr. Chairman, I legedly infringed or taken by the United Insert the following after section 4 and re- thank the gentleman for yielding. States, shall be ripe for adjudication upon a designate the succeeding section accord- ingly: Mr. Chairman, I join with my col- final decision rendered by the United States, league, the chairman of the sub- that causes actual and concrete injury to the SEC. 5. DUTY OF NOTICE TO OWNERS. party seeking redress. For purposes of this Whenever a Federal agency takes an agen- committee, after having reviewed the paragraph, a final decision exists if— cy action limiting the use of private prop- amendment, and stand in strong sup- ‘‘(A) the United States makes a definitive erty that may be affected by the amend- port of the amendment offered by the decision regarding the extent of permissible ments made by this Act, the agency shall gentleman from Ohio [Mr. TRAFICANT]. uses on the property that has been allegedly give notice to the owners of that property I think it adds to the bill. infringed or taken; and explaining their rights under such amend- Mr. TRAFICANT. Mr. Chairman, I ‘‘(B) one meaningful application to use the ments and the procedures for obtaining any appreciate that, and I reserve the bal- compensation that may be due to them property has been submitted but has not ance of my time. been approved, and the party seeking redress under such amendments. The CHAIRMAN. Is the gentlewoman has applied for one appeal or waiver which Mr. TRAFICANT (during the read- from California [Ms. LOFGREN] opposed has not been approved, where the applicable ing). Mr. Chairman, I ask unanimous to the amendment? law of the United States provides a mecha- consent that the amendment be consid- nism for appeal to or waiver. Ms. LOFGREN. Yes, I am, Mr. Chair- ered as read and printed in the RECORD. The party seeking redress shall not be re- The CHAIRMAN. Is there objection man. quired to apply for an appeal or waiver de- The CHAIRMAN. The gentlewoman to the request of the gentleman from scribed in subparagraph (B) if no such appeal from California [Ms. LOFGREN] is recog- Ohio? or waiver is available, if it cannot provide nized for 5 minutes. the relief requested, or if application or re- There was no objection. The CHAIRMAN. Pursuant to the Ms. LOFGREN. I yield myself such application to use the property would be fu- time as I may consume, Mr. Chairman. tile. Nothing in this paragraph alters the order of the House today, the gen- substantive law of takings of property, in- tleman from Ohio [Mr. TRAFICANT] and Mr. Chairman, I recognize the moti- cluding the burden of proof borne by the a Member opposed each will control 5 vation of the author of the amendment, plaintiff.’’. minutes. and I think the motivation is entirely SEC. 5. EFFECTIVE DATE. The Chair recognizes the gentleman honorable and one that I concur with. I The amendments made by this Act shall from Ohio [Mr. TRAFICANT]. do, however, have grave reservations apply to actions commenced on or after the Mr. TRAFICANT. Mr. Chairman, I about the actual language of the date of the enactment of this Act. yield myself such time as I may amendment and the implications and The CHAIRMAN. No amendment to consume. unintended consequences that might the committee amendment in the na- Mr. Chairman, I support, in principle, occur. This is a very broad duty that is ture of a substitute is in order except a the fact that when a Federal agency being imposed by the amendment on further amendment in the nature of a takes an action that limits the use of the Federal Government. Let me just substitute offered by the gentleman private property or causes the damage give an example of why I think it is from Michigan [Mr. CONYERS], or his in property values that compensation problematic. designee. That amendment shall be is in order, and proper procedures af- In the Clean Water Act we, the Na- considered as read, shall be debatable fecting those goals shall be imple- tional Government, make some very for 30 minutes, equally divided and con- mented. stringent findings about what may and trolled by the proponent and an oppo- In essence, I support H.R. 1534. I want may not be discharged into a stream. nent, and shall not be subject to to commend the sponsor, the gen- For example, discharging arsenic into a amendment. tleman from California, Mr. GALLEGLY, river is something that we have tried If that further amendment is rejected and the gentleman from North Caro- to control and avoid. Under this or not offered, no other amendment is lina, Chairman COBLE, for this meas- amendment, control of the discharge of in order except, No, 1, the Traficant ure. I have supported it in the past. I arsenic into a stream would or could amendment made in order by the support it today. qualify as a taking, because if you are H8956 CONGRESSIONAL RECORD — HOUSE October 22, 1997 in a business that uses arsenic in man- sures that an average private property request is to make those small minor ufacturing, and you are constrained owner has some basic notification, adjustments to effect that legislative from using arsenic and discharging it, more than anything else. That is the intent. you have, in fact, been impaired in the trouble around here. We pass laws at But, Mr. Chairman, let me say this: full utilization of your property. It times that the legal eagles understand, When an average citizen’s property is could be a taking under the act. There identify, distill, and digest, and then being limited or, in fact, the value is would be a duty to provide notice to come back and lobby to amend them, being diminished therein, they should the business under the amendment. but the average American may not get notice that such action is being I think that would be a very difficult even know there is a protection that taken and where they go for proper thing for the Federal Government to exists, or they are even eligible for procedures. And if this amendment do. I would also like to make an addi- compensation for an action that was does not do that, then I do say to the tional point, which is that there is no taken wrongly; maybe not intended to drafters of the bill for those additional burden under the amendment to notify be wrongful action, but it certainly substantive language to be placed in other private property owners who are was, such as arsenic in the river. there to, in fact, express that concern. disadvantaged by the failure to proceed Mr. Chairman, I reserve the balance With that, I would hope that the gen- with the Government regulation. of my time. tlewoman would take that in good In the example I have previously out- Ms. LOFGREN. Mr. Chairman, I yield faith and help to construct that lan- lined, for those downstream from the myself the balance of my time. guage. polluter, if there is arsenic in the Mr. Chairman, I would note that the The CHAIRMAN pro tempore (Mr. water, their right to use the water for amendment says, whenever a Federal FOLEY). The question is on the amend- home consumption is going to be im- agency takes an agency action limiting ment offered by the gentleman from paired. There is no duty under the the use of private property. Ohio [Mr. TRAFICANT]. amendment to notify the downstream In the example I used earlier, if the The amendment was agreed to. users that the pollution is going to Environmental Protection Agency lim- continue to be coming at them. I think AMENDMENT IN THE NATURE OF A SUBSTITUTE its a business from discharging arsenic OFFERED BY MR. BOEHLERT that is a problem. into the creek, they have impacted and I do not plan to ask for a recorded Mr. BOEHLERT. Mr. Chairman, I limited the use of that private prop- vote on this amendment, but I would offer an amendment in the nature of a erty, if the arsenic is important to the think that narrowly drafting this substitute. manufacturing process. amendment to cover land regulation The CHAIRMAN pro tempore. The Therefore, the polluter, the arsenic activities that are directly aimed at Clerk will designate the amendment in deliverer to the stream, would, under use of property might go a long way to- the nature of a substitute. this amendment, be required to be no- ward perfecting this amendment and The text of the amendment in the na- tified of the limitation on the use of reaching what the author hopes to do. ture of a substitute is as follows: But in its current form, I think it is his or her property. And arguably also Amendment in the nature of a substitute a massive new obligation for the Fed- be entitled to compensation for the offered by Mr. BOEHLERT: eral Government. It will be impossible, limitation of the use of their property. Strike all after the enacting clause and in- sert the following: actually, to accomplish. Therefore, it We will not, however, under the will lead to litigation and further costs amendment be required to notify down- SECTION 1. SHORT TITLE. and expenses that none of us can af- stream users that the upstream user This Act may be cited as the ‘‘Private and deliverer of arsenic to the stream Property Rights Implementation Act of ford, and all of us would like to avoid. 1997’’. These are all unintended consequences is not going to be constrained from so polluting because of the implication of SEC. 2. UNITED STATES AS DEFENDANT. but nevertheless, severe ones. There- Section 1346 of title 28, United States Code, fore, I would urge opposition to this this amendment, that essentially will stay action because of access to court. is amended by adding at the end the follow- well-intentioned amendment. ing: Mr. Chairman, I reserve the balance I understand that the gentleman ‘‘(h)(1) Any claim brought under subsection of my time. from Ohio [Mr. TRAFICANT] wants the (a) that is founded upon a property right or Mr. TRAFICANT. Mr. Chairman, I average American to have notice. I do, privilege secured by the Constitution, but yield myself such time as I may too. But as a lawyer and prior professor was allegedly infringed or taken by the Unit- consume. of law, we also need to look at the ed States, shall be ripe for adjudication upon I could understand the grave reserva- plain language that we adopt. This will a final decision rendered by the United tions that the gentlewoman from Cali- lead to unintended consequences cer- States, that causes actual and concrete in- fornia has, but she cited as an example tainly that the gentleman from Ohio jury to the party seeking redress. ‘‘(2) For purposes of this subsection, a final the discharge of arsenic into a stream. [Mr. TRAFICANT] very clearly from his decision exists if— If the Federal Government or one of its prior comments does not intend, nor do ‘‘(A) the United States makes a definitive agents or agencies has discharged such I. That is the problem with the amend- decision regarding the extent of permissible a pollutant into our stream, the Trafi- ment. uses on the property that has been allegedly cant amendment says that any private Mr. Chairman, I reserve the balance infringed or taken; and property owner affected by it would of my time. ‘‘(B) one meaningful application, as defined not only be eligible under the bill, but Mr. TRAFICANT. Mr. Chairman, I by the relevant department or agency, to use they would be notified by the Traficant yield myself such time as I may the property has been submitted but denied, and the party seeking redress has applied for amendment that it has occurred. consume. Mr. Chairman, the Traficant amend- but is denied one appeal or waiver, where the Mr. Chairman, if there is any lan- applicable law of the United States provides ment is very clear. It says if a Federal guage that needs to simplify this, that a mechanism for appeal to or waiver by an agency, a Federal agency takes an ac- expresses the legislative intent in de- administrative agency. tion. If a Federal agency is responsible bate here today, I will not oppose it in The party seeking redress shall not be re- for discharging arsenic, the Traficant conference. But the legislative intent quired to apply for an appeal or waiver de- amendment says they shall notify all and history is clear. Anybody down- scribed in subparagraph (B) if no such appeal of the people. That is why it is so draft- stream that would be subject to arsenic or waiver is available or if such an appeal or ed, so everyone downstream in fact from the gentlewoman’s debate here waiver would be futile.’’. would have to be notified; would they today would be eligible for notification SEC. 3. JURISDICTION OF COURT OF FEDERAL not? There would have to be a notice, and for compensation. CLAIMS. and if there was damage that was cre- Section 1491(a) of title 28, United States b ated from that, they would be eligible 1300 Code, is amended by adding at the end the That is the purpose. If there is lan- following: for compensation, and what are their ‘‘(3) Any claim brought under this sub- procedures where they can go for such guage in here that is so nebulous that section founded upon a property right or compensation. the gentlewoman from California [Ms. privilege secured by the Constitution, but al- That is why it was unanimously ac- LOFGREN] feels that it may in fact ne- legedly infringed or taken by the United cepted. This is the language that en- gate that intention, then certainly, my States, shall be ripe for adjudication upon a October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8957 final decision rendered by the United States, encountered by property owners alleg- modates all of our objections to the that causes actual and concrete injury to the ing the local or Federal Government bill. This simply is not so. The fun- party seeking redress. For purposes of this has taken their property. damental flaw in this bill is not ad- paragraph, a final decision exists if— Currently, property owners claiming dressed in the manager’s amendment. ‘‘(A) the United States makes a definitive decision regarding the extent of permissible a fifth amendment taking by local gov- It does now say that if a zoning board uses on the property that has been allegedly ernments do not have a realistic option offers alternatives, a developer must infringed or taken; and to file in Federal court. Under current appeal one more time. That is good. ‘‘(B) one meaningful application, as defined case law, a takings plaintiff must meet But the bill still removes all incentives by the relevant department or agency, to use both the ripeness standard, meaning to negotiate because a developer can go the property has been submitted but denied, have a final decision regarding the per- to Federal court rather than follow the and the party seeking redress has applied for missible uses on the property and ex- zoning board’s instructions. Moreover, but is denied one appeal or waiver, where the haust all State remedies and overcome the bill still explicitly takes State applicable law of the United States provides courts out of the process. a mechanism for appeal or waiver. the well-documented abuse of the ab- stention doctrine which Federal judges Mr. Chairman, I yield 2 minutes to The party seeking redress shall not be re- the distinguished gentlewoman from quired to apply for an appeal or waiver de- use to avoid takings cases. Federal scribed in subparagraph (B) if no such appeal judges routinely abstain from takings New Jersey [Mrs. ROUKEMA]. or waiver is available or if such an appeal or cases even when the claim alleges only Mrs. ROUKEMA. Mr. Chairman, I waiver would be futile.’’. a Federal fifth amendment claim based rise in strong support of the Boehlert SEC. 4. EFFECTIVE DATE. on action by a local government. amendment and, contrarily, I do not The amendments made by this Act shall H.R. 1534 addresses this problem by believe that this guts the bill; it en- apply to actions commenced on or after the prohibiting Federal judges from ab- hances it. 120th day after the date of the enactment of staining when the claim involves only Mr. Chairman, there is clear evidence this Act. a Federal fifth amendment claim, even that we do need something to ensure The CHAIRMAN pro tempore. Pursu- when the taking was done by local gov- that the property owners are afforded ant to House Resolution 271, the gen- ernments. their day in court. Several Law Review tleman from New York [Mr. BOEHLERT] Mr. Chairman, the Boehlert amend- articles agree that the current takings and the gentleman from North Caro- ment strikes the provisions of the bill ripeness barriers are unreasonable and lina [Mr. COBLE] will each control 15 which are applicable to local govern- that the obstacles confronting property minutes. ments, leaving in the provisions which owners are often insurmountable. However, I fear, in fact I am con- The Chair recognizes the gentleman apply to the United States as a defend- vinced, that this bill, H.R. 1534, swings from New York [Mr. BOEHLERT]. ant. Mr. Chairman, this would exempt the pendulum too far in the other di- Mr. BOEHLERT. Mr. Chairman, I the vast majority of private property rection. I commend to my colleagues a yield myself such time as I may owners from the relief and assistance consume. quote from a recent letter sent by the that H.R. 1534 provides. National Governors’ Association, the Mr. Chairman, I rise in support of my If the United States is a defendant, a National League of Cities, and the Con- substitute. Here is what the substitute takings claimant will have very little ference of Mayors. And I quote, ‘‘This would do. It would allow those who sue trouble getting into Federal court. the Federal Government over property represents,’’ meaning the bill, ‘‘a sig- However, claimants alleging a Federal nificant infringement on State and rights to get to Federal court more fifth amendment taking by local gov- rapidly. It does that in language that is local sovereignty.’’ Mr. Chairman, I do ernment will continue to operate with- not know why Republicans want to do virtually identical to sections 3 and 4 out any certainty as to when their case that. But State and local sovereignty, of the manager’s amendment. is ripe for Federal adjudication and ‘‘and interferes with our ability to bal- Mr. Chairman, here is what the sub- continue to be routinely dismissed by ance the rights of certain property stitute would not do. It would not Federal judges avoiding takings cases. owners against the greater community interfere in any way with local govern- Mr. Chairman, during the past couple good or against the rights of other ment. It does that by eliminating sec- of weeks, our staff and the staff of the property owners in the same commu- tion 2 of the manager’s amendment. gentleman from California [Mr. nity. It also represents a significant That is the section that allows Federal GALLEGLY], the sponsor of the bill, new cost shift to State and local gov- judges to intrude on local decision- have worked tirelessly with the staff of ernments as we are forced to resolve making. the gentleman from New York [Mr. disputes in the Federal judiciary in- As Federal officials, we ought to BOEHLERT] to come to an agreement on stead of through established State and limit ourselves to effecting Federal de- several issues, and I think the gen- local procedures.’’ cisions. That is what my substitute tleman from New York will admit to Mr. Chairman, it is for this reason, does. that. all these reasons, of course, that I urge Mr. Chairman, I urge support for the On October 15, 1997, the staff of the support of the Boehlert amendment. Boehlert amendment. It is the mod- gentleman from New York handed a Mr. Chairman, I would say to my col- erate approach to property rights. It list of amendments that needed to be leagues, by the way, I have always grants relief without trampling on Fed- made in order to gain the gentleman’s lived under the rule that all politics is eralism. It helps property owners with- support for the bill. The manager’s local and there is nothing more local out preventing local communities from amendment incorporated each one of than private property and zoning ques- deciding their own future. I urge its these items, either precisely as re- tions. Let us make sure that we are not adoption. quested or in spirit. It is not an exag- shifting the balance from our local Mr. Chairman, I reserve the balance geration to say that we bent over back- communities to the Federal Govern- of my time. ward to accommodate the gentleman’s ment. I urge my colleagues to support Mr. COBLE. Mr. Chairman, I yield concerns about H.R. 1534. The Boehlert the Boehlert amendment. myself such time as I may consume. amendment does not reflect the con- Mr. COBLE. Mr. Chairman, I yield 2 Mr. Chairman, I rise in opposition to cerns raised in those meetings, but a minutes to the gentleman from Califor- the Boehlert amendment in the nature complete gutting of the bill. nia [Mr. CALVERT]. of a substitute to H.R. 1534. Very frank- Mr. Chairman, I urge my colleagues Mr. CALVERT. Mr. Chairman, I rise ly, Mr. Chairman, the amendment will to vote ‘‘no’’ on the Boehlert amend- today in support of H.R. 1534, the Pri- effectively gut the bill. ment in the nature of a substitute for vate Property Rights Implementation The fifth amendment to the Con- H.R. 1534. Act. As a Member representing Califor- stitution prohibits the government Mr. Chairman, I reserve the balance nia, as well as a member of the Western from taking private property without of my time. Caucus, I am acutely aware of the need just compensation. This prohibition is Mr. BOEHLERT. Mr. Chairman, I for legislation to protect priority prop- applicable to local governments yield myself 30 seconds. erty owners, especially those who have through the 14th amendment. H.R. 1534 Mr. Chairman, it has been alleged fallen victim to the current adminis- addresses the procedural difficulties that the manager’s amendment accom- tration’s ongoing war with the West. H8958 CONGRESSIONAL RECORD — HOUSE October 22, 1997 H.R. 1534 is fair legislation. It simply eral courts cases to decide local zoning is more important than the Bill of allows property owners injured by Gov- and local land use. Rights. ernment action equitable access to the Now, Mr. Chairman, the small com- b 1315 Federal courts. Currently, 80 percent of munity might be able to afford State Federal property claims are thrown out courts, but there is no way they are House Resolution 1534 goes far to- of the court before their merits can be going to be able to afford Federal ward ensuring that as local govern- debated. With a statistic like that no courts. We all believe in the fifth ments rightfully play larger roles, the one can argue that the current process amendment. We strongly believe that rights of the citizenry do not fall prey is fair. if property rights are taken away for to overzealous regulation. This bill No matter what reason the Govern- the public good, constitutionally land- does not infringe on the rights of ment has for restricting private prop- owners should be compensated and States or localities to regulate land erty use, and there are many legiti- they will be compensated. use. It merely ensures that the citizen mate reasons, there is no excuse for de- However, if the local zoning board, will receive final decisions on those le- nying landowners their day in court. the planning commission, decides in gitimate principles of governance in an Mr. Chairman, I urge my colleagues their management of their community expeditious manner. to oppose all weakening amendments that someone’s property is going to Even now, before the goal of devolu- to H.R. 1534, especially the Boehlert cause public harm, that is a different tion is fully achieved, takings claims amendment. This amendment would story. brought under the fifth amendment are eliminate the bill provisions allowing Mr. Chairman, I urge an ‘‘aye’’ vote lengthy and time consuming. They are landowners to take their appeals to on the Boehlert substitute. treated, as Justice Brennen of the U.S. Federal court. Instead, the amendment Mr. COBLE. Mr. Chairman, I yield Supreme Court said, like stepchildren states it would help landowners get to myself such time as I may consume. to the Bill of Rights. The bipartisan court ‘‘more quickly.’’ But what does Mr. Chairman, I want to say to the authors of House Resolution 1534 have that mean, more quickly? gentleman from New York [Mr. BOEH- recognized that this current situation, It currently takes an average of 91⁄2 LERT], my good friend, I did not mean already a problem, needs to be ad- years for the process to be resolved. to mislead, when he said that the man- dressed before the laudable goal of ‘‘More quickly’’ could mean 8 or maybe ager’s amendment did not address all devolution exacerbates the situation. 7 years, but it does not make that of his problems, what I said was that it As Robert F. Kennedy once said, back timeframe any more acceptable. This addressed them either precisely or ex- in 1964, justice delayed is democracy is not an issue about taking power actly or in spirit. And I think that is denied. away from the States and localities, as probably an accurate statement, al- Some elements of State and local the Boehlert amendment would lead though the gentleman’s amendment government oppose this bill because my colleagues to believe. H.R. 1534 is did go a little farther than during the House Resolution 1534 will, as the U.S. about the rights of property owners to discussion. Conference on Mayors writes, lead to have their claims considered fairly and Mr. BOEHLERT. Mr. Chairman, will increased liability for municipalities. in a timely manner. the gentleman yield? What more blatant admission is there Mr. Chairman, I urge my colleagues Mr. COBLE. I yield to the gentleman than that this bill is needed? If the mu- to oppose the Boehlert amendment and from New York. nicipalities are engaging in activities support H.R. 1534. Mr. BOEHLERT. Mr. Chairman, the for which the courts would find them Mr. BOEHLERT. Mr. Chairman, I spirit is one thing, but reality is some- liable, they should cease or pay in a yield myself such time as I may thing altogether different. There still timely manner without forcing the consume. is a fundamental flaw, as the gen- citizens into costly administrative pro- Mr. Chairman, I would like to point tleman from North Carolina would ac- cedures. The Constitution requires no out to the gentleman from California knowledge. less. House Resolution 1534 ensures [Mr. CALVERT] that his State attorney Mr. COBLE. Mr. Chairman, reclaim- that that will happen. general, Attorney General Lungren, a ing my time, we will talk about that Mr. BOEHLERT. Mr. Chairman, I good Republican, is opposed to this another day. yield 2 minutes to the gentleman from bill. Mr. Chairman, I yield 21⁄2 minutes to Massachusetts [Mr. DELAHUNT]. Mr. Chairman, I yield 2 minutes to the gentleman from Michigan [Mr. Mr. DELAHUNT. Mr. Chairman, I the gentleman from Maryland [Mr. BARCIA]. rise in support of the Boehlert amend- GILCHREST]. Mr. BARCIA. Mr. Chairman, I rise in ment. I am particularly pleased to hear Mr. GILCHREST. Mr. Chairman, I opposition to the Boehlert amendment so many Members on the other side would like to address my colleagues and in strong support of the passage of speak to the issues of States rights, with this concept: how many Members H.R. 1534. devolution. It was the authors of the on this House floor are in favor of judi- Mr. Chairman, I want to thank the Contract With America that said they cial activism where the unelected will gentleman from North Carolina [Mr. wanted to return power to the people determine land use and local zoning or- COBLE] and the gentleman from Cali- through State and local governments. dinances in their community? Who is fornia [Mr. GALLEGLY] and the other Yet the bill, H.R. 1534, that is before in favor of that? If Members are in cosponsors for their leadership on this this Congress would take local land favor of judicial activism and if they very vital issue that is so important to disputes that have always been decided are in favor of the unelected judicial so many of our constituents across the by State and local authorities and turn judges determining local zoning in country. them over to the Federal courts. What- their area, then they will vote against Mr. Chairman, many of us here today ever happened to devolution and State the Boehlert amendment. were elected so that we could make the rights? If, however, Members are in favor of Federal Government smaller and give It also was the authors of the Con- expedited process to the Federal courts more power to State and local govern- tract With America that said they whenever a Federal action impedes or ments, and I am proud that we are wanted to limit judicial activism. Yet regulates private property, then they making progress in that regard. But all the bill sweeps away the abstention will vote for the Boehlert substitute. of us were elected and are sworn to pro- doctrine which in effect restrains judi- The Boehlert amendment in the na- tect and defend the Constitution. We cial judges. It also eviscerates the ripe- ture of a substitute expedites the proc- should never waiver from that protec- ness doctrine which prevents pre- ess to Federal courts whenever a Fed- tion. mature Federal involvement in such eral action regulates Federal property. Mr. Chairman, as we continue to cases. It invites the Federal courts to What the bill does without the Boeh- move toward a larger role for State and strike down the actions of zoning lert amendment is make Federal ac- local government, the protection and boards and city councils across the tion control local land use and local defense of the Constitution must re- land. zoning. That is the unintended con- main in the forefront of our minds, and Mr. Chairman, let us give federalism, sequences. The bill would send to Fed- perhaps no element of the Constitution devolution, and States rights another October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8959 chance and let us support the Boehlert these local property appeals. They are be answered in State courts, rather, it amendment. totally ill equipped to do this. It just is provides an expedited way to resolve Mr. COBLE. Mr. Chairman, may I in- not going to work. State issues. quire of the Chair the time remaining Do we want to expand the Federal ju- Furthermore, this bill does not on both sides. diciary to do this? We should note that amend environmental law or regula- The CHAIRMAN pro tempore (Mr. the National Governors Association, as tion which was a point of contention in FOLEY). The gentleman from North has been stated, 39 State attorneys previous debate. Simply put, this legis- Carolina [Mr. COBLE] has 7 minutes re- general, the Judicial Conference of the lation would provide for quicker and maining, and the gentleman from New United States have all come out more straightforward access to Federal York [Mr. BOEHLERT] has 71⁄2 minutes against this bill. They have serious courts. The Boehlert amendment remaining. problems with it and they rightfully micromanages the Federal courts. Mr. COBLE. Mr. Chairman, I yield 1 should. I would like to commend the gen- minute to the gentleman from Ohio This amendment is a pretty simple tleman from California [Mr. GALLEGLY] [Mr. TRAFICANT]. amendment. I support the amendment. and other supporters of H.R. 1534 for (Mr. TRAFICANT asked and was Sections 3 and 4 basically are being their efforts to find a new way of rec- given permission to revise and extend changed here. It eliminates the direct onciling the difficult issues addressed his remarks.) appeal to the Federal courts on local here. This legislation is balanced and Mr. TRAFICANT. Mr. Chairman, this property decisions, which really, in my fair. I urge my colleagues to support bill does not give property owners any judgment, absolutely should be done. the base bill and oppose strenuously the Boehlert amendment which guts new authority to sue the cities in Fed- But if one exhausts everything, they eral court. They have it. I believe that the base bill. could still do it. If one is dealing with Mr. BOEHLERT. Mr. Chairman, I re- the Boehlert substitute would gut this a Federal agency, they could still do it. serve the balance of my time. bill and would treat property owners So it still leaves the essence of the bill. Mr. COBLE. Mr. Chairman, I yield 1 differently. That is my concern. Yes, I understand the concern. I have minute to the gentleman from Califor- Let me say this, the great Vince a lot of respect for the sponsor of the nia [Mr. GALLEGLY], a member of the Lombardi was loved by everybody, but legislation because I believe there are Committee on the Judiciary and pri- when they asked Mr. Willie Davis why some private property concerns that mary sponsor of the bill. they loved him, here is what he said, need to be addressed out there. But (Mr. GALLEGLY asked and was because he treats us all alike, like dogs this unfortunately is not the right an- given permission to revise and extend at times, but all alike. swer. The bill goes too far. Now that we his remarks.) I think that the gentleman’s sub- have had a chance to really study that, Mr. GALLEGLY. Mr. Chairman, I stitute would put and inflect some dif- I think we need to understand it. stand in strong opposition to this ferences in the way property owners The best thing we can do today is to amendment. I would just like to re- would be treated. pass the Boehlert amendment, a good spond to the gentleman from Massa- Local officials still govern this. The amendment which adjusts the bill and chusetts [Mr. DELAHUNT] and his com- process would be expedited under this makes it correct, and then go on and ments. I am also very pleased to see bill. I think the bill is, in essence, pass the rest of the legislation at that the number of Democrats we have in good. point. I would urge everybody to look strong opposition to the Boehlert I would like to see the gentleman at this carefully. These are significant amendment. work in conference for some of the issues and the burden that we are shift- As a former mayor, I could not agree ideas in his substitute which are good. ing over to the Federal courts is some- more with those who have argued for Mr. BOEHLERT. Mr. Chairman, I thing we should not do. I encourage local control and decisionmaking. would like to point out to my distin- support of the Boehlert amendment. What we are trying to do is to provide guished colleague from Ohio that this Mr. COBLE. Mr. Chairman, I yield 2 some certainty to a process that can simply says that Federal courts deal minutes to the gentleman from Texas otherwise be very open-ended. What with Federal issues. Local courts, [Mr. STENHOLM]. the bill now says is that the property State courts deal with local and State (Mr. STENHOLM asked and was owner must take a meaningful applica- issues. Washington is not the source of given permission to revise and extend tion, then if the locality chooses to all wisdom. his remarks.) deny that application, they should ex- Mr. Chairman, I yield 2 minutes to Mr. STENHOLM. Mr. Chairman, I plain why in writing. If they do not ap- the gentleman from Delaware [Mr. rise in strong support of H.R. 1534 and prove that application, they should ex- CASTLE], former Governor. in stronger opposition to the Boehlert plain what type of development they Mr. CASTLE. Mr. Chairman, I thank amendment. The bill, the base bill is an would accept. the gentleman for yielding me the equitable solution aimed at balancing Mr. Chairman, I ask my colleagues to time. the rights of private property owners strongly oppose this amendment. It This is a very interesting bill. It is with increased environmental, eco- guts the bill. I hope the Members will very conflicted in terms of the usual nomic, and land use concerns. The fifth join me in helping to preserve the re- beliefs that we have here. We basically amendment states that private prop- forms that are intended in this legisla- tion. have private property rights versus erty shall not be taken for public use I rise in opposition to the amendment by the local decisionmaking. The Republican without just compensation. The legis- gentleman from New York. Although the gen- Party which sides with local decision- lation before us today is a bipartisan tleman has made a number of positive sug- making does not in this particular and moderate approach that guaran- gestions about the bill recently, the amend- case. tees the protection of the fifth amend- ment he is offering today is quite severe. I can understand the argument for ment. The Boehlert amendment guts The amendment on the floor today will gut private property rights, but then to the heart of H.R. 1534 by removing an extremely important part of H.R. 1534. give it to the Federal judiciary, which equal access to Federal courts for prop- It is very important that we do not lose sight is not exactly an entity that is sup- erty owners. of the central point of this bill: Federal Con- ported readily by Republicans, strikes The base bill is a targeted limited stitutional property rights do not empower Fed- me as being highly unusual. I do not bill that does not define when a taking eral judges to make land use decisions. H.R. know how they are really qualified to has occurred. Consequently, the proper 1534 would not empower Federal judges to handle these kinds of decisions on a trigger point for compensation does decide whether a certain piece of land should regular, simple appeal at an early proc- not need to be debated. The Boehlert be used for a grocery store or for a hair salon. ess. And that is what this is all about. amendment creates a dangerous prece- Local governments will continue to have their Could we argue that eventually the dent by forcing Federal courts to deal traditional powers to make and enforce zoning appeal could go up to Federal court? It differently with property rights cases regulations. is very unlikely. Now, it is very likely depending on who the defendant is. The Some of the people who are screaming the that the Federal court is going to base bill does not give Federal courts loudest about local control of all land-use deci- spend about half of its time handling new authority on questions that should sions have also been big supporters of having H8960 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Federal environmental laws micromanage how not go as far as I would like it to. I cluding the attorney general of the land is used. Federal endangered species pro- admit that the underlying legislation State of Connecticut, of Delaware, of tections certainly interfere with how land is is a moderate attempt to achieve a Florida, of Georgia, of Hawaii, of used. No locality can regulate land use in a very worthwhile goal. The Boehlert Idaho, of Indiana, of Iowa, of Louisi- way that does not comply with Federal wet- amendment guts even a moderate at- ana, of Maine, of Maryland, of Massa- lands protections. There are probably many tempt to try to achieve that. chusetts, of Michigan, of Minnesota, of other environmental laws, enforceable in Fed- Mr. BOEHLERT. Mr. Chairman, I Mississippi, of Missouri, Montana, Ne- eral court, that directly impact local govern- yield myself the balance of my time. vada, New Hampshire, New Mexico, ments or lands use decisions. Mr. Chairman, for those who say that North Dakota, Oklahoma, Oregon, H.R. 1534 provides ample opportunity for my substitute guts the bill, I would Pennsylvania, Rhode Island, Ten- the local process to work so that appropriate point out that my substitute retains nessee, Vermont, the attorney general zoning and land use regulation can proceed. section 3 and 4 of the manager’s of the Virgin Islands, the attorney gen- What we are trying to do is provide some amendment. Are the sponsors saying eral of Guam, the attorney general of certainty to a process that can be otherwise that those sections of the bill are the State of Washington, the attorney very open-ended. What the bill now says, is meaningless? I do not think so. general of the State of Wisconsin. that the property owner must make a mean- To the previous speaker who says The list goes on and on. Not only the ingful application. Then, if the locality chooses there is a choice, do we have power to attorneys general but the Judicial Con- to deny that application they should explain the Government or power to the peo- ference of the United States, chaired why, in writing. If they will not approve the ap- ple? I say the choice is, do we have all by the Chief Justice of the Supreme plication, they should explain what type of de- power vested in Washington, DC, in the Court of the United States, a very con- velopment they would accept. Federal Government, or do we leave to servative Republican, Chief Justice Taking into account this information, the State and local governments power Rehnquist. It is opposed by the Na- landowner must reapply. If that application is that they so jealously guard that they tional League of Cities, the U.S. Con- not approved, then he or she must appeal the want to preserve, the power to make ference of Mayors, and every single en- decision or seek a waiver. the decisions at the local level about vironmental group in America. As a former mayor, I could not agree more local zoning issues? Why do they oppose it? Because it with those who have argued for local control Should the Federal Government de- simply does not make sense. The Re- and decision-making. I might also note that termine whether or not we will have a publicans, my colleagues, my friends, many of the cosponsors of H.R. 1534 bring to pornographic parlor on some corner in are saying they favor devolution. They this debate extensive knowledge of State and some small hamlet in some State in want to send more authority back to local governmentÐ133 of the members sup- America? I do not think so. I think the State and local governments, and I porting the bill previously served as mayors, local communities can deal very effec- think that makes a lot of sense. This city council members, or State legislators. tively with that issue. bill does just the opposite. Mr. VENTO. Mr. Chairman, will the They bring to this debate a very practical un- I would point out that the National Governors Association has spoken elo- gentleman yield? derstanding of what is at stake, and they sup- Mr. BOEHLERT. I yield to the gen- port this legislation. quently to this bill. Let me read an ex- cerpt from their letter which has been tleman from Minnesota. The question before us today is whether Mr. VENTO. Mr. Chairman, I want to addressed to all of our colleagues here: Americans should have reasonable access to rise in support of the gentleman’s the Federal courts to enforce Federal rights. I We are writing to express our strong oppo- amendment and in opposition to the sition, strong opposition, to H.R. 1534, the so- hope the Members of the House will support underlying bill. H.R. 1534 to provide legal protections that are called Private Property Rights Implementa- tion Act of 1997. I think the gentleman has done good fair and effective. work in terms of this. This helps the Mr. COBLE. Mr. Chairman, I yield 1 Continuing, the Governors letter bill. It does not completely fix it, but I minute to the gentleman from Califor- says, think it does respect the issue of re- nia [Mr. POMBO]. the result will be substantially more Federal straint, in terms of the Federal Court, (Mr. POMBO asked and was given involvement in decisionmaking on purely which is something that I think others local issues. permission to revise and extend his re- have spoken to. marks.) b 1330 So I thank the gentleman, commend Mr. POMBO. Mr. Chairman, I thank This represents a significant infringement him for his work, and support his the gentleman for yielding me this on State and local sovereignty and interferes amendment. time. with our ability to balance the rights of cer- Mr. BOEHLERT. Mr. Chairman, re- Basically what we have here is the tain property owners against the greater claiming my time, I point out what the age-old debate, the debate of whether community good or against the rights of Judicial Conference of the United or not we have power to the govern- other property owners in the same commu- States says, and keep in mind we are ment or power to the people. We get nity. talking about a basic issue decided by down to this basic debate many times Now, that is an excerpt of a letter the Supreme Court that this bill pro- over different issues, especially over from the National Governors’ Associa- poses to overturn. That issue was de- private property issues. Whether the tion signed by Gov. George Voinovich, cided 7 to 1 by the Supreme Court, with argument is to protect the power that chairman of the National Governors’ all the conservative justices voting in the government controls over its citi- Association, Mark Schwartz, favor of Williamson County versus The zens at the Federal level, the State councilmember, Oklahoma City, presi- Bank of Hamilton. Williamson County level, or the local level, that is a de- dent, National League of Cities, and in Tennessee. bate that we continually hear from Mayor Paul Helmke, city of Fort The Judicial Conference of the Unit- this particular side on this issue. They Wayne, president, U.S. Conference of ed States says the judicial conference want to maintain that power over the Mayors. expresses concern with the Private citizenry. As a matter of fact, my bill is the Property Rights Implementation Act On the other side of this issue what sensible approach to this issue because of 1997. The bill would alter deeply in- we have is people who are arguing in the basic bill, H.R. 1534, is not just op- grained Federalism principles by pre- favor of the private property owner, of posed by me, not just opposed by a cou- maturely involving the Federal courts the individual citizen, of the individual ple of Representatives of this great in- in property regulatory matters that that we all represent. I think that that stitution, it is opposed by the National have historically been processed at the is one of the important distinctions in Governors’ Association, most State at- State and local level. this debate. torneys general, 40 at last count, in- Finally, let me point out to my col- The importance of this underlying cluding Dan Lungren, the attorney leagues that it has been said repeatedly legislation is an attempt to give pri- general of the State of California, in- that my concerns have been mainly ac- vate property owners their so-called cluding the attorney general of the commodated, some directly, some in day in court. That is the effort that is State of New York, including the attor- spirit. Well, in spirit, that leaves a lot being made. I admit that this bill does ney general of the State of Texas, in- for interpretation. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8961 The basic fact of the matter is, there The managers of the bill have accept- Bilbray Goodlatte Pappas Bilirakis Goodling Pascrell is a fatal flaw in this bill. It does now ed my amendment. I conclude by Bishop Gordon Paul say that if a zoning board offers an al- quoting it. ‘‘Nothing in this bill alters Bliley Graham Paxon ternative, a developer must appeal one the substantive law of takings of prop- Blumenauer Granger Pease more time. But the bill removes all in- erty, including the burden of proof Blunt Green Peterson (MN) Boehner Gutknecht Peterson (PA) centives for negotiations. borne by plaintiff.’’ Vote for the bill, Bonilla Hall (TX) Petri I urge support of the Boehlert sub- oppose the Boehlert amendment. Bono Hansen Pickering stitute and opposition to the basic bill The CHAIRMAN pro tempore (Mr. Boswell Harman Pickett unless it is properly amended. Boyd Hastert Pitts ROGAN). The question is on the amend- Brady Hastings (WA) Pombo Mr. COBLE. Mr. Chairman, I yield ment in the nature of a substitute of- Bryant Hayworth Pryce (OH) the balance of my time to the gen- fered by the gentleman from New York Bunning Hefley Quinn Burr Herger Radanovich tleman from California [Mr. CAMP- [Mr. BOEHLERT]. Burton Hill Rahall BELL]. The question was taken; and the Buyer Hilleary Redmond (Mr. CAMPBELL asked and was Chairman pro tempore announced that Callahan Hilliard Regula given permission to revise and extend the noes appeared to have it. Calvert Hinojosa Riggs his remarks.) Camp Hobson Riley Mr. CAMPBELL. Mr. Chairman, the RECORDED VOTE Campbell Hoekstra Rogan Mr. BOEHLERT. Mr. Chairman, I de- Canady Holden Rogers States are the issue in this debate, and Cannon Hooley Rohrabacher so the Boehlert amendment, the mand a recorded vote. Chabot Hostettler Ros-Lehtinen amendment of my good friend, will de- A recorded vote was ordered. Chenoweth Houghton Rothman The vote was taken by electronic de- Christensen Hoyer Royce stroy the purpose of this bill. The de- Clement Hulshof Ryun bate is over States. Not Federal Gov- vice, and there were—ayes 178, noes 242, Clyburn Hunter Salmon ernment encroachment, but State gov- not voting 14, as follows: Coble Hutchinson Sandlin Coburn Hyde Schaefer, Dan ernment encroachment. [Roll No. 518] Collins Inglis Schaffer, Bob That is why we are here. It is because AYES—178 Combest Istook Sessions Condit Jefferson Shadegg when individual plaintiffs with objec- Abercrombie Hastings (FL) Obey Conyers Jenkins Shimkus tions under the fifth amendment to the Ackerman Hefner Olver Cook John Shuster Andrews Hinchey Owens Constitution complain that State gov- Cooksey Johnson, Sam Sisisky Baldacci Horn Pastor ernments have interfered with their Cox Jones Skeen Barrett (WI) Jackson (IL) Payne Cramer Kasich Skelton rights, they are kept from getting an Bass Johnson (CT) Pelosi Crane Kennelly Smith (MI) Becerra Johnson (WI) Pomeroy adjudication in Federal court in any- Crapo Kim Smith (OR) Bentsen Johnson, E. B. Porter thing like an expedited or appropriate Cunningham King (NY) Smith (TX) Bereuter Kanjorski Portman Danner Kingston Smith, Linda time frame. So if we remove from the Berman Kaptur Poshard Davis (VA) Knollenberg Snowbarger bill all those provisions that deal with Blagojevich Kelly Price (NC) Deal Kolbe Solomon Boehlert Kennedy (MA) Ramstad the States and local government, DeLay LaHood Souder Bonior Kennedy (RI) Rangel which is what the Boehlert amendment Deutsch Largent Spence Borski Kildee Reyes Diaz-Balart Latham Stearns does, we do not have a bill worth dis- Boucher Kilpatrick Rivers Dickey Lewis (CA) Stenholm Brown (FL) Kind (WI) Rodriguez cussing. Dingell Lewis (KY) Stump Brown (OH) Kleczka Roemer We are not here because of Federal Doggett Linder Talent Capps Klink Roukema Dooley Livingston Tanner Government takings, we are here be- Cardin Klug Roybal-Allard Doolittle LoBiondo Tauscher cause of allegations against State gov- Carson Kucinich Rush Dreier Lucas Tauzin Castle LaFalce Sabo ernments and local governments. So, Duncan Manzullo Taylor (MS) Clay Lampson Sanchez really, voting for the Boehlert amend- Dunn McCollum Taylor (NC) Clayton LaTourette Sanders Edwards McCrery Thomas ment is voting against the bill. Do not Costello Lazio Sanford Ehrlich McDade Thompson make any mistake about it, that is Coyne Leach Sawyer Emerson McHugh Thornberry Cummings Levin Saxton what it is. English McInnis Thune Davis (FL) Lewis (GA) Scarborough I do not think we should vote against Ensign McIntyre Tiahrt Davis (IL) Lipinski Schumer Evans McKeon Traficant the bill, and here is why. Think what DeFazio Lofgren Scott Everett Metcalf Turner DeGette Lowey Sensenbrenner the Federal courts are supposed to do Fazio Mica Upton Delahunt Luther Serrano in the protection of constitutional Flake Moran (KS) Wamp DeLauro Maloney (CT) Shaw Foley Myrick Watkins rights. We do not tell Federal court Dellums Maloney (NY) Sherman Ford Nethercutt Watts (OK) plaintiffs to go somewhere else and Dicks Manton Skaggs Fowler Neumann Weldon (FL) Dixon Markey Slaughter wait their time when they are com- Franks (NJ) Ney Weller Doyle Mascara Smith (NJ) plaining of voting rights, when they Frost Northup Wexler Ehlers Matsui Smith, Adam Gallegly Norwood White are complaining of discrimination, of Engel McCarthy (MO) Snyder Gejdenson Nussle Whitfield Eshoo McCarthy (NY) Spratt poll tax, illiteracy tax, being told they Gekas Oberstar Wicker Etheridge McDermott Stabenow cannot have a right to the ballot. We Gibbons Ortiz Wolf Ewing McGovern Stokes Gillmor Oxley Young (AK) do not say go take it to the board of Farr McHale Stupak Gingrich Packard Young (FL) election commissioners. Fattah McKinney Sununu Goode Pallone When there is a restrictive zoning, Fawell McNulty Thurman keeping someone out of an area be- Filner Meehan Tierney NOT VOTING—14 Foglietta Meek Torres cause of their race, we do not say, well, Forbes Menendez Towns Brown (CA) Jackson-Lee Parker take it to 20 different appeals to the Fox Millender- Velazquez Chambliss (TX) Schiff Shays zoning commissioners of the particular Frank (MA) McDonald Vento Cubin Lantos Frelinghuysen Miller (CA) Visclosky Gonzalez Martinez Stark State, county, or locality. Furse Miller (FL) Walsh McIntosh Strickland And we deal with school desegrega- Ganske Minge Waters Weldon (PA) tion. The day the Governor stands in Gephardt Mink Watt (NC) b the school and says someone may not Gilchrest Moakley Waxman 1358 Gilman Mollohan Weygand come in there because of their race, Goss Moran (VA) Wise Messrs. HINOJOSA, HOEKSTRA, that day the plaintiff goes into Federal Greenwood Morella Woolsey GUTKNECHT, CLYBURN and PEASE court. Gutierrez Murtha Wynn changed their vote from ‘‘aye’’ to ‘‘no.’’ Why is the fifth amendment less? Hall (OH) Nadler Yates Mrs. McCARTHY of New York, Mr. Hamilton Neal Why are plaintiffs under the fifth MOAKLEY and Mr. GANSKE changed amendment to our Constitution not en- NOES—242 their vote from ‘‘no’’ to ‘‘aye.’’ titled to that same access to the Fed- Aderholt Baesler Barrett (NE) So the amendment in the nature of a eral courts that are available to those Allen Baker Bartlett substitute was rejected. Archer Ballenger Barton who plead under the other provisions Armey Barcia Bateman The result of the vote was announced that I have cited? Bachus Barr Berry as above recorded. H8962 CONGRESSIONAL RECORD — HOUSE October 22, 1997 PERSONAL EXPLANATION saying by this bill is we cannot trust Federal courts ought to do more, and if Mr. WELDON of Pennsylvania. Mr. Chair- State government. It is not a question you think that you cannot trust the man, on rollcall No. 518, I was unavoidably about property rights, it is a question local people, okay. But, please, can I detained. Had I been present, I would have about whether State governments can ask my colleagues on the other side, voted ``yes.'' be trusted, and it says we are not get- could you wait a week before you get PERSONAL EXPLANATION ting enough nonelected, life-tenured up and denounce judicial activism? Can Ms. JACKSON-LEE of Texas. Mr. Speaker, Federal judges intervening in the local you wait a week before you pretend to on rollcall 518, the Boehlert amendment to process. be for States’ rights? I do not think we H.R. 1534, I had a malfunctioning beeper and Somebody has a zoning fight in his or can ban inconsistency, but let us have was in meetings where there was no detection her State, and we say, all right, we will a waiting period. that the vote was going on and so I missed give the zoning board one shot. They Mr. GALLEGLY. Mr. Chairman will that vote. Had I been present, I would have get one appeal. Stay away from the the gentleman yield? Mr. FRANK of Massachusetts. I yield voted ``yes.'' State courts, go right into Federal Court. We do not want the Governor, to the gentleman from California. b 1400 the mayor, mucking around in here. Mr. GALLEGLY. Mr. Chairman, I PREFERENTIAL MOTION OFFERED BY MR. FRANK What do all these elected officials thank my good friend from Massachu- OF MASSACHUSETTS know? setts for yielding. Mr. FRANK of Massachusetts. Mr. It also says, by the way, we do not I would like to respond to the gen- Chairman, I offer a preferential mo- decide enough judicially in America. It tleman from Michigan [Mr. CONYERS], tion. says that courts are sitting back and my good friend and neighbor, every mayor I have talked to in my district The CHAIRMAN pro tempore [Mr. waiting for the political process. Let us has signed a letter supporting it, cities ROGAN]. The Clerk will report the mo- intervene earlier. tion. There is a Federal doctrine known as over 100,000 people. I have not had one The Clerk read as follows: ‘‘ripeness’’ which says the courts say no. Mr. FRANK of Massachusetts. Mr. Mr. FRANK of Massachusetts moves that should not rush in; the courts should Chairman, reclaiming my time, I think the Committee do now rise and report the defer. Do you know what this bill says? there have been cases where mayors do bill back to the House with the recommenda- Enough of that stuff. Earn your money. not like what the Governors do. I do tion that the enacting clause be stricken. Do not wait for these disputes to be not doubt that. But if there is any re- Mr. FRANK of Massachusetts. Mr. worked out, do not wait until the local spect left in this body for consistency, Chairman, I read today that Roger officials debate it more and get factual Ebert, I guess it was today, has an arti- this bill will be voted down. information. Decide it. What do you Mr. COBLE. Mr. Chairman, I rise in cle in which he says there should be a have life tenure for? Ignore those local new category of Nobel Prize for Movies. opposition to the motion. people. Do not pay attention to the Mr. Chairman, we believe in Federal Well, I am going to add one. We State judges. protection in Federal courts for Fed- should immediately ask that they in- Let us be very clear: This bill says we eral fundamental rights. States protect stitute a Nobel Prize for Inconsistency, need the Federal judges to be a lot State and Federal rights, but our because you would win it. There would more active than they have been. They Founding Fathers put this right in the be a problem: Under the rules, you should stop waiting for these things to Federal Constitution for attention by could not accept the money, but maybe be ripe. They should stop deferring to the Federal Government with a Federal we can put it to the deficit. Because I State courts to decide issues. They remedy. So I do not see any inconsist- do not think in recorded parliamentary should stop letting local officials work ency there. history there has ever been a greater these things out. We will solve it. Previously, Mr. Chairman, I said the gap between people’s professed prin- You passed a bill that restricted the Boehlert amendment would gut the ciples and what they have voted for right of habeas corpus in Federal court Gallegly bill. I now say to my friend, than there is in this bill. so we will not have habeas corpus. the gentleman from Massachusetts The last speaker for the bill, against What we will have now is ‘‘habeas [Mr. FRANK], that his motion to strike the amendment offered by the gen- propertius.’’ What you will do, if your the enacting clause will emasculate tleman from New York [Mr. BOEH- life is at stake, why not take three the bill. It does great damage to the LERT], said it is about States. He was more State appeals? But you did not bill. absolutely right. The premise of most like the zoning, where is the Federal Mr. HYDE. Mr. Chairman, will the of this bill is that States cannot be judge? You can get right into it. gentleman yield? trusted to deal fairly with property Mr. CONYERS. Mr. Chairman, will Mr. COBLE. I yield to the gentleman rights; not State local officials, not the gentleman yield? from Illinois. State zoning boards, and, God forbid, Mr. FRANK of Massachusetts. I yield (Mr. HYDE asked and was given per- State courts. Because what you are to the gentleman from Michigan. mission to revise and extend his re- about to vote for is a bill that says let Mr. CONYERS. Mr. Chairman, is the marks.) us tell every unelected life-tenured gentleman aware of any city or State Mr. HYDE. Mr. Chairman, under the Federal judge in the country that they organizations that support the bill with the manager’s amendment, have not been sufficiently activist. Gallegly bill, himself a former mayor? you do not get immediate access to the This bill says to all those guys sit- Mr. FRANK of Massachusetts. Mr. Federal court. You have to apply to the ting on the bench, what are you doing, Chairman, reclaiming my time, I do local land use agency. You get a ruling, sitting back and letting controversies not know. I would have to say to my you reapply, taking the conditions of be decided by State officials? How dare friend apparently there are some cities the denial into account. Then you must you leave things to the electorial proc- somewhere where people, having voted appeal the application, or as much as ess? What are we paying you for? How for the mayor, city council and to es- necessary, to reach a body of elected come you have life tenure? Intervene. tablish a zoning board, found they can- local officials, if available. Do not let these State zoning boards not trust them, and want the Federal If all of the above are denied, you work out their will. Do not let State courts. have concurrent jurisdiction. You may courts decide these issues. There may be some municipality go the State route or you may go the In fact, it even says to them there is somewhere that wants unelected Fed- Federal route. a State issue? You Federal judges, de- eral judges to ride to the rescue from Now, I hasten to point out what we cide it. What do we pay you for? You the zoning boards. Maybe we should be are vindicating here is a constitutional have got life tenure. playing the William Tell Overture, be- right, and the Federal courts exist to Never in history have people de- cause here come the Federal judges vindicate constitutional rights. The nounced activism so much and pro- riding to the rescue, protecting you fifth amendment discusses the taking moted it even more. from these local officials. and the rights of property owners; the The bill says this. And do we respect Mr. Chairman, let me say in closing, seventh commandment talks about property rights? Yes. But what you are I can understand people saying the thou shalt not steal. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8963 The real problem is delay. Data indi- There was no objection. The question was taken; and the cates nine years it takes to wend your The CHAIRMAN pro tempore. The Speaker pro tempore announced that way through the maze of local jurisdic- question is on the committee amend- the ayes appeared to have it. tion. The Federal judges are local peo- ment in the nature of a substitute, as RECORDED VOTE ple. These cases are not too tough for modified, as amended. Mr. CONYERS. Mr. Speaker, I de- The committee amendment in the them to decide. Concurrent jurisdic- mand a recorded vote. nature of a substitute, as modified, as tion is given, and there are many civil A recorded vote was ordered. rights cases that get expedited treat- amended, was agreed to. The CHAIRMAN pro tempore. Under The vote was taken by electronic de- ment under the statute. vice, and there were—ayes 248, noes 178, Why is not the right to have your the rule, the Committee rises. not voting 8, as follows: property treated properly and legally a Accordingly, the Committee rose; civil right? It is a human right. I sim- and the Speaker pro tempore [Mr. HAN- [Roll No. 519] ply say the Federal courts are not SEN] having assumed the chair, Mr. AYES—248 some exotic bizarre branch of justice ROGAN, Chairman pro tempore of the Aderholt Gillmor Pappas only taking a few cases. Those judges Committee of the Whole House on the Archer Gingrich Parker State of the Union, reported that that Armey Goode Pascrell can handle these cases. They are not Bachus Goodlatte Paul tough. They handle a lot tougher cases. Committee, having had under consider- Baesler Goodling Paxon But give the property owner some re- ation the bill (H.R. 1534) to simplify Baker Gordon Pease lief before 9 years have elapsed. Justice and expedite access to the Federal Baldacci Graham Peterson (MN) courts for injured parties whose rights Ballenger Granger Peterson (PA) is what the court systems are all Barcia Green Petri about, and concurrent jurisdiction and privileges, secured by the U.S. Con- Barr Gutknecht Pickering gives the property owner an oppor- stitution, have been deprived by final Barrett (NE) Hall (OH) Pickett actions of Federal agencies, or other Bartlett Hall (TX) Pitts tunity to get his Federal right, his con- Barton Hamilton Pombo stitutional right, vindicated in a Fed- government officials or entities acting Bateman Hansen Pryce (OH) eral court. under color of State law; to prevent Berry Harman Quinn I do not think there is anything im- Federal courts from abstaining from Bilirakis Hastert Radanovich exercising Federal jurisdiction in ac- Bishop Hastings (WA) Redmond proper with that. Bliley Hayworth Regula Mr. FRANK of Massachusetts. Mr. tions where no State law claim is al- Blumenauer Hefley Riggs Chairman, will the gentleman yield? leged; to permit certification of unset- Blunt Herger Riley Mr. COBLE. I yield to the gentleman tled State law questions that are essen- Boehner Hill Roemer Bonilla Hilleary Rogan from Massachusetts. tial to resolving Federal claims arising Bono Hilliard Rogers Mr. FRANK of Massachusetts. Mr. under the Constitution; and to clarify Boswell Hinojosa Rohrabacher Chairman, I seriously appreciate hav- when Government action is sufficiently Boyd Hobson Ros-Lehtinen ing the chairman of the Committee on final to ripen certain Federal claims Brady Hoekstra Rothman Bryant Holden Royce the Judiciary give this testimony to arising under the Constitution, pursu- Bunning Hostettler Ryun the important role of Federal district ant to House Resolution 271, he re- Burr Houghton Salmon judges. We have heard too little of ported the bill back to the House with Burton Hoyer Sanchez Buyer Hulshof Sandlin that. While I disagree with him on the an amendment adopted by the Commit- Callahan Hunter Scarborough specific bill, I am glad to have him re- tee of the Whole. Calvert Hutchinson Schaefer, Dan affirm the importance of the local resi- The SPEAKER pro tempore. Under Camp Hyde Schaffer, Bob dent Federal district judges having a the rule, the previous question is or- Campbell Inglis Scott Canady Istook Sensenbrenner major role in defending constitutional dered. Cannon Jefferson Sessions rights. Is a separate vote demanded on the Chabot Jenkins Shadegg Mr. HYDE. Mr. Chairman, if the gen- amendment to the committee amend- Chenoweth John Shaw tleman will yield further, then the gen- ment in the nature of a substitute Christensen Johnson, Sam Shimkus Clement Jones Shuster tleman agrees with me and ought to adopted by the Committee of the Coble Kasich Sisisky withdraw his motion. Whole? If not, the question is on the Coburn Kim Skeen Mr. FRANK of Massachusetts. Mr. committee amendment in the nature of Collins King (NY) Skelton Chairman, I will withdraw my motion. Combest Kingston Smith (MI) a substitute. Condit Knollenberg Smith (OR) Mr. HYDE. God bless you. The committee amendment in the Cook Kolbe Smith (TX) Mr. FRANK of Massachusetts. I will nature of a substitute was agreed to. Cooksey LaHood Smith, Linda ask unanimous consent to withdraw The SPEAKER pro tempore. The Cox Largent Snowbarger my motion, but the gentleman will lose question is on the engrossment and Cramer Latham Solomon Crane LaTourette Souder his debate time. Does the gentleman third reading of the bill. Crapo Leach Spence want me to do it now, or wait? The bill was ordered to be engrossed Cunningham Lewis (CA) Stearns Mr. HYDE. Mr. Chairman, you know, and read a third time, and was read the Danner Lewis (KY) Stenholm Davis (VA) Linder Stump it is very unfair debating BARNEY third time. Deal Livingston Sununu FRANK, because he can get 20 minutes MOTION TO RECOMMIT OFFERED BY MS. LOFGREN DeLay LoBiondo Talent into 3 minutes. Never forget, this is a Ms. LOFGREN. Mr. Speaker, I offer a Deutsch Lucas Tanner Federal constitutional right we are motion to recommit. Diaz-Balart Manzullo Tauzin Dickey Martinez Taylor (MS) seeking to vindicate, and if the Federal The SPEAKER pro tempore. Is the Dooley Mascara Taylor (NC) courts do not want to hear these cases, gentlewoman opposed to the bill? Doolittle McCollum Thomas this is a shame. Ms. LOFGREN. I am, Mr. Speaker. Doyle McCrery Thompson The SPEAKER pro tempore. The Dreier McDade Thornberry b 1415 Clerk will report the motion to recom- Duncan McHugh Thune Dunn McInnis Tiahrt That is denying justice. Justice de- mit. Edwards McIntyre Traficant layed 9 years is not justice, and we The Clerk read as follows: Ehrlich McKeon Turner ought to seek a remedy. This bill pro- Ms. LOFGREN moves to recommit the bill Emerson Metcalf Upton vides a remedy, and I urge its support. to the Committee on the Judiciary. English Mica Wamp Ensign Miller (FL) Watkins Mr. FRANK of Massachusetts. Mr. The SPEAKER pro tempore. Without Etheridge Moran (KS) Watts (OK) Chairman, will the gentleman yield? objection, the previous question is or- Everett Murtha Weldon (FL) Mr. COBLE. I yield to the gentleman dered on the motion to recommit. Fazio Myrick Weldon (PA) from Massachusetts. Foley Nethercutt Weller There was no objection. Ford Neumann Weygand Mr. FRANK of Massachusetts. Mr. The SPEAKER pro tempore. The Fowler Ney White Chairman, I ask unanimous consent to question is on the motion to recommit. Fox Northup Whitfield withdraw the motion. The motion to recommit was re- Franks (NJ) Norwood Wicker The CHAIRMAN pro tempore. Is Frost Nussle Wolf jected. Gallegly Ortiz Young (AK) there objection to the request of the The SPEAKER pro tempore. The Gekas Oxley Young (FL) gentleman from Massachusetts? question is on the passage of the bill. Gibbons Packard H8964 CONGRESSIONAL RECORD — HOUSE October 22, 1997 NOES—178 of the bill, H.R. 1534, the Clerk be au- read. No amendment to the committee Abercrombie Gilman Neal thorized to correct section numbers, amendment in the nature of a substitute Ackerman Goss Oberstar punctuation, and cross references and shall be in order except those printed in the Allen Greenwood Obey to make such other technical and con- report of the Committee on Rules accom- Andrews Gutierrez Olver panying this resolution and an amendment Barrett (WI) Hastings (FL) Owens forming changes as may be necessary in the nature of a substitute by Representa- Bass Hefner Pallone to reflect the actions of the House in tive Oberstar of Minnesota. The amendment Becerra Hinchey Pastor amending the bill, H.R. 1534. Bentsen Hooley Payne by Representative Oberstar may be offered Bereuter Horn Pelosi The SPEAKER. Is there objection to only after the disposition of the amendments Berman Jackson (IL) Pomeroy the request of the gentleman from printed in the report of the Committee on Bilbray Johnson (CT) Porter North Carolina? Rules, shall be considered as read, shall be Blagojevich Johnson (WI) Portman There was no objection. debatable for thirty minutes equally divided Boehlert Johnson, E. B. Poshard and controlled by the proponent and an op- Bonior Kanjorski Price (NC) f ponent, and shall not be subject to amend- Borski Kaptur Rahall Boucher Kelly Ramstad PERSONAL EXPLANATION ment. The amendments printed in the report Brown (CA) Kennedy (MA) Rangel may be offered only by a Member designated Brown (FL) Kennedy (RI) Reyes Mr. SHAYS. Mr. Speaker, on rollcall in the report, shall be considered as read, Brown (OH) Kennelly Rivers vote No. 518, the Boehlert substitute, I shall be debatable for the time specified in Capps Kildee Rodriguez was, believe it or not, in the Capitol the report equally divided and controlled by Cardin Kilpatrick Roukema chapel and missed my first vote since I the proponent and an opponent, shall not be Carson Kind (WI) Roybal-Allard subject to amendment except as specified in Castle Kleczka Rush became a Member of this body in 1987. the report, and shall not be subject to a de- Clay Klink Sabo Unfortunately, the battery in my pager mand for division of the question in the Clayton Klug Sanders was dead, and I was unaware that there Clyburn Kucinich Sanford House or in the Committee of the Whole. The Conyers LaFalce Sawyer was a vote. I know, ‘‘My dog ate it.’’ Chairman of the Committee of the Whole Costello Lampson Saxton Had I been present, I would have voted may: (1) postpone until a time during further Coyne Lazio Schumer ‘‘aye.’’ consideration in the Committee of the Whole Cummings Levin Serrano a request for a recorded vote on any amend- Davis (FL) Lewis (GA) Shays f Davis (IL) Lipinski Sherman ment; and (2) reduce to five minutes the min- DeFazio Lofgren Skaggs REPORT ON RESOLUTION PROVID- imum time for electronic voting on any post- DeGette Lowey Slaughter ING FOR CONSIDERATION OF poned question that follows another elec- Delahunt Luther Smith (NJ) H.R. 2646, EDUCATION SAVINGS tronic vote without intervening business, DeLauro Maloney (CT) Smith, Adam ACT FOR PUBLIC AND PRIVATE provided that the minimum time for elec- Dellums Maloney (NY) Snyder SCHOOLS tronic voting on the first in any series of Dicks Manton Spratt questions shall be fifteen minutes. At the Dingell Markey Stabenow Ms. PRYCE of Ohio, from the Com- Dixon Matsui Stark conclusion of consideration of the bill for Doggett McCarthy (MO) Stokes mittee on Rules, submitted a privi- amendment the Committee shall rise and re- Ehlers McCarthy (NY) Stupak leged report (Rept. No. 105–336) on the port the bill to the House with such amend- Engel McDermott Tauscher resolution (H. Res. 274) providing for ments as may have been adopted. Any Mem- Eshoo McGovern Thurman ber may demand a separate vote in the Evans McHale Tierney consideration of the bill (H.R. 2646) to amend the Internal Revenue Code of House on any amendment adopted in the Ewing McKinney Torres Committee of the Whole to the bill or to the Farr McNulty Towns 1986 to allow tax-free expenditures committee amendment in the nature of a Fattah Meehan Velazquez from education individual retirement Fawell Meek Vento substitute. The previous question shall be Filner Menendez Visclosky accounts for elementary and secondary considered as ordered on the bill and amend- Flake Millender- Walsh school expenses, to increase the maxi- ments thereto to final passage without inter- Foglietta McDonald Waters mum annual amount of contributions vening motion except one motion to recom- Forbes Miller (CA) Watt (NC) mit with or without instructions. Frank (MA) Minge Waxman to such accounts, and for other pur- Frelinghuysen Mink Wexler poses, which was referred to the House The SPEAKER pro tempore [Mr. Furse Moakley Wise Calendar and ordered to be printed. FOLEY]. The gentlewoman from Ohio Ganske Mollohan Woolsey RYCE Gejdenson Moran (VA) Wynn f [Ms. P ] is recognized for 1 hour. Gephardt Morella Yates Ms. PRYCE of Ohio. Mr. Speaker, for AMTRAK REFORM AND Gilchrest Nadler the purpose of debate only, I yield the PRIVATIZATION ACT OF 1997 NOT VOTING—8 customary 30 minutes to the gen- Chambliss Jackson-Lee McIntosh Ms. PRYCE of Ohio. Mr. Speaker, by tleman from Massachusetts [Mr. MOAK- Cubin (TX) Schiff direction of the Committee on Rules, I LEY], pending which I yield myself such Gonzalez Lantos Strickland call up House Resolution 270 and ask time as I may consume. During consid- b 1437 for its immediate consideration. eration of this resolution, all time The Clerk read the resolution, as fol- Mr. FLAKE changed his vote from yielded is for the purpose of debate lows: ‘‘aye’’ to ‘‘no.’’ only. So the bill was passed. H. RES. 270 Mr. Speaker, House Resolution 270 is The result of the vote was announced Resolved, That at any time after the adop- a modified closed rule providing for as above recorded. tion of this resolution the Speaker may, pur- consideration of H.R. 2247, the Amtrak A motion to reconsider was laid on suant to clause 1(b) of rule XXIII, declare the Reform and Privatization Act of 1997. the table. House resolved into the Committee of the Whole House on the state of the Union for Mr. Speaker, the rule provides for 1 f consideration of the bill (H.R. 2247) to reform hour of general debate, equally divided, PERSONAL EXPLANATION the statutes relating to Amtrak, to author- and makes in order the Committee on ize appropriations for Amtrak, and for other Transportation and Infrastructure’s Ms. JACKSON-LEE of Texas. Mr. purposes. The first reading of the bill shall amendment in the nature of a sub- Speaker, on rollcall vote 519, final pas- be dispensed with. General debate shall be stitute. sage of H.R. 1534, I had a malfunction- confined to the bill and shall not exceed one Further, the rule makes in order two ing House beeper and was not able to hour equally divided and controlled by the amendments printed in the report of get to the vote. Had I been present, I chairman and ranking minority member of would have voted ‘‘no.’’ the Committee on Transportation and Infra- the Committee on Rules as well as the Democratic substitute. f structure. After general debate the bill shall be considered for amendment under the five- To expedite floor proceedings, the AUTHORIZING THE CLERK TO minute rule. It shall be in order to consider Chairman of the Committee of the MAKE CORRECTIONS IN EN- as an original bill for the purpose of amend- Whole may be allowed to postpone GROSSMENT OF H.R. 1534, PRI- ment under the five-minute rule the amend- votes during the consideration of H.R. VATE PROPERTY RIGHTS IMPLE- ment in the nature of a substitute rec- 2247 and to reduce votes to 5 minutes, MENTATION ACT OF 1997 ommended by the Committee on Transpor- tation and Infrastructure now printed in the provided they follow a 15-minute vote. Mr. COBLE. Mr. Speaker, I ask unan- bill. The committee amendment in the na- Finally, the rule also provides the imous consent that in the engrossment ture of a substitute shall be considered as minority with the customary motion October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8965 to recommit with or without instruc- eral Government’s micromanagement work. They take the train to meet tions. of Amtrak and provide Amtrak with their customers. They take the train to b 1445 needed flexibility in managing its work meet their clients. They take the train force. to college. They take the train to visit Many of my colleagues may recall For example, H.R. 2247 will restruc- family and friends. that last Congress the House consid- ture Amtrak’s management by remov- The people who work on the railroad ered and passed an Amtrak reform bill. ing the current board of directors and do an excellent job of making sure that In fact, that bill is virtually identical providing for the appointment of an the trains run on time. to the legislation before us today and emergency reform board which will Mr. Speaker, rail travel is the trans- it passed the House by an overwhelm- recommend a plan to restructure Am- portation of the future. It is fast. It is ing vote of 406 to 4 with the support of trak. The bill also creates a seven- convenient. It is energy-efficient, and both political parties, the administra- member advisory council of business it enables everyone to travel regardless tion, and organized labor. So one would experts having no affiliation with the of whether or not they can afford an think that without much debate the railroad industry, Amtrak, or the U.S. automobile. House could again easily pass this com- Government who will be charged with The Northeast corridor is the most promise legislation. But oddly things evaluating Amtrak’s business plan, traveled rail route in the country. This have changed. cost containment measures, productiv- corridor stretches from Boston to Last night, in the Committee on ity improvements, and accounting pro- Washington, DC, and carries over 100 Rules we heard testimony to the effect cedures. The council would then rec- million passengers a year. Without that organized labor has had a change ommend to Congress how best to pro- Amtrak, Mr. Speaker, our infrastruc- of heart and no longer finds the Am- ceed toward partial or complete privat- ture would be much more overloaded trak reform bill to their liking. While ization of the railroad. than it already is. Our air would be the reason for this mood swing was not In addition, the bill gives Amtrak the more polluted, and most people would made fully clear, the Committee on option of contracting out work which have a much more difficult time get- Rules voted to make in order two will provide for desperately needed cap- ting from one destination to another. amendments that had the support of ital savings. Contracting out the work organized labor, a bipartisan amend- to repair and modernize Amtrak’s fa- Mr. Speaker, we all recognize that ment offered by my colleagues, the cilities alone would save taxpayers an Amtrak, despite the great improve- gentlemen from Ohio [Mr. estimated $262 million. The bill also ments that have been made over the last few years, is still not working at LATOURETTE], and [Mr. TRAFICANT], as makes some reasonable changes to on- well as an amendment offered by the erous labor protection requirements its best. According to the General Ac- counting Office, Amtrak’s equipment, gentleman from New York [Mr. QUINN], that will allow Amtrak to streamline which will be offered as a substitute to and reassign its work force in line with Amtrak’s facilities, its stations, its the LaTourette-Traficant amendment. commonsense business practices. tracks, its rolling stock are all starved Each amendment will be debatable for Other reforms in the bill will provide for capital investment. Without capital 20 minutes. options for private financing and en- investment, services are less reliable, In a further effort to alleviate recent courage States to continue their finan- trains are less comfortable, and the concerns, the Committee on Rules cial support of Amtrak in cooperation American rail system falls further and agreed to allow the ranking Democrat with other States to ensure their citi- further behind those of other developed on the Committee on Transportation zens have continued access to valued countries. and Infrastructure to offer an amend- intercity rail services. These and other Mr. Speaker, today’s bill is designed ment in the nature of a substitute reforms in H.R. 2247 promise to con- to help solve these problems by making which will be debatable for 30 minutes. tinue Amtrak’s service for passengers Amtrak more commercially viable. For That means that under the rule, two in the short term and set the railroad example, today’s bill forbids Federal Democrats and two Republicans will on a course to financial solvency and micromanagement of Amtrak’s routes have the opportunity to offer amend- self-sufficiency in the long run. and incorporates transport industry ex- While these changes are dramatic by ments to the Amtrak reform bill. In pertise from the private sector. It also necessity, they are carefully designed addition, the minority has the oppor- triggers up to $2.3 billion in tax credits in fairness to the American taxpayers tunity to offer a motion to recommit for desperately needed capital expendi- and Amtrak’s employees. with or without instructions. tures. Mr. Speaker, time is of the essence. But despite the great improvements I would submit to my colleagues that Our constituents who rely on intercity the rule before us is very balanced and, this bill will make in our national rail rail services and all American tax- system, I urge my colleagues to oppose given the easy passage of virtually payers are looking to Congress to ad- identical legislation in the 104th Con- the rule and oppose the bill. dress Amtrak’s crisis in a reasonable, This bill contains some very dan- gress, I think the rule provides ade- responsible, and timely manner. There- quate time to debate the substance of gerous provisions which will hurt Am- fore, I urge my colleagues to adopt this trak, hurt Amtrak employees, and hurt the legislation, including the new con- fair and balanced rule without delay so cerns that have cropped up. Amtrak’s passengers. It is unfair and it that the House can move on to debate is antiworker. Mr. Speaker, not only is the rule be- the important issues surrounding Am- This bill ends the statutory wage fore us fair, but the underlying legisla- trak’s future. tion it allows the House to debate is Mr. Speaker, I reserve the balance of protection for displaced or downgraded critical. Amtrak’s financial state is my time. workers which Amtrak employees have rapidly deteriorating. In April of this Mr. MOAKLEY. Mr. Speaker, I yield had since the 1930s. It also ends the re- year, the Committee on Transportation myself such time as I may consume. I maining protections Amtrak employ- and Infrastructure appointed a panel of thank my colleague, the gentlewoman ees have against the contracting out of outside experts to study Amtrak. The from Ohio [Ms. PRYCE] for yielding me their jobs to outside vendors. panel reached the unanimous conclu- the customary half hour. Amtrak’s labor protection costs are sion that Amtrak is facing a severe fi- Mr. Speaker, Amtrak is one of the minimal. Over the last couple years, nancial crisis with bankruptcy looming foundations of our national transpor- when Amtrak has laid off 4,000 work- the next 6 to 12 months. tation system and it is a crucial part of ers, they have paid only $100,000 on In response, the Committee on Trans- our economic infrastructure. But this labor protection. And this is out of an portation and Infrastructure reintro- bill will hurt Amtrak. It will hurt Am- entire budget of nearly $1 billion a duced legislation to implement a num- trak workers far more than it will help year. ber of long-awaited reforms that will Amtrak. For that reason, I urge my My Republican colleagues will argue stave off bankruptcy and put the rail- colleagues to oppose this modified that these protections drive up costs road back on track, ready to serve the closed rule. and cripple attempts to make pas- many passengers who rely on its serv- Mr. Speaker, millions of Americans senger rail commercially and finan- ices. H.R. 2247 will eliminate the Fed- rely on Amtrak. They take the train to cially viable. H8966 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Mr. Speaker, that is totally untrue. our national passenger rail system, the passed this House 406 to 4. Does any- In fact, the cost of statutory protec- harm it will do, the harm it will cause body ever talk about what happened tions is tiny compared to total operat- Amtrak employees is far worse. I urge after that? There is deafening silence. ing subsidies and even tinier when my colleagues to oppose this bill, op- And the reason is because there was compared to Amtrak’s total cost. So pose the rule. deafening silence. Nothing happened. It removing these statutory protections Mr. Speaker, I reserve the balance of went to the Senate, but it was not will do very little to make Amtrak my time. brought up for consideration, there- more efficient, but it will do a lot more Ms. PRYCE of Ohio. Mr. Speaker, I fore, it never got to the President for to make workers’ lives more difficult. yield 3 minutes to the gentleman from his signature. The lives of the people on Amtrak’s Wisconsin [Mr. PETRI], a member of the The fact of the matter is it passed management team do not seem to be Committee on Transportation and In- here 406 to 4, and in terms of getting suffering much. Amtrak has paid $3.5 frastructure. enacted, the score is zero. So that is million in management buyout costs. I Mr. PETRI. Mr. Speaker, I rise in what will happen again if we run the do not hear my Republican colleagues support of House Resolution 270. This same play, and that is why there are a complaining about that. rule is a fair rule especially in light of number of us who oppose this bill. Mr. Speaker, outside contracts do the history of this legislation. In the There is another reason, too, because nothing to help keep the costs down ei- 104th Congress, the House passed vir- a number of the representations that ther. Amtrak already has considerable tually the same bill that we have be- were made last year about the provi- leeway to make outside contracts, but fore us today. That legislation enjoyed sions in this bill, why they had to be in its own workers are much more effi- the bipartisan support of 406 House there, have since proven to be false in cient. For example, Amtrak has not Members and the full endorsement of terms of the labor protection language. been able to find an outside vendor ca- organized labor. In fact, labor partici- We were told that Amtrak had to have pable of delivering food and beverage pated in drafting the labor reforms this because of high labor protection services more economically than Am- that it is opposing today. This rule al- costs. It turns out that Amtrak has trak workers already deliver those lows for a Democratic substitute laid off almost 2,000 workers at an av- services at the present time. amendment and for one Republican erage cost of a little over $1,000 a work- Mr. Speaker, my Republican col- amendment with a substitute. Mem- er, less than most severance packages leagues appear to be obsessed with the bers will have the opportunity to vote in any private sector bill. idea of contracting things out. But in on these amendments. Amtrak reform We were told there had to be the in- this case they are really putting poli- legislation must be enacted. Anyone demnification provisions, which Am- tics before the national interest. The who has been paying attention to Am- trak has to sign indemnification con- facts show Amtrak employees just can trak knows that it is about to enter tracts agreeing to bear the responsibil- do it better. If organized Amtrak work- into bankruptcy. ity for the costs of any accident, even ers can do the job better for less The General Accounting Office has if the fault is that of the railroad over money, why on Earth would anybody confirmed this as well as the Commit- which Amtrak runs and leases. Well, try to stop them? we were told of course that Amtrak Mr. Speaker, Amtrak workers are tee on Transportation and Infrastruc- needed this in order to operate and to not exactly living high on the hog. ture’s bipartisan Blue Ribbon Panel on negotiate these leases. Since then Am- Over the last 16 years, Amtrak work- intercity rail. trak has negotiated the trackage ers’ standard of living has declined by Mr. Speaker, today’s vote is about over 33 percent. In most cases, their the future of intercity rail in the Unit- rights over all these at no significant wages have not even kept abreast of in- ed States. If we want to continue to markup in cost. Once again, a flation. have rail service as a transportation nonissue. Mr. Speaker, I come from a railroad option, then we must enact reform leg- There is another reason that I oppose family. All of my uncles also worked islation dealing with Amtrak. There is this bill, and I will speak further on it. for the railroad, so I have always re- no way Amtrak can survive without it. I oppose this rule because the Commit- spected and saw firsthand the hard In addition, the reform legislation will tee on Rules did not make in order my work that these people do. Today it is free up $2.3 billion that was provided in language to strike the limitations of li- no different. The 20,000 Americans who the Taxpayer Relief Act for badly need- ability. In this bill, if someone is in- work so hard for Amtrak deserve some ed capital investment in Amtrak. jured they are entitled to no more than protection in this bill. Unfortunately, Mr. Speaker, I urge a ‘‘yes’’ vote on $250,000 in noneconomic damages. Fur- the way it stands now, they just will this rule and on the legislation to fol- thermore, they are entitled to no more not get it. low. than $250,000 or three times their eco- nomic loss for punitive damages. They Meanwhile, this bill’s attacks on Am- b 1500 trak employees workers just do not also require Amtrak, no matter what stop at cutting statutory wage protec- Mr. MOAKLEY. Mr. Speaker, I yield the situation, to pay the railroad that tion and increasing outside contracts. 4 minutes to the gentleman from West may have been at fault for the accident Mr. Speaker, this bill completely ends Virginia [Mr. WISE]. that resulted. the wage protection aspect of collec- Mr. WISE. Mr. Speaker, I thank the These are onerous provisions. They tive bargaining agreements, and it is ranking member for yielding me this do not help Amtrak. They will hurt not as if these agreements were forced time. Amtrak in the long run. So I urge re- on anyone. These agreements were Mr. Speaker, I oppose this rule, and jection of this rule for that reason. And freely agreed to by unions and manage- let us just get to the heart of one of the remember, 406 to 4 and the bill never ment under the established law. To things we are going to hear, and that is went anywhere. That is why it needs to overturn them is completely unwar- the mantra, over and over, 406 to 4, 406 be changed. ranted and, once again, smacks of un- to 4. My colleagues, I voted for this bill Ms. PRYCE of Ohio. Mr. Speaker, I justified attack on organized labor. last year. I spoke for it last year. So yield such time as he may consume to Finally, Mr. Speaker, this bill hurts why would I be one of the 406 that is the gentleman from New York [Mr. Amtrak passengers by limiting the li- opposed to the rule and opposed to the SOLOMON], the distinguished chairman ability of freight railroads for causing bill? Because, my colleagues, this is of the Committee on Rules. accidents and by tying the calculation not the same time, it is not the same Mr. SOLOMON. Mr. Speaker, some- of damages to an arbitrary economic conditions. times I hesitate to stand up here and formula. It sets up an unfair double I guess I played a little bit, mainly talk, especially when my blood pres- standard under which the liability of from the bench, but I played high sure goes up, but I have been here for freight carriers is restricted, but under school football, and I learned that if a 20 years and I came out of the private which Amtrak’s liability is not re- play is run and it does not go any- sector, and in the private sector we stricted. where, then that play is not run again. never played politics. We did what was Mr. Speaker, despite the much-need- And this is what is attempting to be right for our business and we made it ed improvements this bill will make in done with this Amtrak bill. Yes, it successful and we made our payrolls. Is October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8967 it not too bad that we cannot do the we had to have compromise. And, yes, threat. This is a badly needed piece of same thing in this body? Maybe this is we had to work with Senator ROTH in legislation. It allows us to have a why we are not held in high esteem by the other body, I guess I should not Democratic substitute as well as Re- the American people. mention names over there, but the quid publican amendments. And H.R. 2247, With all the good intentions of my pro quo is that we would have some re- in fact, is the same bill that this Con- good friend, the gentleman from West form. gress passed 2 years ago on this floor. Virginia, Mr. BOB WISE, and I highly Now, I do not know about all of my We need to act decisively to get this respect him and admire him, let me colleagues, but I know for sure that the rule passed so that Amtrak reform leg- just quote to my colleagues his state- Amtrak workers in the Hudson Valley islation can be enacted to save Amtrak ments when this same bill, the iden- want us to save Amtrak. They want to from bankruptcy, and that is the fact. tical bill, passed the House with 406 af- save their jobs. This bill will do that. Mr. Speaker, I would like to address firmative votes. He said, there has been So why do we not just kind of stop the the labor reform measures that are a good deal of hard work and many dif- rhetoric? Why do we not just get down contained in this bill since they are ficult compromises on various issues to brass tacks and agree that we have now generating some controversy. which now enables me to support this to do this and pass this bill? These reforms are exactly the same final product. I am satisfied that the Mr. MOAKLEY. Mr. Speaker, I yield labor reforms that were included in bill is a reasonable compromise and 1 minute to the gentleman from West H.R. 1788, the Amtrak reform bill of that it is needed to keep Amtrak mov- Virginia [Mr. WISE]. the 104th Congress. ing ahead. I was initially concerned Mr. WISE. Mr. Speaker, to have the The reforms were actually endorsed that the Amtrak employees might not distinguished chairman of the Commit- by labor then. In fact, they were even be treated equitably in the bill, how- tee on Rules quote my words, print drafted with labor’s full participation ever, after some changes were made to them up, I am honored, and I hope he in the process. These compromise re- the bill, a reasonable compromise was will do the same thing with the many forms were the product of significant reached. predictions that I made that turned battles in our committee. And since Now my good friend just said some- out to be true on the Contract With the original committee proposals in- times times change. Let me tell my America. cluded even stronger proposals for colleagues what the changes are. And But also let me then quote these labor reform, I think the case can be Amtrak is terribly important to the words today. Yes, a number of us voted made that stronger labor reforms are Northeast and especially to the Hudson for this bill because we were told cer- appropriate for a company that is in- Valley corridor that I have the privi- tain things would happen. They did not deed facing bankruptcy. lege of representing. Let me tell my happen. This bill went absolutely no- Through the efforts of the gentleman colleagues what those time changes where in the Senate because of the from New York [Mr. QUINN], working in are. It means Amtrak is going bank- very provisions that are in the bill conjunction with organized labor, the rupt. Now, not only does that affect all today: Labor protection, indemnifica- committee produced legislation that of the people that commute back and tion, limitation of liability, resulting enjoyed the support of the minority forth in using Amtrak, but it affects in Amtrak coming to a quick halt. and also of organized labor. In fact, the the economy. And more than that, it If we are serious about wanting Am- bill was reported out of committee on a affects the jobs of every single one of trak to keep running, and I want it to unanimous voice vote. Now labor is those Amtrak workers. run through West Virginia just as claiming the reforms are, in fact, un- Now, I have gone back and I have much as the gentleman does from New fair and this is what they have indeed talked to those workers, and they have York. If we are serious about wanting supported in the past. told me not to let Amtrak go down the it to keeping running, we have to rec- I tell my colleagues what I think is drain. Many of them have worked all of ognize the realities. We can pass this unfair. The status quo to which labor is their lives there. That is what this is bill without a lot of burdensome bag- attached is unfair, and it is unaccept- all about. gage on it and we can get it then mov- able. It is unacceptable to this Con- Now, how did we get to this point? I ing to the Senate and to the President, gress and it is unacceptable to the guess my friend from West Virginia who, incidentally, has threatened to American taxpayers who foot the bill does not remember several months ago veto over some of the same provisions for a system that is near bankruptcy. when we were fighting the battle of the they insist on keeping in this bill. We Under current law, Amtrak must pay balanced budget, which is probably the do not have to go down this track a worker who is laid off due to a route most important thing that we can do again. elimination or frequency reduction up in this Congress, is to get this deficit Ms. PRYCE of Ohio. Mr. Speaker, I to 6 full years of full wages and bene- spending under control and stop this yield 5 minutes to the gentleman from fits. Currently, over 75 percent of Am- sea of red ink which is bankrupting all Florida [Mr. MICA], a member of the trak employees are eligible for the full Americans, particularly those that Committee on Transportation and In- 6 years of benefits based on their have to live on fixed incomes; young frastructure. length of service. This is what labor is, people who have to buy homes and Mr. MICA. Mr. Speaker, I rise in sup- in fact, trying to preserve. They have a have to pay mortgage rates that are port of this rule, this rule, in fact, that sweetheart deal that Congress handed just astronomical caused by this defi- will keep Amtrak on track. to them a number of years ago on a sil- cit. Mr. Speaker, let us examine the ver platter when Amtrak was created I will give an example. I hate to get facts. Amtrak is about to enter bank- and they do not want to give that up. off on another subject, but if there is a ruptcy, and this Nation could, in fact, Those are the facts. young couple that just got married and risk losing its inner city passenger rail The same dynamic principle applies has one child, and now they are mak- system. We have a bill before us that to the ban on contracting out. Right ing an interest payment annually on enjoyed the bipartisan support of 406 now Amtrak cannot contract out any their mortgage payment of $6,000, that House Members in 1995. work, other than food and beverage is not a lot, because it is a low mort- This bill includes significant reform services, if it would result in the layoff gage that produces that, but $2,000, of Amtrak that will allow the corpora- of a single employee in a bargaining one-third of that entire interest pay- tion to do these things: To operate like unit. This effectively prohibits almost ment they make, is caused by the Fed- a business, to cut costs, and achieve fi- all contracting out, in fact, of work by eral deficit. We had to get the deficit nancial stability. In addition, the bill Amtrak. under control and we did. We bit the will allow the $2.3 billion that was pro- How is Amtrak supposed to rational- bullet and we had bipartisan support in vided in the Taxpayer Relief Act that ize the system and save money? This is doing it. we passed to be spent by Amtrak on a company about to, in fact, go bank- But in doing so, then we had to fight very badly needed capital improve- rupt; to go belly up. But if it wants to to save Amtrak, and it meant come up ments and investments. downsize its employment base, if it has with a couple of billion dollars extra. Mr. Speaker, this rule should not be to pay everybody wages and benefits And, my colleagues, in order to do that controversial at all. There is no veto for 6 years, I ask how is that possible? H8968 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Congress does not require the airlines out Amtrak jobs a routine procedure the effective operation of Amtrak. But to pay their employees for 6 years in by ending current protections against that is not what I want to discuss at the event of a layoff; why should we such practices. I strongly urge and sup- this time. There will be time, plenty of make Amtrak do that? And Amtrak port the LaTourette-Traficant amend- time in the general debate and on the cannot even achieve any savings ment, which will retain statutory wage amendments later. through contracting out work as its protections, collective bargaining, and What I rise for here is objection to competitors in the airline industry the rights of Amtrak workers to keep the rule that was crafted. It is not a have been able to do. their jobs without the fear of losing fair rule. Democrats were not given an Mr. Speaker, this rule is indeed fair. them to cheaper, less skilled labor. opportunity to offer pinpointed, spe- Amtrak reform legislation is crucial to I also encourage and support the ef- cific amendments. Instead, what was the future of passenger rail in this forts to repeal the bill’s caps on puni- done was to carefully, thoughtfully, country. Let us pass the rule and let us tive and non-economic damages. These and cleverly make in order the move on to general debate on this im- provisions would deny just compensa- LaTourette amendment to rectify the portant bill. tion to victims of passenger rail acci- passenger rail labor rights which the Mr. MOAKLEY. Mr. Speaker, I yield dents and should be removed. gentleman from Ohio [Mr. 2 minutes to the gentleman from Mas- Mr. Speaker, Amtrak service is im- LATOURETTE] requested and which we sachusetts, [Mr. KENNEDY]. portant to the Northeast corridor, the supported on the Democratic side, and Mr. KENNEDY of Massachusetts. Mr. heavily traveled route between Boston then to make as a substitute to Speaker, I rise today in opposition to and Washington, where almost 600,000 LaTourette an amendment by the gen- the Amtrak reform bill because in its people use the trains each day. Amtrak tleman from New York [Mr. QUINN], current form the bill betrays Amtrak’s service gives my constituents an alter- which vitiates LaTourette, reinstates employees’ rights, it compromises the native to fighting traffic jams, it con- essentially the committee bill, but cor- safety of Amtrak’s passengers, and it tributes to reducing air pollution from rects a little problem that was opened would deny just compensation for vic- auto exhaust and it keeps 27,000 cars by obiter dictum language in the com- tims of passenger rail accidents. off our highways each and every day in mittee report to suggest that the Sur- This bill would be better known as this country. face Transportation Board might ex- the Simon Legree Act of 1998. It essen- It is no secret that a pending Amtrak tend these provisions of eliminating tially proposes to balance the books of strike is being held at bay with the labor protection for freight rail and Amtrak on stripping away the income hopes of the passage of this bill. We transit labor. of the workers that lay our rails, that must do all we can to avert a strike So now we have the Quinn amend- essentially make our rails safe and se- that would be devastating for the com- ment that goes just so far, but not cure, and it would impose an undue muters in many of our districts. I be- quite far enough, and the body never burden on those victims of any rail ac- lieve that we can pass the underlying gets to vote on the underlying real cidents that would no longer be able to bill by a wide margin if we strip out issue of rail labor, the LaTourette look to their legal rights. these anti-labor provisions and limits amendment. on liability. And then the rule makes in order b 1515 Therefore, I urge my colleagues to something we did not even ask for, a The fact of the matter is that our support the LaTourette-Traficant substitute on our side. Our committee legal system in this country plays an amendment and the Democratic sub- has historically come to the Commit- important role in making certain that stitute and send a real reform bill, one tee on Rules and asked for open rules. victims are provided the assurance free of poison pills, to the President’s The chairman has always praised the that they will receive benefits if in fact desk. leadership on both sides for doing so, they are hurt or injured in the course Mr. MOAKLEY. Mr. Speaker, I yield both during the times when he was of normal day-to-day operations. This 5 minutes to the gentleman from Min- ranking member in the minority and is a basic security which has always nesota [Mr. OBERSTAR], the ranking now in his service as chairman. He has been the balance of justice in America. member of the Committee on Trans- essentially remained faithful to that It is a system that has worked well for portation and Infrastructure, a gen- premise. But not in this case, and that over 200 years. Why should we cut out tleman who is an expert on this mat- is why I object to this rule. It is unfair. Amtrak from that balance that we ter. It sets up a process by which labor achieve in every other aspect of Amer- Mr. OBERSTAR. Mr. Speaker, I must fail or Democrats are going to be ican life? thank the gentleman for yielding me substantially divided on a range of is- Under the guise of financial interests this time and for his kind words. sues and Members on the Republican for the insolvent Amtrak system, this Mr. Speaker, I do not have a bill- side who might ordinarily be favorable bill dresses up a bunch of unfair labor board as the distinguished chairman of to labor issues but divided on consumer provisions and calls them reforms. In the Committee on Rules had on who questions are necessarily going to be direct violation of their collective bar- said what, but I do have the transcript divided. gaining agreements, this bill would of the debate in 1992, August 11, the It is a fundamentally unfair rule. eliminate wage protections for dis- last time that an Amtrak authoriza- You did not lay the issues out and give placed Amtrak workers, protections tion bill passed the House to be enacted an opportunity for each question to be that have been in place for employees by the President. It is remarkable to debated and voted on its own merits. for over 70 years. The truth of the mat- note in that debate that not a single That is why I object to the rule. ter is Amtrak employees have not got- question was raised by either Democrat I think, in all fairness, that the gam- ten anything close to the kind of cost or Republican about labor issues. Not a bit has failed, because labor is not tak- of living benefits that are necessary in single question. It passed on a voice ing the bait and the consumer groups order to keep up with the rising costs vote in the House. It passed over- are not taking the bait, and I think that almost all the American people whelmingly on suspension later on that in the end we are going to prevail have been able to enjoy. when the conference report came back. because of the unfairness with which What we have here is a system that Not a single question was raised about the issue has been handled in the is being put in place and imposed on labor rights at a time when there are present rule. the poor workers of that system that the same issues as there are today. I urge my colleagues to vote against will, I believe, unduly shift the balance So if we want to talk about consist- the rule. It is an unfair rule. We should of fairness and justice onto the backs ency, one might be reminded by Sam- not have that kind of mischief visited of the people that use the Amtrak sys- uel Pepys, the British poet and writer in the legislative process. We ought to tem, the people that build the Amtrak who said, ‘‘Consistency is the hob- be able to vote on issues on their mer- system and those few individuals that goblin of small minds.’’ Because there its without these little games being may be hurt by a rail accident. is not consistency. There is a signifi- played. To further undermine the unions, cant change in what has happened with Ms. PRYCE of Ohio. Mr. Speaker, I this bill would also make contracting Amtrak and with the issues underlying yield such time as he may consume to October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8969 the gentleman from New York [Mr. Mr. SOLOMON. I yield to the gen- working people that did not agree with SOLOMON], the chairman of the Com- tleman from Minnesota. some of those endorsements and voted mittee on Rules. Mr. OBERSTAR. Mr. Speaker, I for you, too. Mr. SOLOMON. Mr. Speaker, let me thank the gentleman for yielding. At I think the collective bargaining address my good friend the gentleman the hearing of the Committee on Rules agreement should be allowed to be in- from Minnesota [Mr. OBERSTAR], be- yesterday evening, I specifically said tact. There has been an awful lot of cause he is a good friend. He is a highly my recommendation is make in order contracting out by Amtrak that has respected Member of this body. I ad- the LaTourette amendment, make in not even been contested by the work- mired him even when I was a member order the Quinn amendment, they deal ers. It was agreed. of the committee many, many, many with different aspects of the labor I believe, and I say this straight- years ago. I really am surprised at his issue, and I specifically also said, ‘‘But forward, the Republican Party has an protestations here this afternoon, be- do not play a little game with us by opportunity to say, ‘‘Look, you in cause when he testified before the making the Quinn amendment in order labor tried to screw us, but we are Committee on Rules we discussed at as a substitute for the LaTourette.’’ I more concerned about the rights of all length the kind of rule that we would said that, I was very, very clear about people.’’ And I honest-to-God believe make in order in trying to be fair to that because it was a very important there is a shot to pass LaTourette- everybody. We all know that there are point for me. I did not ask for an Traficant. few precious days left before this Con- amendment on our side. I asked for I agree with the gentleman from Min- gress will adjourn. If we are fortunate other amendments to be made in order. nesota [Mr. OBERSTAR] that if that enough to adjourn by November 7 or I did not ask for a substitute. The Com- Quinn amendment passes, and the way even the 14th, we will only be able to mittee on Rules crafted a rule that the bill has been structured I guess it accomplish about one-third of all that plays both ends against the middle. I has been set up by the craftiest Mem- is planned between now and then as far do not believe that the gentleman from ber in the House, maybe in its history, as passing the important legislation on New York [Mr. QUINN] asked for his to the gentleman from Pennsylvania [Mr. this floor. be a substitute. SHUSTER], and I don’t blame him, but But let us get to the rule itself. The Mr. SOLOMON. If I could just re- there has not been a better man, and gentleman from Minnesota knows that claim my time briefly to say, the ques- he is a pit man, he is a pit man, I the gentleman from Ohio [Mr. tion was posed that the Democrat side might say, and he knows those steel LATOURETTE] was allowed to offer an of the aisle did not have all of the in- workers, those coal workers, those amendment, which he supports. It is formation available and we were re- workers at Amtrak and related labor strongly supported by labor. We also quested to leave it open so that you people. made in order a substitute amendment could present a sight unseen sub- I am just saying, look for fairness. I to the LaTourette amendment. It was stitute. We did exactly as we were am going to vote for the rule, and I characterized, I think, by the gen- asked. want Members to consider what I say tleman from Minnesota as the Having said that, please come over in other substantive points during the LaTourette amendment being a whole and vote for this fair rule and vote for debate on this bill. I am proud to join loaf and the Quinn amendment being a this very vital piece of legislation. with the gentleman from Ohio, STEVE half a loaf. Both of them are supported Mr. MOAKLEY. Mr. Speaker, just to LATOURETTE, my neighbor. He has done by labor. Both of them are pro-labor, I correct my dear friend, my chairman, an outstanding job. He, like many Re- guess you could characterize them that it was not our side that asked to keep publicans, contrary to what the press way. So that when Members come to it open. It was the gentleman from Vir- might say, has been a friend of labor the floor later on today, they can ei- ginia [Mr. SCOTT], who was testifying and working people. ther vote in favor of the LaTourette before the panel on a different bill. So, the Republicans have an oppor- amendment, the whole loaf, or they Secondly, if the chairman looks at the tunity to demonstrate, I honest-to-God can vote against it by voting for the records, when I was chair, we did give believe this, and the fact is that most Quinn amendment. It is as simple as unseen amendments to the minority of the many working people voted for that. This is the normal procedure that leader on many occasions. You can them or you would not be here in the we follow in this House. look in the records. majority. Believe me when I tell you We also discussed at length a number Mr. Speaker, I yield 3 minutes to the that. Look for the fairness of the bill. of other amendments that were offered gentleman from Ohio [Mr. TRAFICANT]. I wish you had structured the rule a from Republicans and Democrats. We Mr. TRAFICANT. Mr. Speaker, I will little different, Mr. Chairman, but I told the gentleman from Minnesota yield to the gentleman, but I just want want to thank you for allowing the that he, being the ranking member, to start out here and say something vote on it in the first place. was entitled, with fairness, to offer a that I think is important. I am going Mr. OBERSTAR. Mr. Speaker, will substitute in which he could put any to vote for the rule. I appreciate the the gentleman yield? amendment that he wanted to, the fact you allowed the LaTourette Mr. TRAFICANT. I yield to the gen- Wise amendment which was a very im- amendment. It would probably be tleman from Minnesota. portant amendment, in his opinion, the called Traficant-LaTourette if it were Mr. OBERSTAR. I just want to make Vento amendment or I believe there not for the politics here. Both sides are it very clear that labor opposes the was a Jackson-Lee amendment, but playing politics. any of those or any part of those could I am concerned about workers. There Quinn amendment, because passage of have been included in a Democrat sub- is not a more wily strategist in the Quinn forecloses an opportunity to stitute and as I understand it, we gave House than the gentleman from Penn- vote ‘‘aye’’ on LaTourette-Traficant. Mr. TRAFICANT. Mr. Speaker, re- them something we very rarely do and sylvania [Mr. SHUSTER] and really the claiming my time, I know that. We something the Democrats never did in gentleman from New York [Mr. SOLO- want to defeat the Quinn amendment, my 20 years here, and that was to give MON] has been very fair. There is an op- the minority the right to offer a sub- portunity for working people, and just but we have an opportunity to do it, stitute, sight unseen, providing it is let me say this before we go on. The and we have an opportunity to debate germane to the bill. We did that in an Quinn amendment says freight and it before the Quinn amendment is of- act of being as fair and open as we pos- transit workers will not be impacted fered. I am hoping that people under- sibly could. by this bill. stand the substance of that, and not So I think the gentleman protests get tied up in the politics. b too much. I think we really have been 1530 Mr. MOAKLEY. Mr. Speaker, I yield open and fair, much more fair than the The LaTourette-Traficant amend- 3 minutes to the gentlewoman from Democrats ever were to us on this side ment says that, too. Texas [Ms. JACKSON-LEE]. of the aisle. Now, let us tell it the way it is. (Ms. JACKSON-LEE of Texas asked Mr. OBERSTAR. Mr. Speaker, will Labor came out and tried to beat Re- and was given permission to revise and the gentleman yield? publicans, but there are a whole lot of extend her remarks.) H8970 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Ms. JACKSON-LEE of Texas. Mr. I would hope that we would be able to whichever is greater. A cap on punitive dam- Speaker, I thank the gentleman for cure this by relieving us of these caps ages threatens public safety. While punitive yielding me time. to be fair to all citizens. damages are rarely awarded, they remain an Mr. Speaker, I am certainly not here Mr. Speaker, I rise today in opposition to the important tool in forcing reckless or malicious to dispute the need for this legislation. rule on H.R. 2247, the Amtrak reauthorization defendants to change their conduct and in de- In fact, I am a strong Texas advocate bill. terring others from recklessly disregarding for Amtrak. In fact, we are certainly H.R. 2247 is an important piece of legisla- public safety. Punitive damages ensure that working to maintain our sources of tion which authorizes $3.4 billion in continued safety devices are installed and properly main- intercity transit in our State, and I am Federal support for Amtrak through fiscal year tained, that speed limits are followed, and that a strong advocate of that. 2000. H.R. 2247 also facilitates the privatiza- employees are trained to follow safety proce- Certainly, I am concerned about tion of Amtrak by decreasing its costs and in- dures. Given the current cost-cutting climate at pieces of this legislation that deal with creasing its revenues, in order to eventually Amtrak, the safety incentives offered by the removing employee and various other eliminate its reliance on Federal subsidies. I threat of punitive damages are needed now rights as relates to working conditions, am not here to dispute the need for such leg- more than ever. and I hope we address that. islation, but instead to address concerns But I am also here to speak on behalf raised by some of the more controversial pro- It is not necessary to look for in order to find of an amendment that I attempted to visions of the bill, specifically those dealing cases in which a cap on punitive damages offer and that I think is extremely im- with liability issues. would have been inappropriate. The 1987 ac- portant, and that is H.R. 2247 removes H.R. 2247 caps noneconomic damages at cident in Chevy Chase, MD that resulted in 16 or caps the noneconomic damages at $250,000 regardless of the nature of an indi- passenger deaths and 175 passenger injuries, $250,000 in this legislation, regardless of viduals' injury, caps punitive damages at was completely preventable. The engineer and the nature of an individual’s injury. It $250,000 or three times economic damages, brakeman of a Conrail train, high on marijuana caps punitive damages at $250,000, or which ever is greater, regardless of the cause and alcohol, drove the train 62-miles-per-hour three times economic damages, which- of that injury, and allows Amtrak to indemnify in a 20-miles-per-hour zone blasting through ever is greater. other railroads for even gross negligence and stop signs before slamming head first into an We have had this debate when we recklessness. Amtrak train filled with passengers. More re- talked about tort reform. That clearly I offered an amendment before the Rules cently, the National Transportation Safety weighs on the side of the more eco- Committee last night which would have struck Board stated that last year's Silver Spring ac- nomically endowed, the CEO versus the these unfair and arbitrary provisions from the cident between a MARC commuter train and little girl who lost her leg. Each leg is bill. However, neither my amendment, nor any Amtrak that resulted in 11 deaths was pre- of similar value, because they do not other amendment with the same or a similar ventable had Federal regulators and safety of- have a leg, but the CEO gets more than purpose, was made in order under the rule. ficials been more aggressive in enforcing safe- the little girl with no job. Let us first address the issue of the cap on ty requirements. Regardless of the cause of that in- noneconomic damages that is included in H.R. Finally, I would like to direct your attention jury, it allows Amtrak to indemnify 2247. A cap on noneconomic damages is un- to the troubling indemnification provisions in other railroads for even gross neg- fair to passengers injured by Amtrak's neg- H.R. 2247. These provisions are clearly con- ligence and recklessness. I offered an ligence because it arbitrarily places a value on trary to public policy. Even though indemnifica- amendment to correct that, as I said, the injured person's loss. This value may be tion agreements between Amtrak and rail own- and that was not included. completely unrelated to the type of injury suf- ers are common, several courts, including the Let me address the issue of a cap on fered and may fail to fully compensate the in- court in the Chevy Chase, MD case, have re- noneconomic damages. A cap on non- jured passenger for his or her loss. For exam- fused to uphold these private agreements economic damages is unfair to pas- ple, H.R. 2247 as written, says that the loss of where the freight railroads are themselves re- sengers injured by Amtrak’s negligence a leg is worth $250,000 at most, the loss of sponsible for the crash and engaged in par- because it arbitrarily places a value on both legs is worth $250,000 at most, and the ticularly egregious conduct. The courts found it the injured person’s loss. loss of both legs plus an arm is again worth against public policy and contrary to the inter- This value may be completely unre- at most $250,000. ests of public safety to uphold an agreement lated to the type of injury suffered, and A cap on noneconomic damages discrimi- that would completely immunize freight rail- may fail to fully compensate that indi- nates against women, children, the elderly, roads for truly outrageous conduct that caused vidual’s loss. This value may be com- and the poor who may not have substantial death and serious injury. The courts have rec- pletely unrelated, as I said, to the type economic losses by placing greater value on ognized that legalizing private agreements that of injury suffered, and may fail to fully economic losses than on noneconomic losses. force Amtrak to pay for a freight railroad's li- compensate the injured passenger for H.R. 2247 effectively says that injuriesÐsuch abilityÐregardless of how grossly reckless or his or her loss. as the loss of one's senses or one's limbs, the negligent the freight railroad isÐwill only less- H.R. 2347 as written says the loss of a loss of a child or a spouse, the loss of one's en the pressure on freight railroads to ensure leg is worth $250,000, at most. The loss fertility or ability to care for one's family or that their tracks are as safe as possible for of both legs is worth $250,000, at most, gross disfigurementÐare not real losses and passenger trains, and in so doing, will lead to and the loss of both legs plus an arm is need not be compensated as completely as further accidents. again worth, at most, is worth $250,000. the loss of salary. As I said earlier, this cap discrimi- Consider the case of an accident in which There is no reason freight railroads should nates against women, children, the el- two individualsÐa business executive earning be exempt from the consequences of their ac- derly and the poor who may not have $1 million a year and a mother who stays at tions, just because an Amtrak train is involved the same substantial economic losses, home to care for her childrenÐsustain the in the accident. As written, the bill establishes by placing greater value on economic exact same injury. The executive might be an irrational double standard. Under it, a mo- losses than on noneconomic losses. Ef- able to recover $1.25 millionÐ$1 million for a torist who is hit by a freight train because the fectively what this does is it says that year of lost salary and up to $250,000 in non- freight railroad's grade-crossing signal mal- injuries such as the losses of senses or economic damages. The mother, who does functions would be entitled to full damages one’s limbs, the loss of a child or a not earn real wages or a salary for her job, from the freight railroad, including punitive and spouse, the loss of one’s fertility or would be limited to a maximum of $250,000 noneconomic damages. If the motorist was hit ability to care for one’s family or gross for her loss. by an Amtrak train, however, because of the disfigurement are not real losses and By limiting compensation for noneconomic same malfunctioning signal, the motorist could need not be compensated. damages, women, children, senior citizens, collect only limited punitive damages and non- We really need to correct this. I do and others whose injuries cannot be measures economic damages from Amtrak, and no dam- believe that this legislation is impor- in lost wages will become second-class citi- ages could be collected from the freight rail- tant legislation, but limiting these zens when it comes to claims for rail acci- roadÐeven though the freight railroad was damages, as well as punitive damages, dents. equally at fault in both cases. which are in fact the basis upon which A second area of concern in H.R. 2247 is We must consider that the indemnification industry reforms itself, is distracting the provision capping punitive damages at provision in H.R. 2247 does not just pose a from this very good legislation. $250,000, or three times economic damages, threat to public safety, but is also potentially October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8971 quite costly. At a time when the financial via- track gang on the railroad. We heard it unlocking the $2.3 billion that can be bility of Amtrak is at stake, why should tax- said earlier about how the track gang there for the capital improvements payers pay for the gross negligence or reck- workers, the maintenance of way, they that are so necessary, I urge Members lessness of another rail carrier? are now called, would be hurt by this. to support this rule, to support us in My colleagues, I ask you to consider the im- Let me tell you, the average mainte- our efforts to save Amtrak, because pact of the liability restrictions in H.R. 2247 on nance of way worker on Amtrak makes this Member, at least, and I believe I the safety of rail passengers as you cast your $41,000 a year. I don’t begrudge that to speak for many, does not want to see vote on the rule to H.R. 2247. I urge you to them. As a former gandy dancer, and Amtrak go into bankruptcy. consider these provisions and then to vote that is what they called us back in Ms. PRYCE of Ohio. Mr. Speaker, the against the rule that does not allow an amend- those days. As a former track gang debate provided for under this rule ment to address these alarming provisions. worker myself, I am delighted to see should be more than sufficient to ad- Mr. MOAKLEY. Mr. Speaker I yield that the fellows that I used to work dress any new concerns that have aris- back the balance of my time. with in a previous time, today are en since the House last considered this Ms. PRYCE of Ohio. Mr. Speaker, I making that kind of money. There is measure and passed it overwhelmingly yield such time as he might consume nothing here which will reduce those by a vote of 406 to 4. Therefore, I urge to the gentleman from Pennsylvania salaries, those incomes. my colleagues to support this fair and [Mr. SHUSTER], the chairman of the But if we do not pass this legislation, generous rule. Committee on Transportation and In- if we do not pass this reform, there is Mr. Speaker, I yield back the balance frastructure. not going to be an Amtrak. We need to of my time, and I move the previous Mr. SHUSTER. Mr. Speaker, I thank save these jobs. question on the resolution. the gentlewoman for yielding. We are told about the Senate not The previous question was ordered. Mr. Speaker, I want to save Amtrak. moving, that is a fact, the other body The SPEAKER pro tempore. The That is what we have been dedicated not moving last year. That is a fact. question is on the resolution. to. Now, I can tell you, as I am sure We did our job. We passed the reform. The question was taken; and the many of you know, there are some in They did not move. Speaker pro tempore announced that this body that do not want to save Am- However, it is very significant to the ayes appeared to have it. trak. In fact, I was in a meeting this note that this year, in reconciliation, Mr. MOAKLEY. Mr. Speaker, I object morning with several Members where we sat down and cut a deal with the to the vote on the ground that a we had a hard sell because they were Senate which was that $2.3 billion quorum is not present and make the telling us why are you trying to save would be made available to Amtrak, point of order that a quorum is not it? It is about to go into bankruptcy. It coupled with the reform legislation, present. is a failure. Let it go down the tubes. and the Senators in conference were The SPEAKER pro tempore. Evi- But we need Amtrak, but we need an willing to go along with that. We had dently a quorum is not present. efficient Amtrak. And it is the sad an agreement with the Senate to pass The Sergeant at Arms will notify ab- truth. In fact, virtually everybody virtually this reform language, and sent Members. agrees, it is on a steep path to bank- unlock the $2.3 billion for Amtrak. The vote was taken by electronic de- ruptcy. The GAO report says that, the Well, we could not get agreement vice, and there were—yeas 226, nays panel of experts that Congressman downtown, so in reconciliation, we had 200, not voting 7, as follows: OBERSTAR and I together appointed in to drop it. [Roll No. 520] order to come back and give us their We are back here trying to do the re- YEAS—226 recommendations said that. Everybody sponsible thing, and that is save Am- trak, and trying to do it in a fashion Aderholt Davis (VA) Hobson acknowledges it is on a steep path to Archer Deal Hoekstra bankruptcy. that will unlock the money, and trying Armey DeLay Horn We need to reform it, but we also to do it in a way that really this body Bachus Diaz-Balart Hostettler need the votes to reform it. And it is a previously overwhelmingly approved. Baker Dickey Houghton Ballenger Dooley Hulshof fact that virtually the same legislation My good friends have talked about not Barr Doolittle Hunter before us today passed this body in the being a fair rule, and my good friend Barrett (NE) Dreier Hutchinson last Congress 406 to 4. It is almost a bit from Ohio talked in terms of ‘‘my Bartlett Duncan Hyde embarrassing to tell you that every rule.’’ I wish it were true, but, of Barton Dunn Inglis Bass Ehlers Istook Member who stood up today, who spoke course, it wasn’t my rule. The Commit- Bateman Ehrlich Jenkins against this rule and this bill, is on tee on Rules writes rules; I did not Bereuter Emerson Johnson (CT) record as having voted for this very craft it. Bilbray English Johnson, Sam Bilirakis Ensign Jones legislation in the last Congress. In fact, initially it was suggested to Bliley Everett Kasich Now, what changed? What changed is me that it should be a closed rule, and Blunt Ewing Kelly our friends in rail labor apparently the minority would have their oppor- Boehlert Fawell Kim think they can get a better deal, and so tunity to offer a motion to recommit. I Boehner Foley King (NY) Bonilla Forbes Kingston they have said they now oppose this. objected to that. I said, no, I believe Bono Fowler Klug I would have to say, while I have the the minority should have an oppor- Brady Fox Knollenberg greatest respect for my colleagues, this tunity to offer their substitute, and the Bryant Franks (NJ) Kolbe Bunning Frelinghuysen LaHood is the biggest flip-flop since Humpty Committee on Rules has, indeed, pro- Burr Gallegly Largent Dumpty fell off the wall. To have 406 vided that the minority does have the Burton Ganske Latham Members vote for this bill, every Mem- right to offer their substitute. Buyer Gekas LaTourette ber who spoke against it today, to now I generally like our committee to Callahan Gibbons Lazio Calvert Gilchrest Leach stand up and speak against it, when he, bring open rules, but when you have a Camp Gillmor Lewis (CA) in fact, voted for the bill. piece of legislation that passed by a Campbell Gilman Lewis (KY) We need to save Amtrak. There is vote of 406 to 4, and we are coming Canady Goode Linder $2.3 billion already set aside for Am- Cannon Goodlatte Livingston down to the closing days of this ses- Cardin Goodling LoBiondo trak if this reform legislation passes. sion, it does not seem unreasonable to Castle Goss Lucas That is extraordinary. It puts us on the say if we bring back that which already Chabot Graham Manzullo way to saving a needed transportation passed 406 to 4, do we really need to Chenoweth Granger McCollum Christensen Greenwood McCrery mode in our country. have an open rule? Coble Gutknecht McDade Some of my friends have talked Let us give the minority their rights. Coburn Hall (TX) McHugh about how labor will be hurt, how labor Let us give them the opportunity to Collins Hansen McInnis will be hard done by. offer their substitute. We offer our bill. Combest Hastert McKeon Cook Hastings (WA) Metcalf I represent Altoona, PA, one of the And that is why it is in front of us as Cooksey Hayworth Mica big railroad centers of America. I am it is today. Cox Herger Miller (FL) perhaps one of the few Members of the So I urge you, if you care about sav- Crane Hill Moran (KS) Congress who actually worked on the ing Amtrak, if you care about Crapo Hilleary Morella H8972 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Myrick Rogan Spence NOT VOTING—7 at Amtrak; also for saving Amtrak and Nethercutt Rogers Stearns Chambliss Lantos Strickland saving the very positive implication Neumann Rohrabacher Stenholm Cubin McIntosh Ney Ros-Lehtinen Stump that the saving of Amtrak will have on Gonzalez Schiff Northup Roukema Sununu the whole railroad retirement system. Norwood Royce Talent b 1604 So for all of those reasons, I would Nussle Ryun Tauzin urge support for this legislation. Oxley Salmon Taylor (NC) Mr. MORAN of Virginia, Mr. JEF- Packard Sanford Thomas FERSON and Mrs. MINK of Hawaii Mr. Chairman, we are here today to seize Thornberry what is probably the last chance to save Am- Pappas Saxton changed their vote from ‘‘yea’’ to Parker Scarborough Thune trak without a bankruptcy. No informed ob- ‘‘nay.’’ Paul Schaefer, Dan Tiahrt server denies that the company is at best only Paxon Schaffer, Bob Traficant Mr. BRYANT and Mr. SMITH of a few months away from the bankruptcy court. Pease Sensenbrenner Upton Texas changed their vote from ‘‘nay’’ Peterson (PA) Sessions Walsh That includes Amtrak itself, the General Ac- Petri Shadegg Wamp to ‘‘yea.’’ So the resolution was agreed to. counting Office, and the expert bipartisan Pickering Shaw Watkins panel that our committee formed to examine Pitts Shays Watts (OK) The result of the vote was announced Pombo Shimkus Weldon (FL) as above recorded. Amtrak's condition. Porter Shuster Weldon (PA) This is no longer a postponable problem: A motion to reconsider was laid on Portman Skeen Weller Amtrak has only a few months to live if it is White the table. Pryce (OH) Smith (MI) kept in the straitjacket of Federal laws that Quinn Smith (NJ) Whitfield The SPEAKER pro tempore (Mr. Wicker prevent it from operating on a rational, busi- Radanovich Smith (OR) PEASE). Pursuant to House Resolution Ramstad Smith (TX) Wolf ness-like basis. This bill removes that strait- 270 and rule XXIII, the Chair declares Redmond Smith, Linda Young (AK) jacket, and frees Amtrak from the statutory Regula Snowbarger Young (FL) the House in the Committee of the micromanagement that has brought it to the Riggs Solomon Whole House on the State of the Union Riley Souder brink of financial collapse. for the consideration of the bill, H.R. These structural changes were drafted on a NAYS—200 2247. bipartisan basis with the participation and Abercrombie Green Neal b 1605 agreement of the minority and of rail labor in Ackerman Gutierrez Oberstar IN THE COMMITTEE OF THE WHOLE the 104th Congress. They include: Establish- Allen Hall (OH) Obey ing a new reform board of directors; giving Andrews Hamilton Olver Accordingly the House resolved itself Baesler Harman Ortiz into the Committee of the Whole House Amtrak a fresh start in its capital and stock Baldacci Hastings (FL) Owens on the State of the Union for the con- structure; removing the numerous Federal Barcia Hefley Pallone mandates that preclude rationalizing its route sideration of the bill (H.R. 2247), to re- Barrett (WI) Hefner Pascrell system; and organizing itself for business effi- Becerra Hilliard Pastor form the statutes relating to Amtrak, ciency. Up to now, the company has never Bentsen Hinchey Payne to authorize appropriations for Am- Berman Hinojosa Pelosi been permitted to do any of these thingsÐun- trak, and for other purposes, with Mr. Berry Holden Peterson (MN) like other transportation companies. Bishop Hooley Pickett KOLBE in the chair. Blagojevich Hoyer Pomeroy This bill should be very familiar to most The Clerk read the title of the bill. Members, because you voted for it by a roll- Blumenauer Jackson (IL) Poshard The CHAIRMAN. Pursuant to the Bonior Jackson-Lee Price (NC) call of 406 to 4 less than 2 years ago. There rule, the bill is considered as having Borski (TX) Rahall are only technical changes in this bill to reflect Boswell Jefferson Rangel been read the first time. the passage of time, plus one substantive Boucher John Reyes Under the rule, the gentleman from Boyd Johnson (WI) Rivers change. We have authorized the reform Board Pennsylvania, [Mr. SHUSTER] and the Brown (CA) Johnson, E. B. Rodriguez of directorsÐif it choosesÐto recommend a Brown (FL) Kanjorski Roemer gentleman from Minnesota [Mr. OBER- plan to Congress to implement one of the key Brown (OH) Kaptur Rothman STAR] each will control 30 minutes. ideas of our expert panelÐthe separation of Capps Kennedy (MA) Roybal-Allard The Chair recognizes the gentleman Carson Kennedy (RI) Rush Amtrak into two distinct corporations, one for Clay Kennelly Sabo from Pennsylvania [Mr. SHUSTER]. infrastructure, and one for operations. Of Clayton Kildee Sanchez Mr. SHUSTER. Mr. Chairman, I yield course, even if the board made such a rec- Clement Kilpatrick Sanders myself such time as I may consume. ommendation, it would take future congres- Clyburn Kind (WI) Sandlin Mr. Chairman, we are here today to Condit Kleczka Sawyer sional action to implement such a plan. Conyers Klink Schumer seize what is probably the last chance Among the restrictions this bill removes are Costello Kucinich Scott to save Amtrak without a bankruptcy. the current statutory requirements for up to 6 Coyne LaFalce Serrano I am dedicated to trying to save Am- Cramer Lampson Sherman years of labor protectionÐthat is, full salary Cummings Levin Sisisky trak, but it is no secret that are sev- and benefits, to any employee adversely af- Cunningham Lewis (GA) Skaggs eral Members in this body, and in the fected by a discontinuance of service a reduc- Danner Lipinski Skelton other body, who would just as soon kill tion of service below three trains weekly, or Davis (FL) Lofgren Slaughter Amtrak. Davis (IL) Lowey Smith, Adam even a 30-mile relocation. But remember, this DeFazio Luther Snyder So what we have tried to do is put to- bill was a bipartisan compromise: It does not DeGette Maloney (CT) Spratt gether a compromise which we can get forbid Amtrak from providing protections for its Delahunt Maloney (NY) Stabenow through to reform Amtrak, which will DeLauro Manton Stark employeesÐif merely places these issues in Dellums Markey Stokes unleash the $2.3 billion that has al- collective bargaining, without having the Fed- Deutsch Martinez Stupak ready been set aside for Amtrak if we eral Government dictate what the protections Dicks Mascara Tanner are able to get reform through. will be by statute. Dingell Matsui Tauscher Mr. Chairman, much of this debate Dixon McCarthy (MO) Taylor (MS) The bill also addresses the continuing prob- Doggett McCarthy (NY) Thompson took place during the rule, and so there lem of unlimited tort liability exposure. Almost Doyle McDermott Thurman is no need for me to restate what has everywhere except the Northeast corridor that Edwards McGovern Tierney been stated many times already with Engel McHale Torres Amtrak owns, it must operate over the tracks Eshoo McIntyre Towns regard to the debate that took place belonging to private-sector freight railroads. Etheridge McKinney Turner concerning the rule. The bottom line is Amtrak, by Federal law, has access to those Evans McNulty Velazquez if we do not reform Amtrak, if we do tracks, whether the freight carrier likes it or Farr Meehan Vento not pass legislation to reform Amtrak, Fattah Meek Visclosky not. Therefore, the liability exposure that is Fazio Menendez Waters Amtrak goes into bankruptcy, there placed on the freight railroads is involuntary in Filner Millender- Watt (NC) will be no Amtrak. It is that simple. nature. All this bill does is to place reasonable Flake McDonald Waxman In the last Congress virtually the limits on the punitive and non-economic dam- Foglietta Miller (CA) Wexler Ford Minge Weygand same legislation passed this body 406 to age exposure in passenger train accidents. It Frank (MA) Mink Wise 4, as has been emphasized in the pre- has no effect on the freight railroads' own Frost Moakley Woolsey vious debate, and that needs to be re- freight-carrying operations. If we do not make Furse Mollohan Wynn emphasized here. This is our last, best these sensible reforms, however, Amtrak may Gejdenson Moran (VA) Yates Gephardt Murtha hope of saving Amtrak and saving the be facing prohibitively expensive access re- Gordon Nadler jobs of the many good people who work quirements, because Amtrak still has to pay October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8973 the freight railroads, even under compulsory Mr. OBERSTAR. Mr. Chairman, I important and there is so little time access arrangements. yield myself such time as I may remaining in the session that we are to There are those, Mr. Speaker, who say that consume. have this restricted rule and this expe- the only way Amtrak will ever be fixed is by Mr. Chairman, to begin with, I would dited process that we cannot proceed going bankrupt first. I do not share this view, like to inquire of the gentleman from through to conclusion tonight. because a shutdown would be a great blow to Pennsylvania [Mr. SHUSTER], is my un- Amtrak’s financial situation is in- our transportation system, to our commuter derstanding correct that this afternoon deed critical. We do need to pass re- rail operations, and even to the Railroad Re- we are going to do only general debate? form legislation. We do need to pass re- tirement System. Mr. SHUSTER. Mr. Chairman, will authorization legislation to enable Am- But let's look at an Amtrak bankruptcy, be- the gentleman yield? trak to operate efficiently and release cause there are too many constituencies here Mr. OBERSTAR. I yield to the gen- the funds that have been made avail- who are still in denial about Amtrak and its fi- tleman from Pennsylvania. able in the tax legislation. nances. If Amtrak goes under, the GAO esti- Mr. SHUSTER. Mr. Chairman, the Mr. Chairman, Amtrak’s survival is mates that labor protection payments alone gentleman is correct. absolutely vital to the Nation’s trans- would total up to $5 billion. Amtrak's commer- Mr. OBERSTAR. Mr. Chairman, re- portation system. Most passengers now cial debtÐnot to the Federal GovernmentÐis claiming my time, presumably we will travel by car or plane, but those modes about $1 billion. So that's $6 billion in liabil- begin tomorrow morning at some time? use enormous amounts of energy. They ities, with virtually no possibility of paying Has there been an announcement by have substantial adverse environ- those claims out of Amtrak's assets. And just the leadership of when we may antici- mental impact. There are limits to our this week, the Comptroller General issued a pate? ability to accommodate more traffic by legal opinion in response to an inquiry from Mr. SHUSTER. Mr. Chairman, if the building new highways and new air- Chairman KASICH and myself. He ruled that gentleman would continue to yield, I ports. We need rail service. none of Amtrak's liabilitiesÐlabor protection or have no further information other than Mr. Chairman, we need a highly effi- commercial debtÐconstitute claims against the statement that I will move that cient passenger rail system as other the U.S. Treasury. the committee rise following general countries in the world have. We ought What does this mean? It means that if Am- debate. to be able to have 175-mile-an-hour pas- trak's labor force and management do not co- Mr. OBERSTAR. Mr. Chairman, senger rail service in America as they operate and help turn this company around again reclaiming my time, that leaves do in France or 300-mile-an-hour rail there will be no golden parachute of 6 years our side somewhat puzzled. During the service, as they will have in Germany of labor protection. The golden parachute has debate on the rule there was some with the construction now underway of already collapsed, and if they help drive Am- statement made about the shortness of the Maglev train system between Ham- trak into bankruptcy, Amtrak's employees are the session and the urgency to move burg and Berlin or the 180-mile-an-hour simply going to be standing in line with a lot this bill ahead. Now it seems that the passenger rail system in Japan, the of other unsatisfied creditors who collect little urgency has faded and I am very puz- Shin-Kansen, that carry 254 million or nothing. zled by this, and I am wondering what passengers a year. But we do not have I hope, Mr. Speaker, that these rather stark has happened on the other side of the that in the United States, and we realities will spur Members to realize that this aisle. is the last train out of the station. If this bill is ought to make that investment. And Mr. SHUSTER. Mr. Chairman, if the this legislation would move us in that not enacted, Amtrak stands virtually no gentleman would continue to yield, the chance of survival for more than a few months direction if it was the right kind of leg- decision was made by the leadership islation. at best. during the vote to not proceed beyond What about some good news? Well, if we Mr. Chairman, we agree with much of general debate today, and that decision do approve this reform legislation and the what is in this bill and what passed the is above my pay grade. President ultimately signs it into law, then Am- House in 1995. But we believe it is bad Mr. OBERSTAR. Mr. Chairman, trak will have access to over $2 billion in public policy to go forward with provi- again reclaiming my time, I would say much-needed capital funds that have been set sions in the bill that adversely affect that I did not think there was much aside for it under the Taxpayer Relief Act of labor and the consumer interests that above the gentleman’s pay grade. 1997. So this bill not only presents the oppor- are adversely affected by the liability Mr. Chairman, it reminds me of the tunity to avoid an immediate Amtrak collapse; caps. last Congress when this bill was before it also will provide Amtrak with immediate ac- Mr. Chairman, there will be amend- the committee and there was a vote cess to desperately needed capital funds. I ments to address those issues and I will and then we suspended and then we know from our committee's hearings that Am- support those amendments. But it will came back, then the bill was pulled trak has a severe shortage of capital, and has, be extremely difficult to pass this leg- again, and now this is the third time. I in fact, been cannibalizing its physical plant islation in its present form because the and equipment for some time, because it did am curious as to what really is going provisions in the bill dealing with labor not have the resources to do an orderly capital on here. I am very curious about what and liability are opposed by the admin- replacement program. Together with the effi- has happened. istration and, indeed, caused the bill in ciencies made possible by this bill, the $2 bil- Mr. Chairman, I also wanted to men- 1995 to die in the other body. tion that during debate on the rule, as lion of additional capital will go a long way to- b 1615 ward turning Amtrak around and letting it be- the gentleman from Pennsylvania was The same provisions are there this come a healthy, self-sustaining company. making his comments, I noted with Finally, Mr. Speaker, let me tell all Members great interest his reference to service time. They will again make it impos- on both sides of the aisle, this bill is not about on the track gang and I wanted to sug- sible to include Amtrak reform, to see free votes. History has placed us in positions gest at the conclusion of the gentle- Amtrak reform through to enactment, of responsibility in a time of transportation cri- man’s remarks that we might form a and they made it impossible to see Am- sis. Unlike some of our predecessors in this track gang caucus, since this Member trak reform through in the reconcili- body, we do not have the option of punting. also worked in the iron ore mines on ation package that passed the Congress It's put-up-or-shut-up time, and currying favor the track gang pounding oil and bump- recently. with special interests today will not solve any ing rail. It is puzzling to us why this restric- of these problems that have been getting Mr. SHUSTER. Mr. Chairman, will tive labor language is necessary. The worse for 26 years. If you can't stand up and the gentleman yield? obligations in current law to protect be counted on a sensible bipartisan reform Mr. OBERSTAR. I yield to the gen- the rights of working men and women like this, then don't delude yourself into think- tleman from Pennsylvania. that are freely negotiated between ing that there's going to be a second chance. Mr. SHUSTER. Mr. Chairman, that is labor and management, which would be That's a pipe dream. back when men were men. eliminated by this legislation, are not Thank you, Mr. Speaker. I reserve the bal- Mr. OBERSTAR. Mr. Chairman, this an impediment to the efficiency of Am- ance of my time. is extremely important legislation. It trak. Mr. Chairman, I reserve the balance puzzles me, therefore, why we have a In the year and a half, almost 2 years of my time. truncated process today if it is that now since the House passed the much H8974 CONGRESSIONAL RECORD — HOUSE October 22, 1997 ballyhooed bill in 1995, we have had an $250,000. That means the higher the than 30 miles from home to work. This opportunity to see what the effect has economic damage, the higher the added is one provision. Look at this one. been of labor protective provisions. In damage for pain and suffering. What are the Democrats and labor this period that has elapsed since pas- For example, take a wealthy cor- bosses defending? Up to 6 years of full sage of that bill, there has been a net porate executive who can show eco- wages and benefits for all Amtrak em- loss of 2,000 jobs at Amtrak. The cost nomic losses or damage of a million ployees who are laid off due to a route has been an average of $1,000 per em- dollars. That person gets in an addi- elimination or because of the fre- ployee. That nets out to about $2 mil- tional $1.25 million in noneconomic quency of Amtrak train service falls lion. damage for pain and suffering. A child below three trips per week. This is the Amtrak adjusted service, laid off 10 or an unemployed person with the premium that we have to pay some percent of its work force. It cost rough- same pain and suffering is limited to labor agreements that were made years ly $2 million to do that. I do not see $250,000. That is not right. We should and decades ago. We do not have fire- how that is an impediment. I do not see not do that. We should not make those men on trains anymore because the sit- why we need to eliminate protection of kinds of changes. We should not inter- uation changes. We do not have fires in labor’s rights freely negotiated in order fere in the tort liability process. the engine anymore. But this is what to save Amtrak. How does that $2 mil- I cannot support a bill that has such they want to preserve. This is the heart lion save Amtrak? onerous provisions and is so destruc- and the core of it. In fact, in a July 28 letter from the tive of the labor-management relation- I submit we can protect employee chairman of Amtrak, Tom Downs, he ship. There are reasonable amendments rights. I think that we can expand em- stated: that will be offered. They could be of- ployment in Amtrak and give more op- I testified in front of the Senate Finance fered tonight. We could pass this, pass portunity. But we need labor reforms, Committee with Sonny Hall, and I stated in those amendments and conclude action we need liability reforms. We can pro- the hearing on the record, that Amtrak does on this bill tonight and get Amtrak on tect individual rights as far as liability not experience significant costs in C–2 ex- its way if Members are so concerned reform, but we must limit some expo- penses; that is, labor protection expenses, so about seeing Amtrak continue to oper- sure. We cannot be paying out these that the impact of the repeal of C–2 would not save us any significant funds except in ate safely and efficiently. huge settlements and make this train the ultimate bankruptcy of Amtrak. I also We could do it tonight. We could pass run on track. stated I would prefer to be able to negotiate the LaTourette amendment and get on With a little bit of flexibility, I sub- C–2 provisions with labor than to have Con- with our business, but apparently it is mit, with a little bit of cooperation gress mandate changes. going to be held over until tomorrow. and, God forbid, a little bit of innova- That same view was expressed by Mr. In that spirit, Mr. Chairman, I re- tion, we can make Amtrak run. We can Robert Kiley, spokesman for the com- serve the balance of my time. increase employment and, in fact, we mittee’s task force of experts who re- Mr. SHUSTER. Mr. Chairman, I yield can provide cost-effective national pas- viewed the Amtrak financial situation, 5 minutes to the distinguished gen- senger rail service. that the chairman had appointed. At a tleman from Florida [Mr. MICA]. Times change. I said there is no fire- press conference on the task force re- Mr. MICA. Mr. Chairman, this is a men on trains anymore. I am part of port, Mr. Kiley said that the labor pro- very serious business, a very serious the club, too. I worked on the railroad tection issue is a red herring. issue before the Congress. In fact, as we in the summers and they are great peo- Well, it is a red herring. Why it has heard the gentleman from Pennsylva- ple. They are wonderful people. They to be the centerpiece of this legislation nia [Mr. SHUSTER] say, Amtrak is going are hard-working people. But times and is beyond me, Mr. Chairman. I simply down the tubes. Amtrak cannot survive position change, I submit, Mr. Chair- do not understand it. I do not know a strike which has been put off for an- man, and we must change. Why must why they want to take it out on Am- other week here. we change? Because Amtrak must run trak labor, on rail lab labor under the What is fundamental to this debate like a business. The Congress demands guise of somehow saving Amtrak. The is, why is Amtrak off track? As a mem- it. The balanced budget requires it. labor and liability provisions are bad ber of the Subcommittee on Railroads, Common sense dictates it. The tax- public policy. I had the nerve, the very gall, like payers are fed up and they will no On the labor side, it takes away from other responsible members of the sub- longer pay for it running the way it is. employees all rights on severance pay committee, to ask why. Why is Amtrak Mr. OBERSTAR. Mr. Chairman, I and all rights on contracting out. The in this condition? We held hearings on yield 3 minutes to the gentleman from provisions in the bill abrogate not only this matter. Why are we subsidizing New York [Mr. NADLER]. labor protection provisions in law, but billions of hard-earned taxpayer dollars Mr. NADLER. Mr. Chairman, we have those provisions that labor and man- in a losing system? Why is Amtrak los- an opportunity today to continue a agement together have negotiated. ing money day, after day, after day? vital service to millions of people or to Why do you break a contract? How can we put national and vital re- help in causing its demise. I think it My father worked in the iron ore gional rail passenger service back in important that we adopt the mines all his life. He said the only responsible operation? LaTourette-Oberstar amendment and guarantee against the company is your Anyone, in fact I submit anyone, the Oberstar substitute, which would union contract. It cannot be taken Democrat or Republican, who take a provide the capital funds Amtrak needs away from you. But here in this legis- look at this and we passed this bill by and would not punish Amtrak’s work- lative body, if we pass this bill, by leg- a wide, wide bipartisan measure and ers and those unfortunate enough to be islative fiat we will take away what folks looked at it. We had a bipartisan injured in any possible accident. labor has freely negotiated with man- commission look at it. I submit even if The need to fund Amtrak’s capital agement. That is wrong. I will not we had the village idiot look at this program and provide operating assist- stand for it. No one else should stand they would all come up with the same ance is obvious. The bill before us pro- for it in this body. conclusion, that there are two reforms vides that funding at adequate levels. The reported bill also establishes new that are necessary for Amtrak. One is Unfortunately, the bill also includes procedures for negotiations on labor labor reforms, changes in labor law, provisions that are unacceptable to protection and on contracting out. And some that were enacted decades ago. many of us in this body, to many in the they go far beyond and substantially Two, liability reform. Everyone who other body and to the President. This depart from the balance process estab- looks at it comes to the same conclu- House passed an almost identical bill lished in the Railway Labor Act. sion. last year and at that time we thought The liability provisions in the bill I submit on the labor front, and this it was the only way that Amtrak could create serious inequities. The bill is, let us get to the heart of the issue, receive the funding it needs to con- would cap noneconomic damages, such just read this, what are the Democrats tinue. We know now this is not the as damage for pain and suffering, in a and labor bosses defending? Up to 6 case. We know that this bill died in the manner that favors affluent plaintiffs. years of wages and benefits for any Senate last year precisely because of The cap is economic damages plus Amtrak employee asked to travel more the objectionable provisions that are October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8975 contained in this bill and will most laid off due to a route discontinuation to labor, they extend to the manage- likely meet the same fate again. We or the reduction in service below three ment of Amtrak, which I do not think also know the President will likely times a week. I have ever seen an instance of that be- veto this legislation as currently draft- Now, there have been some state- fore. ed. ments also on the floor of this House Mr. OBERSTAR. Mr. Chairman, I What must be removed to make this that that is the same labor protection yield myself 25 seconds. an acceptable and a good bill? The caps that the freight railroads enjoy. But In the interest of accuracy, the 30- on punitive damages and noneconomic that fact is not true. Reducing service mile issue is not in Amtrak law, it is damages must be removed. To put a below three times a week does not kick covered by a collective bargaining cap on punitive damages of $25,000 or in the freight railroad protection. The agreement. And if we wipe out collec- three times the amount of economic discontinuation of service does not tive bargaining agreements, then we loss, whichever is greater, says that kick it in. have wiped out something labor and the rich person who is damaged by de- Under the labor protection in this management together have freely ne- liberate negligence, by deliberate tort, bill, if an employee is asked to move 30 gotiated. we should punish the tort-feasor by miles or more, these labor protection Amtrak did try cutting their fre- three times as much as he is worth. provisions kick in. That is not true quencies to three times a week. They But the infant or the low-income per- with the freight railroads. found that it lost money. So they cut son, his pain and suffering is not worth What we basically have by the pro- those routes altogether. that. His suffering is only worth the tection that is in the bill today is we Mr. Chairman, I yield 2 minutes to much lower amount. have our railroads competing with bus the gentlewoman from Florida, Ms. The straight cap of $250,000 on non- lines and airlines which do not have BROWN of Florida. economic damages on pain and suffer- these restrictions, and they are losing Ms. BROWN of Florida. Mr. Chair- ing, that is not fair. That is not fair to money, and that is despite the fact man, I rise today in support of preserv- those who are injured. It is wrong to that we have subsidized them to the ing wage and labor protection for Am- arbitrarily place a value on an injured tune of $19 billion between 1970 and trak rail workers. Overall, the Amtrak persons’s loss or his life. today. That is something that we authorization bill is an acceptable bill, The second issue that has no place in should not ask the American taxpayer but it eliminates wage protection pro- this bill is the circumventing of labor to do. And we also should not have the visions which already exist because of protections. This body, through this type of restrictions in this bill that we collective bargaining agreements. Mr. bill, has taken upon itself to determine find nowhere else in America, that no Chairman, this is totally unacceptable. the labor practices for Amtrak and its other worker enjoys. Let me repeat, Mr. Chairman. This is employees. Even Amtrak does not be- We also have the contracting out pro- totally unacceptable. lieve that these provisions are needed. visions. Those are a source of capital Congress should not place in law lan- Thomas Downs, chairman of Amtrak, drain for Amtrak. That is one of the guage that disregards labor agree- stated that Amtrak was completely reasons that Amtrak capital and their ments. I urge all of my colleagues to satisfied with the collective bargaining equipment is in such bad shape today; support the Traficant amendment process under the Railway Labor Act. that it is beginning, I think, to be a re- which allows collective bargaining to Even the amendment to the C–2 provi- sponsibility of all of us in Congress ei- settle the wage protection and con- sion in this bill, he said, was not nec- ther to operate Amtrak safely or not tracting issues. essary. Amtrak does not experience operate it at all. This is becoming more Mr. SHUSTER. Mr. Chairman, I yield significant costs in C–2 expenses. This and more a safety issue. 3 minutes to the gentleman from Dela- is supposedly the most burdensome There was a reference on the floor of ware [Mr. CASTLE]. labor protection Amtrak employees the House that they are presently con- Mr. CASTLE. Mr. Chairman, I thank have. The reason Amtrak needs this tracting out some work. The only work the gentleman for yielding me this capital money and this operating as- that they can contract out now is work time and also for all the work he is sistance is because the competition if it would not result in one single em- doing on this bill. from the federally subsidized interstate ployee of Amtrak being terminated. So I am a little concerned about the de- highway system makes it imperative we have almost zero contracting out bate which I am hearing today. I am that any passenger railroad have this now. right in the center of Amtrak. Wil- kind of subsidy. The final thing that I would say is it mington, DE, is directly between New Mr. Chairman, I would urge this Con- has been said that Amtrak pays out York City and Washington. We are the gress not to punish Amtrak, its labor, very little cash in labor protection ninth most used rail station. I use it its management, and its passengers. payments. The reason for that is, and personally. We have a lot of employees We should support the LaTourette- that is probably one thing that has there. I speak to Mr. Downs on a regu- Traficant amendment. We should vote been said that is true, that this simply lar basis, for whom I have a tremen- ‘‘yes’’ on the Oberstar substitute and proves that Amtrak management is un- dous amount of respect. I think he is then we should pass a bill that will able to make normal, rational business doing a wonderful job. I have toured keep Amtrak viable for all Americans. decisions because the statutory labor the different facilities there and spo- Mr. SHUSTER. Mr. Chairman, I yield protection standards are standing in ken to the union people. I have been 4 minutes to the gentleman from Ala- the way. through the whole thing. bama [Mr. BACHUS], a distinguished I repeat again this example. Most We have a problem on our hands, and member of our committee. Amtrak service reductions do not go I am not sure we are recognizing that below three trains a week. The reason on the floor of the House of Represent- b 1630 they do not is to do so would trigger atives today. And that problem is that Mr. BACHUS. Mr. Speaker, there the labor protections. So Amtrak is there is almost a strike today. It would have been several issues that have tied up. That is why they are running have started at 12:01 this morning, I be- come up on the floor that I think need three trains on some routes when they lieve, if they had not put it off for a clarification. One thing that has been would like to run none. week. It could start up 6 days from said on this House floor is why is there We ought to at least give Amtrak the now. That is a tremendous problem. a need for labor reform? Why can Am- right to operate with sufficient capital If we shut down Amtrak, we will trak labor and management not just and to operate the way that other busi- have a problem. That did not come up sit down and negotiate through the col- nesses operate in this country. And we directly because of this but because of lective bargaining process? also should not come to this floor and a board which the President put to- I would point out to the Members say that what Amtrak now has is the gether imposing some very high wage that Amtrak is presently required by same labor protection that the freight increases, which is all well and good, Federal law to make labor protection railroads have. That is not true. except nobody said how we are going to payments of up to 6 years of full wages In fact, and I will close with this, pay for it. It comes to about $85 million and benefits to any employee who is these labor protections not only extend a year, is what it comes to, and we are H8976 CONGRESSIONAL RECORD — HOUSE October 22, 1997 not sure at this point how that will be to kill the Amtrak workers. We all Let me be very brief on some very paid for. want to save Amtrak. I think that we key issues. There is no doubt that we We are not sure at this point what we are not going to go forward with any join collectively to save Amtrak. I am will do with respect to the capital im- votes tonight because there are many a strong proponent of that, and I appre- provements, which everybody agrees Republicans that realize that it may be ciate the work that has been done by are needed. We did pass $2.3 billion as perceived as just a jab back at labor, both the ranking member and the part of the tax bill in the course of this because the two major elements of this chairman on this committee. summer, but we cannot get that re- bill and the real bottom line issue is I want to lay on the table two key is- leased unless we get this authorization preserving the integrity of the collec- sues, and that is protecting employees, done. All these things have to come to- tive bargaining process, and that is providing them with the same work gether and they all have to interlock why labor is up in arms. conditions and benefits as we would together in some way or another. I think Republicans are foolish. I want to have provided for our other And while it is fine that we are de- think they are getting more labor workers throughout this Nation; and bating the labor and liability issues, votes than they think, and I think they then, as a member of the House Com- the bottom line is if we do not pass have an opportunity to look at this in mittee on the Judiciary, I must empha- something pretty soon in the House of a different vein. My voting record re- size my great concern in the capping of Representatives, Amtrak will fail, and veals I have tried to always be fair, and economic and noneconomic damages, then our debate will be about whose I vote for what I think is best for the in this instance relating to punitive fault it was that it failed. We need to country, and I am advising my Repub- damages as it relates to individuals come to some resolution of this. We lican colleagues to take a look at this who are injured. need to make sure the $2.3 billion is re- before they come to the floor. We have gone through this battle be- leased. We need to deal with the strike One thing the Quinn bill does, and I fore. I think that we can save a valu- issues as soon as possible. love the gentleman, I think he is a able transportation vehicle and tool And by the way, I have serious great Member, but it does something I like Amtrak by being fair with those doubts they can continue commuter do not like: It treats some people dif- injured parties. There is no price that travel at the same time that they are ferently; namely, Amtrak workers. we can place on a lost arm or leg. going through a strike. This would just And I want to stand here today on be- There is no price that says that one clog the whole east coast area. Amtrak half of Amtrak workers. who is the CEO of a company, that one is vitally important not just to the I have said this many times, but I who has great wealth should be costed east coast but to other parts of this will say it again, because I want that out in damages more so than that re- country, but it literally would have an old Pitt man there, one of the great tired, elderly, former schoolteacher, or effect that is overwhelming in certain chairmen in our history, I think he was that young student who tragically was parts of the country, and the conges- born to be chairman of this committee, injured. tion on the east coast would be that. and I follow his lead, but as an old Pitt We can fix this legislation, and I But I am bothered beyond all this. I quarterback, I can remember when think we should. Let us be fair and pro- am bothered by the fact we are trying Vince Lombardi died. Everybody said vide for transportation for all those to play catch up with Amtrak. And yet they loved him, and the news media who need it and, at the same time, give we go to other countries and see videos could not believe it. And they went up value and benefits to the workers and of other countries on television and we to Willie Davis and said, Willie, big protect those individuals, those inno- learn about the rail systems which Hall of Fame defensive end, Willie, tell cent individuals who may be using this they have, which are vastly superior to us the truth about Vince Lombardi. vehicle, this means of transportation, what we have in the United States of Now, look, tell us the truth. He said, I so that they too will recognize the America. That does not exist in any loved him. They asked him why he value of what we do in this Congress other area of transportation but in loved him. He said because he treated and we do it in a fair and honest way. that of rail. And I think we need to ad- us all alike, like dogs at times, but all Mr. Chairman, I rise today to raise some se- dress that issue as well. alike. rious concerns about H.R. 2247, the Amtrak This does have 500 destinations. Am- Mr. Chairman, I think it is bad pol- reauthorization bill, as it stands today. Unless trak does touch in 45 States. It does icy, poor precedent to place worker amended, this legislation would be a failure by provides over 22 million passenger rail against worker. If I were a Republican this Congress to protect the interests of the trips every year. That is a significant and the labor unions tried to beat me, American people in general, as well as, the amount of travel in this country, and I would feel the same way. I think it is constituents that we have all been elected to my judgment is we have to improve it. time to rise above that. represent. I do not mean to suggest that H.R. We have that chance to do it. The Here is the point I want to make: The 2247 is a piece of legislation without merit. Ac- chairman has worked hard to get us in contracting out provisions and the tually, this legislation begins the important first that position to do it, and we have to other labor protections in this bill for steps necessary to make Amtrak a fully self- pull together. Amtrak workers has been admitted by funded national transportation entity, by de- If indeed there are labor, liability, or Amtrak to not be a part of the cost creasing costs and making it possible to in- other issues that need to be resolved, complications. They are inconsequen- crease revenues. However, it is still very im- such as route flexibility or whatever it tial. So what appears to me to be labor portant that we be careful of what means we may be, we need to sit down and try to is, all right, these guys screwed me and use to achieve greater gains in fiscal solvency. work that out. But we do not need to I am going to get them. And I guaranty Frankly speaking, the changes that this bill defeat this legislation. That would be a back there in Altoona the gentleman makes to the state of standing Amtrak labor serious error. It passed last year by a has more labor support than any Dem- relations and the liability of the rail line for ei- vote of 406 to 4. Let me tell my col- ocrat that is going to run against him. ther economic or non-economic injury is great- leagues, it is a lot more urgent this I am asking the chairman to treat ly in need further review and revision by this year in 1997 than it was in 1996. Amtrak workers like all the other Congress. We must and can not pass legisla- I would encourage all of us to support workers, and we do not have to kill tion from this body that chooses economic this legislation, work out what the dif- Amtrak workers to save Amtrak. Let gains and protections for corporations above ferences are and make sure rail travel us save Amtrak and get ourselves a few the rights of the individual to recover in case in America goes forward. votes in the process. of injury. Mr. OBERSTAR. Mr. Chairman, I With that, I yield back any more of As far as claims for property damage or per- yield 3 minutes to the gentleman from the politics of this matter. sonal injury, my primary objections to H.R. Ohio [Mr. TRAFICANT]. Mr. OBERSTAR. Mr. Chairman, I 2247, as it stands, are as follows. First of all, (Mr. TRAFICANT asked and was yield 2 minutes to the gentlewoman H.R. 2247 caps damages for noneconomic in- given permission to revise and extend from Texas [Ms. JACKSON-LEE]. juries at a sum of $250,000 above the victim's his remarks.) Ms. JACKSON-LEE of Texas. Mr. economic damages. Second, the bill then lim- Mr. TRAFICANT. Mr. Chairman, I Chairman, I thank the gentleman for its an injured passenger or victim's recovery believe to save Amtrak we do not have yielding me this time. for punitive damages to $250,000 or three October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8977 times the amount of economic loss, whichever Party. It is the first time in 15 years I appear. This provision in the bill would is greater in that case. And third, the bill sanc- have ever had my words blown up and directly affect 706 workers in the 10th tions private indemnification agreements that prominently displayed. I have joined Congressional District of Indiana. Am- would completely immunize railroads from li- the ranks of GINGRICH, ARMEY, GEP- trak operates a maintenance shop in ability in the event of an accident, forcing Am- HARDT, and many others. I just hope Beech Grove, IN, to keep its engines trak to pay for the gross negligence of these they will also blow up some of my pre- and passenger coaches in good running parties. dictions that I made about the Con- order. This bill would allow Amtrak to First of all, the final legislative initiative in tract With America because I think shut down that facility and shift main- this group, about indemnification, may very those proved to be equally succinct and tenance to privately contracted shops well increase Amtrak's costs because of the of course prescient. outside of Indiana. The 706 workers at recent frequency of rail crashes in America, Now, 406 to 4, and so the claim is the Beech Grove maintenance shop de- which occur approximately once an hour ac- made, well, many of our colleagues serve better than this. They are doing cording to U.S. News and World Report. On voted for that and, yes, I voted for the a good job and receive health care and the other side of every indemnified Amtrak bill the last time, too. But, Mr. Chair- other benefits. I do not believe that we crash, there are most likely going to be injured man, I have got a practice that if I run should be eliminating those jobs and passengers or victims who deserve to recover one time into a brick wall, I try not to sending the work out of Indiana, espe- damages, why place that burden solely on suit up and run into it again. And so cially the contract facilities that do Amtrak? Is it prudent or responsible at a time many of us when we signed up last not give their workers the same pay when railroad accidents are occurring at an time and voted were told this is the and benefits. alarming rate to pass legislation that assigns way it had to be because this is the That is why I support the additional financial responsibilities on Amtrak best way to get this bill passed and LaTourette-Traficant amendment. It to compensate injured parties for accidents? I Amtrak is in trouble and this is the would restore the labor protections would contend that it is not. What incentive way to get it passed, emphasis on that exist in current law and would does an indemnified entity have to make sure ‘‘passed.’’ preserve the jobs in Beech Grove. I that accidents do not occur, and if these in- 406 to 4, 2 years ago and we are back compliment my two colleagues for of- centives do exist, why take such a great risk here again. Why? Because it did not fering this amendment. with the lives of the American people? These pass the Senate and it was not signed The Quinn amendment, on the other railroads can act negligently or recklessly, by the President. The Senate would not hand, would only make minor improve- cause an accident, and simply leave Amtrak to even take it up and so we can vote for ments to the bill. By voting for the carry the bill. this bill again and we can run into a Quinn amendment, we would be voting Furthermore, how can we dare to put a cap, legislative brick wall for every bit the against the LaTourette-Traficant a calculated, definitive value on the amount of same reasons. What we are doing in our amendment. Do not be fooled. The recovery for noneconomic and punitive amendments and in our language is we Quinn amendment does nothing to help losses? Is the loss of an arm, a leg, a wife, are trying to remove the impediments Amtrak workers. It is a killer amend- a husband, a mother, a father, a daughter, or to getting this bill passed, the labor ment designed to defeat the important son because of a disastrous crash all equal in protection clauses and the liability labor protections that the LaTourette- value? I do not see how they could be. Also, clauses. That is what held this bill up. Traficant amendment seeks to restore. why does this legislation place a cap upon pu- We can get this bill passed, I presume, When these amendments are offered, I nitive and noneconomic damages and not in the next week or so by removing the strongly urge my colleagues to reject economic damages? Are those who have controversial items. Quinn and adopt LaTourette-Traficant. lesser economic harms somehow justifiably So, yes, my hope is that 406 to 4, Mr. SHUSTER. Mr. Chairman, I yield entitled to less no matter what that particular there are a lot of people that learned 3 minutes to the distinguished gen- injury may be? In sum, none of these new ini- something out of that. And what we tleman from Colorado [Mr. HEFLEY]. tiatives appear to be pragmatic in function or have learned is that if it did not work Mr. HEFLEY. Mr. Chairman, the necessary for the future of Amtrak; they ulti- this way last time, it will not work Federal Government is a master at cre- mately raise a lot of questions, but give very this time and so let us make the ating Federal programs based upon few answers. changes that are necessary to keep good intentions, but for which the tax Finally, the blatant disregard of this appro- Amtrak functioning. There are signifi- till has become a lifeline for survival. priations bill for the standing labor relations cant differences between then and now. Congress created Amtrak back in 1970 within the Amtrak operative structure, is Amtrak is in a different situation but, with a one-time grant of $40 million, grounds enough for opposing H.R. 2247. The most importantly, we know what did one-time grant, it was supposed to be. bill, as it stands, removes protections from and did not work and now that we It was to be independent and was to be workers, tells Amtrak and its employees to ne- know what did not work, let us not self-sufficient. As we all know, Amtrak gotiate, but gives no incentive for Amtrak to make that mistake again. I would urge has not become self-sufficient. It has negotiate. H.R. 2247 just strikes standing Am- my colleagues to support the amend- turned into a $22 billion black hole for trak employee protections from the law without ments that will make this bill work taxpayer dollars. giving Amtrak bargaining constraints, and thus and get it passed. What have we gotten for our money? forces the employees to strike to enforce their Mr. OBERSTAR. Mr. Chairman, I Passenger trains in 1997 are slower demands to management because their statu- yield 2 minutes to the gentlewoman than they were in the 1950’s. Their av- tory protections are gone. Much like many of from Indiana [Ms. CARSON]. erage speed is slower than many Third the other changes within this bill, it just does Ms. CARSON. Mr. Chairman, during World countries. Even tomorrow’s ver- not make any sense. I urge my colleagues to this general debate there are certain sion of high speed rail will be slower support the LaTourette amendment which was points that need to be made crystal than France or Japan’s trains in the drafted specifically to address these concerns. clear. Amtrak’s most important assets 1970’s. Amtrak has used the taxpayers’ In light of all of these many concerns and are the many men and women who $22 billion and taken a giant step back- controversies, I would ask all of my colleagues work hard to make sure that our Na- ward. How do we reward Amtrak for to be reasonable, and please reconsider H.R. tion’s rail passenger trains operate this? In Congress’ infinite wisdom we 2247. Not simply for the good of Amtrak, but safely. The bill before us today simply have decided to give Amtrak, which as well for the good of America. is not fair to these employees. It cre- has never paid any taxes, a $2.3 billion ates a gaping hole in the law which will tax refund. But to kill the $2.3 billion b 1645 deprive Amtrak workers of wage pro- now, we would have to kill this legisla- Mr. OBERSTAR. Mr. Chairman, I tections which have been in place since tion. yield 2 minutes to the gentleman from the 1930’s for displaced and downgraded While I do not think this bill goes far West Virginia [Mr. WISE]. employees. enough and I know Amtrak will be Mr. WISE. Mr. Chairman, I want to It also removes restrictions on con- right back at the Federal trough as thank the gentleman and I want to tracting out work. This would allow soon as it gobbles up the next $2.3 bil- thank the chairman of our full com- Amtrak management to throw away lion, it does contain a number of items mittee and members of the Republican its employees by making their jobs dis- which make sense. With the passage of H8978 CONGRESSIONAL RECORD — HOUSE October 22, 1997 this bill, Amtrak will finally be able to BILIRAKIS, That Indritz retired from government serv- adjust their system of routes without BARTON of Texas, ice several years ago and is not on the com- fear that Congress will tie their hands. GREENWOOD, mittee’s payroll matters not at all when it At the same time we have given BURR of North Carolina, comes to his standing and influence. Chair- man John D. Dingell loves him like a broth- WHITFIELD, preapproval for States to form inter- er, and it is fair to say that Dingell keeps DINGELL, state compacts in order to take over him around because he needs him: Little any routes Amtrak discontinues. We BROWN of Ohio, Phineas is in many respects the social con- are encouraging contracting out, re- WAXMAN, and science of Big John. placing the current Amtrak board, tak- KLINK. Every few months, Indritz appears in Din- ing the Government out of Amtrak There was no objection. gell’s office with a wrong that must be through the redemption of Amtrak’s f righted, with evidence of an injustice in- flicted by corporate America or some agency common stock and reforming the labor TRIBUTE TO PHINEAS INDRITZ of the federal bureaucracy. ‘‘He’s like a kid structure. (Mr. DINGELL asked and was given who comes home every day with a different Mr. Chairman, some of my colleagues permission to address the House for 1 stray dog or cat and plops it on our door- beholden to the labor unions will argue minute and to revise and extend his re- step,’’ one committee colleague said. ‘‘Some- that this bill goes way too far, and I times we wish he wouldn’t bring them home, marks.) say it does not go nearly far enough. but his heart is always in the right place. Mr. DINGELL. Mr. Speaker, it is This bill does not go far enough and And usually the things he believes in are with a great sense of sadness that I ad- Amtrak is bound to turn to Congress things that ought to be done.’’ vise this House of the passing of a dear All of this must be taken into account for more help in future years. But as friend of this institution and of mine, when one considers the life and times of H.R. long as the labor unions are spending Mr. Phineas Indritz, an individual 100. This measure, popularly known as the millions of dollars trying to buy Con- known for many years as an outstand- unisex insurance bill, has sent the insurance gress, as long as we continue to delude industry into a multimillion-dollar lobbying ing staff member of many committees ourselves that Amtrak will ever be able frenzy. It has been embraced by feminist of this Congress and well known to to run a railroad and as long as we con- groups as the centerpiece of their campaign many on Capitol Hill and the city of tinue to waste our taxpayers’ dollars for economic equity. And it has trapped En- Washington. by pouring it down this empty pit, this ergy and Commerce members in the middle Phineas Indritz died on October 15, of a ferocious fight that many of them wish is the best bill we can probably pass in 1997, at the age of 81 at Holy Cross Hos- would be waged somewhere else. this House. I urge my colleagues not to pital following a long illness. Phineas Indritz, committee aide emeritus, dropped water it down any more. H.R. 100 on the doorstep. He is one of the was a graduate of the University of Mr. OBERSTAR. Mr. Chairman, al- bill’s principal authors. An old civil rights Chicago with A.B. and J.D. cum laude though we have more time, we have no activist and New Deal liberal, Indritz is degrees, served as Assistant Solicitor further speakers on our side. In sorrow, blessed with talents as extraordinary as his and Counsel at the U.S. Department of disappointment, and puzzlement that name. For years, his amazing juggling feats the Interior from 1938 to 1957, except with bowling pins have delighted friends and we will not get to a vote tonight, I during the years of World War II, when strangers in parks around Capitol Hill. yield back the balance of my time. he served with distinction in the Army He drives through town in a fine old con- Mr. SHUSTER. Mr. Chairman, I yield Air Forces. vertible, his head barely protruding above back the balance of my time. the steering wheel. His tweed suit pockets He then began 20 years of service on The CHAIRMAN. All time for general hold a bountiful supply of hard candy, and Capitol Hill as a staff member to the debate has expired. his scholarly mind retains more obscure Mr. SHUSTER. Mr. Chairman, I move Government Operations Committee, facts about constitutional law and legal that the Committee do now rise. first as counsel for the Subcommittee briefs on discrimination than can be found in on Public Works and Resources in 1957 the library of the Supreme Court. The motion was agreed to. It was his lifelong obsession with fighting Accordingly the Committee rose; and and then going on to other assign- ments. discrimination that led Indritz several years the Speaker pro tempore (Mr. CAL- In 1963, he became chief counsel of ago to take hold of a bill prohibiting insur- LAHAN) having assumed the chair, Mr. ance companies from using race or sex in set- the Subcommittee on Natural Re- KOLBE, Chairman of the Committee of ting rates for policyholders. sources and Power, and at the same the Whole House on the State of the Phineas will be greatly missed. We are for- time, in 1969, to the Subcommittee on Union, reported that that Committee, tunate that his legacy is so long, and contin- Conservation and Natural Resources. having had under consideration the bill ues to live with us and help us every day. He He also served with distinction as a (H.R. 2247) to reform the statutes relat- is survived by his two daughters, Tahma Metz member of the staff of the Committee ing to Amtrak, to authorize appropria- of Bethesda and Tova Indritz of Albuquerque, on Energy and Commerce and also for tions for Amtrak, and for other pur- NM; and a son, Dr. Doren Indritz of Phoenix, its Subcommittee on Energy and poses, had come to no resolution there- AZ; a sister; and two grandsons. He was pre- on. Power. He has long been known for the out- ceded in death by his beloved wife of 34 f standing work he has done for human years, Ruth Gould Indritz. APPOINTMENT OF CONFEREES ON rights, protection of natural resources, f S. 830, FOOD AND DRUG ADMINIS- and for his work as teacher and scholar HONORING BOB L. VICE TRATION REGULATORY MOD- and educator in the area of law. (Mr. PACKARD asked and was given ERNIZATION ACT OF 1997 Mr. Speaker, he will be missed, and I permission to address the House for 1 Mr. BLILEY. Mr. Speaker, I ask extend my sorrow and sympathy to the minute and to revise and extend his re- unanimous consent to take from the members of his family who properly marks.) Speaker’s table the Senate bill (S. 830) grieve the loss of a great man. Mr. PACKARD. Mr. Speaker, I rise to to amend the Federal Food, Drug, and Some may remember the series of articles honor a distinguished agricultural Cosmetic Act and the Public Health written by David Maraniss for the Washington leader at the local, State, and national Service Act to improve the regulation Post about the Committee on Energy and level who will be leaving office this of food, drugs, devices, and biological Commerce in 1983. In one of these articles, year. Bob L. Vice, President of the products, and for other purposes, with dated July 18, 1983, was a portrait of Phineas California Farm Bureau Federation, House amendments thereto, insist on Indritz. I would ask that a passage from this has led the largest agricultural organi- the House amendments, and request a article be reprinted as follows: zation in the State of California for the conference with the Senate thereon. There is a special desk and telephone re- past 81⁄2 years. He has met many chal- The SPEAKER pro tempore. Is there served for Phineas Indritz, the gnome of the lenges during the time to keep a $24 objection to the request of the gen- Energy and Commerce Committee, on the billion a year agricultural industry, third floor of House Annex II, and he is re- tleman from Virginia? The Chair hears ceived there with the respect befitting a wise the largest in the Golden State on none, and without objection, appoints old man who has worked in Congress since course. California agriculture is an in- the following conferees: the birth of the youngest committee mem- dustry that contributes generously to Messrs. BLILEY, ber. the State’s economy. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8979 While many think of California as look on issues affecting the industry. He is es- Tax Statement large cities and recreational parks, one pecially aware of the need to balance the use Payments and credits: in 10 jobs are directly related to agri- of water between competing interests within Tax withheld ...... $.00 culture. Farmers face the whims of California and was one of the original partici- Estimated tax payments ...... 6,347.83 mother nature and uncertainties of the pants on the California Bay Delta Oversight Other credits ...... 00 Other payments ...... 1,032.00 marketplace and ever increasing gov- Committee established by Governor Pete Wil- ernment regulations. Bob Vice has son. He was a major participant in the effort Total payments and credits ... 7,379.83 been a strong advocate of the industry to pass Proposition 204, the water bond issue and has spent much of his time away in 1996. Tax: from his family to devote his efforts to His willingness to participate in issues af- Total tax on return ...... 7,380.00 the industry that he loves. I am proud fecting agriculture has propelled the California Less: to know him as a distinguished agricul- Farm Bureau to new heights in political aware- Total payments and credits 7,379.83 tural leader, a devoted constituent and ness and has made the organization a well re- a friend. I wish him the best in his fu- spected force in Sacramento and Washington, Underpaid tax ...... 17 ture endeavors. DC. This respect is not only acknowledged by Penalty ...... 20.64 Bob Vice began his service to the agricul- elected officials but also by his peers through- Interest ...... 28.54 tural industry when approached to attend a out the industry. Amount you owe ...... 49.35 meeting of the California Farm Bureau Fed- He was appointed to the 22d Agricultural eration's Young Farmers and Ranchers Com- District Fair Board (Del Mar) in 1984 by Gov- f mittee. This offer to attend this meeting was ernor George Deukmejian and has been re- made so far in advance that he gave little appointed twice by Gov. Pete Wilson. He is a SPECIAL ORDERS thought to the time commitment involved. But member of the Advisory Council on Small it was to the agricultural industry's benefit that The SPEAKER pro tempore. Under Business and Agriculture of the Federal Re- the Speaker’s announced policy of Jan- he chose to do so. serve Bank of San Francisco. After attending the meeting, Bob Vice be- uary 7, 1997, and under a previous order In addition to his many agricultural activities, of the House, the following Members came very active in the San Diego County Bob Vice and his wife Carilyn are very active Farm Bureau's young Farm and Ranchers will be recognized for 5 minutes each. in their church and community. He continues Program and worked on many programs at to farm avocados in Fallbrook, San Diego f the county level. His involvement led him to a County. The SPEAKER pro tempore. Under a position on the County Farm Bureau board of previous order of the House, the gen- f directors. tleman from Virginia [Mr. SCOTT] is His enthusiasm for work on behalf of the ag- recognized for 5 minutes. ricultural industry and Farm Bureau was ac- MORE ON THE IRS AND THE TAX CODE [Mr. SCOTT addressed the House. His knowledged by his progression to president of remarks will appear hereafter in the the San Diego County Farm Bureau and thus (Mr. SMITH of Michigan asked and Extensions of Remarks.] a delegate to the California Farm Bureau Fed- was given permission to address the eration. In 1987, he was honored as the San House for 1 minute and to revise and f Diego County Farmer of the Year. extend his remarks.) The SPEAKER pro tempore. Under a In December 1981, Bob Vice was elected Mr. SMITH of Michigan. Mr. Speak- previous order of the House, the gen- as the first vice president of the California er, I wanted to talk about the IRS, our tleman from New Jersey [Mr. SAXTON] Farm Bureau Federation at their annual meet- Tax Code, where we go from here, and is recognized for 5 minutes. ing in Palm Springs. As an officer and board some of the abuses. In my Somerset [Mr. SAXTON addressed the House. member of the State organization, he partici- congressional church in Somerset, MI, His remarks will appear hereafter in pated in many committee assignments and di- a member gave me his dun notice from the Extensions of Remarks.] rected the policy review procedures at the an- the IRS and I would like to share it f nual meetings. with my colleagues and, Mr. Speaker, The SPEAKER pro tempore. Under a In 1985±86, he participated as the agricul- with the American people. tural point person to deal with the Immigration previous order of the House, the gen- It says, ‘‘According to our records, tleman from Tennessee [Mr. FORD] is Reform and Control Act provisions in the na- you owe $49 on your income tax. Please tional legislation. He continues to be a national recognized for 5 minutes. pay the full amount, et cetera, by this [Mr. FORD addressed the House. His spokesperson for agricultural labor issues and date. If you have not paid, mail your has been called upon to testify before Con- remarks will appear hereafter in the check or money order. Tax withheld, Extensions of Remarks.] gress numerous times. zero; estimated tax payments, $6,347; In 1989, after serving 71¤2 years as first vice total payments or credits, $7,379.83; f president, Vice assumed the role of president total tax on return, $7,380.’’ That is all The SPEAKER pro tempore. Under a of the California Farm Bureau Federation and complicated. previous order of the House, the gentle- was re-elected four times to that two year po- Here is the line that makes the dif- woman from the District of Columbia sition. He served on the American Farm Bu- ference. ‘‘Your underpaid tax, 17 cents. [Ms. NORTON] is recognized for 5 min- reau Federal [AFBF] board of directors from You owe a penalty of $49.35.’’ utes. 1989±92. He was reelected to the AFBF board The postage stamp to send out this [Ms. NORTON addressed the House. in 1994 and continues to serve in that capac- dun notice is more than the 17 cents Her remarks will appear hereafter in ity. He was also named to the six member ex- that IRS said he owed on his taxes. I the Extensions of Remarks.] ecutive committee of that organization. He has served on many committees including chair- think it is another example of why we f man of the AFBF International Trade Advisory have to reform the IRS and get rid of it The SPEAKER pro tempore. Under a Committee. He has participated in agricultural as we know it. previous order of the House, the gen- trade delegations to Europe, Israel, Latin Mr. Speaker, I include for the tleman from Michigan [Mr. SMITH] is America, the Pacific Rim, South Africa and RECORD the following: recognized for 5 minutes. Australia. REQUEST FOR TAX PAYMENT [Mr. SMITH addressed the House. His Bob Vice has not only been active within According to our records, you owe $49.35 on remarks will appear hereafter in the Farm Bureau but as a leader for all of agri- your income tax. Please pay the full amount Extensions of Remarks.] by Sep. 15, 1997. If you’ve already paid your culture. Shortly after assuming the presidency, f he became the chairman of an agricultural co- tax in full or arranged for an installment alition to successfully fight the ill-conceived agreement, please disregard this notice. b 1700 If you haven’t paid, mail your check or ``Big Green'' initiative. His efforts further ele- money order and tear-off stub from the last BIPARTISAN CAMPAIGN vated him as a leader on the national agri- page of this notice. Make your check payable INTEGRITY ACT OF 1997 culture scene. to Internal Revenue Service and write your Bob Vice has been a visionary on behalf of Social Security number on it. If you can’t The SPEAKER pro tempore (Mr. CAL- the agriculture industry by his long range out- pay in full, please call us to discuss payment. LAHAN). Under a previous order of the H8980 CONGRESSIONAL RECORD — HOUSE October 22, 1997 House, the gentleman from Arkansas I believe the debate boils down to political action committees that could [Mr. HUTCHINSON] is recognized for 5 this: Are we going to have our national give anything they want, that they minutes. political parties controlled by the mul- could give $1 million to a candidate? I Mr. HUTCHINSON. Mr. Speaker, it is tinational corporations that give the think that is bad for the system. So my pleasure to come today to talk huge chunks of money, or are we going the proposals that say we need to take about a very important subject, and to be responsive to the grassroots of the limits off is not where the Amer- that is campaign finance reform. I the American population? That is how ican public is today. think a legitimate question at this simple this issue is, and that is how the We need true reform. We need to have point can be, where are we and where American public sees it. the bipartisan proposal that bans soft are we going in the House and Senate I believe conservatives need to unite money, the greatest abuse, that in- on campaign finance reform? behind this bill, the Bipartisan Cam- creases disclosures, empowers individ- We have seen the Senate try to ad- paign Integrity Act, because it builds uals and restricts the influence of the dress this issue. They brought up the confidence in the grassroots. It tells special interest groups. That is what McCain-Feingold bill. They came to a them that we are going to be serious our bill does. stalemate in the Senate, neither side about being responsive to them and re- I am grateful for the gentleman from winning, but simply could not get the forming our system and banning soft California, Chairman THOMAS, who has 60 votes necessary to move that issue money, returning control of our par- indicated that he will provide hearings forward. ties, of our Congress, to those people on this legislation, as well as others. I I believe that the issue now turns that have built this Nation. That is hope that he will schedule those imme- back to the House to see what are we what it is all about. diately, so that we can move forward going to do, what are we going to do In addition, it increases disclosure. with this important legislation before for the American public. I believe we We need to simply give the American we go home in November. have a tremendous opportunity now to people information on the campaigns, That is where we are. I ask my col- address the issue seriously, through who is spending what. So it provides leagues to support the Bipartisan Cam- our policy conference, through our for electronic disclosure for the can- paign Integrity Act. committees, and to make some con- didates, quicker information for them. structive suggestions and legislative In regards to issue advocacy groups, f enactments in regard to this important it is simply disclosure. It does not get The SPEAKER pro tempore. Under a issue. into the constitutional questions of previous order of the House, the gentle- We also have the opportunity to cre- some other billings, but simply pro- woman from Washington [Mrs. SMITH] ate some momentum, which this issue vides the disclosure of information as is recognized for 5 minutes. seriously needs. So I believe that we to who is spending what on the cam- [Mrs. SMITH of Washington, ad- have that opportunity, and I would paigns to influence those. So that is dressed the House. Her remarks will urge my colleagues in the House to get the essence of the Bipartisan Campaign appear hereafter in the Extensions of behind the effort to reform our cam- Integrity Act, and I believe it is very, Remarks.] paign finance laws. very important. One thing I hear all the time is we Where did all of this start? It started f first have to enforce the laws. I agree with the Republican President, Presi- The SPEAKER pro tempore. Under a 100 percent, the first obligation that we dent Teddy Roosevelt, who in 1905 ad- previous order of the House, the gentle- have is to enforce our current cam- dressed the Congress of the United woman from Florida [Ms. BROWN] is paign laws, and I am grateful for the States and said that all contributions recognized for 5 minutes. hearings that Senator THOMPSON is by corporations to any political com- [Ms. BROWN of Florida addressed the conducting on the Senate side and Con- mittee or for any political purpose House. Her remarks will appear here- gressman BURTON is handling on this should be forbidden by law. after in the Extensions of Remarks.] side, that are bringing out some seri- It started with a Republican Presi- ous abuses, some violations of the law, dent, who started campaign finance re- f and we have to continue digging in form. Later, the prohibition on union that area. contributions, labor union contribu- FAST TRACK TREATY But the American public fully under- tions to the political candidates, was AUTHORIZATION stands what the real problem is. It does enacted. not take a rocket scientist to figure So that is the basis upon our legisla- The SPEAKER pro tempore. Under a out that the problem is soft money. tion today that bans unions and cor- previous order of the House, the gen- That is what has led to the abuses of porations from giving directly to the tleman from Arizona [Mr. KOLBE] is the last campaign, and that is what political candidates. But yet we have recognized for 5 minutes. needs to be addressed during this legis- this loophole where they can give in Mr. KOLBE. Mr. Speaker, I rise lative cycle in regard to the reform multimillion-dollar chunks to the po- today to take this five minutes to that we need to do. litical parties that influences those begin what I hope will be a construc- So we have presented the Bipartisan elections they cannot give directly to. tive and important debate on the sub- Campaign Integrity Act of 1997 that I That is why it is a loophole of soft ject of fast track, a debate which I have introduced as H.R. 2183, that Con- money that we should address. think will certainly rank with among gressman TOM ALLEN from Maine, my Now there is a proposal that is out the most important debates that this Democrat counterpart, has cosponsored there that says we just need to deregu- Congress will undertake this year or along with me, along with 650 cospon- late it all, we need to let anybody con- next year, whenever we finally do actu- sors to this legislation, both Repub- tribute whatever they want to, and ally take this debate and cast a vote on licans and Democrats, both conserv- that is the best approach to campaign fast track. atives and liberals. finance reform. I recognize in beginning this discus- Why can we all agree upon this? Be- First of all, I believe that this would sion tonight, and this will only be the cause we narrowed it down to what is take us back to the dark ages. People beginning of a long discussion I think important. What we have to present remember the day when a candidate we need to have, that there are many now is what are the important ele- could receive anything he wanted and Members in this body who have come ments of reform in this bill. It in- lean however much he wants to get to the Congress of the United States cludes, first of all, a ban on soft money money. And, sure, the American public since the Congress last voted on any to the national political parties. will need it, but it is bad for the sys- kind of substantive trade issue, an What is soft money? It is the millions tem. It would be inappropriate to raise issue where the fast track was the es- of dollars generally in contribution the limits. sence of the debate. It also ranks as that come from the corporations and The proposal says we even take the one of the most unusual, some would the labor unions to our national politi- limits off of political action commit- say arcane, but certainly one of the cal parties. tees. Can you imagine the labor union most complex pieces of legislation that October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8981 we have in our panoply of legislative had fast track authority for the Presi- often managed-care organizations are tools. dent. forcing patients home just hours after It ranks as that because it very But let me just say in closing, Mr. a mastectomy. In fact, a study by the uniquely delegates to the President Speaker, that this is absolutely vital Connecticut Office of Health Care Ac- certain responsibilities that normally legislation. It is vital because I think cess proved that the average length of Congress would not delegate to the literally the economic future of this stay for breast cancer patients in Con- President. It gives up certain powers of country depends on having fast track. necticut is dramatically decreasing. its own in order to get trade legislation We must have fast track because we Most disturbing, it is decreasing faster enacted. must have trade, and trade is the en- for mastectomies than for other inpa- During the course of the next several gine of economic opportunity for the tient discharges. days and weeks, I hope that we can dis- future, for American workers, for This is really unacceptable. These cuss the importance of trade, how the American consumers, for American en- are real women, women who are under- fast track process works, why fast trepreneurs, for the security of the going traumatic surgery, who are then track is an essential element to getting United States. It depends on having sent home while they are still in pain, trade negotiations and trade agree- fast track authority. ments in place, why fast track does not groggy from the anesthesia and with f drainage tubes stitched to their skin. represent something that will damage The SPEAKER pro tempore. Under a workers and consumers in this coun- previous order of the House, the gentle- It is not every day that you come try, why, indeed, these trade agree- face-to-face with your own mortality woman from California [Ms. SANCHEZ] ments are essential, why it should be is recognized for 5 minutes. in a very profound way, as you do when considered constitutional, why we [Ms. SANCHEZ addressed the House. you face a cancer diagnosis. It is not should or should not consider it and Her remarks will appear hereafter in too much to ask for a mere two days in what elements of labor and environ- the Extensions of Remarks.] the hospital as you recover from this mental considerations should be in- kind of surgery. f cluded in any kind of fast track nego- The SPEAKER pro tempore. Under a Congress needs to act to stop this tiations, and, ultimately, how fast practice. That is why, along with Con- track and trade agreements can pro- previous order of the House, the gen- gresswoman MARGE ROUKEMA of New tect the U.S. health and safety stand- tleman from Florida [Mr. FOLEY] is Jersey and Congressman JOHN DINGELL ards. recognized for 5 minutes. of Michigan, I introduced the Breast But today let me just begin with a [Mr. FOLEY addressed the House. His Cancer Patient Protection Act. The little bit of background of where we remarks will appear hereafter in the bill would require insurance companies have come from to get to this position Extensions of Remarks.] today, where we now have a bill that f to cover 48-hour hospital stays for has been reported from the Committee women who undergo a mastectomy and BREAST CANCER AWARENESS a 24-hour stay for those undergoing a on Ways and Means, another bill in the MONTH other body that has been reported from lymph node dissection. The patient and the Senate Finance Committee, how we The SPEAKER pro tempore. Under a her doctor, not an insurance company, have gotten to this stage and why we previous order of the House, the gentle- can decide if a shorter stay is appro- are here today. woman from Connecticut [Ms. priate. Fast track is legislation that goes DELAURO] is recognized for 5 minutes. My home State of Connecticut and a back more than 20 years, about 25 Ms. DELAURO. Mr. Speaker, I would number of other States have passed years, to a time when we began to see like to say thank you to colleagues of legislation to give women a 48-hour that the complexity of trade negotia- mine who have joined this evening to hospital stay. However, 125 million tions required something that gave the speak out on the fight against breast Americans are covered by the Em- President the authority to negotiate cancer. ployee Retirement Income Security these kinds of agreements with other October is Breast Cancer Awareness Act, ERISA. These plans are exempt countries, and usually multiple num- Month. This is a time when we honor from State law, so we need to work to- bers of countries, as we have found in all of the women who are fighting this gether here in the Congress to pass the Uruguay round of GATT talks or deadly disease, we remember those who Federal legislation to ensure that the other multiple trade talks that pre- we love who have lost the fight, and we every woman is protected. ceded that. renew our commitment to trying to We decided we needed this kind of find a cure. This measure has wide bipartisan fast track authority because the com- It is time to take stock of where we support, 195 cosponsors, Democrats and plexity of the negotiation itself meant are in the fight against cancer. Are we Republicans. Congress has yet to act that at the end of the negotiation, we committing sufficient resources for on this important bill. Nor has it had to be able to submit something to biomedical research to find a cure? Do moved on another piece of legislation the Congress of the United States that women who have been diagnosed have that is so important to breast cancer would be voted yes or no. access to the care that they need in patients, and that is the Reconstruc- The reason for that is simply our order that they can heal properly? tive Breast Surgery Benefits Act, trading partners do not want to nego- I am very, very pleased that the ap- which was introduced by my friend and tiate with the United States if they do propriations committee that I sit on is colleague, the gentlewoman from Cali- not know at the end of that time there poised to increase funding for the Na- fornia, ANNA ESHOO. Congresswoman is going to be a yes or no vote. They tional Institutes of Health by at least ESHOO could not be with us here to- want to know with certainty that the $700 million so researchers can con- night, and I will include her remarks agreement they reach is the agreement tinue their quest for the causes of this for the record. that will be voted on. That is why we disease and find an effective treatment Americans understand the need for gave fast track authority to the Presi- that will, at longlast, give us the cure this legislation. In fact, through the dent of the United States, and it has that we have been looking for. breast cancer care petition, which is an worked for every President since 1974, Also the Department of Defense, on-line petition drive which we have Republican and Democrat. along with NASA, is putting state-of- initiated, thousands of Americans are This is the first time that we have the-art technology to use in improved speaking out and calling for hearings been, for several years now, without mammograms to increase the rate of on these bills. trade negotiating authority for a Presi- earlier detection, which is clearly a dent. The results tell. During the key. b 1715 course of the next several times that I Unfortunately, all too often the an- will speak on this floor on this subject, swer to the second question, do women Not only can they sign a letter, but I will outline some of the problems have access to the care that they need, they can leave their own stories of that we now have, because we have not is a resounding no. More and more their own experiences about breast H8982 CONGRESSIONAL RECORD — HOUSE October 22, 1997 cancer. Over 6,000 people have signed Surgery Benefits Act. This legislation says that Ms. JACKSON-LEE of Texas, Mr. Speaker, this petition. Hundreds of women and insurance companies that cover mastectomies I rise tonight to speak about an issue of vital men, survivors and their families, have must also cover reconstructive breast surgery importance to the women of this NationÐ left very moving stories that are more resulting from mastectomies, including surgery breast cancer. As a woman and a mother, I eloquent than anything that I could to establish symmetry between breasts. Com- feel that there are few issues as important to say. panies can't deny coverage for reconstructive women's health as the breast cancer epidemic Just a quick example that has been surgery by claiming it's cosmetic surgery. facing our Nation. Therefore, I add my voice to posted on the petition, from a Ne- At the same time, H.R. 164 doesn't force supporting the DeLauro legislation on breast braska resident. I quote: women to have the surgery and it allows com- cancer. As the director of a breast cancer screen- panies to impose reasonable charges for pro- As you may know, breast cancer is the most ing program, I have felt close to the medi- viding the benefit. commonly diagnosed cancer in American cally underserved women who are our clients Even though this initiative has won broad bi- women today. An estimated 2.6 million women as they daily struggle with the painful partisan support, no hearings have been held choice of taking care of their own good in the United States are living with breast can- health and buying cereal for their kids. on it. Nor have hearings been held on a relat- cer. Currently, there are 1.8 million women in There are real tears being shed by real ed piece of bipartisan legislation, H.R. 135, this country who have been diagnosed with women every day. They are your neighbors, which would stop the shameful practice of breast cancer and 1 million more who do not your colleagues, your kids’ teachers, the drive-through mastectomies. yet know that they have the disease. It was clerk at the grocery store. Breast cancer sur- That's why I welcome the online breast can- estimated that in 1996, 184,300 new cases of vivors have enough to deal with. Do the cer care petition drive which was launched last breast cancer would be diagnosed and 44,300 right thing, pass this legislation, and help month to call for hearings on both breast can- women would die from the disease. Breast make the tears fewer for those who will fol- cer bills. low us until a cure is found. cancer costs this country more than $6 billion Located on the Web at breastcare.shn.com, each year in medical expenses and lost pro- One New York resident simply wrote, the petition gives breast cancer patients and ductivity. ‘‘During the most devastating time in those who care about them a chance to log These statistics are powerful indeed, but my life I should not have to fight with on, learn, and leave their names in support of they cannot possibly capture the heartbreak of the insurance company.’’ congressional action. The petition will run this disease which impacts not only the We all pray for the day when we find through the end of this month. women who are diagnosed, but their hus- a cure for cancer. Until then, we must Nearly 6,000 people from across the country bands, children, and families. ensure that those suffering from this have signed the petition so far. Sadly, the death rate from breast cancer disease get the care they need and the In addition to collecting signatures, the site has not been reduced in more than 50 years. care they deserve. I call on the Con- allows people to leave personal stories about One out of four women with breast cancer gress to pass the Breast Cancer Patient their experiences with breast cancer. Hun- dies within the first 5 years; 40 percent die Protection Act. dreds of people have done so, and anyone Mr. Speaker, I include for the within 10 years of diagnosis. Furthermore, the reading them can't help but be moved. incidence of breast cancer among American RECORD the statement by the gentle- At the end of the drive, the petition will be women is rising each year. One out of eight woman from California, Ms. ANNA delivered in hard copy to the appropriate com- women in the United States will develop ESHOO, on this legislation. mittee and subcommittee chairmen to dem- The statement referred to is as fol- breast cancer in her lifetimeÐa risk that was onstrate that these bills have broad support 1 in 14 in 1960. For women ages 30 to 34, the lows: and deserve hearings. f incidence rate tripled between 1973 and 1987; In closing, I want to read to you just two of the rate quadrupled for women ages 35 to 39 BREAST CANCER LEGISLATION the comments that have been left at the peti- during the same period. tion site. The people who have left them I am particularly concerned about studies Ms. ESHOO. Mr. Speaker, first, I thank my speak far more eloquently about this issue colleague Rep. ROSA DELAURO for organizing which have found that African-American than I ever could. women are twice as likely as white women to this special order during National Breast Can- One woman wrote: cer Awareness Month and for her unwavering have their breast cancer diagnosed at a later On January 17, 1997, I learned that my stage, after it has already spread to the lymph advocacy on behalf of breast cancer patients. mother, the woman I thought was a breast Breast cancer touches the lives of thou- cancer survivor and success story, had devel- nodes. One study by the Agency for Health sands of American women, their families, and oped recurrent breast cancer. On February 4, Care Policy and Research found that African- their friends every year, forcing them to 1997, my mother was dead. My family has American women were significantly more likely confront both death and disfigurement. Over been devastated by the loss. I have accom- than white women to have never had a mam- 180,000 American women are diagnosed with plished some of the dreams she and I shared mogram or to have had no mammogram in breast cancer annually and 44,000 of them die together, but cannot tell her. I was finally the 3-year period before development of from the disease. Another 85,000 American able to return to live near her, but she’s no symptoms or diagnosis. Mammography was longer there . . . I thank you for providing protective against later stage diagnosis in women have mastectomies as part of their me with this opportunity to let those in gov- treatment each year, 25,000 of whom choose ernment know how important it is to provide white women, but not in black women. to have reconstructive breast surgery because women with adequate and acceptable care We have made progress in the past few of the tremendous damage that mastectomy for this devastating disease. years by bringing this issue to the Nation's at- does to a woman's body. On October 5, a woman left this message: tention. Events such as this October's Breast Fear of losing a breast is one of the main I was diagnosed with breast cancer 48 hours Cancer Awareness Month, are crucial to sus- reasons many women do not have preventive ago. I must have more surgery in 24 hours. I taining this attention. There is, however, more examinations for breast cancerÐmany don't am terrified. I don’t want to die. My grand- to be done. know about the possibility of reconstructive mother, my mother, and my mother’s sister It is clear that more research and testing surgery. all had breast cancer. I am 53. I have a beau- needs to be done in this area. We also need Unfortunately, many insurance companies tiful 26-year-old daughter. I want her never to increase education and outreach efforts to don't recognize the importance of breast re- to suffer with this. reach those women who are not getting mam- construction. A recent survey shows that 84 Providing coverage for reconstructive breast mograms and physical exams. percent of plastic surgeons had up to 10 pa- surgery and stopping drive-through We cannot allow these negative trends in tients denied coverage for reconstruction of an mastectomies are two important issues related women's health to continue. We owe it to our amputated breast. to breast cancer. Until there's a cure for the daughters, sisters, mothers, and grandmothers The unwillingness of some insurance com- disease, we must ensure that women are to do more. Money for research must be in- panies to pay for reconstructive breast surgery given the best care possible to cope with creased and must focus on the detection, following a mastectomy defies all sense of breast cancer and its treatment. treatment, and prevention of this devastating reason and compassion. Reconstructive sur- Mr. Speaker, I encourage people to visit the disease. gery in these cases is not cosmeticÐit's part petition site, breastcare.shn.com, and read Mrs. ROUKEMA. Mr. Speaker, I take this of the continuum of case necessary for the these personal stories. They all have one sim- opportunity during Breast Cancer Awareness complete recovery of patients. ple underlying theme: it's time for Congress to Month to ask my colleagues' support for H.R. On the first day of the 105th Congress, I in- stop delaying and start acting on these impor- 135, the Breast Cancer Patient Protection Act troduced H.R. 164, the Reconstructive Breast tant pieces of legislation. of 1997. This legislation would require health October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8983 insurance companies to pay for at least a 48- mastectomy patients that are denied coverage ber, and the other when I was 18. It was dev- hour hospital stay for women who undergo a for breast reconstruction each year. astating for everyone and we are convinced mastectomy. Breast cancer is a serious problem facing that it was the love of family and friends I find it unbelievable that some HMO's are every woman in the United States today. I be- that helped one friend fight 10 years with this disease. Coming from a family in which sending women home the same day after hav- lieve that breast cancer deserves more atten- no woman has ever developed breast cancer, ing a mastectomy. This is not just a matter of tion and that is why I am a cosponsor of both the pop culture leads me to believe that I am postsurgical complications, possible infection, of these bills. Breast cancer is not going to go not at risk. Only through doing research on and other medical issues. This is one of the away and we must, in any way that we can, my own have I learned that every woman is most anguish-filled, emotionally trying crises a protect our women from the dangers of it. at risk regardless of age, family history, or woman can ever face. To perform a mastec- Mrs. MALONEY of New York. Mr. Speaker, geographical location. This is a silent killer that must be stopped. Our world desperately tomy and then turn the patient out the door it is my pleasure to join my colleagues, ROSA needs its mothers, sister, aunts and friends. shows callous indifference to the dignity of all DELAURO, ANNA ESHOO, and others tonight to I was not in any high risk group for devel- women. salute October as Breast Cancer Awareness oping breast cancer. Yet I was diagnosed Sometimes it seems that HMO's are making Month. with breast cancer in November 1996. I was a concentrated attack on the health concerns We know, all too well, the devastating facts: shocked and it is still very hard for me to ac- of women. First they were trying to discharge With nearly 200,000 cases of breast cancer cept this diagnosis. I opted for a mastectomy new mothers 12 hours after giving birth. Now diagnosed last year, breast cancer is the most with reconstruction. I am still in the process we have outpatientÐdrive-throughÐ common cancer among women. of reconstructive surgery. I also underwent seven months of chemotherapy. mastectomies. What will come next? I will not I was pleased earlier this year, Congress settle for third-world standards for health care enacted, as part of its balanced budget, my bi- We need to make sure mastectomies and for women in this country and neither will the partisan bill, the Breast Cancer Early Detec- reconstructive surgery are safe, and covered. I thank my colleagues for organizing this 184,000 women who contract breast cancer tion Act, to allow for annual mammograms for special order, and I salute the women who are each year. This is not legitimate cost-saving. Medicare women. By including my bipartisan bill, this budget facing these issues every day. This is cold, callous rationing of care. You are our inspiration, and we will continue Some HMO's say outpatient mastectomies agreement makes a wise investment that will fighting for you. are not mandatoryÐthat the doctor and pa- save women's lives. But there is more that needs to be done. Mr. DINGELL. Mr. Speaker, I am pleased tient can decide how long to stay in the hos- today to join with my colleague from Connecti- pital. I would like to believe that it is true. But Once breast cancer is diagnosed, some- times it is too late. cut [Ms. DELAURO], to urge our colleagues to we have already seen physicians being co- cosponsor the Breast Cancer Patient Protec- erced into providing lower levels of care when But sometimes, when treatment is available, a woman can undergo a mastectomy which tion Act of 1997. This legislation seeks to en- HMO's think they are spending too much sure that women and doctorsÐnot insurance money. HMO's are often in a position to put a may save her life. Unfortunately, very often, we've seen company bureaucratsÐdecide how long a doctor out of business overnight by taking his women who have been forced to leave the woman who has a mastectomy should remain or her patients away. I do not accept the ra- hospital with drainage tubes still attached. And in the hospital. tionalizations of the HMO's. Clearly, they need just like the drive-thru delivery bill, a national For any woman, learning that she has regulatory direction. breast cancer is one of her most frightening With 184,000 new cases each year, breast outcry forced us to look at the safety of women who were sent home hours after a experiences. Learning she must have a mas- cancer is the most common form of cancer af- tectomy, a surgical procedure that will alter flicting American women. My home State of radical mastectomy. I am proud to be an original cosponsor of her body and her life, can be devastating. New Jersey has the fourth-highest number of H.R. 135, the Breast Cancer Patient Protec- For an insurance company to dictate to a breast cancer cases in the Nation and the tion Act. woman, facing one of life's greatest challenge, third-highest number of deaths from breast This bill will eliminate these so-called drive- that she must leave the hospital whether she cancer. Those statistics make the seriousness through mastectomies by requiring insurance is ready or not, is the ultimate insult. and scope of this tragic disease absolutely companies to provide at least 48 hours of in- Late last year, I came to a more precise un- clear. Someday, we may find a cure. But in patient hospital care following a mastectomy derstanding of the trauma a woman faces the meantime, we must do everything possible and a minimum of 24 hours following a lymph when she learns she must have a mastec- to ensure that women who contract breast node dissection for the treatment of breast tomy. A member of my staff in Michigan, cancer receive proper medical treatmentÐand cancer. Connie Shorter, practically awoke 1 day to the that proper care is placed ahead of insurance I am also proud to be a cosponsor of H.R. stunning and agonizing reality that she had companies' bottom line. Please support the 164, the Reconstructive Breast Surgery Bene- cancer. As if physical and psychological pain Breast Cancer Patient Protection Act of 1997. fits Act, introduced by Representative ANNA of the disease were not already too much to Mr. FROST. Mr. Speaker, I am pleased to ESHOO. cope with, soon Connie would discover the rise in recognition of the month of October as This bill would require health insurance pain of a process which neither she nor her Breast Cancer Awareness Month. This year companies to cover reconstructive breast sur- doctor could control. alone, 180,000 women in this country will be gery if they already pay for mastectomies. Earlier this year, Ms. Shorter was asked to diagnosed with breast cancer. Although there I am pleased to stand with my colleagues in the White House to join with First Lady Hillary is no cure, the best way known to prevent support of the one out of every eight women Rodham Clinton in relating the difficulties as- breast cancer is through early diagnosis and who will get breast cancer in her lifetime. sociated with drive-thru mastectomies. There treatment. Right now, thousands of women are signing are no words better than Connie's own as she Two bills have been introduced to combat an electronic petition. The online petition drive told her story to the First Lady: breast cancer. House Resolution 135, the will enable breast cancer patients to become What makes this awful situation worse is Breast Cancer Patient Protection Act, guaran- activists on behalf of the legislation that would that I was discharged eight hours after two tees that women who must undergo surgery provide them with the kind of health care they major surgeries. I was appalled to learn that for the treatment of breast cancer get the hos- this is routine, and I learned very quickly deserve. why. Being sent home only a few hours after pital stay they need and deserve. This legisla- Many have shared their personal stories. tion requires a woman to receive a minimum surgery was not because of my medical con- One New York woman wrote: dition or because of my doctor’s specific rec- hospital stay of 48 hours for a mastectomy, On August 25, 1997 a lumpectomy showed ommendation. and 24 hours for a lymph node removal. This that indeed, I did have breast cancer. An ax- Coming home was not easy. From the mo- will enable women and doctors to determine illary lymph node dissection showed that the ment a woman walks in the hospital door in how long they need to stay in the hospital and cancer has traveled to my blood stream. I am the morning for her unwanted mastectomy, not the insurance companies. 34 years old. I am undergoing chemotherapy, until she is wheeled out that afternoon, she The other bill is House Resolution 164, the and will also to have radiation. It is abso- feels she has been through one of the world’s Breast Surgery Benefits Act, which targets in- lutely necessary for you in government to most painful physical and psychological wars, a very personal loss and incredible surance coverage for breast reconstruction. It help women all across the country and to take this disease seriously. We depend on our physical battle * * * after my experience, I requires group and individual health insurance government to protect us, even when a dev- could not feel more strongly that a woman plans to provide coverage for reconstructive astating illness has befallen us. and her doctor are the only two people who breast surgery if they provide coverage for My mother’s two best friends died of breast should decide when she should leave the hos- mastectomies. This bill will protect many of the cancer, one when I was too young to remem- pital after surgery. H8984 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Every medical specialty organization in this tleman from Washington [Mr. Cancer Center in Nashville, TN. She is country challenges the right of insurance com- METCALF] is recognized for 5 minutes. very outspoken on this particular panies to interfere in the decision of what [Mr. METCALF addressed the House. issue; and also my aunt, who is a State treatment is medically necessary or appro- His remarks will appear hearafter in senator, or a former State senator now, priate for a patient. Whether that patient is a the Extensions of Remarks.] from the State of Tennessee, Annabelle young woman giving birth to a baby, or having f Clement O’Brien. She passed some surgery to treat breast cancer, the insurer has major legislation in the Tennessee no right to be in the middle, between the pa- RECOGNIZING OCTOBER AS General Assembly several years ago, tient and the doctor. And in no case should a BREAST CANCER AWARENESS and was just honored, alongside Dr. patent be sent home less than 24 hours after MONTH Benjamin Byrd. Both of them were a mastectomy so that an insurance company The SPEAKER pro tempore. Under a honored at Vanderbilt University, and or hospital can save money. previous order of the House, the gen- I congratulate them. Representative DELAURO and I, along with tleman from Tennessee [Mr. CLEMENT] If all of us will work together, we can many other Members, placed this issue on the is recognized for 5 minutes. accomplish great things. Mr. CLEMENT. Mr. Speaker, I rise table at the end of the last session because f we wanted every Member of this body to think on this special occasion, recognizing about this matter before the convening of the October as Breast Cancer Awareness THE CITIZENSHIP REFORM ACT OF 105th Congress. We spent several months re- Month. 1997 searching the best, most effective way to ac- Mr. Speaker, breast cancer is the complish the goals we laid out last year. This most common form of cancer affecting The SPEAKER pro tempore. Under a legislation is consistent with the Kennedy- women in the United States, with one previous order of the House, the gen- Kassebaum health insurance reform bill and out of eight women developing this dis- tleman from California [Mr. BILBRAY] with the MOMS bill passed last Congress, pro- ease in her lifetime. It affects mothers, is recognized for 5 minutes. viding 48-hour maternity stays. daughters, wives, and sisters. Both its Mr. BILBRAY. Mr. Speaker, I rise H.R. 135 goes where many angels have cause and the means for its cure re- today to address the Citizenship Re- feared to tread, into the hallowed halls of a main undiscovered. form Act of 1997. The Citizenship Re- well-heeled industry that is trying to make In honor of October as Breast Cancer form Act of 1997 amends the Immigra- cost, rather than care, the driving principle of Awareness Month, I am pleased to lend tion and Naturalization Act to deny our health care system. This legislation just my support for the initiatives of this automatic citizenship to children born says ``no.'' It says to anyone who is not the Congress to not only work toward in the United States who were not born patient or the patient's doctor: ``No, you may eradicating this dreaded disease, but to by parents who are legal resident not dictate when a patient must leave the hos- ensure that women receive the proper aliens or permanent residents, or U.S. pital.'' treatment they deserve. citizens. Mr. Speaker, I am very happy to report that I would like to take this opportunity Now, Members may say there are not almost a year after her surgery, Connie Short- to call attention to the Internet peti- that many people out there who are er is a breast cancer survivor, and remains a tion. This petition gives constituents born to citizens of tourists or illegal vital and effective member of my senior staff. across the Nation a chance to voice aliens, and it is not that big a deal. Mr. More important, she remains a loving, caring their support for the initiatives by the Speaker, let me clarify that this has and giving spouse, mother, and grandmother, gentlewoman from California [Ms. become a big deal. In California alone, and we all expect her to continue in all these ESHOO] and the gentlewoman from Con- we have addressed this issue and seen roles for a very long time. necticut [Ms. DELAURO] to stop insur- this issue grow. Over 250,000 children of As Connie's story reveals, the devastation ance companies from forcing women to illegal aliens are now qualified in the of breast cancer is too great to allow Con- have drive-through mastectomies, and county, in one county, of Los Angeles, gress to ignore the risks of inadequate medi- denying women coverage for recon- over 250,000 qualify for benefits such as cal care. The difficulties, both physical and structive breast surgery following Medicare, AFDC, WIC, and SSI. In fact, psychological, associated with mastectomy are mastectomies. two-thirds of the births in Los Angeles too complex. This legislation seeks to ensure As a cosponsor of both of these bills, County, Mr. Speaker, in the public hos- that insurance snafus and mindless refusals I am pleased to support this legisla- pitals of Los Angeles County, are to do not make these difficult situations impos- tion, which would provide much needed parents who are illegal aliens. sible. improvements in coverage for breast The fact is that the cost to the State Today, H.R. 135 has almost 200 cospon- cancer treatment. of California alone is $500 million for sors from both sides of the aisle. In addition, A young lady from my State of Ten- providing welfare and health benefits a nationwide campaign on the Interned has nessee who lost her mother to breast to the children of illegal aliens. Forty begun to push us to give this bill and other cancer a year ago signed the petition percent of all births in the State of crease cancer legislation the hearings they de- earlier this week. She also added, ‘‘Not California are children of illegal aliens. serve. I urge my colleagues who have not al- only do we need to stand up for the These costs are not just borne by the ready cosponsored this legislation to do so above initiatives, but we need to stand people of California, they are borne by now, and express the hope that Congress will up for better treatment and cures for everyone. I think it is an issue that we listen to respond to the women of America this deadly disease.’’ now have a responsibility to address. who seek better and more reliable treatment Yes, Mr. Speaker, we do need to The fact is we have created a loophole for breast cancer. stand up for better treatment and and created a benefit for people who f cures for this deadly disease. I encour- break our laws. age the House of Representatives to I do not fault the mothers who come GENERAL LEAVE hold hearings on these two bills in an to the United States so their children Ms. DELAURO. Mr. Speaker, I ask effort to see that this legislation is can get automatic citizenship and get unanimous consent that all Members passed into law. all these benefits. I do not fault them may have 5 legislative days within Like many of us down here on the at all. They are only doing what is which to revise and extend their re- floor tonight, I am dedicated to ex- legal for them. Who I fault is Congress marks on the subject of my special panding the Federal commitment to in Washington, DC, for having this order today. eradicating breast cancer through in- huge loophole, this great encourage- The SPEAKER pro tempore (Mr. creased outreach and education pro- ment for people to immigrate illegally. BRADY). Is there objection to the re- grams, as well as through regulation Just in Texas there has recently been quest of the gentlewoman from Con- and provision of treatment. Let us a report coming out showing that birth necticut? work together to find a cure for this certificates are being sold to Mexican There was no objection. dread disease. nationals for children that were never f Mr. Speaker, I also want to brag on even born in the United States. In fact, The SPEAKER pro tempore. Under a my wife, too, Mary Clement, because one midwife has sold over 3,800 phony previous order of the House, the gen- she is on the board at the Vanderbilt birth certificates so children could October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8985 then qualify for welfare benefits and The SPEAKER pro tempore. Under a from California [Ms. ESHOO] have also Social Security benefits. previous order of the House, the gen- worked to establish a site on the World In fact, it is estimated that in one tleman from Georgia [Mr. LEWIS] is Wide Web that allows visitors to learn sting operation alone where there were recognized for 5 minutes. more about breast cancer, read and 89 people arrested, over $400,000 of al- [Mr. LEWIS of Georgia addressed the submit personal encounters with the leged fraud was committed under the House. His remarks will appear here- disease, and build support for many of guise of utilizing the automatic citi- after in the Extensions of Remarks.] the legislative initiatives that seek to zenship clause through phony certifi- f improve conditions for breast cancer cates. The granting of automatic citi- patients. zenship to children born in the United JOIN THE FIGHT AGAINST BREAST As I read through some of the per- States has led to this kind of fraud. Re- CANCER sonal stories posted on that Internet gardless of the parents’ status, we are The SPEAKER pro tempore. Under a site, I noticed a number of individuals rewarding people for violating our previous order of the House, the gen- who had written from my home State laws. tleman from Massachusetts [Mr. of Massachusetts, and I would like to We are talking about fairness here, MCGOVERN] is recognized for 5 minutes. share a couple of those stories. too, Mr. Speaker, because how many Mr. MCGOVERN. Mr. Speaker, breast Lynn DeCristofaro of Massachusetts people are waiting out there, 3,500,000, cancer is currently the second leading wrote, and I quote: ‘‘I am only 16 years to immigrate legally? How many chil- cause of cancer deaths among Amer- old, and I had to watch my 24-year-old dren are born to these 3,500,000 people ican women. One woman in eight will sister die from breast cancer. I watched who are playing by the rules? Do we develop breast cancer during her life- her come home after a mastectomy give them automatic citizenship? No. time. In 1996 alone, an estimated 44,000 when it was obvious that she should be We tell them, like we should be telling women died from this terrible disease. in the hospital.’’ the children of illegal aliens, you have While these statistics are sobering Mrs. R. Russell of Massachusetts indeed, there is hope. If breast cancer the right to apply for citizenship like wrote: ‘‘I am a breast cancer survivor is detected early, the probability that a anyone else, but we are not going to who is doing very well. However, I woman can survive is greater than 90 give you automatic citizenship. never know if the day will come that I I think it is quite unfair that we tell percent. Certainly, we must do every- have a reoccurrence. I think a recur- one group of people that your children thing in our power to identify the signs rence is enough to worry about, with- get automatic citizenship because you of breast cancer early, treat the symp- out additional concern that my insur- broke the law and then tell another toms aggressively, and make continued ance company may not adequately group of people, 3,500,000, that you will medical attention affordable and acces- cover my care.’’ not get this privilege because you did sible. As we celebrate Breast Cancer Christopher Carron of Massachusetts not break the law. Fairness tells us we Awareness Month, we in Congress wrote: ‘‘Two years ago my mother was need to take care of this problem. should recognize the obligation that we diagnosed with breast cancer. She im- Thousands of legal immigrants are share in the national battle against mediately had a mastectomy and re- waiting, and many, many thousands of this terrible illness. constructive surgery. Luckily, she illegal aliens are getting rewarded. I am a cosponsor of several impor- There may be those who say that tant pieces of legislation that seek to lives in Connecticut, where minimum H.R. 7 is unconstitutional. Mr. Speak- establish high standards for quality stays in the hospital are required by er, the Supreme Court has never ruled and affordable medical treatment of law, and her health insurance company on the issue of illegal aliens getting breast cancer, including H.R. 164 and was flexible in the amount of time she automatic citizenship for their chil- H.R. 135, which my colleagues, the gen- spent in the hospital. dren. They have ruled on legal aliens, tlewoman from California, Ms. ANNA ‘‘I now realize that my mom’s care and they have said that because legal ESHOO, and the gentlewoman from Con- was the exception, not the rule. Please aliens were allowed in this country and necticut, Ms. ROSA DELAURO, intro- end the inhumane treatment of our Na- agreed to come to this country, they duced earlier this year. Both of these tion’s mothers, daughters, sisters, have the burdens of loyalty and obliga- measures would give breast cancer pa- grandmothers, and granddaughters, tions of service in the draft. With that tients who undergo mastectomies the and vote for H.R. 135 and H.R. 164. obligation comes the inheritance for health care coverage they need to fully These women need to be treated with their children of automatic citizenship. recuperate from their illness. dignity and more than ample health Illegal aliens do not have that obliga- When I meet the women throughout care. My mom is now a 2-year cancer tion, and thus cannot pass on a citizen- my district in Massachusetts, I hear survivor and is fighting for herself and ship right to their children as legal im- how concerned they are that their the rights of millions of other women migrants can and U.S. citizens. health insurance will not adequately who have faced this horrible battle. Mr. Speaker, the status of H.R. 7 is provide for them if they are one day di- Thank you,’’ he wrote. we have 51 bipartisan sponsors. The agnosed with breast cancer. Mr. Speaker, after hearing the sto- hearing was held on June 25. We are Back in January, the Massachusetts ries of these individuals and countless looking forward to a markup in early Breast Cancer Coalition wrote me to others like them, I do not see how any November, and frankly, I would en- ask that I cosponsor the legislation of Member of this body could say that courage every citizen in the United the gentlewoman from Connecticut current law is doing an adequate job of States and every legal resident to con- [Ms. DELAURO], which requires a 48- addressing the health needs of breast tact their Congressman and ask them hour minimum hospital stay for pa- cancer patients in America. tients undergoing mastectomies, and a to join in the Immigration Reform Act 24-hour stay for lymph node removal of 1997, and bring some logic and some b 1730 for the treatment of breast cancer. fairness back into our immigration Under the legislation drafted by my Doctors in this country are spending policy. colleague from Connecticut, physicians far too much time fighting with insur- Let us start rewarding people for and patients, not insurance companies, ance companies to get permission to playing by the rules and stop punishing determine whether or not a shorter give their patients the treatment they them for obeying the laws. hospital stay is warranted. I strongly need. Physicians who treat women suf- f agree with their sentiment, that deci- fering from breast cancer should never The SPEAKER pro tempore. Under a sions about hospital stays following be put in that position. previous order of the House, the gen- these painful and psychologically dis- Our legislation will allow doctors to tleman from North Carolina [Mr. tressing surgeries should be between make decisions based on the health and PRICE] is recognized for 5 minutes. the health care provider and the pa- long-term well-being of their patients [Mr. PRICE of North Carolina ad- tient. I was proud to become a cospon- and not the bottom line. Clearly we in dressed the House. His remarks will ap- sor of that legislation. Congress must do more to ensure that pear hereafter in the Extensions of Re- The gentlewoman from Connecticut women suffering from this dreaded dis- marks.] [Ms. DELAURO] and the gentlewoman ease have access to quality, affordable, H8986 CONGRESSIONAL RECORD — HOUSE October 22, 1997 and complete health care coverage that come a legal authorization for further academic researchers, concerned citi- they need and they deserve. killing would be a tragedy. In addition, zens, to attack and find rapid and Mr. Speaker, I urge my colleagues to staff members of other IWC delegations workable solutions to this predica- become cosponsors of H.R. 135 and H.R. have indicated resentment at the tre- ment. 164 and to reassert our commitment to mendous pressure the U.S. delegation Mr. Speaker, now is the time to find protecting the health of American is putting on other nations to support additional funds for Dr. Burkholder, women. this fraud. one of the leading researchers in the f However, this pressure may not be area, as well as other scientists and re- changing votes. Observers today have searchers like her, in order to answer CONGRESS SHOULD OPPOSE informed me that the United States is the remaining questions concerning INCREASES IN WHALING now attempting to set an even more the effects of Pfiesteria on humans, The SPEAKER pro tempore. Under a dangerous precedent of lobbying to in- animals, and watersheds. previous order of the House, the gen- crease the Russian gray whale quota. The waters of North Carolina have tleman from Washington [Mr. This new tactic would allow, this certainly felt the effects of the METCALF] is recognized for 5 minutes. under-the-table deal would allow the Pfiesteria outbreak, especially in the Mr. METCALF. Mr. Speaker, for the Russians to give the Makah five whales Neuse River, the Tar River, the last 3 days I have been in Monaco at at no loss to themselves. More impor- Pamlico River, as well as the entire Al- my own expense to try to prevent the tantly, this backroom style deal would bemarle-Pamlico Estuary, parts of renewal of whaling in the continental not require a vote of the IWC. In other which are in my congressional district. United States. words, when they ran into trouble they There have been more than 1 million From the beginning of this debate are trying to go around the system. fish killed in our State and many re- over whether the Makah Indian Tribe A new whale hunt could then occur ports of human health problems. Given in Washington State should be allowed without IWC authorization. This is the adverse impact of such significant to resume the practice of hunting dangerous and dishonorable, Mr. fish kills upon my district, North Caro- whales after a 70-year cessation, I have Speaker. Frankly the tactics of this lina, and the mid-Atlantic, we need to maintained what is being described as administration have been an embar- seek solutions through aggressive re- ‘‘aboriginal subsistence whaling’’ is not rassment. They depicted the 43 Mem- search. that at all. It will in fact lead to a bers of Congress who signed the letter Mr. Speaker, we face a very serious tragic resumption of commercial whal- that I took there that oppose the threat that must be addressed imme- ing and a geometric increase in the Makah as the only opponents in Con- diately. We should not rush to judg- number of whales killed worldwide. gress. ment, however. Scientific inquiries are Without now addressing whether the Mr. Speaker, does anyone really be- ongoing, but we should not waste time. Makah Tribe itself is motivated by the lieve that 389 Members of this House Further research and testing should be $1 million value of a gray whale in support the killing of whales in the undertaken at once. It is my hope that Japan, other powerful evidence exists continental United States? When funding for critically needed research that indicates that we are on the pressed, the U.S. delegation could only and testing will come as a result of re- threshold of a dramatic increase in name two Members of Congress who cent hearings in the Committee on Re- whaling. The official U.S. delegation to support the Makah hunt. sources and the Committee on Govern- the IWC has been asking for a change Mr. Speaker, they are not represent- ment Reform and Oversight. in the definition of aboriginal subsist- ing the best interests of our Nation or Only through funding will come op- ence whaling, the only type of whaling the sentiments of the vast majority of portunities for a solution. Addition- now legal under the International our people. It is now time for Congress ally, several of my mid-Atlantic col- Whaling Commission, which the United to speak in a large, loud, bipartisan leagues and I introduced H.R. 2565 on States has ratified. voice in condemnation of this blatant September 26, 1997, the Pfiesteria Re- In their shortsighted attempt to le- attempt at the expansion of commer- search Act of 1997. This bill appro- galize the intentions of the Makah cial whaling. The vote will be tomor- priates a minimum of $5.8 million in Tribe, the United States is asking the row, and this is a critical issue. fiscal year 1998 and 1999 for the estab- other nations at the IWC to expand the f lishment of a research and grant pro- definition of subsistence whaling to gram for Pfiesteria through EPA, ADDITIONAL FUNDS FOR RE- permit cultural issues to be addressed. USDA, and HHS. Why? Currently aboriginal whaling is SEARCH NECESSARY TO SOLVE All North Carolinians and others who solely for the physical nutrition of the PFIESTERIA PROBLEM live, work, and play in the affected wa- tribe in question. In other words, they The SPEAKER pro tempore. Under a ters look forward to successful results need the food. It is obvious the Makah previous order of the House, the gentle- of this research, and that is because do not need to eat whales to survive. woman from North Carolina [Mrs. many of their lives and their livelihood What is the problem with expanding CLAYTON] is recognized for 5 minutes. depend upon it. the definition into the cultural realm? Mrs. CLAYTON. Mr. Speaker, f There are villages and people all over Pfiesteria has plagued North Carolina the world who have a cultural history for many years and experts now think TRIBUTE TO MAJOR GENERAL of whaling but who do not now qualify that this organism was first observed FRANK WORTH ELLIOTT under the current definition of subsist- in our waters almost 20 years ago in The SPEAKER pro tempore. Under a ence. 1978. previous order of the House, the gen- Saturday at the IWC hearings, the While the Old North State has made tleman from Illinois [Mr. EWING] is rec- Japanese repeatedly asked the United multiple efforts to address this pes- ognized for 5 minutes. States delegation: What is the dif- tilence through estuary studies, non- Mr. EWING. Mr. Speaker, I come ference between the Makah request and discharge rules, phosphate bans, rapid here tonight saddened with the respon- the desire of four villages on the Taiji resource teams, nitrogen load reduc- sibility of informing this House of the Peninsula to resume whaling? It is ob- tion, nutrient limit reductions, source loss of a great American, a man who vious the Japanese are going to use wetland restoration programs, and a 2- served his country for many years, a this loophole that our own delegation year moratorium on new and expand- man who reached the rank of Major is attempting to create to increase ing swine farms, Pfiesteria is an enig- General in the Air Force, a citizen of their commercial harvest of the ma for us all as it has been found in the 15th district of Illinois and a friend whales. Other nations will undoubtedly many Atlantic waters from the Chesa- and somebody who will be missed a follow suit if the Makah are successful. peake Bay south to Florida and west to great deal by all who knew him. Mr. Speaker, we cannot allow this to Texas. Mr. Speaker, memorial services for happen. The killing of whales around We must work together construc- U.S. Air Force Major General Frank the world is on the increase. For this tively and effectively, Federal, State, Worth Elliott of Rantoul, Illinois, will fraudulent cultural subsistence to be- and local governments and agencies, be held at the United Methodist Church October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8987 in that community on Friday of this his adopted community. He served Throughout his career as a Buffalo week. Private burial will take place at them well. He will be greatly missed. I Soldier, Tom Hendricks has received a later time. am glad to come here tonight to put numerous honors, including Battle Mr. Elliott was born on December 2, this in the RECORD for his memory. Stars, for his valiant efforts in World 1924, in Statesville, North Carolina, son b 1745 War II. He was engaged in military of Frank W. and Lois Young Elliott. He conflicts including the Normandy Inva- married Evaughn ‘‘Bonnie’’ Close on The SPEAKER pro tempore (Mr. sion and the Battle of the Bulge. Al- January 7, 1950, at Rapid City, South BRADY). Under a previous order of the though much has changed since the Dakota. His wife survives him. He is House, the gentleman from Texas [Mr. days of the Buffalo Soldiers, including also survived by two sons, Frank El- FROST] is recognized for 5 minutes. the integration of all military service- liott of Santiago, Chile; Jeff Elliott of [Mr. FROST addressed the House. His men and women, the story of Tom Hen- Albany, Georgia; and a brother, Jim remarks will appear hereafter in the dricks and his fellow Buffalo Soldiers Elliott of North Carolina, along with Extensions of Remarks.] who served before him will remain one five grandchildren in whom he took f of great patriotism and unsurpassed great pride and affection. IN HONOR OF THOMAS HEN- courage. General Elliott graduated from high DRICKS, ONE OF THE LAST LIV- I urge my colleagues to join me in sa- school in 1941, and he attended college ING BUFFALO SOLDIERS luting Thomas Hendricks for his ac- in California and in North Carolina, be- complishments as a Buffalo Soldier. We fore he enlisted in December of 1942 in The SPEAKER pro tempore. Under a owe him a tremendous debt of grati- the U.S. Air Force. He later did com- previous order of the House, the gen- tude for his service to our country, and plete his college work at Charleston, Il- tleman from Wisconsin [Mr. BARRETT] we should all be proud of his contribu- linois, at Eastern Illinois University in is recognized for 5 minutes. tion to our Nation’s military history. 1973. Mr. BARRETT of Wisconsin. Mr. f He completed pilot’s training and Speaker, it gives me great pleasure to was commissioned a Second Lieutenant pay tribute to an outstanding member BREAST CANCER AWARENESS in March of 1944. He completed a tour of my community and one of the last MONTH of combat duty as an air crew com- surviving Buffalo Soldiers of the Unit- The SPEAKER pro tempore. Under a mander of B–24s with the 15th Air ed States Army, Mr. Thomas Hen- previous order of the House, the gentle- Force in Italy during April of 1945, and dricks. The story of Thomas Hendricks woman from New York [Mrs. MALONEY] he was promoted to Captain in that and his fellow Buffalo Soldiers who is recognized for 5 minutes. same year. served before him will forever be a sig- Mrs. MALONEY of New York. Mr. General Elliott remained in the serv- nificant part of the history of America. Speaker, I rise to participate in the ice after World War II. He served in a The legacy of the Buffalo Soldiers special order organized by my col- number of different capacities, in oper- dates back to post Civil War days. Al- league, the gentlewoman from Con- ational supply and aircraft mainte- though African Americans have fought necticut [Ms. DELAURO] and the gentle- nance positions, until 1963 when he was with distinction in all of this country’s woman from California [Ms. ESHOO] promoted to the grade of Colonel while military engagements, their future in and others to salute October as Breast serving as the Deputy Commander for the Army was even in doubt after the Cancer Awareness Month. an operations wing of B–52s based in Civil War. In July 1866, however, Con- We all know too well the devastating California. gress passed legislation establishing facts. With nearly 200,000 cases of He has attended the War College two cavalry regiments and four regi- breast cancer diagnosed last year, right here in Washington, D.C. General ments of infantrymen, later merging breast cancer is the most common can- Elliott commanded the 92nd Bomb two, whose composition was made up cer among women. I was pleased earlier Wing at Fairchild Air Force Base in entirely of black soldiers. this year that Congress enacted, as Washington from January 1969 to Janu- The troopers of the 9th and 10th Cav- part of its balanced budget, my biparti- ary 1970, when he was promoted to alries developed into two of the most san bill, the Breast Cancer Early De- Brigadier General. He was the com- distinguished fighting units in the tection Act, to allow for annual mam- mander of the 14th Strategic Air Divi- Army. The fierce fighting techniques of mograms for Medicare women. This sion at Beale Air Force Base, Califor- these soldiers and their bravery on the bill was first introduced in 1992 along nia, and from 1970 to July of 1971, he battlefield inspired Native Americans with Barbara Vucanovich, who is her- was assigned to the Air Force base in to call them Buffalo Soldiers. Although self a survivor of breast cancer. Thailand as Commander of the 307th history has often overlooked the con- We were very pleased that it was in- Strategic Wing. tributions of the Buffalo Soldiers, I am cluded in the balanced budget this General Elliott was promoted to proud to salute one of its finest caval- year. It certainly makes a very wise in- Major General and then as Commander rymen, Thomas Hendricks. He is a man vestment that will save women’s lives. of the Chanute Technical Training Cen- of courage and wears the name Buffalo But there is much more that needs to ter at Chanute, Illinois, which brought Soldier with honor and great pride. be done. him into Illinois again, and into the Thomas Hendricks was born on Feb- Once breast cancer is diagnosed, 15th Congressional District. He served ruary 14, 1920, in Evanston, Illinois. As sometimes it is too late. But some- there with distinction. He retired from a young boy, he was strongly influ- times when treatment is available, a the Air Force in September of 1975 enced by his grandfather, James Hen- woman can undergo a mastectomy after completing 33 years of active dricks, who was also a Buffalo Soldier which may save her life. Unfortu- service. and served our country with distinc- nately, very often we have seen women Later, after a few years of retire- tion. It was actually his grandfather who have been forced to leave the hos- ment, we were so pleased when General who inspired him to become a Buffalo pital with drainage tubes still attached Elliott returned to Rantoul to serve as Soldier and carry on the legacy of the and just like the drive through delivery an economic development consultant hundreds of thousands of African bill, a national outcry forced us to look to the Village of Rantoul. This was at Americans who have given their lives at the safety of women who were sent a time when the community of Rantoul for the sake of freedom in our country. home hours after a radical mastec- was quite fearful. There was a great Thomas Hendricks joined the 10th tomy. deal of concern in the community be- Cavalry of the U.S. Army in 1938 as a I am proud to be an original cospon- cause the Chanute Air Force Base was volunteer after receiving extensive sor of H.R. 135, the Breast Cancer Pa- being closed under the base closure military training under the tutelage of tient Protection Act. This bill will passed by this Congress. A large num- his grandfather. A few years later, he eliminate the so-called drive-through ber of jobs were being lost to the com- was sent to Ft. Hood for training and mastectomies by requiring insurance munity. went on to pursue a distinguished mili- companies to provide at least 48 hours General Elliott was a man for all sea- tary career which extended more than of inpatient hospital care following a sons, a man who came to the rescue of a decade. mastectomy, and a minimum of 24 H8988 CONGRESSIONAL RECORD — HOUSE October 22, 1997 hours following a lymph node dissec- Service as perceived by taxpayers in average taxpayers, not the major gi- tion for the treatment of breast cancer. the variety of stories that they have ants across the Nation, but just the av- I am also very proud to be a cospon- been able to share with Congress on erage citizen who, every day of their sor of H.R. 164, the Reconstructive this very point. life, is trying to comply with the laws Breast Surgery Benefits Act, intro- I felt compelled to address this ques- of this land. duced by my colleague and friend, the tion in my own district, for it is one I want to eliminate potential dis- gentlewoman from California [Ms. thing to hear of a national outcry. It is crimination, job discrimination at the ESHOO]. This bill would require health extremely important to allow your IRS, and potential discrimination of insurance companies to cover recon- constituents to share their own indi- those who may be targeted because of structive breast surgery, if they al- vidual cases that may have occurred. race, sex or ethnic origin or religion or- ready pay for mastectomies. I am Not one single witness got up and igin to be audited. I also want to be as- pleased to stand with my colleagues in wanted to declare the abolishment of sured or assure divorced women whose support of the one out of every eight the IRS or to say that they no longer incomes are less than their spouses women who will get breast cancer in wanted to share the responsibility of that they are not penalized with the her lifetime. this great government, the government taxes of past mistakes in marriage so Right now thousands of women are that provides with national security that there is some protection for them. signing an electronic petition. The on- your protection, provides for public And, yes, rather than rushing a tax- line petition drive will enable breast education, the safety of our air and payer to the courthouse where their re- cancer patients to become activists on water, that provides for our national sources are exhausted, I would like to behalf of this legislation that would law enforcement, the beautiful na- see the utilization of mediation and provide them with the kind of health tional parks and monuments that we dispute resolution so that taxpayers care they deserve. appreciate, the protecting of this cap- and the IRS can sit down and attempt Many have shared their personal sto- ital. Citizens to a one concluded that to resolve their differences. There is ries. One New York woman wrote, and they wanted to be part of this govern- some form like that, but it is not I quote, ‘‘On August 25 of this year, I ment and part of supporting it. where it is moved in a direction that But each of them could recount for learned that I did have breast cancer. A reinforces the taxpayer that this is the me an unfortunate set of cir- further study showed that the cancer right thing to do, to sit down in medi- cumstances that made them feel in- had traveled to my bloodstream. I am ation. timidated and unable to deal with ad- 34 years old. I am undergoing chemo- Overall, we have a good system that dressing their problems of questions therapy and will also have radiation. It supports this government. But when- about the taxes that they paid or were is absolutely necessary for you in gov- ever you call a hearing on the IRS and ernment to help women all across the alleged to have not paid. In particular, let me honestly say in your constituents run the opposite di- country and to take this disease seri- this hearing that I held on Friday, Oc- rection rather than come to the table ously. We depend on our government to tober 17th, many citizens and constitu- to provide insight and information, you protect us, even when a devastating ill- ents that I asked to participate or sug- know you have a problem. The Tax- ness has befallen us.’’ gested that they might were, in fact, payers Justice Act of 1997 is to com- I quote from another letter. I would frightened and intimidated and did not pliment the Act of the Committee on like to put a series of them in the want to come forward for fear of being Ways and Means, but also to address RECORD. Quoting, ‘‘I was not in any targeted. That is not the kind of agen- your concerns, that of the taxpayers of high risk group for developing breast cy we would like to have. this country who need justice. cancer. Yet I was diagnosed with breast Let me say in defense that represent- I hope Members will support the Tax- cancer in November of 1996. I was atives of the IRS employees union also payers Justice Act of 1997. shocked and it is still very hard for me came forward and mentioned the many f to accept this diagnosis. I opted for a good and dedicated and sincere employ- mastectomy. I am still in the process BREAST CANCER AWARENESS ees that want to work within the MONTH of reconstructive surgery. I thank gov- bounds of the law, want to work with ernment. You must do more to help taxpayers and want to ensure that that The SPEAKER pro tempore. Under a women like me.’’ kind of intimidation does not exist. previous order of the House, the gen- Mr. Speaker, we need to make sure With that hearing behind me, I tleman from Ohio [Mr. BROWN] is rec- mastectomies and reconstructive sur- thought it was extremely important to ognized for 5 minutes. gery are safe and covered. I thank my compliment the process today of a bill Mr. BROWN of Ohio. Mr. Speaker, I colleagues for organizing this special marked up in the Committee on Ways join my Democratic colleagues this order tonight and I salute the women and Means and offer my own legisla- evening in a series of special orders who are facing these issues every day. tion, entitled the Taxpayers Justice during Breast Cancer Awareness Month You are our inspiration and we will Act of 1997. I focus on justice for tax- to discuss what we should do in this continue fighting for you. payers. Congress and in communities across f I agree with those who are support- the country to prevent and to cure this ing elimination of the marriage tax dreadful disease of breast cancer. REFORM OF THE IRS penalty. My bill includes that. We Recently, at a breast cancer aware- The SPEAKER pro tempore. Under a should encourage those who are mar- ness forum at the Elyria, Ohio WYCA, previous order of the House, the gentle- ried, live together, support families a woman recounted the story of hold- woman from Texas [Ms. JACKSON-LEE] and pay taxes. Why should they be pe- ing her ailing mother’s hand as she was is recognized for 5 minutes. nalized because they are not single? wheeled down a sterile hospital hall- Ms. JACKSON-LEE of Texas. Mr. I also support the creation of civil way to a surgical room where she was Speaker, I rise today to discuss an and criminal penalties for IRS employ- to receive a lifesaving mastectomy. issue that has received quite a bit of ees who work outside the bounds of Another breast cancer survivor shared attention over the last couple of weeks their job description and scope, who with us the emotional toll this deadly and months. However, many have harass or intimidate taxpayers, do not disease took on her and her loved ones. raised concerns about this for a period give them a chance to explain their sit- This type of meeting to promote of time. uation. awareness and education about this Today, however, I think we can bring I am supporting a two-year commis- deadly disease is not an unfamiliar this discussion to a higher note in a bi- sion to help simplify the Tax Code so sight in the industrial communities I partisan manner that reflects greater that we are not going through mounds represent in northeast Ohio. A study interest in saving the voluntary tax- and mounds of paper, some 9000 pages conducted by the Ohio Department of paying system that we have in this Na- of the Tax Code. That simply cannot Health estimates that one in three tion, but as well, acknowledging that be. women in Ohio will develop some form there have been serious problems that I am also interested in creating a of cancer in their lifetimes and one in have plagued the Internal Revenue taxpayers advisory board of real, plain, nine women will develop breast cancer. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8989 Ohio unfortunately ranks 11th in the surgery often required after this proce- lieve these surgeries are not necessary. Nation in breast cancer deaths and 9th dure. I believe doctors and patients should in total cancer deaths among women. Furthermore, women must never be decide which treatment plan would Northeast Ohio has been particularly forced out of the hospital on the same benefit each patient without inter- hard hit by this tragedy. There is no day a mastectomy is performed unless ference from their health plans. This magic bullet in our fight against breast the patient and the doctor, not the in- legislation would provide this much cancer. There is no vaccine. There is no surance company, the patient and the needed protection for breast cancer pa- guaranteed cure. However, early doctor agree that it is in the patient’s tients. screening, detection and treatment of best health interest. I would like to commend the gentle- breast cancer offer women the best Lastly, we must continue to support woman from Connecticut [Ms. hope of beating breast cancer and lead- increased funding for more biomedical DELAURO] for organizing this special ing long, healthy lives. research to improve treatment and to order to highlight these bills as part of In an effort to increase local aware- find a cure for breast cancer in other Breast Cancer Awareness Month. It is ness of the importance of early detec- terminal and chronic diseases. particularly important to me, as the tion and treatment options, I helped Until we are able to find a cure for Representative of the Texas Medical found the Northeast Ohio Breast and deadly diseases like breast and pros- Center, that I have many constituents Prostate Cancer Task Force in 1994. tate cancer, early detection and screen- who are active in the fight against the ing represent the best hope for the mil- disease that we can defeat. b 1800 lions of men and women who will be di- In honor of Breast Cancer Awareness This dedicated group of volunteers agnosed with these diseases. We should Month, I would also like to highlight includes cancer survivors, medical re- join with the millions of Americans, the work of two outstanding individ- searchers, and health care profes- like the women at the Elyria YWCA uals who are constituents of mine: One, sionals such as doctors and nurses. and members of the task force, who are Dr. Dixie Melillo, a physician who op- The mission of the task force is two- on the front lines spreading this life- erates the Rose, a clinic targeting fold: saving message. women and in particular low-income First, it works to support and supple- As we listen to stories of hope and women to ensure that they receive ade- ment ongoing public education efforts sadness by those individuals whose quate breast cancer screening and in breast cancer in northeast Ohio. lives have been touched by breast can- treatment. Last year, the members of the task cer, let us work together in Washing- After years of hard work, Dr. Melillo force put together a comprehensive, ton to ensure that patients have access has been able to expand her operation easily readable pamphlet to provide in- to affordable, quality health care and to three clinics in and around my dis- formation to women on how to prevent demonstrate our commitment to win- trict, and I commend her for her work. Second, I want to honor Dr. Jennifer breast cancer and the importance of ning this battle by providing the re- Cousins, who runs the Women’s Health periodic screening. It was packed with search dollars necessary for improving Initiative at Baylor College of Medi- information on counseling and whom treatment and finding a cure. cine, which recently celebrated its to talk to about treatment options. f Volunteers distributed these pam- third anniversary. phlets to 273 hairdressers and beauty SUPPORT OF LEGISLATION TO Three years ago, the National Insti- salons in northeast Ohio in a local HELP WOMEN FIGHT BREAST tutes of Health awarded Baylor College campaign to eradicate breast cancer. CANCER of Medicine a grant of $11.8 million to conduct the largest, longest clinical We worked with the Women’s Preven- The SPEAKER pro tempore. Under a trial in Baylor’s history. This study is tive Health Care Services program of- previous order of the House, the gen- examining the health of more than fered by the Cuyahoga County Board of tleman from Texas [Mr. BENTSEN] is 5,400 women over a 12-year period, and Health, which provides information on recognized for 5 minutes. focuses on diseases that are critically early detection of breast and cervical Mr. BENTSEN. Mr. Speaker, I rise important to the health of women: Car- cancer to medically underserved today in strong support of legislation diovascular, colorectal cancer, women, a group historically vulnerable that will help to fight breast cancer. osteoporosis and, in particular, breast to these killers. These bills, including H.R. 1350 and cancer. Breast cancer is the second The task force’s second mission is to H.R. 164, would ensure that women killer among cancer in women. seek out any environmental factors have sufficient time to recover from The information provided by the which may cause northeast Ohio’s breast cancer treatments and ensure Women’s Health Initiative will lead to higher than average rates of breast that women have the medical treat- breakthrough treatments for these dis- cancer. ments they need to fight this difficult eases and improve the lives of women To further this mission, my col- and dreadful disease. in Texas and across the Nation. The league, the gentleman from Michigan Already 135 would ensure that women Baylor Clinical Center has recruited [Mr. STUPAK], and I were able to add and doctors can work together to de- 3,300 women for an observational study language to last year’s reauthorization termine what is the best treatment for to gather information regarding risk of the Safe Drinking Water Act which each woman. I am an original cospon- factors for these deceases. requires the EPA to test whether cer- sor of this bill that will require all The Baylor Clinical Center will also tain chemicals found in drinking water health plans to provide minimum hos- recruit an additional 2,100 women for a cause breast or other forms of cancer. pital stays for those women who under- clinical trial to research whether diet The stories of the women at the Elyr- go mastectomies and lymph node dis- and hormone replacement therapy will ia YWCA and the efforts of the task sections. Without this protection, help women lead healthier lives. Infor- force are vital because they represent women may have to choose between mation gathered from this clinical our most important and potent weapon their health and their treatments. In study will help women to make in- in the battle against breast cancer. the past, Congress has acted to provide formed decisions about which therapies Through the tireless efforts of breast minimum protections for pregnant to use to prevent the disease and stay cancer survivors, the local health care women and their children and we healthy. community, and ordinary residents and should provide the same protections for I also want to highlight the efforts of business owners, one small community women with breast cancer. Dr. Jennifer Cousins, Director for the is taking a stand. As their elected offi- H.R. 164 would ensure that women Center for Women’s Health, to bring cials in Washington, we must do more, with breast cancer would receive the this critical WHI study to the Houston however, to help win this battle. necessary breast reconstruction sur- area. I believe Dr. Cousins is critical to We must support legislation cur- geries they need. This legislation the success of this study, and she rently before us which would ensure would require all health plans to pro- should be commended for her hard that health insurance companies pro- vide coverage for this surgery. Many work. vide coverage for women who undergo health plans do not currently provide Mr. Speaker, to really honor these mastectomies and the reconstructive this coverage because health plans be- two women leaders in Houston, the H8990 CONGRESSIONAL RECORD — HOUSE October 22, 1997 House should schedule and pass H.R. America’s students are enrolled, the rather than siphon Federal dollars for 135 and H.R. 164 and show that we too Republican leadership, at least in the private schools. in the House mean business in the fight last few weeks, has instead embarked We should not be giving up on the against breast cancer. on an effort to try to take away re- public schools. The public schools are f sources, taxpayer dollars, from the where most of our children are edu- public schools and use them, or credit cated. We have had an historic commit- REPUBLICAN LEGISLATION AT- them, to private or religious school ini- ment to public schools in this country TACKS PUBLIC EDUCATION IN tiatives. and, if anything, and I feel very strong- AMERICA Now, the best example of that was 2 ly, we should be moving a Democratic The SPEAKER pro tempore. Under weeks ago, before we adjourned for the initiative, which we have discussed and the Speaker’s announced policy of Jan- district work period, the Speaker actu- which our Democratic task force has uary 7, 1997, the gentleman from New ally brought to the floor as part of the put forward, that would provide im- Jersey [Mr. PALLONE] is recognized for D.C., District of Columbia, appropria- provements for public education rather 60 minutes as the designee of the mi- tion bill a private school voucher pro- than siphoning off this money for pri- nority leader. gram. It was a provision that would ba- vate and religious schools. Mr. PALLONE. Mr. Speaker, I expect sically have provided funding to a very I see one of the cochairs of the Demo- to be joined in a few minutes by one of limited number of students within the cratic education task force, which has my colleagues. District of Columbia, I think 2,000, ap- taken the initiative to put forward This evening I would like to talk proximately, which is really a drop in these principles for America’s public about the efforts that have been made the bucket in terms of the number of schools, my colleague from North Caro- by the Republican leadership to move students in the D.C. Public schools, lina, is here. various legislation which I consider es- and allowed them to take that voucher I was going to briefly, if I could, just sentially an attack on public education and use it for private schools either in outline some of the principles that the in this country. the District of Columbia or in sur- gentleman and his task force have put Democrats, for a long time, certainly rounding States. together, just to juxtapose those to throughout this Congress, have This provision initially failed to pass what the Republican leadership has stressed the need for this Congress to the House, and the reason it failed to been trying to do in the last couple of address education in various ways. We pass was essentially because most weeks, and if I could just mention six started out during the debate on the Members, and I am one of them, do not very briefly. Balanced Budget Act this summer believe that it makes sense to take re- These are the principles for Ameri- stressing the need for better access to sources that could be used for things ca’s public schools. First, an emphasis higher education. like school construction in the District on academic excellence in the basics; In fact, as a result of President Clin- of Columbia, which has a great need for second, well-trained, motivated teach- ton’s efforts and the efforts of the school construction and renovation, ers to help children achieve high stand- Democrats joining with him, we were and instead use that money to pay for ards; third, using public dollars to im- able to include in the Balanced Budget private education. prove public schools rather than pri- Act, when it passed, some significant The Speaker did not have the votes, vate school vouchers at public expense, measures that would provide more ac- actually, for the D.C. appropriation which we have discussed; fourth, the cess to higher education for the aver- bill, in part because of the voucher pro- Federal role in education that supports age American in terms of expanding vision, but what he did was he held the local initiatives for strong neighbor- student loan programs, providing tax vote open and he twisted some fellow hood public schools; fifth, empower deductions or tax credits that make it Republican arms to change their votes parents to choose the best public easier for the average American, the so he finally got a majority of one to school for their children; and, sixth, working American, to pay for college pass the bill. every child should have access to a education or graduate education. Despite this near failure, and I say safe, well-equipped public school. But now, after the Balanced Budget near failure, because the way it was Again, the task force does not take Act was passed, and certainly starting done it was clearly an indication that the position they are opposed to this fall, we have talked increasingly this was not a measure that had the choice, but the choice should be in the about the need to address the problems support of a majority within this public schools. We do not want to take in our public schools, but in a very House of Representatives, but nonethe- taxpayer dollars and use them for pri- positive way. Our feeling is that the less, even with that, keeping that in vate education. public schools in America are in pretty mind, the Speaker is now once again, I would like at this time to yield to good shape but they certainly need im- and the Republican leadership is now my colleague, the gentleman from provement and that there are various once again taking another step in this North Carolina [Mr. ETHERIDGE], who ways to go about improving them. same direction, taking resources that has taken the lead on this and who has One of the areas that we have talked could be used for public education and been so well-spoken because of his about the most is the need to address using them to pour taxpayer dollars background and experience on the issue the public school infrastructure. The into private and religious schools. of public education. fact of the matter is there are many This was a provision that was origi- b public schools that have great need for nally proposed in the Senate by Sen- 1815 repairs or even new construction be- ator COVERDELL. He has called it an Mr. ETHERIDGE. I appreciate the cause of expanded enrollment but do education savings account but, essen- gentleman from New Jersey [Mr. not have the ability within their school tially, it primarily benefits wealthy PALLONE] yielding and I appreciate district to pay for those school con- families. It allows them to basically very much the gentleman putting to- struction or renovation needs. provide tax-free funds that would be gether this special order, because I In addition, there is the whole issue used to pay for private education. think it is important to the American of basic skills; that more needs to be Now, Democrats, and I believe this is people to understand. Let me set a lit- done to improve learning with regard coming up tomorrow, Mr. Speaker, but tle history, if I may before we get to to basic skills in the various public Democrats basically will put forth an this because I think it is important. schools. And the Democrats have actu- alternative that will use this money I think of a great Congressman who ally come up with a whole series of for school construction bonds to help represented the district that I now rep- ideas about ways to improve public public schools that are in disrepair or resent many years ago, a gentleman by education, which I may get into this in need of new construction. Without the name of Harold Cooley, who at that evening with some of my colleagues. getting into the specifics of this provi- time chaired the Committee on Agri- But before I do that, I wanted to talk sion, which I oppose, I am trying to culture in the U.S. Congress. It was his about the fact that instead of empha- make the point, and I think we as task to chair the Agriculture Commit- sizing the need to improve the public Democrats are making the point, that tee during and right after World War schools, where better than 90 percent of we need to improve the public schools II. Many of our young people who went October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8991 before the draft in World War II failed without an education they do not have now signed up to be a part of this pro- their physical. Congressman Cooley it. I mean that when I say all children, gram, assuming the funds are there. It felt so strongly that he attached an ap- not just those from the privileged, not is great to go out and teach, but what propriation and an authorization piece just those whose parents can afford to we have to have on the backside of it is to a military authorization bill, de- send them to private schools or those accountability. I want to talk about fense bill, to provide for school lunches who might get a few vouchers. All chil- those together. for the children of this Nation. Prior to dren, because any that are left behind We have to challenge every parent, that time, there had not been a hot are the ones I think that are deprived. teacher, principal and community lunch for children in our public schools I want to talk just a minute, and I member in each of our communities across this country. hope the gentleman will join me as we across this country to help get children I set that tone because there are get into this, about reading, because I started to learn to read by the time many who today say this is not the believe reading is the foundation, that they are in the third grade. But to do role of the Federal Government, or is one of the pieces that we have talked that, we have to teach and we have to that is not the role of the Federal Gov- about and the President laid out in his hold them accountable. We have to ernment. Well, until about 1945, 1946, it State of the Union address so strongly. measure what we have done. Otherwise, had not been the role of the Federal Because reading is the gateway skill, we will not know how we get there. I Government to participate in the let me repeat that again, reading is the think that is important. school lunch programs, either. I know gateway skill. We talk about how im- It would be great if every parent this Congress last session, the major- portant it is today in the world we live would read to their child at least 30 ity, tried to strip that out, but when in that is so technical, it is high tech. minutes a day. Many do not. They do they heard from the American people, A report has just come out in the last not have the time. But I think it would they changed their minds. 10 days about how important it is to be super. And schools need to be able to I will say to the gentleman, having have algebra, geometry and those high- provide high quality reading initiatives been a superintendent for 8 years in the er skills in math, and I certainly agree for all students, making sure that public schools of the State of North with that wholeheartedly because teachers know how to teach children to Carolina and having responsibility for North Carolina required algebra of all read, identify those that need extra about 1.2 million children, and having of our students back in 1991. We were help, and that is where the tutors come gone in those cafeterias, as a matter of one of the first States to do that. But in. When you have 21 to 26 and in some fact, last week I was in 4 different until a child learns to read, all the cases, unfortunately, as many as 30 schools, had lunch with two different other things are off the sheet, they are students in a class, a teacher cannot classrooms of students, and I can tell off the page. It is so important to do it give the quality time that he or she the gentleman that instruction goes on early. wants to. They are hardworking peo- in those schools all across America The President had requested in his ple, they care so deeply about their whether they are having lunch or they program, America Reads Challenge, to children. We have to have the commu- are in recess. have 1 million tutors. Many of them nity members involved. America Reads One of the things I wanted to point are volunteers and we have a lot of Challenge, this tutoring program, is a out was that the teacher, it happened those in our State and across this tremendous program that we have a to be International Day. Every day country. But I thought it was a great chance to make a difference. And busi- during the week they had a different stroke when he said of the money we nesses can be involved. The business country. One of the schools I was in, in are sending to our universities, we community is involved, I know in our Wilson, it happened to be the day for want to develop a partnership with the State, but there are more that can get China. They had chop suey or they had universities in this country to not only involved, not only in tutoring but egg rolls. What was so significant I just get them to go into schools but get doing a lot of other things and encour- think about it was that it was a first young people to understand it is impor- aging parents, giving parents time off grade class that I was having lunch tant to volunteer again, and some of to go in and work with their children. with and the teacher, and if you know them were to be paid out of the funds I would suggest they follow the lead first graders and kindergartners, you that are in the current budget that is of Johnston County schools, and I want use your finger to point to the first let- now hung up in conference, and I trust to talk about that for just a moment ter as you start to read and they were it will be broken loose because unless because I have some charts here show- reading to those children each line of we do it, I really believe that we will ing what happened when a school dis- the menu so they could identify the do the children of this country a grave trict says that we are absolutely going menu, and then they were allowed to injustice and it will cost our country in to make a difference for all of our chil- stand in two different rows, depending the productivity of these young people, dren, not just a few, all children, and on which menu they chose. It was quite in the productivity of our economy a this is representative of the 100 percent obvious to me that there were children tremendous amount of money. of children in that school system where in each of those rows who had tried I would say to the gentleman that in 1993, only 65.8 percent of those chil- neither of those menus. But it was so parents are the first teachers. There is dren were what was called proficiency instructive in the teachers working no question about that. They are the level. That means they could read at or with them and I sat at the table with first teachers that a child has in every above grade level and move on to the them, and we talked and of course as family. I do not know of a parent that next grade. We see the next year there the gentleman can appreciate, there does not want their child to succeed, was a drop, and then we see progressive was a lot of media there, but they had but there are a lot of parents who are growth up to 76.1 percent in 1997. I pre- a delightful time. But that is instruc- nonreaders themselves, unfortunately, dict that will continue to rise. tion. in a Nation as rich and as plentiful as When we see that kind of growth in I tell that little story to set the stage we have it in America. But they want reading, a lot of good things are hap- for what we are talking about, because their children to read, and that is why pening on the part of the teachers, on Democrats are working to improve we have a program for adults. the part of the parents and on the part public schools in America. We have But I am going to talk about a school of the total community. There is great done that time and time again. We I was in last week, I went in a school pride, there is tremendous work, and have set the tone. Education, public system. They had a tremendous pro- that is well above the national average education, in my opinion, is the key to gram that they have been involved in as reported on NAEP. Because if we the foundation of our democracy. It is now for about 5 years, and it fits right look at the numbers, we will see that the one thing that helps bring people into what the President is talking in the 5-year period, they gained 11 together. It is the one thing that levels about, this issue of getting 100,000 col- points in their reading proficiency. But the playing field for children no matter lege work-study students to serve as more importantly, let me show you what their ethnic or economic back- reading tutors. There are almost 800 what those points really translate into. ground is, and it gives them a chance colleges and universities, public and Because what we are looking at here is in this highly competitive world, and private, across this country who have a chart showing the 8th grade students, H8992 CONGRESSIONAL RECORD — HOUSE October 22, 1997 and this is cohort data in reading. Mr. PALLONE. What the gentleman that result from having a very high What that really means, the same has laid out there I think is very im- level of students versus the number of group of students that were measured pressive and it really shows what can teachers. in 1993 were measured in 1997 in their be accomplished in just a few years. I Mr. ETHERIDGE. If the gentleman growth patterns to see how much they think that that is what we need to do. would yield, the number of studies that had grown. If we look at the bottom co- We need to emphasize here on the floor put that out, Tennessee is a great ex- hort, which means level 1, they are not of the House how certain school dis- ample as a State that spent the money, proficient, they are not doing well, and tricts have been very effective in im- reduced class sizes and saw some tre- they really would not be able to move proving basic skills and improving mendous results from it. There is no to the next grade and do the work. We other aspects of public education. Be- question that it makes a significant see that number drop from 9.2 in 1993 cause my whole point is that there are difference in kindergarten through down to 2.5 in 1997, almost a 7 percent some really excellent examples of what third grade, because that is where chil- drop. That represents a tremendous can be done in the public schools and dren are learning the basic skills, number of children. What is so impor- that I think generally most people are where there is so much need for person- tant about that is we look at the num- satisfied with the public school system alized attention. bers, we look at the cohort at the top, but they would like to see some im- If you have a large class, as you were goes from 21 to 34. That is well above provements. indicating, it is very, very difficult to grade level, because the 48.6 percent Our point as Democrats has been here versus the 44.4 percent is really at be able to reach them. For some stu- throughout this debate, and it will con- dents, no problem, they will sail grade level. tinue throughout this session of Con- So we see the Johnston County through. But those marginal students gress, that you should not be spending School System is really doing what we or those who show up at the public resources for private education when want done in every school system all schools with all the number of prob- you can actually do things with some across our State and all across Amer- lems they show up with today makes it ica because we are pushing more and Federal help, if necessary, that would very, very difficult for them to be able more students up into the top two co- improve significantly education in the to make it. horts where we really need them to be public schools. I think this is a very But if you give them the skills and proficient, to be able to handle the good example of that. The gentleman give them the opportunity to learn to other things they have to do and the was very much involved in putting for- read, to do the basic computations to more sophisticated reading they need ward this Democratic agenda for first get going, and you give them the to do. Because we see in the second co- class public schools. I just mentioned chance to find out they really can do hort in level 2, it drops from 25.4 down briefly some of those points that the it, it makes all the difference in the to 14.7. task force brought together. world. And you cannot do all of that, as If it were only in reading, it would be b 1830 you have indicated, without having one thing, but let us look at what hap- But just to provide a little more de- good ongoing staff development for pened in math for those very same stu- tail, and maybe we can go back and your teachers, and then the rest of dents. So it tells us we have got a sys- your staff, for that matter. tem that is really doing some things forth and talk about some of these things, with regard to just the two is- Certainly they are professionals. Cer- because they are getting help. In 1993, tainly they work hard. But I do not students who were proficient, and that sues of early childhood development, Basics by Six, and well-trained teach- know of a corporation in America that is a bar that is set. That is why when pays their executives, in a lot of cases the President talks about standards it ers, the task force, Democratic task force, mentioned a couple of things. far more than we are able to pay school makes sense. It makes sense to talk teachers in our public schools, that do about standards and then you measure First of all, they said there should be the opportunity for every child to be not spend a substantial amount of to that standard because we have that. money on staff development and con- In 1993, it was 61.8 percent of the stu- ready to learn by the time he or she en- ters kindergarten, invest in early tinue to upgrade and retrain those pro- dents in grades 3 through 8 were pro- fessionals on the latest skills. Yet we ficient in math. But look at the dif- intervention, community-based pro- grams such as Early Start, Head Start, say to a lot of our teachers in America, ference that 5 years made when they you have to be recertified, depending really began to focus, they realized engage parents and community stake- holders in the needs of at-risk children, on the State, anywhere from five to six what was expected. It was measured. It years. You have to have so many hours made a difference on the part of the use schools all day as the center of the communities for the services children of training, and you have got to pay for parents, on the part of the students, be- it out of your own pocket. cause every student in this school sys- need, including before and after school. Industry would not dare do such a tem with their parent signs a contract. Then for well-trained teachers, that thing. We would not do it. They pay for This is a public school system where was the second point, help commu- it, and yet we have to do it. they signed a contract. We see tremen- nities recruit and train well-qualified dous growth. teachers who are certified in the sub- As you are well aware, the first This is the kind of thing I think that jects they teach, hire enough qualified money for that, some of that money we talk about when we talk about teachers to bring down student-to- came out of the Eisenhower money America Reads and the President’s pro- teacher ratios, incentives for qualified that was put in the budget back in the gram of providing students a goal, pro- teachers to teach in high-need areas late fifties. That money is still impor- viding resources, because, yes, it takes and strengthen parents’ rights to know tant today. It is not enough. States put resources. But when we do it, we must about teacher qualifications. it in, but I can tell you in a lot of have accountability and measure. And I think the point here is, because the States, when their budgets got tight in people need to know what we are doing last chart, and I think the one before, the eighties and early nineties, the and we get results. I think this is proof this certainly was from grades three to first dollars pulled out of those budg- that we can improve our children’s eight in both cases. That is eighth ets, and it was not true in just one reading through our public schools. grade there, is that if you were able to State, it was true all across America, But we have to let them know what we get these kids even before they get to because we know here on this floor the want. Let me be the first to say, we the third grade ready to learn, so to Federal Government only puts in be- cannot do it from Washington. But speak, it would make a big difference. tween 6 and 7 percent of the dollars what we can do and what I think we But, again, the teachers, and having that flow down. The bulk of the money should do and what we must do is say qualified teachers is an important part is State and local money. it is important, as the President had, of this, and particularly bringing down Those were the first dollars pulled and when we have done that, then we that teacher-student ratio, because I out, staff development, the very dollar have got to be willing to stand behind would assume it is very difficult to im- you need. Once you get it out, I can it, because the job will get done at the prove basic skills if you have huge tell you from being a superintendent, it local level. classrooms and because of the problems is the hardest dollar to get back in. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8993 Mr. PALLONE. One of the ironies, Mr. Speaker, I would yield back my portant and our taxing policies can you are talking about Johnston Coun- time, and ask that the balance be given support that where we can, and we ty, but when we had the debate two to the gentleman from North Carolina tried to put some money in this time. weeks ago on the D.C. appropriations [Mr. ETHERIDGE]. The majority would not let it go as bill, and there was the proposal which f part of the bill. I trust before this Con- actually passed after some strong-arm- gress adjourns, it will get another op- EDUCATION IN AMERICA ing here to include a voucher system portunity to assist in those areas within that for about 2,000 D.C. school The SPEAKER pro tempore. Under where it is so important, because chil- kids, and I just thought it was so iron- the Speaker’s announced policy of Jan- dren do deserve a good environment in ic, because if there is any school sys- uary 7, 1997, the gentleman from North which to learn. It improves the quali- tem that has greater needs in terms of Carolina [Mr. ETHERIDGE] is recognized ties. The school ought to be one of the dollars, for example, for infrastructure, for the remainder of the minority lead- nicest places they attend every day. It their schools were closed down for er’s hour, approximately 30 minutes. was when I was in school, and we three weeks in the beginning at Sep- Mr. ETHERIDGE. Mr. Speaker, let should not back up. tember because the judge ruled they me respond to what the gentleman said I remember, I told a group in a cham- were unsafe and wanted the schools to about facilities and other things, be- ber meeting not long ago, if the facili- be fixed up or renovated before they cause this is important. When you ties do not matter, then I would sug- started the school year. think of public schools, public schools gest the next time the industrial hun- What we as Democrats were saying in are like a small town, they carry on a ter goes out looking for any major cli- that debate is, you know, spend this lot of the services that any town would ent to come to town and open their voucher money, if you will, to better have and they need to have basic infra- business, take them to someplace in train the teachers, to fix up the structure for water and sewer of some town where there is an old, run-down schools, to improve academic perform- type. They have got to have mainte- warehouse and say to them, you know, ance. nance facilities, they teach, they pro- the facility really does not make any One of the things we did the day of vide discipline and provide instruction. difference in the quality of product you the vote is a number of us went down, It is a whole multitude of things we re- we did a little march where we went are going to put out, so this is the quire teachers to do and the staff of a building we are going to try to help from the Capitol, from the House school as well as teach. chamber here, down to a local public you acquire, and see how long it is be- I am reminded of people who say that fore that client is out of town and the school, the one that was very close to the facility does not make any dif- here called the Brent School. It was word gets around, and you will not ference, and my friend from New Jer- have an opportunity to recruit very only a few blocks away. sey was just talking about the school But talk about innovative ideas. Like much. here in D.C. and how important it is. If Johnston County, they are out there We have a responsibility I think, and your roof leaks, the first thing you trying to improve the public school I say ‘‘we,’’ I think all of us in this have got to do is patch the roof. It is system in various ways. They have country, in the Nation, that has the re- started a very innovative tutoring pro- hard to say to a child, this and that is sources we do, to help. It is a local gram, an after-school program that has important, and they look around and matter, yes, but all of us working to- again brought up not only the grades, find out their building is dirty, the gether need to make it happen. but the proficiency, if you will, of the walls need painting, the windows need The last time I was in a school, students. So basically now Brent fixing and the roof needs patching, and which was just last Friday, I do not re- School is a success story for the Dis- they do not perceive that education is member a single child, as a matter of trict of Columbia. important. That is important to fix. fact, they didn’t, they didn’t ask who When we went there at the end of our Just last week I was in a brand new paid for anything in that school; the march, we talked to some of the teach- school in a school in my district. I books, the TV, the materials they used. ers and students. It was amazing to me. went in and read to a kindergarten Children only know what they get. First of all, the building looked good. classroom in Rocky Mount, and in the They do not know what they need. Secondly, I noticed a lot of students process of reading, the school is new That is our responsibility, and I think were wearing uniforms. I was not able and it had video throughout the school, Congress can help with that by setting to find out if that was a requirement or and in the process of reading to those the tone and saying education is im- whatever, but that was something they students, I knew it was on camera, but portant. It is one of the key compo- were trying that was a little different. I didn’t realize, I guess I just got so in- nents we have to deal with in this Maybe not every school wants to have volved in reading to the children, the country. uniforms, but they were trying it out. kindergartners, I forgot it was going It is as much, in my opinion, of our And it just sort of upset me to think throughout the whole school. national defense in this global econ- that here is a public school within the So when we finished the reading of omy we find ourselves in, and the eco- District of Columbia trying to make the book, the kindergartners in the nomic challenges we face around the improvements, having success in var- class I was in applauded, and the door world, to be able to compete economi- ious ways. Let us encourage that. Let happened to be open, and apparently cally as it is to have strong military, us try to get more schools within the the doors to a lot of the school were and I very strongly support a strong District to do that, with how many open, and I could hear applause all over military to defend our borders. millions of dollars is going to be made that school. I think we should not give up on pub- available for these school vouchers? I tell that story because that is an lic education. That is where the bulk of The same thing is true around the example of what could happen when our children are. They will be there to- country. Your principles that came out you have a school that has modern fa- morrow, they will be there next week, of your Democrat Education Task cilities and conveniences, and the next year, and they will be there for Force, some of them involved spending things we talk about every day. And we time to come, because there is not money, and there will be some Federal talk about high-tech and the Internet enough space in any other place for dollars available. We know we do not and faxes and things we move quickly, them. And to back away from making have all the money in the world, and it and yet some of our children go to sure they have a quality education is still primarily locally controlled, buildings every day that we would not would be a travesty, in my opinion. what the schools do. But it just makes dare put a business in. But we send Let me touch on one other point that no sense, it seems to me, when there children there, because they do not Mr. PALLONE mentioned in his remarks are these innovative ideas, when you have any choice. as he was going through, and he show in Johnston County what can be Some communities are growing so touched on facilities and standards and done to siphon that money away in the fast, they are struggling to make sure the whole issue of teacher assistance, ways proposed two weeks ago, and in they can do it. The question is can the teacher support, to be able to make another way to be proposed tomorrow Federal Government do all that? No, sure that they have the support to do by the Republican leadership. absolutely not. But we can say it is im- the job. H8994 CONGRESSIONAL RECORD — HOUSE October 22, 1997 We need to make sure that we work But I just wanted to, in the small wherever parents were, this principal with our universities in the dollars ap- amount of time that we have left, go went. propriated from the Federal Govern- into another area which the gentleman It was a long story. Parental involve- ment, that they get more involved, as mentioned in the task force, the Demo- ment, the PTA went from something the President has now encouraged the cratic task force recommendations. like 10 percent to 80 percent. School universities to do, roughly 800 of them That is support for local plans to renew scores went up dramatically; dropout now, participating in the America neighborhood public schools. rates went down. That is what we are Reads program. But we also need them It sounds like a generic term, but trying to get to, is to be able to provide to get involved in our teacher develop- when we break it down, they talked a resource. All this school needed was ment and in our teacher recertification about specific things: Federal assist- one person. One parent came and vol- programs, to provide some of the latest ance for communities committed to re- unteered. Pretty soon they were not up-to-date resources and research- newing their public schools; Federal able to volunteer and they needed more based information for our teachers to support for local school renewal plans help, so they were able to scrounge up use. that are developed and implemented by enough money to pay a half-time per- I know at the University of North the community; plans to address such son to coordinate the parents. Carolina, they are now developing a considerations as parental involve- These kinds of things make all the tremendous program on the Internet, ment, teacher training, technology en- difference in the world: Just a few re- and they are using graduate students hancement. sources at the point of the school to to do some of the work. The reason I A lot of this involves getting the reach out and bring them in and you know about it, Mr. PALLONE, my community as a whole involved and at have changed lives forever and the op- daughter is working in it, and they will the same time getting individual par- portunities are tremendous. have it on line in another year or so, ents or caretakers involved. That is so If we take that and allow a child to when teachers, when they have access important, and it also shows how much progress through school, and follow to computers, they can log in, bring the Democratic proposals, if you will, through with what we did this time, in down some of the best lesson plans the task force proposals, want to build putting $35 billion available for edu- anywhere around, and use those to upon the community and upon parental cation beyond high school, we have challenge our students in the way that involvement. changed this country forever, too, they never have been challenged be- Oftentimes when we talk about ad- when we allow more and more young fore. dressing education on a Federal level people to get a college education. b 1845 and providing funding on a Federal But we have to get them started on the right track, get them to read, get It will help that teacher at the point level, we get accused from our col- they are working with our children. leagues on the other side of saying, them stronger in math, give them that That is one of the things the President well, you want the Federal Govern- foundation, get the parents involved, and the Vice President talked about ment to control the public schools. It let them understand they can dream when they are talking about having ac- is just the opposite. We want more pa- the American dream and they can cess to the Internet in every library rental involvement; we want more achieve it. and in every classroom. Until it is community involvement. We simply Mr. PALLONE. Mr. Speaker, the available to the teacher, my view is it want the dollars to be made available, other point that the gentleman made will not be used the way it should be. because we know that is where the in his agenda, and again, his task force Teachers have to be comfortable with crunch is. agenda, the Democratic task force using it, and then it becomes inte- A lot of times they do not have the agenda, was about efficient and coordi- grated in their instructional materials dollars. If the gentleman maybe wants nated use of resources. There was a and the children will use it. to discuss a little more the types of very important point incorporated Mr. PALLONE. Mr. Speaker, I just ways that communities can get in- under that rubric which says, coordi- wanted to follow up on what the gen- volved when they get a small amount nate the services for children and fami- tleman mentioned. When we talk about of Federal resources, because I think it lies through local consortiums of edu- the need to address school infrastruc- is so important, I will yield to him for cation and social service providers. ture, whether it is building new school that purpose. What I find in my congressional dis- buildings or renovating those that have Mr. ETHERIDGE. The gentleman is trict, and I am sure this is true in deteriorated, the gentleman knows we absolutely correct, Mr. Speaker. What many parts of the country, is that have mentioned before this initiative this was about was a reaffirmation of many times the school districts are too that was essentially recommended by the fact that schools inherently are small. If they want to provide certain the President, the $5 billion to help pay community-based. People believe very types of services, or address certain the costs of school construction bonds strongly in their schools. educational needs, they need to get to- or the interest on school construction That is why poll after poll after poll gether with other local school dis- bonds, which the Republicans rushed and research and whatever says, I be- tricts. A small amount of Federal dol- and insisted that it not be part of the lieve in my school, but it is the one lars would help a great deal in that, as balanced budget agreement. down the road that needs changing, or well. The reason why it was not I think the one down the road ought to have Just to give an idea, in my home was very unfortunate, but it is still out the new program, but I like what I county, Monmouth County, over the there, something that the gentleman’s have here. The belief there is that we years they have tried to get the schools task force supports and many of my ought to provide the resources to do it. together on a county level to set up Democratic colleagues support. Another example, a school I am various schools that address particular We stressed that money would not be aware of a number of years ago had needs. For example, we have a MAST just used for buildings, but could also very little parent involvement and low program, M-A-S-T, which is the Marine be used for the Internet, for rewiring, test scores, which indicates that, and a Academy of Science and Technology. for making improvements so that the lot of other problems, discipline prob- Students from the various county Internet or various computers, what- lems. schools can enroll there. The county ever, could be utilized in schools, be- The principal said, listen, I’m not set it up at one location along the cause obviously one of the infrastruc- going to put up with this. It was an shore, actually, in my district, where ture needs, as the gentleman men- area where you would say the school they had basically marine and science tioned, that a lot of the schools do not cannot be successful, with a lot of programs for 4 years. have in this country is to address the problems in the community, lack of in- The students have to participate in high-tech problems, wiring, the types volvement, et cetera. This principal de- like a naval training program, similar of things that make computers and the cided, I am going to get them involved. to the Navy officer reserves, but this is Internet available. So that is impor- She went to every house and knocked on a high school level. There is a phys- tant. That was actually the third point on every door, went to softball games, ical element. I do not know if I would of the gentleman’s task force agenda. baseball games during the summer; call it a military element, but there is October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8995 a physical element to it. But then they Mr. ETHERIDGE. If the gentleman just their child, it is for all those chil- spend their time dealing with marine will continue to yield, Mr. Speaker, it dren in that public school. resources, specialty courses on ocean- is a lot like the farmer that seeded the Mr. PALLONE. Mr. Speaker, I just ography and various aspects of marine ground and put some water on, because wanted to thank the gentleman again resources. There are similar schools that local board, in many cases those for his participation. I think this is that have been set up on a county level dollars are allocated. It gets back to what we have to do, exactly what the for other purposes like that, whether it the issue you raised earlier as it relates gentleman has done, which is to show is sciences, or there is talk now with to vouchers. It is not like taking new how in various districts around the regard to arts programs. money. We are taking money away country efforts have been made to im- I think the schools individually could from the students who were out there, prove the public schools, whether it is not do that, but if they get together whether they be in the poorest commu- basic skills or some of the other things with some kind of consortium either nity, the wealthiest suburban commu- we discussed tonight, and that is the through the county, the State or what- nity, and the rural community. Ulti- direction in which this Congress and ever, then they can set up something mately, all children have less money, this House of Representatives should like that. Then again, that is the inno- because you are funding a source that be going, clearly, not in the direction vative idea. It is public. These are pub- was not there before, because we have of taking the resources away for vouch- lic school dollars that are being used to a lot of children who are not in the ers or other types of plans. set up specialty type schools. I know public schools. Mr. ETHERIDGE. Mr. Speaker, I this type of thing is a very important That is their choice. I will say today thank the gentleman from New Jersey. part of the gentleman’s agenda, as that I will fight for their right to have He is absolutely right, that this coun- well. that choice, but I will not support their try is what it is today because we have Mr. ETHERIDGE. The gentleman is right to take tax money and make that been able to stand on the shoulders of absolutely correct, Mr. Speaker. What choice, because I do not think it is in those who have given so much for so that does is open up for young people. the interests of all of our children. I do long in our public schools, under some We want them to be well-grounded in not think that is ever what was de- very tough situations. the basic foundation, but children signed or intended when we talk about I am very happy tonight to be part of learn a whole lot more earlier than we public education in this country. It is showing some success stories. I hope can have any idea, and have interests. not taking public dollars and carrying That is how we get our astronauts, how we will be about that in this body on it for private support. both sides of the aisle, talking about we get our scientists. Mr. PALLONE. The point is, we like With schools working together in the successes of our teachers and chil- to provide more alternatives, more consortia, or really outside the school, dren, because if we criticize our choices, as the gentleman stated, but with various groups, there may be re- schools, we are criticizing our children sources in the community they can within the context of public education. and teachers. I hope I am never guilty pull in. Many schools are doing that in We do not want the dollars taken away of that. I thank the gentleman for some areas, but they are doing it where from public education. If we want to helping organize this. they have substantial business inter- use the money to start some innova- f tive programs at the existing schools, ests who are putting the dollars in. But THE WAR ON DRUGS in some areas where those resources or to send kids in some sort of consor- are lacking in terms of the tax base of tium, that is fine. The SPEAKER pro tempore. Under the community or the school, and they I know there have been a lot of ex- the Speaker’s announced policy of Jan- do not have the business support be- periments within, say, one school dis- uary 7, 1997, the gentleman from New cause it is virtually nonexistent, then trict, say it is a city and there are Jersey (Mr. Pappas) is recognized for 60 those children deserve the same oppor- many elementary schools, in providing minutes as the designee of the major- tunity. They deserve the same oppor- parents choices within the public ity leader. tunity. They are just as talented. school system. They can go to one Mr. PAPPAS. Mr. Speaker, the war I would venture to say if we take a school or another. But that is public on drugs is just that, a war. What I and sampling or checked every Member dollars. That is still public education. a number of our colleagues will be who serves in this United States Con- There is a big difference between that talking about over the next 60 minutes gress and in the Senate, we are going and a voucher program that takes or so is the war on drugs. those dollars and uses it for private to find a lot of people serving in this b 1900 body that came from Small Town, education. In my opinion, there are few issues U.S.A. There are a lot of children today Mr. ETHERIDGE. Absolutely. I get a out in rural areas in Small Town, little frustrated at times, people talk that are facing the people of our coun- U.S.A., who can make major contribu- about how schools have too much try as important as that. And this dia- tions if we give them that opportunity. money, and some will say that. I do not logue that we are going to be having That is what the consortia is about, know where they get that information. tonight is really a continuation of allow them to work together, because I would say to them, anyone who what has been going on around the they do not have the money. They may feels schools have more money than country for many years now; unfortu- not have the resources for all the they need, go talk to those PTA presi- nately, many decades. Internet pieces they need. They may dents, those PTA moms and dads who Mr. Speaker, each of us represents want to have a math high school. That are out there selling candy and selling approximately 600,000 people in this is available in a lot of places and it subscriptions to books and working at House and unfortunately what had works. ball games in the evening, and taking been a problem in maybe just certain Mr. PALLONE. Mr. Speaker, the the money from the concession and urban settings 20, 30 years ago has now other thing, too, when we talk about buying things schools need, that their spread throughout suburbia and even innovative programs like that where children need. into the rural areas of our country. we get schools together on a county That happens all across America. It Each of us here took the oath of of- level or whatever to do something in- is not restricted to urban areas, and fice to serve the people that elected us novative, it is often difficult to get the not restricted to suburban areas, and it and the majority of the issues that we local board of education to contribute is certainly not restricted to rural deal with seem to be about national de- dollars to something like that because areas. It is all across the country. Be- fense, about our balanced budget plan, they are locally based, and they figure cause that to me is the fact that par- about providing for tax relief for the it is taking it away, and so on. So that ents want what is best for their chil- people of our country. Yet there is a is a perfect example of where the Fed- dren, and they are willing to go the generation that is growing up that is eral dollars become very attractive, extra mile to make sure that their facing, in my opinion, a very uncertain and become a tool to provide excel- children get that opportunity. When future because of the drug culture that lence and to improve and provide more they do it and they spend those dollars is so rampant throughout our commu- opportunities for public education. and that time, it is not selfishly, for nities. H8996 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Mr. Speaker, I want us to focus on a legal and dangerous substance easier that calm sea of public opinion today is couple of things here tonight, some- than they can purchase something free- extremely dangerous and we need to thing that we have debated here in this ly that is sold in a store or any market. spend some time focusing on it and we Chamber just recently, and that is That should cause us all to be very need to raise the awareness of the what should our goal be? Is it, in fact, concerned. American people, because as we face realistic to try to see our young people The efforts that I have described, this the turn of this great American cen- focus on something else other than drug and poster contest, some people tury into what I hope and pray is an- drugs? may make light of it, but based on the other great American century, the 21st Mr. Speaker, the gentleman from Il- initial reaction that we have gotten century, we need to recognize that the linois [Mr. HASTERT] has asked us to just the other day, in fact, Congress- grandchildren of the baby boomers are focus upon a goal: Reducing the usage man HASTERT and I held a hearing in becoming teenagers. of drugs by teenagers from 6 percent to Freehold Borough High School, which I served, Mr. Speaker, on the Biparti- 2 percent by the year 2001. is the county seat in one of the coun- san Task Force, and the gentleman Unfortunately, there were some ties that I represent. The gentleman from New Jersey spoke of the work of Members in this Chamber just a few from Illinois has been going all around the gentleman from Illinois [Mr. days ago that spoke about that as the country holding these hearings to HASTERT]. The gentleman from New being unrealistic, one that was, as I un- hear from the people on the front lines, York [Mr. RANGEL] and the gentleman derstand their statements, meant to the educators, people in law enforce- from Illinois [Mr. HASTERT] cochair a set the national drug czar’s office up ment, people who are from community- bipartisan working group here in the for failure. I know that that was not based organization or religious institu- Congress on drug and alcohol abuse. We the intent. I think it was to set a goal tions who are dealing with people had a briefing a few months ago from that is important that we focus upon to struggling with this most important Louis Freeh, the head of the FBI, who try to see that become a reality. problem and hearing from them; hear- talked about numbers of teenagers. Be- In my district in central New Jersey, ing about local solutions to a national cause while violent crime and drug I have undertaken certain initiatives problem. abuse is on the decline among grown to try to speak out about this, use the Mr. Speaker, that is something as people, it is on the increase among our small bully pulpit that I have been for- someone who has served as a town teenagers and herein lies the problem. tunate enough to have to challenge the council member, as a mayor, as a mem- We are on a collision course through young people of my district, and here ber of my town governing body, I am a the turn of the century. More and more challenge the young people throughout great believer in local solutions to na- teenagers, as a matter of fact, the bell our country, to enter a poster in an tional problems. I believe that some of curve in 2005 is the highest concentra- essay contest. I wrote to each of the the most innovative ideas come from tion of teenagers that we have had in principals of the schools throughout people in our communities and not the history of our country, we are told, the 67 towns in my district, and I asked from here in Washington, D.C., and not more teenagers as a percent of our pop- them if they would give the young peo- to be critical of our State govern- ulation than we have ever had. That is ple in their schools an opportunity to ments, but maybe not even our State wonderful in a sense. It is the grand- participate. The theme is this: ‘‘What I capitals, but from our communities, children of the baby boomers. But can say yes to instead of drugs?’’ from our places of worship, and from when suicide, violent crime and drug We all know that back in the 1980s our students. abuse is on the incline, and the number when Ronald Reagan was President, We even had four schools participate of teenagers is on the incline, and fami- the First Lady, Nancy Reagan, under- in this hearing. Eight students wanted lies are breaking down at unprece- took a ‘‘Just Say No to Drugs’’ cam- to speak, ask questions, or just express dented rates, it is a recipe for disaster paign, and some were critical or some- their positions, and I will get into that and we must once again as a Nation what cynical of that rather simple a little bit later. come together at every level and recog- message, but it was very successful. Now, Mr. Speaker, I want to yield to nize what this problem really is. This I would like to think is the next the gentleman from Tennessee [Mr. Mr. Speaker, we are told the common step, trying to focus on a positive as- WAMP]. denominator of violent crime among pect of the future possibilities that Mr. WAMP. Mr. Speaker, I thank the teenagers in America, the most com- face our young people. gentleman from New Jersey for yield- mon denominator is fatherlessness. I believe that we as Members of Con- ing, and commend him and the gen- People without fathers as they are gress need to do whatever we can to tleman from Texas and the gentleman growing up have a much higher propen- focus our constituencies’ attention to from Arkansas and the gentleman from sity to commit a violent crime. The challenge not just people in education Colorado and the gentleman from number two common denominator is that are very dedicated to try to see Pennsylvania for spending this time to alcohol abuse. Drug and alcohol abuse young people get a good education, but focus on this issue. To the gentleman is destroying our country. to challenge people from all walks of from New Jersey I will say they are on Now, I know today things are rel- life that we all have a stake in this. the way, there will be several speaking atively comfortable and many people Mr. Speaker, I want to just mention because this issue does not receive might not recognize that, but it is true a few statistics. I see I am joined by enough airtime in America today, this and we must address it. Drug and alco- my colleague from Tennessee [Mr. issue of drug and alcohol abuse. hol abuse is the manifestation of a WAMP], who I would like to yield to in This is an interesting fall, Mr. Speak- hopelessness that is now an epidemic in a moment, but first I will list some sta- er, because on the heels of an unprece- this country, and what we need as we tistics that were very sobering. This dented bipartisan agreement to bal- approach this next great American cen- was from a report from Columbia Uni- ance the Federal budget between the tury is a zero tolerance policy at every versity. They conducted a study that President and the Congress, the sea of level of our society on drug and alcohol states 41 percent of high school stu- public opinion is relatively calm. As a abuse. dents say they can get drugs easier in matter of fact, we heard two weeks ago Mr. Speaker, I use the two together schools than on the streets. By the national bipartisan surveys that indi- because many people talk about drug time the average teenager reaches the cated that there were no real issues abuse and they overlook the fact that age of 17, 68 percent can buy marijuana that jumped off the page in surveys in alcohol abuse is even more prevalent in within one day; 62 percent have friends the double digits when asked: What is our society than drug abuse. It is the who use marijuana; 58 percent have the number one problem in America? number two common denominator of personally been solicited to buy mari- Three issues were at 9 percent, but for violent crime in our country and vio- juana; 43 percent personally know the first time in many years the econ- lent crime is going to be an even great- someone with a serious drug problem; omy is good and people are relatively er problem as we turn this century 42 percent say that they can buy mari- comfortable, so the sea of public opin- than it is today. juana easier than beer and cigarettes. ion is relatively calm. Now, what do we need to do about it? That means youngsters throughout But let me say this, Mr. Speaker. I We need a balanced approach on sub- our country can purchase a banned, il- believe that what lurks underneath stance abuse between prevention, October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8997 treatment, and interdiction. Today, if he said, at least then, somebody was alltime high, having almost doubled my memory serves me correctly, we saying that it was important to just since 1988, and marijuana emergencies spend about $16 billion through the say no to drugs. Now, we do not have increased 22 percent between 1992 and Federal Government fighting the drug that focus, and there is something 1993. war. About 20 percent of that money is about all of us leading by example and 1995 data is even worse. The National spent on interdiction and, frankly, that hammering away at this issue that this Household Survey, released in Septem- is where we can actually document the is a national crisis, drug and alcohol ber 1995, shows that overall drug use most success at fighting the war on abuse. among kids, ages 12 to 17, jumped 50 drugs, through interdiction. It is going to take a team effort. We percent in 1994, from 6.6 to 9.5 percent. The military is doing an excellent need to get underway. I appreciate this The National Pride Survey of 200,000 job. There are four supply countries. night being a start and a step in the students shows that one in three Amer- We actually now do a better job of right direction. I commend the Mem- ican high school seniors now smokes intercepting drugs from those supply bers of this freshman class for bringing marijuana. There has been a 36-percent countries than we have ever done. The this issue to the floor, and I thank you. increase in cocaine use among students transit zone in Central America, we Mr. Speaker, I yield back to my in grades 9 through 12, from 1991 to have really restricted the transit of il- friend the gentleman from New Jersey. 1992, and hallucinogen use by high legal drugs into this country. But we Mr. PAPPAS. Mr. Speaker, I thank schoolers has risen 75 percent since 1988 are only spending 20 percent of our my friend. I hope that Mrs. Reagan is and 1989. gross resources on interdiction, yet watching. And if not, we will have to Finally, October 1995 DAWN data that is where the most success actually see that she gets a copy of this to pay says that in 1994, cocaine-related epi- is today. We need to spend more money tribute to her dedication to this effort. sodes reached their highest level in his- and help our military fight the inter- It is one that is so important. tory and registered a 15 percent in- national war on drugs. I really believe Mr. Speaker, just earlier this month crease from 1993, and a 40 percent in- that. I introduced a resolution, House Reso- crease from 1988. We are spending a lot of money on lution 267. It is a Sense of the Congress On top of this, marijuana or hashish- prevention, and I think there are ways Resolution, and it basically states and related emergencies rose 39 percent by block granting we can spend it more encourages citizens of our country to from 1993 to 1994. And total drug-relat- ed emergency room cases rose 10 per- effectively. A lot of money is being remain committed to do whatever we cent between 1993 and 1994. spent on prevention. Prevention really can to combat the distribution, sale, The reason we are here today is to starts at home. If we leave it up to the and illegal use of drugs to our Nation’s call on all Americans to join in this government to stop substance abuse, youth and by our Nation’s youth. fight against drugs. As we know, this is and we overlook the importance of the b 1915 Red Ribbon Week across America. That home, as Ronald Reagan used to say, is what those red ribbons are there for. the most important decisions in Amer- For those of my colleagues who are That is why we are calling on Ameri- ica are not made in Washington, D.C.; here who have yet to become cospon- sors of this particular resolution, I cer- cans now to join with us at this time to they are made around the dinner table fight drugs. of American families. Is that not true? tainly would encourage them to do so. Now, Mr. Speaker, I would like to But parents can also start by de- Treatment is an interesting piece of manding that their children and the this, because I believe that treatment yield to another member of our fresh- man class, my friend, the gentleman schools that they attend, that they should be available in this country to learn to be drug free. The fight against from Texas [Mr. SESSIONS]. anyone who wants it who has a sub- drugs must be waged in churches, Mr. SESSIONS. I thank the gen- stance abuse problem. But I can also schools and by every family in Amer- tleman, Mr. Speaker, for yielding to say that I believe treatment works for ica. Kids should report drug dealers to me. people who want treatment, and treat- their teachers, and parents and teach- I am glad to be here today because ment does not work for people who do ers need to do what they know is right the problem of drugs in our country is not want treatment. That sounds obvi- by leading by example and doing the dire and urgent. There is a moral crisis ous, but we are actually spending a lot right thing. And that is by saying, no. in America. of money providing treatment to peo- I also wish adults had the courage to I want to use some of the data pub- ple who do not even want to get better do the same thing. and, therefore, it is not successful. lished in a report by the House Sub- Currently, there is also a drug that Mr. Speaker, we need a balanced ap- committee on National Security, Inter- has taken hold in neighborhoods proach on all three aspects of fighting national Affairs and Criminal Justice throughout America, and this is wreak- a real war on substance abuse, I would to illustrate just how bad this moral ing havoc. This drug is called meth- say to the gentleman from New Jersey. crisis is. amphetamine or it is called speed, Not just a war of words, but a real at- The report entitled, National Drug crank or crystal. If there is a drug that tack on this. Policy: A Review of the Status of the enslaves the mind and destroys the Mr. Speaker, we need cooperation Drug War, details the startling use and soul, this is it. from the mayors who actually do not rise of drug use among Americans, all According to a report by the Drug need to be lectured by those of us in Americans, but most especially those Enforcement Administration, and I Congress. They need our help. The dis- that are young Americans. quote, the extreme agitation and para- trict attorneys need our help. We need According to the 1994 Michigan Uni- noia associated with the use of meth- the administration, the Presidential versity study, 13 percent of eighth amphetamine often leads to situations administration to cooperate. And the graders experimented with marijuana where violence is more likely to occur. Congress needs to get more serious in 1993. That is almost twice the 1991 Chronic use of methamphetamine can about this issue as we approach the level. Experimentation among 10th cause delusions and auditory halluci- turn of the century than we have ever graders increased about two-thirds the nations that precipitate violent behav- been. previous 3 years. And daily use among ior or responses. End of quote. We need to recognize this is a na- high school seniors was up by half over This is a violent drug that devastates tional crisis. It is ripping apart the the 1993 levels. Increasing use was also the user. DEA Administrator Con- fiber of our society, drug and alcohol reported in 1994, by the Drug Abuse stantine, in a statement, attested to abuse, and it is going to take a team Warning Network Data, which col- the horror of this drug, when he said, effort to fight it. The gentleman from lected data from emergency rooms and I quote, during the summer in New New York [Mr. RANGEL], who serves as around the country on drug-related Mexico a father, while high on meth- the distinguished cochairman of our emergencies in 1993. That data showed amphetamine, beheaded his 14-year-old task force, he actually has said at sev- an 8 percent increase in drug-related son. Administrator Constantine also eral meetings that he did not really ap- emergency room cases between 1992 described how a mother and 3 young preciate Nancy Reagan when she was and 1993, 45 percent of which were her- children under 5 were recently seri- First Lady, but he misses her now and oin overdoses. Cocaine was also at an ously burned when a meth lab exploded H8998 CONGRESSIONAL RECORD — HOUSE October 22, 1997 causing a fire in their home. Two of the Mr. PAPPAS. Mr. Speaker, I thank have another one coming. I know the children were rushed to the hospital in my friend from Texas for his participa- struggles that parents go through in critical condition and one died. The re- tion. We have spoken about this, and I dealing with this very, very tough sponsible father fled the scene, aban- commend him for the leadership that issue, because it truly affects all fami- doning his critically injured family be- he has shown and the legislation that I lies. fore rescue teams arrived to assist think I am an original cosponsor of. I think back during the 1980s, when I them. Mr. SESSIONS. You are. was a United States Attorney and my Methamphetamine, just like other Mr. PAPPAS. We have spoken about wife Susan was involved in ‘‘Just Say drugs, is a cancer on our society. In a number of specific areas of the coun- No’’ clubs, starting them in the 1994, there were over 700 methamphet- try and a number of drugs in particular schools, encouraging young people to amine-related deaths in the United that people are abusing. I know we think about their decision and their States. In several cities, meth-related have spoken about heroin. I know you commitment in regard to drugs. deaths are up over 50 percent in the have some thoughts. I am wondering if This last week I had a very interest- last three years. And in 1995 alone, the you would share that. ing experience. I serve on the House DEA seized 241 methamphetamine lab- Mr. SESSIONS. Yes. We have a ter- Committee on the Judiciary on the oratories. rible problem in Texas. Just outside of Subcommittee on Crime. We had a Methamphetamine is easier to manu- Dallas, in a neighboring community, hearing in the Subcommittee on Crime facture in the United States because we have had a minimum of eight her- in which we had a witness who we its precursor chemicals are more read- oin-related deaths by teenagers in the called Mr. Rodriguez, which is not his ily available. If the penalties for the last year. Of course, this is causing a real name, but he assumed that name manufacture of this killer drug do not lot of inward thought to the commu- to protect his identity. He further pro- deter its production within our bor- nity. And I want you to know that tected himself by coming to testify be- ders, how are we going to stop its ris- every single time those parents say, fore Congress with a hood over his face ing use? I think we should make pun- please talk about the problem, please to protect him further. And he was ishment more severe so that we push it tell the story, because many of them from New York City. He was in prison. out of America’s cities and towns. did not even recognize that their chil- He had pled guilty to drug trafficking. It is important to note that the dan- dren were even on drugs. So this is why He was the number two person in the ger from those chemicals used in the I think this is important. I thank you New York City branch of the Medellin manufacture of methamphetamine is for bringing that up. drug cartel out of Colombia. So he is immense. They are highly flammable Mr. PAPPAS. I thank you very about as high as one can get in that and explosive and can cause extensive much. drug structure in New York City. He testified about the drug federa- damage to first responders, including We are joined by yet another member tion, the Medellin federation. He testi- law enforcement, firefighters and civil- of our class, my friend from Arkansas. fied as to his experience, the organiza- ians, as well as devastation to our envi- I would like to yield to the gentleman tion, trying to shed some light on what ronment. from Arkansas in a moment. Congress can do, on what our country We must give law enforcement the Before I do that, I know that we all can do as we fight this devastating dis- tools to deal with this epidemic effi- have heard an awful lot about those in ease called drugs. our society that think that the answer ciently by getting those drug thugs off As he testified, he talked about his is to legalize certain drugs and that our streets. I believe that those in- organization which outmans and volved in the manufacture and dis- that will unclog our court system. And outguns law enforcement agencies on tribution of methamphetamine should I disagree. both sides of the border, both in Colom- Just last week I met with a group of spend the rest of their lives in prison. bia and here, an organization that re- police chiefs from one of my counties I have drafted a bill to do just that, the sorts to bribery, to kidnapping, to in- Speed Manufacturing Life in Prison in the district, Hunterdon County. timidation and murder to protect their Act of 1997. When I concluded my remarks and I trade and profits. This legislation will help stem the just made my last pitch, so to speak, to He described the organizational rise in methamphetamine production indicate that my door is always open structure in which we could see it, just by giving those involved in the manu- to them and I hope that they do not like any organizational chart, the facture and distribution of meth- feel that they cannot offer a suggestion Medellin federation has consultants, fi- amphetamine a mandatory sentence of or a viewpoint, if it is unsolicited, one nancial and tax, administrative, legal, life in prison. of the comments that one of the gen- political, media. They have their oper- This is just one way to address the tlemen made was that a response that ations for payments and deliveries, problem of drugs in our society. Unfor- some have to our drug epidemic of le- their security, their international op- tunately, in Washington, there are galization is not the answer, sending erations for their shipments, their New many who cannot even agree how to the exact wrong signal. York City branch. They have their dis- address the problem. I know that the gentleman from Ar- tribution outlet, their deliveries, their According to the General Accounting kansas, my friend, who is here joining warehouses and so on. Office, the bipartisan watchdog agency us has had a very distinguished career of the Federal Government, the current in many capacities. Certainly, I am b 1930 drug policy under the leadership of the glad to see him here tonight, certainly It is an organization that is as so- Office of National Drug Control Policy glad to serve with him in this House. phisticated as any business organiza- is not clear. It is not coordinated. It is Mr. Speaker, I yield to the gentleman tion in America. But what is of inter- not comprehensive, and it is not con- from Arkansas [Mr. HUTCHINSON]. est, I believe, as I talked to him, I sistent. Mr. HUTCHINSON. Mr. Speaker, I asked him four common sense ques- It is no wonder we are here tonight thank the gentleman from New Jersey. tions that I think a lot of people in calling on the families and commu- I am grateful that he has taken the America would ask someone in that po- nities of America to help us solve this leadership in addressing this very im- sition in the drug trade. problem. To save our children we will portant subject. Hopefully, by our dis- The first question I asked him was, have to all work together and, if we do cussion, we can center some legislative how would he compare the resources of that, we can ensure that the lives of activity but, most importantly, some the drug organizations to the resources our children are safer, more productive momentum in our country to reinforce of law enforcement here in the United and free of the drugs that can cripple and reinvigorate the war against drugs. States? And I asked this same question the mind and destroy the soul. I approach this subject as a former in a previous hearing to the head of the I want to thank the gentleman for Federal prosecutor, serving in the FBI, the head of the Drug Enforcement being here tonight. I want to thank my Reagan Administration as United Administration, and I got the same an- good friend from New Jersey for allow- States Attorney, but more impor- swer out of both. And the answer was, ing me the opportunity to speak on tantly, I approach this subject as a par- for Mr. Rodriguez, that he saw the re- this important subject tonight. ent. I have raised three teenagers. I sources tilting a little bit more on the October 22, 1997 CONGRESSIONAL RECORD — HOUSE H8999 side of the drug federation, the drug rural areas. So this hooded witness im- even the campaign days when this cartel, and the drug organization. pacts us all. issue would come up, it stirs emotions This flabbergasts me, that in a coun- And then I think about that young in many of us, and my perspective try as large as the United States we teenager who went to a high school in comes from, I guess, the different jobs are outgunned, we are outmanned, and Arkansas, who never used drugs, who that I have held before coming to this they have more resources on the oppo- spoke against drugs in high school, and floor, one being that of a military offi- site side. The point of that question went to a college campus and in a short cer. and answer is that we have to have a amount of time was free-basing co- We have done ourselves a great dis- commitment of resources, yes enor- caine. Why do I tell that story? It is be- service by calling this a war on drugs, mous resources, in this country to win cause this could happen to anyone, and because we have never significantly this war. we have to clean up our high schools, started a campaign. We have not iden- The next question I asked him was, we have to clean up our campuses, and tified the resources. We have not fo- what is the greatest weapon that drug we have to have an ever vigilant soci- cused the attention. We have not real- dealers fear that law enforcement has? ety in this dangerous situation. ly, unfortunately, decided to fight a And the answer surprised me. His an- How do we win the war on drugs? It war on drugs. We like to use the ver- swer was extradition. And, of course, is commitment, commitment of re- biage, and I am aghast at it. So I wish he is speaking as someone who was sources, and then I think just as impor- we would get that out of our lexicon from Colombia that is in New York tantly, it is consistency. We were until we are ready to do it, until we are City, and from the Colombia perspec- starting to make progress and win the ready to fight the war on drugs. tive, the worst thing that could happen war in the late 1980’s and early 1990’s I think three things have to be done, is that a drug dealer was extradited to and then we changed direction in 1992. and I think we are taking some steps in the United States. And as soon as we did that, the teenage the right direction, but I do not want I asked him to elaborate on that. He use of drugs went up. Marijuana, ex- skirmishes, I want a war on drugs. I said they cannot fix the system in the perimentation with cocaine went up want to drive it from the land. United States. That is what we have and we started losing. We did not have A couple of things. We need to, as we going for us, is the integrity of our jus- the resources. Now we are starting to did this year in the House, we need to tice system. We can never let our pros- get back there, but we cannot change say let us put military forces on the ecutors, our judges be attacked, our our commitment and the consistency border and stop drugs coming across system be attacked, and get in the we have to fighting this drug war. the country’s border. And on the House hands through bribery, through intimi- I know I have taken a little bit floor we said let us put 10,000 troops dation, of these drug dealers, as it has longer than I intended to. I thank the there because this is a serious conflict in other countries in South America gentleman from New Jersey. I com- that we are in and we need a serious and in Mexico. mend him for this. There is not a more commitment. So we have to do every- And then I asked him the question, important subject that we deal with in thing in our power to stop the importa- the third question, does he and his the United States Congress. But we tion of drugs from outside the Con- other drug dealers use cocaine or other have to put the resources in it, and the tinental United States. illegal drugs? And his answer was no, answer comes from every family, every Second thing is, and my colleague of course not, it is bad for business. community, every city in America who from Arkansas has had great experi- And a drug dealer has the understand- must take the bull by the horns and ence, we have to punish the drug push- ing, the sophistication, to know how deal with this important issue. ers. We need to identify them, which dangerous drugs are. And if they under- Mr. PAPPAS. Mr. Speaker, I thank we can. They are on the streets. We stand it, our young people certainly my friend, and before he leaves, I want need to arrest them. We need to lock must get that message very clearly. to compliment him not just on his them up. They need to be breaking Then the final question I asked him statements here tonight, but also I can rocks. They need to be sweeping was, what advice would he, as a person recall the early part of this year, I streets. They need to be chained up so who is waiting prison time, what ad- think the gentleman was one of the that they are an example. There is an vice would he give a young person who first members of our class that said we example, when kids see a chain gang is confronted by a drug dealer? And his need to talk about this, and I am glad sweeping the streets of drug pushers. answer was, as he stood there in prison he is here and I hope we will continue So if they do the crime, they do the garb with a hooded mask over his face, to do this. time. And, of course, we have a judicial he said, look at me, do you want to Mr. Speaker, as a Member from system that does not support that. wind up where I am? I hope our young central New Jersey, I frequently get The third thing is we just need to people can think seriously and the par- visits from students in my district. It look at ourselves. And I am going to ents can think seriously about the end is about a 4-hour drive by car or bus, say shame on my colleagues who used result of drug dealing, of using drugs. and I have been amazed at the number drugs in high school that are still abus- But he did indicate that we are mak- of students that have visited me here. ing drugs as adults. And I am going to ing progress. The encouraging word, But while I am home in New Jersey, I say shame on the entertainment indus- the sophistication of law enforcement spend an awful lot of time visiting try who glorifies the use of drugs. And in dealing with money laundering, in schools and speaking to students, all I am going to say shame on the profes- financial transactions is really making age categories, and I try to challenge sional athletes who glorify drugs or it tough on the drug dealers. So we are them and ask them the question, where abuse drugs. Because what this is all making some progress. do they see themselves in 5 years, in 10 about is our children, and they are I see when I look at the drug prob- years, in 15 years, and try to make looking at the folks in the entertain- lems, not just statistics but life sto- them realize that the choices they ment industry, they are looking at ries, and when I was a United States make now in grammar school, in mid- their parents, they are looking at attorney we looked at New York City dle school, and high school have a tre- sports leaders and idols, idolizing as a far off territory, but I can cite nu- mendous effect upon where they are them, wanting to be like them. But we merous instances in which the drugs going to be 5, 10, 15 years from now. We have adult leadership in our Nation, went straight from Colombia to New all need to challenge them. adult idols, and I hate to use the word York City and straight from New York We are joined now by another distin- ‘‘adult’’ because they are still caught City to my State of Arkansas and then guished member of our class, and I in a juvenile world that thinks drug into the hands of teenagers. It was 98 would like now to yield to my friend use is cool, and so we have to get that percent pure cocaine. And with that from Illinois [Mr. SHIMKUS]. message out. level of not being diluted, it was Mr. SHIMKUS. Mr. Speaker, I wish An ounce of prevention is worth a straight from Colombia through New to thank the gentleman from New Jer- pound of cure. We need to work on pre- York City. What happens in New York sey for running this hour for this mes- venting the first use by children of City, what happens in Chicago, what sage. It is one that I really get fired up drugs. We can stop it at the border if happens in Dallas affects us in the about. I remember harking back to we commit ourselves, we can arrest the H9000 CONGRESSIONAL RECORD — HOUSE October 22, 1997 pushers if we commit ourselves, but if we are joined by my good friend, the but the future incomes of many genera- we do not educate the children to make gentleman from Colorado, Mr. BOB tions. A child born today owes $20,000 good choices, then those others are for SCHAFFER, and I would like to yield to as his share of the present debt. Over naught. him. the course of his working life, the in- terest on that debt will amount to As a former teacher, as a West Point b 1945 graduate, we lead by example. Children $200,000. For every child in America, are crying out for leadership. They are Mr. BOB SCHAFFER of Colorado. I this means less money for their edu- crying out for good examples. And we thank the gentleman from New Jersey cation, less money for their insurance, as a society continue to fail our most for yielding and commend him for less money for their college education vulnerable, which are our children. bringing this topic to the floor and al- and instead of capital to draw on to Our message is simple: Nancy Reagan lowing us to share a little bit tonight build their families and fortunes, heavy was right. Just say no. The current ad- with each other and with the American taxes to pay off the debt. No new Fed- ministration is wrong when they laugh people about an issue that is so crucial eral youth program no matter how in- about it and they send the wrong mes- to the future of our country. I am a genious can replace the security of sage. We need to take the moral high parent of 4 children. What I bring with these essential items of self-suffi- ground. We need to talk to our kids. me here to Washington is my hopes and ciency. With such tall odds is it any We need to plead with them. We need dreams and aspirations for my children wonder that today’s youngsters feel to lead by example. We need to just say and all children just like them disconnected from society, lose hope, no. If we truly love our children, we throughout the country. Tonight we experience great anxiety, and rebel will tell them just say no. We will have focused quite a lot on the drug against the rest of us? spend time with them and we will work abuse problem and juveniles and what Worse yet, the common family feels with them. our hopes are for children in America powerless to offer answers. In 1950 the And to the gentleman from New Jer- and I want to talk about that and what median family of 4 paid just 3 percent sey, I again thank him for this oppor- we can do as conservatives and as Re- of its income to the Federal Govern- tunity. It helps air out some major publicans here in this Congress and ment in taxes. Today that figure has risen to 24 percent. When State and concerns that I have that I do not get focus for a moment, if you will, on local taxes are thrown in, the typical to address many times in some of the some of the programs that exist. But family of 4 now pays 40 percent of its other forums. again with the underlying thought income in taxes to the government. One of these days, and I just hope we being, what is it that we can best do to The results of this disastrous policy get serious and that we will move in safeguard the future for our children in are only too apparent. Even as its puni- the right direction. As I see so often in a positive and constructive way? Mr. Speaker, government programs tive tax policy discourages child this body, we really have no national rearing by traditional middle class policy on specific issues. We pick here are nice. In fact some even work. But when it comes to improving the gen- families, the Federal Government con- and we pick there and there is no co- tinues to subsidize illegitimacy and eral virtue of American children, few ordination. I would ask the drug czar broken homes. By placing crippling fi- things matter more than fathers, faith to be a little bit more coordinating in nancial burdens on two-parent fami- and fortune. Sure, there are examples these efforts. lies, our government is essentially en- of public programs that have turned Mr. PAPPAS. I thank the gentleman gineering social collapse. One need from Illinois, and knowing of his fam- around the lives of youngsters, stood in only consider the current juvenile ily and seeing him with his boys here where families were nonexistent or pro- crime statistics. Teenagers account for sometimes on the floor of the House, I vided support where it was needed the largest portion of all violent crime know what he has said is heartfelt. most. Virtually every social worker in America. In 1995, those under the Mr. Speaker, Monday, when we had and counselor I have ever met genu- age of 18 were responsible for almost 2 that hearing back in my district in inely cares about the youth they serve million violent crimes, more than one- Freehold Borough High School, I men- and are dedicated to straightening out fifth of all violent crime. It is reason- tioned that there were some students juvenile lives. able to ask, where are their parents? from three or four different schools in However, after 10 years in public While marriage and the stable two-par- my district. One of them was the service as a Colorado State Senator ent family remain the most essential Manalapan Township High School, and and a United States Congressman, I and central social unit in America, there were eight students interested in have come to the frank conclusion that outrageous rates of divorce and out-of- coming forward and speaking their too many government programs aimed wedlock births are destroying this cru- minds, and I would like to mention a at helping wayward youths fall far cial institution and weakening the de- couple of the things they said, because short of achieving their noble goals. velopment of the next generation. More it really bears repeating. The anecdotal stories of adolescents and more children must grow up with Several of them said that we need to rescued from their troubled settings little guidance from a parent who loves put more emphasis on stopping drugs are regarded by grant writers and poli- them. Youth violence is dominated by from coming across the border, north ticians to be all that is necessary to boys. More murder and robbery is com- or south. Many of them mentioned that justify heftier appropriations from pub- mitted by 18-year-old males than any in their opinion the education system lic coffers. Yet what public officials other group. Research tells us the like- does not solve anything; that there frequently fail to consider are the un- lihood that a young male will engage needs to be more younger people closer told millions of young Americans in criminal activity doubles if he is to their age to speak to them about robbed of economic opportunity by the raised without a father and triples if he why doing drugs is not going to do any- mammoth bureaucracies inevitably lives in a neighborhood with high con- thing for them in their future. created by an expanding welfare state. centrations of single-parent families. Some view that the discipline that Always I ask how much a juvenile 72 percent of adolescent murderers they are given is not very good. One of program spends per successful case. grew up without fathers and 60 percent the students spoke that there is a The calculation more often than not is of America’s rapists grew up in homes smoking area outside of the school dismaying. More vexing is the fre- without fathers. where some of the students congregate quency of the worn retort, ‘‘But, Con- On the other hand, children living to smoke and a teacher or guard gives gressman, if it helps only one child, with both biological parents are up to them some sort of a detention slip as isn’t that worth it?’’ When will we ever 4 times less likely than other children punishment, and that they believe, the wake up and realize that our govern- to have been expelled or suspended students believe, that more needs to be ment spends too much on a welfare from school. The tax burden on fami- done to prevent even kids from smok- state that hurts children by making lies with children has raised the cost of ing, which I believe is illegal for mi- bureaucrats the gatekeepers of prosper- having children and forced many cou- nors. ity? The national debt has soared as a ples to endure a tradeoff between time I will speak about some of their other direct result of unbridled spending at home and time spent at work earn- suggestions a little bit later, but now jeopardizing not only present income, ing money to support the family. The October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9001 tax system no longer helps families of their own to constitute true charity, and they olds today say they can buy marijuana raising young children. Rather than de- are incapable of instilling the faith upon which within a day. That is half of our young fend the family and encourage mar- our forefathers built a great nation. people. 76 percent of high school stu- riage, the Tax Code does just the oppo- The only thing bureaucracies do well is dents and 46 percent of middle school site. That is primarily due to the ero- spend other peoples' money, and they do it students say that drugs are kept or sion of the personal exemption by in- with reckless abandon on the chance that a used or sold on school grounds. 29 per- flation and steep increases in payroll program or two will actually hit its mark. That cent of high school students and 12 per- taxes. chance is far too great when a child's future cent of middle school students say that Simply put, children need fathers. stands in the balance. a student in their school died in the They need parents at home. They need Sure government should legitimately con- past year from an accident related to an America offering economic promise, tinue to maintain a minimal safety net to save alcohol or drugs, an astounding figure. which strengthens the lot of parents children from poverty, and protect their phys- 56 percent of high school students and and a society providing hope for eco- ical health, etc. But if America is serious about 24 percent of middle school students nomic participation, particularly at a reserving moral decay and social disintegra- have attended a party in the past 6 young age. But economics is not the tion for the sake of juvenile behavior we need months where marijuana was available. only place pro-family leaders should to find ways to allow private, and faith-based 41 percent of high school students and look for solutions. America’s moral de- charities to lead the way; for only they are un- 18 percent of middle school students cline is more often cited by experts as restrained in conveying family values and have reported seeing drugs sold in the fundamental cause of family insta- moral precepts in godly terms that children school or on school grounds. High bility. More than 4 out of 5 Americans, need and understand. Moral absolutes are school students say that 50 percent of that is 83 percent, when polled, say good but rarely exist in government settings. their peers are using drugs at least they are deeply concerned about our America's youth deserve a country that be- monthly. 35 percent of teens cite drugs moral and religious well-being as a Na- lieves the Right to pursue Happiness is for as the most important problem they tion. They know we will never effec- real, that this right is unalienable, endowed by face. tively reach out to America’s youth by God and secured for every child. They de- Every youth group that I speak to, avoiding the essential challenge, the serve an America where government rewards and I never turn one down, and some lack of spiritual life in society. honest hard work and respects the authority of we organize and we bring them into our As elected representatives, all politi- families, where they are not unjustly taxed and district from schools all over our con- cal leaders ought to be able to discuss where jobs are not regulated away. gressional district. We used to do it in the need for spiritual renewal. And we For juveniles to behave like Americans, they the Senate district when I served in should not be ridiculed and castigated must be allowed to embrace the American State government, and we have panels for discussing the spiritual life of our Dream. They must be treated like real Ameri- of issues where we are teaching them society. Clearly our moral problems cans and given the moral backing to thrive in about government and talking about are too great to remain silent. Fortu- a free society full of opportunity. issues, the number one issue they want nately, where matters of faith are con- Mr. PAPPAS. I thank the gentleman to talk about is drugs. Why is it that cerned, things are frankly not as bad as from Colorado for his enthusiastic young people bring it up again and the media would have us believe. The comments and his dedication to his again? Because they are scared, be- fact that the majority of adults in this family and to our country. cause they know in some instances country believe there is a moral crisis I yield to my friend from Pennsylva- that they do not do drugs and that in America is pressing policymakers to nia [Mr. PETERSON]. they do not participate in alcohol. the conclusion that there are definite Mr. PETERSON of Pennsylvania. I They are looked at as some kind of a rights and wrongs when it comes to im- would like to thank and congratulate square, they are not cool, they are not morality. On increasing occasions, the gentleman from New Jersey for ini- part of the in group. There is a little politicians are hearing from constitu- tiating this hour and this issue that we bit of good news. In 1996, there may ents their belief in the values of faith, are talking about, I believe the most have been some good news. Our overall family, community, responsibility, ac- important issue facing this country. current has remained about the same countability, and they desperately Our children, our young people, our fu- as last year and currently illicit drug want others, particularly their elected ture and the problem they face of drug use among teens 12 to 17 years old ap- representatives, to believe in them, use, which has just grown immensely. pears to have declined for the first too. They have often talked about a war. I time since 1992. However, current drug For America’s youth, inclusion in a have not seen a war. As I look back on use among 18 to 25-year-olds is still on pious society is perhaps the greatest war, it is life and death. It is fighting the rise. While teenage use of mari- hope. It is clearly here where we can do till death takes over, or we win the juana in the past month appears to the most to stem juvenile violence. A war. I have not seen a war in this coun- have declined, in 1996 first-time use of recent survey found that 93 percent of try. We may have called it a war, but heroin and cocaine has increased. Her- the American people believe in God. it is a life and death issue, and I have oin and cocaine is in our small towns. Historian Will Durant once concluded not seen many leaders in this country It is in rural America. It is not just in that the soul of the Nation is its reli- that have made drugs a life and death the cities. Many people made fun of or gion. By that standard the American issue. made light of the Just Say No cam- people are returning to the divine in When we look at what goes on with paign. But as we look back, even those record numbers. It would be the height professional sports today, how many who criticized it at the time realized it of abuse if children were denied the football players in the National Foot- was a crystal clear message. There was chance to know the God who made ball League and the National Basket- no way you could dispute it. There was them and the glorious truth of His ball Association and Major League no way you could not understand. presence among us today. Baseball which is holding a World Se- During that period of time, drug use On this point it becomes apparent ries game tonight, how many of their was really declining. We were making that despite the best intentions of the players have had multiple drug use, major progress. And then we come to Federal Government, this government have been arrested for drugs, have sold the current administration, the Clin- is unable to fully embrace wayward drugs and continue after some short ton-Gore administration. Since they youths in the wholesome custom that penalty to be a leader in this country, have been in office, marijuana use is up American people deep down know is a model that our young people look up 140 percent. LSD use overall is up 183 needed. The notion of it takes a village to and they have had multiple drug percent. Use of LSD has reached its is an errant message for Americans crimes, multiple instances where they highest rate since they began keeping precisely because in America the vil- have used drugs in this country, a ter- statistics in 1975. Fully 11.7 percent of lage is too big and too impersonal to rible example that we have allowed. the class of 1995 have tried it at least really care. Television and the movie industry once, LSD. And we all know the dan- Public institutions and bureaucracies cannot have glorified drug use. The results of gers of that drug. The number of co- love. They possess no resources or emotion that have been 47 percent of 14-year- caine and heroin-related emergency H9002 CONGRESSIONAL RECORD — HOUSE October 22, 1997 room admissions has jumped to his- attention to, and I hope that we can boards. It says ‘‘Warning: If you bring toric levels. Perhaps most troubling is continue to have a dialog about what illegal drugs into South Dakota, plan the rise in teen drug use during the we might do as a country, as commu- to stay a long, long time.’’ It looks Clinton administration. The number of nities, as families, as churches, to at- something like this, but you will see it 12 to 17-year-olds using marijuana has tack this problem and deal with it in a anyplace you enter our state. doubled. Teenage use of cocaine is up very realistic way. These signs are not the result of 166 percent. Mr. PAPPAS. Mr. Speaker, I thank some piece of Federal legislation, they I think a lot of that has been this the gentleman, and I hope that this is are not the result of some Federal ambiguous message, no clear message. the beginning of how our House can grant or program. Every billboard is What are the costs? The costs are continue to focus on this most impor- sponsored by a local business. No tax unmeasurable. Loss of loved ones. How tant issue. dollars are used. It is an effort coordi- many of us know a friend who has died? f nated with the state, with local busi- How many of us know a family who has nesses and the cooperation of the pri- THE WAR ON DRUGS IN AMERICA lost a child? The juvenile suicide rate vate sector, to keep drugs out of our has skyrocketed. I have two grand- The SPEAKER pro tempore (Mr. states and out of our communities. daughters, Tara and Nicki. Tara is in BRADY). Under the Speaker’s an- South Dakota is doing other things seventh grade and Nicki is in fourth. nounced policy of January 7, 1997, the as well, particularly in the area of our My number one concern as a grand- gentleman from South Dakota [Mr. schools. In the largest city in our parent is their exposure to drugs in THUNE] is recognized for 60 minutes as state, police officers are not only fight- school because they are there. The the designee of the majority leader. ing drugs from the police department. school administration last year Mr. THUNE. Mr. Speaker, my friend They are fighting the war from the thought I was overevaluating the issue. from Pennsylvania [Mr. PETERSON] and hallways of the city’s high schools. But last spring at the close of the year, I would like to carry on a little bit of Each high school has its own full- time police officer. Each officer has an two 6th graders were arrested with this discussion on drug use in America. office at the school. When they walk drugs. The greatest problem facing this As I mentioned just previously, we their beat, they are walking past lock- country is out of control use of drugs. have seen in my state of South Dakota ers, past the gymnasium, into the Our young people are exposed to it on drug use rise in a dramatic way. The school parking lot, and back through a daily basis. It is an issue that we number of arrests has almost tripled in the last four years’ time. the cafeteria. must make the number one issue in The students do not just see the cops this country. We must start a war on I want to draw particular attention to one instance that I was recently in- when the law is broken. They see offi- drugs. cers every day under all kinds of cir- Mr. PAPPAS. Mr. Speaker, I get the formed about, which is a good example of this. In July of 1995, drug agents in cumstances in the hallways at their same thing from students in my dis- schools. These officers are forming trict. It is the number one issue as Lincoln County, South Dakota, got warrants to search a home in the City bonds with kids, and kids are learning well. I now want to turn to the gen- the very fundamental fact that cops tleman from South Dakota [Mr. of Worthing. Now, Worthing is not what you would are not bad people. THUNE] and yield to him. These officers are also able to keep call a hot bed of criminal activity. It Mr. THUNE. I thank the gentleman an eye on drug traffic in the schools had a population of 371, but even Wor- from New Jersey for yielding and cred- while keeping an eye on the kids. They thing, South Dakota, is not immune to it him with the great work he has done talk to students, they talk to parents, the problem of drugs. in introducing a resolution which I they talk to teachers, and they all When agents entered the home they think calls attention not only to the work together to keep our schools drug found what you might expect to find in problem, helping define the problem, free. but also in terms of the solutions and any home around this country, and People in South Dakota are working where we need to look for solutions. I that is someone cooking. The only dif- at every level to fight the war on am proud to be a part of the effort to- ference was this person was using a drugs. Not long ago a 15 year old came night to draw attention to this impor- recipe from something called the Anar- to the attention of the South Dakota tant issue. If we look at what the fu- chist Cookbook. He was not cooking Juvenile System. She was running ture of our country depends upon and with food, he was cooking with chemi- away from home, skipping school, where America is headed, I do not cals. When agents entered that home in using drugs and drinking. think there is any problem that is Worthing, a community of 371 people, But instead of just locking her up more pervasive and more terrifying they found the beginnings of a meth- and then releasing her a few hours than is drug use in this country. Sub- amphetamine lab. The man in the later, the State of South Dakota tried stance abuse is clearly public health home had a wide array of chemicals a new and novel approach. She was put enemy number one. spread out, and he was trying various in a treatment and counseling pro- If we look at the effects, they are combinations, trying to come up with gram. Shortly thereafter, she discov- seen in our Nation in so many different the perfect recipe to cook up a good ered she was pregnant. Counselors ways, from crime, to violence, to wel- batch of meth. worked with her and with her family to fare dependency, to divorce, family Well, eventually he did find the right help her quit drinking and taking breakup, domestic violence, child recipe. I am happy to report, thanks to drugs. She was then placed in a long- abuse, high health care costs, the South Dakota law enforcement agen- term counseling program. She had her spread of AIDS and other sexually cies, he is now serving a second stint in baby and went on to live, with the sup- transmitted diseases. The cost to our the South Dakota State Penitentiary. portive family members, who helped society according to a recent estimate But it goes to show that no city, no her through the recovery and counsel- is some $400 billion a year. matter how large or how small, is im- ing stages of the process. She went mune from the problem of drugs. b back to school and graduated. 2000 That does not mean our communities Recently she and her baby showed up I have always thought that my State cannot fight back. There are important at the South Dakota Division of Alco- of South Dakota, is somewhat immune initiatives going on all over our State, hol and Drug Abuse to thank those from these pressures, but we are seeing I believe all over this country, that are very people for helping her to get her an increasing evidence of drug use attempting to address this important life back on track. there as well. In fact, drug-related ar- problem in ways that are very prac- These people are trying new pro- rests have risen dramatically. In 1991, tical, very realistic, and I think get at grams which bring judges, police offi- there were 1,308 drug related arrests. In the heart and the core of what the cers, teachers, parents and problem 1995, there were 3,000. We are seeing a problem is. children together to deal with the pervasive problem all over the country. If you drive into South Dakota problem when it starts. Hopefully this It is something that I want to credit today, you will see when you arrive on young woman will go on to lead a pro- my friend from New Jersey for drawing the interstate one of 14 different bill- ductive and fulfilling life. The drug October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9003 war, I think we all have to keep in cans, and especially in rural America, closed her private airport in a little mind, is not going to be an easy war to are willing to admit to the problem. I town of 1,000. The reason she closed it win. But by bringing parents and chil- think everybody knows there is drug was too many small planes were com- dren and communities together, we can usage in our rural schools. I think ev- ing in and big cars and she didn’t know work to keep drugs out of our commu- erybody knows there is some drugs in who they were meeting them. It was a nities and out of our children’s lives. our small towns. But I don’t think they little grass strip in the country, but I might also add that I think it is im- are willing to quite accept the im- she allowed people to use it. It was a li- portant and it has been mentioned pre- menseness of it, the gravity of it, how censed, legal airport, long enough and viously this evening, that we have to much of it is really going on there. in a good location. She closed that air- somehow get the message through to We really have a population across port because she had a sense that drugs our children before they make the deci- America of people raised in the sixties, were being delivered there. sion to try and experiment with drugs. and some of those people have never They came in at the inappropriate To do that, I think we have to let par- stopped using drugs. So here we have times and they quickly sped away after ents be parents and give them more families raising children where drug they met the airplane and there were time to spend with their kids. use has never ceased since the sixties. people who have since lobbied her that We are working in a very intensive They have continued to use some form they sure miss that airport. With the and conscious and deliberate way in of illegal drugs because they are small airports across America, it is this body as the Republican leadership hooked, and they have not admitted very easy to fly a large amount of to allow parents in this country to that it is a problem in their lives. But drugs into our communities very eas- keep more of what they earn, so they it is. ily. do not spend all their time working Last year, I visited a high school The other problem that rural com- three or four jobs, so they have more close to home, and was concerned munities face, and I am again speaking quality time to spend with their kids. about some information I had received in a Pennsylvania perspective, more We tried to provide education tax in- about the availability of drugs within than once as a State Senator I brought centives so that young people today the block of the school, about the the State strike force, the narc units will see hope and an opportunity to go availability of drugs in the junior high in, and more than once they told the to college, to go on, to continue their school, and so when I made that visit, local police they would hang around a education and lead productive lives. I questioned do you bring in dog teams, while to appease the Senator, but they Ultimately the best deterrent that we do you check lockers, do you really were going back to the urban-suburban have for drug use in this country is the make sure that drugs are not kept areas where they were really fighting family. It is the family more than any- here? the war on drugs. They didn’t want to thing else, that helps us shape and de- I was told in Pennsylvania, you can- be in rural America. fine the values of our culture and of not do that. It is different State by I do not personally think in a lot of the next generation. State. We have had a recent court case cases, small rural towns have the same I believe, we need to continue to in Pennsylvania that has somewhat ability. When you look at a small po- work at that level, in families, in put the fear in the hearts of adminis- lice force of 10 people, you cannot use churches, in communities with individ- trators and school principles, that they them as narc agents. You cannot have uals, law enforcement people, working will be sued if they do that. them investigating in the school and together, to try and discourage kids I am sort of an adventure type. I said places undercover with young people to from experimenting with drugs in the I would get sued if it meant keeping find out or in the local pubs where first place. I look at my two young drugs out of the school, making sure drugs are often sold. You cannot have girls who are seven and ten, and the that every locker, you don’t have to them, you have to have strangers, you temptations that are out there today really search, you bring in a good dog have to have people who know what are pervasive, and they are something and you will know if there are drugs in they are doing. It is a very dangerous that is an incredible pressure that I be- that school, what backpack they are business. lieve all our young people have to deal in, what locker or desk they are in. with in a way we did not when I was That is just that easy. But that is not So I think another area we need to growing up. common practice in many schools. take a hard look at is, does rural But even in our state of South Da- I think sometimes school boards are, America have the same ability to fight kota we are seeing an increasing use. It again, and school administrations, are back that urban-suburban America is a problem which is drawing a consid- not willing to admit, I know last year has. I think some people think it is erable amount of attention all over when I questioned sixth and seventh their problem; it is not ours, but I want this country, and I think that we need grade having the problem equally to to tell you, I think drug use is almost to look, again, into the areas that ulti- junior high and senior high, I was dis- as prevalent in rural America today as mately are going to be responsible for puted with that. But then last year, is in urban-suburban America. That is solving this problem, not some big gov- several young people in sixth grade my own personal view from my own ex- ernment solution, but people working were caught with drugs and were ar- periences as a parent, as a grandparent, together in a constructive, practical, rested and were prosecuted. and as a community leader before I was real way, that meets the needs of peo- It is clear now. They are afraid of the involved in State and Federal Govern- ple where they are at. ACLU. They are afraid of the legal ment. I appreciate again the opportunity to community out there who is going to It is an issue that I think we just discuss this issue this evening. It is a nail them. I think that is unfortunate. have to start a war on drugs. We have very important one to me, being a fa- We somehow need to untie our super- never fought a war on drugs. We may ther, a parent of young children, who intendents’, our administrators’ hands, have had a few skirmishes, a few argu- are entering that age of their lives so they can take whatever means are ments. We may have spent some re- when they are going to be faced with necessary to make sure that weapons sources, but when you look at how these pressures, and I know my good and drugs and stolen property is not much resources, I will go back to some- friend from Pennsylvania, Mr. PETER- being stored on school property. thing I was talking about earlier. SON, feels very deeply about this. I I think in some cases young people In the first days of this administra- would be happy at this point to yield to can harbor those things easier in a tion, the President cut the drug czar’s him. school where searches are not done and office by more than 80 percent and the Mr. PETERSON of Pennsylvania. Mr. dog teams are not brought in than they administration cut DEA by 227 agents. Speaker, it is certainly, again, a privi- can at home, and that is very unfortu- Total funding for drug interdiction in lege to say a few more things. I ran nate. It is interesting. I was talking to the Caribbean, that includes DOD, short of time here a while ago and a lady at a restaurant that I stopped at Coast Guard, Customs, DEA and the didn’t get to say some of the things I to pick up something on the way to the State, dropped by more than 40 percent wanted to mention. I think one of the airport the other day coming in to ses- from ’92 to ’95. However, the $1.6 billion issues we face is that not all Ameri- sion this week, and she said to me she the President recently requested for H9004 CONGRESSIONAL RECORD — HOUSE October 22, 1997 interdiction is still less than the $2 bil- the bill (H.R. 2107) making appropria- That the House recede from its disagree- lion spent by the previous administra- tions for the Department of the Inte- ment to the amendment of the Senate num- tion in 1991. rior and related agencies for the fiscal bered 14, and agree to the same with an I guess I would like to come back and year ending September 30, 1998, and for amendment, as follows: include in my comments that Con- In lieu of the sum proposed by said amend- other purposes: ment insert: $45,006,000; and the Senate agree gressmen need to speak out, State CONFERENCE REPORT (H. REPT. 105–337) to the same. leaders need to speak out, and this ad- The committee of conference on the dis- Amendment numbered 15: ministration needs to speak out. We agreeing votes of the two Houses on the That the House recede from its disagree- need to have a crystal clear voice to amendments of the Senate to the bill (H.R. ment to the amendment of the Senate num- America that drugs are bad. 2107) ‘‘making appropriations for the Depart- bered 15, and agree to the same with an I know when I speak to youth groups, ment of the Interior and Related Agencies, amendment, as follows: I tell them as straight as you can tell for the fiscal year ending September 30, 1998, In lieu of the sum proposed by said amend- them, there is no upside to doing drugs; and for other purposes,’’ having met, after ment insert: $4,228,000; and the Senate agree there is no win to doing drugs. It is a full and free conference, have agreed to rec- to the same. Amendment numbered 17: lose-lose-lose proposition. ommend and do recommend to their respec- tive Houses as follows: That the House recede from its disagree- b 2015 That the Senate recede from its amend- ment to the amendment of the Senate num- Until we get that message to our ments numbered 4, 6, 7, 13, 28, 30, 35, 40, 54, 61, bered 17, and agree to the same with an amendment, as follows: young people, until they understand 91, 95, 106, 131. That the House recede from its disagree- In lieu of the sum proposed by said amend- that that good feeling they have for a ment to the amendments of the Senate num- ment insert: $62,632,000; and the Senate agree few moments, that they are going to bered 2, 5, 10, 16, 18, 20, 25, 31, 33, 38, 39, 41, 44, to the same. end up with a brain that is sub-par, 45, 46, 47, 48, 49, 52, 53, 56, 58, 59, 60, 62, 63, 64, Amendment numbered 19: they are going to end up with all kinds 66, 71, 72, 73, 75, 76, 79, 85, 86, 92, 94, 100, 107, That the House recede from its disagree- of health problems, and the juvenile 112, 113, 116, 117, 119, 120, 122, 123, 125, 126, 127, ment to the amendment of the Senate num- suicide rate in this country is very 133, 135, 139, 140, 141, 145, 147, 148, 149, 154, 155, bered 19, and agree to the same with an much related to drugs and the abuse of 159, 160, and 161; and agree to the same. amendment, as follows: drugs and alcohol. Amendment numbered 1: In lieu of the sum proposed by said amend- That the House recede from its disagree- ment insert: $11,700,000; and the Senate agree I think we must always remember to the same. that the most abused drug in this coun- ment to the amendment of the Senate num- bered 1, and agree to the same with an Amendment numbered 21: try is alcohol. All of us have lost amendment, as follows: That the House recede from its disagree- friends and loved ones to drugs, hard In lieu of the sum proposed by said amend- ment to the amendment of the Senate num- drugs, but we have lost many friends ment insert: $583,270,000; and the Senate bered 21, and agree to the same with an and associates to alcohol. agree to the same. amendment, as follows: Mr. THUNE. Mr. Speaker, I thank Amendment numbered 3: In lieu of the sum proposed by said amend- the gentleman. I would simply add that That the House recede from its disagree- ment insert: $1,233,664,000; and the Senate this is, again, an important subject, ment to the amendment of the Senate num- agree to the same. one on which I think most of us agree bered 3, and agree to the same with an Amendment numbered 22: amendment, as follows: That the House recede from its disagree- we need to do something, and the cur- ment to the amendment of the Senate num- rent approaches have not worked very In lieu of the sum proposed by said amend- ment insert: $583,270,000; and the Senate bered 22, and agree to the same with an effectively. agree to the same. amendment, as follows: Frankly, again, it is something Amendment numbered 8: In lieu of the matter stricken and inserted where we need to work together. As the That the House recede from its disagree- by said amendment, insert: $44,259,000, of gentleman mentioned, I think, when he ment to the amendment of the Senate num- which $4,500,000 is for grants to Heritage areas speaks to young people, one of the best bered 8, and agree to the same with an in accordance with section 606 of title VI, divi- jobs I have in this position is being amendment, as follows: sion I and titles I–VI and VIII–IX, division II of able to talk to young people around In lieu of the sum proposed by said amend- Public Law 104–333 and is; and the Senate this country about how important it is ment insert: $120,000,000; and the Senate agree to the same. Amendment numbered 23: that they make decisions that are agree to the same. Amendment numbered 9: That the House recede from its disagree- based upon something other than the That the House recede from its disagree- ment to the amendment of the Senate num- temptation to use drugs. ment to the amendment of the Senate num- bered 23, and agree to the same with an I think as we, again, debate this, we bered 9, and agree to the same with an amendment, as follows: have an opportunity. We have to be amendment, as follows: In lieu of the sum proposed by said amend- role models from the top down. People In lieu of the sum proposed by said amend- ment insert: $40,812,000; and the Senate agree who are in public life, athletes, every- ment insert: $11,200,000; and the Senate agree to the same. body else, has a responsibility in our to the same. Amendment numbered 24: culture to try and help define the val- Amendment numbered 11: That the House recede from its disagree- ues that our young people adopt. They That the House recede from its disagree- ment to the amendment of the Senate num- ment to the amendment of the Senate num- bered 24, and agree to the same with an are very impressionable at that age. bered 11, and agree to the same with an amendment as follows: As I speak with young people in my amendment, as follows: In lieu of the sum named in said amend- State of South Dakota, that is some- In lieu of the sum proposed by said amend- ment insert: $4,200,000; and the Senate agree thing that is very important to me to ment insert: $594,842,000; and the Senate to the same. be able to convey, a message that it is agree to the same. Amendment numbered 26: important that we establish a tone, set Amendment numbered 12: That the House recede from its disagree- a tenor, where we discuss values, and That the House recede from its disagree- ment to the amendment of the Senate num- where things like drug use are discour- ment to the amendment of the Senate num- bered 26, and agree to the same with an aged at a very early age, and we stop it bered 12, and agree to the same with an amendment, as follows: amendment, as follows: In lieu of the sum proposed by said amend- at the point of decision. I think that is In lieu of the matter stricken and inserted ment insert: $214,901,000; and the Senate something that we have a very intense by said amendment, insert the following: , agree to the same. commitment to. I know the members and of which not to exceed $5,190,000 shall be Amendment numbered 27: of our class who have spoken here this used for implementing subsections (a), (b), (c), That the House recede from its disagree- evening are certainly interested in that and (e) of section 4 of the Endangered Species ment to the amendment of the Senate num- subject. Act of 1973, as amended: Provided, That the bered 27, and agree to the same with an f proviso under this heading in Public Law 104- amendment, as follows: 208 is amended by striking the words ‘‘Edu- In lieu of the matter stricken and inserted CONFERENCE REPORT ON H.R. 2107, cation and’’ and inserting in lieu thereof ‘‘Con- in said amendment, insert: : Provided, That DEPARTMENT OF THE INTERIOR servation’’, by striking the word ‘‘direct’’ and $500,000 for the Rutherford B. Hayes Home; AND RELATED AGENCIES APPRO- inserting in lieu thereof the word ‘‘full’’, and by $600,000 for the Sotterly Plantation House; PRIATIONS ACT, 1998 inserting before the period ‘‘, to remain avail- $500,000 for the Darwin Martin House in Buf- able until expended’’; and the Senate agree to falo, New York; $500,000 for the Penn Center, Mr. REGULA submitted the follow- the same. South Carolina; and $1,000,000 for the Vietnam ing conference report and statement on Amendment numbered 14: Veterans Museum in Chicago, Illinois shall be October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9005 derived from the Historic Preservation Fund That the House recede from its disagree- and Preserve, for which all current owners (or pursuant to 16 U.S.C. 470a: Provided further, ment to the amendment of the Senate num- the bankruptcy trustee as provided hereafter) of That $3,000,000 for the Hispanic Cultural Cen- bered 57, and agree to the same with an each such claim (for unpatented claims, owner- ter, New Mexico, is subject to authorization: amendment, as follows: ship as identified in recordations under the min- Provided further, That none of the funds pro- Restore the matter stricken by said ing laws and regulations) consent to such vest- vided in this Act may be used to relocate the amendment amended to read as follows: ing in writing to the Secretary of the Interior Brooks River Lodge in Katmai National Park SEC. 107. In fiscal year 1998 and thereafter, for within said 90-day period: Provided, That in the and Preserve from its current physical location; those years in which the recreation fee dem- case of a mining claim in the Kantishna Mining and the Senate agree to the same. onstration program authorized in Public Law District that is involved in a bankruptcy pro- Amendment numbered 29: 104–134 is in effect, the fee collection support au- ceeding, where the bankruptcy trustee is a hold- That the House recede from its disagree- thority provided in 16 U.S.C. 460l–6(i)(1)(B) ap- er of an interest in such mining claim, such con- ment to the amendment of the Senate num- plies only to parks not included in the fee dem- sent may only be provided and will be deemed bered 29, and agree to the same with an onstration program, and that the amount re- timely for purposes of this section if the trustee amendment, as follows: tained under this authority to cover fee collec- applies within said 90-day period to the bank- In lieu of the sum proposed by said amend- tion costs will not exceed those costs at the non- ruptcy court or any other appropriate court for ment insert: $143,290,000; and the Senate demonstration parks, or 15 percent of all fees authority to sell the entire mining claim and to agree to the same. collected at non-demonstration parks in a fiscal consent to the vesting of title to such claim in Amendment numbered 32: year whichever is less. Fee collection costs for the United States pursuant to this section, and That the House recede from its disagree- parks included in the fee demonstration pro- that in such event title in the entire mining ment to the amendment of the Senate num- gram will be covered by the fees retained at claim shall vest in the United States 10 days bered 32, and agree to the same with an those parks. after entry of an unstayed, final order or judg- amendment, as follows: And the Senate agree to the same. ment approving the trustee’s application: Pro- In lieu of the sum proposed by said amend- Amendment numbered 65: vided further, That the United States shall pay ment insert: $759,160,000; and the Senate That the House recede from its disagree- just compensation to the aforesaid owners of agree to the same. ment to the amendment of the Senate num- any valid claims to which title has vested in the Amendment numbered 34: bered 65, and agree to the same with an United States pursuant to this section, deter- That the House recede from its disagree- amendment, as follows: mined as of the date of taking: Provided further, ment to the amendment of the Senate num- Retain the matter proposed by said amend- That payment shall be in the amount of a nego- bered 34, and agree to the same with an ment amended to read as follows: tiated settlement of the value of such claim or amendment, as follows: SEC. 118. Any funds made available in this Act the valuation of such claim awarded by judg- In lieu of the sum proposed by said amend- or any other Act for tribal priority allocations ment, and such payment, including any deposits ment insert: $145,159,000; and the Senate (hereinafter in this section ‘‘TPA’’) in excess of in the registry of the court, shall be made solely agree to the same. the funds expended for TPA in fiscal year 1997 from the permanent judgment appropriation es- Amendment numbered 36: (adjusted for fixed costs, internal transfers pur- tablished pursuant to section 1304 of title 31, That the House recede from its disagree- suant to other law, and proposed increases to United States Code, and shall include accrued ment to the amendment of the Senate num- formula driven programs not included in tribes’ interest on the amount of the agreed settlement bered 36, and agree to the same with an TPA base) shall only be available for distribu- value or the final judgment from the date of amendment, as follows: tion— taking to the date of payment, calculated in ac- In lieu of the sum proposed by said amend- (1) to each tribe to the extent necessary to pro- cordance with section 258a, title 40, United ment insert: $137,521,000; and the Senate vide that tribe the minimum level of funding rec- States Code: Provided further, That the United agree to the same. ommended by the Joint-Tribal/BIA/DOI Task States or a claim owner or bankruptcy trustee Amendment numbered 37: Force on Reorganization of the Bureau of In- may initiate proceedings after said 90-day pe- That the House recede from its disagree- dian Affairs Report of 1994 (hereafter ‘‘the 1994 riod, but no later than six years after the date ment to the amendment of the Senate num- Report’’) not to exceed $160,000 per tribe; and of enactment of this section, seeking a deter- bered 37, and agree to the same with an (2) to the extent funds remain, such funds will mination of just compensation in the District amendment, as follows: be allocated according to the recommendations Court for the District of Alaska pursuant to the In lieu of the sum proposed by said amend- of a task force comprised of 2 designated Federal Declaration of Taking Act, sections 258a–e of ment insert: $68,574,000; and the Senate agree officials and 2 tribal representatives from each title 40, United States Code (except where incon- to the same. BIA area. These representatives shall be selected sistent with this section), and joining all owners Amendment numbered 42: by the Secretary after considering a list of of the claim: Provided further, That when any That the House recede from its disagree- names of tribal leaders nominated and elected such suit is instituted by the United States or ment to the amendment of the Senate num- by the tribes in each area. The list of nominees the owner or bankruptcy trustee, the United bered 42, and agree to the same with an shall be provided to the Secretary by October 31, States shall deposit as soon as possible in the amendment, as follows: 1997. If the tribes in an area fail to submit a list registry of the court the estimated just com- In lieu of the sum proposed by said amend- of nominees to the Secretary by October 31, 1997, pensation, in accordance with the procedures ment insert: $1,528,588,000; and the Senate the Secretary shall select representatives after generally described in section 258a of title 40, agree to the same. Amendment numbered 43: consulting with the BIA. In determining the al- United States Code, not otherwise inconsistent That the House recede from its disagree- location of remaining funds, the Task Force with this section: Provided further, That in es- ment to the amendment of the Senate num- shall consider the recommendations and prin- tablishing any estimate for deposit in the court bered 43, and agree to the same with an ciples contained in the 1994 Report. If the Task registry (other than an estimate based on an amendment, as follows: Force cannot agree on a distribution by January agency approved appraisal made prior to the In lieu of the sum proposed by said amend- 31, 1998, the Secretary shall distribute the re- date of enactment of this Act) the Secretary of ment insert: $55,949,000; and the Senate agree maining funds based on the recommendations of the Interior shall permit the claim owner to to the same. a majority of Task Force members no later than present information to the Secretary on the Amendment numbered 50: February 28, 1998. If a majority recommendation value of the claim, including potential mineral That the House recede from its disagree- cannot be reached, the Secretary in exercising value, and the Secretary shall consider such in- ment to the amendment of the Senate num- his discretion shall distribute the remaining formation and permit the claim owner to have a bered 50, and agree to the same with an funds considering the recommendations of the reasonable and sufficient opportunity to com- amendment, as follows: Task Force members. ment on such estimate: Provided further, That In lieu of the sum proposed by said amend- And the Senate agree to the same. the estimated just compensation deposited in the ment insert: $67,514,000; and the Senate agree Amendment numbered 67: court registry shall be paid forthwith to the to the same. That the House recede from its disagree- aforesaid owners upon application to the court: Amendment numbered 51: ment to the amendment of the Senate num- Provided further, That any payment from the That the House recede from its disagree- bered 67, and agree to the same with an court registry to the aforesaid owners shall be ment to the amendment of the Senate num- amendment, as follows: deducted from any negotiated settlement or bered 51, and agree to the same with an In lieu of the matter proposed by said award by judgment: Provided further, That the amendment, as follows: amendment, insert: United States may not request the court to with- In lieu of the sum proposed by said amend- SEC. 120. Notwithstanding any other provision hold any payment from the court registry for ment insert: $63,665,000; and the Senate agree of law, 90 days after enactment of this section environmental remediation with respect to such to the same. there is hereby vested in the United States all claim: Provided further, That the Secretary Amendment numbered 55: right, title and interest in and to, and the right shall not allow any unauthorized use of claims That the House recede from its disagree- of immediate possession of, all patented mining acquired pursuant to this section after the date ment to the amendment of the Senate num- claims and valid unpatented mining claims (in- title vests in the United States pursuant to this bered 55, and agree to the same with an cluding any unpatented claim whose validity is section, and the Secretary shall permit the or- amendment, as follows: in dispute, so long as such validity is later es- derly termination of all operations on the lands In lieu of the sum proposed by said amend- tablished in accordance with applicable agency and the removal of equipment, facilities, and ment insert: $33,907,000; and the Senate agree procedures) in the area known as the Kantishna personal property by claim owners or bank- to the same. Amendment numbered 57: Mining District within Denali National Park ruptcy trustee (as appropriate). H9006 CONGRESSIONAL RECORD — HOUSE October 22, 1997 And the Senate agree to the same. thereafter. The amounts authorized to be appro- (4) errors in the private surveys were discov- Amendment numbered 68: priated in the preceding sentence shall be in ad- ered in connection with a dependent resurvey That the House recede from its disagree- dition to the amounts authorized to be appro- and section subdivision conducted by the Bu- ment to the amendment of the Senate num- priated under subsection (a).’’. reau of Land Management in 1990, which estab- bered 68, and agree to the same with an And the Senate agree to the same. lished accurate boundaries between certain fed- amendment, as follows: Amendment numbered 74: erally owned properties and private properties; Retain the matter proposed in said amend- That the House recede from its disagreement and ment, amended as follows: to the amendment of the Senate numbered 74, (5) the Secretary has authority to sell, and it Before the period at the end of the amend- and agree to the same with an amendment, as is appropriate that the Secretary should sell, ment, insert: and by inserting at the end of the follows: based on an appraisal of the fair market value section the following new sentence: ‘‘If such liti- In lieu of the matter proposed by said amend- as of December 1, 1982, the properties described gation is commenced, at the court trial, any ment insert: in section 2(b) to the adversely affected land- party may introduce any relevant evidence SEC. 127. For the sole purpose of accessing owners. bearing on the interpretation of the 1976 agree- park or other authorized visitor services or fa- (b) CONVEYANCE OF PROPERTIES.— ment.’’ cilities at, or originating from, the public dock (1) PURCHASE OFFERS.— And the Senate agree to the same. area at Bartlett Cove, the National Park Service (A) IN GENERAL.—Not later than 1 year after Amendment numbered 69: shall initiate a competitive process by which the the date of enactment of this Act, the city of Las That the House recede from its disagree- National Park Service shall allow one-entry per Vegas, Nevada, on behalf of the owners of real ment to the amendment of the Senate num- day for a passenger ferry into Bartlett Cove property located adjacent to the properties de- bered 69, and agree to the same with an from Juneau: Provided, That any passenger scribed in paragraph (2), may submit to the Sec- amendment, as follows: ferry allowed entry pursuant to this Act shall be retary of the Interior, acting through the Direc- In lieu of the matter proposed by said subject to speed, distance from coast lines, and tor of the Bureau of Land Management (re- amendment, insert: other limitations imposed necessary to protect ferred to in this Act as the ‘‘Secretary’’), a writ- SEC. 122. (a) KODIAK LAND VALUATION.—Not- park resources: Provided further, That nothing ten offer to purchase the properties. withstanding the Refuge Revenue Sharing Act in this Act shall be construed as constituting (B) INFORMATION TO ACCOMPANY OFFER.—An (16 U.S.C. 715s) or any regulations implementing approval for entry into the waters of Glacier offer under subparagraph (A) shall be accom- such Act, the fair market value for the initial Bay National Park and Preserve beyond the im- panied by— computation of the payment to Kodiak Island mediate Bartlett Cove area as defined by a line (i) a description of each property offered to be Borough pursuant to such Act shall be based on extending northeastward from Pt. Carolus to purchased; the purchase price of the parcels acquired from the west to the southernmost point of Lester Is- (ii) information relating to the claims of own- Akhiok-Kaguyak, Incorporated, Koniag, Incor- land, absent required permits. ership of the property based on an erroneous porated, and the Old Harbor Native Corporation And the Senate agree to the same. land survey; and for addition to the Kodiak National Wildlife Amendment numbered 77: (iii) such other information as the Secretary Refuge. That the House recede from its disagreement may require. (b) The fair market value of the parcels de- to the amendment of the Senate numbered 77, (2) DESCRIPTION OF PROPERTIES.—The prop- scribed in subsection (a) shall be reappraised by and agree to the same with an amendment, as erties described in this paragraph, containing the Alaska Region of the United States Fish and follows: 37.36 acres, more or less, are— Wildlife Service under the Refuge Revenue In lieu of the matter proposed by said amend- (A) Government lots 22, 23, 26, and 27 in sec. Sharing Act (16 U.S.C. 715s). Any such re- ment insert: 18, T. 19 S., R. 61 E., Mount Diablo Meridian; appraisals shall be made in accordance with SEC. 131. No funds provided in this or any (B) Government lots 20, 21, and 24 in sec. 19, such Act and any other applicable law and reg- other Act may be expended for the promulgation T. 19 S., R. 61 E., Mount Diablo Meridian; and ulation, and shall be effective for any payments of a proposed or final rule to amend or replace (C) Those lands encroached upon in Govern- made in fiscal year 1999. the National Indian Gaming Commission’s defi- ment lot 1 in sec. 24, T. 19 S., R. 60 E., Mount (c) The fair market value computation re- nition regulations located at 25 CFR 502.7 and Diablo Meridian, containing approximately 8 quired under subsection (a) shall be effective as 502.8. acres. of the date of the acquisition of the parcels de- And the Senate agree to the same. (3) CONVEYANCE.— scribed is such subsection. Amendment numbered 78: (A) IN GENERAL.—Subject to the condition And the Senate agree to the same. That the House recede from its disagreement stated in subparagraph (B), the Secretary shall Amendment numbered 70: to the amendment of the Senate numbered 78, convey subject to valid existing rights to the city That the House recede from its disagree- and agree to the same with an amendment, as of Las Vegas, Nevada, all right, title, and inter- ment to the amendment of the Senate num- follows: est of the United States in and to the properties bered 70, and agree to the same with an In lieu of the matter proposed by said amend- offered to be purchased under paragraph (1) on amendment, as follows: ment insert: payment by the city of the fair market value of In lieu of the matter proposed by said SEC. 132. Notwithstanding any other provision the properties, based on an appraisal of the fair amendment insert: of law, hereafter the United States Fish and market value as of December 1, 1982, approved SEC. 123. ASSESSMENT OF FEES.— Wildlife Service may disburse to local entities by the Secretary. (a) COMMISSION FUNDING.—Section 18(a) of impact funding pursuant to Refuge Revenue (B) CONDITION.—Properties shall be conveyed the Indian Gaming Regulatory Act (25 U.S.C. Sharing that is associated with Federal real under subparagraph (A) subject to the condition 2717 (a)) is amended— property transferred to the United States Geo- that the city convey the properties to the land- (1) in paragraph (1), by striking ‘‘class II logical Survey from the United States Fish and owners who were adversely affected by reliance gaming activity’’ and inserting ‘‘gaming oper- Wildlife Service. on erroneous surveys as described in subsection ation that conducts a class II or class III gam- And the Senate agree to the same. (a). ing activity’’; and Amendment numbered 80: And the Senate agree to the same. (2) in paragraph (2)— That the House recede from its disagreement Amendment numbered 81: (A) in subparagraph (A)(i), by striking ‘‘no to the amendment of the Senate numbered 80, That the House recede from its disagree- less than 0.5 percent nor’’ and inserting ‘‘no’’; and agree to the same with an amendment, as ment to the amendment of the Senate num- and follows: bered 81, and agree to the same with an (B) in subparagraph (B), by striking In lieu of the matter proposed by said amend- amendment, as follows: ‘‘$1,500,000’’ and inserting ‘‘$8,000,000’’. ment insert: In lieu of the matter proposed by said (C) nothing in subsection (a) of this section SEC. 134. CONVEYANCE OF CERTAIN BUREAU OF amendment insert: shall apply to self-regulated tribes such as the LAND MANAGEMENT LANDS IN CLARK COUNTY, SEC. 135. (a) Notwithstanding any other provi- Mississippi Band of Choctaw. NEVADA.— sion of law, the Secretary of the Interior is di- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- (a) FINDINGS.—Congress finds that— rected to accept full title to approximately 84 tion 19 of the Indian Gaming Regulatory Act (25 (1) certain landowners who own property ad- acres of land located in Prince Georges County, U.S.C. 2718) is amended— jacent to land managed by the Bureau of Land Maryland, adjacent to Oxon Cove Park, and (1) in subsection (a), by striking ‘‘such sums Management in the North Decatur Boulevard bordered generally by the Potomac River, Inter- as may be necessary’’ and inserting ‘‘for fiscal area of Las Vegas, Nevada, bordering on North state 295 and the Woodrow Wilson Bridge, and year 1998, and for each fiscal year thereafter, an Las Vegas, have been adversely affected by cer- in exchange therefor shall convey to the Correc- amount equal to the amount of funds derived tain erroneous private land surveys that the tions Corporation of America all of the interest from the assessments authorized by section 18(a) landowners believed were accurate; of the United States in approximately 42 acres of for the fiscal year immediately preceding the fis- (2) the landowners have occupied or improved land located in Oxon Cove Park in the District cal year involved,’’; and their property in good faith reliance on the erro- of Columbia, and bordered generally by Oxon (2) by striking subsection (b) and inserting the neous surveys of the properties; Cove, Interstate 295 and the District of Colum- following: (3) the landowners believed that their entitle- bia Impound Lot. ‘‘(b) Notwithstanding section 18, there are au- ment to occupancy was finally adjudicated by a (b) The Secretary shall not acquire any lands thorized to be appropriated to fund the oper- Judgment and Decree entered by the Eighth Ju- under this section if the Secretary determines ation of the Commission, $2,000,000 for fiscal dicial District Court of Nevada on October 26, tha the lands or any portion thereof have be- year 1998, and $2,000,000 for each fiscal year 1989; come contaminated with hazardous substances October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9007 (as defined in the Comprehensive Environmental facilities, equipment and interests: Provided fur- Amendment numbered 98: Response, Compensation, and Liability Act (42 ther, That the Secretary of the Army shall pro- That the House recede from its disagree- U.S.C. 9601)). vide, at no cost, two six by six vehicles, in excel- ment to the amendment of the Senate num- (c) Notwithstanding any other provision of lent operating condition, or equivalent equip- bered 98, and agree to the same with an law, the United States shall have no responsibil- ment to the University of Alaska Fairbanks, amendment, as follows: ity or liability with respect to any hazardous School of Mineral Engineering, and shall con- In lieu of the matter proposed by said wastes or other substances placed on any of the struct a bridge across the Bull River to the Gold- amendment insert: lands covered by this section after their transfer en Zone Mine Site to allow ingress and egress No funds appropriated under this or any to any party, but nothing in this section shall for the activities conducted by the School of other Act for the purpose of operations con- be construed as either diminishing or increasing Mineral Engineering. ducted at the Forest Service Region 10 head- any responsibility or liability of the United And the Senate agree to the same. quarters, including those funds identified for States based on the condition of such lands on Amendment numbered 83: centralized field costs for employees of this of- the date of their transfer to the ownership of That the House recede from its disagree- fice, shall be obligated or expended in excess of another party: Provided, that the Corrections ment to the amendment of the Senate num- $17,500,000 from the total funds appropriated for Corporation of America shall indemnify the bered 83, and agree to the same with an Region 10, without 60 days prior notice to Con- United States for liabilities arising under the amendment, as follows: gress. Funds appropriated by this Act to imple- Comprehensive Environmental Response, Com- In lieu of the sum proposed by said amend- ment the Revised Tongass National Forest Land pensation and Liability Act (42 U.S.C. 9601) and ment insert: $187,944,000; and the Senate Management Plan, shall be spent and obligated the Resource Conservation Recovery Act (42 agree to the same. at the Forest Supervisor and Ranger District U.S.C. 9601, et seq.). Amendment numbered 84: levels, with the exception of specific manage- (d) The properties so exchanged shall be equal That the House recede from its disagree- ment and oversight expenses, provided such ex- in fair market value or if they are not approxi- ment to the amendment of the Senate num- penses are included in the funding ceiling of mately equal, the Corrections Corporation of bered 84, and agree to the same with an $17,500,000. America shall equalize the values by the pay- amendment, as follows: And the Senate agree to the same. ment of cash to the Secretary and any such pay- In lieu of the sum proposed by said amend- Amendment numbered 99: ments shall be deposited to credit of ‘‘Mis- ment insert: $161,237,000; and the Senate That the House recede from its disagree- cellaneous Trust Funds, National Park Service’’ agree to the same. ment to the amendment of the Senate num- and shall be available without further appro- Amendment numbered 87: bered 99, and agree to the same with an That the House recede from its disagree- priation until expended for the acquisition of amendment, as follows: ment to the amendment of the Senate num- land within the National Park System. No In lieu of the sum proposed by said amend- bered 87, and agree to the same with an equalization shall be required if the value of the ment insert: $362,403,000; and the Senate amendment, as follows: property received by the Secretary is more than agree to the same. In lieu of the sum proposed by said amend- that transferred by the Secretary. Amendment numbered 101: ment insert: $1,348,377,000; and the Senate (e) Costs of conducting necessary land sur- That the House recede from its disagree- agree to the same. veys, preparing the legal descriptions of the ment to the amendment of the Senate num- lands to be conveyed, appraisals, deeds, other Amendment numbered 88: That the House recede from its disagree- bered 101, and agree to the same with an necessary documents, and administrative costs ment to the amendment of the Senate num- amendment, as follows: shall be borne by the Corporation. The required bered 88, and agree to the same with an In lieu of the sum proposed by said amend- appraisals shall be conducted in accordance amendment, as follows: ment insert: $611,723,000; and the Senate with 43 C.F.R. § 2201.3–1, § 2201.3–3 and § 2201.3– Retain the matter proposed by said amend- agree to the same. 4. ment amended as follows: after the words Amendment numbered 102: (f) Following any exchange authorized by this ‘‘design costs’’ in said amendment insert: : That the House recede from its disagree- provision, the boundaries of the Park System of Provided further, That any such project must be ment to the amendment of the Senate num- the Nation’s Capital are hereby amended to re- approved by the House and Senate Committees bered 102, and agree to the same with an flect the property added to and deleted from on Appropriations in compliance with the re- amendment, as follows: that System. In lieu of the sum proposed by said amend- And the Senate agree to the same. programming procedures contained in House Re- port 105–163; and the Senate agree to the ment insert: $155,095,000; and the Senate Amendment numbered 82: agree to the same. That the House recede from its disagree- same. Amendment numbered 89: Amendment numbered 103: ment to the amendment of the Senate num- That the House recede from its disagree- bered 82, and agree to the same with an That the House recede from its disagree- ment to the amendment of the Senate num- ment to the amendment of the Senate num- amendment, as follows: bered 103 and agree to the same with an In lieu of the matter proposed by said bered 89, and agree to the same with an amendment, as follows: amendment insert: amendment, as follows: In lieu of the sum proposed by said amend- SEC. 136. The National Park Service shall, In lieu of the sum proposed by said amend- ment insert: $124,845,000; and the Senate within 30 days of enactment of this Act, begin ment insert: $584,707,000; and the Senate agree to the same. negotiations with the University of Alaska Fair- agree to the same. Amendment numbered 104: banks, School of Mineral Engineering, to deter- Amendment numbered 90: That the House recede from its disagree- mine the compensation that shall be paid by the That the House recede from its disagree- ment to the amendment of the Senate num- National Park Service, within funds appro- ment to the amendment of the Senate num- bered 104, and agree to the same with an priated to the National Park Service in this Act, bered 90, and agree to the same with an amendment, as follows: or within unobligated balances of funds appro- amendment, as follows: In lieu of the sum proposed by said amend- priated in prior Appropriations Acts, to the Uni- In lieu of the sum named in said amend- ment insert: $30,250,000; and the Senate agree versity of Alaska Fairbanks, School of Mineral ment insert: $166,045,000; and the Senate to the same. Engineering, for facilities, equipment, and inter- agree to the same. Amendment numbered 93: Amendment numbered 105: ests owned by the University that were de- That the House recede from its disagree- That the House recede from its disagree- stroyed by the Federal Government at the Stam- ment to the amendment of the Senate num- ment to the amendment of the Senate num- pede Mine Site within the boundaries of Denali bered 93, and agree to the same with an bered 105, and agree to the same with an National Park and Preserve: Provided, That if amendment, as follows: amendment, as follows: the National Park Service and the University of In lieu of the sum proposed by said amend- In lieu of the matter stricken and inserted Alaska Fairbanks, School of Mineral Engineer- ment insert: $52,976,000; and the Senate agree by said amendment insert: ing, fail to reach a negotiated settlement within to the same. STRATEGIC PETROLEUM RESERVE 90 days of commencing negotiations, then the Amendment numbered 96: National Park Service shall submit a formal re- That the House recede from its disagree- (INCLUDING TRANSFER OF FUNDS) quest to the Director of the Office of Hearings ment to the amendment of the Senate num- For necessary expenses for Strategic Petro- and Appeals, Department of the Interior, for the bered 96, and agree to the same with an leum Reserve facility development and oper- purpose of entering into third-party mediation amendment, as follows: ations and program management activities pur- to be conducted in accordance with the Depart- In lieu of the sum proposed by said amend- suant to Energy Policy and Conservation Act of ment of the Interior’s final policy applicable to ment insert: $2,250,000; and the Senate agree 1975, as amended (42 U.S.C. 6201 et. seq.), alternative dispute resolution: Provided further, to the same. $207,500,000, to remain available until expended, That any payment made by the National Park Amendment numbered 97: of which $207,500,000 shall be repaid from the Service to the University of Alaska Fairbanks, That the House recede from its disagree- ‘‘SPR Operating Fund’’ from amounts made School of Mineral Engineering, shall fully sat- ment to the amendment of the Senate num- available from the sale of oil from the Reserve: isfy the claims of the University of Alaska Fair- bered 97, and agree to the same with an Provided, That notwithstanding section 161 of banks, School of Mineral Engineering; and that amendment, as follows: the Energy Policy and Conservation Act, the the University of Alaska Fairbanks, School of In lieu of the sum proposed by said amend- Secretary shall draw down and sell in fiscal Mineral Engineering, shall convey to the Sec- ment insert: $750,000; and the Senate agree to year 1998 $207,500,000 worth of oil from the Stra- retary of the Interior all property rights in such the same. tegic Petroleum Reserve: Provided further, That H9008 CONGRESSIONAL RECORD — HOUSE October 22, 1997

the proceeds from the sale shall be deposited That the House recede from its disagree- (4) TITLE VIII DEFINITIONS.—Section 803 (16 into the ‘‘SPR Operating Fund’’, and shall, ment to the amendment of the Senate num- U.S.C. 3113) is amended— upon receipt, be transferred to the Strategic Pe- bered 128, and agree to the same with an (A) by striking ‘‘and’’ at the end of paragraph troleum Reserve account for operations of the amendment, as follows: (1); Strategic Petroleum Reserve. Restore the matter stricken by said And the Senate agree to the same. amendment amended to read as follows: (B) by striking the period and inserting a Amendment numbered 108: Sec. 316. SUBSISTENCE HUNTING AND FISHING semicolon at the end of paragraph (2); and That the House recede from its disagree- IN ALASKA.— (C) by inserting at the end the following new ment to the amendment of the Senate num- (a) MORATORIUM ON FEDERAL MANAGE- paragraphs: bered 108, and agree to the same with an MENT.—None of the funds made available to the ‘‘(3) ‘customary and traditional uses’ means amendment, as follows: Department of the Interior or the Department of the noncommercial, long-term, and consistent In lieu of the sum proposed by said amend- Agriculture by this or any other Act hereafter taking of, use of, or reliance upon fish and ment insert: $1,841,074,000; and the Senate enacted may be used prior to December 1, 1998 to wildlife in a specific area and the patterns and agree to the same. issue or implement final regulations, rules, or practices of taking or use of that fish and wild- Amendment numbered 109: policies pursuant to Title VIII of the Alaska Na- life that have been established over a reasonable That the House recede from its disagree- tional Interest Lands Conservation Act to assert period of time, taking into consideration the ment to the amendment of the Senate num- jurisdiction, management, or control over the availability of the fish and wildlife; bered 109, and agree to the same with an navigable waters transferred to the State of amendment, as follows: Alaska pursuant to the Submerged Lands Act of ‘‘(4) ‘customary trade’ means, except for In lieu of the sum proposed by said amend- 1953 or the Alaska Statehood Act of 1959. money sales of furs and furbearers, the limited ment insert: $361,375,000; and the Senate (b) AMENDMENTS TO ALASKA NATIONAL INTER- noncommercial exchange for money of fish and agree to the same. EST LANDS CONSERVATION ACT.— wildlife or their parts in minimal quantities; and Amendment numbered 110: (1) AMENDMENT OF ANILCA.—Except as other- ‘‘(5) ‘rural Alaska resident’ means a resident That the House recede from its disagree- wise expressly provided, whenever in this sub- of a rural community or area. A ‘rural commu- ment to the amendment of the Senate num- section an amendment or repeal is expressed in nity or area’ means a community or area sub- bered 110, and agree to the same with an terms of an amendment to, or repeal of, a sec- stantially dependent on fish and wildlife for nu- amendment, as follows: tion or other provision, the reference shall be tritional and other subsistence uses.’’. In lieu of the matter proposed by said considered to be made to a section or other pro- amendment insert: : Provided further, That vision of the Alaska National Interest Lands (5) PREFERENCE FOR SUBSISTENCE USES.—Sec- not to exceed $168,702,000 shall be for payments Conservation Act (16 U.S.C. 3101 et seq.). tion 804 (16 U.S.C. 3114) is amended— to tribes and tribal organizations for contract (2) DEFINITIONS.—Section 102(2) (16 U.S.C. (A) by inserting ‘‘(a)’’ immediately before the support costs associated with ongoing contracts 3102(2)) is amended to read as follows: first sentence; and ‘‘(2) The term ‘Federal land’ means lands the or grants or compacts entered into with the In- (B) by inserting at the end the following new title to which is in the United States after De- dian Health Service prior to fiscal year 1998, as subsection: authorized by the Indian Self-Determination cember 2, 1980. ‘‘Federal land’’ does not include Act of 1975, as amended; and the Senate agree lands the title to which is in the State, a Native ‘‘(b) The priority granted by this section is for to the same. Corporation, or other private ownership.’’. a reasonable opportunity to take fish and wild- Amendment numbered 111: (3) FINDINGS.— Section 801 (16 U.S.C. 3111) is life. For the purposes of this subsection, the That the House recede from its disagree- amended— term ‘reasonable opportunity’ means an oppor- ment to the amendment of the Senate num- (A) by inserting ‘‘(a)’’ immediately before tunity, consistent with customary and tradi- bered 111, and agree to the same with an ‘‘The Congress finds and declares’; and tional uses (as defined in section 803(3)), to par- amendment, as follows: (B) by inserting at the end the following new ticipate in a subsistence hunt or fishery with a Restore the matter stricken by said subsection: reasonable expectation of success, and does not amendment, amended as follows: ‘‘(b) The Congress finds and declares further mean a guarantee that fish and wildlife will be In lieu of the sum named in the matter re- that— taken.’’. ‘‘(1) subsequent to the enactment of this Act stored insert: $257,538,000; and the Senate (6) LOCAL AND REGIONAL PARTICIPATION.—Sec- agree to the same. in 1980, the subsistence law of the State of Alas- tion 805 (16 U.S.C. 3115) is amended— Amendment numbered 114: ka (AS 16.05) accomplished the goals of Congress That the House recede from its disagree- and requirements of this Act in providing sub- (A) in subsection (a) by striking ‘‘one year ment to the amendment of the Senate num- sistence use opportunities for rural residents of after the date of enactment of this Act,’’; and bered 114, and agree to the same with an Alaska, both Native and non-Native; (B) by amending subsection (d) to read as fol- amendment, as follows: (2) the Alaska subsistence law was challenged lows: in Alaska courts, and the rural preference re- In lieu of the sum proposed by said amend- ‘‘(d)(1) Upon certification by the Secretary quirement in the law was found in 1989 by the ment insert: $4,250,000; and the Senate agree that the State has enacted and implemented Alaska Supreme Court in McDowell v. State of to the same. laws of general applicability which are consist- Alaska (785 P.2d 1, 1989) to violate the Alaska Amendment numbered 115: ent with, and which provide for the definition, Constitution; That the House recede from its disagree- preference, and participation specified in sec- ‘‘(3) since that time, repeated attempts to re- ment to the amendment of the Senate num- tions 803, 804, and 805, the Secretary shall not store the validity of the State law through an bered 115, and agree to the same with an implement subsections (a), (b), and (c) of this amendment to the Alaska Constitution have amendment, as follows: section, and the State may immediately assume failed, and the people of Alaska have not been In lieu of the sum proposed by said amend- management for the taking of fish and wildlife given the opportunity to vote on such an ment insert: $333,408,000; and the Senate on the public lands for subsistence uses pursu- amendment; agree to the same. ant to this title. Upon assumption of such man- ‘‘(4) in accordance with title VIII of this Act, Amendment numbered 118: agement by the State, the Secretary shall not That the House recede from its disagree- the Secretary of the Interior is required to man- implement subsections (a), (b), and (c) of this ment to the amendment of the Senate num- age fish and wildlife for subsistence uses on all section unless a court of competent jurisdiction bered 118, and agree to the same with an public lands in Alaska because of the failure of determines that such laws have been repealed, amendment, as follows: State law to provide a rural preference; modified, or implemented in a way that is incon- In lieu of the sum proposed by said amend- ‘‘(5) the Ninth Circuit Court of Appeals deter- sistent with, or does not provide for, the defini- ment insert: $6,192,000; and the Senate agree mined in 1995 in State of Alaska v. Babbitt (73 tion, preference, and participation specified in to the same. F.3d 698) that the subsistence priority required sections 803, 804, and 805, or that the State has Amendment numbered 121: on public lands under section 804 of this Act ap- failed to cure any such inconsistency after such That the House recede from its disagree- plies to navigable waters in which the United determination. The State laws shall otherwise ment to the amendment of the Senate num- States has reserved water rights as identified by supercede such sections insofar as such sections bered 121, and agree to the same with an the Secretary of the Interior; govern State responsibility pursuant to this title amendment, as follows: ‘‘(6) management of fish and wildlife re- for the taking of fish and wildlife on the public In lieu of the sum named by said amend- sources by State governments has proven suc- lands for subsistence uses. The Secretary may ment insert: $81,240,000 ; and the Senate cessful in all 50 states, including Alaska, and bring a judicial action to enforce this sub- agree to the same. the State of Alaska should have the opportunity Amendment numbered 124: to continue to manage such resources on all section. That the House recede from its disagree- lands, including public lands, in Alaska in ac- ‘‘(2)(A) Laws establishing a system of local ment to the amendment of the Senate num- cordance with this Act, as amended; and advisory committees and regional advisory bered 124, and agree to the same with an (7) it is necessary to amend portions of this councils consistent with section 805 shall pro- amendment, as follows: Act to restore the original intent of Congress to vide that the State rulemaking authority shall In lieu of the sum proposed by said amend- protect and provide for the continued oppor- consider the advice and recommendations of the ment insert: $23,280,000; and the Senate agree tunity for subsistence uses on public lands for regional councils concerning the taking of fish to the same. Native and non-Native rural residents through and wildlife populations on public lands within Amendment numbered 128: the management of the State of Alaska.’’. their respective regions for subsistence uses. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9009 The regional councils may present recommenda- (3) any assertion that the Alaska National In- the National Forest Management Act, Federal tions, and the evidence upon which such rec- terest Lands Conservation Act, as amended, (16 Land Policy and Management Act, Endangered ommendations are based, to the State rule- U.S.C. 3101 et seq.) is or is not Indian law; or Species Act, National Environmental Policy Act making authority during the course of the ad- (4) the authority of the Secretary of the Inte- and any other applicable law in order to au- ministrative proceedings of such authority. The rior under section 1314(c) of the Alaska National thorize and implement actions affecting the en- State rulemaking authority may choose not to Interest Lands Conservation Act (16 U.S.C. vironment on Federal lands within the jurisdic- follow any recommendation which it determines 3202(c)). tion of either Secretary in the Project area that is not supported by substantial evidence pre- (d) EFFECTIVE DATE.—Unless and until laws are consistent with the final EISs; sented during the course of its administrative are adopted in the State of Alaska which pro- (2) a detailed estimation of the time and cost proceedings, violates recognized principles of vide for the definition, preference, and partici- (for all participating federal agencies) to accom- fish and wildlife conservation or would be det- pation specified in sections 803, 804, and 805 of plish each decision described in paragraph (1), rimental to the satisfaction of rural subsistence the Alaska National Interest Lands Conserva- from the date of initiation of preparations for, needs. If a recommendation is not adopted by tion Act (16 U.S.C. 3111 et seq.), the amendments to the date of publication or announcement of, the State rulemaking authority, such authority made by subsection (b) of this section shall be the decision, including a detailed statement of shall set forth the factual basis and the reasons effective only for the purposes of determining the source of funds for each such decision and for its decision. whether the State’s laws provide for such defini- any reprogramming in fiscal year 1998; ‘‘(B) The members of each regional advisory tion, preference, and participation. The Sec- council established under this subsection shall retary shall certify before December 1, 1998 if (3) estimated production of goods and services be appointed by the Governor of Alaska. Each such laws have been adopted in the State of from each unit of the Federal lands for the first council shall have ten members, four of whom Alaska. Subsection (b) shall be repealed on such 5 years during the course of the decision making shall be selected from nominees who reside in date if such laws have not been adopted. described in paragraph (1) beginning with the the region submitted by tribal councils in the re- And the Senate agree to the same. date of publication of the applicable final EIS; gion, and six of whom shall be selected from Amendment numbered 129: and nominees submitted by local governments and That the House recede from its disagree- (4) if the requirements described in para- local advisory committees. Three of these six ment to the amendment of the Senate num- graphs (1) through (3) cannot be accomplished shall be subsistence users who reside in the sub- bered 129, and agree to the same with an within the appropriations provided in this Act, sistence resource region and three shall be sport amendment, as follows: adjusted only for inflation, in subsequent fiscal or commercial users who may be residents of any Restore the matter stricken by said years and without any reprogramming of such subsistence resource region. Regional council amendment amended to read as follows: appropriations, provide a detailed description of members shall have staggered terms of three SEC. 317. Section 909(b)(2) of Division II, Title the decision making process that will be used to years in length, with no limit on the number of IX of P.L. 104–333 is hereby amended to delete establish priorities in accordance with such ap- terms a member may serve. A quorum shall be a the sentence which reads ‘‘For technical assist- propriations. majority of the members of the council.’’. ance pursuant to section 908, not more than (b) Using all research information available (7) JUDICIAL ENFORCEMENT.—Section 807 (16 $50,000 annually.’’. from the area encompassed by the Project, the U.S.C. 3117) is amended by inserting the follow- And the Senate agree to the same. Secretaries, to the extent practicable, shall ana- Amendment numbered 130: ing as subsection (b): lyze the economic and social conditions, and That the House recede from its disagree- ‘‘(b) State agency actions may be declared in- culture and customs, of the communities at the ment to the amendment of the Senate num- valid by the court only if they are arbitrary, ca- sub-basin level within the Project area and the bered 130, and agree to the same with an pricious, or an abuse of discretion, or otherwise impacts the alternatives in the draft EISs will amendment, as follows: not in accordance with law. When reviewing have on those communities. This analysis shall In lieu of the matter stricken and inserted any action within the specialized knowledge of be published on a schedule that will allow a rea- by said amendment insert: a State agency, the court shall give the decision sonable period of time for public comment there- SEC. 318. No part of any appropriation con- of the State agency the same deference it would on prior to the close of the comment periods on tained in this Act shall be expended or obligated give the same decision of a comparable federal the draft EISs. The analysis, together with the to fund the activities of the western director and agency.’’. response of the Secretaries to the public com- special assistant to the Secretary within the Of- (8) REGULATIONS.—Section 814 (16 U.S.C. 3124) ment, shall be incorporated in the final EISs fice of the Secretary of Agriculture that exceeds is amended— and, subject to subsection (a), subsequent deci- the funding provided for these activities from (A) by inserting ‘‘, and the State at any time sions related thereto. the State has complied with section 805(d)’’ after this Act during fiscal year 1997. ‘‘Secretary’’; and And the Senate agree to the same. (c) Nothing in this section shall be construed (B) by adding at the end the following new Amendment numbered 132: as altering or affecting in any manner any pro- sentence: ‘‘During any time that the State has That the House recede from its disagree- vision of applicable land or resource manage- complied with section 805 (d), the Secretary ment to the amendment of the Senate num- ment plans, PACFISH, INFISH, Eastside shall not make or enforce regulations imple- bered 132, and agree to the same with an screens, and other policies adopted by the Forest menting sections 805 (a), (b), or (c).’’. amendment, as follows: Service or Bureau of Land Management prior to (9) LIMITATIONS, SAVINGS CLAUSES.—Section Restore the matter stricken by said the date of enactment of this Act to protect 815 (16 U.S.C. 3125) is amended— amendment, amended as follows: wildlife, watershed, riparian, and other re- (A) by striking ‘‘or’’ at the end of paragraph Before the final period in the matter re- sources of the Federal lands. (3); stored insert: ; and amend section 315(c)(1), And the Senate agree to the same. subsection (C) as follows: after the words ‘‘the (B) by striking the period at the end of para- Amendment numbered 136: graph (4) and inserting in lieu thereof a semi- Fish and Wildlife Service’’, insert ‘‘and the Na- colon and ‘‘or’’; and tional Park Service’’; and the Senate agree to That the House recede from its disagree- (C) by inserting at the end the following new the same. ment to the amendment of the Senate num- paragraph: Amendment numbered 134: bered 136, and agree to the same with an ‘‘(5) prohibiting the Secretary or the State That the House recede from its disagree- amendment, as follows: from entering into co-management agreements ment to the amendment of the Senate num- Retain the matter proposed by said amend- with Native organizations or other local or re- bered 134, and agree to the same with an ment amended to read as follows: amendment, as follows: gional entities when either is managing fish and SEC. 326. (a) Notwithstanding any other provi- wildlife on public lands in Alaska for subsist- Restore the matter stricken by said sion of law, after September 30, 1997 the Indian ence uses.’’. amendment, amended to read as follows: Health Service may not disburse funds for the SEC. 323. (a) Prior to the completion of any (c) SAVINGS CLAUSE.—No provision of this sec- provision of health care services pursuant to decision document or the making of any deci- tion, amendment made by this section, or exer- Public Law 93-638 (25 U.S.C. 450 et seq.), with sion related to the final Environmental Impact cise of authority pursuant to this section may be any Alaska Native village or Alaska Native vil- Statements (hereinafter ‘‘final EISs’’) associated construed to validate, invalidate, or in any way lage corporation that is located within the area with the Interior Columbia Basin Ecosystem affect— served by an Alaska Native regional health en- Project (hereinafter the ‘‘Project’’), the Sec- (1) any assertion that a Native organization tity. (including a federally recognized tribe, tradi- retary of Agriculture and the Secretary of the tional Native council, or Native council orga- Interior shall prepare and submit to the Commit- (b) Nothing in this section shall be construed nized pursuant to the Act of June 18, 1934 (25 tees on Appropriations of the Senate and the to prohibit the disbursal of funds to any Alaska U.S.C. 461 et seq.), as amended) has or does not House of Representatives a report that shall in- Native village or Alaska Native village corpora- have governmental authority over lands (includ- clude: tion under any contract or compact entered into ing management of, or regulation of the taking (1) a detailed description of any and all land prior to August 27, 1997, or to prohibit the re- of, fish and wildlife) or persons within the and resource management planning and policy newal of any such agreement. boundaries of the State of Alaska; or project decisions to be made, by type and by (c) The General Accounting Office shall con- (2) any assertion that Indian country, as de- the level of official responsible, and the proce- duct a study of the impact of contracting and fined in section 1151 of title 18, United States dures for such decisions to be undertaken, by compacting by the Indian Health Service under Code, exists or does not exist within the bound- the Forest Service, Bureau of Land Manage- Public Law 93-638 with Alaska Native villages aries of the State of Alaska; ment, and Fish and Wildlife Service pursuant to and Alaska Native village corporations for the H9010 CONGRESSIONAL RECORD — HOUSE October 22, 1997 provision of health care services by Alaska Na- Act and proceed to complete the forest plan revi- sources and users of such lands and resources tive regional corporation health care entities. sion in accordance with current forest planning under the jurisdiction of the Secretary. The General Accounting Office shall submit the regulations. (g) Any cash equalization which Skamania results of that study to the Committee on Appro- And the Senate agree to the same. County elects to make may be made up to 50 per- priations of the Senate and the Committee on Amendment numbered 143: cent of the fair market value of the Federal Appropriations of the House of Representatives That the House recede from its disagree- property, and such cash equalization may be by June 1, 1998. ment to the amendment of the Senate num- made in installments over a period not to exceed (d) Section 1004 of the Coast Guard Author- bered 143, and agree to the same with an 25 years. Payments received as partial consider- ization Act of 1996 (Public Law 104–324, 110 amendment, as follows: ation shall be deposited into the fund in the Stat. 3956) is amended— In lieu of the matter proposed by said Treasury established under the Act of December (1) in subsection (a) by striking ‘‘for use as a amendment insert: 4, 1967, commonly known as the Sisk Act, and health or social services facility’’ and insert in SEC. 333. No part of any appropriation con- shall be available for expenditure as provided in lieu thereof ‘‘for sale or use other than for a fa- tained in this Act shall be expended or obligated the Act except that the Secretary may not use cility for the provision of health programs fund- to complete and issue the five year program those funds to purchase lands within Skamania ed by the Indian Health Service (not including under the Forest and Rangeland Renewable Re- County. any such programs operated by Ketchikan In- sources Planning Act. (h) In defining the Federal estate to be con- dian Corporation prior to 1993)’;and And the Senate agree to the same. veyed, the Secretary may require such addi- (2) by striking subsection (c). Amendment numbered 144: tional terms and conditions as deemed necessary And the Senate agree to the same. That the House recede from its disagree- in connection with assuring equal value and Amendment numbered 137: ment to the amendment of the Senate num- public interest considerations in this exchange That the House recede from its disagree- bered 144, and agree to the same with an including, but not limited to, continued research ment to the amendment of the Senate num- amendment, as follows: use of the Wind River Experimental Forest and bered 137 , and agree to the same with an Retain the matter proposed by said amend- protection of natural, cultural, and historic re- amendment, as follows: ment amended as follows: After ‘‘fiscal year sources, existing administrative sites, and a sce- Restore the matter stricken by said 1998’’, delete ‘‘and each year thereafter’’; and nic corridor for the Pacific Crest National Sce- amendment amended to read as follows: the Senate agree to the same. nic Trail. SEC. 327. None of the funds made available by Amendment numbered 146: (i) This authorization is predicated on this Act may be used to require any person to That the House recede from its disagree- Skamania County’s Board of Commissioners vacate real property where a term is expiring ment to the amendment of the Senate num- commitment to give foremost consideration to under a use and occupancy reservation in Sleep- bered 146, and agree to the same with an preservation of the overall integrity of the site ing Bear Dunes National Lakeshore until such amendment, as follows: and conservation of the educational and re- time as the National Park Service (NPS) indi- Retain the matter proposed by said amend- search potential of the Site, including providing cates to the appropriate Congressional Commit- ment amended as follows: After the word for access to and assurance of the continued ad- tees and the holders of these reservations that it ‘‘may’’, delete the word ‘‘hereafter’’, and in- ministration and operation of forestry research has sufficient funds to remove the residence on sert in lieu thereof: ‘‘, until September 30, on the adjacent Thornton Munger Research that property within 90 days of that residence 2000,’’; and the Senate agree to the same. Natural Area. being vacated. The NPS will provide at least 90 Amendment numbered 150: (j) The Secretary is further directed to cooper- days notice to the holders of expired reserva- That the House recede from its disagree- ate with Skamania County to address applicable tions to allow them time to leave the residence. ment to the amendment of the Senate num- Federal and State environmental laws. The NPS will charge fair market value rental bered 150, and agree to the same with an (k) Notwithstanding the processes involved rates while any occupancy continues beyond an amendment, as follows: with the National Environmental Policy Act expired reservation. Reservation holders who Retain the matter proposed by said amend- and the State Environmental Policy Act, should stay beyond the expiration date will also be re- ment amended to read as follows: the Secretary of Agriculture and the Skamania quired to pay for appraisals to determine cur- SEC. 340. (a) The Secretary of Agriculture is County Board of Commissioners fail to reach an rent fair market value rental rates, any rehabili- authorized and directed to negotiate with agreement on an equal value exchange defined tation needed to ensure suitability for occu- Skamania County for the exchange of lands or under the terms of this legislation by September pancy, appropriate insurance, and all continu- interests in lands constituting the Wind River 30, 1999, the Wind River Nursery Site shall re- ing utility costs. Nursery Site within the Gifford Pinchot Na- main under Forest Service ownership and be And the Senate agree to the same. tional Forest, Washington. maintained by the Forest Service in a Amendment numbered 138: (b) In return for the Nursery Site properties, tenantable condition. That the House recede from its disagree- Skamania County is authorized and directed to And the Senate agree to the same. ment to the amendment of the Senate num- negotiate with the Forest Service the convey- Amendment numbered 151: bered 138 , and agree to the same with an ance of approximately 120 acres of high bio- That the House recede from its disagree- amendment, as follows: diversity, special management lands located ment to the amendment of the Senate num- Restore the matter stricken by said near Table Mountain within the Columbia River bered 151, and agree to the same with an amendment, amended to read as follows: Gorge National Scenic Area, title to which must amendment, as follows: SEC. 328. (a) None of the funds made available be acceptable to the Secretary of Agriculture. In lieu of the matter proposed by said in this Act or any other Act providing appro- (c) Before this exchange can occur, it must be amendment insert: priations for the Department of the Interior, the of equal value and the Secretary and the SEC. 341. The National Wildlife Refuge in Jas- Forest Service or the Smithsonian Institution Skamania County Board of Commissioners must per and Marion Counties, Iowa, authorized in may be used to submit nominations for the des- agree on the exact parcels of land to be included Public Law 101–302 shall be referred to in any ignation of Biosphere Reserves pursuant to the in the exchange. An agreement signed by the law, regulation, documents or record of the Man and Biosphere program administered by Secretary of Agriculture and the Skamania United States in which such project is referred the United Nations Educational, Scientific, and County Board of Commissioners describing the to, as the Neal Smith National Wildlife Refuge. Cultural Organization. properties involved and a certification that the And the Senate agree to the same. (b) The provisions of this section shall be re- exchange is of equal value must be completed no Amendment numbered 152: pealed upon enactment of subsequent legislation later than September 30, 1999. That the House recede from its disagree- specifically authorizing U.S. participation in (d) During this two year negotiating period, ment to the amendment of the Senate num- the Man and Biosphere program. the Wind River Nursery property shall not be bered 152, and agree to the same with an And the Senate agree to the same. conveyed to another party. The Forest Service amendment, as follows: Amendment numbered 142: shall maintain the site in a tenantable condi- Retain the matter proposed by said amend- That the House recede from its disagree- tion. ment amended as follows: ment to the amendment of the Senate num- (e) Except as provided herein, the exchange After ‘‘July 1997’’ in said amendment in- bered 142, and agree to the same with an shall be for equal value in accordance with land sert: ‘‘and issuing a Record of Decision’’; and amendment, as follows: exchange authorities applicable to the National the Senate agree to the same. In lieu of the matter proposed by said Forest System. Amendment numbered 153: amendment insert: (f) The Secretary is directed to equalize values That the House recede from its disagree- SEC. 333. No part of any appropriation con- by not only cash and exchange of lands, ease- ment to the amendment of the Senate num- tained in this Act shall be expended or obligated ments, reservations, and other interests in bered 153, and agree to the same with an to fund new revisions of national forest land lands, but also by full value credit for such serv- amendment, as follows: management plans until new final or interim ices as Skamania County provides to the Gifford In lieu of the matter proposed by said final rules for forest land management planning Pinchot and Columbia River Gorge National amendment insert: are published in the Federal Register. Those na- Scenic Area and as the Secretary and Skamania SEC. 343. The Secretary of Agriculture shall tional forests which are currently in a revision County deem appropriate. The Secretary may hereafter phase in, over a 3 year period in equal process, having formally published a Notice of accept services in lieu of cash when the Sec- annual installments, that portion of the fee in- Intent to revise prior to October 1, 1997, or hav- retary can discern cash value for the services crease for a recreation residence special use per- ing been court-ordered to revise, are exempt and when the Secretary determines such services mit holder which is more than 100 percent of the from this section and may utilize funds in this would provide direct benefits to lands and re- previous year’s fee, provided that no recreation October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9011 residence fee may be increased any sooner than of women, minorities, and individuals with dis- the White House without the advance approval one year from the time the permittee has been abilities who are involved in the arts and shall of the House and Senate Committees on Appro- notified by the Forest Service of the results of make such appointments so as to represent equi- priations. an appraisal which has been conducted for the tably all geographical areas in the United And the Senate agree to the same. purpose of establishing such fees: Provided, States. Amendment numbered 162: That no increases in recreation residence fees on ‘‘(2) TRANSITION TO THE NEW COUNCIL COM- That the House recede from its disagree- the Sawtooth National Forest will be imple- POSITION.— ment to the amendment of the Senate num- mented prior to January 1, 1999. ‘‘(A) Notwithstanding paragraph (b)(1)(B), bered 162, and agree to the same with an And the Senate agree to the same. members first appointed pursuant to such para- amendment, as follows: Amendment numbered 156: graph shall be appointed not later than Decem- That the House recede from its disagree- ber 31, 1997. Notwithstanding such paragraph, In lieu of the matter stricken by said ment to the amendment of the Senate num- such members shall be appointed to serve until amendment insert: bered 156, and agree to the same with an December 31, 1998. TITLE IV—ENVIRONMENTAL amendment, as follows: ‘‘(B) Members of the Council serving on the IMPROVEMENT AND RESTORATION FUND Retain the matter proposed by said amend- effective date of this subsection may continue to (a) One half of the amounts awarded by the ment, amended as follows: serve on the Council until their current terms Supreme Court to the United States in the case At the end of the amendment insert: expire and new Members shall not be appointed of United States of America v. State of Alaska (c) In providing services and awarding finan- under subsection (b)(1)(C) until the number of (117 S.Ct. 1888) shall be deposited in a fund in cial assistance under the National Foundation Presidentially appointed members is less than the Treasury of the United States to be known on the Arts and Humanities Act of 1965 with 14.’’. as the ‘‘Environmental Improvement and Res- funds appropriated by this Act, the Chairperson (f) Section 6(c) of the National Foundation on toration Fund’’ (referred to in this section as of the National Endowment for the Arts shall the Arts and the Humanities Act of 1965 (20 the ‘‘Fund’’). ensure that priority is given to providing serv- U.S.C. 955(c)) is amended— ices or awarding financial assistance for (1) by inserting ‘‘appointed under subsection (b) INVESTMENTS.— projects, productions, workshops, or programs (b)(1)(C)’’ after ‘‘member’’ each place it appears, (1) IN GENERAL.—The Secretary of the Treas- that will encourage public knowledge, edu- and ury shall invest amounts in the Fund in interest cation, understanding, and appreciation of the (2) in the second sentence by inserting ‘‘ap- bearing obligations of the United States. arts. pointed under subsection (b)(1)(C)’’ after ‘‘mem- (2) ACQUISITION OF OBLIGATIONS.—For the (d) With funds appropriated by this Act to bers’’. purpose of investments under paragraph (1), ob- carry out section 5 of the National Foundation And the Senate agree to the same. ligations may be acquired— on the Arts and Humanities Act of 1965— Amendment numbered 157: (A) on original issue at the issue price; or (1) the Chairperson shall establish a grant That the House recede from its disagree- ment to the amendment of the Senate num- (B) by purchase of outstanding obligations at category for projects, productions, workshops, the market price. or programs that are of national impact or bered 157, and agree to the same with an (3) SALE OF OBLIGATIONS.—Any obligations availability or are able to tour several States; amendment, as follows: Retain the matter proposed by said amend- acquired by the Fund may be sold by the Sec- (2) the Chairperson shall not make grants ex- retary of the Treasury at the market price. ceeding 15 percent, in the aggregate, of such ment, amended to read as follows: SEC. 347. No timber sale in Region 10 shall be (4) CREDITS TO FUND.—The interest earned funds to any single State, excluding grants advertised which, when using domestic Alaska from investments of the Fund shall be covered made under the authority of paragraph (1); and into and form a part of the Fund. (3) the Chairperson shall report to the Con- western red cedar selling values and manufac- gress annually and by State, on grants awarded turing costs, fails to provide at least 60 percent (c) TRANSFER AND AVAILABILITY OF AMOUNTS by the Chairperson in each grant category of normal profit and risk of the appraised tim- EARNED.— EACH YEAR, INTEREST EARNED AND under section 5 of such Act. ber, except at the written request by a prospec- COVERED INTO THE FUND IN THE PREVIOUS FIS- (e) Section 6(b) of the National Foundation on tive bidder. Program accomplishments shall be CAL YEAR SHALL BE AVAILABLE FOR APPROPRIA- the Arts and the Humanities Act of 1965 (20 based on volume sold. Should Region 10 sell, in TION, TO THE EXTENT PROVIDED IN THE SUBSE- U.S.C. 955(b)) is amended to read as follows: fiscal year 1998, the annual average portion of QUENT APPROPRIATIONS ACTS, AS FOLLOWS: the decadal allowable sale quantity called for in ‘‘(b) APPOINTMENT AND COMPOSITION OF (1) 80 percent of such amounts shall be made the current Tongass Land Management Plan COUNCIL.—(1) The Council shall be composed of available to be equally divided among the Direc- members as follows: which provides greater than 60 percent of nor- tors of the National Park Service, the U.S. Fish ‘‘(A) The Chairperson of the National Endow- mal profit and risk at the time of the sale adver- and Wildlife Service, the Bureau of Land Man- ment for the Arts, who shall be the chairperson tisement, all of the western red cedar timber agement, and the Chief of the Forest Service for of the Council. from those sales which is surplus to the needs of high priority deferred maintenance and mod- ‘‘(B) Members of Congress appointed for a 2 domestic processors in Alaska, shall be made ernization of facilities that directly enhance the year term beginning on January 1 of each odd- available to domestic processors in the contig- experience of visitors, including natural, cul- numbered year as follows: uous 48 United States at domestic rates. Should tural, recreational, and historic resources pro- ‘‘(i) 2 Members of the House of Representa- Region 10 sell, in fiscal year 1998, less than the tection projects in National Parks, National tives appointed by Speaker of the House of Rep- annual average portion of the decadal allowable Wildlife Refuges, and the public lands respec- resentatives. sale quantity called for in the current Tongass tively as provided in subsection (d) and for pay- ‘‘(ii) 1 Member of the House of Representatives Land Management Plan meeting the 60 percent ment to the State of Louisiana and its lessees for appointed by the Minority Leader of the House of the normal profit and risk standard at the oil and gas drainage in the West Delta field. of Representatives. time of advertisement, the volume of western red The Secretary shall submit with the annual ‘‘(iii) 2 Senators appointed by the Majority cedar available to domestic processors at domes- budget submission to Congress a list of high pri- Leader of the Senate. tic rates in the contiguous 48 states shall be that ority maintenance and modernization projects ‘‘(iv) 1 Senator appointed by the Minority volume: (i) which is surplus to the needs of do- for Congressional consideration. Leader of the Senate. mestic processors in Alaska and (ii) is that per- (2) 20 percent of such amounts shall be made cent of the surplus western red cedar volume de- Members of the Council appointed under this available to the Secretary of Commerce for the termined by calculating the ratio of the total subparagraph shall serve ex-officio and shall be purpose of carrying out marine research activi- timber volume which has been sold on the nonvoting members of the Council. ties in the North Pacific in accordance with sub- Tongass to the annual average portion of the ‘‘(C) 14 members appointed by the President, section (e). decadal allowable sale quantity called for in the by and with the advice and consent of the Sen- (d) PROJECTS.—A project referred to in para- current Tongass Land Management Plan. All ate, who shall be selected— graph (c)(1) shall be consistent with the laws additional western red cedar volume not sold to ‘‘(i) from among private citizens of the United governing the National Park System, the Na- Alaska or contiguous 48 United States domestic States who— tional Wildlife Refuge System, the public lands processors may be exported and sold at export ‘‘(I) are widely recognized for their broad and Forest Service lands and management plan rates at the election of the timber sale holder. knowledge of, or expertise in, or for their pro- for such unit. All Alaska yellow cedar may be sold at export found interest in, the arts; and rates at the election of the timber sale holder. (e) MARINE RESEARCH ACTIVITIES.—(1) Funds ‘‘(II) have established records of distinguished And the Senate agree to the same. available under subsection (C)(2) shall be used service, or achieved eminence, in the arts; Amendment numbered 158: by the Secretary of Commerce according to this ‘‘(ii) so as to include practicing artists, civic That the House recede from its disagree- subsection to provide grants to Federal, State, cultural leaders, members of the museum profes- ment to the amendment of the Senate num- private or foreign organizations or individuals sion, and others who are professionally engaged bered 158, and agree to the same with an to conduct research activities on or relating to in the arts; and amendment, as follows: the fisheries or marine ecosystems in the north ‘‘(iii) so as collectively to provide an appro- In lieu of the matter proposed by said Pacific Ocean, Bering Sea, and Arctic Ocean priate distribution of membership among major amendment insert: (including any lesser related bodies of water). art fields and interested citizens groups. Sec. 348. None of the funds in this Act may be (2) Research priorities and grant requests In making such appointments, the President used for planning, design or construction of im- shall be reviewed and recommended for Sec- shall give due regard to equitable representation provements to Pennsylvania Avenue in front of retarial approval by a board to be known as the H9012 CONGRESSIONAL RECORD — HOUSE October 22, 1997 North Pacific Research Board (referred to in priated from the Fund by December 15, 1998, the subject of the Agreement dated September 28, this subsection as the ‘‘Board’’). The Board Fund shall terminate and the amounts in the 1996 between the United States of America shall seek to avoid duplicating other research Fund including the accrued interest shall be ap- (hereinafter ‘‘United States’’), the State of Cali- activities, and shall place a priority on coopera- plied to reduce the Federal deficit. fornia, MAXXAM, Inc., and the Pacific Lumber tive research efforts designed to address pressing And the Senate agree to the same. Company. Of the entire Elk River Property, the fishery management or marine ecosystem infor- Amendment numbered 163: United States and the State of California are to mation needs. That the House recede from its disagree- retain approximately 1,845 acres and transfer (3) The Board shall be comprised of the fol- ment to the amendment of the Senate num- the remaining approximately 7,755 acres of Elk lowing representatives or their designees— bered 163, and agree to the same with an River Property to the Pacific Lumber Company. (A) the Secretary of Commerce, who shall be a amendment, as follows: The property to be acquired and retained by the co-chair of the Board; In lieu of the matter proposed by said United States and the State of California is that (B) the Secretary of State; amendment, insert: property that is the subject of the Agreement of (C) the Secretary of the Interior; TITLE V—PRIORITY LAND ACQUISITIONS, September 28, 1996 as generally depicted on (D) the Commandant of the Coast Guard; LAND EXCHANGES, AND MAINTENANCE maps labeled as sheets 1 through 7 of Township 3 and 4 North, Ranges 1 East and 1 West, of the (E) the Director of the Office of Naval Re- For priority land acquisitions, land exchange Humboldt Meridian, California, titled ‘‘Depend- search; agreements, other activities consistent with the ent Resurvey and Tract Survey’’, as approved (F) the Alaska Commissioner of Fish and Land and Water Conservation Fund Act of 1965, by Lance J. Bishop, Chief Cadastral Surveyor— Game, who shall also be a co-chair of the as amended, and critical maintenance to be con- California, on August 29, 1997. Such maps shall Board; ducted by the Bureau of Land Management, the be on file in the Office of the Chief Cadastral (G) the Chairman of the North Pacific Fishery United States Fish and Wildlife Service, the Na- Surveyor, Bureau of Land Management, Sac- Management Council; tional Park Service and the Forest Service, (H) the Chairman of the Arctic Research Com- ramento, California. The Secretary of the Inte- $699,000,000, to be derived from the Land and rior is authorized to make such typographical mission; Water Conservation Fund notwithstanding any (I) the Director of the Oil Spill Recovery Insti- and other corrections to this description as are other provision of law, to remain available until mutually agreed upon by the parties to the tute; September 30, 2001, of which $167,000,000 is (J) the Director of the Alaska SeaLife Center; Agreement of September 28, 1996. The land re- available to the Secretary of Agriculture and tained by the United States and the State of (K) five members nominated by the Governor $532,000,000 is available to the Secretary of the of Alaska and appointed by the Secretary of California (approximately 7,470 acres) shall Interior: Provided, That of the funds made hereafter be the ‘‘Headwaters Forest’’. Any Commerce, one of whom shall represent fishing available to the Secretary of Agriculture, not to interests, one of whom shall represent Alaska funds appropriated by the Federal government exceed $65,000,000 may be used to acquire inter- to acquire lands or interests in lands that en- Natives, one of whom shall represent environ- ests to protect and preserve Yellowstone Na- mental interests, one of whom shall represent large the Headwaters Forest by more than five tional Park, pursuant to the terms and condi- acres per each acquisition shall be subject to academia, and one of whom shall represent oil tions set forth in sections 502 and 504 of this and gas interests; specific authorization enacted subsequent to title, and $12,000,000 may be used for the reha- this Act, except that such funds may be used (L) three members nominated by the Governor bilitation and maintenance of the Beartooth of Washington and appointed by the Secretary pursuant to existing authorities to acquire such Highway pursuant to section 502 of this title: lands up to five acres per each acquisition or in- of Commerce; and Provided further, That of the funds made avail- terests in lands that may be necessary for road- (M) one member nominated by the Governor of able to the Secretary of the Interior, not to ex- ways to provide access to the Headwaters For- Oregon and appointed by the Secretary of Com- ceed $250,000,000 may be used to acquire inter- est. merce. ests to protect and preserve the Headwaters For- (b) EFFECTIVE PERIOD OF AUTHORIZATION.— The members of the Board shall be individuals est, pursuant to the terms and conditions set The authorization in subsection (a) expires knowledgeable by education, training, or experi- forth in sections 501 and 504 of this title, and March 1, 1999 and shall become effective only— ence regarding fisheries or marine ecosystems in $10,000,000 may be used for a direct payment to (1) when the State of California provides a the north Pacific Ocean, Bering Sea, or Arctic Humboldt County, California pursuant to sec- $130,000,000 contribution for the transaction; Ocean. Three nominations shall be submitted for tion 501 of this title: Provided further, That the (2) when the State of California approves a each member to be appointed under subpara- Secretary of the Interior and the Secretary of Sustained Yield Plan covering Pacific Lumber graphs (K), (L), and (M). Board members ap- Agriculture, after consultation with the heads Company timber property; pointed under subparagraphs (K), (L), and (M) of the Bureau of Land Management, the United (3) when the Pacific Lumber Company dis- shall serve for three year terms, and may be re- States Fish and Wildlife Service, the National misses the following legal actions as evidenced appointed. Park Service and the Forest Service, shall, in by instruments in form and substance satisfac- (4)(A) The Secretary of Commerce shall review fiscal year 1998 and each of the succeeding three tory to each of the parties to such legal actions: and administer grants recommended by the fiscal years, jointly submit to Congress a report Pacific Lumber Co. v. United States, No. 96– Board. If the Secretary does not approve a grant listing the lands and interests in land that the 257L (Fed. Cls.) and Salmon Creek Corp. v. Cali- recommended by the board, the Secretary shall Secretaries propose to acquire or exchange and fornia Board of Forestry, No. 96–CS–1057 (Cal. explain in writing the reasons for not approving the maintenance requirements they propose to Super. Ct.); (4) when the incidental take permit under Sec- such grant, and the amount recommended to be address using funds provided under this head- tion 10(a) of the Endangered Species Act (based used for such grant shall be available only for ing for purposes other than the purposes of sec- upon a multi-species Habitat Conservation Plan other grants recommended by the Board. tions 501 and 502 of this title: Provided further, covering Pacific Lumber Company timber prop- (B) Grant recommendations and other deci- That none of the funds appropriated under this erty, including applicable portions of the Elk sions of the Board shall be by majority vote, heading for purposes other than the purposes of River Property) is issued by the United States with each member having one vote. The Board sections 501 and 502 of this title shall be avail- Fish and Wildlife Service and the National Ma- shall establish written criteria for the submis- able until the House Committee on Appropria- rine Fisheries Service; sion of grant requests through a competitive tions and the Senate Committee on Appropria- (5) after an appraisal of all lands and inter- process and for deciding upon the award of tions approve, in writing, a list of projects to be ests therein to be acquired by the United States grants. Grants shall be recommended by the undertaken with such funds: Provided further, has been undertaken, such appraisal has been Board on the basis of merit in accordance with That monies provided in this title, when com- reviewed for a period not to exceed 30 days by the priorities established by the Board. The Sec- bined with monies provided by other titles in the Comptroller General of the United States, retary shall provide the Board such administra- this Act, shall, for the purposes of section 205(a) and such appraisal has been provided to the tive and technical support as is necessary for of H. Con. Res. 84 (105th Congress), be consid- Committee on Resources of the House of Rep- the effective functioning of the Board. The ered to provide $700,000,000 in budget authority resentatives, the Committee on Energy and Nat- Board shall be considered an advisory panel es- for fiscal year 1998 for Federal land acquisitions ural Resources of the Senate, and the Commit- tablished under section 302(g) of the Magnuson- and to finalize priority land exchanges. tees on Appropriations of the House and Senate; Stevens Fishery Conservation and Management SEC. 501. HEADWATERS FOREST AND ELK RIVER (6) after the Secretary of the Interior issues an Act (16 U.S.C. 1801 et seq.) for the purposes of PROPERTY ACQUISITION.— opinion of value to the Committee on Resources section 302(i)(1) of such Act, and the other pro- (a) AUTHORIZATION.—Subject to the terms and of the House of Representatives, the Committee cedural matters applicable to advisory panels conditions of this section, up to $250,000,000 on Energy and Natural Resources of the Senate, under section 302(i) of such Act shall apply to from the Land and Water Conservation Fund is and the Committees on Appropriations of the the Board to the extent practicable. Members of authorized to be appropriated to acquire lands House and Senate for the land and property to the Board may be reimbursed for actual ex- referenced in the Agreement of September 28, be acquired by the Federal government. Such penses incurred in performance of their duties 1996, which consist of approximately 4,500 acres opinion of value shall also include the total for the Board. Not more than 5 percent of the commonly referred to as the ‘‘Headwaters For- value of all compensation (including tax bene- funds provided to the Secretary of Commerce est’’, approximately 1,125 acres referred to as the fits) proposed to be provided for the acquisition; under paragraph (10 may be used to provide ‘‘Elk Head Forest’’, and approximately 9,600 (7) after an environmental impact statement support for the Board and administer grants acres referred to as the ‘‘Elk River Property’’, for the proposed Habitat Conservation Plan has under this subsection. which are located in Humboldt County, Califor- been prepared and completed in accordance (f) SUNSET.—If amounts are not assumed by nia. This section is the sole authorization for with the applicable provisions of the National the concurrent budget resolution and appro- the acquisition of such property, which is the Environmental Policy Act of 1969; and October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9013 (8) when adequate provision has been made appointed by the Governor of the State of Cali- (2) an assignment arranged by the Secretary for public access to the property. fornia. Three trustees shall be appointed by the under section 3372 of title 5, United States Code, (c) Notwithstanding any other provision of President of the United States. The first set of of a Federal or state employee for work in any law, the amount paid by the United States to trustees shall be appointed within 60 days of ex- Federal or State of California lands, or an ex- acquire identified lands and interests in lands ercising the authority under this subsection and tension of such assignment, may be for any pe- referred to in section 501(a) may differ from the the terms of the trustees shall begin on such riod of time determined by the Secretary or the value contained in the appraisal required by day. The Secretary of the Interior, the Secretary State of California, as appropriate, to be mutu- section 501(b)(5) if the Secretary of the Interior of Resources of the State of California, and the ally beneficial. certifies, in writing, to Congress that such ac- Chairman of the Humboldt County Board of Su- SEC. 502. PROTECTION AND PRESERVATION OF tion is in the best interest of the United States. pervisors shall be non-voting, ex officio members YELLOWSTONE NATIONAL PARK—ACQUISITION OF (d) HABITAT CONSERVATION PLAN. of the board of trustees. The Secretary is au- CROWN BUTTE MINING INTERESTS.— (1) APPLICABLE STANDARDS.—Within 60 days thorized to make grants to the Trust for the (a) AUTHORIZATION.—Subject to the terms and after the enactment of this section, the Sec- management of the Headwaters Forest from conditions of this section, up to $65,000,000 from retary of the Interior and the Secretary of Com- amounts authorized and appropriated. the Land and Water Conservation Fund is au- merce shall report to the Committee on Energy (2) OPERATIONS.—The Trust shall have the thorized to be appropriated to acquire identified and Natural Resources of the Senate and the power to develop and implement the manage- lands and interests in lands referred to in the Committee on Resources of the House of Rep- ment plan for the Headwaters Forest. Agreement of August 12, 1996 to protect and pre- resentatives on the scientific and legal stand- (i) MANAGEMENT PLAN.— serve Yellowstone National Park. ards and criteria for threatened, endangered, (1) IN GENERAL—A concise management plan (b) CONDITIONS OF ACQUISITION AUTHORITY.— and candidate species under the Endangered for the Headwaters Forest shall be developed The Secretary of Agriculture may not acquire Species Act and any other species used to de- and periodically amended as necessary by the the District Property until: velop the habitat conservation plan (hereinafter Secretary of the Interior in consultation with (1) the parties to the Agreement have entered ‘‘HCP’’) and the section 10(a) incidental take the State of California (and in the case that the into and lodged with the United States District permit for the Pacific Lumber Company land. authority provided in subsection (h) is exercised, Court for the District of Montana a consent de- (2) REPORT.—If the Pacific Lumber Company the trustees shall develop and periodically cree as required under the Agreement that re- submits an application for an incidental take amend the management plan), and shall meet quires, among other things, Crown Butte to per- permit under section 10(a) of the Endangered the following requirements: form response or restoration actions (or both) or Species Act for the transaction authorized by (A) Management goals for the plan shall be to pay for such actions in accordance with the subsection (a), and the permit is not issued, conserve and study the land, fish, wildlife, and Agreement; then the U.S. Fish and Wildlife Service and the forests occurring on such land while providing (2) an appraisal of the District Property has National Marine Fisheries Service shall set forth public recreation opportunities and other man- been undertaken, such appraisal has been re- the substantive rationale or rationales for why agement needs. viewed for a period not to exceed 30 days by the the measures proposed by the applicant for such (B) Before a management structure and man- Comptroller General of the United States, and permit did not meet the issuance criteria for the agement plan are adopted for such land, the such appraisal has been provided to the Com- species at issue. Such report shall be submitted Secretary of the Interior or the board of trust- mittee on Resources of the House of Representa- to the Congress within 60 days of the decision ees, as the case may be, shall submit a proposal tives, the Committee on Energy and Natural Re- not to issue such permit or by May 1, 1999, for the structure and plan to the Committee on sources of the Senate, and the House and Senate whichever is earlier. Energy and Natural Resources of the Senate Committees on Appropriations; (3) HCP STANDARDS.—If a section 10(a) permit and the Committee on Resources of the House of (3) after the Secretary of Agriculture issues an for the Pacific Lumber Company HCP is issued, Representatives. The proposed management opinion of value to the Committee on Resources it shall be deemed to be unique to the cir- plan shall not become effective until the passage of the House of Representatives, the Committee cumstances associated with the acquisition au- of 90 days after its submission to the Commit- on Energy and Natural Resources of the Senate, thorized by this section and shall not establish tees. and the House and Senate Committees on Ap- a higher or lesser standard for any other multi- (C) The Secretary of the Interior or the board propriations for the land and property to be ac- species HCPs than would otherwise be estab- of trustees, as the case may be, shall report an- quired by the Federal government; and (4) the applicable requirements of the National lished under existing law. nually to the Committee on Energy and Natural Environmental Policy Act have been met. (e) PAYMENT TO HUMBOLDT COUNTY.—Within Resources of the Senate, the Committee on Re- (c) Notwithstanding any other provision of 30 days of the acquisition of the Headwaters sources of the House of Representatives, and the law, the amount paid by the United States to Forest, the Secretary of the Interior shall pro- House and Senate Committees on Appropria- acquire identified lands and interests in lands vide a $10,000,000 direct payment to Humboldt tions concerning the management of lands ac- referred to in the Agreement of August 12, 1996 County, California. quired under the authority of this section and to protect and preserve Yellowstone National (f) PAYMENT IN LIEU OF TAXES.—The Federal activities undertaken on such lands. Park may exceed the value contained in the ap- portion of the Headwaters Forest acquired pur- (2) PLAN.—The management plan shall guide praisal required by section 502(b)(2) if the Sec- suant to this section shall be entitlement land general management of the Headwaters Forest. retary of Agriculture certifies, in writing, to under section 6905 of title 31 of the United Such plan shall address the following manage- Congress that such action is in the best interest States Code. ment issues— of the United States. (g) OUT-YEAR BUDGET LIMITATIONS.—The fol- (A) scientific research on forests, fish, wild- (d) DEPOSIT IN ACCOUNT.—Immediately upon lowing funding limitations and parameters shall life, and other such activities that will be fos- receipt of payments from the United States, apply to the Headwaters Forest acquired under tered and permitted on the Headwaters Forest; Crown Butte shall deposit $22,500,000 in an in- subsection (a)— (B) providing recreation opportunities on the terest bearing account in a private, federally (1) At least fifty percent of the total funds for Headwaters Forest; chartered financial institution that, in accord- management of such lands above the annual (C) access to the Headwaters Forest; level of $100,000 shall (with the exception of law (D) construction of minimal necessary facili- ance with the Agreement, shall be— (1) acceptable to the Secretary of Agriculture; enforcement activities and emergency activities) ties within the Headwaters Forest so as to main- and be from non-federal sources. tain the ecological integrity of the Headwaters (2) available to carry out response and res- (2) Subject to appropriations, the authorized Forest; toration actions. annual federal funding for management of such (E) other management needs; and The balance of amounts remaining in such ac- land is $300,000 (with the exception of law en- (F) an annual budget for the management of count after completion of response and restora- forcement activities and emergency activities). the Headwaters Forest, which shall include a tion actions shall be available to the Secretary (3) The Secretary of the Interior or the Head- projected revenue schedule (such as fees for re- of Agriculture for use in the New World Mining waters Forest Management Trust referenced in search and recreation) and projected expenses. District for any environmentally beneficial pur- subsection (h) is authorized to accept and use (3) COMPLIANCE.—The National Environ- pose otherwise authorized by law. donations of funds and personal property from mental Policy Act shall apply to the develop- (e) MAINTENANCE AND REHABILITATION OF the State of California, private individuals, and ment and implementation of the management BEARTOOTH HIGHWAY.— other non-governmental entities for the purpose plan. (1) MAINTENANCE.—The Secretary of Agri- of management of the Headwaters Forest. (j) COOPERATIVE MANAGEMENT.— culture shall, consistent with the funds provided (h) HEADWATERS FOREST MANAGEMENT (1) The Secretary of the Interior may enter herein, be responsible for— TRUST.—The Secretary of the Interior is author- into agreements with the State of California for (A) snow removal on the Beartooth Highway ized, with the written concurrence of the Gov- the cooperative management of any of the fol- from milepost 0 in Yellowstone National Park, ernor of the State of California, to establish a lowing: Headwaters Forest, Redwood National into and through Wyoming, to milepost 43.1 on Headwaters Forest Management Trust Park, and proximate state lands. The purpose of the border between Wyoming and Montana; and (‘‘Trust’’) for the management of the Head- such agreements is to acquire from and provide (B) pavement preservation, in conformance waters Forest as follows: to the State of California goods and services to with a pavement preservation plan, on the (1) MANAGEMENT AUTHORITY.—The Secretary be used by the Secretary and the State of Cali- Beartooth Highway from milepost 8.4 to milepost of the Interior is authorized to vest management fornia in cooperative management of lands if 24.5. authority and responsibility in the Trust com- the Secretary determines that appropriations for (2) REHABILITATION.—The Secretary of Agri- posed of a board of five trustees each appointed that purpose are available and an agreement is culture shall be responsible for conducting reha- for terms of three years. Two trustees shall be in the best interests of the United States; and bilitation and minor widening of the portion of H9014 CONGRESSIONAL RECORD — HOUSE October 22, 1997

the Beartooth Highway in Wyoming that runs (d) AVAILABILITY OF MAP.—The Secretary of VATE TIMBER OPEN MARKET AREA’’; after ‘‘AP- from milepost 24.5 to milepost 43.1. the Interior shall keep the map referred to in PLICATION’’; and (3) AUTHORIZATION OF APPROPRIATIONS.— paragraph (a)(2) on file and available for public (ii) in subparagraph (A), by inserting ‘‘(except There is authorized to be appropriated to the inspection in appropriate offices of the Depart- private land located in the north-western pri- Secretary of Agriculture— ment of the Interior located in the District of vate timber open market area)’’ after ‘‘lands’’; (A) for snow removal and pavement preserva- Columbia and Billings, Montana, until January (C) in paragraph (3)— tion under paragraph (1), $2,000,000; and 1, 2001. (i) in the paragraph heading, by inserting (B) for rehabilitation under paragraph (2), (3) CONVEYANCE DEPENDENT UPON ACQUISI- ‘‘FOR SOURCING AREAS FOR PROCESSING FACILI- $10,000,000. TION.—No conveyance pursuant to paragraph TIES LOCATED OUTSIDE OF THE NORTHWESTERN (4) AVAILABILITY OF FUNDS.—Within 30 days (a) shall take place unless the acquisition au- PRIVATE TIMBER OPEN MARKET AREA.—(A) IN of the acquisition of lands and interests in lands thorized in section 502(a) is executed. GENERAL’’; after ‘‘APPROVAL’’; and pursuant to this section, the funds authorized SEC. 504. The acquisitions authorized by sec- (ii) by striking the last sentence of paragraph in subsection (e)(3) and appropriated herein for tions 501 and 502 of this title may not occur (3) and adding at the end the following: that purpose shall be made available to the Sec- prior to the earlier of: (1) 180 days after enact- ‘‘(B) FOR TIMBER MANUFACTURING FACILITIES retary of Agriculture. ment of this Act or (2) enactment of separate au- LOCATED IN IDAHO.—Except as provided in sub- (f) RESPONSE AND RESTORATION PLAN.—The thorizing legislation that modifies sections 501, paragraph (D), in making a determination re- Administrator of the Environmental Protection 502, or 503 of this title. Within 120 days of enact- ferred to in subparagraph (A), the Secretary Agency and the Secretary of Agriculture shall ment, the Secretary of the Interior and the Sec- concerned shall consider the private timber ex- approve or prepare a plan for response and res- retary of Agriculture, respectively, shall submit port and the private and Federal timber toration activities to be undertaken pursuant to to the Committee on Resources of the House of sourcing patterns for the applicant’s timber the Agreement and a quarterly accounting of Representatives, the Senate Committee on En- manufacturing facilities, as well as the private expenditures made pursuant to such plan. The ergy and Natural Resources and the House and and Federal timber sourcing patterns for the plan and accountings shall be transmitted to the Senate Committees on Appropriations, reports timber manufacturing facilities of other persons Committee on Resources of the House of Rep- detailing the status of efforts to meet the condi- in the same local vicinity of the applicant, and resentatives, the Senate Committee on Energy tions set forth in this title imposed on the acqui- the relative similarity of such private and Fed- and Natural Resources and the House and Sen- sition of the interests to protect and preserve the eral timber sourcing patterns. ate Committees on Appropriations. ‘‘(C) FOR TIMBER MANUFACTURING FACILITIES Headwaters Forest and the acquisition of inter- (g) MAP.—The Secretary of Agriculture shall LOCATED IN STATES OTHER THAN IDAHO.—Except ests to protect and preserve Yellowstone Na- provide to the Committee on Resources of the as provided in subparagraph (D), in making the tional Park. For every day beyond 120 days House of Representatives, the Senate Committee determination referred to in subparagraph (A), after the enactment of this Act that the apprais- on Energy and Natural Resources and the the Secretary concerned shall consider the pri- als required in subsections 501(b)(5) and House and Senate Committees on Appropria- vate timber export and the Federal timber 502(b)(2) are not provided to the Committee on tions, a map depicting the acreage to be ac- sourcing patterns for the applicant’s timber Resources of the House, the Committee on En- quired pursuant to this section. manufacturing facilities, as well as the Federal ergy and Natural Resources of the Senate and (h) DEFINITIONS.—In this section: timber sourcing patterns for the timber manu- the House and Senate Committees on Appropria- (1) AGREEMENT.—The term ‘‘Agreement’’ facturing facilities of other persons in the same tions in accordance with such subsections, the means the agreement in principle, concerning local vicinity of the applicant, and the relative 180 day period referenced in this section shall be the District Property, entered into on August 12, similarity of such Federal timber sourcing pat- extended by one day. 1996 by Crown Butte Mines, Inc., Crown Butte terns. Private timber sourcing patterns shall not SEC. 505. The Land and Water Conservation Resources Ltd., Greater Yellowstone Coalition, be a factor in such determinations in States Fund Act of 1965 (P.L. 88–578; 78 Stat. 897) (16 Northwest Wyoming Resource Council, Sierra other than Idaho. U.S.C. 460l–4—460l–11) is amended by moving Club, Gallatin Wildlife Association, Wyoming ‘‘(D) AREA NOT INCLUDED.—In deciding Wildlife Federation, Montana Wildlife Federa- section 13 (as added by section 1021(b) of the whether to approve or disapprove an applica- tion, Wyoming Outdoor Council, Beartooth Alli- Omnibus Parks and Public Lands Management tion, the Secretary shall not— ance, and the United States of America, with Act of 1996; 110 Stat. 4210) so as to appear in ‘‘(i) consider land located in the northwestern such other changes mutually agreed to by the title I of that Act following section 12. private timber open market area; or parties; And the Senate agree to the same. ‘‘(ii) condition approval of the application on (2) BEARTOOTH HIGHWAY.—The term Amendment numbered 164: the inclusion of any such land in the appli- ‘‘Beartooth Highway’’ means the portion of That the House recede from its disagree- cant’s sourcing area, such land being includable United States Route 212 that runs from the ment to the amendment of the Senate num- in the sourcing area only to the extent requested northeast entrance of Yellowstone National bered 164, and agree to the same with an by the applicant.’’; Park near Silver Gate, Montana, into and amendment, as follows: (D) in paragraph (4), in the paragraph head- through Wyoming to Red Lodge, Montana. Retain the matter proposed by said amend- ing, by inserting ‘‘FOR SOURCING AREAS (3) CROWN BUTTE.—The term ‘‘Crown Butte’’ ment, amended to read as follows: FOR PROCESSING FACILITIES LOCATED means Crown Butte Mines, Inc. and Crown TITLE VI—FOREST RESOURCES OUTSIDE THE NORTHWESTERN PRIVATE Butte Resources Ltd., acting jointly. CONSERVATION AND SHORTAGE RELIEF TIMBER OPEN MARKET AREA’’; after ‘‘AP- (4) DISTRICT PROPERTY.—The term ‘‘District SEC. 601. SHORT TITLE.—This Act may be cited PLICATION’’; Property’’ means the portion of the real prop- as the ‘‘Forest Resources Conservation and (E) in paragraph (5), in the paragraph head- erty interests specifically described as District Shortage Relief Act of 1997’’. ing, by inserting ‘‘FOR SOURCING AREAS Property in appendix B of the Agreement. SEC. 602. (a) USE OF UNPROCESSED TIMBER— FOR PROCESSING FACILITIES LOCATED (5) NEW WORLD MINING DISTRICT.—The term OUTSIDE THE NORTHWESTERN PRIVATE ‘‘New World Mining District’’ means the New LIMITATION ON SUBSTITUTION OF UNPROCESSED FEDERAL TIMBER FOR UNPROCESSED TIMBER TIMBER OPEN MARKET AREA’’; after ‘‘DE- World Mining District as specifically described TERMINATIONS’’; and in appendix A of the Agreement. FROM PRIVATE LAND.—Section 490 of the Forest Resources Conservation and Shortage Relief Act (F) by adding at the end the following: SEC. 503. CONVEYANCE TO STATE OF MONTANA ‘‘(6) SOURCING AREAS FOR PROCESSING FACILI- of 1990 (16 U.S.C. 620b) is amended— (a) CONVEYANCE REQUIREMENT.—Not later TIES LOCATED IN THE NORTHWESTERN PRIVATE than January 1, 2001, but not prior to 180 days (1) in subsection (a)— (A) in paragraph (1), by inserting ‘‘paragraph TIMBER OPEN MARKET AREA— after the enactment of this Act, the Secretary of ‘‘(A) ESTABLISHMENT.—In the northwestern (3) and’’ after ‘‘provided in’’; and the Interior shall convey to the State of Mon- private timber open market area— tana, without consideration, all right, title, and (B) by adding at the end the following: ‘‘(i) a sourcing area boundary shall be a circle ‘‘(3) APPLICABILITY.—In the case of the pur- interest of the United States in and to— around the processing facility of the sourcing chase by a person of unprocessed timber origi- (1) $10,000,000 in federal mineral rights in the area applicant or holder; State of Montana agreed to by the Secretary of nating from Federal lands west of the 119th me- ‘‘(ii) the radius of the circle— the Interior and the Governor of Montana ridian in the State of Washington, paragraph 1 ‘‘(I) shall be the furthest distance that the through negotiations in accordance with para- shall apply only if— sourcing area applicant or holder proposes to graph (b); or ‘‘(A) the private lands referred to in para- haul Federal timber for processing at the proc- (2) all federal mineral rights in the tracts in graph (1) are owned by the person; or essing facility; and Montana depicted as Otter Creek number 1, 2, ‘‘(B) the person has the exclusive right to har- ‘‘(II) shall be determined solely by the and 3 on the map entitled ‘‘Ashland Map’’. vest timber from the private lands described in sourcing area applicant or holder; (b) NEGOTIATIONS.—The Secretary of the Inte- paragraph (1) during a period of more than 7 ‘‘(iii) a sourcing area shall become effective on rior shall promptly enter into negotiations with years, and may exercise that right at any time written notice to the Regional Forester for Re- the Governor of Montana for purposes of para- of the person’s choosing.’’; gion 6 of the Forest Service of the location of the graph (a)(1) to determine and agree to mineral (2) in subsection (c)— boundary of the sourcing area; rights owned by the United States having a fair (A) in the subsection heading, by striking ‘‘(iv) the 24-month requirement in paragraph market value of $10,000,000. ‘‘APPROVAL OF’’; (1)(A) shall not apply; (c) FEDERAL LAW NOT APPLICABLE TO CON- (B) in paragraph (2)— ‘‘(v) a sourcing area holder— VEYANCE.—Any conveyance under paragraph (i) in the paragraph heading, by inserting ‘‘(I) may adjust the radius of the sourcing (a) shall not be subject to the Mineral Leasing ‘‘FOR SOURCING AREAS FOR PROCESSING FACILI- area not more frequently than once every 24 Act (20 U.S.C. 181 et seq.). TIES LOCATED OUTSIDE THE NORTHWESTERN PRI- months; and October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9015

‘‘(II) shall provide written notice to the Re- ‘‘(aa) reduce the penalty; ‘‘(3) DEADLINE.— gional Forester for Region 6 of the adjusted ‘‘(bb) not impose the penalty; or ‘‘(A) IN GENERAL.—Except as otherwise pro- boundary of its sourcing area before using the ‘‘(cc) on condition of there being no further vided in this title, regulations and guidelines re- adjusted sourcing area; and violation under this paragraph for a prescribed quired under this subsection shall be issued not ‘‘(vi) a sourcing area holder that relinquishes period, suspend imposition of the penalty. later than June 1, 1998. a sourcing area may not reestablish a sourcing ‘‘(ii) CONTRACTURAL REMEDIES.—In the case ‘‘(B) The regulations and guidelines issued area for that processing facility before the date of a minor violation of this title (including a under this title that were in effect prior to Sep- that is 24 months after the date on which the regulation), the Secretary concerned shall, to tember 8, 1995 shall remain in effect until new sourcing area was relinquished. the maximum extent practicable, permit a con- regulations and guidelines are issued under sub- ‘‘(B) TRANSITION.—With respect to a portion tracting officer to redress the violation in ac- paragraphs (A). of a sourcing area established before the date of cordance with the applicable timber sale con- ‘‘(4) PAINTING AND BRANDING.— enactment of this paragraph that contains Fed- tract rather than assess a penalty under this ‘‘(A) IN GENERAL.—The Secretary concerned eral timber under contract before that date and paragraph.’’; and shall issue regulations that impose reasonable is outside the boundary of a new sourcing area (2) in subsection (d)(1)— painting, branding, or other forms of marking or established under subparagraph (A)— (A) by striking ‘‘The head’’ and inserting the tracking requirements on unprocessed timber ‘‘(i) that portion shall continue to be a following: if— sourcing area only until unprocessed Federal ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(i) the benefits of the requirements outweigh timber from the portion is no longer in the pos- (B), the head’’; and the cost of complying with the requirements; session of the sourcing area holder; and (B) by adding at the end the following: and ‘‘(ii) unprocessed timber from private land in ‘‘(B) PREREQUISITES FOR DEBARMENT.— ‘‘(ii) the Secretary determines that, without that portion shall be exportable immediately ‘‘(i) IN GENERAL.—No person may be debarred the requirements, it is likely that the unproc- after unprocessed timber from Federal land in from bidding for or entering into a contract for essed timber— the portion is no longer in the possession of the the purchase of unprocessed timber from Federal ‘‘(I) would be exported in violation of this sourcing area holder. lands under subparagraph (A) unless the head title; or of the appropriate Federal department or agen- ‘‘(7) RELINQUISHMENT AND TERMINATION OF ‘‘(II) if the unprocessed timber originated from cy first finds, on the record and after an oppor- SOURCING AREAS.— Federal lands, would be substituted for unproc- ‘‘(A) IN GENERAL.—A sourcing area may be re- tunity for a hearing, that debarment is war- essed timber originating from private lands west linquished at any time. ranted. of the 100th Meridian in the contiguous 48 ITHHOLDING OF AWARDS DURING DEBAR ‘‘(B) EFFECTIVE DATE.—A relinquishment of a ‘‘(ii) W - States in violation of this title. sourcing area shall be effective as of the date on MENT PROCEEDINGS.—The head of an appro- ‘‘(B) MINIMUM SIZE. The Secretary concerned which written notice is provided by the sourcing priate Federal department or agency may with- shall not impose painting, branding, or other area holder to the Regional Forester with juris- hold an award under this title of a contract for forms of marking or tracking requirements on— diction over the sourcing area where the proc- the purchase of unprocessed timber from Federal ‘‘(i) the face of a log that is less than 7 inches essing facility of the holder is located. lands during a debarment proceeding.’’. in diameter; or SEC. 604. DEFINITIONS.—Section 493 of the ‘‘(ii) unprocessed timber that is less than 8 ‘‘(C) EXPORTABILITY.— 1 ‘‘(i) IN GENERAL.—On relinquishment or termi- Forest Resources Conservation and Shortage feet in length or less than ⁄3 sound wood. nation of a sourcing area, unprocessed timber Relief Act of 1990 (16 U.S.C. 620e) is amended— ‘‘(C) WAIVERS.— ‘‘(i) IN GENERAL.—The Secretary concerned from private land within the former boundary of (1) by redesignating paragraphs (3) through may waive log painting and branding require- the relinquished or terminated sourcing area is (8) as paragraphs (5) through (10), respectively; (2) by inserting after paragraph (2) the follow- ments— exportable immediately after unprocessed timber ing: ‘‘(I) for a geographic area, if the Secretary de- from Federal land from within that area is no ‘‘(3) MINOR VIOLATION.—The term ‘minor vio- termines that the risk of the unprocessed timber longer in the possession of the former sourcing lation’ means a violation, other than an inten- being exported from the area or used in substi- area holder. tional violation, involving a single contract, tution is low; ‘‘(ii) NO RESTRICTION.—The exportability of un- purchase order, processing facility, or log yard ‘‘(II) with respect to unprocessed timber origi- processed timber from private land located out- involving a quantity of logs that is less than 25 nating from private lands located within an ap- side of a sourcing area shall not be restricted or logs and has a total value (at the time of the proved sourcing area for a person who certifies in any way affected by relinquishment or termi- violation) of less than $10,000. that the timber will be processed at a specific nation of a sourcing area.’’; and ‘‘(4) NORTHWESTERN PRIVATE TIMBER OPEN domestic processing facility to the extent that (3) by adding at the end the following: MARKET AREA.—The term ‘northwestern private the processing does occur; or ‘‘(d) DOMESTIC TRANSPORTATION AND PROC- timber open market area’ means the State of ‘‘(III) as part of a log yard agreement that is ESSING OF PRIVATE TIMBER.—Nothing in this Washington.’’; consistent with the purposes of the export and section restricts or authorizes any restriction on (3) in subparagraph (B)(ix) of paragraph (9) substitution restrictions imposed under this title. the domestic transportation or processing of tim- (as redesignated by paragraph (1))— ‘‘(ii) REVIEW AND TERMINATION OF WAIVERS.— ber harvested from private land, except that the (A) by striking ‘‘Pulp logs or cull logs’’ and A waiver granted under clause (i)— Secretary may prohibit processing facilities lo- inserting ‘‘Pulp logs, cull logs, and incidental ‘‘(I) shall, to the maximum extent practicable, cated in the State of Idaho that have sourcing volumes of grade 3 and 4 sawlogs’’; be reviewed once a year; and areas from processing timber harvested from pri- (B) by inserting ‘‘primary’’ before ‘‘purpose’’; ‘‘(II) shall remain effective until terminated vate land outside of the boundaries of those and by the Secretary. sourcing areas.’’. (C) by striking the period at the end and in- (D) FACTORS.—In making a determination (b) RESTRICTION OF EXPORTS OF UNPROCESSED serting: ‘‘, or to the extent that a small quantity under this paragraph, the Secretary concerned TIMBER FROM STATE AND PUBLIC LAND.—Sec- of such logs are processed, into other products shall consider— tion 491(b)(2) of the Forest Resources Conserva- at domestic processing facilities.’’; and ‘‘(i) the risk of unprocessed timber of that spe- tion and Shortage Relief Act of 1990 (16 U.S.C. (4) by adding at the end the following: cies, grade, and size being exported or used in 620c(b)(2)) is amended— ‘‘(11) VIOLATION.—The term ‘violation’ means substitution; (1) by striking ‘‘the following’’ and all that a violation of this Act (including a regulation ‘‘(ii) the location of the unprocessed timber follows through ‘‘(A) The Secretary’’ and insert- issued to implement this Act) with regard to a and the effect of the location on its being ex- ing ‘‘the Secretary’’; course of action, including— ported or used in substitution; (2) by striking ‘‘during the period beginning ‘‘(A) in the case of a violation by the original ‘‘(iii) the history of the person involved with on June 1, 1993, and ending on December 31, purchaser of unprocessed timber, an act or omis- respect to compliance with log painting and 1995’’ and inserting ‘‘as of the date of enactment sion with respect to a single timber sale; and branding requirements; and of the Forest Resources Conservation and Short- ‘‘(B) in the case of a violation of a subsequent ‘‘(iv) any other factor that is relevant to de- age Relief Act of 1997’’; and purchaser of the timber, an act or omission with termining the likelihood of the unprocessed tim- (3) by striking subparagraph (B). respect to an operation at a particular process- ber being exported or used in substitution. SEC. 603. MONITORING AND ENFORCEMENT.— ing facility or log yard.’’. ‘‘(5) REPORTING.— Section 492 of the Forest Resources Conservation SEC. 605. REGULATIONS.—Section 495(a) of the ‘‘(A) IN GENERAL.—Subject to subparagraph and Shortage Relief Act of 1990 (16 U.S.C. 620d) Forest Resources Conservation and Shortage (B), the Secretary concerned shall issue regula- is amended— Relief Act of 1990 (16 U.S.C. 620f(a)) is amend- tions that impose reasonable documentation and (1) in subsection (c)(2), by adding at the end ed— reporting requirements if the benefits of the re- the following: (1) by striking ‘‘The Secretaries’’ and insert- quirements outweigh the cost of complying with (C) MITIGATION OF PENALTIES.— ing the following: the requirements. ‘‘(i) IN GENERAL.—The Secretary concerned— ‘‘(1) AGRICULTURE AND INTERIOR.—The Sec- ‘‘(B) WAIVERS.— ‘‘(I) in determining the applicability of any retaries’’; ‘‘(i) IN GENERAL.—The Secretary concerned penalty imposed under this paragraph, shall (2) by striking ‘‘The Secretary of Commerce’’ may waive documentation and reporting re- take into account all relevant mitigating factors, and inserting the following: quirements for a person if— including mistake, inadvertence, and error; and ‘‘(2) COMMERCE.—The Secretary of Com- ‘‘(I) an audit of the records of the facility of ‘‘(II) based on any mitigating factor, may, merce’’; and the person reveals substantial compliance with with respect to any penalty imposed under this (3) by striking the last sentence and inserting all notice, reporting, painting, and branding re- paragraph— the following: quirements during the preceding year; or H9016 CONGRESSIONAL RECORD — HOUSE October 22, 1997 ‘‘(II) the person transferring the unprocessed (B) has the authority to execute the Settle- other than the land referred to in that subpara- timber and the person processing the unproc- ment Agreement pursuant to section 334.044, graph to the Florida Department of Transpor- essed timber enter into an advance agreement Florida Statutes. tation; and with the Secretary concerned regarding the dis- (3) LAWSUIT.—The term ‘‘lawsuit’’ means the (4) upon finding that all necessary conditions position of the unprocessed timber by domestic action in the United States District Court for precedent to the transfer of Florida lands from processing. the Southern District of Florida, entitled the State of Florida to the United States have ‘‘(ii) REVIEW AND TERMINATION OF WAIVERS.— Miccosukee Tribe of Indians of Florida v. State been or will be met so that the Agreement has A waiver granted under clause (i)— of Florida and Florida Department of Transpor- been or will be fulfilled but for the execution of ‘‘(I) shall, to the maximum extent practicable, tation, et al., docket No. 6285–Civ–Paine. that land transfer and related land transfers, be reviewed once a year; and (4) MICCOSUKEE LANDS.—The term receive and accept in trust for the use and bene- ‘‘(II) shall remain effective until terminated ‘‘Miccosukee lands’’ means lands that are— fit of the Miccosukee Tribe ownership of all by the Secretary.’’. (A) held in trust by the United States for the land identified in the Settlement Agreement for And the Senate agree to the same. use and benefit of the Miccosukee Tribe as transfer to the United States. Amendment numbered 165: Miccosukee Indian Reservation lands; and That the House recede from its disagree- SEC. 706. MICCOSUKEE INDIAN RESERVATION (B) identified pursuant to the Settlement ment to the amendment of the Senate num- LANDS.—The lands transferred and held in trust Agreement for transfer to the Florida Depart- bered 165, and agree to the same with an for the Miccosukee Tribe under section 705(4) ment of Transportation. amendment, as follows: shall be Miccosukee Indian Reservation lands. (5) MICCOSUKEE TRIBE; TRIBE.—The terms Retain the matter proposed by said amend- SEC. 707. MISCELLANEOUS.—(a) RULE OF CON- ‘‘Miccosukee Tribe’’ and ‘‘Tribe’’ mean the ment amended to read as follows: STRUCTION.—Nothing in this Act or the Settle- Miccosukee Tribe of Indians of Florida, a tribe ment Agreement shall— TITLE VII—MICCOSUKEE SETTLEMENT of American Indians recognized by the United (1) affect the eligibility of the Miccosukee SEC. 701. SHORT TITLE.—This title may be States and organized under section 16 of the Act Tribe or its members to receive any services or cited as the ‘‘Miccosukee Settlement Act of of June 18, 1934 (48 Stat. 987, chapter 576; 25 benefits under any program of the Federal Gov- 1997’’. U.S.C. 476) and recognized by the State of Flor- ernment; or SEC. 702. CONGRESSIONAL FINDINGS.—Congress ida pursuant to chapter 285, Florida Statutes. (2) diminish the trust responsibility of the finds that: (6) SECRETARY.—The term ‘‘Secretary’’ means (1) There is pending before the United States the Secretary of the Interior. United States to the Miccosukee Tribe and its District Court for the Southern District of Flor- (7) SETTLEMENT AGREEMENT; AGREEMENT.— members. ida a lawsuit by the Miccosukee Tribe that in- The terms ‘‘Settlement Agreement’’ and ‘‘Agree- (b) NO REDUCTIONS IN PAYMENTS.—No pay- volves the taking of certain tribal lands in con- ment’’ mean the assemblage of documents enti- ment made pursuant to this Act or the Settle- nection with the construction of highway Inter- tled ‘‘Settlement Agreement’’ (with incorporated ment Agreement shall result in any reduction or state 75 by the Florida Department of Transpor- exhibits) that— denial of any benefits or services under any pro- tation. (A) addresses the lawsuit; and gram of the Federal Government to the (2) The pendency of the lawsuit referred to in (B)(i) was signed on August 28, 1996, by Ben Miccosukee Tribe or its members, with respect to paragraph (1) clouds title of certain lands used G. Watts (Secretary of the Florida Department which the Tribe or the members of the Tribe are in the maintenance and operation of the high- of Transportation) and Billy Cypress (Chairman entitled or eligible because of the status of— way and hinders proper planning for future of the Miccosukee Tribe); and (1) the Miccosukee Tribe as a federally recog- maintenance and operations. (ii) after being signed, as described in clause nized Indian tribe; or (3) The Florida Department of Transpor- (i), was concurred in by the Board of Trustees (2) any member of the Miccosukee Tribe as a tation, with the concurrence of the Board of of the Internal Improvements Trust Fund of the member of the Tribe. Trustees of the Internal Improvements Trust State of Florida. (c) TAXATION.— Fund of the State of Florida, and the (8) STATE OF FLORIDA.—The term ‘‘State of (1) IN GENERAL.— Miccosukee Tribe have executed an agreement Florida’’ means— for the purpose of resolving the dispute and set- (A) MONIES.—None of the monies paid to the (A) all agencies or departments of the State of Miccosukee Tribe under this Act or the Settle- tling the lawsuit. Florida, including the Florida Department of (4) The agreement referred to in paragraph (3) ment Agreement shall be taxable under Federal Transportation and the Board of Trustees of the requires the consent of Congress in connection or State law. Internal Improvements Trust Fund; and with contemplated land transfers. (B) LANDS.—None of the lands conveyed to (B) the State of Florida as a governmental en- (5) The Settlement Agreement is in the interest the Miccosukee Tribe under this Act or the Set- tity. of the Miccosukee Tribe, as the Tribe will re- tlement Agreement shall be taxable under Fed- SEC. 704. RATIFICATION.—The United States ceive certain monetary payments, new reserva- eral or State law. approves, ratifies, and confirms the Settlement tion lands to be held in trust by the United (2) PAYMENTS AND CONVEYANCES NOT TAXABLE Agreement. States, and other benefits. EVENTS.—No payment or conveyance referred to SEC. 705. AUTHORITY OF SECRETARY.—As (6) Land received by the United States pursu- in paragraph (1) shall be considered to be a tax- Trustee for the Miccosukee Tribe, the Secretary ant to the Settlement Agreement is in consider- able event. ation of Miccosukee Indian Reservation lands shall— (1)(A) aid and assist in the fulfillment of the And the Senate agree to the same. lost by the Miccosukee Tribe by virtue of trans- RALPH REGULA, fer to the Florida Department of Transportation Settlement Agreement at all times and in a rea- sonable manner; and JOSEPH M. MCDADE, under the Settlement Agreement. JIM KOLBE, (7) The lands referred to in paragraph (6) as (B) to accomplish the fulfillment of the Settle- ment Agreement in accordance with subpara- JOE SKEEN, received by the United States will be held in CHARLES H. TAYLOR, trust by the United States for the use and bene- graph (A), cooperate with and assist the Miccosukee Tribe; GEORGE R. NETHERCUTT, fit of the Miccosukee Tribe as Miccosukee In- Jr., dian Reservation lands in compensation for the (2) upon finding that the Settlement Agree- ment is legally sufficient and that the State of DAN MILLER, consideration given by the Tribe in the Settle- ZACH WAMP, ment Agreement. Florida has the necessary authority to fulfill the Agreement— BOB LIVINGSTON, (8) Congress shares with the parties to the Set- SIDNEY R. YATES, tlement Agreement a desire to resolve the dis- (A) sign the Settlement Agreement on behalf of the United States; and JOHN P. MURTHA, pute and settle the lawsuit. NORM DICKS, SEC. 703. DEFINITIONS.—In this title: (B) ensure that an individual other than the DAVID E. SKAGGS, (1) BOARD OF TRUSTEES OF THE INTERNAL IM- Secretary who is a representative of the Bureau JAMES P. MORAN, PROVEMENTS TRUST FUND.—The term ‘‘Board of of Indian Affairs also signs the Settlement DAVID OBEY, Trustees of the Internal Improvements Trust Agreement; Managers on the Part of the House. Fund’’ means the agency of the State of Florida (3) upon finding that all necessary conditions holding legal title to and responsible for trust precedent to the transfer of Miccosukee land to SLADE GORTON, administration of certain lands of the State of the Florida Department of Transportation as TED STEVENS, Florida, consisting of the Governor, Attorney provided in the Settlement Agreement have been THAD COCHRAN, General, Commissioner of Agriculture, Commis- or will be met so that the Agreement has been or PETE V. DOMENICI, sioner of Education, Controller, Secretary of will be fulfilled, but for the execution of that CONRAD BURNS, State, and Treasurer of the State of Florida, land transfer and related land transfers— ROBERT F. BENNETT, who are Trustees of the Board. (A) transfer ownership of the Miccosukee land JUDD GREGG, (2) FLORIDA DEPARTMENT OF TRANSPOR- to the Florida Department of Transportation in BEN NIGHTHORSE TATION.—The term ‘‘Florida Department of accordance with the Settlement Agreement, in- CAMPBELL, Transportation’’ means the executive branch de- cluding in the transfer solely and exclusively ROBERT BYRD, partment and agency of the State of Florida that Miccosukee land identified in the Settle- PATRICK LEAHY that— ment Agreement for transfer to the Florida De- DALE BUMPERS, (A) is responsible for the construction and partment of Transportation; and ERNEST HOLLINGS, maintenance of surface vehicle roads, existing (B) in conjunction with the land transfer re- HARRY REID, pursuant to section 20.23, Florida Statutes; and ferred to in subparagraph (A), transfer no land BYRON DORGAN, October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9017

BARBARA BOXER, that the Department was unresponsive to the Project Amount Managers on the Part of the Senate. question relating to the appropriate method Santa Rosa Mountains, CA 1,000,000 West Eugene Wetlands, OR 300,000 JOINT EXPLANATORY STATEMENT OF of setting Federal royalty rates when the Western Riverside County, THE COMMITTEE OF CONFERENCE only comparable rates are the product of a monopoly. The managers will watch care- CA ...... 1,000,000 The managers on the part of the House and fully how the Department deals with these Washington County Desert the Senate at the conference on the disagree- issues in the future. Tortoise, UT ...... 1,000,000 ing votes of the two Houses on the amend- Emergencies/hardships/ The managers support efforts of the land ments of the Senate to the bill (H.R. 2107), inholdings ...... 750,000 management agencies to consolidate activi- making appropriations for the Department Acquisition management .. 3,000,000 ties and facilities at the field level as a of the Interior and Related Agencies for the means of achieving savings and providing fiscal year ending September 30, 1998, and for Total ...... 11,200,000 improved services to the public. The man- other purposes, submit the following joint FOREST ECOSYSTEMS HEALTH AND RECOVERY agers support the joint BLM-Forest Service statement to the House and the Senate in ex- (REVOLVING FUND, SPECIAL ACCOUNT) trading post pilot program, which allows the planation of the effect of the action agreed Amendment No. 10: Inserts language pro- Secretaries of the Interior and Agriculture upon by the managers and recommended in posed by the Senate expanding BLM’s flexi- to make reciprocal delegations of authori- the accompanying conference report. bility to complete forest ecosystem health ties, duties and responsibilities to promote The conference agreement on H.R. 2107 in- projects. The House had no similar provision. customer service and efficiency, with the un- corporates some of the provisions of both the UNITED STATES FISH AND WILDLIFE SERVICE House and the Senate versions of the bill. derstanding that nothing will change the ap- RESOURCE MANAGEMENT Report language and allocations set forth in plicability of any public law or regulation to Amendment No. 11: Appropriates either House Report 105–163 or Senate Report lands administered by the BLM or the Forest $594,842,000 for resource management instead 105–56 which are not changed by the con- Service. The managers seek additional information of $591,042,000 as proposed by the House and ference are approved by the committee of on BLM’s activities dealing with the acquisi- $585,064,000 as proposed by the Senate. In- conference. The statement of the managers, tion of water rights. By November 30, 1998, creases to the amount proposed by the House while repeating some report language for the Bureau shall provide a report detailing include $800,000 in candidate conservation, of emphasis, does not negate the language ref- its short and long-term plans for acquiring which $400,000 is for the Alabama sturgeon erenced above unless expressly provided non-reserved water rights and any actions and $400,000 is for the Preble’s Meadow herein. dealing with Federal reserved rights. Jumping Mouse; $300,000 in consultation as a TITLE I—DEPARTMENT OF THE The managers encourage the Bureau to co- general increase; $300,000 in recovery for a INTERIOR operate fully with the Umpqua River Basin wolf reintroduction study on the Olympic BUREAU OF LAND MANAGEMENT land exchange project group as authorized in Peninsula; $1,000,000 in habitat conservation MANAGEMENT OF LANDS AND RESOURCES section 1028 of Public Law 104–333. of which $50,000 is for the Middle Rio Grande/ Bosque program, $50,000 is for Platte River Amendment No. 1: Appropriates $583,270,000 Amendment No. 2: Earmarks $27,650,000 for studies, $100,000 is to establish a Cedar City for management of lands and resources in- mining law administration program oper- ecological services office, $750,000 is for stead of $581,591,000 as proposed by the House ations as proposed by the Senate instead of Washington salmon enhancement and $50,000 and $578,851,000 as proposed by the Senate. $27,300,000 as proposed by the House. is for the Vermont partners program; Changes to the amount proposed by the Amendment No. 3: Restates the final ap- $1,000,000 for Salton Sea recovery planning House include increases of $100,000 for the propriation amount for management of lands and for bioremediation efforts in the New Alaska Gold Rush Centennial task force, and resources as $583,270,000. River in cooperation with the U.S. Geologi- $500,000 for the joint Department of Defense WILDLAND FIRE MANAGEMENT cal Survey, contingent on matching funds land cover mapping project in Alaska, Amendment No. 4: Appropriates $280,103,000 from the State of California; $250,000 in mi- $200,000 for threatened and endangered spe- for wildland fire management as proposed by gratory bird management for the North cies for the Virgin River Basin recovery the House instead of $282,728,000 as proposed American waterfowl management plan; plan, $500,000 for recreation resources man- by the Senate. $500,000 in hatchery operations and mainte- agement, $2,100,000 for the National Petro- Within the funds provided for prepared- nance for endangered species recovery, in- leum Reserve—Alaska, $700,000 for the Alas- ness, $700,000 is to fund the startup and first cluding operation of the Mora hatchery in ka resources library and information serv- year of operating costs for a type I hotshot New Mexico; $750,000 in fish and wildlife ices, $2,334,000 for Alaska conveyance and crew in Alaska to be managed by the Alaska management of which $100,000 is for Yukon $1,000,000 for ALMRS. Decreases to the Fire Service as an intertribal, interagency River escapement monitoring and research, amount proposed by the House include hotshot crew; and $1,925,000 is provided for $300,000 is for Atlantic salmon conservation, $1,000,000 for prescribed fire, $2,774,000 for redevelopment of the obsolete interagency $50,000 is for the regional park processing wild horse and burro management, $250,000 fire operations center in Billings, MT. center and $300,000 is for whirling disease re- for wildlife management, $500,000 for a recre- Amendment No. 5: Earmarks $6,950,000 for search; $200,000 in international affairs for ation fees scoring adjustment, $231,000 for renovation or construction of fire facilities the Caddo Lake Institute scholars program; wilderness management, and $1,000,000 for as proposed by the Senate instead of and $1,000,000 for the National Conservation law enforcement. The managers concur with $5,025,000 as proposed by the House. Training Center. Decreases to the House pro- the Senate’s proposed distribution of funds CENTRAL HAZARDOUS MATERIALS FUND posed level include $300,000 in consultation in the Mining Law Administration category. Amendment No. 6: Appropriates $12,000,000 for the Olympic Peninsula wolf recovery pro- Within the increased funds provided for for the central hazardous materials fund as gram (funded under the recovery program); recreation resource management, $200,000 is proposed by the House instead of $14,900,000 $500,000 in habitat conservation, of which provided for the Lewis and Clark Trail, as proposed by the Senate. $250,000 is for assistance to private land- $100,000 is provided for the Iditarod National owners and $250,000 is for the coastal pro- Historic Trail, $100,000 is provided for the De CONSTRUCTION gram in Texas; $1,000,000 in refuge operations Anza, California, Mormon Pioneer, Nez Amendment No. 7: Appropriates $3,254,000 and maintenance; and $500,000 in fish and Perce, Oregon, and Pony Express National for construction as proposed by the House in- wildlife management for habitat restoration. Historic Trails, and the Pacific Crest and stead of $3,154,000 as proposed by the Senate. The managers agree to the following: Continental Divide National Scenic Trails, PAYMENTS IN LIEU OF TAXES 1. Within the consultation program, and $100,000 is provided as a general increase. Amendment No. 8: Appropriates $120,000,000 $560,000 should be used for the Iron County The managers have reduced the Bureau’s for payments in lieu of taxes instead of habitat conservation plan, contingent on oil and gas management program by a net $113,500,000 as proposed by the House and matching non-Federal funding. $450,000, consistent with the Administra- $124,000,000 as proposed by the Senate. 2. The increase for law enforcement should tion’s requested program decrease. This de- be used, in part, to improve the Service’s LAND ACQUISITION crease is made up of a $50,000 increase for ability to prevent illegal bear poaching and Grand Staircase activities and a $500,000 de- Amendment No. 9: Appropriates $11,200,000 the smuggling of bear viscera, but is not lim- crease related to efficiencies in lease proc- for land acquisition instead of $12,000,000 as ited to that activity. essing in Alaska, Arizona, and Idaho. In proposed by the House and $8,600,000 as pro- 3. The Chicago Wetlands Office should be agreeing to the requested budget reduction, posed by the Senate. The managers agree to funded at the same level as in fiscal year the managers direct the Bureau not to delay the following distribution of funds: 1997. the processing of any lease application in Project Amount 4. In allocating resources for refuge oper- these States in 1998. The managers expect Arizona Wilderness, AZ ..... $700,000 ations and maintenance, the Service should the Bureau to request funding sufficient to Blanca Wildlife Habitat, seek to balance competing refuge uses con- meet the Bureau’s responsibilities for oil and CO ...... 550,000 sistent with the National Wildlife Refuge gas management activities on Federal lands Bodie Bowl, CA ...... 1,000,000 Systems Improvement Act of 1997. in each of these States as warranted. Lake Fork of the Gunni- 5. There is no earmark within available After reviewing the Department’s soda ash son, CO ...... 900,000 funds for the Washington State regional fish- royalty study, the managers are concerned Otay Mountains, CA ...... 1,000,000 eries enhancement group initiative. The H9018 CONGRESSIONAL RECORD — HOUSE October 22, 1997 $750,000 in the habitat conservation program ticable, the Service should address these Project Amount for Washington salmon enhancement efforts needs within the increase provided for refuge Horicon NWR, WI (replace addresses that initiative. These funds should operations and maintenance in fiscal year boardwalk) ...... 425,000 be transferred, in the form of a block grant, 1998. The managers expect the Service, in John Hay Estate, NH (re- to the Washington Department of Fish and consultation with State and local entities, habilitation) ...... 1,000,000 Wildlife to support the volunteer efforts of including landowners, to study habitat pro- Keauhou Bird Conservation the Regional Fisheries Enhancement Group tection needs in the entire Atchafalaya Center, HI (complete program. Basin region and to report to the Commit- construction) ...... 1,000,000 6. Within habitat conservation, $23,839,000 tees on the results of those consultations Kodiak NWR, AK (Camp Is- is for project planning. prior to submission of the fiscal year 1999 land renovations) ...... 150,000 7. With respect to the double-crested cor- budget. Merced NWR, CA (water morant depredation order, the managers un- The managers understand that the distribution) ...... 2,548,000 derstand that the comment period on the translocation of a portion of the Adak cari- National Elk Refuge, WY proposed rule has closed and the Service an- bou herd onto privately owned islands in (irrigation system) ...... 400,000 ticipates issuing the final rule in 45–60 days. Alaska may provide long term relief for sub- Orangeburg NFH, SC (reha- The managers make no assumptions about sistence users in the Alaska Peninsula re- bilitate drainage canal) .. 833,000 the content of that rule. gion. Since the filing of the Senate report, it Patuxent NWR, MD (Cash 8. The House takes no position on the issue has come to the managers’ attention that at Lake Dam) ...... 2,515,000 of overgrazing of bighorn sheep on the con- least two such islands have historically sus- Region 2 (hazardous mate- federated Salish and Kootenai reservations. tained indigenous caribou herds and there- rials/solid waste cleanup) 445,000 9. With respect to tribal management take- fore a suitable habitat study is not nec- Santa Ana NWR, TX (road over of the Moise Bison Range, the Service essary. The managers encourage the Service rehabilitation) ...... 1,208,000 should continue to work with the Salish and to enter into discussions with subsistence Shiawassee NWR, MI Kootenai tribes on appropriate functions for users of the Alaska Peninsula region to ex- (bridge rehabilitation) .... 520,000 compacting by the tribes. plore a potential partnership arrangement to Southest LA refuges, LA 10. With respect to hunting season exten- establish new caribou herds on Deere and (health & safety) ...... 500,000 sions and the impact on waterfowl, the Serv- Unga Islands to provide meat sources for Na- Southwest FTC, NM (Mora ice should examine existing data and consult tive people. hatchery) ...... 2,000,000 Amendment No. 12: Restores language pro- with the States and with the International St. Marks NWR, FL (re- posed by the House and stricken by the Sen- place 6 bridges) ...... 469,000 Association of Fish and Wildlife Agencies to ate which earmarks an amount not to exceed determine what changes should be made to St. Vincent NWR, FL (Out- $5,190,000 for implementing subsections (a), let Creek bridge) ...... 186,000 the existing methodology. The Service (b), (c), and (e) of section 4 of the Endangered should report the results of this effort to the Steigerwald NWR, WA Species Act of 1973, as amended, and inserts (trail construction and Committees, including a discussion of the language proposed by the Senate making a pros and cons of alternatives to the current access) ...... 840,000 technical correction to the existing statu- Tennessee NWR, TN (road) 2,500,000 procedures. tory fee authority for the National Conserva- 11. In preparing its report on agriculture Tennessee NWR, TN (2 tion Training Center. The House had no bridges) ...... 139,000 depredations caused by dusky Canada geese, similar provision on the National Conserva- the Service should consider other areas, in Togiak NWR, AK (resi- tion Training Center. dence) ...... 335,000 addition to the Pacific Northwest, where this As requested by the Department of the In- Turnbull NWR, WA (build- is known to be a problem. terior the managers reluctantly have agreed ing) ...... 843,000 12. Of the funds provided for whirling dis- to limit statutorily the funds for the endan- Upper Miss. NW&FR, IL ease research, $700,000 should be used for gered species listing program. The managers (headquarters construc- work with the National Partnership on the continue to believe that a long term solution tion) ...... 510,000 Management of Wild and Native Cold Water to the problems in the ESA program should WB Jones Partnership, NC Fisheries. The Service is encouraged to use be dealt with through the reauthorization (headquarters design and other funds available for fish health to con- process, and regret that another year has construction) ...... 1,900,000 tinue and expand the National Wild Fish passed without substantial progress by the Wichita Mountains WR, OK Health Survey. Administration. 13. With respect to the Pacific Northwest Amendment No. 13: Deletes language pro- (road rehabilitation) ...... 1,840,000 forest plan, unallocated program increases posed by the Senate prohibiting overhead Wichita Mountains WR, OK provided by the conference agreement should charges by the Service on funds transferred (Grama Lake & Coman- be applied to forest plan activities in propor- from the Bureau of Reclamation for the che Dams) ...... 4,800,000 tion to the increases for forest plan activi- Upper Colorado River recovery program. The Woodbridge NWR, VA (re- ties included in the budget request for that House had no similar provision. habilitation) ...... 100,000 program. The managers expect the Service to keep Bridge safety inspection .... 495,000 14. The Salton Sea recovery plan should be any necessary administrative charges to an Dam safety inspection ...... 495,000 developed by the Service in coordination absolute minimum, and to provide a report Construction management 5,910,000 with the State of California, the U.S. Geo- to the Committees that justifies any over- Total ...... 45,006,000 logical Survey, the Bureau of Reclamation head charges on funds transferred to the and the Environmental Protection Agency. Upper Colorado River recovery program. The managers agree to the following: The plan should be submitted to the Com- CONSTRUCTION 1. $850,000 in unobligated balances from mittees and should address the appropriate Amendment No. 14: Appropriates $45,006,000 completed projects should be used for the de- division of responsibilities and funding for construction instead of $40,256,000 as pro- sign, manufacture and installation of edu- among all involved agencies. posed by the House and $42,053,000 as pro- cational displays and furnishings for the En- 15. Future increases in the Service’s budget posed by the Senate. The managers agree to vironmental Education Center at the Silvio for the Salton Sea should be considered in the following distribution of funds: O. Conte NWR, MA. The Service should no- the context of the Service’s National prior- tify the Committees of the proposed offsets ities. The Service should continue to work Project Amount before proceeding with the reprogramming of with the State of California to ensure that Audubon Institute, LA ...... $2,000,000 funds. Baker Island NWR, HI (as- the State remains an active participant in 2. Funding provided herein represents the sessment/site investiga- the conduct and funding of recovery efforts. completion of the Federal commitment for tion) ...... 250,000 16. The managers encourage the U.S. Fish Blackwater NWR, MD (ad- the Audubon Institute, LA and the Walter B. and Wildlife Service to include the Arid ministrative building) .... 335,000 Jones Partnership for the Sounds, NC Lands Ecology Reserve in the Earth Stew- Bozeman FTC, MT (labora- projects. ards Program, and to provide the necessary tory building planning 3. No funds are provided for Bear River resources to support the efforts of the De- and design) ...... 606,000 NWR, UT with the understanding that there partment of Energy and other public and pri- Crab Orchard NWR, IL (re- is currently a large unobligated balance of vate sector organizations in order to acceler- habilitate sewage treat- funds provided in previous fiscal years that ate the formation of the Partnership for Arid ment facilities) ...... 1,659,000 will enable dike work to continue in fiscal Lands Stewardship (PALS). Craig Brook NFH, ME (sta- year 1998. The managers are aware of recently identi- tion rehabilitation/final 4. The Committees will consider a re- fied, near-term needs in the Atchafalaya phase) ...... 3,500,000 programming of funds for planning and de- Basin region of Louisiana, including person- Creston NFH, MT (Jessup sign of the National Black Footed Ferret nel needs for the Southeast Louisiana refuge Mill Pond Dam) ...... 1,500,000 Conservation Center once the Service has de- system and wildlife management shortfalls Great Swamp NWR, NJ termined a site for the Center. in and around the Atchafalaya Basin and at (disposal assessment/site 5. Prior to proceeding with the Togiak the Mandalay NWR, LA. To the extent prac- investigation) ...... 250,000 NWR, AK housing project, the Service should October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9019 certify that there is insufficient rental hous- Project Amount $300,000 for air quality, $500,000 for abandoned ing in the Dillingham area that meets Serv- Waccamaw NWR, SC ...... 2,000,000 mines, $3,000 for desert mining, and $596,000 ice requirements and is suitable for refuge Wallkill River NWR (in- for special need parks. personnel. cluding Papakeeting The amount provided for special need Creek), NJ ...... 1,000,000 NATURAL RESOURCE DAMAGE ASSESSMENT FUND parks includes an increase of $920,000 over Wertheim NWR (including Amendment No. 15: Appropriates $4,228,000 the amount provided by the House for Get- Southaven), NY ...... 2,290,000 tysburg NMP and a decrease of $1,516,000 for the natural resource damage assessment Western Montana project, fund instead of $4,128,000 as proposed by the which is shifted to other activities consist- MT ...... 1,000,000 ent with the Senate distribution. The man- House and $4,328,000 as proposed by the Sen- Acquisition management .. 8,860,000 agers intend that the entire $580,000 provided ate. Emergency/hardships ...... 1,000,000 for desert mining be spent at the Mojave Na- The managers agree that changes to the Exchanges ...... 1,000,000 management structure for the natural re- Inholdings ...... 750,000 tional Preserve to hire mineral examiners to source damage assessment program in fiscal begin to clear the existing backlog. year 1998 should be made consistent with the Total ...... 62,632,000 The conference agreement provides level of funding provided. The Committees $291,080,000 for visitor services. The decrease The managers note that the Service is pre- will consider any more ambitious restructur- below the House amount is $769,000 for spe- paring a draft environmental assessment on ing in the context of Service-wide priorities cial need parks. the feasibility of establishing a National in the fiscal year 1999 budget. wildlife refuge in the Kankakee area of Indi- The conference agreement provides Amendment No. 16: Amends fiscal year 1994 ana and Illinois. That draft should be com- $383,588,000 for maintenance. Increases to the appropriations language to permit transfers pleted and distributed for comment later House amount include $2,028,000 for special of funds to Federal trustees and payments to this fall and final NEPA documentation will need parks and $250,000 for ongoing structure non-Federal trustees to carry out the provi- not be completed until next year. The man- stabilization at Dry Tortugas NP. The man- sions of negotiated legal settlements or agers understand that any land acquisition agers expect this program to be included in other legal actions for restoration activities, for such a refuge will not proceed without the base in future budget submissions. The and to carry out the provisions of the Com- Congressional approval through the appro- managers are concerned that these funds be prehensive Environmental Response, Com- priations process. used directly for ongoing masonry work at pensation, and Liability Act, as amended, as Within 90 days, the Fish and Wildlife Serv- the park, and not be used to hire additional proposed by the Senate. The House had no ice shall report to the Appropriations Com- supervisory personnel. similar provision. mittees if there is a willing seller of the The conference agreement provides LAND ACQUISITION Bolsa Chica Mesa in Huntington Beach, CA, $240,341,000 for park support. Increases to the Amendment No. 17: Appropriates $62,632,000 the cost of an appraisal of the mesa, the esti- House amount include $257,000 for special for land acquisition instead of $53,000,000 as mated cost of acquisition, and opportunities need parks, $300,000 for wild and scenic riv- proposed by the House and $57,292,000 as pro- for public-private partnerships. ers, $422,000 for social science programs and posed by the Senate. The managers agree to The managers understand that the esti- $350,000 for the National trails system. With- the following distribution of funds: mated total cost of the Bair Island acquisi- in the increase provided for National trails, tion at Don Edwards NWR in California is $50,000 is for the Lewis and Clark Trail office, Project Amount $15,000,000. The managers are aware that the $200,000 is provided for technical assistance Archie Carr NWR, FL ...... $2,000,000 Peninsula Open Space Trust has committed to the Lewis and Clark Trail, $50,000 is for Attwater Prairie Chicken to raising $5,000,000 towards this total pur- the California and Pony Express Trails and NWR, TX ...... 1,000,000 chase price and the managers encourage the $50,000 is for the North Country Trail. The Back Bay NWR, VA ...... 2,000,000 State to give a contribution of up to managers continue to support the $600,000 Balcones Canyonlands $2,500,000. earmark for the NPS challenge cost share NWR, TX ...... 700,000 The managers have not provided funds for program for the National trails system. Big Muddy NFWR, MO ...... 1,000,000 acquisition of the Shadmoor property at The conference agreement provides Bon Secour NWR (Izard Amagansett NWR due to the large disparity $97,543,000 for external administrative costs. tract), AL ...... 3,000,000 between the appraised value and the current This amount includes an increase above the Canaan Valley NWR, WV ... 3,000,000 sale price, and the lack of matching funds. House level of $700,000 for IDEAS and a de- Cape May NWR, NJ ...... 3,000,000 The managers remain interested in the crease of $900,000 for FTS 2000. Clarks River NWR, KY ...... 2,000,000 Shadmoor acquisition, however, and will Crocodile Lake NWR, FL ... 400,000 The managers find the recent reports of ex- consider allocating funds appropriated in Cypress Creek NWR, IL ..... 750,000 cessive construction costs incurred by the this or subsequent appropriations bills Don Edwards NWR (Bair National Park Service, and specifically the should these issues be satisfactorily re- Island), CA ...... 2,000,000 Denver Service Center, totally unacceptable. solved. Edwin B. Forsythe NWR The managers continue to be concerned (including the Zell NATIONAL WILDLIFE REFUGE FUND about the condition of employee housing in tract), NJ ...... 2,000,000 Amendment No. 18: Appropriates $10,779,000 the National parks and have provided over Great Swamp NWR, JN ..... 750,000 for the National wildlife refuge funds as pro- $150 million since 1989 to address the prob- Julia B. Hansen NWR, WA 300,000 posed by the Senate instead of $10,000,000 as lem. However, there have been several Gen- Kodiak NWR, AK ...... 600,000 proposed by the House. eral Accounting Office reports in recent Lower Rio Grande Valley NORTH AMERICAN WETLANDS CONSERVATION years and a March 1996 Inspector General re- NWR, TX ...... 900,000 FUND port that raise serious concerns about the high cost of housing that the Service has Mashpee NWR (including Amendment No. 19: Appropriates $11,700,000 built in recent years, particularly at Grand the Bufflehead Bay for the North American wetlands conserva- Canyon and Yosemite National Parks. The tract), MA ...... 332,000 tion fund instead of $10,500,000 as proposed by managers do not believe that constructing Minnesota Valley NWR the House and $13,000,000 as proposed by the houses at three times the cost of comparable (Kelly tract), MN ...... 2,300,000 Senate. The managers expect that $500,000 of privately built homes can be justified under Nisqually NWR (Black the funds provided will be used for the small any circumstances. River unit), WA ...... 1,500,000 grant program initiated in fiscal year 1996, Ohio River Islands NWR, and that the amount used for management The lack of oversight and accountability, PA–WV–OH–KY ...... 500,000 and administration will be consistent with not only in the design and construction of Ottawa NWR, OH ...... 1,000,000 the authorized level. NPS facilities, but also in tempering the mix Patoka River NWR, IN ...... 500,000 of desired features sought at the park level, Petit Manan NWR, ME ...... 1,000,000 NATIONAL PARK SERVICE is of great concern. The managers are par- Rachel Carson NWR, ME ... 1,100,000 OPERATION OF THE NATIONAL PARK SYSTEM ticularly concerned about the decision mak- Rappahannock River Val- Amendment No. 20: Appropriates $1,593,000 ing processes leading to the construction of ley NWR, VA ...... 2,000,000 for the Volunteers-in-Parks program as pro- the housing, the lack of effective constraints Rhode Island complex, RI .. 500,000 posed by the Senate instead of $2,500,000 as on the scope and costs of housing as well as San Diego NWR, CA ...... 3,000,000 proposed by the House. other projects, and the role of the Denver Silvio O. Conte NWR (in- Amendment No. 21: Appropriates Service Center (DSC) in design and over- cluding Pondicherry), $1,233,664,000 instead of $1,232,325,000 as pro- sight. There currently are no incentives at CT–MA–NH–VT ...... 1,000,000 posed by the House and $1,250,429,000 as pro- the Denver Service Center or at the individ- Southeast Louisiana ref- posed by the Senate. The conference agree- ual park level to reduce these cost and save uges, LA ...... 2,500,000 ment provides $221,112,000 for resource stew- money. The managers are concerned that the Stewart B. McKinney NWR ardship, which includes an increase to the current structure of the construction pro- (Great Meadows Salt amount proposed by the House of $100,000 for gram lacks sufficient justification and expla- Marsh), CT ...... 1,100,000 the Northwest ecosystem office and de- nation of the basis for overhead costs for Stillwater NWR, NV ...... 1,000,000 creases to the House proposed level of DSC charged to NPS construction projects. H9020 CONGRESSIONAL RECORD — HOUSE October 22, 1997 The Park Service should give serious consid- and compensation of officer of the Presidio and 1998 are provided to the local commu- eration to base funding for the center as op- Trust. nities in an expeditious manner. A report on posed to funding center operations from indi- The Presidio Trust is authorized to exer- the status of these funds is to be provided to vidual construction projects. The managers cise loan guarantee authority in accordance the House and Senate Appropriations Com- are also concerned that current methods with the provisions set forth in Public Law mittees no later than April 15, 1998. used to monitor construction projects report 104–333. Pursuant to Public Law 104–333, The conference agreement provides only on cost-overruns, and that any cost-effi- funds appropriated to the National Park $18,899,000 for cultural programs, the same ciencies or savings are rarely reported to the Service for operations at the presidio in San level as the House. This amount includes an Committees on Appropriations. Francisco are to be transferred to the Pre- increase of $200,000 above the House level for The managers have previously raised con- sidio Trust. The managers do not object to the Native American graves protection pro- cerns about the Park Service’s management the use of a portion of the funds transferred gram and a reduction of $200,000 below the of its employee housing program. The man- to provide the necessary loan subsidy for the House level for National Register programs. agers appreciate the need for Federally pro- authorized loan guarantee program. The conference agreement provides vided employee housing where it is critical The managers are concerned that the envi- $6,797,000 for Statutory or Contractual Aid. to the mission of the specific park. However, ronmental cleanup proposed by the Depart- Changes to the House level include increases in 1993, it became apparent that housing was ment of the Army for the Presidio will not of $100,000 for the Aleutian World War II Na- being provided in parks where it was not meet the ecological, health and safety cri- tional Historic Area, $325,000 for the Dela- mission critical. Yet four years later, there teria appropriate for a National park. As the ware and Lehigh Navigation Canal, $65,000 appears to have been little change. In fact, only base closure to revert to National park for the Lower Mississippi Delta, $285,000 for the housing inventory has increased. While use, the managers emphasize the importance the Vancouver National Historic Reserve, the managers realize that the Park Service of meeting the cleanup levels set by the Na- and $300,000 for the Wheeling National Herit- is presently implementing the 1996 Omnibus tional Park Service. age Area; and a decrease of $750,000 for the Parks Act which requires a park by park as- In addition to this concern, the managers Alaska Native Cultural Center. sessment, the managers understand that it also express their strong interest in ensuring With respect to heritage partnership pro- will take five years to complete, nine years the timely rededication of the Presidio be- grams, the managers concur with the ap- from the time the programs were first identi- cause of the requirements placed on the Pre- proach specified by the House, with the un- fied. This time frame is not acceptable. sidio Trust to achieve self sufficiency by a derstanding that the areas encompassed in The Secretary is directed to appoint a re- time certain. Without a thorough and timely the bill language that do not receive the view committee, a majority of whose mem- cleanup of the Presidio, the Trust will expe- maximum amount shall each receive no less bers shall come from outside the National rience difficulty in securing the leases nec- than $200,000. Park Service, to review the construction essary to generate revenues to ensure its HISTORIC PRESERVATION FUND practices of the service, with primary em- success. Amendment No. 23: Appropriates $40,812,000 phasis on the role of the Denver Service Cen- Substantial philanthropic pledges have ter. The report of the review committee, to- for the historic preservation fund rather been made toward restoration of the Crissy gether with recommendations of the Sec- than $40,412,000 as proposed by the House and Field area of the Presidio. Any delay in the retary, shall be submitted to the Committees $39,812,000 as proposed by the Senate. The in- remediation of this site could jeopardize pri- no later than April 15, 1998. crease above the House provides $400,000 for In addition, the managers direct the Na- vate funds for the project. grants to Indian tribes. Funds for the HBCU tional Park Servide to take the following ac- The managers are concerned that the initiative are to be allocated as described in tions: Army’s current plans for environmental re- House Report 105–163. 1. Working with independent consultants mediation at the Presidio will present a seri- Amendment No. 24: Modifies language pro- familiar with design and construction busi- ous impediment for high public use of the posed by the Senate providing that $4,200,000 ness operations, the National Park Service is Presidio and protection of its ecological val- for restoration of historic buildings at his- to develop design and construction guide- ues, and for the Presidio Trust to achieve torically black colleges and universities will lines for all buildings and structures in the self sufficiency. remain available until expended. The House Service including employee dwellings, visi- The managers are concerned about the un- had no similar provision. tor use structures, and administrative and safe conditions at the intersection of Vir- The managers are aware of efforts by the maintenance support facilities. The guide- ginia State Routes 29 and 234 in the Manas- Villages of Westhampton Beach and lines should consider comparable facilities in sas National Battlefield Park, Prince Wil- Patchogue to rejuvenate their main street use by the private sector, other Federal land liam County, Virginia, and encourage the business community by refurbishing two his- management agencies, and State and local National Park Service, consistent with ap- toric theaters and turning them into per- governments. The consultants should iden- plicable laws pertaining to the management forming arts centers. Toward this end, and tify methods and procedures for the Denver of the park, to cooperate with the Virginia to the extent allowed by law, the relevant Service Center to reduce design costs, and Department of Transportation and Federal Federal agencies should consider, through should consider different ways of procuring Highway Administration officials as safety the normal application and review process, contract services and supervising construc- improvements to the intersection are consid- any requests for assistance from the Villages tion, including increased responsibility for ered. as they proceed with their theater improve- supervision and oversight by the park unit NATIONAL RECREATION AND PRESERVATION ments. and not Denver employees. Internal control Amendment No. 22: Appropriates $44,259,000 CONSTRUCTION procedures must be put in place to ensure for National recreation and preservation in- Amendment No. 25: Includes language that the design guidelines are met once they stead of $43,934,000 as proposed by the House provding that modifications for Everglades are adopted by the Service. The guidelines and $45,284,000 as proposed by the Senate and National Park are authorized under the con- and procedures are to be in place and a full expands the authority for grants to heritage struction account as proposed by the Senate. report made to the House and Senate Com- areas to include sec. 606 of title VI, division The House had no similar provision. mittees on Appropriations by April 1, 1998. I of Public Law 104–333. Amendment No. 26: Appropriates 2. All future line-item construction re- The conference agreement provides $214,901,000 for construction instead of quests for new and signficiantly rehabili- $8,984,000 for natural programs. This is the $148,391,000 as proposed by the House and tated structures shall conform to these same level as proposed by the House. The $173,444,000 as proposed by the Senate. The guidelines. Should the Park Service want to managers have included $250,000 to continue managers agree to the following distribution vary from these guidelines, the individual the Lake Champlain program and $150,000 for of funds: projects shall be submitted to the House and ongoing support to the Connecticut River Project Amount Senate Appropriations Committee for ap- Conservation partnership. Acadia NP (carriage roads) $1,200,000 proval. Acadia NP (upgrade utili- 3. The Park Service also should propose a The managers included an additional $200,000 in the river and trails technical as- ties) ...... 2,000,000 two-year action plan for reducing its housing Accokeek Foundation (fa- inventory. This plan should be provided to sistance program’s budget for fiscal year 1997 specifically for the Chesapeake Bay program cilities) ...... 200,000 the Committees by April 1, 1998, and should Alaska Native Heritage office in Maryland. These funds were to be include specific inventory reductions based Center ...... 2,200,000 on an amount agreed to by the agency and used to help local communities and local Amistad NRA (sewer treat- the Committees. In addition, the managers heritage park partnerships implement their ment) ...... 750,000 want to know how the agency intends to heritage watershed protection plans. Al- Blackstone River Valley hold its managers accountable for achieving though the managers expect $200,000 to be NHC (exhibits/signs) ...... 500,000 these inventory reduction commitments. used for this purpose in each of fiscal years Blue Ridge Parkway (ad- 4. The managers expect that no request for 1997 and 1998, there has been concern over the ministration bldg) ...... 1,500,000 funds for construction additional employee extremely slow obligation of these funds to Blue Ridge Parkway (dam housing will be considered until these direc- the local communities in fiscal year 1997. repair) ...... 1,100,000 tives are fully implemented. The managers expect the Park Service to Blue Ridge Parkway (EIS) 300,000 The managers have included a general pro- consider the project a high priority and en- Blue Ridge Parkway (Fish- vision in Title III regarding the appointment sure that the funds for both fiscal years 1997 er Peak) ...... 5,235,000 October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9021 Project Amount Project Amount agers understand that the total construction Boston NHP (elevator) ...... 1,600,000 New Bedford Whaling NHP cost for this administrative/information cen- Cape Hatteras NS (light- (roof repair) ...... 153,000 ter is $4,500,000. The managers expect future house) ...... 2,000,000 New River Gorge NR (ac- budget submissions to reflect a 50/50 cost Carisbad Caverns NP cess, trails) ...... 2,525,000 share between the Park Service and the For- (water collection) ...... 3,752,000 Oklahoma City National est Service. Cuyahoga Valley NRA (re- Memorial (construction) 5,000,000 Of the $2,223,000 in construction funds made pair & rehabilitation) ..... 4,500,000 Penn Center (rehabilita- available for the Vancouver National His- Darwin Martin House (res- tion) ...... 500,000 toric Reserve, $150,000 is for developing a toration) ...... 500,000 President’s Park (HVAC) ... 11,500,000 management plan for the Reserve, pursuant Dayton Aviation NHP Rock Creek Park tennis fa- to Public Law 104–333, Section 502; $200,000 is (Hoover Print Block res- cilities (access improve- for reconstruction at historic Fort Van- toration) ...... 3,500,000 ments) ...... 200,000 couver; $500,000 is for the removal of airplane Delaware Water Gap NRA Rutherford B. Hayes Home hangars and cultural landscape restoration (dam repair) ...... 900,000 (rehabilitation) ...... 500,000 on National Park Service lands; and Delaware Water Gap NRA Sequoia NP (facilities) ...... 3,000,000 $1,373,000 is for historic structure surveys, (education facilities) ...... 2,000,000 Shiloh NMP (interpreta- restoration planning, restoration construc- Delaware Water Gap NRA tive center) ...... 1,000,000 tion, and historic exhibits in the Reserve. (trail development) ...... 1,500,000 Shiloh NMP (bank sta- Use of funds for and expenses associated with Denali NP&P (Riley Creek bilization) ...... 2,000,000 the Jack Murdock Aviation Center should be utilities rehabilitation) .. 4,150,000 Sotterly Plantation (res- consistent with the Cooperative Agreement El Malpais NM (multi- toration) ...... 600,000 between the City of Vancouver and the Na- agency center) ...... 1,500,000 Southwest Pennsylvania tional Park Service (agreement number 1443– Everglades NP (water de- Heritage Comm. (reha- CA9000–96–01, executed December 4, 1995). livery) ...... 11,900,000 bilitation) ...... 2,000,000 The managers have provided $50,000 for a Everglades NP (water line) 3,000,000 Stones River NB (rehabili- special resource study for the Charleston FDR Home NHS (water tation & trail) ...... 650,000 school district in Arkansas. supply) ...... 1,540,000 Timpanogos Cave NM The managers direct the National Park FDR Home NHS (Vander- (joint facility) ...... 510,000 Service to provide the necessary funding bilt utilities) ...... 1,300,000 Trail of Tears NHT, NC from its Federal Highway Lands Program Fort McHenry NM and His- (museum exhibits) ...... 600,000 funds to ensure completion of the U.S. High- toric Shrine (wall reha- Trail of Tears NHT, OK way 27 Bypass around the Chickamauga- bilitation) ...... 1,200,000 (museum exhibits) ...... 600,000 Chattanooga National Military Park no later Fort Necessity NB Upper Delaware SRR (aq- than December 31, 1999. (Jumonville and Brad- ueduct) ...... 420,000 The managers have provided $300,000 for dock access, parking) ..... 955,000 Vancouver NHR (planning the Lewis and Clark Trail Visitor Center. Fort Necessity NB (Wash- restoration) ...... 2,223,000 These funds, subject to matching from non- ington Tavern access, Vicksburg NMP (rehabili- Federal sources, complete the Federal com- parking) ...... 1,290,000 tation) ...... 1,695,000 mitment. Fort Smith NHS (rehabili- Vietnam Veterans Mu- Amendment No. 27: Restores language pro- tation) ...... 3,400,000 seum, Chicago ...... 1,000,000 posed by the House and stricken by the Sen- Fort Sumter NM (site de- Wind Cave NP (elevators) .. 1,400,000 ate which provides that $500,000 for the Ruth- velopment) ...... 2,860,000 Wrangell-St. Elias NP&P erford B. Hayes Home, and $600,000 for the Gateway NRA (road pro- (headquarters and inter- Sotterley Plantation shall be derived from tection) ...... 4,800,000 pretive center) ...... 400,000 the Historic Preservation Fund; inserts lan- Gauley NRA (facilities Zion NP (transportation) .. 3,210,000 guage proposed by the Senate which provides planning) ...... 750,000 similar authority for $500,000 for the Darwin General Grant NM (res- Project total ...... 156,761,000 Martin House and $500,000 for Penn Center; Emergency unscheduled toration of grounds and provides that funds for the Hispanic Cultural housing ...... 15,000,000 facilities) ...... 900,000 Center are subject to authorization; pro- Planning ...... 17,500,000 George Washington Memo- hibits the use of funds to relocate the Brooks General management plan 7,775,000 rial Parkway (trail re- River Lodge in Katmai NP&P from its cur- Equipment replacement .... 17,865,000 pair) ...... 300,000 rent location; and inserts language providing Glacier Bay NP&P Total ...... 214,901,000 $1,000,000 to be used for the Vietnam Veter- (wastewater treatment) .. 1,731,000 ans Museum in Chicago, Illinois. Grand Canyon NP (trans- The managers have included $,2,200,000 to The managers are providing $300,000 to the portation) ...... 2,900,000 assist in the construction of the Alaska Na- National Park Service and $100,000 to the Hispanic Cultural Center tive Heritage Center. This completes the Forest Service to begin the planning and de- (arts center) ...... 3,000,000 Park Service commitment to construction of sign of a multi-agency facility in Seward, Hot Springs NP (stabiliza- this project. Alaska. The facility will include a conven- tion, lead abatement) ..... 500,000 The managers have provided $1,500,000 for tion center for the City of Seward, and office Independence NHP (utili- the El Malpais Multiagency administrative and visitor facility space for the two Federal ties, rehabilitation) ...... 4,300,000 and information center in New Mexico. agencies. The location of the convention cen- Isle Royale NP (vessel) ...... 2,300,000 These funds are to be equally matched with ter and agency operations in a common Jean Lafitte NHP&P non-Federal funds. This completes the Park building will generate efficiencies and cost (shoreline stabilization) 2,000,000 Service construction commitment to this savings by providing a single facility that Katmai NP&P (rehabilita- project. Funding for exhibits, furnishings combines administrative and interpretative tion) ...... 200,000 and operations should be provided equally by programs and that streamlines facility oper- Kenai Fjords NP (Seward all partners. ations and maintenance. These funds are interagency facility) ...... 300,000 The managers have provided $5,000,000, the being provided with the understanding that Lake Mead NRA (water total Federal commitment, for the proposed the facility will be financed, constructed, system) ...... 4,700,000 Oklahoma City National Memorial. The owned and operated by the City of Seward. Lewis & Clark Trail (trail managers understand that a private trust The managers intend that the Federal in- construction) ...... 300,000 will be responsible for the operations of this volvement in this project be limited to fund- Manzanar NHS (fence re- facility. ing the planning and design, and that the pair) ...... 310,000 The managers have agreed to provide Federal office and visitor facility space be Marsh-Billings NHP (reha- $1,000,000 to initiate planning and design for procured via long-term leases with the City bilitation carrage house) 2,400,000 the Corinth, MS, interpretive center at Shi- of Seward. Minute Man NPH (road/ loh National Military Park. The managers An amount of $400,000 is provided for site trail) ...... 2,000,000 encourage the Park Service to keep the total preparation for a visitor center in Wrangell- Mount Rainer NP (em- cost of this project as low as possible and to St. Elias National Park and Preserve. The ployee dorms) ...... 2,452,000 work with the local community and other in- managers are pleased the initial cost esti- Natchez Trace Parkway terested parties to generate a significant mate of up to $19,000,000 has been scaled (road construction) ...... 5,100,000 non-Federal cost share. down to $4,500,000 and the size of the facility National Capital Parks The managers have included $510,000 for reduced by two-thirds to reduce costs. (Washington Monument) 1,000,000 planning and design of a joint Park Service The managers note that the City of Galax, National Capital Parks and Forest Service facility at Timpanogos VA has donated approximately 1,100 acres of (Jefferson Monument) .... 4,500,000 Cave National Monument, Utah. The man- prime land to the National Park Service to H9022 CONGRESSIONAL RECORD — HOUSE October 22, 1997 be the location for the Fisher Peak Center as proposed by the House. These funds are as- of the 20 position vacancies that now exist at on the Blue Ridge Parkway. The managers sociated with close-out of prior year awards. established units. The managers have not further acknowledge the commitment of a Amendment No. 31: Deletes House lan- provided any funding to establish new coop- non-governmental, non-profit organization guage providing an earmark for the Sterling erative research units. to take responsibility for the operation of all Forest. Amendment No. 33: Earmarks $2,000,000 for cultural aspects of the center’s activities, in- The amendment also includes language as an Alaska mineral and geologic data base as cluding acquisition and maintenance of ex- proposed by the Senate providing the Sec- proposed by the Senate. The House had no hibits and payment of fees and expenses for retary of the Interior authority to provide such earmark. performing artists. Following construction Federal land acquisition funds to the State Amendment No. 34: Earmarks $145,159,000 of the center, the Park Service’s responsibil- of Florida for the protection of the Ever- for the biological research activity and the ity for the center will be limited to mainte- glades and allows for acquisitions within operation of the cooperative research units nance of the infrastructure, in accordance Stormwater Treatment Area 1–E, including instead of $147,794,000 as proposed by the with the draft negotiations previously under- reimbursement. Funds are made available House and $147,159,000 as proposed by the taken by the NPS and the non-profit organi- for STA 1–E because STA 1–E will be de- Senate. zation. The managers believe the donation of signed and operated to improve the quality Amendment No. 35: Deletes language pro- land and the financial contribution rep- of water flowing into the Loxahatchee NWR. posed by the Senate allowing the United resented by the operation of the cultural ac- While the managers have agreed to the States Geological Survey to make payments tivities at Fisher Peak over the life of the fa- Senate bill language giving the Secretary of to local entities for real properties trans- cility should constitute a non-Federal share the Interior authority to provide Federal as- ferred from the Fish and Wildlife Service to for the center of considerably more than 50 sistance to the State of Florida for land ac- the Survey. The House had no similar provi- percent of the construction cost. quisition in the Everglades, the managers sion. Language is included under General The managers direct the National Park agree that completing the Federal acquisi- Provisions, Department of the Interior, to Service to conduct a study, within available tions remains the priority for the use of Fed- allow the U.S. Fish and Wildlife Service to funds, on the feasibility of establishing the eral acquisition dollars. The managers also continue these payments. Androscoggin River Valley as a National believe progress should continue on the east MINERALS MANAGEMENT SERVICE heritage area. buffer. The managers have provided $3,000,000 for The managers intend that any funds re- ROYALTY AND OFFSHORE MINERALS the Hispanic Cultural Center in Albuquer- maining available for land acquisition for, or MANAGEMENT que, New Mexico, subject to authorization. development of, the East St. Louis portion of Amendment No. 36: Appropriates The managers note that this facility will not the Jefferson National Expansion Memorial $137,521,000 for royalty and offshore minerals be located in or near a unit of the National may not be expended until private entities management instead of $139,621,000 as pro- Park System and therefore encourage that located within the East St. Louis portion of posed by the House and $135,722,000 as pro- future funding be provided from other Fed- the Memorial have been removed or relo- posed by the Senate. Changes to the amount eral or non-Federal sources. cated (using non-Federal funds) for park de- proposed by the House include an increase of Amendment No. 28: Deletes Senate lan- velopment purposes. Further appropriations $1,200,000 in resource evaluation for the ma- guage directing the reprogramming of funds for this purpose are not likely until these rine minerals resource center program and from the Jefferson National Expansion Me- local issues are resolved. decreases of $1,000,000 in the OCS lands regu- morial to the U–505 National Historic Land- The managers have provided $1,550,000 to latory program for a clearinghouse for off- mark. The House had no similar provision. purchase the Giacomini Ranch property shore petroleum production information and LAND ACQUISITION within the Golden Gate National Recreation $2,300,000 in the royalty management pro- Amendment No. 29: Appropriates Area. These funds, along with the $3,200,000 gram, of which $1,000,000 is for valuations $143,290,000 for land acquisition instead of in State funds, complete this purchase. and operations and $1,300,000 is for compli- $129,000,000 as proposed by the House and The managers have provided funds to com- ance. $126,690,000 as proposed by the Senate. The plete the purchase of the Gisler property in The managers expect the MMS to report on managers agree to the following distribution the Hagerman Fossil Beds National Monu- how funds for the marine minerals resource of funds: ment. The purchase of this desirable prop- center program will be used to support the erty from a willing seller should be con- MMS mission, and thereafter to keep the Project Amount ducted with all due speed based on an offer Committees advised of how these funds are Appalachian Trail ...... $4,200,000 to sell dated May 21, 1997. being used. Arkansas Post NM, AR ...... 440,000 The managers direct that the funds pro- Aztec Ruins, NM, NM ...... 600,000 The managers are aware that the MMS has vided for Stones River National Battlefield received numerous expressions of concern Big Cypress NPr, FL ...... 10,000,000 may only be spent on acquisitions within the Chattahoochee River NRA, about the proposed new regulations on oil authorized park boundaries as of January 1, valuation including concerns about the pro- GA ...... 3,000,000 1996. Cuyahoga Valley NRA, OH 4,000,000 posed changes in the long standing practice Denali NP&P, AK ...... 2,000,000 UNITED STATES GEOLOGICAL SURVEY of valuation of hydrocarbon production at Everglades NP, FL ...... 66,000,000 SURVEYS, INVESTIGATIONS, AND RESEARCH the lease where it is brought to the surface; Fredericksburg/Spotsyl- Amendment No. 32: Appropriates the impact of transportation, administrative vania NMP, VA ...... 3,500,000 $759,160,000 for surveys, investigations and costs and other risks if valuation of hydro- Gauley NRA, WV ...... 950,000 research instead of $755,795,000 as proposed by carbon production is conducted away from Golden Gate NRA, CA ...... 1,550,000 the House and $758,160,000 as proposed by the the lease site; and the application of any new Hagerman Fossil Beds NM, Senate. Changes to the amount proposed by regulations retroactively. The managers ex- ID ...... 800,000 the House include increases of $3,000,000 for pect the MMS to continue to consult with in- Haleakala NP, HI ...... 1,000,000 the global seismographic network, $1,000,000 dustry and the States and to report back to Indiana Dunes NL, IN ...... 3,000,000 for volcano hazard studies for Hawaii and the Committees prior to finalizing this regu- Minute Man NHP, MA ...... 500,000 lation. The managers also intend to explore New River Gorge NR, WV .. 2,000,000 Alaska, $2,000,000 for the Alaska minerals at the possibility of an independent evaluation Olympic NP, WA ...... 3,000,000 risk project and $500,000 for Great Lakes re- Palo Alto Battlefield NHS, search; and decreases of $500,000 for biologi- by the General Accounting Office on this TX ...... 900,000 cal information management, $135,000 for issue and on the issue of royalty in kind. Petroglyph NM, NM ...... 2,000,000 Caddo Lake (funded under the U.S. Fish and The managers understand that the MMS Saguaro NP, AZ ...... 3,000,000 Wildlife Service), and $2,500,000 for the pilot needs to acquire geological and geophysical San Antonio Missions competitive grant research program. information to obtain the information need- NHP, TX ...... 1,500,000 The hypoxia zone in the Louisiana shelf of ed to ensure that fair prices are received on Santa Monica Mountains the Gulf of Mexico has grown to an area of outer continental shelf tracts offered for NRA, CA ...... 1,000,000 about 7,000 square miles and because of its leasing. This is a responsibility to MMS has Sterling Forest, NY ...... 8,500,000 size and scope is having a significant nega- to the taxpayers of this country. However, Stones River NB, TN ...... 1,000,000 tive impact on the fishing industry in the the MMS also has the responsibility of en- Voyageurs NP, MN ...... 650,000 Gulf. The managers support the U.S. Geo- suring that company confidential informa- Wrangell-St. Elias NP&P, logical Survey’s research into the causes and tion is protected from disclosure. In finaliz- AK ...... 4,200,000 effects of the problem. The managers urge ing the proposed rule on geological and geo- Aacquisition management 8,500,000 the Survey to consider this a high priority in physical information, the MMS should en- Emergency/hardships ...... 3,000,000 its fiscal year 1999 budget. sure that both of these responsibilities are Inholdings/exchanges ...... 1,500,000 The managers expect the current policy met and should continue to work with the State grant assistance ...... 1,000,000 with respect to awarding competitive grants industry toward that end. to the Water Resources Research Institutes Amendment No. 37: Earmarks $68,574,000 Total ...... 143,290,000 to be continued. for royalty management instead of $70,874,000 Amendment No. 30: Earmarks $1,000,000 for Increased funding for the cooperative re- as proposed by the House and $66,175,000 as administering the State assistance program search units is provided in order to fill some proposed by the Senate. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9023 Amendment No. 38: Deletes language pro- the Bureau’s education space guidelines; the expenses of the National Indian Gaming posed by the House and stricken by the Sen- Bureau would have the two-year lead time it Commission as proposed by the House in- ate which would have limited the use of re- requires to plan adequately for operation and stead of $1,000,000 to remain available until ceipts to activities within the outer con- maintenance costs; and tribes would have expended as proposed by the Senate. tinental shelf lands program. adequate funding to complete the project. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN Amendment No. 39: Earmarks $3,000,000 to CONSTRUCTION INDIANS remain available for two fiscal years for Amendment No. 45: Appropriates FEDERAL TRUST PROGRAMS computer acquisitions as proposed by the $125,051,000 for construction as proposed by Amendment No. 55: Appropriates $33,907,000 Senate instead of $1,500,000 as proposed by the Senate instead of $110,751,000 as proposed for Federal trust programs in the Office of the House. by the House. Changes to the amount pro- Special Trustee for American Indians in- OFFICE OF SURFACE MINING RECLAMATION AND posed by the House include increases of stead of $32,126,000 as proposed by the House ENFORCEMENT $1,800,000 for the Pyramid Lake school, and $35,689,000 as proposed by the Senate. REGULATION AND TECHNOLOGY $1,600,000 for the Sac and Fox school, There is a general increase of $1,781,000 above Amendment No. 40: Appropriates $95,437,000 $1,800,000 for the WaHeLut school, and the House level. for regulation and technology as proposed by $9,100,000 for the Ute Mountain Ute detention Within the funds provided for the office of the House instead of $97,437,000 as proposed center. the special trustee $2,197,000 is provided for by the Senate. The agreement does not fund The managers are aware of assistance that settlement and litigation support. The man- the acid mine drainage technology initiative has been provided in prior years to the agers understand that the demands placed on proposed by the Senate. Marty Indian school in South Dakota. To the the office of the special trustee to support extent that there are additional high-prior- activities related to settlement efforts and ABANDONED MINE RECLAMATION FUND ity requirements identified for the facilities ongoing tribal and IIM litigation are signifi- Amendment No. 41: Appropriates which service the elementary grades at this cant. These activities are critical to ensur- $177,624,000 for the abandoned mine reclama- location, the Bureau should give consider- ing that the Federal government appro- tion fund as proposed by the Senate instead ation to these needs through the emergency priately addresses its past management of of $179,624,000 as proposed by the House. or minor repair programs within the edu- Indian trust accounts. The managers expect BUREAU OF INDIAN AFFAIRS cational facility improvement and repair to be kept apprised of settlement and litiga- OPERATION OF INDIAN PROGRAMS program. tion activities through semiannual reports Amendment No. 42: Appropriates INDIAN LAND AND WATER CLAIM SETTLEMENTS to the Committees. $1,528,588,000 for the operation of Indian pro- AND MISCELLANEOUS PAYMENTS TO INDIANS Amendment No. 56: Strikes the redundant grams instead of $1,526,815,000 as proposed by Amendment No. 46: Appropriates $43,352,000 phrase ‘‘for trust fund management’’ in the the House and $1,529,024,000 as proposed by for Indian land and water claim settlements description of programs to be funded under the Senate. Changes to the amount proposed and miscellaneous payments to Indians as the Office of Special Trustee for American by the House include increases of $1,500,000 proposed by the Senate instead of $41,352,000 Indians as proposed by the Senate. for the tribally controlled community col- as proposed by the House. Changes to the GENERAL PROVISIONS, DEPARTMENT OF leges, $1,000,000 under non-recurring pro- amount proposed by the House include in- THE INTERIOR grams for tribes in South Dakota that intend creases of $1,500,000 for the Pyramid Lake Amendment No. 57: Deletes language pro- to run their own welfare programs, and settlement and $500,000 for church restora- posed by the House and stricken by the Sen- $500,000 for the United Tribes Technical Col- tion on the Aleutian and Pribilof Islands. ate restricting the use of funds for finalizing lege; and decreases of $427,000 for the Gila Amendment No. 47: Earmarks $42,000,000 a rule regulation pertaining to the recogni- River Farms project and $800,000 for trust for implementation of settlements as pro- tion, management, or validity of a right-of- records management. posed by the Senate instead of $40,500,000 as way pursuant to Revised Statute 2477 and in- The managers have agreed upon a new dis- proposed by the House. serts language providing that Park Service tribution for tribal priority allocation fund- Amendment No. 48: Earmarks $1,352,000 for units participating in the recreation fee ing for fiscal year 1998. This distribution is various settlements as proposed by the Sen- demonstration program cover the cost of col- as follows: (1) requested fixed cost increases, ate instead of $852,000 as proposed by the lecting fees within the funds retained at each internal transfers, and proposed increases to House. unit. The managers note that 80% of all fees formula driven programs not included in the Amendment No. 49: Inserts references to collected under the demonstration project tribes’ TPA base; (2) all tribes are provided a Public Laws 101–383 and 103–402 as proposed are retained by the collecting unit. minimum funding level of $160,000; and (3) by the Senate consistent with the funding Section 107 of the House bill prohibited any any remaining funds will be distributed earmark in Amendment No. 48. agency of the Federal government from im- based on recommendations of a task force to DEPARTMENTAL OFFICES plementing any final rules or regulations re- be established by the Secretary of the Inte- INSULAR AFFAIRS garding the recognition, management, or va- rior. Other than this agreed upon distribu- ASSISTANCE TO TERRITORIES lidity of rights of way established pursuant to section 2477 of the Revised Statutes (43 tion there are no other earmarks for TPA. A Amendment No. 50: Appropriates $67,514,000 U.S.C. 932). The language of section 107 is more detailed explanation is provided under for assistance to territories instead of identical to section 108 of the Department of General Provisions, Department of the Inte- $68,214,000 as proposed by the House and the Interior and Related Agencies Appropria- rior, Amendment No. 65. $67,214,000 as proposed by the Senate. The de- tions Act, 1997 (Public Law 104–208, 110 Stat. Within other recurring programs $600,000 is crease to the amount proposed by the House 3009–200). The Senate bill or fiscal year 1998 provided for the Bering Sea Fishermen’s As- is $700,000 for technical assistance within the did not contain any provision similar to sec- sociation. territorial assistance activity. Amendment No. 43: Earmarks $55,949,000 to Amendment No. 51: Earmarks $63,665,000 tion 107 because the Senate maintained that remain available until expended for housing for technical assistance instead of $64,365,000 section 108 of the fiscal year 1997 Interior ap- improvement, road maintenance, attorney as proposed by the House and $63,365,000 as propriations law was intended as, and is, per- fees, litigation support, self-governance proposed by the Senate. manent law. The Comptroller General re- grants, the Indian self-determination fund, cently reviewed section 108 of the fiscal year COMPACT OF FREE ASSOCIATION land records improvements and the Navajo- 1997 Interior appropriations law and deter- Hopi settlement program instead of Amendment No. 52: Appropriates $20,545,000 mined that it is permanent law (Opinion B– $59,775,000 as proposed by the House and for the compact of free association as pro- 277719, August 20, 1997). The Comptroller $59,479,000 as proposed by the Senate. posed by the Senate instead of $20,445,000 as General’s opinion is printed on page E1681 of Amendment No. 44: Inserts language pro- proposed by the House. The conference the Congressional Record of September 8, posed by the Senate allowing tribes to use agreement includes $100,000 above the level 1997. tribal priority allocation funds for replace- proposed by the House for Enewetak support. The managers agree with the Comptroller ment and repair of school facilities, provided DEPARTMENTAL MANAGEMENT General that existing law prohibits any final that such replacement and repair is approved The managers agree not to require the rules or regulations regarding the recogni- by the Secretary of the Interior and is com- Alaska North Slope land exchange assess- tion, management, or validity of rights of pleted with non-Federal and/or TPA funds. ment mandated in the Senate report. way established pursuant to section 2477 of The House had no similar provision. OFFICE OF INSPECTOR GENERAL the Revised Statutes from taking effect until The managers have included bill language SALARIES AND EXPENSES such time as any such rules or regulations to allow tribes to use TPA funds for replace- are expressly authorized by an Act of Con- Amendment No. 53: Appropriates $24,500,000 ment and repair of school facilities. This lan- gress. Further, the managers note that not- for the Office of the Inspector General as guage requires that tribes comply with appli- ing in the deletion of section 107 or in any proposed by the Senate instead of $24,439,000 cable building codes, obtain the approval of provision of the conference report shall be as proposed by the House. the Secretary of the Interior for proposed constructed as contradicting or diminishing projects, and complete projects with TPA NATIONAL INDIAN GAMING COMMISSION the permanence of section 108 of the fiscal and/or non-Federal funds. The Secretary’s SALARIES AND EXPENSES year 1997 Interior appropriations law or as a approval would be based on the determina- Amendment No. 54: Appropriates $1,000,000 subsequent Act of Congress expressly author- tion that the proposed projects comply with with one-year availability for salaries and izing any final rules or regulations regarding H9024 CONGRESSIONAL RECORD — HOUSE October 22, 1997 section 2477 of the Revised Statutes to take the Senate. The House had no similar provi- an Environmental Impact Statement (EIS) effect. sion. This provision is consistent with the was completed. The preferred alternative in Amendment No. 58: Makes a technical cor- hatchery transfer proposal included in the the EIS was for the National Park Service to rection to House language continuing the fiscal year 1996 Appropriations Act. acquire the claims. Under these cir- moratorium on offshore oil and gas leasing Amendment No. 63: Amends section 115 of cumstances, and subsequent delays and un- in the North Aleutian Basin as proposed by Public Law 103–332 to allow agencies in addi- certainties, a large majority of claim owners the Senate. tion to the Department of the Interior to believed that mining operation plans would Amendment No. 59: Modifies House lan- fund cooperative research agreements incre- not be approved. This section is intended to guage regarding the ability of Indian tribes, mentally with funds provided by other Fed- provide both the claim owners and the Na- tribal organizations, or tribal consortia to eral agencies as proposed by the Senate. The tional Park Service with an expeditious invest advance payments or to allow such House had no similar provision. mechanism to resolve these claims. While in- payments to be invested in certain mutual Amendment No. 64: Amends Public Law corporating the procedures and jurispru- funds and securities or to be deposited in cer- 100–446 as proposed by the Senate to change dence under the Declaration of Takings Act, tain protected accounts as proposed by the the annual amount that can be expended for this section includes an additional procedure Senate. Kili and Ejit at Bikini Atoll and to provide provided under this section for the owner’s The intent of the investment restrictions for inflation adjustments. The House had no ability to bring suit. contained in Section 112 is to limit the types similar provision. The managers recognize that there has of permissible investments for all funds ap- Amendment No. 65: Modifies language pro- been significant dispute as to whether there propriated and obligated under the Indian posed by the Senate directing the BIA to re- have been takings of mining claims. This Self-Determination and Education Assist- allocate tribal priority allocation (TPA) section offers consenting owners the oppor- ance Act and the Tribally Controlled Schools funds. The House had no similar provision. tunity at least to obtain compensation as of Act. This is to ensure that these funds are The managers agree that the current pro 90 days from the day of enactment of this available to support the public functions for rata distribution of TPA, based on historical Act, while leaving the takings matter to the which these funds were appropriated. The methods dating to the 1930s, has resulted in parties or the court system to resolve. managers believe that these goals will be great disparity in the funds of the non-for- The National Park Service is encouraged achieved by barring risky investments such mula funded TPA programs, which are re- to use, to the greatest extent feasible, and as those in speculative securities, in unse- ferred to as ‘‘base’’ funds. Currently, 309 of within reasonable health and safety guide- cured financing arrangements, or the 526 Federally recognized tribes do not re- lines and in consultation with the Alaska uncollateralized or uninsured bank accounts. ceive a base of even $160,000, the minimum State Historic Preservation Officer, any The managers strongly believe that should level of TPA funding per tribe recommended equipment or structures not removed by losses occur, such amounts must be repaid by the Joint Tribal/BIA/DOI Advisory Task owners that are of an historic nature as part by the tribes. Force on Reorganization of the BIA in its of future exhibits on mining within Denali Amendment No. 60: Inserts language pro- 1994 report. The managers agree that the BIA National Park and Preserve. In addition, the posed by the House and modified by the Sen- shall raise the base funding of all tribes not managers encourage the National Park Serv- ate concerning severance pay and others ben- receiving the minimum recommended TPA ice to allow appropriate visitor use of the efits by Bureau of Land Management em- funding to $160,000 in fiscal year 1998. trails and roads created by the miners. Con- ployees in the helium operations program to The managers understand that the tribes gress does not authorize the National Park include certain training benefits and to clar- have obligations related to the use of the Service to use this section to force unwilling ify annual leave restoration provisions as TPA funds. The managers have provided sellers off their patented or unpatented land. proposed by the Senate. tribes with full fiscal year 1997 TPA funding, The managers have provided funding in the Amendment No. 61: Restores language in- adjusted for all fixed costs and internal NPS land acquisition account, in part, to serted by the House and stricken by the Sen- transfers, and have provided funding for the pay for administrative work such as validity ate stipulating that the establishment of a proposed increases to the formula driven pro- determinations and appraisals, as well as the new regional office in the United States Fish grams not included in tribes’ base. review of information received from claim and Wildlife Service requires the advance ap- To the extent that TPA funds remain owners pursuant to this section. Such money proval of the House and Senate Committees available for allocation after distribution as may also fund the acquisition of claims on Appropriations. directed above, the managers agree that the through Declarations of Takings account. The managers are sympathetic to the Serv- funds should not be allocated under the cur- Amendment No. 68: Modifies language pro- ice’s argument that the large workload on rent method used by the BIA. The managers posed by the Senate which amends Section the west coast is putting a strain on the re- direct the Secretary to convene a task force 1034 of Public Law 104–333 to extend the pe- gional office in Portland, Oregon. The man- of Federal officials and tribal representa- riod for filing by Alaska Native Corporations agers believe that the Service’s proposal to tives by October 31, 1997, to determine the al- regarding the land conveyance dispute in create a new regional office at a cost of $10 location of any remaining TPA funds, based Lake Clark National Park and Preserve, AK. million and more than 120 FTEs may not be on the recommendations and principles con- The modification permits the introduction of the best use of additional resources and tained in the 1994 report. If the task force any relevant evidence. The House had no staffing. In this conference agreement the cannot agree on a distribution consistent similar provision. managers have been very sensitive to the with the 1994 report by January 31, 1998, the Amendment No. 69: Modifies language pro- Service’s need to address its large mainte- Secretary shall distribute the funds by Feb- posed by the Senate relating to the computa- nance and operational backlogs in the field. ruary 28, 1998, based on the recommendations tion of the refuge revenue sharing payment The managers do not want to see a large new of a majority of task force members, or, if no to the Kodiak Island Borough. The modifica- bureaucracy drain both funding and staffing majority recommendation can be reached, tion requires the Fish and Wildlife Service to increases which are so essential to making considering the recommendations of the task conduct another assessment of the property on-the-ground improvements as the National force members. The managers urge the task and to base refuge revenue sharing pay- refuge system approaches its 100th birthday force and the Secretary, in the event that ments, beginning with the payment to be in the year 2003. The managers note that the the Secretary has to distribute the funds made in fiscal year 1999, on the new assess- Vice President’s National Performance Re- without a distribution recommendation sup- ment. The House had no similar provision. view goals are targeted toward reducing the ported by a majority of task force members, Amendment No. 70: Deletes language pro- size of the Federal bureaucracy and empow- to consider the inequities in current TPA al- posed by the Senate authorizing a National ering employees to take responsibility for location and the disparate economic situa- Park Service heritage study of the their work assignments without a multi-lay- tions of the tribes. Androscoggin River Valley, and inserts lan- ered review bureaucracy. Therefore, the Amendment No. 66: Amends Section 116 of guage authorizing increased assessment fees managers encourage both the Service and Public Law 104–208 as proposed by the Senate for the National Indian Gaming Commission, the Administration to examine a variety of to correct citations in the fiscal year 1997 ap- excluding self regulated tribes such as the cost-effective alternatives, including non- propriations Act relating to the transfer of a Mississippi Band of Choctaw. The House had traditional alternatives, to deal with the Federal facility in Salt Lake City, Utah, to no similar provision. Service’s west coast workload problem, such the University of Utah. The House had no Amendment No. 71: Amends Section 3 of as placing additional personnel in the field. similar provision. Public Law 94–392 as proposed by the Senate The House and Senate Committees on Appro- Amendment No. 67: Amends language re- regarding the ability of the government of priations will continue to work with the lating to Kantishna Mining claims acquisi- the Virgin Islands to issue bonds. The House Service to identify the most appropriate way tion which was set out in the Senate bill. In had no similar provision. to address this problem. The managers be- 1903, gold miners first staked claims in the Amendment No. 72: Directs the Secretary lieve the solution should be part of an over- area known as the Kantishna Mining Dis- of the Interior to take action to ensure that all approach to addressing the operational, trict. Mining operations continued, and peri- the lands comprising the Huron Cemetery of maintenance and staffing needs of the Serv- odically enjoyed a number of boom years, Kansas City, Kansas, are used only for reli- ice. right up through the 1970’s. In 1980, the area gious and cultural uses compatible with the Amendment No. 62: Inserts language con- became part of the National Park System. In use of the lands as a cemetery as proposed by veying the Bowden National Fish Hatchery 1985, the Park Service was enjoined from ap- the Senate. The House had no similar provi- to the State of West Virginia as proposed by proving claim owners’ operation plans until sion. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9025 Amendment No. 73: Revises the boundaries for the hazardous wastes or other substances ter at the fiscal year 1997 level of $200,000. of the Arkansas Post National Memorial as placed on the lands. The economic action program funds should proposed by the Senate to include an addi- Amendment No. 82: Modifies language pro- be distributed as follows: tional 360 acres and authorizes the Secretary posed by the Senate regarding the Stampede Rural development ...... $5,000,000 of the Interior to acquire these acres. The Mine Site in Denali NP&P, AK. The House Wood in transportation ...... 1,200,000 House had no similar provision. had no similar provision. Economic recovery ...... 3,850,000 Amendment No. 74: Modifies language pro- TITLE II—RELATED AGENCIES Forestry products conservation posed by the Senate regarding Glacier Bay DEPARTMENT OF AGRICULTURE and recycling ...... 1,200,000 access to provide for open competition and FOREST SERVICE Columbia River Gorge county to limit additional passenger ferry transpor- payments ...... 215,000 tation into Bartlett Cove from Juneau to one FOREST AND RANGELAND RESEARCH entry per day. The House had no similar pro- Amendment No. 83: Appropriates Amendment No. 85: Retains language pro- vision. $187,944,000 for forest and rangeland research posed by the Senate to provide $800,000 in the Amendment No. 75: Amends Title I of Pub- instead of $187,644,000 as proposed by the Pacific Northwest Assistance activity for the lic Law 96–514 under the heading ‘‘Explo- House and $188,644,000 as proposed by the World Forestry Center in Oregon to be used ration of National Petroleum Reserve in Senate. Changes from the amounts proposed to aid the Umpqua River Basin land ex- Alaska’’ as proposed by the Senate regarding by the House include a total of $700,000 for change project as authorized in section 1028 lease operations and royalty terms. The the Rocky Mountain station forest health of Public Law 104–333. The House had no House had no similar provision. project, an additional $450,000 for the Insti- similar provision. The managers encourage Amendment No. 76: Inserts language pro- tute of Pacific Islands Forestry, IH, an in- the project directors to increase funding posed by the Senate prohibiting the Sec- crease of $500,000 for the fine hardwoods tree from private sources so this study can be fin- retary of the Interior from approving any improvement project in association with ished in fiscal year 1998. The managers ex- class III tribal-State gaming compacts with- Purdue University, IN, and $1,500,000 as addi- pect that no further Federal funds will be out the prior approval of a State. It is also tional funding for research at the Pacific necessary and that a report detailing the use the sense of the Senate that the Justice De- Northwest station. The agreement retains of these funds and previous Federal funds partment should enforce the provisions of the Senate positions that no additional fund- and the results of the studies will be pro- the Indian Gaming Regulatory Act. The ing is provided as a grant for the Northern vided to the House and Senate Committees House had no similar provisions. Arizona School of Forestry forest health on Appropriations no later than January 15, The managers agree that this section pro- project and that $3,000,000 is provided to ac- 1999. The managers encourage the involved hibits the Secretary of the Interior during celerate forest inventory and analysis fo- Federal agencies to cooperate fully with the fiscal year 1998 from adoption specific proce- cused on States with partnerships. Umpqua River Basin land exchange project dures to authorize and govern Indian gaming The managers have included an increase of to facilitate the goals of the authorized activities in any particular State in the ab- $300,000 for the Rocky Mountain Research study. sence of a tribal-State compact approved by Station for monitoring and research to sup- Amendment No. 86: Retains language pro- a State in accordance with State law. port the Southwest region wildland eco- posed by the Senate exempting the Alaska Amendment No. 77: Inserts language which system restoration projects, as developed by Spruce Bark Beetle task force from require- modifies a Senate provision relating to defi- a joint region-station project team, that also ments of the Federal Advisory Committee nition regulations of the National Indian will include appropriate expertise from other Act. The House had no similar provision. Gaming Commission. The modification is in- organizations. The managers, recognizing INTERNATIONAL FORESTRY tended to make clear that the Commission the current controversies surrounding the The conference agreement allows the For- can gather information relating to the Ad- management of the forests in the Southwest, est Service to use up to $3,500,000 to support vanced Notice of Proposed Rulemaking, but wish to ensure full participation by all par- international forestry activities as author- not issue draft or final rules. The House had ties in the Southwest ecosystem restoration ized. These funds may be taken from other no similar provision. research effort. The Forest Service shall appropriations available to the Forest Serv- The managers note that this provision will place a representative of the New Mexico De- ice. The House and Senate Committees on have no effect on the classification of bingo partment of Agriculture and a representative Appropriations should be informed of the games, including bingo involving electronic from the range task force at New Mexico funding mix used. Of this amount, $230,000 is blowers. Such games currently are consid- State University on any advisory committee for the international forestry activities of ered class II and will remain class II under or team established for this research project. the Institute of Pacific Islands Forestry, an this provision. The Forest Service is directed to submit a increase of $100,000 over the fiscal year 1997 Amendment No. 78: Deletes language in- draft proposal at the earliest possible date to funding for this activity. serted by the Senate concerning the Youth the House and Senate Committees on Appro- NATIONAL FOREST SYSTEM Environmental Service program and inserts priations fully outlining its research plans Amendment No. 87: Appropriates a provision providing for the U.S. Fish and and more complete details on this proposal, $1,348,377,000 for the National forest system Wildlife Service to continue to make pay- including the duration and multi-year cost instead of $1,364,480,000 as proposed by the ments to local entities for real Federal prop- estimate. erties transferred to the U.S. Geological Sur- House and $1,337,045,000 as proposed by the vey. The Senate bill addressed the payment STATE AND PRIVATE FORESTRY Senate. Changes to the amount proposed by provision under the U.S. Geological Survey. Amendment No. 84: Appropriates the House include increases of $1,000,000 for The House had no similar provisions. The $161,237,000 for State and private forestry in- inventory and monitoring, $500,000 for anad- managers expect the Department to provide stead of $157,922,000 as proposed by the House romous fish habitat management and the report requested in the Senate amend- and $162,668,000 as proposed by the Senate. $2,034,000 for grazing management, and de- ment dealing with the Youth Environmental Changes from the House position include the creases of $1,370,000 for inland fish habitat Service program not later than 120 days after addition of $500,000 for the Alaska Spruce management, $1,000,000 for timber sales man- enactment of this Act. Bark Beetle task force in the cooperative agement, $1,000,000 for soil, water and air op- Amendment No. 79: Includes language pro- lands forest health management activity and erations, $500,000 for watershed improve- posed by the Senate concerning the convey- a reduction of $1,850,000 for cooperative lands ments, $767,000 for minerals and geology ance of certain lands managed by the Bureau fire management. Other changes from the management, $1,000,000 for real estate man- of Land Management to Lander County, Ne- levels proposed by the House include an in- agement and $14,000,000 for general adminis- vada. The House had no similar provision. crease of $2,000,000 for stewardship incentives tration. Amendment No. 80: Modifies language pro- and $2,000,000 for the forest legacy program, The conference agreement includes lan- posed by the Senate requiring the sale of cer- Mountains to Sound Greenway project in guage in Title III encouraging the Forest tain BLM lands to landowners in Clark Washington State. The Chesapeake Bay pro- Service to release forest planning regula- County, NV. The House had no similar provi- gram is funded at the fiscal year 1997 level tions that have been under development sion. from the forest stewardship activity. The since 1990. Other Title III language governs Amendment No. 81: Deletes language pro- managers encourage the Forest Service to the Interior Columbia River Basin environ- posed by the Senate establishing a National use the stewardship incentives program to mental impact statements but the managers Parks and Environmental Improvement enhance sustained commodity production have not set a date certain for public com- Fund and inserts language providing for a from private lands and aid the nation’s sup- ment periods. The conference agreement di- National Park Service land exchange of ply of forest products and services by using rects that the Forest Service not begin any property in the District of Columbia for the full range of forest practices authorized new large scale ecoregional assessments, property in Prince Georges County, MD, for for this program. Economic action programs such as the Interior Columbia Basin study, Oxon Cove Park. The managers have ad- are provided $11,465,000, an increase of without the advance approval of the House dressed the establishment of an environ- $465,000 above the House level. The funds to and Senate Committees on Appropriations. mental restoration fund in Title IV, Amend- restore the forestry products conservation Funding associated with such initiatives ment No. 162. With respect to the Oxon Cove and recycling program to the fiscal year 1997 should be clearly displayed in the budget ex- land exchange, the managers understand level are provided to maintain the technical planatory notes. The managers agree that that the National Park Service is not liable assistance for the Princeton Hardwoods Cen- the Forest Service should provide advance H9026 CONGRESSIONAL RECORD — HOUSE October 22, 1997 notice to the House and Senate Committees tional forest system funds for the construc- Project Amount on Appropriations if small scale, multi-for- tion of facilities costing no more than Winter Olympic Games 2002 est assessments are planned that are not re- $250,000 to require the advance approval of (UT) ...... 1,214,000 flected in the annual budget justification. the House and Senate Committees on Appro- Request projects ...... 20,312,000 The managers agree to earmarks proposed priations following established reprogram- by the Senate including $300,000 for the great ming procedures. The House had no similar Subtotal: Recreation ... 31,823,000 western trail feasibility study in the Inter- provision. mountain region and $100,000 for Alaska gold WILDLAND FIRE MANAGEMENT Total facilities con- rush centennial exhibits and living history struction ...... 50,656,000 presentations, and an increase of $1,000,000 Amendment No. 89: Appropriates for trail maintenance in the Pacific North- $584,707,000 for wildland fire management in- stead of $591,715,000 as proposed by the House Trails Construction: west region. The managers expect the chal- Continental Divide Trail lenge cost share funding levels for all activi- and $582,715,000 as proposed by the Senate. The managers agree that $4,000,000 should be (CO) ...... 750,000 ties to follow the budget request, with the Palmetto Trail (SC) ...... 125,000 addition of $500,000 in both the rangeland and used from the fire operations activity for the new fire science and management program Sawtooth NRA Harriman forestland vegetation management activi- Trail (ID) ...... 300,000 ties. The managers agree that a total of to work closely with the similar program at the Department of the Interior. Steigerwald Lake (WA) ..... 150,000 $4,000,000 should be used for exotic and nox- Taft Tunnel (ID) ...... 750,000 ious plant management, and that the Pacific RECONSTRUCTION AND CONSTRUCTION Tonopah N/S trailhead Northwest region is encouraged to fund the Amendment No. 90: Appropriates (NV) ...... 20,000 Okanogan and the Colville National Forest $166,045,000 for reconstruction and construc- Request projects ...... 25,200,000 activities targeted at the eradication of nox- tion instead of $154,522,000 as proposed by the ious weeds. The managers note that it ap- House and $155,669,000 as proposed by the Total Trails Construc- pears that Forest Service staff in the Pacific Senate. Increases above the House allowance tion ...... 27,295,000 Northwest region has attempted to penalize for recreation roads include $1,000,000 for the ranchers in perpetuity for alleged grazing Hamma Hamma road in Washington and Road Construction: violations. The managers expect that any $800,000 for the Trappers Loop Connector Road type: penalties imposed will reflect the severity of road in Utah. Timber Roads ...... 47,400,000 the violation and should not be permanent, The managers agree to the following dis- Recreation Roads ...... 27,400,000 and that appropriate agency review of the al- tribution of funds: General Purpose Roads ...... 13,294,000 leged violations should be undertaken to de- Project Amount termine if the penalty is still necessary. Facilities construction: Total Road Construction ...... 88,094,000 The managers are concerned that commit- Research: ments made in the President’s Pacific North- Inst. Pacific Islands For- Total all construction ...... 166,045,000 west Forest Plan be fulfilled. Accordingly, estry (HI) ...... $360,000 the managers expect the Forest Service to Request projects ...... 2,377,000 The managers understand that the Forest make available for sale in fiscal year 1998 the Service and the National Park Service have timber volume specified in alternative 9 of Subtotal: Research ...... 2,737,000 agreed to build and jointly occupy a multi- the Record of Decision of the Final Environ- agency facility for administration, oper- mental Impact Statement, as revised. This Fire, Admin., other: ations, and visitor contact in Utah at volume should be no less than 763 million Boulder Ranger District Timpanogos Cave National Monument and board feet, which includes no more than 10 (CO) ...... 1,000,000 Unita National Forest, Pleasant Grove rang- percent of the volume in the form of prod- Grey Towers Nat. Historic er district. The managers support these co- ucts which the Final Environmental Impact Site (PA) ...... 2,300,000 operative efforts so long as they result in Statement defines as ‘‘other wood’’. Oakridge RD station recon- greater efficiency and better public service. The conference agreement earmarks at struction (OR) ...... 4,000,000 The managers have provided funds elsewhere least $1,000,000 from the land ownership ac- Wayne NF supervisor’s of- to the National Park Service for planning tivity to assist resource input to the reli- fice (OH) ...... 500,000 and design of this project. The managers ex- censing of hydropower projects on national Seward RD interagency pect the Forest Service to include an equal forest lands and to update assessments of hy- center (AK) ...... 100,000 share of total construction costs in its fiscal dropower project fair market values. The Request projects ...... 8,196,000 year 1999 budget submission. The managers managers agree with the House language di- have included a total of $100,000 in the fire, recting the Forest Service to use funds gen- Subtotal: FAO ...... 16,096,000 administrative and other facilities activity erated as a result of 16 U.S.C. 501 promptly for planning assistance to the new inter- for priority road, trail, and bridge mainte- agency facility in Seward, AK. More detailed Recreation: nance projects to reduce the significant instructions for the Seward/Kenai Fjords NP Badin Lake campground backlog. The report requested by the House facility are provided under the National (NC) ...... 1,000,000 on facility, road and bridge maintenance, re- Park Service construction account in this Barton Flats group camp- pair and replacement needs should indicate statement. ground rehab (CA) ...... 640,000 clearly how this significant source of funds Amendmet No. 91: Deletes language pro- Chilowee campground will be used to improve the transportation posed by the Senate earmarking $800,000 for rehab (TN) ...... 500,000 infrastructure on national forest system the Trappers Loop Connector Road in the Choctaw RD visitor con- lands. The managers reiterate support for co- Wasatch-Cache National Forest. The House tact center (OK) ...... 445,000 operative law enforcement agreements and had no similar provision. Funding for the Cradle of Forestry (NC) ..... 1,700,000 have included funds for this purpose. The Trappers Loop Connector Road is included in Franklin County Dam (MS) 1,000,000 managers are aware of a proposed designa- the Forest Service reconstruction and con- Klahowya campground tion of a high intensity drug trafficking area struction account. water system (WA) ...... 50,000 in the Daniel Boone National Forest, KY. Amendment No. 92: Deletes language pro- Lake Isabella rehabilita- Such a designation would provide for en- posed by the House and stricken by the Sen- tion projects ...... 250,000 hanced enforcement which would address ate providing that not to exceed $25,000,000 Lee Canyon, Tahoe Mead- marijuana production in the Forest. The remain available until expended for the con- ows (NV) ...... 427,000 managers urge the Forest Service to ensure struction of forest roads by timber pur- Midewin National that appropriate law enforcement personnel chasers. The managers support the instruc- Tallgrass Prairie (IL) ..... 1,600,000 are provided to support this initiative once tions regarding timber purchaser road cred- Nantahala NF rehabilita- approved. its proposed by the Senate. The managers urge the Forest Service to tion projects (NC) ...... 400,000 work cooperatively with Lafayette County, Oklahoma equestrian LAND ACQUISITION Mississippi, officials in making improve- projects ...... 205,000 Amendment No. 93: Appropriates $52,976,000 ments to county road 244 within the Holly Olympic NF campgrounds for land acquisition instead of $45,000,000 as Springs National Forest. (WA) ...... 150,000 proposed by the House and $49,176,000 as pro- The managers have agreed to revised in- Pikes Peak Summit House posed by the Senate. The managers agree to structions, provided in the Forest Service (CO) ...... 1,000,000 the following distribution of funds: administrative provisions, regarding poten- Sawtooth NRA Harriman Project Amount tial Alaska regional office relocations and trail structure (ID) ...... 100,000 Appalachian Trail ...... $3,000,000 other Alaska office closures and alterations Spruce Knob repairs (WV) 80,000 Arapaho (Wedge), CO ...... 350,000 proposed by the Senate. Upper Ocoee corridor (TN) 200,000 California wilderness ...... 1,500,000 Amendment No. 88: Modifies language pro- Waldo Lake rehabilitation Chattooga watershed, GA– posed by the Senate governing the use of na- (OR) ...... 550,000 NC–SC ...... 1,000,000 October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9027 Project Amount duced timber volume offer under this plan distributed equally between the participat- Cleveland (Rutherford will create economic hardships for local ing sites. Ranch), CA ...... 1,000,000 communities and that imbalance distribu- 5. No additional funds have been provided Columbia River Gorge, WA 8,000,000 tion of remaining Federal jobs and spending for the Gypsy field project in oil technology Danial Boone & Red Bird, in the region may compound those hard- because the Committees have been assured KY ...... 1,000,000 ships. Accordingly the managers expect the by the Department that sufficient funds are Gallatin (Yellowstone), MT 1,500,000 regional forester to conduct a regional work available for the project through fiscal year Green Mt. (Taconic Grest load study and to develop a workforce plan 1998. and Vermont Rivers), VT 2,000,000 that ensures high levels of customer service The managers are aware of the Depart- Hossier, IN ...... 500,000 throughout the region, preserves the re- ment’s request for proposals relating to new Jefferson (Guest River gional headquarters in Alaska, evaluates the fuel cell research. While not directing the Gorge), VA ...... 300,000 need to consolidate and/or relocate offices, fossil energy program to cancel the RFP, the Lake Tahoe, NV–CA ...... 900,000 including regional the regional office to managers are concerned about the potential Los Padres (Big Sur), CA ... 1,000,000 Ketchikan, makes limited use of centralized outyear costs of new initiatives and expect Michigan Lakes & Streams 250,000 support activities from other regions or the Department to proceed cautiously in Missouri Ozark Mt. agencies, and provides for implementation that regard. The managers understand that Streams ...... 500,000 by January 1, 2000. Further, the managers the RFP is for studies only and that these Mt. Baker (Skagit), WA ..... 700,000 expect the workforce plan to reflect the full studies relate to the strategic plan recently Nantahala (Thompson participation of affected Southeast Alaska developed by the Federal Energy Technology River), NC ...... 1,200,000 communities and to include a community by Center. New Mexico Forests ...... 750,000 community assessment of economic impacts ALTERNATIVE FUELS PRODUCTION Ouachita (Cossotot River), and the rationale used by the regional for- AR ...... 500,000 ester to distribute Federal jobs under the (INCLUDING TRANSFER OF FUNDS) Ozark (Richland Creek), workforce plan. The managers expect that The managers are aware of a proposed AR ...... 326,000 the workforce plan will emphasize retention pipeline from the Great Plains Gasification Pacific NW Streams ...... 2,500,000 of experienced personnel for accomplishment Plant in North Dakota to an oil field in Sas- San Bernardino, CA ...... 2,000,000 of Southeast Alaska’s multiple-use resource katchewan, to provide CO2 for enhanced re- Sawtooth, ID ...... 1,800,000 management mission, will make maximum covery of oil. The managers believe that Sumter (Lake Jocassee), use of local hiring authority, and will be sub- such a pipeline should have a positive effect SC ...... 3,250,000 mitted to House and Senate committees with on the long term stability of the plant and Uinta (Bonneville shore- jurisdiction by March 1, 1998, for review and should provide further assistance of pay- line trail), UT ...... 500,000 further guidance, if warranted. Any expendi- ments to be made to the Department from White Mt. (Lake Tarleton), tures at the regional office in excess of the Great Plains operation over the next 7 NH ...... 2,650,000 $17,500,000 from the funds provided to the re- years. Therefore, the managers do not object White River (Warren gion shall be preceded by a 60-day notifica- to modifying the existing trust agreement Lakes), CO ...... 700,000 tion to the House and Senate Committees on with Dakota Gasification Company (DGC) to: Wisconsin Wild Waterways 2,000,000 Appropriations. (1) provide DGC a loan up to a maximum of Acquisition management .. 7,500,000 DEPARTMENT OF ENERGY $12.5 million subject to confirmation that Cash equalization ...... 1,800,000 FOSSIL ENERGY RESEARCH AND DEVELOPMENT the balance of funding for the CO2 project Wilderness protection ...... 500,000 has been committed; (2) provide such a loan Amendment No. 99: Appropriates Emergency acquisitions .... 1,500,000 at an interest rate equal to the average rate $362,403,000 for fossil energy research and de- of other loans for the project acquired by velopment instead of $313,153,000 as proposed Total ...... 52,976,000 DGC; and (3) secure such loan for the benefit by the House and $363,969,000 as proposed by of the Federal Government on terms and COOPERATIVE, WORK, FOREST SERVICE the Senate. Increases to the amount pro- conditions equivalent to those agreed to by Amendment No. 94: Appropriates no fund- posed by the House include $650,000 in coal ing for cooperative work, Forest Service as research to complete the hospital waste the other lenders. proposed by the Senate instead of $128,000,000 project at the veterans hospital in Lebanon, NAVAL PETROLEUM AND OIL SHALE RESERVES as proposed by the House. PA; $48,650,000 in natural gas research, of Amendment No. 100: Appropriates ADMINISTRATIVE PROVISIONS, FOREST SERVICE which $45,000,000 is for advanced turbine sys- $107,000,000 for the Naval petroleum and oil Amendment No. 95: Deletes language pro- tems (rather than consolidating all turbine shale reserves as proposed by the Senate in- posed by the Senate exempting Alaska relo- research in the energy conservation account stead of $115,000,000 as proposed by the cations and closures from the requirement to as proposed by the House), $1,000,000 in the House. The decrease below the amount pro- obtain consent from the House and Senate gas to liquids program is for alternative cost posed by the House is for operations at the shared technology needed to foster the com- Committees on Appropriations. The House Elk Hills Reserve. mercialization of ceramic membrane proc- had no similar provision. The managers agree that unexpended bal- esses, $650,000 is for technology development, Amendment No. 96: Earmarks $2,250,000 for ances and other available assets and re- and $2,000,000 is for fuel cell systems; $350,000 Federal financial assistance to the National sources may be used for the purpose of in oil technology, of which $250,000 is for the Forest Foundation instead of $2,000,000 as privatizing the Rocky Mountain Oilfield northern mid-continent digital atlas and proposed by the House and $2,500,000 as pro- Test Center. The Center should be fully $100,000 is for environmental compliance; and posed by the Senate. privatized no later than fiscal year 2001. $800,000 for cooperative research and develop- Amendment No. 97: Earmarks as maximum The managers do not object to the recent ment. Decreases to the House proposed level of $750,000 for administrative expenses of the reprogramming request to realign funds to include $1,000,000 for laboratory/industry National Forest Foundation instead of complete the Elk Hills sale and equity deter- partnerships and $200,000 for the risk assess- $500,000 as proposed by the House and minations at the Elk Hills Reserve. The ment and groundwater protection data base, $1,000,000 as proposed by the Senate. The managers have agreed to this reprogram- both in the oil technology program. ming with the understanding that this re- managers understand the initial delays dur- The mangers agree to the following: ing the establishment of the Foundation and alignment of funds is needed to ensure that 1. The $300,000,000 included above the budg- the taxpayer receives the best possible price encourage the Foundation to work strenu- et request relating to the new PM 2.5 air ously to fulfill its authorized purpose and to for the reserve when a sale is consummated. quality regulations is for data monitoring The managers make no assumption with reduce its future dependence on Federal and development of cost effective control respect to the sale price of the Elk Hills Re- funds for administrative support. technologies or source production science. serve. The managers expect the Department Amendment No. 98: Modifies language pro- 2. The amount provided for fuel cell re- posed by the Senate regarding reorganiza- to ensure that it receives fair value for the search assumes that at least an additional taxpayer in consummating the sale. tion and funding of the Forest Service re- $6,000,000 will be made available from the fis- gional office in Alaska. The House had no cal year 1998 National Security appropria- ENERGY CONSERVATION similar provision. tion (Army) for molten carbonate fuel cells; Amendment No. 101: Appropriates The managers note that the Tongass Na- the Department should work with the De- $611,723,000 for energy conservation instead tional Forest Land Management Plan re- fense Department/Army to ensure those of $644,766,000 as proposed by the House and duces the timber allowable sale quantity. It funds are transferred appropriately. $629,357,000 as proposed by the Senate. In- is presumed that the Forest Service will tai- 3. No assumption is made with respect to creases to the amount proposed by the House lor its workforce and organization appro- downselecting from 3 to 2 contractors in the include $4,235,000 for building technology, of priately. The managers are very concerned fuel cell program; the Department of Energy which $1,535,000 is for the home energy rating about the appearance that expenditures for should base its decision on available funding system, $100,000 is for advanced desiccant regional office operations and centralized and the merits of the 3 existing projects and technology, $500,000 is for Energy Star, field costs have risen significantly as a pro- report to the Committees on that decision. $100,000 is for highly reflective surfaces, portion of annual appropriated funds since 4. Project funds for the cooperative re- $750,000 is for codes and standards, $1,000,000 1993. The managers recognize that the re- search and development program should be is for the weatherization assistance program, H9028 CONGRESSIONAL RECORD — HOUSE October 22, 1997

and $250,000 is for State energy program Amendment No. 103: Earmarks $124,845,000 INDIAN HEALTH FACILITIES grants; $2,797,000 for the industry sector, of for weatherization assistance grants instead Amendment No. 111: Appropriates which $300,000 is for forest and paper prod- of $123,845,000 as proposed by the House and $257,538,000 for Indian health facilities in- ucts, $333,000 is for steel, $674,000 is for alu- $129,000,000 as proposed by the Senate. stead of $257,310,000 as proposed by the House minum, $990,000 is for metal casting, $200,000 Amendment No. 104: Earmarks $30,250,000 and $168,501,000 as proposed by the Senate. is for motor challenge, and $300,000 is for for State energy conservation grants instead Changes to the amount proposed by the management; and $11,875,000 for transpor- of $30,000,000 as proposed by the House and House include increases of $100,000 for the tation of which $350,000 is for clean cities, $31,100,000 as proposed by the Senate. Montezuma Creek health clinic in Utah, $575,000 is for infrastructures, systems, and STRATEGIC PETROLEUM RESERVE $40,000 for fixed costs for sanitation facilities safety, $100,000 is for EPACT replacement (INCLUDING TRANSFER OF FUNDS) and $588,000 for fixed costs for facilities and fuels, $350,000 is for vehicle field test and environmental health support; and a de- evaluation, $500,000 is for systems optimiza- Amendment No. 104: Appropriates $207,500,000 for operation of the strategic pe- crease of $500,000 for modular dental units. tion, $500,000 is for electric vehicles, Bill language related to the environmental $2,500,000 is for hybrid propulsion, $1,000,000 is troleum reserve as proposed by the Senate instead of $209,000,000 as proposed by the health and facilities support activities in- for high power energy storage, $4,000,000 is cluded in the House bill but stricken in the for fuel cell research and development, and House and stipulates that these funds are to be repaid from the sale of SPR oil as pro- Senate bill is retained. $2,000,000 is for light weight materials. De- The managers understand that additional creases to the amount proposed by the House posed by the House rather than potential re- payment using excess receipts from the sale funds may be necessary to complete design include $2,500,000 in building technology of for three health facility projects that are in which $200,000 is for industrialized housing, of the Elk Hills Naval Petroleum Reserves as proposed by the Senate. the preconstruction phase, and encourage $100,000 is for hi-cool heat pump, $800,000 is IHS, HHS and OMB to include funding in the ENERGY INFORMATION ADMINISTRATION for VHF light sources, $400,000 is for volume fiscal year 1999 budget submission to com- purchases, $300,000 is for roofs, walls, and Amendment No. 106: Appropriates plete design for the Winnebago Hospital, NE, foundations, $100,000 is for electrochromic re- $66,800,000 for the Energy Information Ad- and the outpatient facilities at Parker, AZ, search, and $600,000 is for State and local ministration as proposed by the House in- and Pinon, AZ. grants management; $46,600,000 for industry stead of $62,800,000 as proposed by the Senate. In the fiscal year 1994 Interior Appropria- sector programs of which $1,000,000 is for ADMINISTRATIVE PROVISIONS, DEPARTMENT OF tions conference report, the managers agreed chemicals, $45,000,000 is for utility turbine ENERGY that the $465,000 unobligated balance remain- programs (funded in the fossil energy ac- Amendment No. 107: Makes a technical ing from the Phoenix area regional youth count), $400,000 is for the national industrial correction as proposed by the Senate to cor- treatment center project was to be used for competitiveness through energy, environ- rect the public law citation for the Energy planning and construction of a satellite fa- ment, and economics (NICE3) program, and Policy Act of 1992. cility at an alternate site in Nevada. The $200,000 is for inventions and innovations; The managers note that the Department of managers are concerned about delays in $2,800,000 for transportation which is for high Energy especially in the energy conservation reaching agreement on the issues associated efficiency engine research and development; program activity, has been lax in following with further progress on this project, and and $50,000 in policy and management for in- the reprogramming guidelines prescribed by urge the IHS to work with the Washoe Tribe. formation and communications. the Committees. The managers expect the The managers are aware of the Washoe The managers agree to the following: 1. Of the funds provided for the home en- Department to adhere strictly to those Tribe’s proposal to locate this facility in ergy rating system, at least $250,000 should guidelines in fiscal year 1998 and thereafter. Gardnerville, Nevada, which has been deter- be set aside for new States. The Department Quarterly reporting of accounting data is no mined as the alternate site for the treatment should report to the Committees as soon as longer sufficient. center, and encourage IHS to reach closure possible on plans to phase out the existing 7 DEPARTMENT OF HEALTH AND HUMAN with the tribe so that services can be pro- pilot States and the procedures under which SERVICES vided as soon as possible. new States will be considered for participa- INDIAN HEALTH SERVICE ADMINISTRATIVE PROVISIONS, INDIAN HEALTH tion in the program. INDIAN HEALTH SERVICES SERVICE 2. The Energy Star program should be Amendment No. 112: Strikes House lan- carefully examined in the context of reor- Amendment No. 108: Appropriates $1,841,074,000 for Indian Health services in- guage and inserts Senate language on the ganizing and streamlining the buildings pro- disposition of funds for transferred functions gram. Marketing efforts should be left to the stead of $1,829,008,000 as proposed by the House and $1,958,235,000 as proposed by the which tribal contractors no longer wish to private sector to fund. retain. 3. In the transportation program, the De- Senate. Changes to the amount proposed by partment should consider using the gas utili- the House include increases of $5,036,000 for OTHER RELATED AGENCIES zation expertise at the University of Okla- fixed costs in the hospital and clinic pro- OFFICE OF NAVAJO AND HOPI INDIAN homa to the extent that it fits within pro- grams and a $3,000,000 program increase for RELOCATION gram priorities and enhances program goals. the diabetes program; $480,000 for fixed costs SALARIES AND EXPENSES 4. No funds are provided to initiate a pre- in dental health, $245,000 for fixed costs in college student vehicle competition pro- the mental health program, $105,000 for fixed Amendment No. 113: Appropriates gram. costs in the alcohol and substance abuse pro- $15,000,000 for salaries and expenses of the Of- 5. No funds should be redirected from pro- gram, $27,000 for fixed costs and a $2,000,000 fice of Navajo and Hopi Indian Relocation as gram funding provided by the Congress un- program increase in contract care, $204,000 proposed by the Senate instead of $18,345,000 less specifically identified in the budget re- for fixed costs in public health nursing, as proposed by the House. quest or in the Committee reports. Any fund- $77,000 for fixed costs in health education, INSTITUTE OF AMERICAN INDIAN AND ALASKA ing realignments are subject to the re- $1,000 for fixed costs for community health NATIVE CULTURE AND ARTS DEVELOPMENT programming guidelines contained in the representatives, $11,000 for fixed costs for front of House Report 105–163 and Senate Re- urban health, $27,000 for fixed costs and a PAYMENT TO THE INSTITUTE port 105–56. $400,000 program increase in Indian health Amendment No. 114: Appropriates $4,250,000 The managers recognize the economic and professions for the Indians in psychology for payment to the Institute of American In- environmental benefits that could be real- program, $462,000 for fixed costs in direct op- dian and Alaska Native Culture and Arts De- ized from successful development of an en- erations, and $9,000 for fixed costs for self velopment instead of $3,000,000 as proposed ergy efficient and environmentally benign governance. A decrease of $18,000 below the by the House and $5,500,000 as proposed by coke making process. Such a technology proposed House level is applied to contract the Senate. could help achieve the environmental goals support costs related to a transfer of funds The managers agree that fiscal year 1999 of this Nation, enhance the international to the facilities account. will be the last year Federal funding will be competitiveness of the U.S. steel industry Within the $400,000 increase for the Indians provided. and contribute to improved energy efficiency in psychology program, $200,000 is earmarked SMITHSONIAN INSTITUTION in the steel industry. Because of the signifi- for the University of Montana. cant potential environmental and energy ef- Amendment No. 109: Earmarks $361,375,000 SALARIES AND EXPENSES ficiency benefits, the managers encourage to remain available for two fiscal years for Amendment No. 115: Appropriates the Department to pursue the development contract medical care instead of $358,348,000 $333,408,000 for salaries and expenses of the of such a technology, either in the energy as proposed by the House and $362,375,000 as Smithsonian Institution instead of conservation program or the fossil energy re- proposed by the Senate. $334,557,000 as proposed by the House and search and development program, with at Amendment No. 110: Deletes the Senate $333,708,000 as proposed by the Senate. The least a 50 percent cost share from industry. earmark for the Office of Navajo Uranium difference from the amount proposed by the Amendment No. 102: Earmarks $155,095,000 Workers and inserts language placing a cap House consists of decreases of $138,000 for for energy conservation grant programs in- of $168,702,000 on contract support costs in museums and research institutes and stead of $153,845,000 as proposed by the House the Indian Health Service, services account. $1,011,000 for facilities services, which in- and $150,100,000 as proposed by the Senate. The House had no similar provision. cludes a reduction of $300,000 for utilities. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9029

REPAIR AND RESTORATION OF BUILDINGS Council of the Arts, but adds 6 Members of the operation of the Washington Geographic Amendment No. 116: Appropriates Congress to the Council. Information System project. However, the $32,000,000 for repair and restoration of build- The managers have agreed to $31,822,000 for managers do not intend for the NCPC to be- ings as proposed by the Senate instead of program grants instead of $37,435,000 as pro- come the primary operator of this system $50,000,000 as proposed by the House. posed by the Senate. The conference agree- nor should funds appropriated under this Act ment provides $25,486,000 for State grants in- be used to promote that purpose. If funds are CONSTRUCTION stead of $22,250,000 as proposed by the Senate available from other sources, the NCPC is Amendment No. 117: Appropriates and $6,952,000 for the State set-aside instead encouraged to apply its special planning ex- $33,000,000 for construction as proposed by of $6,069,000 as proposed by the Senate. The pertise to the project and collaborate in the the Senate. The House proposed no funding. managers also encourage the NEA to con- operation of such a system. This amount includes $4,000,000 to complete sider carefully the merits of various non-pro- TITLE III—GENERAL PROVISIONS funding for planning and design of the Dulles fessional grant applicants when making Amendment No. 128: Modifies language extension of the National Air and Space Mu- awards and to not award grants only to pro- proposed by the House and stricken by the seum and $29,000,000 to begin the first phase fessionals. The managers have agreed to a re- Senate continuing the moratorium on the of construction for the National Museum of duction of $566,000 for administration com- use of funds for preparing, promulgating, im- the American Indian Mall Museum. pared to the level proposed by the Senate plementing or enforcing interim or final NATIONAL GALLERY OF ART and agree that further administrative rules or regulations dealing with the man- REPAIR, RESTORATION AND RENOVATION OF streamlining may be warranted in future agement of subsistence fishing in Alaska wa- BUILDINGS years. The NEA should develop a proposed ters. The modification continues the morato- structuring of the administrative budget of Amendment No. 118: Appropriates $6,192,000 rium through December 1, 1998, and amends the agency that more accurately reflects the for repair, restoration and renovation of the Alaska National Interest Lands Con- Endowment’s various functions and activi- buildings instead of $6,442,000 as proposed by servation Act. ties, such as executive direction, costs for The language contains four subsections. the House and $5,942,000 as proposed by the grant review by NEA, panel review and Subsection (a) prohibits the Federal govern- Senate. The reduction from the House level Council costs, outreach, computers, policy ment from asserting jurisdiction, manage- is to be taken from the increase provided for and planning and other elements funded ment or control prior to December 1, 1998, backlog maintenance needs. from administrative dollars. Other NEA is- over the navigable waters transferred to the WOODROW WILSON INTERNATIONAL CENTER FOR sues are discussed under Amendments No. State of Alaska pursuant to the Submerged SCHOLARS 139, 140 and 156. Lands Act or Alaska Statehood Act. SALARIES AND EXPENSES MATCHING GRANTS Subsection (b) amends the Alaska National Amendment No. 119: Appropriates $5,840,000 Interest Lands Conservation Act (ANILCA) Amendment No. 122: Appropriates in a number of ways. Subsection (2) clarifies for salaries and expenses of the Woodrow $16,760,000 for NEA matching grants as pro- Wilson International Center for Scholars as that the term ‘‘Federal land’’ in ANILCA posed by the Senate instead of zero as pro- does not include lands owned by the State of proposed by the Senate instead of $1,000,000 posed by the House. as proposed by the House. The managers Alaska, or Native Corporations or other pri- NATIONAL ENDOWMENT FOR THE HUMANITIES agree to the following distribution of funds: vate owners. Neither subsection (2) nor any GRANTS AND ADMINISTRATION other provision of this section overturns, or Fellowships ...... $920,000 Amendment No. 123: Appropriates shall be construed to overturn the decision Scholar support ...... 634,000 $96,800,000 for grants and administration of of the Ninth Court of Appeals in State of Public service ...... 1,516,000 the National Endowment for the Humanities Alaska v. Babbitt (73 F.3d 698) (commonly Administration ...... 1,247,000 as proposed by the Senate instead of known as the Katie John case). Smithsonian fee ...... 139,000 $96,100,000 as proposed by the House. The Subsection (c) contains a savings clause Conf./Outreach ...... 909,000 agreement includes $700,000 above the House specifying that neither this section nor Space ...... 475,000 level as proposed by the Senate for fixed cost amendments made by this section in any way affect assertions of Native governmental The managers remain concerned about the increases. authority over lands or persons, the exist- serious deficiencies in the Center’s manage- INSTITUTE OF MUSEUM AND LIBRARY SERVICES ence or nonexistence of Indian country, ment and organization as outlined in the Na- OFFICE OF MUSEUM SERVICES whether or not ANILCA is Indian Law, or the tional Academy of Public Administration Secretary of the Interior’s authority under (NAPA) review. That review outlines 27 spe- GRANTS AND ADMINISTRATION Amendment No. 124: Appropriates section 1314(c) of ANILCA. cific recommendations for corrective action. Subsection (d) specifies that amendments $23,280,000 for grants and administration of The managers will continue to monitor care- made by subsection (b) shall only be effec- the Office of Museum Services instead of fully the Center’s progress in addressing the tive for the purposes of determining whether $23,390,000 as proposed by the House and critical recommendations, including estab- the State of Alaska’s laws provide for the $22,290,000 as proposed by the Senate. Pro- lishing a clearly defined mission, improving definition, preference, and participation re- gram funds are provided to support the fol- the process for selecting fellows and involv- quired in sections 803, 804, and 805 of lowing activities: $16,060,000 for operations; ing them in relevant debates on public policy ANILCA, including as amended by this sec- $3,130,000 for conservation; $2,200,000 for serv- issues, and improving the connection be- tion, unless and until laws are adopted in the ices to the profession; and $1,890,000 for ad- tween the Center’s fellows and the public State of Alaska which provide these things. ministrative costs. From services to the pro- programs. To that end the Inspector General Subsection (d) specifies that the amend- fession, the managers provide $1,000,000 for also has been asked to oversee the Center’s ments made to ANILCA by subsection (b) National Leadership Projects that are col- implementation of the NAPA recommenda- will be repealed on December 1, 1998, unless laborative museum/library endeavors. tions and report to the Committees. such laws are adopted in Alaska by Decem- While the managers are encouraged that COMMISSION OF FINE ARTS ber 1, 1998. there have been changes in the management NATIONAL CAPITAL ARTS AND CULTURAL Amendment No. 129: Deletes language pro- of the Center, and an Interim Director has AFFAIRS posed by the House and stricken by the Sen- been named to oversee the-day-to-day oper- ate regarding the export of timber from the ations of the Center, they also strongly en- Amendment No. 125: Appropriates $7,000,000 for National capital arts and cultural affairs western United States and inserts language courage the Center’s Board to take a more making a technical correction to the Hudson active role in guiding the Center. The man- grants as proposed by the Senate instead of $6,000,000 as proposed by the House. River Valley National Heritage Area legisla- agers also strongly encourage the search tion. committee to expedite the search for a new ADVISORY COUNCIL ON HISTORIC Amendment No. 130: Modifies language Director, The Center should keep the goal of PRESERVATION proposed by the House and modified by the bridging the gap between the worlds of schol- SALARIES AND EXPENSES Senate regarding funding for the office of arship and public policy in the forefront of Amendment No. 126: Appropriates $2,745,000 western director and special assistant to the its mission and increase the interaction be- for salaries and expenses of the Advisory Secretary of Agriculture to provide that tween the fellows, the programs and the pub- Council on Historic Preservation as proposed funding from this Act for the office is al- lic policy makers. by the Senate instead of $2,700,000 as pro- lowed up to the amount provided from this In allocating funds provided to the Center, posed by the House. appropriation in fiscal year 1997. the managers have sought to help implement Amendment No. 131: Retains language pro- NATIONAL CAPITAL PLANNING COMMISSION one of the NAPA recommendations by decid- posed by the House limiting competition on ing a greater portion of appropriated funds SALARIES AND EXPENSES watershed restoration contracts for the to public service program. encourage public Amendment No. 127: Appropriates $5,740,000 ‘‘Jobs in the Woods’’ component of the Presi- knowledge, education, understanding and ap- for salaries and expenses of the National dent’s Forest Plan for the Pacific Northwest preciation of the arts and have agreed that Capital Planning Commission (NCPC) as pro- in fiscal year 1998. The Senate proposed mak- the Endowment should stress service to un- posed by the Senate instead of $5,700,000 as ing the provision permanent. derserved populations. The conference agree- proposed by the House. The managers agree Amendment No. 132: Modifies language ment also reduces the size of the National that the Commission should participate in proposed by the House and stricken by the H9030 CONGRESSIONAL RECORD — HOUSE October 22, 1997 Senate which permits all fees collected World Heritage and Man and Biosphere pro- Act (RPA review). The House had no similar through the recreation fee demonstration grams, the managers agree that designation provision. program to be used by the collecting agency. of U.S. sites under these programs cedes ab- The managers are concerned about the du- The modification adds language stipulating solutely no authority to the United Nations plication between the requirements for de- that the National Park Service should pay or other international organizations, and veloping a strategic plan under the Govern- administrative costs for collecting fees from should not be construed as imposing any new ment Performance Results Act (GPRA) and the funds that are retained by each collect- land use restrictions on lands included in ei- the RPA review. The managers encourage ing unit. ther program. The managers further agree the Forest Service to work diligently to Amendment No. 133: Modifies House lan- that agencies involved in both of these pro- make the GPRA process successful, and to guage as proposed by the Senate limiting the grams should redouble efforts to involve the more efficiently use resources which other- use of recreation fees to construct visitor public fully in deliberations over possible wise may have been spent on the duplicative centers or other permanent structures, to designations. RPA review. permit such construction if the total esti- Amendment No. 139: Includes language pro- Amendment No. 144: Modifies language mated cost does not exceed $500,000. posed by the Senate restricting grant mak- proposed by the Senate concerning coopera- Amendment No. 134: Modifies language ing to individuals, sub-granting, and sea- tive agreements for watershed restoration proposed by the House and stricken by the sonal support by the National Endowment and enhancement by limiting the application Senate on the Interior Columbia River for the Arts. The House had no similar provi- of the provision to fiscal year 1998 rather Basin. The modified language instructs the sion. than making the provision permanent as Secretaries of Agriculture and the Interior Amendment No. 140: Inserts language pro- proposed by the Senate. The House had no concerning the Interior Columbia River posed by the Senate authorizing the Na- similar provision. The managers encourage Basin draft environmental impact state- tional Endowment for the Arts and the Na- the Forest Service to use this authority ments (DEIS). The managers remain ex- tional Endowment for the Humanities to carefully for new projects so that they do tremely concerned about the huge cost and raise funds and deposit them in special inter- not displace higher priority work on na- time involved in this project, but the man- est bearing accounts for future use. The tional forest system lands. agers want to see the project come to a con- House had no similar provision. The man- Amendment No. 145: Amends the Franklin clusion. The managers also are concerned agers believe that it is appropriate to pro- Delano Roosevelt commission statute (69 that additional social and economic analyses vide the agencies with this ability, particu- Stat. 694) as proposed by the Senate to pro- are required and that the Administration has larly in light of recent program reductions vide for the termination of the commission not been forthcoming regarding the poten- and discussions within Congress to establish and for the use of unexpended funds for tial impacts that the implementation of the a supplemental endowment fund. The man- maintenance, repair, interpretation, and projects may eventually have on this large agers intend that this new authority be used education. The House had no similar provi- area of the West. The bill language provides to augment the Federal contribution to the sion. Amendment No. 146: Modifies language in- that the Secretaries will report to the Con- endowments. The managers also recognize serted by the Senate concerning priority gress on the estimated impacts of the pro- that there is a potential for traditional arts land exchanges within the White Salmon posed project. As a result of the revised bill and humanities fundraising efforts to be af- Wild and Scenic River boundaries and within language concerning additional analysis to fected by NEA and NEH’s use of this author- the Columbia River Gorge National Scenic be conducted for the projects, the managers ity. Thus, the endowments should seek to Area by limiting the Secretary’s authority tap new sources of support for the arts and expect that additional time will be required to facilitate the transfers to September 30, humanities and not pursue a shift of private for public comment on the DEIS but the 2000. The Senate proposed permanent author- giving from the non-Federal to the Federal managers do not specify a time for the com- ity. The House had no similar provision. ment period. However, the managers expect arts and humanities communities. Amendment No. 147: Adjusts the bound- Amendment No. 141: Inserts language pro- the agencies to address fully the implemen- aries of the Wenatchee National Forest in posed by the Senate providing for reciprocal tation of these projects in their fiscal year Chelan County, Washington, as proposed by delegations of authorities between the Sec- 1999 budget justifications and convey to the the Senate. The House had no similar provi- retaries of the Interior and Agriculture for Congress a sense of the scope, impact and sion. cost for implementation. the management of public lands and forests. Amendment No. 148: Inserts language pro- Amendment No. 135: Deletes language pro- The House had no similar provision. posed by the Senate restricting the use of posed by the House and inserts alternative Amendment No. 142: Modifies language funds by the Department of Energy for the language proposed by the Senate that estab- proposed by the Senate concerning a limita- Center of Excellence for Sustainable Devel- lishes a framework for Alaska native govern- tion of funding for any activities associated opment without the approval of the House ance of the Alaska Native Medical Center. with national forest land management plan- and Senate Committees on Appropriations. Amendment No. 136: Inserts language ning. The modification allows those plans The House had no similar provision. which modifies a Senate provision preclud- currently in the revision process or under The managers are concerned that the De- ing Alaska native villages from entering into court order to proceed. The House had no partment of Energy established the Center of a compact or contract which would withdraw similar provision. Excellence for Sustainable Development funds out of the Alaska native regional The managers agree that the forest plan- without justification and approval through health care corporations, changes a date in ning regulations which the Forest Service the budget process. The information pro- the provision, and amends the Coast Guard has written, but no implemented, are long vided in response to Committee questions on Authorization Act of 1996 to reflect a change overdue. The managers are concerned that the center has been slow in coming and less in the use of property transferred to a native the Secretary’s decision to appoint a panel of than candid. The Committees will review the village. The House had no similar provision. scientists to study further the land manage- merits of this program in the context of fis- The managers have changed the effective ment planning process will result in contin- cal year 1999 budget priorities. In the mean- date in this section to permit an existing ued and unacceptable delay, and therefore time the managers expect the Department to contract with the Indian Health Service to the managers strongly urge the Secretary to use the funds and staffing devoted to this ef- be executed. The managers also have added a issue new rules in at least an interim form fort to work on the programs approved in the subsection making changes in a land convey- while the panel conducts its review. The fiscal year 1998 budget. The Department ance to the Ketchikan Indian Corporation to managers agree that a final rule should be should report to the Committees by October reflect agreed to changes regarding the use published promptly and that the forest plan- 30, 1997, on how it intends to comply with of the property. ning revision process should proceed in an this direction. The managers caution the De- Amendment No. 137: Amends language in- orderly and efficient manner so that forest partment that incomplete and inaccurate in- serted by the House and stricken by the Sen- plans reflect current social, economic and re- formation in this regard is unacceptable. The ate regarding the eviction of certain people source conditions. Consequently, the man- managers further expect the Department to from property in Sleeping Bear Dunes Na- agers have provided bill language which re- disclose fully any other instances in which tional Lakeshore. The revision allows the quires that no funding for new forest plan re- programs have been started without ap- National Park Service to pursue such evic- visions be provided until a new rule is pub- proval through the budget process. The fiscal tions provided that 90 days notice is given lished. The new planning rule may be either year 1999 budget request must clearly iden- and provided that funds are available for the interim or final. National forests which pub- tify each program to be funded in the appro- removal of the structures to be vacated. Fair lished a Notice of Intent to Revise their plan priate activity. Initiatives by the Assistant market value rates will be charged while any by October 1, 1997, or are court ordered, are Secretary should be clearly identified and occupancy continues beyond an expired res- exempt from this restriction. The managers justified in the policy and management ac- ervation. agree that national forests may continue to count. Amendment No. 138: Amends language in- amend existing forest plans following estab- Amendment No. 149: Limits the use of cluded by the House and stricken by the Sen- lished procedures. funds to amend or replace Bureau of Land ate to prohibit agencies funded in this bill Amendment No. 143: Modifies language Management regulations on surface mining from expending funds for the nomination of proposed by the Senate that prevents fund- as proposed by the Senate. The House had no sites under the Man and Biosphere Program ing from being used to complete or issue the similar provision. until legislation specifically authorizing this five year program under the Forest and Amendment No. 150: Modifies language in- program is enacted. With regard to both the Rangeland Renewable Resources Planning serted by the Senate conveying the Wind October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9031 River Nursery site to Skamania County, agreement has added a provision that gives at this time even for planning. The managers Washington, in exchange for approximately priority to grants which encourage public also are concerned that funds previously ex- 120 acres of county land. The House had no knowledge, education, understanding and ap- pended for planning on this project which similar provision. The new language author- preciation of the arts. The amendment also were to be reimbursed by other Federal agen- izes the Secretary of Agriculture to nego- limits funding for any one State to no more cies have never been repaid. Given the sig- tiate with Skamania County for the ex- than 15% of the total grants available during nificant backlog in critical repair and main- change of the Wind River Nursery site for the fiscal year. Grants with a national im- tenance needs that the National Park Serv- county owned lands in the Columbia River pact, or which are applicable to several ice has identified, this project should not Gorge National Scenic Area. During a two- States, are exempted from the calculation. commence until it has been carefully consid- year period ending September 30, 1999, the Finally, the conference agreement revises ered against other National Park Service nursery is not to be conveyed to another the current size and composition of the Na- priorities. party and is to be maintained in a tional Council of the Arts. The reform re- Amendment No. 159: Limits the use of tenantable condition by the Forest Service. duces the total of Presidential appointments funds as proposed by the Senate to imple- The exchange is to be for equal value, how- to the Council from 26 to 14 and adds 2 Rep- ment guidelines or adjust plans for National ever, the Secretary may accept services from resentatives appointed by the Speaker of the Forests in Arizona and New Mexico. The the County in lieu of cash as the Secretary House, 1 Representative appointed by the Mi- House had no similar provision. deems appropriate and the County may nority Leader of the House, 2 Senators ap- Amendment No. 160: Amends section make cash payments in installments not to pointed by the Majority Leader of the Senate 6901(2)(A)(i) of title 31, United States Code as exceed a period of 25 years. The managers ex- and 1 Senator appointed by the Minority proposed by the Senate to include popu- pect that future agreements should protect Leader of the Senate. To allow a smooth lations of cities within unorganized boroughs natural, cultural and historic values, the ex- transition to this new Council, existing of Alaska for the purposes of PILT. The isting administrative sites, and a scenic cor- members are allowed to serve out their House had no similar provision. ridor for the Pacific Crest National Scenic terms. Congressionally appointed members Amendment No. 161: Amends section Trail as well as the continued research on are to serve in an ex officio capacity for two- 103(c)(7) of Public Law 104–333 as proposed by the Wind River Experimental Forest and the year terms beginning in odd numbered years; the Senate to provide for the appointment T.T. Munger Research Natural Area. If the however, initial appointments shall be made and compensation of officers of the Presidio Secretary and the County fail to reach an by December 31, 1997, with terms expiring Trust. The House had no similar provision. agreement on an equal value exchange as de- December 31, 1998. The managers agree that TITLE IV fined in the section, the nursery site shall re- Congressional members of the Council shall be non-voting on matters involving applica- Amendment No. 162: Deletes language pro- main under Forest Service ownership and be posed by the House and stricken by the Sen- maintained by the Forest Service in a tion review and grant selection, but may provide advice and counsel on broader issues ate which would have established a deficit tenantable condition. reduction lock-box ledger in the Congres- Amendment No. 151: Deletes language in- of policy and procedure. As Presidentially appointed members’ terms expire, new mem- sional Budget Office and inserts language es- serted by the Senate exempting residents in tablishing an environmental restoration communities which receive lower-than-au- bers may not be appointed by the President until the Council membership falls below 14. fund. thorized PILT payments from paying user The managers have agreed to establish an The managers intend that the newly com- fees under the recreation fee demonstration environmental restoration fund with the in- prised Council work diligently with the program for the White Mountain National terest accrued to such fund to be used, sub- Chairperson of the NEA to foster public serv- Forest in New Hampshire and inserts lan- ject to appropriation, to address deferred ice that is more sensitive to the needs and guage renaming Walnut Creek NWR, IA as maintenance needs of the Bureau of Land the Neal Smith National Wildlife Refuge. desires of the nation. Amendment No. 157: Modifies language Management, the U.S. Fish and Wildlife Amendment No. 152: Modifies language Service, the National Park Service and the proposed by the Senate restricting the use of proposed by the Senate directing the Forest Service to develop export policy and proce- Forest Service; to provide for payments to funds for introduction of grizzly bears in the the State of Louisiana and its lessees for oil Selway-Bitteroot area of Idaho and Montana dures on the use of Alaskan western red cedar and domestic processing. The House and gas drainage in the West Delta field; and and for certain consultations under section to carry out marine research activities in 7(b)(2) of the Endangered Species Act. The had no similar provision. The managers are very concerned that Alaska western red the North Pacific. The fund is a modification House had no similar provision. The modi- of the National Parks and Environmental fication to the Senate language allows the cedar is being exported despite significant domestic processing demand within the con- Improvement Fund proposed by the Senate Fish and Wildlife Service to publish a Record in Amendment No. 81. The land acquisition of Decision on the Environmental Impact tiguous United States. The new language specifies conditions under which Alaska element in the original proposal has been re- Statement. moved. The managers understand that the Fish western red cedar will be made available for and Wildlife Service will not introduce any domestic processors in the contiguous Unit- TITLE V—PRIORITY LAND ACQUISI- grizzly bears into the Selway-Bitteroot area ed States at domestic rates. The managers TIONS, LAND EXCHANGES, AND MAIN- in fiscal year 1998 and expect the Service to are hopeful that these changes will allow TENANCE continue and intensify its public outreach greater use of western red cedar from Alaska Amendment No.163: Modifies language pro- and consultation efforts in the area. in the contiguous 48 States. The managers posed by the Senate that provides funding Amendment No. 153: Modifies language have also included language which specifies for priority land acquisitions and exchanges. proposed by the Senate concerning increases that Forest Service timber sale accomplish- The House had no similar provision. The in fees charged by the Forest Service for ments in Alaska will be based on volume sold modifications to the Senate language pro- recreation residence special use permit hold- and that all Alaska yellow cedar may be sold vide for a total fund of $699,000,000 and make ers. The modification provides that fee in- at export rates at the election of the timber a portion of these moneys available for criti- creases which are in excess of 100% of the sale holder. The managers direct the Forest cal maintenance needs. previous year’s fees should be phased in over Service to implement this policy no later The managers have provided funds for high a three-year period in equal annual install- than January 1, 1999. priority land acquisitions and exchanges as ments. The House had no similar provision. Amendment No. 158: Deletes Senate lan- requested by the Administration despite se- Amendment No. 154: States the Sense of guage providing that $4,000,000 from pre- rious reservations about two particular ac- the Senate that Civil War battlefields should viously appropriated emergency funds be quisitions—the Headwaters Forest in Califor- be preserved and should be given special pri- used for reconstructing the Oakridge Ranger nia and the Crown Butte/New World Mine in ority in land acquisition. The House had no Station in Oregon, contingent upon a Presi- Montana (near Yellowstone National Park). similar provision. dential declaration and Congressional des- Because of the many uncertainties surround- Amendment No. 155: States the Sense of ignation of an emergency, and inserts lan- ing these acquisitions, the managers have the Senate that hearings should be con- guage restricting the use of funds for rede- agreed to bill language outlining the specific ducted and legislation brought forward dur- velopment of Pennsylvania Avenue. Funding requirements that must be met before the ing this Congress addressing the issues of for reconstructing the Oakridge Ranger Sta- acquisitions can be consummated. Federal and private sector funding for the tion has been included in the Forest Service The managers agree that legislation au- arts and any needed modifications to the reconstruction and construction account. thorizing the Headwaters Forest acquisition current funding mechanism. The House had The amendment inserts language prohibit- should require a current appraisal, require a no similar provision. ing the expenditure of any funds related to completed Environmental Impact Statement Amendment No. 156: Amends language pro- the redevelopment of Pennsylvania Avenue, on the habitat conservation plan, cap the posed by the Senate to include additional re- including planning, without prior approval Federal commitment at the negotiated forms to the National Endowment for the from the Committees. The managers believe $250,000,000, address the issue of public access Arts. The section provides, as proposed by that this project should not be initiated in and require that the State of California’s the Senate, that the Endowment should give fiscal year 1998 without the concurrence of $130,000,000 cost share be available before re- priority in making grants and awards to un- Congress. The managers understand that lease of the Federal funds. The managers, at derserved populations. The House had no this project will cost some $40,000,000 and are the request of the Administration, have similar provision. In addition, the conference not inclined to provide additional resources agreed that the Secretary of the Interior H9032 CONGRESSIONAL RECORD — HOUSE October 22, 1997 may issue an opinion of value for the acqui- the future nor to imply that Federal land ac- quate provision for public access. The au- sition. The Secretary’s opinion of value may quisitions entitle local or State governments thorizing committees can examine the status serve as the basis for the acquisition price to mitigation payments either from the of each condition during the 180 day review but any difference between the appraised Land and Water Conservation Fund or from period specified in section 504. value and the Secretary’s opinion of value other sources. Subsection (c) permits the Headwaters should be explained in writing to the Com- Major Land Acquisitions—Authorization for Forest to be acquired for a value which dif- mittee on Resources of the House of Rep- Headwaters Forest and Crown Butte Properties. fers from the appraisal if the Secretary of resentatives, the Senate Committee on En- Sections 501 through 504 authorize two land the Interior certifies in writing to Congress ergy and Natural Resources and the House acquisitions requested by the Administra- that such action is in the best interest of the and Senate Committees on Appropriations. tion, to be funded from the Land and Water United States. Funding for the New World Mine acquisi- Conservation Fund—the Crown Butte acqui- Subsection (d) contains provisions to fa- tion is capped at $65,000,000 and the managers sition in Montana and the Headwaters For- cilitate issuance of a Habitat Conservation believe this acquisition also should have a est acquisition in California. The managers Plan (HCP) based on sound science by requir- current appraisal. The Secretary of Agri- have provided, in section 504, a 180 day re- ing the Secretary of the Interior and the culture may issue an opinion of value for the view period during which the authorizing Secretary of Commerce to report to Congress acquisition. The Secretary’s opinion of value committees will examine the issues associ- on the scientific and legal standards and cri- may serve as the basis for the acquisition ated with these transactions and recommend teria that will be used for developing the price but any difference between the ap- any appropriate changes to the relevant HCP and the incidental take permit. The En- praised value and the Secretary’s valuation statutory language contained herein. The dangered Species Act and its implementing should be explained in writing to the Com- managers believe that it is appropriate that regulations outline the HCP standard for mittee on Resources of the House of Rep- a more measured and thorough review of listed species that are to be covered by an in- resentatives, the Senate Committee on En- these complex and costly acquisitions be un- cidental take permit. The governing stand- ergy and Natural Resources and the House dertaken by the legislative committees of ju- ards for unlisted species (candidate and non- and Senate Committees on Appropriations. risdiction during the 180 day review period. candidate) that are to be covered by an inci- dental take permit are identical to the Both the Headwaters Forest appraisal and The managers have agreed to allow amend- standards for listed species. An HCP provides the Crown Butte/New World Mine appraisal ments that are reported from the authoriz- assurances to a land owner for all species, should conform to the Department of Justice ing committees within the 180 days to be in- both listed and unlisted, that are covered by ‘‘Uniform Appraisal Standards for Federal corporated into the anticipated fiscal year an incidental take permit. The subsection Land Acquisitions’’ and other applicable 1998 supplemental appropriations bill. That laws and regulations governing Federal land also recognizes the uniqueness of the Head- bill is expected to be available as early as waters Forest HCP. Should the HCP and in- acquisitions. The Comptroller General must February 1998. After the 180 day review, if no cidental take permit not be approved, the review both appraisals, including an exam- modifications have been enacted, the funds agencies must report to the House and Sen- ination of the methodology and data used in appropriated by this Act are authorized to be ate committees on why the proposals were conducting the appraisals. The Comptroller spent, consistent with the requirements set not sufficient to meet the applicable stand- General should submit the results of each of forth in this title. ards, and the statutory citations therefor, those reviews to the appropriate Secretary The managers are concerned that the gov- indicated by the Secretary under subsection and to the Committee on Resources of the ernment not pay more than fair value for the (d)(1). This subsection does not change or House of Representatives, the Senate Com- Crown Butte and Headwaters Forest prop- waive any public review through normal Na- mittee on Energy and Natural Resources, erties. The managers expect that at least 30 tional Environmental Policy Act and Endan- and the House and Senate Committees on days prior to executing each of these trans- gered Species Act processes. Appropriations. actions, the Secretary of Agriculture, with Subsection (e) directs a payment of With respect to the remainder of the respect to the Crown Butte acquisition, and $10,000,000 to Humboldt County within 30 $699,000,000, the managers have agreed to the Secretary of the Interior, with respect to days of acquisition of the Headwaters Forest. make these funds available with the under- the Headwaters Forest acquisition, shall While the use of the funds by the county has standing that they will be used over the next issue an opinion of value to the Committee no limitation, the payment is to offset eco- four fiscal years for high priority land acqui- on Resources of the House of Representa- nomic impacts to the county government sitions and exchanges, to address the critical tives, the Senate Committee on Energy and from the acquisition and to compensate the repair and restoration needs of the four land Natural Resources, and the Committees on county for enhanced public safety costs asso- management agencies, and for other pur- Appropriations of the House and Senate for ciated with the controversy surrounding the poses consistent with the Land and Water the land and property to be acquired by the Headwaters Forest. Conservation Fund statute. The managers Federal government in each transaction. The Subsection (f) ensures that the Federal agree to allocate the remaining $384,000,000 respective Secretary is expected to assume portion of the Headwaters Forest is consid- as follows: $10,000,000 for a payment to Hum- responsibility for the basis and accuracy of ered Federal land for purposes of payments boldt County, California as part of the Head- the opinion. in lieu of taxes. waters Forest land acquisition; $12,000,000 for Headwaters Forest. Subsection (a) of section Subsection (g) limits the amount of Fed- repair and maintenance of the Beartooth 501 contains the authority for up to $250 mil- eral funds (above the first $100,000) that can Highway as part of the Crown Butte/New lion to be spent for acquisition of the Head- be used each year for managing the Head- World Mine land acquisition; and $272,000,000 waters Forest and a clause ensuring that any waters Forest to fifty percent of the total to the Department of the Interior and substantial expansion of the forest be spe- cost of management. This will ensure that $90,000,000 to the Forest Service for other pri- cifically authorized. there will be cost-sharing with other entities ority land acquisitions and critical mainte- Subsection (b) makes the authorization ef- such as the State of California, charitable nance needs. fective until March 1, 1999, consistent with trusts and conservation groups. Language The Secretaries of Agriculture and the In- the anticipated timetable for completion of authorizing acceptance of donations is in- terior should submit requests for the use of the Headwaters Forest Agreement. This cluded to facilitate such cost-sharing. It is the remaining land acquisition and mainte- leaves some latitude for unforeseen delays anticipated that the State of California will nance funds to the Committees for approval while providing a date certain for the trans- assume its proportional share of land man- following reprogramming procedures. The actions authorized. This subsection also agement costs, but substantial funds should managers encourage the Secretaries to em- makes the authorization contingent on the come from charitable foundations and groups phasize the critical maintenance backlogs following conditions: 1) the State of Califor- that have favored acquisition of the Head- that they have identified on the public lands, nia must provide its share of the cost, 2) the waters Forest. The Administration has con- which total more than $2 billion for the For- State must approve the Pacific Lumber sistently maintained that Federal funding est Service and approximately $7 billion for Company’s sustained-yield plan, 3) the Pa- needed for management of the Headwaters the land management agencies in the De- cific Lumber Company must withdraw two Forest will be minimal and that the State of partment of the Interior. Requests for addi- lawsuits, 4) an incidental take permit is is- California will participate in funding out- tions to the public lands base should be eval- sued by the U.S. Fish and Wildlife Service year activities associated with the acquired uated carefully, and priority should be given and the National Marine Fisheries Service, 5) land. No detailed dollar figures were pro- to those acquisitions which complete a unit, there must be an appraisal, 6) to the extent vided by the Administration for activities re- consolidate lands for more efficient manage- the purchase price is different than the ap- lated to management of the forest. The au- ment, or address critical resource needs. praised value, the difference must be ex- thorized level of funding for the Federal por- The funds provided for a payment to Hum- plained in writing to the Committee on Re- tion of the Headquarters Forest has been set boldt County and the funds provided by re- sources of the House of Representatives, the at $300,000, with an exception for law enforce- pair and maintenance of the Beartooth High- Senate Committee on Energy and Natural ment and emergencies. During the 180 day way are included because of the unusual cir- Resources and the House and Senate Com- review period, the Administration should cumstances associated with the Federal ac- mittees on Appropriations, 7) there must be submit its financial plan for the Headwaters quisition of the Headwaters Forest and the a completed environmental impact state- Forest to the authorizing and appropriations Crown Butte mining interests. The managers ment on the habitat conservation plan and committees so that the committees can do not intend Land and Water Conservation full compliance with the National Environ- evaluate whether the authorized level of Fund moneys to be used for these purposes in mental Policy Act, and 8) there must be ade- funding is appropriate. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9033 Subsection (h) provides to the Secretary of States of Montana and Wyoming on a long make technical corrections to the Forest Re- the Interior, with concurrence of the Gov- term solution for repair and maintenance of sources Conservation and Shortage Relief ernor of California, authority to manage the the Beartooth Highway, including the poten- Act of 1990 (FRCSRA) which provide for cor- Headwaters Forest in a trust. Because the tial use of Federal highway funding. The rect format, and changes Section 605(3)(3)(B) property will be acquired jointly by the managers intend that the $12,000,000 provided of the Act to require the use of regulations State of California and the United States, a in this conference agreement be used on an in effect prior to September 8, 1995, during trust arrangement allowing for management interim basis, pending a long term resolu- the interim period in which the Forest Serv- by both parties through a board of trustees tion. The managers do not object to the De- ice prepares new regulations to implement may be a useful way to structure the rela- partment of Agriculture entering into coop- the Act. An additional technical correction tionship. This matter can be considered fur- erative arrangements with the Department is made to Section 602(A)(3) to clarify which ther during the 180 day review period and of the Interior, or with other entities, to paragraph is referred to by the language. The regularly thereafter. make the most effective use of the funds pro- House had no similar provision. Subsection (i) requires a concise manage- vided for repair and maintenance of the The managers have included language in ment plan for the Headwaters Forest by the Beartooth Highway. Title VI which amends the Act by: (1) mak- Secretary of the Interior or the Headwaters The managers expect the Administration ing the Washington State log export ban a Trust once the Forest is acquired. The goals to provide, to the Committees and to the leg- complete and permanent ban on log exports of the management plan, as stated by the islative committees of jurisdiction, a letter from the State’s public lands; (2) making it Administration, should be to conserve and with appropriate documentation verifying clear that FRCSRA does not restrict the do- study the land, and the fish, wildlife and for- that Crown Butte Mines, Inc. has obtained mestic movement and processing of private ests occurring on such land, while providing agreement from private property owners timber, except in the State of Idaho; (3) pro- recreation opportunities, scientific study, whose interests are necessary to fulfill the tecting the ability of private tree farmers in and other management needs. Bill language Agreement. This letter must be provided no Washington State to freely market their pri- is included to make clear that the National later than 30 days prior to the United States vate timber; (4) making some timber proc- Environmental Policy Act (NEPA) applies to payment to Crown Butte Mines, Inc. essing facilities located in western Washing- development and implementation of the Section 503 provides for the transfer of $10 ton State more competitive for timber har- management plan, notwithstanding the op- million in Federal mineral assets to the vested from private and Federal lands; (5) tion to perform some of these functions State of Montana at such time as the Crown providing the Secretaries concerned with through a trust. The Administration has Butte/New World Mine acquisition is con- discretion to impose reasonable timber mak- stated the NEPA analyses are being devel- summated. The negotiated acquisition of the ing, branding, and reporting requirements oped for the proposed Headwaters Forest New World Mine preempted the usual NEPA and to waive such requirements when appro- Habitat Conservation Plan. The managers and State permitting processes, which would priate; and (6) clarifying other enforcement believe that the New World Mine acquisition have provided a forum in which the signifi- and due process provisions in FRCSRA. also must comply with NEPA requirements. cant impact of the acquisition on State reve- The managers note that on September 8, The managers expect the relevant documents nues could have been considered. 1995, the U.S. Department of Agriculture is- The managers expect the Secretary of the sued and made effective immediately the to be completed prior to consummation of Interior, in consultation with the Governor final rule to implement FRCSRA. Because of each of these land acquisitions. of Montana, to study potential mineral re- Subsection (j) provides the Secretary of the unintended consequences and adverse im- source development in Montana. This study the Interior with the flexibility to develop pact this rule would have on the western for- should facilitate discussions between the cooperative arrangements with the State of est products industry, particularly in Wash- State of Montana and the Federal govern- California for land management, allowing ington State—where Federal timber harvests ment regarding future coal and other min- sharing of goods, services, and personnel have fallen from 1.5 billion board feet prior eral development in Montana. The study when it is mutually beneficial and in the to enactment of FRCSRA to less than 100 should identify coal and other mineral assets million board feet in 1996, the final rule was best interest of the United States. Consistent with the final rule designating that may be appropriate for transfer to the suspended, resulting in the maintenance of critical habitat for the marbled murrelet, State of Montana. The study also should re- the Washington State log export ban at the managers understand that when the view opportunities for developing super com- 100%. Title VI clarifies and preserves the op- HCPs are completed and incidental take per- pliance coal which meets the standards of timization of domestic processing of timber mits for marbled murrelets issued, critical Phase II of the Clean Air Act; focus, in par- in western states and avoids the imposition habitat will be lifted from the private land- ticular, on development opportunities in the of restrictions on the domestic transpor- owners whose land is covered by the inciden- Ashland, Birney, Decker area of Montana; tation and processing of timber harvested on western private property. The managers pro- tal take permit. and examine the issue and impact of the Crown Butte Properties. Section 502 author- checker board ownership pattern in Montana vide the following explanation of each sec- izes the acquisition of land and interests in on coal development. The managers note tion: land that were to be used for development of that no new Federal coal reserves, other Section 2(a). Use of Unprocessed Timber—Limi- a mine in Montana, north of Yellowstone Na- than reserves near existing mines, have been tation on Substitution of Unprocessed Fed- tional Park. The acquisition is to be made made available in Montana since 1969. eral Timber for Unprocessed Timber from subject to the following conditions: 1) a con- Section 504 provides a 180 day period dur- Private Land sent decree has been lodged in the litigation ing which neither the Headwaters Forest Section 490(a)(3) provides that the substi- regarding the cleanup of historical contami- land acquisition nor the Crown Butte land tution prohibitions do not limit the acquisi- nation in the New World Mining District; 2) acquisition may occur unless separate au- tion of timber originating on Federal land an appraisal of the Crown Butte mining in- thorizing legislation is enacted. Within 120 west of the 119th meridian in Washington days of enactment, the Secretaries of Agri- terests has been completed and, to the ex- State by a buyer-broker (i.e., a company culture and the Interior must individually tent the purchase price is different than the that only exports timber originating from report to the Committee on Resources of the appraised value, the difference must be ex- private lands owned by a third party, and House of Representatives and the Senate plained in writing to the Committee on Re- over which the company has no long term Committee on Energy and Natural Resources sources of the House of Representatives, the exclusive harvest rights). A buyer-broker on the status of their efforts to meet the Senate Committee on Energy and Natural may acquire timber originating on Federal conditions set forth in this title involving Resources and the House and Senate Com- land west of the 119th meridian in Washing- the acquisition of interests to protect and mittees on Appropriations, and 3) the re- ton State either directly from a Federal preserve the Headwaters Forest and to pro- quirements of the National Environmental agency or indirectly from a third party. A tect and preserve Yellowstone National Policy Act have been fulfilled. buyer-broker does not need a sourcing area The managers have also incorporated a Park. For each day beyond 120 days after en- in order to acquire timber harvested from provision from the August 12, 1996 Agree- actment of this Act that the appraisals re- Federal land west of the 119th meridian in ment so that Crown Butte will place quired in subsections 501(b)(5) and 502(b)(2) Washington State. The 119th meridian in $22,500,000 in an account to perform cleanup are not provided to the Committee on Re- Washington State is a limitation only on the activities. sources of the House of Representatives, the area from which a buyer-broker may acquire This section also authorizes a one-time ap- Senate Committee on Energy and Natural timer harvested from Federal land. There is propriation of $10,000,000 to make critical re- Resources and the House and Senate Com- no geographic limitation on the area from pairs to the Beartooth Highway, which mittees on Appropriations, the 180 day pe- which a buyer-broker may acquire private serves Yellowstone National Park, and a riod is extended by one day. timber, whether for purposes of domestic one-time appropriation of $2,000,000 for snow Section 505 makes a technical correction processing or export. Moreover, a buyer- removal and maintenance of the road by the to the Land and Water Conservation Fund broker may domestically process any private Department of Agriculture. These funds will statute to move a provision from title II to timber. become available within 30 days of the acqui- title I. The sourcing area provisions in Section sition of the Crown Butte properties. TITLE VI—FOREST RESOURCES 490(c) of FRCSRA enable persons to freely The managers expect the Secretary of Ag- CONSERVATION AND SHORTAGE RELIEF market timber harvested from private lands riculture to work with other Federal offi- Amendment No. 164: Modifies language in some areas and domestically process tim- cials and with the appropriate officials in the provided by the Senate under Title VI to ber harvested from Federal lands in other H9034 CONGRESSIONAL RECORD — HOUSE October 22, 1997 areas. Section 490(c) of FRCSRA is modified million board feet. That requirement is re- TITLE VII—MICCOSUKEE SETTLEMENT to differentiate between sourcing areas for placed with a permanent ban on the export Amendment No. 165: Makes technical cor- processing facilities located within Washing- of all logs harvested from lands owned by the rections to language proposed by the Senate ton State and sourcing areas for processing State of Washington. dealing with the transfer of lands for the facilities located outside of the State. Section 3. Monitoring and enforcement Miccosukee Tribe of Florida. The House had Section 490(c)(3)(d) provides holders of Section 492(c)(2)(C) has been added to clar- no similar provision. sourcing areas for facilities located outside ify that the Secretary concerned must con- of Washington State with the option of ex- sider the seriousness of the offense in deter- CONFERENCE TOTAL—WITH COMPARISONS cluding any or all Washington lands from mining whether to impose a penalty for a The total new budget (obligational) au- their sourcing areas. This provision makes particular violation of FRCSRA or its regu- thority for the fiscal year 1998 recommended Washington timberlands irrelevant to lations. Where the Secretary determines by the Committee of Conference, with com- sourcing area determinations for processing there has been a minor infraction of parisons to the fiscal year 1997 amount, the facilities located outside of Washington. The FRCSRA or its regulations, the Secretary 1998 budget estimates, and the House and language provides that the Secretary may should delegate the matter to the contract- Senate bills for 1998 follow: not condition approval of a sourcing area for ing officer who need not impose a penalty. a processing facility located outside of Wash- Section 492(d)(1) has been modified to en- New budget (obligational) ington on the inclusion or exclusion of any sure that a person receives due process prior authority, fiscal year Washington lands. The decision to include or to the imposition of debarment for a viola- 1997 ...... $13,514,435,000 exclude Washington lands in such a sourcing tion of FRCSRA or its regulations. Budget estimates of new area is at the discretion of the sourcing area Section 4. Definitions (obligational) authority, applicant or holder. fiscal year 1998 ...... 13,799,946,000 Except for Idaho. FRCSRA’s sourcing area Section 493(3) defines ‘‘minor infraction’’ House bill, fiscal year 1998 12,952,829,000 provisions in section 490(c)(3) are modified to to provide flexibility for inadvertent and make it clear that FRCSRA does not restrict minor non-compliance of the provisions in Senate bill, fiscal year 1998 13,756,350,000 the domestic transporting or domestic proc- FRCSRA and its regulations. Conference agreement, fis- Section 493(4) defines ‘‘northwestern pri- essing of timber harvested on private prop- cal year 1998 ...... 13,789,438,000 vate timber open market area’’ as the State erty. Sourcing area boundaries for process- Conference agreement of Washington. That phrase is used through- ing facilities in States other than Idaho and compared with: out this title where new provisions are added Washington are to be determined on private to protect investments in processing facili- New budget timber export and Federal timber sourcing ties and private timberlands located in (obligational) author- patterns. Sourcing area boundaries for proc- Washington State. ity, fiscal year 1997 ...... +275,003,000 essing facilities located in Idaho are to be Section 493(9)(B)(ix) defines ‘‘unprocessed Budget estimates of new determined by Federal and private timber timber’’ to allow exporters of private logs to (obligational) author- sourcing patterns, which could lead to re- acquire and domestically process incidental ity, fiscal year 1998 ...... ¥10,508,000 strictions on the domestic processing of volumes of grade 3 and grade 4 saw logs from House bill, fiscal year 1998 +836,609,000 some private timber at processing facilities Federal lands into chips. This provision also with sourcing areas in Idaho. Senate bill, fiscal year allows exporters of private logs to domesti- 1998 ...... +33,088,000 Section 490(c)(6) provides for the establish- cally process small volumes of such logs into ment of sourcing areas in the State of Wash- other products. RALPH REGULA, ington. The boundaries of such a sourcing Section 493(11) defines ‘‘violation’’ to make JOSEPH M. MCDADE, area will be a circle, the radius of which will it clearer that a person should not be penal- JIM KOLBE, be the furthest distance the sourcing area ized $50,000 or more per log handled in viola- JOE SKEEN, applicant or holder proposes to haul timber tion of FRCSRA or its regulations, but rath- CHARLES H. TAYLOR, harvested from Federal land to its processing er that ‘‘violation’’ refers to transgressions GEORGE R. NETHERCUTT, facility. Sourcing area boundaries for proc- under a contract or purchase order. JR., essing facilities located in Washington State Section 5. Regulations and review DAN MILLER, are solely determined by the sourcing area ZACH WAMP, applicant or holder. Section 495 has been expanded to specify that reasonable painting and branding and BOB LIVINGSTON, Section 490(c)(7) provides that a sourcing SIDNEY R. YATES, area is relinquished when the sourcing area reporting requirements should be imposed only where the benefits outweigh the bur- JOHN P. MURTHA, holder provides written notice to the appro- NORM DICKS, priate regional forester of the U.S. Forest dens of complying with such requirements. Because of the minimal risk of small logs DAVID E. SKAGGS, Service, and that timber harvested from pri- JAMES P. MORAN, vate land in a sourcing area is exportable being exported and the substantial burdens of complying with painting and branding re- DAVID OBEY, after that sourcing area is relinquished and Managers on the Part of the House. timber from Federal land in that sourcing quirements, this provision prevents requir- area is no longer in the sourcing area hold- ing painting or branding on the face of any SLADE GORTON, er’s possession. Whether a sourcing area log that is less than seven inches in diame- TED STEVENS, holder’s Federal timber contract is still open ter. Likewise, this provision restricts the im- THAD COCHRAN, is irrelevant to whether private timber from position of painting and branding require- PETE V. DOMENICI, a relinquished sourcing area is exportable. ments on timber harvested from private land CONRAD BURNS, This provision also makes it clear that relin- where the transfer of such timber is to a per- ROBERT F. BENNETT, quishing a sourcing area does not affect the son who is eligible to purchase timber from JUDD GREGG, exportability to timber harvested from pri- Federal land or if both parties certify that BEN NIGHTHORSE vate land located outside of the sourcing the logs will be processed at the delivery CAMPBELL, area. site. ROBERT BYRD, A new subsection is added to FRCSRA at The Secretary is also authorized to waive PATRICK LEAHY, 490(d) to make it clear that nothing in this painting and branding requirements if it is DALE BUMPERS, section restricts or authorizes restrictions determined that the risk of export or substi- ERNEST HOLLINGS, on the domestic transportation or processing tution is low in the region. The Secretary HARRY REID, of timber harvested from private lands, with may also waive painting and branding re- BYRON DORGAN, one exception. Because sourcing areas for quirements for unprocessed timber originat- BARBARA BOXER, processing facilities located in Idaho will be ing from private lands within an approved Managers on the Part of the Senate. determined by both Federal and private tim- sourcing areas. The Secretary may also waive painting and ber movements, the Secretary may develop f branding requirements for timber harvested rules that prohibit an Idaho sourcing area from Federal land if there has been no ex- holder from processing private timber that porting in the area for an extended period, LEAVE OF ABSENCE originates outside of its sourcing area. There and a person certifies that any unprocessed are no restrictions on the domestic move- timber to which the waiver applies that goes By unanimous consent, leave of ab- ment or processing of private timber for outside of that area will be branded. sence was granted to: processing facilities located in States other Title VI provides for the issuance of new than Idaho. Mr. STRICKLAND (at the request of FRCSRA regulations no later than June 1, Mr. GEPHARDT), for today, on account Section 2(b). Restriction on exports of unproc- 1998, and provides further that the regula- of a death in the family. essed timber from State and public land tions under this title that are currently in Section 491(b)(2) is amended by striking effect (the regulations that were in effort Mr. CHAMBLISS (at the request of Mr. the requirement that the Secretary reduce prior to September 8, 1995) shall remain in ef- ARMEY), for today, on account of medi- the Washington State log export ban to 400 fect until new regulations are issued. cal reasons. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9035

SPECIAL ORDERS GRANTED marks and include extraneous mate- Mr. GILMAN. By unanimous consent, permission to rial:) Mr. WELLER. address the House, following the legis- Mr. BENTSEN, for 5 minutes, today. (The following Members (at the re- lative program and any special orders (The following Members (at their own quest of Mr. THUNE) and to include ex- heretofore entered, was granted to: request) to revise and extend their re- traneous matter:) (The following Members (at the re- marks and include extraneous mate- Mr. RANGEL. quest of Ms. JACKSON-LEE of Texas) to rial:) Mr. MCINNIS revise and extend their remarks and in- Ms. JACKSON-LEE of Texas, for 5 min- Ms. NORTON. clude extraneous material:) utes, today. Mr. PAYNE. Mr. SCOTT, for 5 minutes, today. Mr. BROWN of Ohio, for 5 minutes, Mr. HASTINGS of Florida. Mr. FORD, for 5 minutes, today. today. Mr. ENGEL. Ms. NORTON, for 5 minutes, today. f Mr. POSHARD. Mr. BARRETT of Wisconsin, for 5 min- Mr. OBERSTAR. EXTENSION OF REMARKS utes, today. Mr. HORN. Mrs. CLAYTON, for 5 minutes, today. By unanimous consent, permission to Mr. BONIOR. Ms. BROWN of Florida, for 5 minutes, revise and extend remarks was granted Mr. HOBSON. today. to: Mr. BOB SCHAFFER of Colorado. Ms. SANCHEZ, for 5 minutes, today. (The following Members (at the re- Mr. KIND. Ms. DELAURO, for 5 minutes, today. quest of Ms. JACKSON-LEE of Texas) and Mr. STUPAK. Mr. CLEMENT, for 5 minutes, today. to include extraneous matter:) Mr. PRICE of North Carolina, for 5 Ms. SANCHEZ. f minutes, today. Mr. SERRANO. Mr. LEWIS of Georgia, for 5 minutes, Mr. HAMILTON. JOINT RESOLUTION PRESENTED today. Mr. STOKES. Mr. MCGOVERN, for 5 minutes, today. TO THE PRESIDENT Mr. NEAL of Massachusetts. Mrs. MALONEY of New York, for 5 Mr. KANJORSKI. Mr. THOMAS, from the Committee minutes, today. Mr. BERMAN. on House Oversight, reported that that (The following Members (at the re- Mr. STARK. committee did on this day present to quest of Mr. KOLBE) to revise and ex- Mr. RANGEL. the President, for his approval, a joint tend their remarks and include extra- Mr. SHERMAN. resolution of the House of the following neous material:) Mr. WAXMAN. title: Mrs. LINDA SMITH of Washington, for Mr. FILNER. H.J. Res. 75. Joint resolution to confer sta- 5 minutes each day, today and on Octo- Mr. LANTOS. tus as an honorary veteran of the United ber 23 and 24. Mr. MANTON. States Armed Forces on Leslie Townes (Bob) Mr. KOLBE, for 5 minutes, today. Hope. Mr. SKELTON. Mr. FOLEY, for 5 minutes each day, Mr. HOYER. today and on October 23. f Mr. METCALF, for 5 minutes, today. Mr. DELLUMS. Mr. MILLER of California. Mrs. ROUKEMA, for 5 minutes, today. ADJOURNMENT (The following Members (at the re- Mr. BENTSEN. quest of Mr. MCGOVERN) to revise and (The following Members (at the re- Mr. THUNE. Mr. Speaker, I move extend their remarks and include ex- quest of Mr. KOLBE) and to include ex- that the House do now adjourn. traneous material:) traneous matter:) The motion was agreed to; accord- Mr. FROST, for 5 minutes, today. Mr. PORTMAN. ingly (at 8 o’clock and 18 minutes Mr. DINGELL, for 5 minutes, today. Mr. WELDON of Pennsylvania. p.m.), the House adjourned until to- (The following Member (at his own Mr. PAPPAS. morrow, Thursday, October 23, 1997, at request) to revise and extend his re- Mr. COBLE. 10 a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Report and amended report concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the 1st and 2d quarter of 1997, by various Committees, House of Representatives, pursuant to Public Law 95–384, are as follows:

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Delegation expenses ...... 2/16 2/24 France ...... 560.00 ...... 560.00 Germany ...... Russia ...... Committee total ...... 560.00 ...... 560.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. F. JAMES SENSENBRENNER, Chairman, Oct. 7, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Sonny Callahan ...... 3/31 4/2 Guatemala ...... 378.00 ...... (3) ...... 378.00 4/2 4/2 Panama ...... 4/2 4/6 Jamaica ...... 972.24 ...... 972.24 4/4 4/4 Haiti ...... Hon. Sonny Callahan ...... 5/8 5/10 Nicaragua ...... 468.50 ...... (3) ...... 468.50 Hon. Rodney Frelinghuysen ...... 3/31 4/2 Guatemala ...... 378.00 ...... (3) ...... 378.00 4/2 4/2 Panama ...... H9036 CONGRESSIONAL RECORD — HOUSE October 22, 1997 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 1997— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

4/2 4/6 Jamaica ...... 972.24 ...... 972.24 4/4 4/4 Haiti ...... Hon. David Hobson ...... 5/23 5/25 Belgium ...... 506.00 ...... 506.00 5/25 5/28 Latvia ...... 366.00 ...... 366.00 5/28 5/30 Luxembourg ...... 444.00 ...... 444.00 Commercial air ...... 6,742.25 ...... 6,742.25 Hon. Joseph Knollenberg ...... 3/31 4/2 Guatemala ...... 378.00 ...... (3) ...... 378.00 4/2 4/2 Panama ...... 4/2 4/6 Jamaica ...... 972.24 ...... 972.24 4/4 4/4 Haiti ...... William Inglee ...... 3/31 4/2 Guatemala ...... 378.00 ...... (3) ...... 378.00 4/2 4/2 Panama ...... 4/2 4/6 Jamaica ...... 972.24 ...... 972.24 4/4 4/4 Haiti ...... 5/8 5/10 Nicaragua ...... 468.50 ...... (3) ...... 468.50 Mark Murray ...... 3/31 4/2 Guatemala ...... 378.00 ...... (3) ...... 378.00 4/2 4/2 Panama ...... 4/2 4/6 Jamaica ...... 972.24 ...... 972.24 4/4 4/4 Haiti ...... Juliet Pacquing ...... 3/30 4/2 Korea ...... 915.00 ...... 915.00 4/2 4/5 Japan ...... 900.00 ...... 900.00 Commercial air ...... 4,468.95 ...... 4,468.95 Timothy Peterson ...... 6/13 6/17 France ...... 1,168.00 ...... 50.00 ...... 1,218.00 Commercial air ...... 3,549.05 ...... 3,549.05 John Plashal ...... 5/23 5/25 Belgium ...... 506.00 ...... 506.00 5/25 5/28 Latvia ...... 366.00 ...... 366.00 5/28 5/30 Luxembourg ...... 444.00 ...... 444.00 Commercial air ...... 4,247.25 ...... 4,247.25 6/14 6/16 France ...... 873.00 ...... (3) ...... 873.00 6/16 6/16 Belgium ...... John Shank ...... 3/31 4/2 Guatemala ...... 378.00 ...... (3) ...... 378.00 4/2 4/2 Panama ...... 4/2 4/6 Jamaica ...... 972.24 ...... 972.24 4/4 4/4 Haiti ...... Total ...... 15,526.44 ...... 19,007.50 ...... 50.00 ...... 34,583.94

Surveys and Investigations staff: Frederick A. Brugger ...... 6/22 6/25 Colombia ...... 493.00 ...... 2,651.95 ...... 60.00 ...... 3,204.95 6/25 6/28 Peru ...... 585.75 ...... 585.75 Robert W. Catlin, Jr., ...... 6/24 6/25 Barbados ...... 470.25 ...... 2,338.96 ...... 31.90 ...... 2,841.11 6/26 6/28 Panama ...... 258.00 ...... 258.00 John J. Clynick ...... 6/21 6/25 Uruguay ...... 677.00 ...... 3,739.95 ...... 42.40 ...... 4,459.35 6/25 6/27 Argentina ...... 448.00 ...... 448.00 6/27 7/2 Chile ...... 1,085.00 ...... 1,085.00 Norman H. Gardner ...... 5/3 5/7 Israel ...... 1,045.00 ...... 4,901.85 ...... 6.00 ...... 5,952.85 5/7 5/10 Egypt ...... 459.25 ...... 459.25 6/21 6/25 Uruguay ...... 677.00 ...... 3,739.95 ...... 81.00 ...... 4,497.95 6/25 6/27 Argentina ...... 448.00 ...... 448.00 6/27 7/2 Chile ...... 1,085.00 ...... 1,085.00 James A. Higham ...... 6/24 6/26 Barbados ...... 470.25 ...... 2,338.96 ...... 68.00 ...... 2,877.21 6/26 6/28 Panama ...... 258.00 ...... 258.00 Susan G. Joseph ...... 6/22 6/25 Colombia ...... 493.00 ...... 2.651/95 ...... 62.50 ...... 3.207.45 6/25 6/28 Peru ...... 585.75 ...... 585.75 Robert J. Reitwiesner ...... 5/3 5/7 Israel ...... 1,405.00 ...... 4,901.98 ...... 87.00 ...... 6,033.98 5/7 5/10 Egypt ...... 459.25 ...... 459.25 6/24 6/26 Barbados ...... 470.25 ...... 2,338.06 ...... 112.00 ...... 2,920.31 6/26 6/28 Panama ...... 258.00 ...... 258.00 R.W. Vandergrift, Jr...... 5/3 5/7 Israel ...... 1,045.00 ...... 4,901.98 ...... 579.00 ...... 6,525.98 5/7 5/10 Egypt ...... 459.25 ...... 459.25 6/21 6/25 Uruguay ...... 677.00 ...... 3,739.95 ...... 402.74 ...... 4,819.69 6/25 6/27 Argentina ...... 448.00 ...... 448.00 6/27 6/30 Chile ...... 651.00 ...... 651.00 Frank J. Waldburger ...... 6/21 6/25 Uruguay ...... 677.00 ...... 3,739.95 ...... 38.00 ...... 4,454.95 6/25 6/27 Argentina ...... 448.00 ...... 448.00 6/27 7/2 Chile ...... 1,085.00 ...... 1,085.00 Peter T. Wyman ...... 5/3 5/7 Israel ...... 1,045.00 ...... 4,901.85 ...... 36.01 ...... 5,982.86 5/7 5/10 Egypt ...... 459.25 ...... 459.25 6/22 6/25 Colombia ...... 493.00 ...... 2,651.95 ...... 112.90 ...... 3,257.85 6/25 6/28 Peru ...... 585.75 ...... 585.75 Committee total ...... 19,844.00 ...... 49,539.29 ...... 1,719.45 ...... 71,102.74 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BOB LIVINGSTON, Chairman, Oct. 1, 1997.

EXECUTIVE COMMUNICATIONS, Removal of Quarantined Areas [Docket No. U.S.C. 801(a)(1)(A); to the Committee on Ag- ETC. 97–056–7] received October 22, 1997, pursuant riculture. to 5 U.S.C. 801(a)(1)(A); to the Committee on 5540. A letter from the Administrator, Under clause 2 of rule XXIV, execu- Agriculture. Farm Service Agency, transmitting the tive communications were taken from 5538. A letter from the Director, Office of Agency’s final rule—Amendment to the Pro- Regulatory Management and Information, the Speaker’s table and referred as fol- duction Flexibility Contract Regulations Environmental Protection Agency, transmit- lows: (RIN: 0560–AF25) received October 21, 1997, ting the Agency’s final rule—Cyromazine; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5536. A letter from the Congressional Re- Pesticide Tolerances for Emergency Exemp- mittee on Agriculture. view Coordinator, Animal and Plant Health tions [OPP–300563; FRL–5748–9] (RIN: 2070– Inspection Service, transmitting the Serv- AB78) received October 22, 1997, pursuant to 5 5541. A letter from the Manager, Federal ice’s final rule—Mediterranean Fruit Fly; U.S.C. 801(a)(1)(A); to the Committee on Ag- Crop Insurance Corporation, Risk Manage- Addition to Quarantined Areas [Docket No. riculture. ment Agency, transmitting the Agency’s 97–102–1] received October 22, 1997, pursuant 5539. A letter from the Director, Office of final rule—General Crop Insurance Regula- to 5 U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, tions, Canning and Processing Tomato En- Agriculture. Environmental Protection Agency, transmit- dorsement; and Common Crop Insurance 5537. A letter from the Congressional Re- ting the Agency’s final rule—Pyrithiobac So- Regulations, Processing Tomato Provisions view Coordinator, Animal and Plant Health dium Salt; Time-Limited Pesticide Toler- [7 CFR Parts 401 and 457] received October 22, Inspection Service, transmitting the Serv- ance [OPP–300548; FRL–5742–5] (RIN: 2070– 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the ice’s final rule—Mediterranean Fruit Fly; AB78) received October 22, 1997, pursuant to 5 Committee on Agriculture. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9037 5542. A letter from the Director, Washing- 5552. A letter from the Director, Office of 5562. A letter from the Director, Defense ton Headquarters Services, Department of Regulatory Management and Information, Security Assistance Agency, transmitting Defense, transmitting the Department’s final Environmental Protection Agency, transmit- notification concerning the Department of rule—OCHAMPUS; State Victims of Crime ting the Agency’s final rule—Approval and the Navy’s Proposed Letter(s) of Offer and Compensation Programs; Voice Prostheses Promulgation of Implementation Plans; New Acceptance (LOA) to Korea for defense arti- [DoD 6010.8–R] (RIN: 0720–AA42) received Oc- York; Motor Vehicle Inspection and Mainte- cles and services (Transmittal No. 98–02), tober 20, 1997, pursuant to 5 U.S.C. nance Program [Region II Docket No. NY22– pursuant to 22 U.S.C. 2776(b); to the Commit- 801(a)(1)(A); to the Committee on National 1–163, FRL–5913–7] received October 22, 1997, tee on International Relations. Security. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5563. A letter from the Assistant Secretary 5543. A letter from the Managing Director, mittee on Commerce. for Legislative Affairs, Department of State, Federal Housing Finance Board, transmit- 5553. A letter from the Director, Office of transmitting the semi-annual report for the ting the Board’s final rule—Restrictions on Regulatory Management and Information, period October 1, 1996 to March 31, 1997 list- Advances to Non-Qualified Thrift Lenders Environmental Protection Agency, transmit- ing Voluntary Contributions made by the [No. 97–62] (RIN: 3069–AA60) received October ting the Agency’s final rule—Approval and United States Government to International 22, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Promulgation of Implementation Plans; New Organizations, pursuant to 22 U.S.C. the Committee on Banking and Financial Hampshire [NH–7157a–FRL–5906–8] received 2226(b)(1); to the Committee on International Services. October 22, 1997, pursuant to 5 U.S.C. Relations. 5544. A letter from the Chairman, National 801(a)(1)(A); to the Committee on Commerce. 5564. A communication from the President Credit Union Administration, transmitting a 5554. A letter from the AMD—Performance of the United States, transmitting a report report on flood insurance compliance by in- Evaluation and Records Management, Fed- on developments concerning the national sured credit unions, pursuant to section eral Communications Commission, transmit- emergency with respect to significant nar- 529(e)(2) of the Riegle Community Develop- ting the Commission’s final rule—Implemen- cotics traffickers centered in Colombia that ment and Regulatory Improvement Act of tation of the Pay Telephone Reclassification was declared in Executive Order No. 12978 of 1994; to the Committee on Banking and Fi- and Compensation Provisions of the Tele- October 21, 1995, pursuant to 50 U.S.C. 1703(c); nancial Services. communications Act of 1996 [CC Docket No. (H. Doc. No. 105–159); to the Committee on 5545. A letter from the Legislative and Reg- 96–128] received October 22, 1997, pursuant to International Relations and ordered to be ulatory Activities Division, Office of the 5 U.S.C. 801(a)(1)(A); to the Committee on printed. Comptroller of the Currency, transmitting Commerce. 5565. A letter from the Director, Bureau of the Office’s final rule—Risk-Based Capital 5555. A letter from the AMD—Performance the Census, transmitting the Bureau’s final Requirements; Transfers of Small Business Evaluation and Records Management, Fed- rule—Census Tract Program for Census Loan Obligations with Recourse [Docket No. eral Communications Commission, transmit- 2000—Final Criteria [Docket No. 961213356– 97–17] (RIN: 1557–AB14) received October 21, ting the Commission’s final rule—Access 7236–02] received October 21, 1997, pursuant to 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Charge Reform; Price Cap Performance Re- 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Banking and Financial Serv- view for Local Exchange Carriers; Transport Government Reform and Oversight. ices. Rate Structure [CC Docket No. 96–262; CC 5566. A letter from the Executive Director, 5546. A letter from the Director, Office of Docket No. 94–1; CC Docket No. 91–213] re- Committee for Purchase from People Who Budget and Management, transmitting ceived October 22, 1997, pursuant to 5 U.S.C. Are Blind or Severely Disabled, transmitting OMB’s estimate of the amount of change in 801(a)(1)(A); to the Committee on Commerce. the Committee’s final rule—Additions to and outlays or receipts, as the case may be, in 5556. A letter from the AMD—Performance Deletions from the Procurement List [97–018] each fiscal year through fiscal year 2002 re- Evaluation and Records Management, Fed- received October 20, 1997, pursuant to 5 sulting from passage of H.R. 111, H.R. 680, eral Communications Commission, transmit- U.S.C. 801(a)(1)(A); to the Committee on Gov- H.R. 2248, S. 996 and S. 1198, pursuant to Pub- ting the Commission’s final rule—Adminis- ernment Reform and Oversight. lic Law 101–508, section 13101(a) (104 Stat. tration of the North American Numbering 5567. A letter from the Acting Director, Of- 1388–582); to the Committee on the Budget. Plan; Toll Free Service Access Codes [CC fice of Sustainable Fisheries, National Oce- 5547. A letter from the Director, Office of Docket No. 92–237; CC Docket No. 95–155] re- anic and Atmospheric Administration, trans- Budget and Management, transmitting ceived October 22, 1997, pursuant to 5 U.S.C. mitting the Administration’s final rule— OMB’s estimate of the amount of change in 801(a)(1)(A); to the Committee on Commerce. Fisheries of the Exclusive Economic Zone outlays or receipts, as the case may be, in 5557. A letter from the AMD—Performance Off Alaska; Pacific Cod by Trawl Catcher each fiscal year through fiscal year 2002 re- Evaluation and Records Management, Fed- Vessels in the Bering Sea and Aleutian Is- sulting from passage of H.R. 2016, pursuant eral Communications Commission, transmit- lands [Docket No. 961107312–7021–02; I.D. to Public Law 101–508, section 13101(a) (104 ting the Commission’s final rule—Amend- 101497A] received October 20, 1997, pursuant Stat. 1388–582); to the Committee on the ment of the Commission’s Rules Regarding to 5 U.S.C. 801(a)(1)(A); to the Committee on Budget. Installment Payment Financing For Per- Resources. 5548. A letter from the Director, Office of sonal Communications Services (PCS) Li- 5568. A letter from the Director, Office of Rulemaking Coordination, Department of censees [WT Docket No. 97–82] received Octo- Sustainable Fisheries, National Oceanic and Energy, transmitting the Department’s final ber 22, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Atmospheric Administration, transmitting rule—Energy Conservation Program for to the Committee on Commerce. the Administration’s final rule—Fisheries of Consumer Products: Test Procedures for 5558. A letter from the Director, Regula- the Caribbean, Gulf of Mexico, and South At- Furnaces and Boilers [Docket No. EE-RM–93– tions Policy and Management Staff, Office of lantic; Reef Fish Fishery of the Gulf of Mex- 501] (RIN: 1904–AA45) received October 21, Policy, Food and Drug Administration, ico; Closure of the Commercial Red Snapper 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Administration’s final Component [Docket No. 970730185–7206–02; Committee on Commerce. rule—Revision of the Requirements for a Re- I.D. 093097A] received October 20, 1997, pursu- 5549. A letter from the Director, Office of sponsible Head for Biological Establishments ant to 5 U.S.C. 801(a)(1)(A); to the Committee Rulemaking Coordination, Department of [Docket No. 96N–0395] (RIN: 0910–AA93) re- on Resources. Energy, transmitting the Department’s final ceived October 22, 1997, pursuant to 5 U.S.C. 5569. A letter from the Director, Office of rule—Procedural Rules for DOE Nuclear 801(a)(1)(A); to the Committee on Commerce. Sustainable Fisheries, National Oceanic and Activites; General Statement of Enforce- 5559. A letter from the Director, Regula- Atmospheric Administration, transmitting ment Policy [10 CFR Part 820] received Octo- tions Policy and Management Staff, Office of the Administration’s final rule—Fisheries of ber 21, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Policy, Food and Drug Administration, the Exclusive Economic Zone Off Alaska; to the Committee on Commerce. transmitting the Administration’s final Pollock by Vessels Catching Pollock for 5550. A letter from the Director, Office of rule—Indirect Food Additives: Polymers Processing by the Inshore Component in the Regulatory Management and Information, [Docket No. 93F–0111] received October 17, Bering Sea Subarea of the Bering Sea and Environmental Protection Agency, transmit- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Aleutian Islands Management Area [Docket ting the Agency’s final rule—Approval and Committee on Commerce. No. 961107312–7021–02; I.D. 101697A] received Promulgation of Implementation Plans and 5560. A letter from the Director, Office of October 20, 1997, pursuant to 5 U.S.C. Approval Under Section 112(1); State of Iowa Congressional Affairs, Nuclear Regulatory 801(a)(1)(A); to the Committee on Resources. [IA 016–1016; FRL–5912–6] received October 22, Commission, transmitting the Commission’s 5570. A letter from the Director, Office of 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule—Notice to Employees; Minor Surface Mining Reclamation and Enforce- Committee on Commerce. Amendment (RIN: 3150–AF66) received Octo- ment, transmitting the Office’s final rule— 5551. A letter from the Director, Office of ber 22, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Illinois Regulatory Program [SPATS No. IL– Regulatory Management and Information, to the Committee on Commerce. 081–FOR] received October 20, 1997, pursuant Environmental Protection Agency, transmit- 5561. A letter from the Director, Defense to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Clean Air Act Security Assistance Agency, transmitting Resources. Promulgation of Extension of Attainment notification concerning the Department of 5571. A letter from the Deputy Assistant Date for Ozone Nonattainment Area; Ken- the Army’s Proposed Letter(s) of Offer and Administrator, Office of Diversion Control, tucky; Indiana [KY95–9722a; IN82a-1; FRL– Acceptance (LOA) to Israel for defense arti- Drug Enforcement Administration, trans- 5901–2] received October 22, 1997, pursuant to cles and services (Transmittal No. 98–03), mitting the Administration’s final rule— 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 22 U.S.C. 2776(b); to the Commit- Schedules of Controlled Substances Place- Commerce. tee on International Relations. ment of Butorphanol into Schedule IV [DEA– H9038 CONGRESSIONAL RECORD — HOUSE October 22, 1997

166F] received October 21, 1997, pursuant to 5 Resources Conservation Service of the De- HAYWORTH, Mr. UNDERWOOD, Mr. U.S.C. 801(a)(1)(A); to the Committee on the partment of Agriculture as a single agency MEEHAN, Mr. WAXMAN, Mr. Judiciary. under an Under Secretary of Agriculture for DELAHUNT, Mr. PASCRELL, Mr. LAN- 5572. A letter from the Chairman, National Foreign Agriculture and Agricultural Field TOS, and Mr. NADLER): Bankruptcy Review Commission, transmit- Services and to ensure the equitable treat- H.R. 2699. A bill to amend title 5, United ting a report entitled ‘‘Bankruptcy: The ment of socially disadvantaged farmers and States Code, to ensure that coverage of bone Next Twenty Years,’’ pursuant to Public Law ranchers and employees of the Department mass measurements is provided under the 103–394; to the Committee on the Judiciary. who are members of a socially disadvantaged health benefits program for Federal employ- 5573. A letter from the Director, Office of group; to the Committee on Agriculture. ees; to the Committee on Government Re- Regulations Management, Department of By Mrs. MALONEY of New York (for form and Oversight. Veterans Affairs, transmitting the Depart- herself, Mrs. MORELLA, Mr. By Ms. NORTON: ment’s final rule—Board of Veterans’ Ap- PASCRELL, Mr. COOK, Mrs. TAUSCHER, H.R. 2700. A bill to direct the Secretary of peals: Rules of Practice—Death of Appellant Mrs. KELLY, Mr. NEAL of Massachu- the Interior to convey certain lands to the During Pendency of Appeal (RIN: 2900–AI86) setts, Ms. DELAURO, Mr. NADLER, Mr. District of Columbia for use for single-family received October 21, 1997, pursuant to 5 LANTOS, Ms. SLAUGHTER, Ms. KIL- homes for low and moderate income individ- U.S.C. 801(a)(1)(A); to the Committee on Vet- PATRICK, Mr. FROST, Mr. SANDERS, uals and families; to the Committee on Re- erans’ Affairs. Mrs. THURMAN, Mr. FALEOMAVAEGA, sources. 5574. A letter from the Chief, Regulations Mr. GUTIERREZ, Mr. LIPINSKI, Mr. By Mr. RANGEL (for himself, Mr. Unit, Internal Revenue Service, transmitting MCGOVERN, Mr. EVANS, Ms. EDDIE STARK, Mr. CARDIN, Mr. LEWIS of the Service’s final rule—Examination of re- BERNICE JOHNSON of Texas, Mr. ACK- Georgia, and Mr. BECERRA): turns and claims for refund, credit or abate- ERMAN, Mr. GREEN, Mr. DELLUMS, Mr. H.R. 2701. A bill to amend title XVIII of the ment; determination of correct tax liability RUSH, Mr. FILNER, Mr. SHERMAN, Ms. Social Security Act to carve out from pay- [Rev. Proc. 97–50] received October 22, 1997, HOOLEY of Oregon, Mr. FAZIO of Cali- ments to MedicareChoice organizations pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- amounts attributable to disproportionate fornia, Mr. WYNN, Mr. BROWN of Cali- mittee on Ways and Means. share hospital payments and pay such fornia, Mr. CONDIT, Mr. CLEMENT, Mr. 5575. A letter from the Chief, Regulations amounts directly to those disproportionate KENNEDY of Rhode Island, Mr. KLECZ- Unit, Internal Revenue Service, transmitting share hospitals in which their enrollees re- KA, Mr. HINCHEY, Mr. FORD, Ms. the Service’s final rule—Rulings and deter- ceive care; to the Committee on Ways and mination letters [Rev. Proc. 97–49] received ESHOO, and Ms. WOOLSEY): H.R. 2693. A bill to amend the Public Means, and in addition to the Committee on October 22, 1997, pursuant to 5 U.S.C. Health Service Act and Employee Retire- Commerce, for a period to be subsequently 801(a)(1)(A); to the Committee on Ways and ment Income Security Act of 1974 to require determined by the Speaker, in each case for Means. consideration of such provisions as fall with- 5576. A letter from the Chief, Regulations that group and individual health insurance coverage and group health plans provide cov- in the jurisdiction of the committee con- Unit, Internal Revenue Service, transmitting cerned. the Service’s final rule—Determination of erage for qualified individuals for bone mass measurement (bone density testing) to pre- By Mr. SCHUMER: Issue Price in the Case of Certain Debt In- H.R. 2702. A bill to authorize the Secretary vent fractures associated with osteoporosis struments Issued for Property [Rev. Rul. 97– of the Treasury to ban the importation of and to help women make informed choices 44] received October 20, 1997, pursuant to 5 firearms that have been cosmetically altered about their reproductive and post-meno- U.S.C. 801(a)(1)(A); to the Committee on to avoid the ban on semiautomatic assault pausal health care; to the Committee on Ways and Means. weapons; to the Committee on the Judiciary. Commerce, and in addition to the Committee f By Mr. STARK: on Education and the Workforce, for a period H.R. 2703. A bill to amend part C of title REPORTS OF COMMITTEES ON to be subsequently determined by the Speak- XVIII of the Social Security Act to continue PUBLIC BILLS AND RESOLUTIONS er, in each case for consideration of such pro- after 2001 continuous open enrollment of in- visions as fall within the jurisdiction of the dividuals in MedicareChoice plans; to the Under clause 2 of rule XIII, reports of committee concerned. committees were delivered to the Clerk Committee on Ways and Means, and in addi- By Mr. GILMAN: tion to the Committee on Commerce, for a for printing and reference to the proper H.R. 2694. A bill to amend the Immigration period to be subsequently determined by the calendar, as follows: and Nationality Act to authorize the Attor- Speaker, in each case for consideration of Mrs. MYRICK: Committee on Rules. House ney General to continue to treat certain pe- such provisions as fall within the jurisdic- Resolution 274. Resolution providing for con- titions approved under section 204 of such tion of the committee concerned. sideration of the bill (H.R. 2646) to amend the Act as valid notwithstanding the death of By Ms. WOOLSEY (for herself, Mrs. the beneficiary; to the Committee on the Ju- Internal Revenue Code of 1986 to allow tax- MALONEY of New York, Mr. diciary. free expenditures from education individual PASCRELL, Mrs. MORELLA, and Ms. By Ms. SANCHEZ: retirement accounts for elementary and sec- EDDIE BERNICE JOHNSON of Texas): ondary school expenses, to increase the max- H.R. 2695. A bill to amend the Internal Rev- H.R. 2704. A bill to amend the Public imum annual amount of contributions to enue Code of 1986 to encourage new school Health Service Act to provide for an increase such accounts, and for other purposes (Rept. construction through the creation of a new in the amount of funding for the information 105–336). Referred to the House Calendar. class of bond; to the Committee on Ways and clearinghouse on osteopoorsis, Paget’s dis- Mr. REGULA: Committee of Conference. Means. ease, and related bone disorders; to the Com- Conference report on H.R. 2107. A bill mak- By Mr. COBLE (for himself and Mr. mittee on Commerce. ing appropriations for the Department of the SHAW): By Mr. PORTER (for himself, Mr. H.R. 2696. A bill to amend title 17, United Interior and related agencies for the fiscal DREIER, and Mr. LANTOS): year ending September 30, 1998, and for other States Code, to provide for protection of cer- H. Con. Res. 172. Concurrent resolution ex- purposes (Rept. 105–337). Ordered to be print- tain original designs; to the Committee on pressing the sense of Congress in support of ed. the Judiciary. efforts to foster friendship and cooperation By Ms. EDDIE BERNICE JOHNSON of DISCHARGE OF COMMITTEE between the United States and Mongolia, Texas (for herself, Mrs. MALONEY of and for other purposes; to the Committee on Pursuant to clause 5 of rule X the New York, Mrs. MORELLA, Ms. WOOL- Committee on the Budget discharged International Relations. SEY, Mr. PASCRELL, Mr. DELLUMS, By Mr. SAM JOHNSON: from further consideration. H.R. 2513 and Mr. DINGELL): H. Con. Res. 173. Concurrent resolution referred to the Committee of the Whole H.R. 2697. A bill to amend the Public honoring the accomplishments of the many House on the State of the Union. Health Service Act to expand and intensify Americans who contributed to the develop- f programs of the National Institutes of ment of supersonic flight technology; to the Health with respect to research and related Committee on Science. PUBLIC BILLS AND RESOLUTIONS activities concerning osteoporosis and relat- By Mr. WEXLER (for himself, Mr. ACK- Under clause 5 of Rule X and clause 4 ed bone diseases; to the Committee on Com- ERMAN, and Mr. LANTOS): merce. of Rule XXII, public bills and resolu- H. Con. Res. 174. Concurrent resolution ex- By Mrs. MCCARTHY of New York: pressing the sense of Congress regarding the tions were introduced and severally re- H.R. 2698. A bill to improve teacher prepa- anti-American and anti-Semitic remarks of ferred, as follows: ration at institutions of higher education; to Malaysian Prime Minister Mahathir By Mr. TAUZIN: the Committee on Education and the Mohamed; to the Committee on Inter- H.R. 2691. A bill to reauthorize and improve Workforce. national Relations. the operations of the National Highway Traf- By Mrs. MORELLA (for herself, Mrs. By Mr. GANSKE: fic Safety Administration; to the Committee JOHNSON of Connecticut, Mrs. LOWEY, H. Res. 275. A resolution to amend the on Commerce. Ms. EDDIE BERNICE JOHNSON of Texas, Rules of the House of Representatives to per- By Mr. SMITH of Oregon: Mrs. MALONEY of New York, Ms. mit a committee to vote to allow live media H.R. 2692. A bill to combine the Consoli- WOOLSEY, Ms. NORTON, Ms. WATERS, coverage of the testimony of a subpoenaed dated Farm Service Agency and the Natural Mr. DAVIS of Virginia, Mr. witness; to the Committee on Rules. October 22, 1997 CONGRESSIONAL RECORD — HOUSE H9039 PRIVATE BILLS AND H.R. 1234: Mr. RUSH. H.R. 2488: Ms. FURSE. RESOLUTIONS H.R. 1256: Ms. STABENOW and Mrs. H.R. 2549: Mr. TRAFICANT. CHENOWETH. H.R. 2560: Mr. DOOLEY of California, Mr. Under clause 1 of Rule XXII, H.R. 1371: Mr. KUCINICH. Mr. PORTER introduced A bill (H.R. MCINTYRE, Ms. NORTON, Mr. UNDERWOOD, H.R. 1387: Mr. SUNUNU. Mrs. MALONEY of New York, and Mr. PASTOR. 2705) for the relief of Edwardo Reyes H.R. 1415: Mr. TRAFICANT, Mr. MCINTYRE, H.R. 2563: Mr. CHAMBLISS, Mr. HASTINGS of and Dianelita Reyes; which was re- Mr. MCNULTY, Mr. BOEHLERT, Mr. WATKINS, Washington, Mr. MENENDEZ, Mr. CALLAHAN, ferred to the Committee on the Judi- and Mr. DREIER. and Mr. NETHERCUTT. ciary. H.R. 1425: Mr. STARK. f H.R. 1531: Mr. WAXMAN. H.R. 2584: Mr. SANDERS and Mr. WEYGAND. H.R. 1541: Mr. CAPPS. H.R. 2595: Mr. BOEHNER and Mr. PICKERING. ADDITIONAL SPONSORS H.R. 1542: Mr. INGLIS of South Carolina, H.R. 2598: Mr. TIAHRT. Under clause 4 of rule XXII, sponsors Mr. MCINNIS, and Mr. NETHERCUTT. H.R. 2609: Mr. MORAN of Kansas, Mr. were added to public bills and resolu- H.R. 1773: Mr. EWING. CHAMBLISS, Mr. HOLDEN, Mr. CLYBURN, and tions as follows: H.R. 1800: Mr. OBEY and Mr. PETERSON of Mr. KLUG. Minnesota. H.R. 27: Mr. DICKEY and Mr. PETERSON of H.R. 2611: Mr. COBURN and Mr. LEWIS of H.R. 1842: Mr. HILL and Mr. BLILEY. Minnesota. Kentucky. H.R. 1891: Ms. RIVERS. H.R. 59: Mr. DELAY. H.R. 2625: Mr. COX of California, Mr. H.R. 2011: Mr. RYUN. H.R. 182: Mr. CONYERS. GUTKNECHT, Mr. HAYWORTH, Mr. KINGSTON, H.R. 2021: Mr. MILLER of Florida. H.R. 351: Ms. RIVERS. Mr. COOKSEY, Mr. JONES, Mr. LARGENT, Mr. H.R. 2023: Mr. DELLUMS. H.R. 371: Mr. OLVER. BALLENGER, Mr. GINGRICH, Mr. BUNNING of H.R. 614: Mr. WELDON of Florida. H.R. 2029: Mr. COBURN, Mr. RYUN, and Mr. Kentucky, Mr. KING of New York, Mr. SES- H.R. 676: Mr. BOUCHER, Mr. OBERSTAR, Mr. LIVINGSTON. SIONS, Mr. WATTS of Oklahoma, Mr. SALMON, ACKERMAN, and Mr. FROST. H.R. 2110: Mr. WEXLER. Ms. DUNN of Washington, and Mr. MCINTOSH. H.R. 777: Mr. LANTOS. H.R. 2172: Mr. BOSWELL. H.R. 815: Mr. JACKSON, Mr. RANGEL, Mr. H.R. 2189: Mr. FROST, Ms. RIVERS, Ms. ROY- H.R. 2627: Mr. WEYGAND and Mr. MILLER of SMITH of Oregon, and Mr. SISISKY. BAL-ALLARD, Mr. LAMPSON, Mr. TRAFICANT, Florida. H.R. 820: Mr. SCOTT. Mr. FALEOMAVAEGA, Mr. BLILEY, Mr. ACKER- H.R. 2639: Mr. PRICE of North Carolina, Mr. H.R. 946: Mr. HAYWORTH. MAN, Mr. KUCINICH, and Ms. KAPTUR. YATES, Mr. KING of New York, and Mr. H.R. 979: Mr. SMITH of Michigan, Mr. KIL- H.R. 2191: Mr. BARR of Georgia. DEUTSCH. DEE, Mr. HOLDEN, Mr. KANJORSKI, Ms. H.R. 2194: Mr. TRAFICANT, Mrs. JOHNSON of H.R. 2689: Mr. RADANOVICH. MILLENDER-MCDONALD, Mr. DIXON, and Ms. Connecticut, Mr. TOWNS, Mrs. MALONEY of H.J. Res. 78: Mr. GEKAS, Mr. GIBBONS, Mr. ROYBAL-ALLARD. New York, Mr. LANTOS, Mr. RANGEL, Mrs. HASTINGS of Washington, Mr. RIGGS, Mr. H.R. 983: Ms. MILLENDER-MCDONALD. LOWEY, Mr. ENGEL, and Mr. MANTON. SHUSTER, Mr. BRADY, and Mr. CANNON. H.R. 986: Mrs. CUBIN. H.R. 2292: Mr. BAESLER, Mr. ROYCE, Mr. H.R. 991: Mr. BAESLER, Mr. ETHERIDGE, Mr. H.J. Res. 95: Mr. TANNER, Mr. JENKINS, Mr. GREENWOOD, Mrs. KENNELLY of Connecticut, SKAGGS, Mr. MCINTYRE, and Mr. OLVER. HILLEARY, Mr. CLEMENT, Mr. FORD, Mr. DUN- Ms. RIVERS, Mr. FAZIO of California, Mr. H.R. 992: Mr. WELDON of Florida and Mrs. CAN, Mr. WAMP, Mr. GORDON, Mr. THOMPSON, SANDLIN, Mr. SCHIFF, and Mr. BENTSEN. CHENOWETH., Mr. TAYLOR of Mississippi, Mr. PARKER, and HERMAN AWELL H.R. 1023: Mr. LOBIONDO. H.R. 2327: Mr. S , Mr. F , Ms. Mr. PICKERING. DUNN of Washington, Mr. FROST, Mr. WHITE, H.R. 1161: Mr. KLECZKA. H. Con. Res. 100: Mr. ANDREWS, Mr. Mr. EVANS, Mr. PETERSON of Minnesota, Mr. H.R. 1173: Mr. BOSWELL, Mr. BALDACCI, Ms. SAXTON, Mr. HASTINGS of Florida, Mr. RUSH, RAMSTAD, and Mr. SOUDER. JACKSON-LEE, Mr. JACKSON, Ms. WOOLSEY, Mr. PORTER, and Mr. WAMP. ENNEDY UINN H.R. 2377: Mr. BAKER, Mr. MCDADE, Mr. Mr. K of Rhode Island, Mr. Q , Mr. H. Con. Res. 107: Mr. DEUTSCH. MOAKLEY, Mr. LEWIS of Kentucky, Mr. HEF- UPTON, and Mr. PICKERING. H. Res. 37: Mr. WAMP and Mr. TAYLOR of NER, Ms. SANCHEZ, Mr. PASTOR, Mr. BILBRAY, H.R. 2380: Mr. CHRISTENSEN. Mississippi. Mr. LAMPSON, and Mr. SANDLIN. H.R. 2392: Mr. GOODLING. H.R. 1227: Mr. GOODLING, Mr. CHAMBLISS, H.R. 2476: Mr. DINGELL. H. Res. 259: Ms. LOFGREN, Mr. HAMILTON, and Mrs. NORTHUP. H.R. 2483: Mr. MCKEON, Mr. ISTOOK, Mr. Mr. BALDACCI, Mr. CAPPS, Ms. RIVERS, Mr. H.R. 1231: Mrs. EMERSON. SHIMKUS, Mr. BUNNING of Kentucky, Mr. FAZIO of California, Mrs. MALONEY of New H.R. 1232: Mr. MCGOVERN, Mr. MILLER of CHAMBLISS, Mr. CALVERT, Mrs. FOWLER, Mr. York, Mr. ENGEL, Mr. BARRETT of Wisconsin, California, Mr. CALLAHAN, Mrs. FOWLER, Mr. BOB SCHAFFER, Mr. GOODLING, Mr. CANNON, and Mr. POSHARD. DELAHUNT, and Mr. SMITH of Michigan. and Mr. HILL. H. Res. 268: Mr. DELAY and Mr. SOUDER. 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, WEDNESDAY, OCTOBER 22, 1997 No. 143 Senate The Senate met at 12 noon, and was Mr. KYL. Thank you, Mr. President. points in a victorious effort against called to order by the President pro f Linfield College. This event also tempore [Mr. THURMOND]. strikes a special chord for me because SCHEDULE Liz is the daughter of Suzanne PRAYER Mr. KYL. Mr. President, today the Heaston, a member of my State staff in The Chaplain, Dr. Lloyd John Senate will be in for a period of morn- Richland, WA. Ogilvie, offered the following prayer: ing business until 12:30 p.m. At 12:30 What is equally amazing about this Holy God, may our reverence for You p.m., we hope the Senate will be receiv- young woman’s accomplishments last give us authentic respect for people, ing the continuing resolution from the Saturday is that her feat was accom- the world You have entrusted to us to House. If that is the case, then debate plished after playing a full soccer care for, and the values and traditions will begin immediately in the Senate. game, where she is the star defender on that are sacred in America’s history As always, Members will be notified the Willamette University women’s which we are called to revere. when the vote on the continuing reso- soccer team, ranked 14th nationally in Dear God, we learn about the char- lution is scheduled. the NAIA. It was Liz’s tremendous acter pillar of respect from You. You In addition, the Senate may turn to abilities on the soccer field which led created us and respect our uniqueness. any appropriations conference reports the Willamette football coaching staff You give us esteem and security and that may become available. As a re- to recruit Liz onto the football field. help us live at full potential. We know minder to all Members, a cloture mo- While Liz may not have a future foot- we are of value to You. Help us to com- tion was filed last evening on the ball career ahead of her, Saturday’s municate respect for the dignity of ISTEA legislation. Therefore, all sec- milestone sets a tremendous precedent other people. May we respect their ond-degree amendments must be filed for future trailblazers in womens gifts and talents, and encourage them prior to the vote on Thursday. All Sen- sports. The athletic accomplishments to be all that You created them to be. ators will be notified as to when that of Liz Heaston, both in soccer and foot- Make us defenders of the rights of peo- cloture vote will occur on Thursday. ball, reinforce the role sports can play ple to be distinctive, to honor dif- I suggest the absence of a quorum. in helping our daughters discover and ferences of race and religious practices. Lord, we also pray for the character The PRESIDING OFFICER (Mr. realize their potential both on and off pillar of respect to be expressed in the KYL). The clerk will call the roll. the athletic field. way we live in Your creation. May we The legislative clerk proceeded to Mr. President, I suggest the absence behold and never destroy the beauty of call the roll. of a quorum. the natural world You’ve given us to Mr. GORTON. Mr. President, I ask The PRESIDING OFFICER. The enjoy. unanimous consent that the order for clerk will call the roll. Sovereign of this Nation, remind us the quorum call be rescinded. The legislative clerk proceeded to that patriotism has not gone out of The PRESIDING OFFICER. Without call the roll. style. May our gratitude for living in objection, it is so ordered. Mr. STEVENS. Mr. President, I ask this free land give us profound respect f unanimous consent that the order for the quorum call be rescinded. for the Constitution, our flag, and the MORNING BUSINESS genuine American spirit of mutual re- The PRESIDING OFFICER. Without spect for the rights of individuals to The PRESIDING OFFICER. Under objection, it is so ordered. life, liberty, and the pursuit of happi- the previous order, there will now be a f period for the transaction of morning ness. JAMES D. WOLFENSOHN OF THE Today we pray specifically for Geri business. WORLD BANK GROUP Meagher, friend and fellow worker here f in the Senate Chamber, as she under- Mr. STEVENS. Mr. President, not RECOGNITION OF LIZ HEASTON goes surgery. Bless her and heal her. many Americans—in fact not many Through our Lord and Saviour. Amen. Mr. GORTON. Mr. President, I would human beings—have the opportunity to f like to recognize the historic achieve- bring about permanent change in our ments of Liz Heaston of Richland, WA. world. Even if a person has the oppor- RECOGNITION OF THE ACTING Last Saturday, Liz became the first tunity, it is seldom that change can be MAJORITY LEADER woman to play in a college football brought about in a time span of only 3 The PRESIDENT pro tempore. The game. Her performance as place kicker years. A distinguished exception to able acting majority leader is recog- for the Willamette University football this is the president of the World Bank nized. team resulted in kicking two extra Group, James D. Wolfensohn. Under

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

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VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10912 CONGRESSIONAL RECORD — SENATE October 22, 1997 President Wolfensohn’s wise guidance, thousands disadvantaged by war, by the mil- people live in a market economy—up from 1 the World Bank Group is facilitating lions of children without families condemned billion ten years ago. global changes through the application to live on the streets, by the disabled shut There is also much good news regionally: Reform programs in Eastern Europe and Cen- of systems and knowledge developed in out from any kind of social support. By the plight of the poorest. tral Asia continue to advance, and prospects the United States. Today our clients number 4.7 billion people for accession to the European Union now Jim Wolfensohn, formerly president in over 100 countries. Three billion live on look promising for several countries in the and chief executive officer of his own under 2 dollars a day. A billion three hun- region. There is real progress in Sub-Saharan corporation, chairman of the board of dred million live on under 1 dollar a day. One Africa, with new leadership and better eco- trustees of the John F. Kennedy Center hundred million go hungry every day; 150 nomic policies. Gross domestic product for the Performing Arts, and executive million never even get the chance to go to (GDP) grew 4.5 percent in 1996, up from 2 per- school. cent two years ago. partner at Salomon Bros., recently de- In the Middle East and North Africa, despite livered his third yearly address to the But whether they live on the plains or in the valleys, whether they live in slums or political problems, efforts continue to boost board of governors of the World Bank isolated villages, whether they speak Hindi, regional trade and investment, improve com- Group. Swahili, or Uzbek, they have one thing in petitiveness, and expand economic oppor- After reading this compelling state- common: They do not want charity. They tunity. In Latin America countries have ment twice, I concluded his message want a chance. They do not want solutions emerged from the tequila crisis, with their should be available to all who wonder if imposed from without. They want the oppor- earlier gains against hyperinflation fully in- tunity to build from within. They do not tact. our citizens are applying the lessons of In East Asia, despite recent turbulence in want my culture or yours. They want their enlightened free enterprise in their financial markets, we still expect long-term own. They want a future enriched by the in- business and personal lives throughout growth and poverty reduction to be strong. heritance of their past. And in South Asia, home to 35 percent of the the world. I envy Jim Wolfensohn. He I have learned that people are the same developing world’s poor, growth rates over is truly making a difference in this wherever they are—here in this room and the past several years have approached 6 per- world. It is my pleasure to commend across the world. We all want the best for cent. his remarks to the Senate, and I ask our children and our families. We all want This all adds up to much to celebrate—but unanimous consent that his statement peace and economic and physical security. there is also much to lament. Yes, the glass entitled ‘‘The Challenge of Inclusion’’ We all want to live in a supportive commu- is half full, but it is also half empty. Too be printed in the RECORD. nity. We all want personal dignity. many people are not enjoying the fruits of There being no objection, the state- This was vividly brought home to me six success— months ago when I visited a large water and ment was ordered to be printed in the Here in East Asia, where, despite the ‘‘mir- sanitation project that the Bank is sup- acle,’’ inequities between rural and urban RECORD, as follows: porting in the favelas of Brazil. The project, areas and between the skilled and the un- THE CHALLENGE OF INCLUSION which is now self-sustaining, brings together skilled are becoming more widespread. (By James D. Wolfensohn) the local community, the private sector, and In the countries of the former Soviet NGOs. I am very pleaded to welcome you to these Union, where the old and the unemployed With my host, the vice governor of the Annual Meetings of the World Bank Group have become more vulnerable amidst the state of Rio, I went from one makeshift and the International Monetary Fund (IMF). turbulence caused by the transition from home to the next, talking with the women I am also delighted to be in Hong Kong. This command to market economies. who live there and who used to carry the In parts of Latin America, where problems beautiful and bustling city, which I have vis- water on their shoulders from the bottom of of landownership, crime, drug-related vio- ited regularly for forty years, exemplifies the hillside to their dwellings at the top. One lence, unequal access to education and the openness, dynamism, and optimism of so after the other, they proudly showed me health care, and enormous disparities in in- much of Asia today. And so does our meeting their running water and flushed their toilets come hinder progress and threaten stability. here in this magnificent conference center, and told me how the project had transformed And in many of the world’s poorest coun- where everything has been done impeccably. their lives. tries, where population growth continues to I would like to express my thanks to our And as we walked around, more and more run ahead of economic growth, eroding living hosts, the government of China, and the au- of the women came up to me displaying standards. thorities here in Hong Kong. It is impossible pieces of paper showing charges and receipts And the deeper tragedy is that the glass is to imagine greater courtesy, generosity, and for a few reals a month. I watched and lis- almost totally empty for too many. Indeed, efficiency. We look forward to your contin- tened to this until the vice governor said, for too many, it is the worst of times, as huge ued progress. ‘‘What they’re showing you, Jim, is that this disparities persist across and within coun- China’s success has been truly remarkable. is the first time in their lives that their tries. Less than a generation ago, eight in ten Chi- name and address have appeared on an offi- In too many countries, the poorest 10 per- nese eked out an existence by tilling the soil cial notice. This is the first time their exist- cent of the population has less than 1 per- for less than a dollar day. One adult in three cent of the income, while the richest 20 per- ence has been officially recognized. This is could neither read nor write. Since then, 200 cent enjoys over half. In too many countries, the first time that they have been included million people have been lifted out of abso- girls are still only half as likely as boys to in society. With that receipt they can get lute poverty, and illiteracy has fallen to less go to school. In too many countries, children credit to purchase goods, with that receipt than one in ten. China is our largest bor- are impaired from birth because of malnutri- they have recognition and hope.’’ rower, one of our most valued shareholders, tion, inadequate health care, and little or no As I walked back down the hill from that and home to more than a quarter of our cli- access to early childhood development pro- favela, I realized that this is what the chal- ents. I am delighted that our partnership grams. In too many countries, ethnic minori- lenge of development is all about—inclusion. continues to strengthen. ties face discrimination and fear for their Bringing people into society who have never This is the third time that I address you as lives at the hands of ethnic majorities. been part of it before. This is why the World president of the World Bank Group—the What we are seeing in the world today is Bank Group exists. This is why we are all third time I have the opportunity to express the tragedy of exclusion. here today. To help make it happen for peo- my deep gratitude to my friend Michel THE CHALLENGE AHEAD ple. Camdessus, whose collaboration over the Our goal must be to reduce these dispari- past two and a half years has been so invalu- THE STATE OF DEVELOPMENT CIRCA 1997 ties across and within countries, to bring able to me. We work ever more closely to- Where are we in terms of ‘‘making it hap- more and more people into the economic gether, and I continue to benefit from his pen’’ in 1997? In many ways, this is the best mainstream, to promote equitable access to great experience and judgment. of times for developing countries: Output the benefits of development regardless of na- From the beginning, one of my priorities grew last year by 5.6 percent—the highest tionality, race, or gender. This—the Chal- has been to take the pulse of development rate in twenty years. Foreign direct invest- lenge of Inclusion—is the key development firsthand. I have now visited almost sixty ment exceeded $100 billion—the most ever. challenge of our time. countries. I have met with governments, par- Private capital flows now total $245 billion— You and I and all of us in this room—the liamentarians, and the private sector. I have five times official development assistance. privileged of the developing and the indus- talked with national and international non- And developing countries are projected to trial world—can choose to ignore that chal- governmental organizations (NGOs) on sub- enjoy continued strong growth over the next lenge. We can focus only on the successes. jects ranging from women’s issues to the en- ten years. We can live with a little more crime, a few vironment, from health to the impact of Social indicators are also improving. Life more wars, air that is a little bit dirtier. We macroeconomic reform. expectancy has risen more in the past forty can insulate ourselves from whole sections of Wherever I go, I continue to be impressed years than in the previous four thousand. the world for which crisis is real and daily by the people we serve—by their strength, And freedom is blossoming. Today nearly but which to the rest of us is largely invis- their energy and their enterprise, even in the two in three countries use open elections to ible. But we must recognize that we are liv- most abject conditions. By the hundreds of choose their national leadership and 5 billion ing

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10913 with a time bomb, and unless we take action Irrespective of political systems, public deci- countries help themselves: by building their now, it could explode in our children’s faces. sions must be brought right out into the sun- own capacity to design and implement their If we do not act, in thirty years the inequi- shine of public scrutiny. Not simply to own development. ties will be greater. With population growing please the markets but to build the broad so- Finally, all of us in the development com- at 80 million a year, instead of 3 billion liv- cial consensus without which even the best- munity must look at our strategies anew. ing on under $2 a day, it could be as high as conceived economic strategies will ulti- We need that quantum leap which will 5 billion. In thirty years, the quality of our mately fail. allow us to make a real dent in poverty. We environment will be worse. Instead of 4 per- THE DEVELOPMENT COMMUNITY need to scale up, to think beyond individual cent of tropical forests lost since Rio, it donor-financed projects to larger country-led How can we in the broader development could be 24 percent. national strategies and beyond that to re- community be most effective in helping with In thirty years, the number of conflicts gional strategies and systemic reform. the enormous task ahead? may be higher. Already we live in a world We need approaches that can be replicated It is clear that the scale of the challenge is which last year alone saw twenty-six inter- and customized to local circumstances. Not simply too great to be handled by any single state wars and 23 million refugees. One does one agricultural project here or one group of one of us. Nor will we get the job done if we not have to spend long in Bosnia or Gaza or schools there. But rural and educational work at cross purposes or pursue rivalries the Lakes District in Africa to know that country strategies that can help the Oaxacas that should have been laid to rest long since. without economic hope we will not have and the Chiapas of this world, as well as the Name calling between civil society and mul- peace. Without equity we will not have glob- Mexico Cities. tilateral development institutions must al stability. Without a better sense of social We need to hit hard on the key pressure stop. We should encourage criticism. But we justice our cities will not be safe, and our so- points for change—adequate infrastructure should also recognize that we share a com- cieties will not be stable. Without inclusion, in key areas, social and human development, mon goal and that we need each other. too many of us will be condemned to live rural and environmental development, and Partnership, I am convinced, must be a separate, armed, and frightened lives. financial and private sector development. cornerstone of our efforts. And it must rest Whether you broach it from the social or And we need to remember that educating on four pillars. the economic or the moral perspective, this girls and supporting opportunities for First and foremost, the governments and is a challenge we cannot afford to ignore. women—health, education and employ- the people of developing countries must be in There are not two worlds, there is one world. ment—are crucial to balanced development. the driver’s seat—exercising choice and set- We breathe the same air. We degrade the In the struggle for inclusion, this all adds ting their own objectives for themselves. De- same environment. We share the same finan- up to a changed bottom line for the develop- velopment requires much too much sus- cial system. We have the same health prob- ment community. We must think results— tained political will to be externally im- lems. AIDS is not a problem that stops at how to get the biggest development return posed. It cannot be donor-driven. borders. Crime does not stop at borders. from our scarce resources. We must think But what we as a development community Drugs do not stop at borders. Terrorism, war, sustainability—how to have enduring devel- can do is help countries—by providing fi- and famine do not stop at borders. opment impact within an environmentally nancing, yes; but even more important, by And economics is fundamentally changing sustainable framework. We must think eq- providing knowledge and lessons learned the relationships between the rich and the uity—how to include the disadvantaged. We about the challenges and how to address poor nations. Over the next twenty-five must focus not on the easy projects but on them. years, growth in China, India, Indonesia, the difficult—in northeast Brazil, in India’s We must learn to let go. We must accept Brazil, and Russia will likely redraw the eco- Gangetic Plain, and in the Horn of Africa. that the projects we fund are not donor nomic map of the world, as the share in glob- Projects there will be riskier, yes. But suc- projects or World Bank projects—they are al output of the developing and transition cess will be worth all the more in terms of Costa Rican projects, or Bangladeshi economies doubles. Today these countries including more people in the benefits of de- projects, or Chinese projects. And develop- represent 50 percent of the world’s popu- velopment—and giving more people the ment projects and programs must be fully lation but only 8 percent of its GDP. Their chance of a better life. share in world trade is a quarter that of the owned by local stakeholders if they are to THE WORLD BANK GROUP’S RESPONSE European Union. By the year 2020, their succeed. We must listen to those stake- share in world trade could be 50 percent more holders. How is the Bank Group responding to the than Europe’s. Second, our partnerships must be inclu- Challenge of Inclusion? We share the same world, and we share the sive—involving bilaterals and multilaterals, Last year, I said that if the Group was to same challenge. The fight against poverty is the United Nations, the European Union, re- be more effective, it needed to change—to the fight for peace, security, and growth for gional organizations, the World Trade Orga- get closer to our clients’ real needs, to focus us all. nization, labor organizations, NGOs, founda- on quality, and to be more accountable for How, then, do we proceed? This much we tions, and the private sector. With each of us the results of our work. This year, I want to know: No country has been successful in re- playing to our respective strengths, we can tell you that it is happening. Not only is the ducing poverty without sustained economic leverage up the entire development effort. Bank changing, but the need for change is growth. Those countries that have been most Third, we should offer our assistance to all now fully accepted. successful—including, most notably, many countries in need. But we must be selective I know—and you know—that the Bank has here in East Asia—have also invested heavily in how we use our resources. There is no es- tried to change before. But there has never in their people, have put in place the right caping the hard fact: More people will be lift- been this level of commitment and con- policy fundamentals, and have not discrimi- ed out of poverty if we concentrate our as- sensus. We are building on the mission state- nated against their rural sectors. The results sistance on countries with good policies than ment articulated by my predecessor, Lew have been dramatic: large private capital if we allocate it irrespective of the policies Preston, whose untimely death prevented inflows, rapid growth, and substantial pov- pursued. Recent studies confirm what we al- him from implementing his plans. erty reduction. ready knew intuitively—that in a good pol- Earlier this year, we launched an action The message for countries is clear: Educate icy environment, development assistance im- program—the Strategic Compact—to renew your people; ensure their health; give them proves growth prospects and social condi- our values and commitment to development voice and justice, financial systems that tions, but in a poor policy environment, it and to improve the Bank’s effectiveness. I work, and sound economic policies, and they can actually retard progress by reducing the believe the Compact is historic. Not because will respond, and they will save, and they need for change and by creating dependency. there is agreement on every paragraph of the will attract the investment, both domestic I want to be very clear on this point: I am document; but because staff, management, and foreign, that is needed to raise living not espousing some Darwinian theory of de- and shareholders—with terrific support from standards and fuel development. velopment whereby we discard the unfit by our Executive Directors—are now united on But another message is also emerging from the wayside. Quite the contrary. Our goal is the future direction of the institution. And recent developments. We have seen in recent to support the fit and to help the unfit fit. while we still have a long way to go, and months how financial markets are demand- This is all about inclusion. while change is painful—and some people are ing more information disclosure, and how In Africa, for example, a new generation of undoubtedly feeling that pain—implementa- they are making swift judgments about the leaders deserves our strongest possible sup- tion is well under way. quality and sustainability of government port for the tough decisions they are mak- I really believe that this time we can suc- policies based on that information. We have ing; they have vast needs and a growing ca- ceed. And we will succeed because of our seen that without sound organization and su- pacity to use donor funds well in addressing truly remarkable and dedicated staff. I do pervision a financial system can falter, with them. We must be there for them. It is an not believe a better development team ex- the poor hurt the most. We have seen how economic and a moral imperative. ists, or one with more experience in fighting corruption flourishes in the dark, how it pre- However, where aid cannot be effective be- poverty. vents growth and social equity, and how it cause of bad policy or corruption or weak But the Compact is not primarily about creates the basis for social and political in- governance, we need to think of new ways to our organization and internal change; it is stability. help the people. not the old technical assist- about our clients and meeting their needs We must recognize this link between good ance approaches of the past that relied too more effectively. To take this beyond rhet- economic performance and open governance. heavily on foreign consultants. But helping oric, we have decentralized aggressively to

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10914 CONGRESSIONAL RECORD — SENATE October 22, 1997 the field. By the end of this month, eighteen Human and social development. We are policies or financial packages pulled to- of our forty-eight country directors with de- mainstreaming social issues—including sup- gether when crisis hits. This is why we are cisionmaking authority will be based in the port for the important role of indigenous cul- expanding our capacity for banking and fi- countries they serve—compared with only ture—into our country assistance strategies nancial system restructuring—and not just three last year. so that we can better reach ethnic minori- for the middle-income countries, but taking We have speeded up our response time and ties, households headed by women, and other on the larger task of financial sector devel- have introduced new products such as the excluded groups. opment in low-income countries. single currency loan and loans for innovative We are participating in programs designed For those countries, home to the world’s 3 projects of $5 million or less that can be im- by local communities to address pervasive billion poorest people, IDA remains the key plemented very quickly. needs, such as the EDUCO basic literacy pro- instrument for addressing the Challenge of Working with Michel Camdessus and our gram in El Salvador and the District Pri- Inclusion. I will be coming back to you in colleagues in the IMF—as well as with many mary Education Program in India, and these due course to seek your support for the other partners—we have prepared debt reduc- programs are being replicated by other coun- twelfth replenishment of IDA. tion packages worth about $5 billion for six tries. CONCLUSION heavily indebted poor countries under the We are increasing our support for capacity- HIPC Initiative. Not bad for an effort that building—particularly the comprehensive I believe we have made considerable did not even have a name eighteen months program initiated by the African countries progress in putting our own house in order in ago. And we are moving speedily ahead to last year. preparation for the challenges of the new help other HIPC countries. Sustainable development. In the rural sec- millennium. The New Bank is committed to quality. tor, which is home to more than 70 percent 1997 has been a year of significant achieve- We have put in place reinvigorated country of the world’s poor, we have completed a ment. We must push ahead with this process. management teams, with 150 new managers major rethinking of our strategy. Lending is We must make sure that we deliver next selected over the last six months, and rig- now up after many years of decline, sup- year’s work program, that we strengthen the orous training and professional development porting innovative programs such as the new project pipeline and increase the resources programs have been introduced for all staff. market-based approach to land reform in going directly to the front line. And we must The International Finance Corporation (IFC) Brazil. implement our recently completed cost-ef- has also made major changes in management We are also supporting our clients’ efforts fectiveness review. and is decentralizing to the field. to address the brown environmental issues— But the time has also come to get back to We have improved the quality of our port- clean water and adequate sanitation—that the dream. The dream of inclusive develop- folio, and as a result our disbursements are so often neglected but are so important ment. reached a record level last year of $20 billion. for the quality of the everyday lives of the We stand at a unique moment in history And the quality of all our work is being en- poor. when we have a chance to make that dream hanced by the progress we have made toward And, through the Global Environment Fa- a reality. Today, we have unprecedented con- becoming a Knowledge Bank. We have cre- cility, the Global Carbon Initiative, and a sensus on the policies that need to be put in ated networks to share knowledge across all new partnership with the World Wildlife place for sustainable and poverty-reducing regions and all major sectors of develop- Fund to protect the world’s forests, we are growth. Today, we have clear and unambig- ment. Our Economic Development Institute continuing to advance the global environ- uous evidence of the economic and social is playing a leading role in this area. Last mental agenda. linkages between the developing and the in- June in Toronto, working with the Canadian The private sector. We are capitalizing on dustrial worlds. Today, we face a future government and many other sponsors, EDI the synergies between the Bank, the IFC, where, unless we take action, our children brought together participants from over 100 and the Multilateral Investment Guarantee will be condemned to live in a degrading en- countries, for the first Global Knowledge Agency (MIGA) and are coordinating our ac- vironment and a less secure world. All we Conference. tivities under a single, client-focused service need today is the determination to focus on My goal is to make the World Bank the ‘‘window.’’ tomorrow and the courage to do it now. first port of call when people need knowledge Across the Bank Group, we are building up As a development community we face a about development. By the year 2000, we will our work on regulatory, legal, and judicial critical choice. have in place a global communications sys- reform designed to help create environments We can continue business as usual, focus- tem with computer links, videoconferencing, that will attract foreign and domestic pri- ing on a project here, a project there, all too and interactive classrooms, affording our cli- vate capital. We are using International often running behind the poverty curve. We ents all around the world full access to our Bank of Reconstruction and Development can continue making international agree- information bases—the end of geography as (IBRD) guarantees to help support policy ments that we ignore. We can continue en- we at the Bank have known it. changes and mitigate risk, and we are ex- gaging in turf battles, competing for the We are also promoting increased account- panding the product line of the International moral high ground. ability throughout the World Bank Group: Development Association (IDA) to help poor Or we can decide to make a real difference. We have developed a corporate scorecard countries develop their private sectors and But to do that, we need to raise our sights. to measure our performance. We are closely become full participants in the global econ- We need to forge partnerships to maximize monitoring compliance with our policies and omy. our leverage and our use of scarce resources. are continuing to work to improve the in- Meanwhile, the IFC is working in 110 coun- And we need to scale up our efforts and hit spection process by making it more trans- tries, and in more sectors, employing more hard on those areas where our development parent and effective. And we are designing financial products than ever before. Last impact can be greatest. new personnel policies that explicitly link year saw $6.7 billion in new approvals in 276 We at the Bank Group are ready to do our staff performance to pay and promotion. projects. The IFC’s Extending the Reach part. But we cannot succeed alone. Only if We are also emphasizing accountability in Program is targeting thirty-three countries we work together will we make a dent. Only the dialogue with our clients. Last year, I and regions that have received very little if we collectively change our attitude will we highlighted the importance of tackling the private sector investment. Again, the goal is make that quantum leap. Only if, in board cancer of corruption. Since then, we have clear: to bring more and more marginalized rooms and ministries and city squares across issued new guidelines to staff for dealing economies into the global marketplace. the globe, we begin to recognize that ulti- with corruption—and for ensuring that our MIGA, too is playing an active and en- mately we will not have sustainable pros- own processes meet the highest standards of hanced role. Last year it issued a record sev- perity unless we have inclusion, will we transparency and propriety. We have also enty guarantee contracts for projects in make it happen. begun working with a first half-dozen of our twenty-five developing countries, including Let me end where I began: in that favela in member countries to develop anticorruption eleven countries where it has not been active Brazil: What I saw in the faces of the women programs. before. I am delighted that yesterday the De- there, I have also seen on the faces of women My bottom line on corruption is simple: If velopment Committee agreed to an increase in India showing me passbooks for savings a government is unwilling to take action de- in MIGA’s capital that will allow it to con- accounts. I have seen it on the faces of rural spite the fact that the country’s develop- tinue to grow. cave dwellers in China being offered new, ment objectives are undermined by corrup- The financial sector. This pressure point productive land. I have seen it on the faces of tion, then the Bank Group must curtail its has been brought sharply into focus by re- villagers in Uganda, able for the first time to level of support to that country. Corruption, cent events in East Asia. Here too we are send their children to school because of the by definition, is exclusive: It promotes the scaling up our work in coordination with the private profit they can now make through interests of the few over the many. We must IMF and the regional development banks for rural extension schemes. fight it wherever we find it. the simple reason that when the financial The look in these people’s eyes is not a But key to meeting the challenge of inclu- sector fails, it is the poor who suffer most. It look of hopelessness. It’s a look of pride, of sion is making sure not only that we do is the poor who pay the highest price when self-esteem, of inclusion. These are people things right but that we do the right things. investment and access to credit dry up, when who have a sense of themselves, who have a Earlier, I mentioned the strategic pressure workers are laid off, when budgets and serv- sense of tradition, who have a sense of fam- points of change. Let me say a few words ices are cut back to cover losses. ily. All they need is a chance. about what we are doing in each of these But success in the financial sector requires Each one of us in this room must take per- areas. much more than the announcement of new sonal responsibility for making sure they get

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10915 that chance. We can do it. For the sake of writer, who has contributed to many the fact that this legislation was our children, we must do it. Working to- periodicals. He wrote a successful tele- passed unanimously because, when this gether, we will do it. vision series on our American infantry- bill passed it was in close proximity to f men. General Quinn is an ardent fisher- another tragedy that took place, the TRIBUTE TO GEN. WILLIAM W. man, an outdoorsman, a golfer. In his TWA flight that inexplicably exploded ‘‘BUFFALO BILL’’ QUINN Academy days, he played end on the off the shores of Long Island.’’ When football team and attack on the la- the legislation passed, people were con- Mr. STEVENS. Mr. President, I call crosse team. cerned whether or not it might have to the attention of the Senate the fact As a father and grandfather, he has a been a terrorist bomb or missile. I am that in a few days one of our Nation’s family which is extremely proud of not suggesting that it was terrorism, most distinguished military officers, a him. His list of citations, decorations, but there was that concern, and so the veteran of World War II and of the Ko- and civic activities and many accom- Congress was quick to respond. rean conflict, will celebrate his 90th plishments would be a long one and I think we responded correctly. We birthday. still would not tell the story of the said to those who are going to do busi- Lt. Gen. William W. ‘‘Buffalo Bill’’ whole man. I know him as an almost ness with countries that export ter- Quinn, a 1933 graduate of the U.S. Mili- professional Irishman. He knows more rorism, that are in the business of fi- tary Academy at West Point, com- jokes about Irish people and can tell nancing the fanatical kinds of acts pleted Command and General Staff them at length. And he enjoys Irish that result in a terrorist attack at the School the day before Pearl Harbor. whiskey, as a matter of fact. World Trade Center in New York where He had served as G–2 of the 7th Army, Mr. President, I ask the Senate to 6 people are killed, that result in the responsible for the intelligence on join me in honoring a great man, Gen. bombing of the barracks in Riyadh in which the August 1944 allied landing in ‘‘Buffalo Bill’’ Quinn on his 90th birth- Saudi Arabia where our troops are southern France was based when the day, which he will celebrate with his killed, that engage in the kind of ter- 19th German Army was routed. friends and family on November 1. rorist attack sponsored by the Libyans The following year he helped to lib- I thank the Chair. where 300-plus Americans are killed; we erate the survivors of the Nazi death I suggest the absence of a quorum. are not going to help promote trade camp at Dachau. What he saw there so The PRESIDING OFFICER (Mr. ROB- with those countries that played a role horrified him that he said he would ERTS). The clerk will call the roll. in these attacks. And if companies and never let the world forget, so that The legislative clerk proceeded to countries want to enter into agree- nothing similar could happen again. call the roll. ments that will promote the financial After the war, General Quinn became Mr. D’AMATO. Mr. President, I ask resources and development of Iran and director of the Strategic Service Unit unanimous consent that the order for Libya, then they cannot have free ac- that was formerly known as the Office the quorum call be rescinded. cess to the marketplace in America. of Strategic Services. Later he was as- The PRESIDING OFFICER. Without Is that a sacrifice? Yes, it is. Is it a signed to Korea where he boosted regi- objection, it is so ordered. sacrifice that we have a right to ex- mental morale by setting up a system Mr. D’AMATO. I ask unanimous con- pect? I believe it is. Should it be greet- for sending word of the accomplish- sent that I might proceed for up to 15 ed by the French Prime Minister stand- ments of individual soldiers to their minutes as if in morning business. ing up and cheering on the day that hometown papers. He also served as G– The PRESIDING OFFICER. Without Total enters into this agreement, an 2 for the daring and historic landing at objection, it is so ordered. agreement that our State Department Inchon. Mr. D’AMATO. I thank the Chair. was aware of and attempted to inter- His duties as a combat commander f cede and to get the French to work began when he was assigned to com- THE GAZPROM DEAL with us? I don’t believe so. mand the 17th Regiment in Korea, What does that sanction bill provide? which was known as the ‘‘Buffaloes.’’ Mr. D’AMATO. Mr. President, on It has a litany of opportunities for the On a cold winter day in 1951, ending a September 30, Total, a French com- Libyans and the Iranians to escape pu- report on his regiment, he said, ‘‘Tell pany, and Petronas, a Malaysian com- nitive measures; if they act in con- the old man’’—and he meant by that pany, and Gazprom, a Russian com- formity with the world community and Maj. Gen. Claude Ferenbaugh, com- pany, signed a $2 billion agreement to stop sponsoring terrorist attacks, if manding general of the 7th Division— develop the South Pars oilfields in they begin to show actions that they ‘‘that Bill of the Buffaloes said every- Iran. This contravenes the Iran-Libya will live and let live, then the Presi- thing will be all right.’’ Sanctions Act which passed the Senate dent does have the ability to relax and From then on, Bill Quinn became unanimously, and passed the House of alter those sanctions. known as Buffalo Bill. Representatives with I think all but But, Mr. President, to date there has After Korea, he served for 2 years as four votes, and which was signed into not been one showing, not one, that an adviser to the Greek Army. Later he law August 5, 1996, by President Clin- any of those countries, the Libyans or assumed command of the 4th Infantry ton. the Iranians, are willing to cease and Division at Fort Lewis, WA, and then Mr. President, the history of the desist from promoting terrorist at- returned to the Pentagon as the first Iran-Libya Sanctions Act is one that, tacks against the United States, Deputy Assistant Chief for Intelligence unfortunately, it seems to me, too against our interests and against those of the Army. In 1959, he became the many are ready to forget. Too many who seek peace and want to live in Army’s Chief of Public Information. are ready to forget the 300-plus Amer- peace. Indeed, if anything, they have Assigned to the Defense Intelligence ican citizens who were killed in PanAm become more violent. Agency as Deputy Director in 1961, he 103, or that two Libyan agents have By the way, I say to those who argue was then promoted to lieutenant gen- been indicted in connection with that that this agreement or this arrange- eral. In 1964, General Quinn was ap- terrorist attack and provided a safe ment or this law has not worked, it has pointed the 18th commanding general harbor by the Libyan Government. Too worked. We know that there have been of the 7th Army in Germany. He re- many of us are fickle, it seems to me, billions of dollars of investments that tired 2 years later. and are ready to forget past acts of ter- would have gone into promoting the I met General Quinn when I went to rorism committed by these two coun- economy of Iran so that they would visit Senator Barry Goldwater once tries because of political expedience, have more resources to export ter- over on the Chesapeake. He is a great on the altar of corporate profits and rorism that has been precluded. individual, Mr. President. General greed. For the leader of France to stand up Quinn’s distinguished military career Let us bring their arguments right and cheer, I believe, is horrendous. For provides a picture of a great man. out here: ‘‘Oh, if we don’t participate him to say that this is extraterritorial Those of us who are fortunate enough in this, others will. If we don’t provide legislation flies in the face of common to call him a friend know that he has the bullets for the killers, others will, sense. Are you really saying that the many more dimensions. He is a fine so why don’t we sell them. Oh, forget United States cannot take a position;

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10916 CONGRESSIONAL RECORD — SENATE October 22, 1997 ‘‘that we are not going to support ter- company by the name of Gazprom; Mr. D’AMATO. I urged upon Senator rorist nations, that there will be sanc- Gazprom, the very Russian company MCCONNELL in the strongest terms to tions, and that you cannot do business that helped bring about this deal pro- seek an end to this financing in the fis- with us as if everything is fine and well moting the exploration and develop- cal year 1998 foreign operations bill. If, and that you are comporting yourself ment of the oil fields in Iran. Owing to indeed, we are going to have a situa- as a good world citizen?’’ the fact that Gazprom is clearly one of tion where, on one hand we have a law Let me suggest to you that many of those companies that is in violation of that says you cannot do business with those who decry the U.S. position were the Iran-Libyan Sanction Act, and it these countries, and on the other hand the same who were so quick to come in can be sanctioned, I have a difficult we are indirectly financing a corpora- and say a recent corporate merger that time understanding—along with my tion which is going to be undertaking was about to take place should not colleagues Senator KYL and Senator these activities, then I think this is take place. Oh, yes, the European Com- BROWNBACK who have raised the ques- wrong. How can the United States pro- munity, led by, once again, our friends tion whether or not we should permit vide $800 to $850 million worth of Ex- the French, were ready to step in and financing under our law—whether port-Import Bank credits allowing U.S. say that the agreement between two these financing activities wouldn’t be companies to do more business with American companies, McDonnell Doug- in violation of our national security. companies whose actions violate U.S. las and Boeing, be invalidated. What Do these activities require a waiver law and damage U.S. security? So we about extraterritoriality in that situa- from the President? We will be holding certainly have an obligation to look tion? And in that case we are talking a hearing next week, next Thursday, to into this. about two companies that are not ex- ascertain this. In fact, Gazprom is a company that is porting terrorism right here within the In addition, I have learned from a closely tied to the Russian Prime Min- United States. Yet today we have the number of accounts that Gazprom is ister, Victor Chernomyrdin. And when European Common Market talking now negotiating with our Export-Im- the Vice President, Vice President about sanctioning the United States if port Bank to get something in the area GORE, was in Russia several weeks ago, we were to proceed in allowing those of $800 to $850 million worth of Export- he reportedly spoke at length, to Mr. two aircraft manufacturers to merge Import Bank credits. This is incredible. Chernomyrdin, about the Russian com- and not ask for waivers and not work Today I have written a letter to Sen- pany’s providing missile technology to out a situation, because this would be ator MCCONNELL in which I have asked Iran. It is my understanding Mr. competition that would be difficult for him to take the appropriate actions to Chernomyrdin said he had no knowl- a European company, Airbus. see to it that this is not business as edge of this, and that he could not do So let us not have a situation where usual, that he puts a hold on this as he anything about it. there are those who are willing to con- is marking up the appropriations bill What are we talking about? I mean, demn us for fighting terrorism—and by dealing with the Export-Import Bank. the fact of the matter is the Russians the way, how do we take on those who I ask unanimous consent the letter have been providing this technology to promote terrorism? We cannot bomb dated October 22 be printed in the Iran. It seems to me this situation is them. I am not suggesting that we do. RECORD. like the parent who doesn’t want to ac- But should we not deny them the fi- There being no objection, the letter knowledge that a son or daughter may nancial resources with which to fuel was ordered to be printed in the have some problems with substance the engine for exporting terrorism? Of RECORD, as follows: abuse, but they look the other way. All course, we should. U.S. SENATE, COMMITTEE ON BANK- the signs are there, but they look the It takes a little courage. I think that ING, HOUSING, AND URBAN AF- other way. All the facts are there, but our administration has not done the FAIRS, we don’t want to have an acknowledg- kind of things that it should do behind Washington, DC, October 22, 1997. ment. Hon. MITCH MCCONNELL, Let me be clear, Iran is the foremost the scenes, working with our allies to Chairman, Subcommittee on Foreign Oper- make this policy one that is easier to ations, Appropriations Committee, U.S. Sen- sponsor of international terrorism. enforce. We have not told the Euro- ate, Washington, DC. They threaten our national security, peans to stand up to the Iranians, and DEAR MR. CHAIRMAN: I write today with a the interests of our citizens and our al- say ‘‘if you want to be able to have matter of urgent concern. Gazprom, a Rus- lies, and it is unconscionable that we commerce and trade like others, then sian company has violated the Iran-Libya provide aid to them to do so. For the you have to behave. There is a code of Sanctions Act by signing a $2 billion con- Russian Prime Minister to say we conduct that we expect of you, or oth- tract along with Total, S.A. of France and should stop worrying about this threat Petronas of Malaysia, with Iran to develop erwise, there will be sanctions.’’ We the South Pars oil field there. This flagrant is incredible. have simply not told them to tell the act cannot be rewarded with U.S. inaction. I think we should start worrying Iranians that. Most importantly, it must not be rewarded about the damage that will be done if There was once a time not too long with U.S. export financing. this kind of contract is carried out by ago when we imposed sanctions of all Now, after this act of corporate greed and us acting as willing consorts. For Rus- kinds on our current allies, the Rus- obstructionism of U.S. counter terrorism sian companies to be providing missile sians, before the wall of communism policy, we learn that Gazprom might well re- aid to Iran and then helping finance came down. Sanctions that related to ceive some $800 million in Export-Import gas deals which will make it possible credits. This cannot be allowed to happen. human rights, related to their anti- We must prevent the extension of these for the Iranians to undertake more ter- democratic activities. We didn’t have loans. There is no reason that we should be rorist activities, I think is simply im- pure free trade and commerce under financing their violation of our laws and the permissible. Are we supposed to really the sanctions of yesterday, so the sanc- enrichment of Iran. be quiet? Sit back? Are we going to tions of today aren’t anything new. For Mr. Chairman, Iran’s international mis- really read the editorials that say that those who say somehow this is terrible, deeds are legendary. Their sponsorship of now I have somehow created a terrible I’ll tell you what is terrible: I think it international terrorism and their ongoing situation by coming forth and saying attempts to obtain weapons of mass destruc- ‘‘let’s look at this, let’s examine this— is terrible that we have not laid our tion should cause all of us great concern. In cards on the table with our allies and this vein, Gazprom’s aid to Iran cannot and I believe this is wrong.’’ As far as Total told them we expect them to join with should not be allowed to proceed without and Petronas are concerned, I hope the us in the battle against terrorism. penalty. I, therefore, urge you in the strong- administration understands the only I received a letter from our col- est of terms, to seek an end to this financing correct course to take is to implement leagues Senator BROWNBACK and Sen- as you prepare the final version of the FY 98 the law and to impose the sanctions to ator KYL, asking that the Banking Foreign Operations Appropriations bill in their fullest and to sit down with our Committee hold a hearing on the ques- the coming weeks. allies and say to them: Instead of pok- Thank you for your support of this ex- tion of offering $1 billion of convertible tremely important and urgent request. ing us in the eye deliberately and pub- bonds on the U.S. markets. And what Sincerely, licly, we should be working together; were these bonds to be used for? They ALFONSE M. D’AMATO, not for one to advantage oneself and were to be used for helping to finance a Chairman. make a quick buck.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10917 We cannot fail to take this initiative ber of debate. This is also serious, but have managed offices and pushed pa- and implement the law the way it was very pleasant to report. perwork. intended—it was intended to bring This past Saturday history was made They have braved every condition sanctions upon those who deal with in our country. It occurred in my and suffered every deprivation. They countries that promote terrorist ac- State. It occurred because a young have been prisoners of war; they have tivities unless and until those coun- woman by the name of Liz Heaston ap- been wounded; and many have offered tries change and mend their ways. peared in a men’s football game at Wil- the ultimate sacrifice of their lives for Failure to act now will only come back lamette University. She became the the Nation. to haunt us in the future. It will only first woman in college football history A person who serves in our Nation’s bring more in the way of conduct that to play in a game. Armed Forces is a citizen who has can be detrimental to world peace and Before a crowd of 2,500 people, Liz sworn to step into harm’s way to de- to our security and to the national in- kicked 2 extra points in what helped fend freedom. Male or female, we owe terests of the United States. I hope we Willamette University defeat Linfield our veterans a debt of gratitude for have the courage to stand and act, in- College 27–0. taking on these risks. stead of listening to those in the cor- Liz is a starter for the Willamette With the dedication of the Women in porate and business sector come down University soccer team. And at the last Military Service to America Memorial, and say: ‘‘Oh, well, if they take this ac- minute she was asked to fill in for the we are finally recognizing the contribu- tion today against Total that tomor- team’s regular kicker who was injured. tions of women in our Armed Forces. row it may impact against us.’’ She did it with great aplomb and obvi- I want to pay special tribute to the This is a battle. It is a war. It is a dif- ously very effectively. many women of Utah who have served. ferent kind but in many ways it is even After the game, Liz merely said, ‘‘I Utah’s population includes more than more dangerous, more pernicious, more was out there to have fun and do my 6,000 women veterans. evil than the kinds of wars where na- job on the field for the team. That was During the First World War, the Red tions may declare themselves against enough for me.’’ Cross made desperate pleas for quali- another nation. There, you know where It isn’t enough for me to just ac- fied nurses to staff the hospitals for the the battlefields lie and you understand knowledge this, but I wanted to come troops. One-fourth of the nurses in what is taking place. But this is a sav- to the Senate floor today to pay trib- Utah at the time offered their skills age one, which is waged against inno- ute to her and to say in this day and and joined the effort. I think it is of cent civilians, children—people age anything is possible. particular note that, although Utah throughout the world. That is why we I commend her for being the first women had the right to vote, other need to employ all of the economic woman to play in a men’s college foot- women volunteered for military service power and legal and moral authority ball game. in World War I before they could even that we have in bringing our allies to- Mr. President, I yield the floor. vote. gether with us. f And yet, they served under brutal Mr. President, I yield the floor and I conditions. WOMEN IN MILITARY SERVICE TO Mabel Winnie Bettilyon of Salt Lake suggest the absence of a quorum. AMERICA MEMORIAL The PRESIDING OFFICER. The City worked at an evacuation hospital clerk will call the roll. Mr. HATCH. Mr. President, I rise in France where she faced an unrelent- The bill clerk proceeded to call the today to pay tribute to those whose ing patient load. During one night, roll. service has at long last been recognized more than 800 wounded American sol- Mr. LOTT. Mr. President, I ask unan- by their country. I am speaking, of diers came into the hospital, and she imous consent that the order for the course, of those women who have was assigned to care for 136 of them. quorum call be rescinded. served their country in uniform. This Ruth Clayton called her service in The PRESIDING OFFICER (Mr. past weekend, women veterans con- France ‘‘the most important experi- COATS). Without objection, it is so or- verged in Washington for ceremonies ence of my life’’ because, she said, ‘‘I dered. dedicating the Women in Military was able to help.’’ She worked in a mo- Service to America Memorial. bile medical unit caring for soldiers f Two million women have stepped for- wounded by gas attacks, many suf- GERI MEAGHER ward to serve in every conflict from fering from horrifying disfigurement. Mr. LOTT. Mr. President, our prayers the American Revolution to Desert She held the hands of the dying and today are with Mrs. Geri Meagher and Storm. This is a surprising fact when strengthened the weak. They ate sit- her family. Geri, as most of us know, is you look around Washington, DC, with ting in the mess tent on a wooden cof- the majority floor Doorkeeper. Hers is its many monuments to American fin. Upon Clayton’s return, she went one of the brightest and friendliest military heroes and battles—generally on, as so many others did, to a distin- faces greeting us on the Senate floor men on horseback. guished nursing career at home. every day. And we miss her sunshine The Women in Military Service to During World War II, Mary Worrell of today. America Memorial, thanks to the Layton, UT, was among a select group I always look back to see Geri there dauntless effort of retired Brig. Gen. of women who were trained to fly mili- keeping an eye on the Senate floor and Wilma Vaught, has finally become a re- tary cargo planes. Although relegated making sure that everything is work- ality. It will serve as a permanent re- to the copilot’s chair, these women ing in proper order. But last night she minder that the words ‘‘duty, honor, proved their bravery and skill. Worrell was stricken with a brain aneurysm country’’ are not merely the motto of trained as a Navy transport airman, a and today is undergoing surgery. Our West Point cadets; they are part and WAVE, flying the B–54 in alternately prayers for her recovery and return to parcel of citizenship in this great Na- hot or cold unpressurized cabins. One us go with her today. tion. They certainly are not gender of her assignments was to distribute Mr. SMITH of Oregon addressed the specific. the balance of weight in the plane. She Chair. Today, there are over 1 million recalls directing passengers to stand in The PRESIDING OFFICER. The Sen- women who are veterans of our Armed the front of the plane for take off, or ator from Oregon. Forces; and 14 percent of the U.S. mili- have them crouch in the tail depending f tary are women, many of whom have on conditions. Today, Worrell helps made military service a career. educate and inspire visitors as a volun- TRIBUTE TO LIZ HEASTON, THE These are women who have nursed teer at the Hill Aerospace Museum in FIRST WOMAN TO PLAY COL- the wounded and comforted the dying; Utah. LEGE FOOTBALL they have flown aircraft; they have de- Other women became Women Mr. SMITH of Oregon. Mr. President, livered the mail; they have requi- Airforce Service Pilots [WASP’s]; 25,000 I rise with a pleasant report today. sitioned and moved supplies; they have women volunteered for the program to There are very serious things that maintained equipment; they have gath- compensate for the shortage of pilots; occur on this floor in this great Cham- ered and assessed intelligence; they 1,037 were accepted and completed the

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10918 CONGRESSIONAL RECORD — SENATE October 22, 1997 training to become full-fledged pilots, guised themselves as men in order to and should be signed within the next delivering bombers from factory to the serve. Remember the women who few days. troops in Europe during the 1940s. They worked as spies for the Army or nurses The Agriculture conference report flew every kind of mission except com- on the battlefield. Remember your has passed the House and is pending bat. Because they were not officially grandmothers dodging fire as ambu- here in the Senate. part of the military, there were no lance drivers in World War I, or your We expect to file an Interior appro- bands or benefits awaiting them at the mothers staffing essential supply de- priations conference report later today. completion of their service. In fact, 39 pots during World War II and Korea. And it is my opinion we will com- of them lost their lives, and families Remember the women who worked in plete the conference on the foreign op- and friends paid for the return of their intelligence units in Vietnam or as hel- erations, Commerce and Labor, Health remains. Not until 1977 were these icopter pilots in the Persian Gulf. and Human Services bills this week. women finally recognized and granted Today, military women are serving Additionally, we should pass or ob- veterans status. aboard ships and flying the space shut- tain cloture on the District of Colum- Efforts to integrate more women, to tle. bia bill this week. incorporate those military groups who I will look forward to visiting this I am here to say I am grateful for the had served as auxillaries, grew during beautiful and fitting memorial; and, cooperation of the two leaders, Senator the Korean war. Barbara Toomer is a when I do, I will think of Mamie LOTT and Senator DASCHLE, in aiding Utah veteran of the Army Nurse Corps Ellington Thorne, Mabel Winnie our Appropriations Committee in pass- during the Korean conflict, when the Bettilyon, Mary Worrell, Barbara ing these bills with significant bipar- total enrollment of women in the Toomer, and Veda Jones, among so tisan majorities. We continue to need the help of all armed forces was at just 4 percent. very many others. I will think of those Members to complete our work prior to Their sacrifice does not always end now serving and be grateful to them as with their military tours of duty, nor November 7. well as to their male colleagues for Mr. President, I do not hope to come does their struggle for respect. When keeping this country safe. back to this floor again during this ses- Veda Jones, a disabled Vietnam-era May the Women in Military Service sion of Congress to seek another con- veteran, sought to work with her local to America Memorial stand to remind tinuing resolution. service organization, the local com- future generations of these noble We have very difficult policy issues mander pointed her in the direction of women who, like their brothers, have to be settled on foreign operations, the the auxillary. Undaunted, Jones per- given up certain comforts of civilian Labor bill, and the Commerce bill, but sisted. She recalls thinking, ‘‘I’m 60 life, have volunteered to go to far flung I do believe we can complete the budg- percent disabled. I am a Vietnam-era places around the globe, and put them- et aspect of those bills this week. The veteran. I did my time—22 years on ac- selves at risk to advance the cause of controversial riders that are attached tive duty. I belong with the main freedom. to the bills will dictate whether we can body.’’ Ten years later, Jones was in- f complete all of our work on these ap- stalled as the president of this 5,400 FURTHER CONTINUING APPRO- propriations bills within this extended member organization. The veterans of period. Utah have looked to her leadership, PRIATIONS FOR FISCAL YEAR 1998 I urge Senators who are concerned and she has unfailingly been found at about these bills to support this con- her post. She has been an inspiring Mr. LOTT. Mr. President, I ask unan- tinuing resolution, to give the com- champion on behalf of veterans, work- imous consent that the Senate now mittee the time it needs to work out ing tirelessly to assist with veterans’ turn to House Joint Resolution 97, the the remaining differences between the employment and health issues in Utah continuing resolution, for debate only. House and the Senate on the bills that today. Therefore, no amendments will be in I have just enumerated. When the country called many re- order. Mr. President, again, it is my hope servists to active duty during the gulf The PRESIDING OFFICER. Without that we will, in this session, pass the war, there were many Utahns, men and objection, it is so ordered. The clerk separate appropriations bills, let the women, who answered the call. We hold will report. President exercise his will with regard the ideals of patriotism and service The bill clerk read as follows: to each bill, and conduct our affairs in dear in Utah. With 6,000 members in A joint resolution (H.J. Res. 97) making the Appropriations Committee with the Army Reserve and 1,500 members in further continuing appropriations for the fis- separate appropriations bills and not to cal year 1998, and for other purposes. the Air National Guard, Utah has more have one all-encompassing global type units per capita than any other State. The Senate proceeded to consider the of continuing resolution as we wind up Brigham Young University in Provo, joint resolution. this session. UT, has one of the few all-female Army Mr. STEVENS addressed the Chair. It is possible, Mr. President, to do ROTC units in the Southwest, a unit The PRESIDING OFFICER. The Sen- our job, as we should do it—13 separate that has distinguished itself already as ator from Alaska. bills. That is my plea to the Senate. a force to be reckoned with. Mr. STEVENS. House Joint Resolu- Help us work out the 13 separate bills. As is the case throughout today’s tion 97 is now pending? I thank the President and suggest military, women hold key leadership The PRESIDING OFFICER. The Sen- the absence of a quorum. positions and comprise vital elements ator is correct. The PRESIDING OFFICER. The of the units, proving not only that Mr. STEVENS. Mr. President, this clerk will call the roll. women have the skills to be full play- resolution would extend the continuing The assistant legislative clerk pro- ers in the defense of our Nation, but concept of our appropriations to Fri- ceeded to call the roll. also that they have the same motiva- day, November 7, of this year. The Mr. WELLSTONE. Mr. President, I tion for service as their male col- terms and conditions are exactly the ask unanimous consent that the order leagues. same as the bill that was passed by the for the quorum call be rescinded. The women veterans of World War I, Senate in September. The 1997 fiscal The PRESIDING OFFICER. Without World War II, Korea, and Vietnam have year funding levels and policy limits objection, it is so ordered. opened the doors of opportunity for will prevail during the extended period PRIVILEGE OF THE FLOOR those Utah women on active duty of this continuing resolution. Mr. WELLSTONE. Mr. President, I today—as near as Hill Air Force Base We have made considerable progress ask unanimous consent that Brian or as far away as Europe, Korea, or on on the appropriations bills for fiscal Symmes, a fellow, and Maggie Smith, board ship. year 1998. The Defense, military con- an intern, be granted the privilege of The memorial dedicated last Satur- struction, Treasury, energy and water, the floor. day tells the stories of individual and legislative branch bills have all The PRESIDING OFFICER. Without women, and it tells the story of a na- been enacted. objection, it is so ordered. tion. Remember the women of the Rev- The Transportation and VA–HUD Mr. WELLSTONE. Mr. President, I olutionary War and Civil War who dis- bills are pending before the President ask unanimous consent that I now be

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10919 allowed to speak as in morning busi- be the first debate we have ever had on the socioeconomic slope, the pollution ness. the floor of the U.S. Senate that deals lands on you. The PRESIDING OFFICER. The Sen- with environmental justice, which is a That is what this is all about. That is ator from Minnesota is recognized to shorthand way of talking about the what this cry for environmental justice speak as in morning business. disproportionate exposure of ethnic mi- is all about. I predict that eventually Mr. WELLSTONE. I thank the Chair. norities and poor people to environ- environmental justice will become a f mental pollutants. That is to say, all huge issue in the Congress. To repeat, too often, when it comes to where we it is the old plumber’s maxim that TEXAS LOW-LEVEL RADIOACTIVE ‘‘waste flows downhill, both figu- WASTE DISPOSAL COMPACT site these nuclear waste dump sites or where we put an incinerator, we tend ratively and literally, and if you are at Mr. WELLSTONE. Mr. President, I to locate them in communities where the bottom of the socioeconomic slope, rise to discuss legislation that the Sen- there is a disproportionate number of the pollution lands on you.’’ ate may soon consider. The number of people of color or poor people because I am standing on the floor of the U.S. this bill is S. 270; it is the Texas low- they don’t have the political clout. Senate today to say that enough is level radioactive waste disposal com- Why do I raise the issue of environ- enough. Until more of us say enough pact bill. mental justice on a bill that professes and we face up to the environmental As my colleagues know, the Congress to do no more than grant the Congress’ injustices that we may contribute to in is supposed to consent to all interstate consent to a compact between Maine, the granting of our consent in legisla- compacts, which are contractual ar- Vermont, and Texas for the disposal of tion such as this, poor and minority rangements between States. In this nuclear waste? Because it is this bill communities will continue to suffer case, we are asked to give our consent which will enable Maine and Vermont disproportionately from environmental to the shipment of low-level nuclear to indeed ship nuclear waste to Texas— degradation in our country. We are in waste from Maine and Vermont, and and I understand why they are trying desperate need in the United States of potentially other States, to Texas for America of a meaningful dialog on en- to do it—but also because Texas has disposal. I am opposed to this legisla- vironmental justice. I believe Ameri- made it very clear where it intends to tion as it is currently written. I want cans understand the need for fairness, locate the dump site. That dump site, to make clear today what my inten- and I want Americans to understand not surprisingly, is located in an area tions are. that we have to address environmental of west Texas that is populated dis- Mr. President, we will have further justice whenever we think about how opportunity to debate this legislation proportionately by poor Hispanics. to deal with problems like waste dis- in full, and I do not intend to engage This happens over and over and over posal. All our actions have moral im- the bill’s supporters today. I certainly again in our country. When we want to plications, and what we decide on legis- never intend for this to become an acri- figure out where we are going to put lation like this can ultimately harm monious or bitter debate. But I want to the nuclear waste, we look to where our most vulnerable citizens. publicly explain my opposition to this the poor people live, to where commu- I intend, Mr. President, to have a full legislation and also what I intend to nities of color without the economic debate on environmental justice. I do. clout live, and that is where we put it. want Members to explain why we I do not believe that it is the inten- Is the proposed location of the dump should overlook the environmental jus- tion of the bill’s sponsors, my good in a poor community simply a coinci- tice implications of our actions in this friends from Maine and Vermont, to do dence, I ask my colleagues? Was it instance. I want to talk about how this anything to harm the citizens of Sierra chance that the dry, sparsely populated situation is symptomatic of many situ- Blanca, TX, through this compact. My county in Texas tentatively chosen for ations that we face in our country friends from New England are attempt- the dump site is 66 percent Hispanic today. I want the U.S. Senate, as a ing to meet the concerns of their con- with 39 percent of the people living body, to reflect on the consequences of stituents. They just want to get rid of below the poverty level? There cer- pollution on poor and minority citizens this nuclear waste and they want to tainly were other scientifically accept- all across the United States of Amer- figure out how to dispose of it. They able sites for the dump, so why did the ica. I also intend to offer an amend- want to get it out of their own States. Texas Legislature choose this spot, the ment which adds one additional condi- I also understand that no one wants to sixth poorest county in Texas, with a tion to Congress’ consent to the com- have a nuclear waste dump in their high minority population, a low me- pact. That condition is essentially that neighborhood. dian household income and a sludge Congress grants its consent as long as Now, this compact legislation says dump? the compact is not implemented in a little about where the waste should go The answer to these questions is sim- way that it discriminates on the basis in Texas, other than that the State of ple. We in this body understand the an- of race, color, national origin, or in- Texas has an obligation to find a site. swer to this question all too well. It come level. Specifically, it will be de- The State legislature in Texas has de- was politics. The community living signed to allow people who don’t have cided that there indeed will be a site near the site singled out by the Texas the chance to fight fairly in the polit- and it will be in a small town in Legislature did not have the political ical process to make their case in the Hudspeth County, TX. My friends from clout to keep it out. While all the other courts. I want to give poor and minor- Maine and Vermont, with whom I agree candidate sites were able to deflect the ity people, communities of color, a on many issues, and whom I enjoy dump, Sierra Blanca, in far western chance to fight this out in the courts. working with, have not said that their Texas, a poor community, a Hispanic That is the very point of environ- State’s nuclear waste should go to Si- community, did not pack the political mental justice. When the political erra Blanca. But the effect of this leg- punch of the communities near the process fails, environmental justice islation is to create a low-level nuclear other possible sites. means trying to level the playing field, waste dump site in a dusty little town Another question that has arisen is, sometimes forcing conflict into a more in Texas called Sierra Blanca near the why am I, as a Senator from Min- evenhanded forum in this country. In border with Mexico, about 60 miles east nesota, involving myself in the deci- this particular case, that would be the of El Paso. sion of the Texas Legislature to select courts. I am sure, Mr. President, that Mr. President, I believe that there a particular Texas site for a nuclear none of our colleagues would argue are many concerns that have been waste dump? For this reason, col- that it is acceptable to discriminate raised about the siting of this dump leagues: It doesn’t just happen in against people by locating a nuclear and the enactment of this legislation, Texas, it happens all over this country. waste dump site in their community. including environmental issues, seis- Poor and minority communities, un- That being the case, it is a simple mat- mic problems, economic viability, cur- able to protect themselves in the polit- ter to say that if the location of the rent legal actions, and our relations ical arena, find the old plumber’s compact dump discriminates against with Mexico. maxim is as true as ever: ‘‘Waste flows people on the basis of their race or eco- But I want to talk about one issue downhill,’’ both figuratively and lit- nomic status, Congress will not con- and one issue only, and hold what may erally, and if you are at the bottom of sent to this compact. That will be the

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10920 CONGRESSIONAL RECORD — SENATE October 22, 1997 amendment I will bring to the floor if in the 1960’s and the 1970’s we had the sustainable environment with sustain- this compact is brought to the floor. I dark clouds of particulates and the able energy with a sustainable econ- think this will happen and we will have smog that smothered urban areas omy. I think the country that is the this debate, and I think it will not be which moved us to clean up the air. most clean country is going to be the an acrimonious debate, but it will be Today, we are faced with a potentially country with an economy powered by one of the first debates we have ever greater threat, but it is not a visible clean technologies, industries and busi- had in the Senate on environmental threat. We are talking about some- nesses. It is going to be a country run justice or environmental injustice. thing that is going to happen, some- with an emphasis on energy efficiency I would like to make one point crys- thing that is going to affect our chil- and with a renewable energy policy. It tal clear. I am not rising in opposition dren and their children, and the ques- is going to be a country which will gen- to compacts. My amendment does not tion is what are we going to do? It is a erate far more jobs in the renewable pass judgment on the compact this bill challenge for my State of Minnesota. It energy and clean technology sectors, attempts to create. Rather, it is de- is a challenge for our country. It is a which are labor intensive, small busi- signed to give the citizens of Sierra challenge for the whole human race. It ness intensive and community building Blanca, a poor Hispanic community, is also a challenge about leadership. I sectors. another tool to have their voices heard am talking about the problem of global We have an opportunity as we move above a political process that would warming, the problem of climate into the next millennium to really cre- just as soon ignore them. I hope my change. ate a new marriage between our envi- colleagues will recognize our obliga- In 1992, for the Earth summit, Presi- ronment and our economy. We are all tion to the people of Sierra Blanca and dent Bush made a commitment to re- but strangers and guests on this land, to all our citizens in taking a stand for turn greenhouse gases to 1990 levels by as the Catholic bishops have said. We environmental justice. the year 2000, and we have not lived up have to take action now. What the Mr. President, I look forward to this to that commitment. We have not hon- President is calling for is not likely to debate. I will bring to the floor docu- ored that commitment. I believe the be enough to address this challenge and ments and other information for dis- President, in 1993, made a similar com- the task before us. We can do better as cussion. I will raise important ques- mitment that we would reduce our a nation. We can be more respectful of tions as a Senator. It will be a civil de- greenhouse gases to the 1990 level by our environment while still growing bate, but I feel very strongly about the year 2000. our economy. this. What has happened to the people I believe that the President’s an- In the Red River Valley, the people of of Sierra Blanca, or what might happen nouncement today will fall far short of North Dakota and people of Minnesota to them, is all too indicative of what meeting this challenge—but I certainly went through a living hell this past happens all too often to those commu- want to say to the President and to the winter and spring. We don’t want the nities that are the poorest commu- White House that I appreciate their ef- floods in the Red River Valley to be 5- nities, communities of color that over forts to try to move this process for- year occurrences. And there will be and over and over again are asked to ward as we move toward a very impor- other catastrophic consequences from carry the disproportionate burden of tant international gathering in Kyoto. global warming. For my State it could environmental degradation. It is not For more than a decade, the sci- be agricultural devastation; for my fair to these citizens. It is not fair to entific community has investigated the State it could be deforestation and their children. It is not fair to their issue. Initially, its reports called for lower lake levels in the Boundary families. It is not fair to their commu- more research, better modeling tech- Waters, an area that we love, a crown nities. I believe this is a fundamentally niques, more data. But in December jewel wilderness area in northern Min- important question that we have to ad- 1995, the Intergovernmental Panel on nesota. dress as an institution, as the Senate. Climate Change, composed of more The more important point, however, Mr. President, I yield the floor. For than 2,000 scientists from more than 100 is that not only for ourselves but for the moment, I note the absence of a countries, concluded that there was a our children and grandchildren we need quorum. discernible human impact on global to take much stronger action. We have The PRESIDING OFFICER (Mr. climate. In June, more than 2,000 U.S. to stand up to some of the powerful BROWNBACK). The clerk will call the scientists, including Nobel laureates, forces that are saying no to a meaning- roll. signed the Scientists’ Statement on ful treaty. We have to lay out a The assistant legislative clerk pro- Global Disruption, which reads in part proactive, positive agenda which ceeded to call the roll. that the accumulation of greenhouse makes it crystal clear that energy effi- Mr. WELLSTONE. Mr. President, I gases commits the Earth irreversibly ciency and renewable energy and clean ask unanimous consent that the order to further global climate change and technologies will create many more for the quorum call be rescinded. consequent ecological, economic and small businesses and many more jobs The PRESIDING OFFICER. Without social disruption. for our country. This marriage between objection, it is so ordered. Mr. President, I believe as a Senator our economy and our environment Mr. WELLSTONE. Mr. President, I from Minnesota that we have reached a would respect the environment, respect ask unanimous consent that my re- point where unduly delaying action on the economy, and would give us an en- marks be considered a part of morning reducing greenhouse gas emissions is ergy policy that is much more produc- business. foolhardy and it is tantamount to be- tive and positive, while helping us to The PRESIDING OFFICER. Without trayal of our future generations. We build and sustain our communities and objection, it is so ordered. know what this is going to do. The con- our country. f sequences can be catastrophic for our I am disappointed in the position the country and for the world, and I believe President seems to have taken on tar- A GLOBAL WARMING CHALLENGE that the President and the United gets and timetables for climate change Mr. WELLSTONE. Mr. President, I States of America have to do better in action. I hope as we move forward to- would like to comment on what is a addressing this challenge. ward an international treaty, our coun- challenge unique in human history What has saddened me about this de- try will take a stronger negotiating po- that we face as a nation, and I am talk- bate is that I believe we should be sition. We need to be the leaders of the ing about global warming. It is unique below 1990 levels certainly before the world in meeting what I think is per- because we have to make important de- year 2010. I believe our country should haps the most profound environmental cisions without a visible crisis staring make a commitment to meeting these challenge which we have ever faced. us in the face. kind of targets. I think the evidence Mr. President, I yield the floor. I sug- In the 1970’s, we had the long gas shows that as opposed to being on the gest the absence of a quorum. lines, we had two oil price shocks, the defensive, we should be proactive, and The PRESIDING OFFICER. The taking of hostages by a revolutionary the very bridge the President talks clerk will call the roll. mob in Iran, and that spurred our Na- about building to the next century is The legislative clerk proceeded to tion to reduce its reliance on oil. And going to be a bridge that combines a call the roll.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10921 Mr. BAUCUS. Mr. President, I ask sured to become a military power. On China, keeping our market to Chinese unanimous consent that the order for weapons proliferation, if India and goods more open than any other in the the quorum call be rescinded. Pakistan develop nuclear missiles, world. The PRESIDING OFFICER. Without China will suffer from it a lot more This is not acceptable. It is wrong objection, it is so ordered. than we would. when Chinese shoe companies can sell Mr. BAUCUS. Mr. President, I ask Environmental issues are another to Montana but Montana wheat farm- consent to speak as in morning busi- matter. We both need to ensure sus- ers cannot sell to China. We should ex- ness. tainable management of fisheries and pect China to be as fair and open to us The PRESIDING OFFICER. Without to address air pollution and acid rain as we are to them. And we should offer objection, it is so ordered. problems caused by the boom in Chi- an incentive to do that. Specifically, f nese power production. We also must we should make MFN status perma- work much closer together to do our APPROACHING THE CLINTON- nent when China comes up with a good best to protect biodiversity and pre- JIANG SUMMIT WTO package. But we should also be vent large-scale climate change. One clear that we cannot wait forever. Mr. BAUCUS. Mr. President, next concrete proposal that will help in this Our 5-year bilateral trade agreement week Chinese President Jiang Zemin area, if the public reports that China negotiated in 1992 is about to be com- will arrive for his first State visit, the has agreed to our proposals on nuclear pleted. And if the pace of the WTO first State visit by a Chinese leader in proliferation are accurate, is opening talks does not pick up soon, we should 12 years. As this visit approaches, I rise up civil nuclear technology sales. use our retaliatory trade law, section to discuss our China policy and the A number of domestic Chinese issues 301, to win a broad successor to it. things we might hope to see from this also fall into this area. Helping China On human rights, while we should event. establish a broad rule of law will con- seek common ground and recognize Let me begin with the broad goals of tribute to our human rights goals. where China is doing better, we should our Asia policy. I think they are clear. Labor safety is a second case where also not shrink from bringing up the First, a peaceful Pacific. Second, open we could contribute to China’s own ef- tough issues. The time is past when trade. Third, joint work on problems of forts to improve factory safety and im- these questions could be considered mutual concern like environmental prove the lives of many ordinary Chi- strictly domestic concerns. We should problems and international crime. And nese; and helping Chinese farmers take bring up individual cases of political fourth, progress toward respect for advantage of cleaner pesticides, mod- prisoners, ask for talks with the Dalai internationally recognized human ern agricultural technologies, and an Lama and Red Cross access to Chinese rights. up-to-date infrastructure is a third. prisons. If the Chinese want us to stop Generally speaking, our Asian policy We also clearly have some disputes sponsoring resolutions at the U.N. has helped move us toward these goals. with China. We should not make them Human Rights Commission, they need We have a permanent military force in the whole focus of our relationship, but to show some understanding of our the Pacific which, coupled with strong neither should we try to duck them. concerns and the world’s concerns on alliances with Japan and South Korea, At times we will need simply to un- these issues. Thailand, the Philippines, and Aus- derstand one another’s positions and tralia, has helped to keep the peace for agree to put off disagreements into the THE ISSUES: LOOKING TO THE FUTURE 20 years. While we have a lot of work future. A third set of issues may be the most ahead on Asian trade, our work has Taiwan policy has been handled rea- important of all, especially as we ap- produced over $100 billion in export sonably well in this manner for the proach a state visit and a summit. growth, an increase of 70 percent. That past few decades. Perhaps with some These are the issues we will face in the is since 1991. We are beginning to adopt adjustments in detail, we should con- years ahead, and where mutual under- a more systematic approach to the re- tinue that policy. standing beforehand is crucially impor- gion’s growing environmental prob- Likewise, China has recently ex- tant. lems, and can cite the democratization pressed some unhappiness with our sta- The most important of all will be Ko- of the Philippines, Thailand, Taiwan, tioning of troops in Asia. They need to rean unification. I recently visited and South Korea as human rights suc- understand that the issue is between us North Korea. Hunger is widespread and cess stories. on the one hand and Japan and Korea chronic. Economic life in Pyongyang is Where does China fit in? China is the and our allies on the other. It is not on at a standstill, with broken down largest country in Asia, the fastest the table for discussion. streetcars in the middle of the road, growing economy, the largest military In other areas we should expect to do empty streets and darkened buildings. power, and the Asian nation with better. We seem to be doing well in nu- And officials there offered no proposals which our relationship has been most clear proliferation. It is my hope that for change other than planting more volatile during this decade. If we can the President will seal that achieve- trees to prevent erosion. establish a stable, workable relation- ment by certifying China as in compli- This cannot continue forever. Wheth- ship with China, all of our goals will ance in the nuclear area, and open up er it results from a violent collapse, come closer to realization. If we can- civil nuclear power trade with China. peaceful if belated reform, or even a not, both Americans and Chinese, and On missiles and chemical weapons, we desperate attack on the south, change other Pacific nations, will suffer a see less thus far. And while I do not re- is sure to come on the Korean Penin- great deal. gard sanctions as a tool appropriate for sula. There will be no belligerent, Next week’s summit offers us a every issue on the table with China— autarkic regime on the Korean Penin- chance to make a start. Following it and I do not believe Congress should be sula. must be a work program focusing on a passing broad new sanction laws—these And as Koreans sort out their own fu- very practical agenda. And as we ap- are areas where we should use targeted ture, we will have to make some very proach the summit, I think we can help sanctions if necessary. We did this last serious security and economic deci- ourselves by putting the issues we spring in the case of the sale of chem- sions in a very short period of time. must address in three broad categories. ical weapons precursors involving a They will involve American troop They are: mutual interests, areas of Nanjing company. If it happens again, movements and a crisis on the Chinese dispute, and issues we will face in the we should use tougher penalties. border. And we need to ensure before- future. Trade is another example. Despite hand, through intensive discussions First are the areas where we have the optimism of United States busi- with China, Russia, Japan, and South mutual interests. ness, since 1980 our exports to China Korea, that our policies do not bring us Regional security is one case. We have grown more slowly than our ex- into unnecessary disputes or conflicts must work with China to maintain ports to any other major market, with China or any of Korea’s neighbors. peace in Korea. Both countries want to whether it be Canada, Japan, Europe, We can all think of other issues. avoid a conflict over Taiwan. We need Mexico, or ASEAN. Meanwhile, we They include the effects of very rapid to ensure that Japan does not feel pres- have been tremendously generous to financial flows on fast-growing regions,

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10922 CONGRESSIONAL RECORD — SENATE October 22, 1997 the potential of newly developed tech- called the drug caucus of the U.S. Sen- They are indicative of what is hap- nologies to spur terrorism and orga- ate, I periodically report to the Senate pening across the country. They are nized crime. And the vulnerability of on trends in the use of drugs and the happening because we have lost our the new states on China’s western bor- dangers thereof that go on in our soci- fear of drugs. We have let our guard der to civil war and religious fanati- ety. down. Into that environment drug cism, which we hardly think about but This month of October in my State of pushers and drug legalizers have which the Chinese Defense Minister Iowa is called Drug-Free Month. I want stepped in to do their own song and told me last winter was, together with to bring my colleagues’ attention to dance. They are making gains; we are Korea, the most serious security issue this fact and the reason for it. Iowa has losing ground. And it is the kids who China faces today. only 2.8 million people. As you know, it are paying the price. is largely a rural State. Des Moines, IF THINGS GO WRONG ANYWAY Two very important concerns are our largest city, numbers fewer citi- One final point. China policy does not being missed. The first is the serious zens than one of the suburbs of some of exist in a vacuum. We should do our nature of the growing drug use among our Nation’s big cities. There are more kids. The second is the growing tend- very best to make this relationship people in the Los Angeles area or Chi- work. But we cannot predict the course ency to regard this trend with compla- cago than in all of my State of Iowa. cency, or worse, to go along with the China will take. And so, as we think We are a closely knit community, about China policy, we must also think drift into a de facto legalization of dan- proud of our commitment to families gerous drugs. The last time we as a about broader Asian policy. and the virtues of self-reliance, hard If we manage our alliances with country did this we landed ourselves work and personal responsibilities. into the midst of a major drug epi- Japan, South Korea, Southeast Asia, These facts, however, do not mean and Australia well; preserve our com- demic. We were just beginning to dig that Iowa is isolated from the main- ourselves out from the 1970’s and 1980’s. mitment of troops in the Pacific; and stream or provincial in its thinking. Now it seems the earlier lessons are protect our own economic and techno- This also does not mean that Iowa is forgotten. logical strength, we will be able to han- free of the problems that beset States dle whatever lies ahead. There is no way to put a happy face with larger cities and more people. We, on what is happening. It is not hard to CONCLUSION in Iowa, unfortunately, see our share of describe. It is not difficult to under- But I believe we can do better than gang violence and teen drug use. In- stand. It is not beyond our power to do deed, Iowa shares in the growing drug that. I have met this year with a num- something about it. Yet what is hap- problems among the young, the same ber of Chinese officials, including the pening is happening right under our that troubles the rest of the Nation. President as well as senior military of- very noses, and to date what we are The fact that this problem reaches be- ficers and trade officials. And I think doing about it is not working. This is yond our larger States and beyond our the Chinese on the whole are pragmatic what is happening: people who understand the importance big cities into our rural heartland Between 1992 and 1995, marijuana use should tell us something about the far- of this relationship to their own coun- among kids aged 12 to 17 has more than reaching nature of our national—and I try. And I believe they are interested doubled—from 1.4 million to 3.1 mil- emphasize national—drug problem. in working with us to set it right. lion. More than 50 percent of the high So as this summit approaches, we According to recent numbers from my State of Iowa, as many as 11 per- school seniors have used drugs before have a great opportunity to set our re- graduation; 22 percent of the class of lationship with China on the right cent of our high school seniors are reg- ular users of marijuana. This number is 1996 were current users of marijuana. course to create a stable, long-term re- LSD use by teens has reached record lationship that contributes to our up dramatically from just a few years ago. This number is growing as more levels. Evidence indicates that the cur- goals: peace, prosperity, environmental rent hard-core addict population is not protection, and human rights. It is a kids at even younger ages no longer see using heroin as risky or dangerous. In declining. great chance, and we must not miss it. Hospital emergency room admissions Because the issues dividing us may be the last few years, the number of reg- ular users has grown steadily, whether for cocaine-related episodes in 1995, the many and complex. But the basic last year for which there is complete choice is simple. China will be there for it is in Iowa or across the country. In addition, we know from experience and information, were 19 percent above the a long time. So will we. And both gov- 1992 levels. Heroin admissions in- ernments can either try their best to research that as marijuana use goes up, so does drug use of other varieties. creased almost 60 percent. Drugs of get along, or all of us can suffer the every sort remain available and of high consequences. We now have a major problem in my State of Iowa in methamphetamine. quality at cheap prices while the social It’s just about that simple, and that This problem has exploded in just the disapproval has declined, especially important. last few years, paralleling the trend in among policy leaders and opinion mak- Thank you, Mr. President. I yield the the West and the rest of the Midwest. ers. floor and suggest the absence of a Reports of treatment episodes for meth Hollywood and the entertainment in- quorum. problems in my State of Iowa soared dustry are back in the business of glo- The PRESIDING OFFICER. The over 300 percent between 1994 and 1995. rifying drug use in movies and on TV. clerk will call the roll. The trend continues. Just as troubling There is a well-funded legalization ef- The legislative clerk proceeded to is the effort by the criminal gangs to fort that seeks to exploit public con- call the roll. site the labs that produce and sell this cerns about health care issues to push Mr. GRASSLEY. I ask unanimous poison to our kids in Iowa. This is drug legalization, most often under the consent that the order for the quorum something that we are seeing through guise of medical marijuana. call be rescinded. the West and Midwest, and the problem Opinion polls among kids indicate The PRESIDING OFFICER (Ms. COL- is moving eastward. that drugs and drug-related violence LINS). Without objection, it is so or- The lab problem is a double wham- are their main concerns. They also dered. my. The labs produce a dangerous drug make it clear that drugs are readily Mr. GRASSLEY. Madam President, I that poisons the hearts and souls of our available in schools, and the kids as ask unanimous consent to address the kids and then they create a very dan- young as 9 and 10 years are being ap- Senate as in morning business. gerous environmental hazard requiring proached by drug pushers in school or The PRESIDING OFFICER. Without cleanup wherever the labs are found. on the way to school. objection, it is so ordered. Cleanup is risky, dangerous, costly. This is only part of what is hap- f Many of our local fire and police de- pening. Taken together, what these partments lack the resources or the things indicate is that we are experi- DRUG-FREE IOWA MONTH training to deal with the problem of encing a rapid increase in teenage drug Mr. GRASSLEY. Madam President, cleaning up meth labs. use and abuse. This comes after years as chairman of the International Nar- This problem and the trends that I of progress and decline in use. These cotics Control Caucus, sometimes have noted are not unique to Iowa. changes are undoing all of the progress

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10923 that we had made during the 1980’s. If about drugs, and in drug use numbers I am extremely proud of Bobby. I feel the trend continues, our next drug epi- among kids at earlier and earlier ages. privileged to be his friend. I have cer- demic will be worse than the last one. We cannot afford this type of tainly been helped over the years by We will not only have the walking unmindfulness. his advice and by his conscience. wounded from our last epidemic—there That is why we are having Drug-Free Madam President, I ask unanimous are over 3 million hard-core addicts— Iowa Month. We need to come together consent that the article be printed in we will also have a new generation of as a community to recognize the threat the RECORD at this point. substance-dependent kids moving into and deal with it. We need community There being no objection, the article adulthood. As we learned, or as we leaders involved. We need our schools, was ordered to be printed in the should have learned during the last politicians, business, entertainment, RECORD, as follows: time that we went through this, this sports, and religious figures to be [From the Army Times, October 13, 1997] dependence is not a short-term prob- aware of the problem and engaged to ONE MAN’S FIGHT FOR A BETTER WORLD lem. For many addicts, it is a lifetime deal with it. We can make a difference, (By George C. Wilson) sentence. but that begins with awareness. It re- ‘‘Oh my God! I’m hit! My girl. She’ll kill For the communities, families, and quires an effort. It requires sustaining me. I can’t believe I’m dying on this piece of the Nation that must deal with these that effort. ground.’’ Those were the last conscious people and with the problems associ- I yield the floor. thoughts of Marine 1st Lt. Bobby Muller as ated with it, it is also often an open- I suggest the absence of a quorum. he lay bleeding on top of the hill he just ended commitment. The PRESIDING OFFICER. The taken in Quantri Province, Vietnam, in 1969. Along with this comes all the associ- clerk will call the roll. An enemy bullet had pierced this chest tum- ated violence that has made many of The bill clerk proceeded to call the bled through his lungs and severed his spinal our inner cities and suburban neighbor- roll. cord. hoods dangerous places. Not to men- Mr. LEAHY. Madam President, I ask He woke up in a military hospital, aston- unanimous consent that the order for ished he was still among the living. ‘‘I’m tion the medical and related costs in here!’’ his mind silently screamed at him in the tens of billions of dollars annually. the quorum call be rescinded. astonishment, ‘‘I didn’t die.’’ And all of this for something that ad- The PRESIDING OFFICER. Without Like any 24-year-old, especially a former vocates reassure us is purely a personal objection, it is so ordered. athlete, Muller inventoried his body while choice without serious consequences. f lying in the hospital bed. He discovered he was paralyzed from the chest down. He would This is one of those remarks that TRIBUTE TO BOBBY MULLER should not survive the laugh test. walk again, much less run with this old The fact that it does, however, and Mr. LEAHY. Madam President, on teammates or dance with that girl back people can somehow make light that October 13, the Army Times had an ar- home. ticle by George C. Wilson entitled ‘‘One The rest of this story could have been like personal choice of drug use is not that of so many other Vietnam veterans that something to worry about and doesn’t Man’s Fight for a Better World.’’ It is you and I have known, and perhaps helped have serious consequences is an indi- about a man I admire as much as any- get through the night. An all-consuming bit- cator of our problem in coming to one I have met in my years in the Sen- terness that eats away at everything: jobs, terms with the drug use. ate, and that is Bobby Muller, the head marriages, self-respect. Nothing matters any In the last 5 years, the record on of the Vietnam Veterans of America more. The Vietnam War, for thousands of drugs has gotten worse. Pure and sim- Foundation. young men, trivialized everything after it. ple. It’s not because we are spending The article, written by George Wil- Not so with Bobby Muller. He is one of those welcome, shinning Vietnam success any less on the effort. Indeed, the drug son in his usual definitive and exacting manner, speaks about Bobby probably stories, which I want to tell here, because it budget has grown every year. One of is both timely and timeless. Doesn’t matter the first acts of the Republican Con- far better than I could and I am going if you agree with him or not. To everyone gress was to increase the money de- to shortly ask to have the article from President Clinton, who has sought his voted to combat drugs. Yet, the num- printed in the RECORD. The reason I counsel, to the secretaries who work for him bers on drug use grow worse. want to do that—though I doubt that at the Vietnam Veterans of America Founda- One of the leading causes of that is a there are many people in Washington tion, Bobby Muller is a man committed to lack of leadership at the top. The who do not already know Bobby Mull- leaving the world better than he found it. President and First Lady in previous er, is because I hope those who read the Of late, Muller, from his wheelchair, has been the most credible and powerful voice CONGRESSIONAL RECORD will see this. administrations were visible on the arguing for ridding the world of anti-people drug issue. That is not now the case. He has been my inspiration and really land mines, which kill or maim somebody The present occupant of the White my conscience on so many issues. But somewhere every 22 minutes. Years ago, he House has put a great deal of emphasis the thing that I think sets him apart railed against the Vietnam War, calling it an on tobacco but he has been the Man from so many others is the fact that ‘‘atrocity’’ and demanded that the Veterans Who Never Was on illegal drugs. More for well over a decade he has fought so Administration stop treating the men who than this, the message about both the hard to rid the world of landmines. He got hurt in it like lepers. Many VA hospitals harmfulness and, just as important the has done it not only in this country, in really were as bad as the one portrayed in working with those of us who have the movie ‘‘Born on the Fourth of July’’. wrongfulness of illegal drug use has ‘‘People would call me a traitor,’’ he told a been allowed to disappear. I leave to sponsored and backed legislation to television audience, in recalling the reaction others to determine if the President’s ban landmine use by the United States, to his anti-war statements in the 1970s. ‘‘It’s absence is because his advisors believe but he has done it worldwide. He found- harder for me to repudiate the war,’’ the par- he has no credibility on the issue or ed the International Campaign to Ban aplegic told his detractors. ‘‘Don’t you think simply do not care. Whatever the ex- Landmines. He was its inspiration. I’d love to be able to wrap myself in the planation, the result is an ambiguous I talked with him early one morning mantle of being a hero? Don’t you think I’d message or no message. a couple of weeks ago after hearing love to be able to say that what happened to that the Nobel Committee awarded the me was for a reason—it’s a price you got to If we could have the same message pay for freedom? When I have to say what coming out of the White House on ille- Nobel Peace Prize to the International happened to me, what happened to my gal drugs as we do on tobacco, I think Campaign to Ban Landmines, which friends, what happened to everybody over we would be much further along on the was shared with its coordinator, Jody there was for nothing and was a total waste, road to victory on the war against Williams of Putney, VT. I said to that’s a bitter pill to swallow.’’ drugs. Bobby at that time how proud he must Muller did swallow the pill. It still burns in We need to be consistent in our no- be because he is the one who started his gut. But he has managed to use the burn use message on illegal drugs. To be am- this campaign, and who hired Jody to to fuel his drive, not consume it. biguous or complacent or indifferent coordinate it worldwide. Because of his ‘‘The reality of that war has stayed with me every day,’’ Muller has said. ‘‘I know sends the wrong message. The recipi- vision and the hard work of so many what it is to have people around me die. I ents of that muddled message are kids. people, in Ottawa this December some know what it is to hear the screams in the The consequences of garbled messages 100 countries will sign a treaty banning recovery room. The most important thing can be seen in changes in attitudes landmines. for me in life is dealing with those issues

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10924 CONGRESSIONAL RECORD — SENATE October 22, 1997 that come out of war. And particularly the pendence of our federal judiciary and The current vacancy crisis is having Vietnam War.’’ to urge the Republican leadership of a devastating impact on the adminis- Muller learned the hard way that he had to the Senate to move forward promptly tration of justice in courts around the mobilize not only himself, but also other on judicial nominations. I ask unani- country. Let me note a few examples: Vietnam veterans before he could take the In the Northern District of Texas, a new hills he set out to conquer. He was mous consent that a copy of the text of thrown out of the Republican convention in the President’s address be printed in family filed their lawsuit 7 years ago 1972 for shouting at President Nixon to stop the RECORD at the end of my state- and is still waiting for their day in the war. He needed comrades and soon got ment. court. them, founding the Vietnam Veterans of The PRESIDING OFFICER. Without Chief Judge J. Phil Gilbert, head of America in 1978. He left that membership or- objection, it is so ordered. trial court in the Southern District of ganization in 1980 to found and head the (See exhibit 1.) Illinois, where two of the four judge- more broadly involved Vietnam Veterans of Mr. LEAHY. I have previously in- ships are vacant, reported that his America Foundation. Nobody throws Bobby cluded in the RECORD on July 31 a let- docket has been so burdened with Muller out of anywhere anymore. ter dated July 14 to Senator LOTT from criminal cases that he went for a year White-haired but still passionate about his the presidents of seven national legal without having a hearing in a civil causes, the 52-year-old Muller has led the battle against land mines from up front. How associations similarly urging the Sen- case. That happened despite the fact would you like to be Clinton and—in refusing ate to act to preserve the integrity of that 88 percent of the cases filed in all to sign the treaty banning anti-personnel our justice system by fulfilling its con- Federal trial courts were civil, while land mines—pit your thin credibility and bu- stitutional responsibility to expedite only 12 percent were criminal in 1996. reaucratic rhetoric against such penetrating the confirmation process for federal In California, one family’s 1994 law- statements as these from Muller, who had a judges so that longstanding vacancies suit against police, filed after the fam- mine blow up near him before he was shot in could be filled. These bar association ily’s 14-year-old child was killed in a Vietnam: presidents noted the ‘‘looming crisis in police chase 6 years ago, is still pend- Land mines, mostly our own, were ‘‘the the Nation brought on by the extraor- ing. single leading cause of casualties’’ to U.S. In Oregon, the Federal courts has service people in Vietnam. ‘‘Land mines are dinary number of vacant federal judi- not a friend to the U.S. soldier. They are a cial positions.’’ stopped doing settlement conferences, threat to the U.S. soldier. The Pentagon is Last month also saw the publication an invaluable tool for resolving claims institutionally incapable of giving up a of a report by People for the American before trial, because of the unavail- weapon.’’ Way entitled ‘‘Justice Delayed, Justice ability of judges. I don’t fault the Joint Chiefs of Staff for Denied: The Right Wing Attack on the Due to vacancy problems, the district fighting to keep their weapons, including Independent Judiciary.’’ This report court in San Diego is holding only 10 certain types of land mines. That’s their job. concludes that the campaign attacking civil trials per year. And it was ever thus. But it’s the president’s the legitimacy of the judiciary and In Florida, to reduce an expected job to stand up to the chiefs if the Mullers of pressuring the Senate not to process backlog of 4,400 cases, 10 district court the world have the more persuasive case. the judicial nominees of the President judges have announced that they will ‘‘I can’t tolerate a breach with the Joint hold a 3-month marathon session in Chiefs,’’ Muller says Clinton told him. You is resulting in the judiciary not having can, and should, Mr. President. You’re our the judges it needs to fulfil its respon- Tampa next year. only commander in chief. And Bobby won’t sibilities: In the Ninth Circuit Court of Ap- let you forget it as he takes this new hill. Dockets are backing up, cases are going peals, for which the Senate has found Mr. LEAHY. Madam President, there unheard for years at a time, justice is being time to include as a rider on an appro- is much more I could say about Bobby delayed. In the end, the right wing’s cam- priations bill a politically inspired plan paign has increased the risk that the law Muller, but I know what would happen to split the circuit but not to fill any will not be enforced because there are two of the 10 vacancies that plague that if I went on longer. I would hear from few judges to enforce it. him and he would chastise me for Court, 100 oral argument panels and 600 During the week of September 22 hearings were canceled this year due to praising him, because Bobby always through September 26, National Public finds others to praise. I have probably lack of judges. As a result, it takes a Radio broadcast a series of five reports year after closing briefs have been filed risked that already, but I want people on the federal judge shortage by cor- to know that this is a man who has to schedule oral arguments. respondent Nina Totenberg. Chief Judge Ralph Winter testified done so much for the world and a man When a U.S. attorney can refer to the that the Second Circuit Court of Ap- who should feel so honored by what he lack of courtrooms and Federal judges peals expects to include a visiting did to create the International Cam- as a bottleneck in the criminal justice judge on 80 percent of its panels over paign to Ban Landmines and by its re- process and the chief judge of a Federal this year in light of the four unfilled ceipt of the Nobel Peace Prize. district court can acknowledge that vacancies on that court and its bur- f the court is so overwhelmed with geoning workload. criminal cases that it is operating like REPUBLICAN ATTACKS ON THE Across the country, the number of an assembly line, that cases are not active cases pending for at least 3 years INDEPENDENCE OF THE FED- given the attention that they deserve ERAL JUDICIARY jumped 20 percent from 1995 to 1996, and that you know that you’re making and there are now more than 16,000 Mr. LEAHY. Madam President, last a lot of mistakes with—because of the Federal cases older than 3 years. month, the President of the United speed, we have reached a crisis. That is These are real life examples of the States devoted a national radio address not American justice, that is not the harm caused by the irresponsible lack to the threats being posed to our fed- Federal justice system on which all of of action by this Senate in considering eral judiciary by the campaign of in- us rely to protect our rights while en- highly qualified judicial nominations. timidation, including the stall in con- forcing the law. It is time for the Senate to fulfil its firming judicial nominees for the al- I have addressed the Senate on this constitutional responsibility to con- most 100 vacancies that persist nation- problem on a number of occasions al- firm the Federal judges needed for the wide. It is a sad day when the Presi- ready this year, including March 19, effective administration of justice. dent must remind the Senate of its March 20, April 10, May 1, May 14, May Judge Stephen Trott, formerly a constitutional responsibilities to con- 23, June 16, July 31, September 4, Sep- high-ranking Reagan appointment in sider and confirm qualified nominees tember 5, September 11, September 25, the Department of Justice, included to the Federal bench. I regret that we September 26, October 9, and October the following summary of the situation have reached this point. 21. I have spoken of it at meetings of in which the ninth circuit finds itself The President’s address was an im- the Judiciary Committee on March 6, in light of the Senate’s unwillingness portant one. I hope that his call for an April 17, May 22, June 12, July 10, July to consider nominees to fill the vacan- end to the intimidation, the delay, the 31, September 18 and October 9 and in cies that plague that court in an opin- shrill voices of partisanship will be Judicial Committee hearings on March ion that he wrote early this year: headed. I will continue to do all that I 18, May 7, June 25, July 22, September With nine [now ten] vacancies out of twen- can to defend the integrity and inde- 5, and September 30. ty-eight authorized judges in the United

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10925 States Court of Appeals for the Ninth Circuit Ann Aiken, James Beaty, Richard these nominations having been pending . . . one wonders how Congress and the Presi- Caputo, William Fletcher, Bruce since at least 1996; 5 have been pending dent expect us promptly to process our ever Kauffman, Stanley Marcus, Michael since 1995. increasing 8,000-plus caseload. . . . Our cur- Early this year, Chairman HATCH rent 9 [now 10] vacancies mean we will proc- McCuskey, Margaret McKeown, Susan ess 1,500 fewer cases this year than we could Oki Mollway, Margaret Morrow, Rich- worked hard to bring the nomination with a full bench. To the litigants who wait ard Paez, Anabelle Rodriguez, Michael of Merrick Garland to a vote. He gave in line for us to resolve their disputes, this Schattman, Christina Snyder, Clarence that nominee his strong personal en- unnecessary disability is unpardonable. . . . Sundram, Hilda Tagle, Jame Ware, and dorsement and fought for him. After an In a country that prides itself on being a na- Helene White, who are pending before 18-month delay over 2 years, that out- tion of laws rather than just a nation of the Senate eager to get to work and fill standing nominee was finally con- leaders, and which exalts the rule of law as them. firmed 77 to 23. During that debate, the the appropriate method of resolving con- troversies, we must do better in keeping our We have seen 115 judicial vacancies Christian Coalition circulated a letter civil and criminal justice system able with- over the course of this year. The Sen- opposing this outstanding nominee. out unnecessary delay to deliver to the Peo- ate has seen fit to confirm only 21 Senator HATCH concluded the debate on ple the important promises of our Constitu- nominees. More than 50 additional the confirmation of Merrick Garland tion. nominees remain pending in committee observing that he was sick of those In light of all of this, I was surprised and before the Senate. The Senate is playing politics with judges. I agreed to read the remarks of the distin- not even keeping pace with attrition. with him then and still do. Unfortu- guished chairman of the Judiciary Since the adjournment of Congress last nately, the stall has continued and Committee in response to the Presi- year, judicial vacancies have increased some in his party have continued to dent of the United States in the by almost 50 percent. Indeed, this net play very dangerous politics with RECORD for September 29. The Senator increase in judicial vacancies, 29, still judges. from Utah referred to myths and dis- exceeds the number of judges con- In the last five rollcall votes on judi- tortions, but I do not believe that he firmed over the course of the year, 21, cial nominees, there has been a cumu- could have been referring to the state- and likely will when the Senate ad- lative total of one negative vote by a ment by the President. The President journs in November. single Senator. Five judges were con- spoke the truth. There is a vacancy cri- I have not attacked Senator HATCH firmed by unanimous rollcall votes and sis in the Federal judiciary and there is on this floor and will not today. I know one was confirmed 98 to 1. The only ju- a Republican slowdown of judicial con- that if it were up to him we would be dicial nominee to receive any negative firmations. doing better, we would have fewer judi- votes was Judge Merrick Garland of The Chief Justice of the United cial vacancies and they would have the District of Columbia Circuit. He States recognized the crisis when in his been filled more quickly. I have asked was opposed by the majority leader and 1996 end of the year report he noted: him to hold more hearings and to con- 22 other Republican Senators. He was The number of judicial vacancies can have sider nominations more expeditiously. well qualified and was confirmed. That a profound impact on the courts ability to I thought we might be seeing a confirmation took over 18 months from manage its caseload effectively. Because of change in the atmosphere in the Sen- when the Senate received the nomina- the number of judges confirmed in 1996 was ate in September. Anticipation of the tion. low in comparison to the number confirmed President’s radio address on the judi- Another of the well-qualified nomi- in preceding years, the vacancy rate is begin- ning to climb. . . . It is hoped that the Ad- cial vacancy crisis obviously reached nees who has been delayed far too long ministration and Congress will continue to the Senate. Even those who have been is Margaret Morrow. I spoke of her ear- recognize that filling judicial vacancies is holding up the confirmations of Fed- lier this week when the Senate acted in crucial to the fair and effective administra- eral judges were uncomfortable defend- less than 7 weeks to confirm the nomi- tion of justice. ing this Senate’s dismal record of hav- nee to the district court in Utah. Un- More recently, the Chief Justice ing proceeded on only 9 of the 61 nomi- fortunately, not every nominee fills a termed the rising number of vacancies nees received through August of this vacancy in the home state of the chair- on the Federal bench ‘‘the most imme- year. man of the Judiciary Committee. diate problem we face in the federal ju- As rumors of the President’s impend- In contrast to the Senate’s treatment diciary.’’ This is hardly a partisan ing address circulated around Capitol of the Kimball nomination, Margaret statement but a recognition of the seri- Hill, the Senate literally doubled its Morrow’s nomination has been pending ousness of the crisis posed by judicial confirmations from 9 to 18 in the before the Senate for over 16 months vacancies. course of 23 days in September and and pending on the Senate calendar As for the slowdown, there are cur- forth first time all year achieved the awaiting action for more than 7 rently 27 judicial vacancies that the snail-like pace of confirming 2 judges a months. Administrative Office of the United month while still faced with almost 100 Last year this nomination was unani- States Courts terms judicial emer- vacancies. mously reported by the Judiciary Com- gencies because they have been vacant September was the only month all mittee and was left to wither without for more than a year and one-half. Last year that the Judiciary Committee action for over 3 months. This year, year the President had sent 15 nomi- held two confirmation hearings for ju- the committee again reported the nom- nees to the Senate to fill judicial emer- dicial nominees during a single cal- ination favorably and it has been pend- gencies and all were returned without endar month. ing for another 4 months. There has action at the end of the year. Following the wave of attention gen- been no explanation for this delay and This year, after months of delay, the erated by the President’s address, how- no justification. This good woman does Senate finally filled judicial emer- ever, the Republican majority has re- not deserve this shameful treatment. gencies by confirming the nominations verted to its prior destructive course Senator HATCH noted in his recent of Merrick Garland, Colleen Kollar- and the Judiciary Committee has yet statement on September 29 that he will Kotelly, Eric Clay, Arthur Gajarsa, to hold a hearing for any of the more continue to support the nomination of Henry Harold Kennedy, Jr., Joseph than 40 nominees who have yet to be Margaret Morrow and that he will vote Battalion, Katherine Sweeney Hayden, according hearings this year. for her. He said: ‘‘I have found her to be Richard Lazzara, Marjorie Rendell, and The President has sent the Senate 73 qualified and I will support her. Un- Richard C. Casey. Some of these nomi- judicial nominations so far this year. doubtedly, there will be some who will nations were pending before the Senate The Senate has confirmed 21 judges. not, but she deserved to have her vote for periods of 18 months, 12 months, 16 From the first day of this session of on the floor. I have been assured by the months, 16 months, 19 months, and 17 Congress, the Judiciary Committee has majority leader that she will have her months. never worked through its backlog of vote on the floor. I intend to argue for Still, the Federal judiciary and nominees and has never had pending and on her behalf.’’ American people face a record number before it fewer than 20 judicial nomi- I have looked forward to that debate of judicial emergency vacancies and nees awaiting hearings. The Commit- since June 12 when she was favorably await action on the nominations of tee’s backlog has doubled, with 10 of reported to the Senate for a second

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10926 CONGRESSIONAL RECORD — SENATE October 22, 1997 time. This is a nomination that has row to be a district court judge for the EXHIBIT 1 been pending for far too long and that Central District of California. RADIO ADDRESS OF THE PRESIDENT TO THE NATION has been stalled here on the floor twice Madam President, the reason I say The PRESIDENT. Good morning. I want to over 2 years without justification. that I am concerned that the President Meanwhile, the people served by the talk this morning about a very real threat to had to speak to this is that we should District Court for the Central District our judicial system. For more than 220 years not have to be reminded of our con- of California continue to suffer the ef- our nation has remained young and strong stitutional duties. Indeed, the Presi- by meeting new challenges in ways that fects of this persistent vacancy—cases renew our oldest values. Throughout our his- are not heard, criminal cases are not dent was right in reminding us of this. I have served here now with numerous tory our judiciary has given life and meaning being tried. This is one of the many va- to those values by upholding the laws and cancies that have persisted for so long majority leaders—Senator Mike Mans- defending the rights they reflect, without re- that they are classified as judicial field of Montana, Senator ROBERT C. gard for politics or political party. emergency vacancies by the Adminis- BYRD of West Virginia, Senator Howard That is the legacy of the judicial system trative Office of the U.S. Courts. There Baker of Tennessee, Senator Robert our founders established, a legacy we re- called this Thursday on the 40th anniversary are four vacancies in the court for Los Dole of Kansas, Senator George Mitch- ell of Maine—and all of these leaders of of the court-ordered desegregation of Little Angeles and the Central District of Rock Central High School. California. Nominees have been favor- both parties are strong partisans for But in the past 18 months this vital part- ably reported by the Judiciary Com- their parties, but all shared the respon- nership has broken down as the Senate has mittee for both of the judicial emer- sibility as majority leader that there refused to act on nomination after nomina- gency vacancies in this district but are certain things the Senate must do, tion. And in federal courthouses across both Margaret Morrow and Christina and it is the responsibility of the lead- America, almost 100 judges benches are er to see that the Senate does it. One of empty. In 1996, the Senate confirmed just 17 Snyder have been stalled on the Senate judges—that’s the lowest election-year total calendar. those things, of course, is to see that in over 40 years. This is a district court with over 300 the Senate votes on Presidential nomi- This year I’ve already sent 70 nominations cases that have been pending for longer nations to the Federal bench. Now, to Congress, but so far they’ve acted on less than 3 years and in which the time for every Senator can vote against any than 20. The result is a vacancy crisis in our disposing of criminal felony cases and nominee. Every Senator has that right. courts that Supreme Court Chief Justice the number of cases filed increased They can vote against them this com- William Rehnquist warned could undermine over the last year. Judges in this dis- our courts’ ability to fairly administer jus- mittee and on the floor. But it is the tice. trict handle approximately 400 cases a responsibility of the U.S. Senate to at Meanwhile, our courts are clogged with a year, including somewhere between 40 least bring them to a vote. It is our re- rising number of cases. An unprecedented and 50 criminal felony cases. Still these sponsibility under the Constitution, it number of civil cases are stalled, affecting judicial vacancies are being perpet- is our responsibility to the Senate the lives of tens of thousands of Americans— uated without basis or cause by a Re- itself, it is our responsibility to the from the family seeking life insurance pro- publican leadership that refuses to vote ceeds, to the senior citizen trying to collect American public not to allow 1 Senator Social Security benefits, to the small busi- on these well-qualified nominees. to determine for all 100 Senators I am told that last week a Repub- ness protecting its right to compete. In our whether a person will be confirmed to a criminal courts nearly 16,000 cases are lican Senator announced at a speech Federal judicial position or not. All caught in limbo, while criminals on bail before a policy institute that he has a Senators should be allowed to vote, and await punishment and victims await justice. hold on the Morrow nomination. A today they are not. Our sitting judges are overloaded and over- press release stated that he had placed worked, and our justice system is strained to a hold on Margaret Morrow’s nomina- We really have not done our job as the breaking point. tion because he wants to ‘‘be able to Senators. We have not fulfilled our re- The Senate’s failure to act on my nomina- debate the nomination and seek a re- sponsibility to the Constitution. We tions, or even to give many of my nominees corded vote.’’ I, too, want Senate con- have not fulfilled our responsibility to a hearing, represents the worst of partisan this body. We have not fulfilled our re- politics. Under the pretense of preventing so- sideration of this nomination and am called judicial activism, they’ve taken aim prepared to record my vote. sponsibility to advise and consent. And at the very independence our founders After being on the Senate calendar we certainly have not fulfilled our re- sought to protect. The congressional leader- for a total of 7 months, this nomina- sponsibility to the American people or ship has actually threatened sitting judges tion has been delayed too long. I be- the Federal judiciary. with impeachment, merely because it dis- lieve all would agree that it is time for I hope we might reach a point where agrees with their judicial opinions. Under this politically motivated scrutiny, under the full Senate to debate this nomina- we as a Senate will accept our respon- tion and vote on it. I have inquired ever-mounting caseloads, our judges must sibility and vote people up or vote struggle to enforce the laws Congress passes about a time agreement but gotten no them down. Bring the names here. If and to do justice for us all. response. Now that an opponent has fi- we want to vote against them, vote We can’t let partisan politics shut down nally come forward to identify himself, against them. But time after time after our courts and gut our judicial system. I’ve I look forward to a prompt debate and time I hear that there are vacancies worked hard to avoid that. And the people I’ve nominated for judgeships and had con- a vote on this nomination in accord- where people are really concerned, a ance with the apparent commitment of firmed have had the highest rating of well lot of Senators have a concern about qualified from the American Bar Association the majority leader. I look forward to this person. Then we come to a vote that debate. I ask again, as I have done of any President since these ratings have and 99 out of 100 Senators or all 100 been kept. repeatedly over the last several Senators vote for that person. So today I call upon the Senate to fulfill months, why not now, why not today, its constitutional duty to fill these vacan- why not this week? This is not a fair way to do it. This cies. The intimidation, the delay, the shrill I again urge the majority leader to is not being responsible. This is some- voices must stop so the unbroken legacy of call up the nomination of Margaret thing, frankly, as I have said to my our strong, independent judiciary can con- Morrow for a vote. She has suffered good friend, the majority leader, and tinue for generations to come. This age de- enough. The people of the Central Dis- he is my good friend, this is something mands that we work together in bipartisan trict of California have been denied that none of the majority leaders I fashion—and the American people deserve no less, especially when it comes to enforcing this outstanding jurist for long enough. have served with have ever allowed to their rights, enforcing the law, and pro- The chairman of the Judiciary Com- happen, Republican or Democrat. Why? tecting the Constitution. mittee said last month that he had the Because it would not be responsible. Thanks for listening. assurance of the majority leader that Why? Because it affects the adminis- The PRESIDING OFFICER. The Sen- she will be called up for a vote but nei- tration of justice. Why? Because it fails ator from Missouri is recognized. ther has said when that will be. I hope our responsibility to the American Mr. ASHCROFT. Madam President, I that the majority leader will proceed public. Why? Because it is beneath the suggest the absence of a quorum. to the consideration of this nomination Senate of the United States. We should The PRESIDING OFFICER. The and that he will support Margaret Mor- get on with the process. clerk will call the roll.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10927 The assistant legislative clerk pro- propriations bill. In that appropria- As a matter of fact, I think there is ceeded to call the roll. tions measure are a number of impor- a role for Government, but I am not Mr. ASHCROFT. Madam President, I tant things that relate to the future of sure about a uniformity that comes ask unanimous consent that the order the country. I submit, however, that from Washington, DC, that ignores or for the quorum call be rescinded. none are more important than the displaces the responsibility of parents The PRESIDING OFFICER. Without components of this measure that relate and local school boards and teachers at objection, it is so ordered. specifically to the education of young Mr. BYRD. I ask unanimous consent Americans. If I were to try to rank the the local level. that upon the conclusion of the re- responsibilities of a culture, I would In my previous opportunities for pub- marks by the distinguished Senator have to rank very close to the top of lic service, I had responsibilities at the from Missouri, Mr. ABRAHAM be recog- the list the responsibility to prepare State level. I was Governor of the nized to speak for not to exceed 10 min- the next generation to be successful State of Missouri for 8 years, and edu- utes; that he be followed by Mr. and to survive. I suppose survival is cation was one of our top priorities. We BREAUX for not to exceed 7 minutes; more important than success, but the wanted to do what we could to make that he be followed by the Senator idea that we have to prepare the next sure that we got the best achievement. generation is a very important idea, from West Virginia, Mr. BYRD, for not After all, we did not necessarily want and we want to do more than just pre- to exceed 30 minutes; that he be fol- education for the sake of the education lowed by Mr. GRAMM of Texas for not pare it for survival. I think we want to prepare it for success. community. The focal point of edu- to exceed 20 minutes; that he be fol- cation is the next generation, and how lowed by Mr. BAUCUS for not to exceed The job of preparation has been la- beled in a variety of cultures in dif- well it prepares them, and so we want 20 minutes; that he be followed by Mr. to target student achievement. We WARNER for not to exceed 20 minutes. ferent ways. I think we expect a lot of want to always be sensitive to what The PRESIDING OFFICER (Mr. the preparation to take place in the will be the operative set of conditions FAIRCLOTH). Without objection, it is so homes of America. We expect a lot of ordered. parents, and I think we have found that which will result in the greatest stu- Mr. BYRD. Mr. President, it may be over the course of time we succeed dent achievement, because if we can those last four speakers will all cut most when we expect a lot of parents get students to achieve and their prep- their remarks a little short of what and when we get high delivery from aration is high and their skill levels was included in the request. parents in terms of what happens to are strong, they will be survivors and Mr. ASHCROFT. Will the Senator young people. succeeders in the next generation. yield? Parents are not expected to do it all, They will be swimmers and not sink- Mr. BYRD. Yes. however. We have a pretty substantial ers, and that is very important. education system in the country, pub- Mr. ASHCROFT. I noted Senator One of the things that I had the op- FEINSTEIN came to the floor earlier. lic education if you will, which is de- signed to help prepare young people for portunity to do when I was Governor of Did you mean to include her in any my State was to lead the Education way? their lives in the next century. I think Mr. BYRD. I haven’t spoken with her. the way in which we address those Commission of the States. This is a Did she indicate that she wanted some issues related to education is funda- group of officials, legislators, Gov- time? mental. It is very, very important. As ernors, and school officials from every Mr. ASHCROFT. She had at one time the father of three children, all of State in America, and they come to- wanted to speak. I don’t know whether whom went to public schools, I know gether with a view toward finding ways she would want to be included. I think how important it is, and I am delighted to sort of exchange information. They it might be appropriate to name her in to say they are all doing pretty well are able to share about what is work- now, although my youngest is still in the request in the event she decided to ing in a particular jurisdiction—it is a do so. college so we want to make sure he continues that particular practice of clearinghouse. It is a way to say maybe Mr. BYRD. All right. I ask unani- you ought to try this in your locality. mous consent that at the conclusion of preparation. Perhaps it would not work there but the remarks of the Senators aforemen- Education is among the top priorities tioned, the distinguished Senator from of a culture. The preparation of one perhaps it would. What are ways we generation, the development of the California [Mrs. FEINSTEIN] be recog- can improve? skills to survive and succeed in the nized for whatever time she may con- The information we began to develop, next generation is a top priority, a top sume. at least I began to be aware of, was The PRESIDING OFFICER. Without responsibility. That is one of the rea- sons it demands our focus when the that perhaps the single most important objection, it is so ordered. operative condition in educational Mr. BYRD. I thank my friend from Federal Government starts to expand achievement by students is the in- Missouri. its participation in or indicate its in- volvement of parents. How deeply in- f tention to interfere with education as conducted at the local level. When the volved in the education progress and FURTHER CONTINUING APPRO- President of the United States in his product and projects are the parents? If PRIATIONS FOR THE FISCAL State of the Union Message this year the parents really care, if the commu- YEAR 1998 indicated that he wanted to have a nity, meaning first the family, which is The Senate continued with the con- Federally developed test, that there the fundamental building block of com- sideration of the joint resolution. would be a test given to every fourth munities, and, second, the teaching Mr. ASHCROFT. Mr. President, I rise grade and eighth grade student across to raise certain issues about the con- the country and that that test would community and, third, the larger com- tinuing resolution which is before the be used to measure the success or fail- munity, which we think of as our Senate. It is a plan to continue the op- ure of education systems around the towns or neighborhoods, if all of those eration of Government for the next country, I think a lot of us sat up and institutions assign a very high value to several weeks while we finish the ap- began to take notice. When there is education and are deeply involved in propriations process. As you well know talk about having a Federal test, a sort education and feel engaged in the edu- and as most of us are keenly aware, of one-size-fits-all test, with a group of cational experience, wonderful things there are matters that are still in con- bureaucrats in Washington deciding happen to student levels of achieve- troversy in the committees which are what would be tested and what would ment. convened between the House and Sen- not be tested and what teaching tech- I think we could all figure out that ate to try to arrive at a final appro- niques would be honored in the test priations measure or a series of final and what teaching techniques would would be the case just by using our appropriations measures that we could not be honored in the test, you begin to common sense. But we never leave ev- send to the President. raise questions about this most serious erything to total common sense when One of those contentious appropria- and fundamental part of preparing the we are considering policy. We like to tions measures is the Labor, Health next generation to both survive and have surveys and we like to have edu- and Human Services and Education ap- succeed. cation studies and control groups and

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10928 CONGRESSIONAL RECORD — SENATE October 22, 1997 the like. But it is true that when fami- in terms of your educational achieve- begin to say that you are going to test lies are deeply involved, when the local ment. Having parents that care about for a particular standard. And you culture assigns a very high value to what you are doing and that are in- begin to say we are going to make that education, when they feel they are en- volved in the educational process, that standard up in Washington—not by gaged, student achievement goes up is what drives student achievement. parents, not by local school boards, not substantially. A 1989 report found that, although by interested parties in the community Let me give you the results of a 1980 parent education level and income are at the local level—but we are going to report. It was published in ‘‘Psy- associated with higher achievement in have a group of bureaucrats in Wash- chology in the Schools’’, and it shows high school, when socioeconomic sta- ington, DC, who are unreachable, that family involvement improved Chi- tus is controlled, meaning if you will uninfluenceable by local parents, who cago elementary school children’s per- take socioeconomic status out, only are going to design a test. formance in reading comprehension. parent involvement during high school Here is the data. One year after initi- had a significant positive impact on Of course, you know in order to pass ating a Chicago citywide program achievement. So the real operative a test you have to know basically what aimed at helping parents create aca- condition of student achievement in the test is wanting and you have to demic support conditions in the home— the high school years—we already teach what the test wants. Once our in other words, involving parents in talked about the Chicago study which schools begin the process of responding the schools—students in grades 1 showed in grades 1 through 6 you had a to the drummer in Washington, DC, through 6 intensively exposed to the 50 to 60 percent improvement perform- teaching what that drummer wants in- program improved .5 to .6 grade equiva- ance—but in the high school years stead of what is wanted at the local lents in reading comprehension on the what really makes a difference is level, what is going to happen to paren- Iowa Test of Basic Skills than students whether or not there is parental in- tal involvement? How involved, how less intensively involved in the pro- volvement. engaged, how important are parents gram. The report documents that students going to feel when local school boards Now, if you really talk about an im- who enjoyed the most parental involve- are no longer relevant? How successful provement which is .5 to .6 over the ment, the students who had the most are our students likely to be when other students, you are talking about a reinforcement, the strongest input their parents lose interest because no 50 percent better performance or a 60 from their culture, the ones who had matter what they say they can’t affect percent better performance. That the parents who were most likely to be or change or direct the approach of participants, were most likely to means if normal students went up 1 their educational institutions, their year of study, these students with acti- achieve higher educational levels than schools? vated home environments and engaged their counterparts who did not have parents went up 1.5 years to 1.6 years. such involvement. I think the strong indication here is That is a real increase. I think some It’s kind of interesting. They devel- that when you start to dislocate par- of our manufacturers, if they had the oped a chart there. When parents were ents from the process and put in their opportunity to get increases of 5 per- highly involved during high school, 80 place a bureaucracy—one that is thou- cent, not 50 percent, or increases of 6 percent of their students got additional sands of miles away in many in- percent, not 60 percent, in their output, education after high school. You see stances—you pull the rug out from they would have a tremendous com- what this does for students is to ener- under student achievement. petitive edge. But here is a study which gize them. They think, ‘‘Education is The ultimate objective we are talk- says that when you actively engage important. I am going to get it. I am ing about is preparing the next genera- parents, you get massive increases in going to be involved in it.’’ When par- tion to be survivors in the next cen- the productivity in terms of the ents were only moderately involved tury; to be succeeders; to be swimmers, achievement levels of students. This during their children’s high school not sinkers. And they do that best years, 68 percent of the students went happened when there was a contract when their parents and the community on to studies after high school. When signed by the superintendent, prin- is directly involved, has confidence in cipal, teacher, parents, and student. parents were not very involved, only 56 and is engaged in the education proc- Note the involvement here. The percent continued their education after ess. The absence of parental participa- school officials, the principals, the high school. It makes a big difference. teachers, the parents, and the students. These statistics show that students tion in that is, I think, a real threat to They stipulated that parents would who have lots of involvement by their the success of our students. provide a special place for home study, parents during their high school years Let me just take you to some more that they would encourage the child by were nearly 11⁄2 times as likely to get examples. California and Maryland ele- daily discussion, attend to the stu- some postsecondary education or a BS mentary schools achieved strong gains dent’s progress in school and com- or BA degree, as students whose par- in student performance after imple- pliment the child on such points, and ents were not very involved. Further, menting partnership programs which cooperate with the teacher in providing students of highly involved parents are emphasize parental involvement. If we all these things properly. This is real more than three times as likely to ob- say to the parents, ‘‘You don’t matter, engagement by parents. More than 99 tain a bachelor’s degree than their you can’t affect curriculum, you can’t percent of the students in the 41 class- counterparts whose parents were not affect what is being taught, we are es, grades 1 through 6, held such con- very involved. This study used data going to decide all that in a bureauc- tracts that were signed by all the par- from the 1980 ‘‘High School and Be- racy in Washington, you just do as you ties. It is a clear example of the fact yond’’ national survey conducted by are told,’’ how much parental involve- that student achievement skyrockets the National Center for Educational ment are we going to be able to expect? when you have a culture at the local Statistics, particularly focusing on I think people will really respond if level which is engaged in the develop- 11,227 seniors who participated in the they have the opportunity to look ment of school improvement policies. 1980 ‘‘High School and Beyond’’ survey, carefully and participate in the devel- This study was from ‘‘School-Based and in the 1986 followup documenta- opment of curricula and the way the Family Socialization and Reading tion. Achievement in the Inner-City,’’ by H. What we really have here is a funda- schools are run. Here is the data from J. Walberg, R. E. Bole, and H. C. Wax- mental understanding that when par- California and Maryland, both of which man in ‘‘Psychology in the Schools.’’ ents are involved in education, when show strong gains in student perform- National surveys also demonstrate parents are engaged in the educational ance after implementing what are this. Listen to this: a national survey process, students achieve. What I want called partnership programs, which em- reveals that parental involvement is to point out is when you have the phasize parental involvement. A 1993 more important in high school achieve- President of the United States starting study describes how two elementary ment than is the parental level of edu- to nationalize schools by saying we are schools implemented a partnership pro- cation. going to have a test and we are going gram which emphasized two-way com- So what it is really saying is that to ask that everyone do, in school, munication and mutual support be- having smart parents is not important what will show well on this test, you tween parents and teachers, enhanced

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10929 learning both at home and school, and which is designed to increase student The hallmark of the education pro- joint decisionmaking between parents success in school by increasing paren- posals being considered by the Con- and teachers. Students at the Columbia tal involvement, student success was gress, rather than being proposed by Park School in Prince Georges County, strengthened in seven school districts the President, is a hallmark of local MD, ‘‘who once lagged far behind na- in Mississippi in 1989. Between the 1988– control and parental involvement. tional averages, now perform above the 89 school year, which was before the Look at the things that we have been 90th percentile in math, and above the program was implemented, and the discussing in the U.S. Congress. We 50th percentile in reading, after imple- 1990–1991 school year, the 27 partici- have discussed the idea of scholarships menting the Partnership Program. pating schools, which serve 16,000 ele- for District of Columbia school chil- Here is kind of an interesting thing. mentary school students, showed a 4.5- dren, giving parents more choice and There are already ways to find out percent increase in test scores over more opportunity for assigning their whether you are doing well, according control schools. So, just implementing students to schools that are productive to national averages. There are all a program for increasing parental in- and schools that are helpful to their kinds of tests that schools can imple- volvement resulted in a very important children. That is empowering parents. ment in order to find that out. increase in test scores in Mississippi. It is putting parents in the driver’s What we are really saying here is That program provided, of course, a seat instead of the nickel seats. I be- that the operative condition is not number of ways to engage parents in lieve we want parents in those front some set of new computers or new set the process of being involved in seats. of reading materials. The operative schools. We have proposed education block condition is a culture at the local level I think it is a real, serious threat to grants, which send dollars to the class- which assigns value to education and is parental involvement, local control room instead of the bureaucracy and engaged and is working to improve and a community and culture which move decisions from Washington to the education. Instead of students that cares about education when we say we local school districts. The Senate of were below the 50th percentile, they are going to take the fundamental de- the United States voted not long ago to are now operating above the 90th per- cisions about what is taught and how it send the resources to the States, where centile. That is a formula for success is taught out of local hands and we are the money could be invested in class- instead of failure. That’s a formula for going to put it into the hands of bu- rooms, where the money could be in- survival instead of difficulty in the reaucrats in Washington, DC, who op- vested in teachers, where the money next century. erate under a third level wing of the could be provided to make a real dif- Here is another example, one from U.S. Department of Education, individ- ference rather than to say that the the other end of the country. ‘‘In its uals appointed by the Secretary of power would be somehow drawn to fourth year of the [partnership] pro- Education but really accountable to no Washington, DC, or somehow provided gram, the Daniel Webster School in one. to bureaucrats in some part of the De- Redwood City, CA, shows significant Even our U.S. Department of Edu- partment of Education. gains in student achievement compared cation stated, in a 1994 report, that Here is another thing we are consid- to other schools in the district. Web- ‘‘when families are involved in their ering, A-plus accounts, that allow par- ster students have increased their aver- children’s education in positive ways, ents to save for their children’s edu- age California Test of Basic Skills children achieve grades and test scores, cation and to make choices on spend- math scores by 19 percentile points.’’ have better attendance at school, com- ing resources for education. Another thing we have been talking That means if they were at the 50th plete more homework, and dem- about is charter schools, creating inno- percentile before the partnership pro- onstrate more positive attitudes and vative schools that are run by parents gram, they were at the 69th percentile behavior.’’ That sounds like the ulti- and teachers, not a bureaucracy. at the next testing period. They did mate in what you could want. Here you We have had an effort moving schools this by having a situation in which have children who achieve higher away from bureaucracy towards more parents were directly and substantially grades and test scores, have better at- parental involvement, more and more involved. ‘‘In language,’’ the study con- tendance, they complete more home- active participation, hands-on control tinues, ‘‘most classes improved by at work and they demonstrate more posi- and engagement by parents. That is least 10 percentile points. ‘‘ tive attitudes and behavior. How do the design of what we have been talk- What I am really trying to say here you get that? You engage parents and ing about in the U.S. Congress. Then is that there is a fundamental truth the local community in building a cul- the President comes along and says no, that when local governments and local ture which reinforces student achieve- we need a program where we develop a education officials and parents are ment. test nationally. The fact of the matter working together to determine the cur- Sadly, Federal testing takes away is, if you test nationally you are going riculum and to energize student in- local control and parental involve- to drive the curriculum nationally. volvement and behavior, they produce ment. Education should be focused at You have to teach to the test, in order success rates in school which are lit- the local level, where parents, teach- to do well on a test. National testing erally phenomenal. Remember the first ers, and school boards can have the transfers power from parents and of those rates we talked about in Chi- greatest opportunity to be involved in schools to Washington. It is exactly cago? That was a 50- to 60-percent im- the development of school curricula the opposite of what we are trying to provement over the other group that and testing. The Federal Government accomplish in education. had not had as much parental involve- should not impose its will on teachers, States, educators, and scholars all ment in the local program. parents and school boards about the stress the importance of local control If we take the component of parental education of their children. We should in education decisions, and many of energy and parental involvement out of not have a dumbed-down national cur- them stress the dangers of losing such our schools by divorcing from local riculum imposed through the back door local control. Gov. George Allen of Vir- school boards the opportunities to of a national test. There are ways to ginia has developed widely acclaimed shape curricula because we have a na- test. There are ways to test at the Standards of Learning for English, tional test which requires that every- local level. There are ways to compare mathematics, science, history and so- one teach material which will help local achievement to the performance cial studies. And he stated the impor- them survive on the next national test, of individuals in other districts and tance of educational reform at the we will have done a grave injustice to across the Nation. There are tests grassroots level: the next generation. An increase in which are given across the Nation on a parent involvement leads to significant voluntary basis. The Iowa Test of Basic If there is one important lesson we have Skills, the Stanford test, and a number learned during our efforts to set clear, rig- gains in student academic achievement orous and measurable academic expectations in virtually every instance. of other tests are developed by private for children in Virginia’s public school sys- Here is one from Mississippi elemen- agencies. But they don’t impose cur- tem, it is that effective education reform oc- tary schools. According to a 1993 report riculum because they are selected at curs at the grassroots local and State level, of the Quality Education Program, the option of the schools. not at the federal government level.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10930 CONGRESSIONAL RECORD — SENATE October 22, 1997 That was in a letter sent to Congress- at the certain cost of relinquishing the A national testing program is a powerful man GOODLING on July 29 of this year. principles of states and local control weapon for the control of both purposes and Here is Theodore Sizer, a liberal crit- and of consent as these now apply to content of curriculum, no matter where in ic of the national standards agenda, the public schools.’’ the nation children are being taught, and so leads to increasing conformity and restric- who acknowledges that who sets the He points out clearly that there is a tion in curriculum. standard and controls the curriculum certain cost and the cost is giving When President Carter was consid- is crucial. Listen to Ted Sizer, a noted away your ability to control what is taught and how it is taught. ering a national test proposed by Sen- education authority: ator Pell of this body in 1977, here is The ‘‘who decides’’ matter is not a trivial This is being asked of the American citizens in spite of the fact we are what Joseph Califano, Carter’s Sec- one. Serious education engages the minds retary of Health, Education and Wel- and hearts of our youngest, most vulnerable, going to say you still have to pay for and most impressionable citizens. The state it. ‘‘Ninety-three percent of the tab is fare, warned—Joseph Califano is not requires that children attend school under still going to be yours, but we want to thought to be a person who was some penalty of the law, and this unique power make that decision.’’ kind of iconoclast, who was more inter- carries with it an exceedingly heavy burden I don’t think there is any question ested or only interested in States on policymakers to be absolutely clear as to about the fact that national tests will rights, but here is what he warned: ‘‘who decides’’ and why that choice of au- lead to a national curriculum. Acting Any set of test questions that the federal thority is just. We are dealing here with the Deputy Secretary of Education Mi- government prescribed should surely be sus- fundamental matter of intellectual freedom, pect as a first step toward a national cur- the rights of both children and families. chael Smith has said: riculum. Who decides? Theodore Sizer asks the To do well on the national tests, cur- riculum and instruction would have to That is a substantial statement from question and says it is critical. Very a Secretary of Education. He goes on to few times would we let someone decide change. So what we have here is an admission say, and this is striking: what is done who is not paying the bill, In its most extreme form— not footing the tab. I mean, we usually by those who are promoting the na- These are the words of Joseph say that the person who makes the tional test. Their admission is that Califano, President Carter’s Secretary order gets to select from the menu. they would expect to change the cur- of Health, Education and Welfare. He Local governments and parents and riculum and to change instruction in says about a national test: communities pay 92 to 93 percent of all order for people to do well on the na- the bills for elementary and secondary tional test. That is one of the reasons In its most extreme form, national control of curriculum is a form of national control of education in the United States. The I think the Missouri State Teachers Association, made up of 40,000 teachers ideas. Federal Government pays about 7 per- I find that to be a rather striking cent. In most settings, we would say in the State of Missouri, has stated: The mere presence of a federal test would statement. I don’t know whether I that the person who is picking up the would go so far as to say that, but I tab should be able to pull the items off create a de facto federal curriculum as teachers and schools adjust their curriculum think it is pretty clear that we want the menu to decide what he is getting. to ensure that their students perform well on parents and teachers and community But through the back door of a na- the tests. members and local school boards to be tional test developed by the Federal Here you have it, 40,000 classroom in charge of what is taught and how it Government, we are in the position of teachers from the State of Missouri is taught in our local schools, espe- saying to people, ‘‘Yeah, you’re going saying, ‘‘Wait a sec, thanks but no cially when they are being asked to to have to continue with your 93 per- thanks. We don’t need a nationally di- pay 93 cents out of every dollar com- cent of the cost, but we’re going to tell rected curriculum that disengages the mitted and devoted to schools. I can’t you what you have to teach and how community, that disengages the par- imagine saying to the parents, ‘‘You you have to teach it; we’re going to tell ents, that disengages the local school don’t matter anymore.’’ I really don’t you we know better than you do, and board, principals and teachers and like what that says to children when we’ll be able to figure out from a thou- mandates from Washington what to we tell them, ‘‘Really, the kind of deci- sand miles away in a conference room teach and how to teach it.’’ sions about your future are so impor- in Washington what is better for you Test researchers George Madaus and tant we have to relegate them to Gov- and your family and your community Thomas Kellaghan point out that some ernment in Washington, DC; we can no than you will.’’ advocates for national tests advance longer trust your parents to make We have kind of gotten the genius of the argument that ‘‘a common na- those kinds of decisions.’’ the democracy inverted. The genius of tional examination would help create I think all of us know we want to say a democracy is not that the Govern- and enforce a common national core to children in their school system, ment would impose its values on the curriculum,’’ and that ‘‘national ex- ‘‘Respect your parents; there are citizens, it is that the citizens tell aminations would give teachers clear things you can learn from your par- Washington what to do. I think in this and meaningful standards to strive for ents, and if your parents are engaged instance, the citizens ought to say to and motivate students to work harder with you in a partnership for learning, Washington, ‘‘Wait a second, we are by rewarding success and having real your test scores and your achievement picking up 93 percent of the bill here, consequences for failure.’’ will go up and your life will have a we should make the decisions and we What that really means is, if they are higher quality.’’ can make the decisions and we can giving them a common national exam- It puzzles me to think that the Presi- make them effectively. To yield to the ination and help enforce a common na- dent of the United States is suggesting bureaucrats in Washington, DC, the tional core curriculum, then the local that we should go to a national testing right to say what is going to be taught level is no longer respected. It means operation which would, as a matter of and how it is going to be taught in our that individuals at the local level are fact, drive curricula, and begin to take schools, no thank you.’’ It would be a no longer meaningful. How long can we that control away from the local gov- disaster. As a matter of fact, it has expect parents to stay engaged and to ernmental entities and deprive parents been known and understood to be a bad be active participants and to endorse of their participation in the develop- idea for a long time. Nearly 30 years and reinforce what their children are ment of educational opportunities for ago, education Professor Harold Hand doing if the parents are told, ‘‘No their young people. accurately framed the issue when dis- thanks, we don’t care for your input, There is a fundamental responsibility cussing whether the Federal Govern- we’ll settle this with a group of folks of our culture to help provide a basis ment should institute a national test- behind closed doors in a bureaucracy in through education for the survival of ing program. Washington, DC.’’? our children in the next century. If we ‘‘The question before us then,’’ Pro- Prof. Harold Hand, speaking on be- do that effectively, we will be success- fessor Hand said, ‘‘is whether the na- half of the Association for Supervision ful as a culture. But if we destroy the tional interest would be best served by and Curriculum Development in oppo- capacity of our young people to do well embarking on a national achievement sition to the development of national by nationalizing our schools and pull- testing program in the public schools tests, said: ing the rug out from under those who

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10931 would otherwise at the local level be what will be taught and how it will be ruses in history. It is a joke. If you able to make good decisions regarding taught—I do not think that really pro- were to order pajamas for your family schools and be involved with their chil- vides the energy and the incentive to out of a catalog that says, ‘‘one size dren’s education, we will have done a get the job done well. As a matter of fits all’’—and for all five members of disservice to this country, not only in fact, I think it would be a disaster. mine, if you were to send the same set, this generation but in the next. It is kind of interesting. A few years I guarantee you that we would rename H.D. Hoover, the director of the Iowa ago we had a rush to impose national ‘‘one size fits all’’ to ‘‘one size fits Basic Skills Testing program, has standards. I may talk about that a lit- none.’’ noted: tle bit later. People rejected national The value of this country is that we There is a whole history of trying to use standards because they were afraid have a lot of different approaches to tests to change curricula, and the record there would be a change in curriculum things. It is a major strength of this there is not particularly sterling. based on national standards. Well, that country. What would happen, for in- So the point is with the idea of na- is kind of interesting. stance, if we were to take our com- tional tests, you drive national cur- Terrance Paul of the Institute of puter industry—just an industry, for riculum. Curriculum is, of course, the Academic Excellence, has stated it this example—and decide that we were fundamental reason for school. It is way: going to test all the computers in the what is being taught, and if we drive Standards don’t cause change. . . . Tests same way, that they all had to have and we dislocate parents and we take with consequences cause change. the same thing in them, they all have people from the local community out Of course, some people may say, to meet the very same standards? of the situation where they can deter- ‘‘Well, the President wants to give this We would end up without competi- mine what is taught and how it is test, but there won’t be any con- tion, first of all. And we would end up taught, we will have impaired the qual- sequence.’’ Well, why give the test? without improvement because once ity of our schools very, very signifi- Frankly, we want something from our people learned what the test was going cantly. testing —and testing time is a precious to be, they would teach to that test I am not against tests, and I don’t resource—we should use it effectively. and everybody would be uniform. We want it to be said that I am against We should use it at the local level to would not want it in industry. And we tests because I don’t think you can test, to see whether or not we are would not want it in automotives be- really have education unless you test achieving what we want to do at the cause we know that when people com- to see whether or not you make local level. pete and they do what works best for progress. And to take that precious resource them, we get the kind of energy in the There was a time, there was a set of and to fill it up with tests from the na- economy and get the energy in our cul- fads that came along that said we don’t tional level, that you say will not have ture that provides for improvement. ever test anybody, we just hope they any consequence, makes little sense. Problems that would result from a get excited about something and learn And to use resources—it costs to make national test are a national curriculum it and we don’t give grades. You re- tests. or national education standards. The member that. I unfortunately missed The President’s program, all told, is National Assessment of Education that. I was graded on almost every- to be in the $50 to $60 million range to Progress’ science tests results show thing I did. develop tests for reading and mathe- how the test can drive curriculum. But while I was teaching in college— matics. I think I could develop a test Here is an article from today’s Wash- and I spent 51⁄2 years as an associate to see if people could add, subtract, and ington Post. professor, assistant professor—there multiply and divide, and if they could Still, Education Secretary Richard W. were some of these fads that came read for a little less than that. Be that Riley cautioned that the results may not be through where students wanted to take as it may, I am not one of those that as dismal as they first seem. Student scores things pass-fail; just be really vague would be on this national testing devel- in science have improved substantially since about our performance here and don’t opment group that the President has the early 1980s, he said, and many schools are tell anybody whether we did well or did suggested. revamping how they teach the subject. poorly. The important thing is that no one He said that revamping it, because of Frankly, it was a cover for doing should devise a test for the local com- the new science test that the national poorly. They would never ask that they munity unless the local community group put out, that they went down in take a course pass-fail if they thought asks for it. A local community has a performance and they went against the they were going to do well in it. But, of great opportunity to purchase tests trend that they had been going up in. course, they were going to slide by and, and to deploy tests, administer tests So we had a trend during the early of course, suggest they take this pass- that are either developed at the local 1980’s of going up. Now they come out fail. I don’t blame them. That makes level or developed by some nationally with a new test and they do not do sense. known, well-reputed testing agency in well. And the Secretary of Education So I am not against testing. I am in the United States, like the Iowa Test says, ‘‘Well, they’ll do better on the favor of testing. I think you can of Basic Skills or some other analogous new test because they’ll start teaching overtest. You can spend all your time or similar organization. to this test.’’ testing and do too little teaching. You There are a number of States—48 as a Well, first of all, if they were doing can spend too much resource in testing matter of fact—that have developed or well on the other tests—or better—I and too little in teaching. But in a bal- are developing State standards and wonder if we want to change and man- anced program of testing and teaching, State tests. To switch in midcourse date the change through this cur- providing accountability both for from these would have a disruptive im- riculum or through a curriculum teachers and students, and providing pact on those State tests and State change that is imposed by this test, the accountability to the community, I am standards, because you are going to National Assessment of Education in favor of that. have to teach to the national test if we Progress, the NAEP, test, which was in But if you take that accountability have a national test. the paper today. and you impose it from a thousand Teaching to that test will pull the The scores were reported yesterday miles away by a bureaucracy in Wash- rug out from under teaching that is de- by the National Assessment Governing ington, DC, and you render powerless signed to prepare individuals for the Board. ‘‘Education officials said the the people who are out there on the tests at the State level by supplanting latest test results present stark new front lines, and particularly parents or superseding State and school dis- evidence of a problem in how science is and school board members, and you ba- trict efforts. A national test will un- being taught.’’ They brought out a new sically have what you would call a na- dercut their efforts and impose a one- test and they found out students did tional school board, so that they make size-fits-all system. poorly on the new test. So they said: the decisions in Washington—and the I have a little story I like to tell ‘‘Well, we have got to change how role of the local communities is to put about one size fits all, because I think things are being taught. Too many up the money, but Washington decides one size fits all is one of the greatest schools, they contend, still emphasize

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10932 CONGRESSIONAL RECORD — SENATE October 22, 1997 rote memorization of facts instead of This is a lose-lose situation. It would tional testing, but educators know all too creative exercises that would arouse be one thing if we were able to pull up well that ‘‘what is tested will be taught.’’ more curiosity in science and make the the guys at the bottom at the cost of The point here is the choice. Some- subject more relevant to students.’’ the guys at the top, maybe losing one will decide what is tested; someone This whole endeavor suggests that some, but this says that when you have will decide what is taught; someone they intend to shape how things are these broad exams in Great Britain, will decide how it is taught. Will it be taught from the education bureauc- not only do the people at the bottom a group of individuals made up of par- racy. And they admit that that is the do worse, the people at the top do ents, teachers, business people, com- way change will take place. worse. munity officials, who want a local In discussing proposed changes to the In assessing the Educate America school board to have a sensitivity to National Assessment of Education program in their 1991 report, these what is happening in the local school, Progress, back in 1991, Madaus and same experts dispel the argument that and when something goes wrong can Kellaghan described the danger caused a national test would not lead to a na- try something else, can mediate a prob- by the momentum of instituting a na- tional curriculum: lem? Or will it be a group of individuals tional test. Here is their quote. Educate America claims that their na- in Washington, DC, in some conference Current efforts to change the character of tional test would not result in a national room in the Department of Education, [the National Assessment of Educational curriculum since it would only delineate inaccessible, who do not pay the bill Progress] carry a clear lesson regarding the what all students should know and what but who will impose a national cur- future of any national testing system. That skills they should possess before they com- riculum that is not correctable at the is, testing and assessment are technologies. plete secondary school but would not pre- local level when it flops, when it does . . . Further, the history of technology scribe how schools should teach. This asser- not work, when it fails students, when shows us that ‘‘Once a process of techno- tion is disingenuous [according to the ex- it fails the community but still is en- logical development has been set in motion, perts]. European schools have national cur- shrined in either the egos or in the it proceeds largely by its own momentum ir- ricula but do not prescribe how schools minds or in the theories of people 1,000 respective of the intentions of its origina- should teach. Through a tradition of past tors.’’ tests, however, national tests de facto con- miles or 2,000 miles away? That is the question. It is simple. What it means is you put a test in stitute a curriculum and funnel teaching and And I think we do not want to develop place, and people have to teach to that learning along the fault lines of the test. some backdoor entry to a national cur- test. It develops a momentum of its Two acronyms describe what inevitably hap- pens: WYTFIWYG—what you teach for is riculum. These experts, expert after ex- own. And we are seeing that confessed what you get—and HYTIHYT—how you test pert that I have been quoting, they say in today’s Washington Post. Students is how you teach. that if you develop the test, you de- have been going up in their science If you are going to test for some- velop the curriculum, you specify the evaluation, and the National Assess- thing, that is what you end up teach- curriculum. ment of Educational Progress program ing. The superintendent of the Bellmore- comes in with a new type of science These experts indicate that all over Merrick central high school district in exam that says, ‘‘We don’t care what the continent of Europe, when you na- Seattle says: you know, we want to find out dif- tionalize the testing you nationalize I know that the president has not rec- ferent things about how creative you the curriculum. ommended a national curriculum, only na- might be.’’ And they all of a sudden say Dr. Bert Green, professor of psy- tional testing, but educators know all too that the science performance falls off chology at Johns Hopkins University well that ‘‘what is tested will be taught.’’ because they do not want to know what notes: President Clinton remarked on May students have learned, they want to The strategy seems to be to build a test 23, 1997, at an Education Town Hall know how curious they are. that represents what the students should meeting—these are the words of the I think it is important for us to do know, so that teaching to the test becomes President: more than develop curiosity in stu- teaching the curriculum that is central to The tests are designed so that if they don’t dents. It is important for us to develop student achievement. work out so well the first time, you’ll know learning in students. And the previous A nationalized curriculum dislocates what to do to teach, to improve and lift tests were showing that learning was parents. It sets them out of the oper- these standards. taking place and the test scores were ation, along with other members of the Let me read that again. This is a going up. So they changed the test, re- local community. They no longer have quote from the President of the United directed the objective from learning to an influence on the central core of States. curiosity. And when it shows that they what a school is about, that is, what is The tests are designed so that if they don’t are not as curious as they wanted them work out so well the first time, you’ll know taught and how it is taught. And once what to do to teach, to improve and lift to be, they say, ‘‘Well, we’re just that is done, I think we make a very these standards. changing the curriculum by keeping serious inroad into the potential for Basically, you will know, says the and giving this test over and over student achievement. President, to change your curriculum. again, and pretty soon we will have cu- Lyle V. Jones, a research professor in You will know how to teach dif- rious students, although they may be psychology at the University of North ferently. You will know how to remove ignorant of the kinds of facts we would Carolina at Chapel Hill, fears that ef- the opportunity to decide curriculum want them to know.’’ forts to recast classroom curricula will from the local level and forfeit it to This is a serious problem. Experts focus simply on teaching what will those who make the test in Wash- point out that Great Britain’s attempt likely produce higher scores on na- ington, DC. to provide a national exam ‘‘with a tional tests. Let me quote Professor The Association for Childhood Edu- wide-achievement span seems to have Jones: ‘‘The pressures to teach what is cation International notes, ‘‘What we been unsuccessful, not only in the case being tested are bound to be very large are seeing is a growing understanding of lower-achieving students but is re- and hard to resist,’’ he said, ‘‘Particu- that teaching to tests increasingly has ported . . . to have lowered the stand- larly in schools where the teachers and become the curriculum in many ards of the higher-achieving students.’’ principals know the results will be pub- schools.’’ These experts, Madaus and lished, the focus will be on getting kids William Mehrens, Michigan State Kellaghan, point out that in Great to perform well on the test rather than College of Education Professor, has Britain the attempt to provide a na- meeting a richer set of standards in noted that one major concern about tional exam with wide achievement mathematics learning.’’ standardized achievement tests is that span, meaning over broad areas, seems Marc F. Bernstein, superintendent of when test scores are used to make im- to have been unsuccessful not only in the Bellmore-Merrick central high portant decisions, teachers may teach lower-achieving students—meaning school district in Seattle, worries that to the test too directly. Although that lower-achieving students are not a national test will lead to a national teaching to the test is not a new con- doing better because of the exam—but curriculum. Here is what he said: cern, today’s greater emphasis on also it is saw the standards of higher- I know that the president has not rec- teacher accountability can make this achieving students go down. ommended a national curriculum, only na- practice more likely to occur.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10933 While basic skills are the most im- pendent students one year after the De- manities, who, incidentally, tried to portant thing for kids to learn, the pro- fense Department introduced whole develop a national set of history stand- posed national tests contain high-risk math dropped 14 percent for third grad- ards and found out how difficult it was educational philosophies and fads. It ers, 20 percent for fourth graders, 20 and how inappropriate it would be to would be one thing if we thought the percent for fifth graders, 17 percent for try to impose the proposed standards test would work or this test would help sixth graders—this is not a laughing on the students, has become an oppo- us get to the basics. I am afraid that matter—17 percent for seventh graders nent of national standards and na- they do not hold such promise. and only 8.5 percent for eighth graders. tional tests. She wrote in the Wall John Dossey, chairman of the Presi- Now, that is the whole math, that is Street Journal not long ago about Ste- dent’s math panel to develop the math the new-new math or the fuzzy math. ven Leinwand, who sits on the Presi- test, served on the 1989 National Coun- That is the kind of math that they dent’s math panel. Leinwand had writ- cil of Teachers of Mathematics group want to test for in the new national ten an essay, explaining why it is that criticized American schools’ test. It means you will have to be ‘‘downright dangerous’’ to teach stu- ‘‘long-standing preoccupation with teaching it in order to survive on the dents things like 6 times 7 is 42, put computation and other traditional test, and if we reorient the curriculum down the 2 and carry the 4. Simple skills.’’ We have been too long pre- of this country across America to the multiplication. Such instruction sorts occupied with addition, subtraction, so-called new math or fuzzy math woe people out, Mr. Leinwand writes, multiplication and division. He is say- be unto our ability in the next century ‘‘anointing the few’’ who master these ing teaching kids the multiplication for our young people to be able to procedures and ‘‘casting out the tables—whether 12 times 12 is 144 or 15 make simple calculations. many.’’ times 15 is 225, or 6 times 7—dem- These are the folks who say that cal- Now we have people who are devel- onstrates our ‘‘long-standing pre- culation is not important, we have oping the national test who have such a low view of the talent pool in Amer- occupation with computation and been too long focused on calculation. I ica that they say only a few students other traditional skills.’’ disagree as totally as I could with the I believe that is what we need in our statement that we have been too fo- can learn 6 times 7 is 42, put down the 2 and carry 4. That kind of low under- schools. We need to teach young people cused on calculation. I think the aver- standing and low evaluation of Amer- to be able to multiply, subtract, add, age parents in America know we have ica’s future is not what we need in de- divide. His focus on what advocates not focused enough on teaching kids to signing a curriculum through the back call ‘‘whole math’’ would teach our add, subtract, multiply and divide. We door of a national test. It is just that children that the right answer to basic have not overdone it. The fact we are simple. math tables are not as important as an in trouble in terms of mathematic or Students all over the world have ability to justify incorrect ones, to arithmetic literacy in this country in- arithmetic literacy. They have the ca- argue about incorrect ones. The ability dicates we have not focused on com- pacity to compute fundamentally. to add, subtract, multiply and divide putation of skills, not that we have. They have the fundamental capacity to should be replaced, it seems, by calcu- Five hundred mathematicians from do arithmetic, addition, subtraction, lator skills in students. These are around the Nation have written a let- multiplication and division. And to say ‘‘whole math’’ individuals, the people ter to President Clinton describing the that only a few could do it in the who want to start students with cal- flaws in the proposed math test. They United States and is to undervalue our culators so they are never encumbered say that the committee members who most important resource—that’s the by the responsibility of learning addi- developed the test relied on the Na- students who will make up the popu- tion, subtraction, multiplication, and tional Council of Teachers of Mathe- lation of this great country. division. They can always do it on a matics standards, which represents I have to say this. If we have very, calculator. only one point of view of math and has very low expectations of students, that The proposed math test is steeped in raised concerns from mathematicians will drive the levels at which they the new, unproven ‘‘whole math’’ or and professional associations. No. 2 in produce. There are books full of studies ‘‘fuzzy math’’ philosophy, deemed by their concerns, the test failed to test that say, if you have low expectations, some as ‘‘MTV math,’’ which encour- basic computation skills. you get low output; if you have high ages students to rely on calculators The President said we want to have a expectations, you get much better per- and discourages arithmetic skills and national test, and the math teachers, formance. Let’s not turn this country has resulted in a decline in math per- 500 of them, took a look and said, wait over to a group of individuals who formance. a second, these tests fail to test basic think that most American students are Now, this is the sort of approach to computational skills under the as- simply incapable of learning 6 times 7 mathematics taken by a group that the sumption that all the students will is 42, put down the 2 and carry the 4. President has had working on these know these things already. I think that I was pleased to have an opportunity exams for quite some time—he has would be a tragedy to try to drive a to speak with the Senator from West spent millions of dollars in trying to curriculum, try to test under the as- Virginia here earlier this afternoon. develop this, and we have talked about sumption everybody knows how to add, Senator BYRD made a speech in June of this previously. The last meeting con- subtract, multiply and divide, so you 1997, a speech on a whole math text- vened at the Four Seasons Hotel here give everybody a calculator in the test. book called Focus on Algebra. After in Washington, DC. Their approach to One California parent’s 11th grade looking at the textbook, he called it mathematics is similar to this ‘‘new- daughter, who was in the whole math ‘‘whacko algebra.’’ We have his entire new math’’ or the ‘‘fuzzy math’’ or curriculum in a local district there, speech. It is an interesting speech in ‘‘MTV math,’’ depending on how you was diagnosed as having second-grade which he points out some of the real characterize it. math skills. The mother panicked and problems we have with this approach. This fad was tried, unfortunately, on got a teacher and began to teach at He says: our Defense Department dependent stu- home what would not be taught in the A closer look at the current approach to dents. The Defense Department has to schools. Parents in Illinois were ad- mathematics in our schools reveals some- operate schools all over the world in thing called the ‘‘new-new math.’’ Appar- vised to let their son work with a ently the concept behind this new-new ap- order to make it possible for the de- school counselor—and here is the rea- proach to mathematics is to get kids to pendents, the children of people who son they were told to do so—because enjoy mathematics and hope that ‘‘enjoy- work in our defense operation around ‘‘he values correct and complete an- ment’’ will lead to a better understanding of the world, to get an education. Here is swers too much.’’ I think counseling is basic math concepts. Nice thought, but nice what happened when they implemented indicated in a situation like that—but thoughts do not always get the job done. Re- this program in the Defense Depart- it is not for the student. There should cently Marianne Jennings, a professor at Ar- izona State University, found that her teen- ment schools. The median percentile be some counseling that goes on for the age daughter could not solve a mathematical computation scores on the Comprehen- so-called educators. equation. This was all the more puzzling be- sive Test of Basic Skills taken by more Lynne Cheney, former chairman of cause her daughter was getting an A in alge- than 37,000 Department of Defense de- the National Endowment for the Hu- bra. Curious about the disparity, Jennings

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10934 CONGRESSIONAL RECORD — SENATE October 22, 1997 took a look at her daughter’s Algebra text- point I think we have to understand is how they want it taught, and to cor- book, euphemistically titled ‘‘Secondary that parents deserve the right to shape rect it when mistakes are being made Math: An Integrated Approach: Focus on Al- the curriculum and the way it is at the local level, displace that with a gebra.’’ . . . After reviewing it, Jennings taught at the local level. When parents national system of tests that directs dubbed it ‘‘Rain Forest Algebra.’’ have that right and can be involved in curriculum and say they will be vol- I think the Senator may have been it, they are far more likely to be en- untary so there is not a problem, but right when he said, ‘‘I have to go a step gaged in the educational effort and we then you go to Michigan and say you further and call it whacko algebra.’’ go back to our primary understanding want to create a climate in which no If that is the kind of new-new math, that when parents are involved in the one can say no, I will guarantee you if that is the kind of whole math that education effort, students’ achieve- that you properly raise suspicion on this national test would impose upon ments skyrocket. The whole purpose of the part of the American people. citizens across this country and would education is not for teachers. It is not When the President of the United literally say to individuals, ‘‘This is for school boards. It is not for parents. States decides what is voluntary and what we will test, and you will have to The purpose of education is for stu- what is not voluntary and he tells you take this test and you will be wanting dents. We should be doing those things in one instance he wants it to be vol- to teach to this test,’’ I think it is a which drive student achievement and untary, but in another instance ‘‘no terrible disservice to the next genera- performance, and parental involvement one can say no,’’ you have to consider tion. in the system drives student achieve- the fact that the President has a lot of Now, the President has not only indi- ment and performance. Now, the Presi- power, a lot of resources and a lot of cated he wants to have a mathematics dent of the United States has come be- money, a lot of grants, and other test or a test of arithmetic or skills in fore the American people and he has things that are available to the Presi- that area, he wants to have a reading said that the test would be voluntary. dent through his department. He can test. What I fear about tests is that He says that these are going to be vol- say, oh, that is one of those school dis- they not only drive what is taught but untary. Well, frankly, he wants every- tricts that decided they didn’t need our they drive how it is taught. How you body to pay for the tests. So you have testing system. You know, that indi- teach reading makes a tremendous dif- to pay for them whether you would use cates they are not very progressive, so ference in terms of your capacity in them or not. I think if he really wanted they should not be able to participate your life-long endeavor with the writ- them voluntary, he would say, if you in this, that, or the other thing. Or we ten word. Of course, we know that don’t use the test, you could get the certainly would not want to favor them being able to read instructions and money that would be spent if you did with a visit from governmental leader- being able to read things is far more use the test to do other things. So a ship from the executive branch—or any important than it has ever been in his- school district that had plenty of tests number of things. The President him- tory. One philosophy for teaching read- and knew what its weak points were self says, ‘‘I want to create a climate in ing is what is called the ‘‘whole lan- and how it wanted to advance the in- which no one can say no.’’ guage approach,’’ which doesn’t really terest of its students could spend the Now, I have heard about choices focus on phonics. money on something worthwhile to where no one can say no, and I have One of the real advantages of the them from what they already knew. heard about people who were so attrac- English language is that we have let- Most good school districts know where tive that no one could say no. But I ters. There are some languages that do they are weak and where they are don’t think we want to create a situa- not have letters. They just have pic- strong and they know what they need tion or a circumstance in education tures. Some of the Oriental languages to do. where we have a nationally driven, fed- just have pictures, and the picture, if The President said, though, this is erally developed test by bureaucrats in you have never seen it before, really going to be a voluntary test, you don’t Washington, to which no one can say can’t tell you how to pronounce it. It have to worry. Don’t worry about a no. William Safire talked about the won’t tell you what it might mean. It test that drives curriculum all over the ‘‘nose of the camel under the tent.’’ He won’t give you many clues of how to country and makes it uniform and mo- wrote, ‘‘We’re only talking about math look it up because it is just a picture. notonous and dumbs down things to a and English, say the national standard- If you don’t recognize it, you don’t rec- single, low common denominator on bearers, and shucks, it’s only vol- ognize it. the national level, because that won’t untary.’’ Safire said this: ‘‘Don’t be- With English, on the other hand, if happen. ‘‘This is a voluntary test.’’ lieve that; if the nose of that camel you understand it phonetically, you That is the line, that is the statement, gets under the tent, the hump of a na- look at it and you know that there are that is the oft-repeated sales pitch of tional curriculum, slavish teaching to certain sounds that are associated with the Department of Education. How- the homogenizing tests, and a black certain letters and combinations of let- ever, it is pretty clear that that is real- market in answers would surely fol- ters. As you sound words out, it also ly not their intention. While the Presi- low.’’ provides a pretty easy way to look it dent has stated that it will be vol- It sounds to me like he has listened up because we have the ability to have untary, and clearly indicated that in to what the President said in Michigan. the dictionary and it is in alphabetical his remarks in the State of the Union Voluntary? Hardly. It is the nose of the order. There is an order. There is a message, he went to Michigan on camel, and a nationalized, federalized logic to phonetically understanding the March 10, 1997, just a couple months curriculum—a Federal Government English language. It is the capacity to later, and said, ‘‘I want to create a cli- curriculum will follow. If a State take the language, a word you have mate in which no one can say no.’’ chooses to administer the tests, all never seen before, sound it out, and So much for your voluntary test. The local educational agencies and parents deconstruct the word and figure out President says he wants the test to be will not have a choice whether they what it means. voluntary, but he goes to Michigan and want to participate. The truth of the I think it would be a tremendous dis- says, ‘‘I want to create a climate in matter is that this is the dislocation of aster if, instead of allowing schools to which no one can say no, in which it’s parents, school boards, and commu- decide how they want to teach English, voluntary but you are ashamed if you nities, and it is investing power in if we were to have a test constructed don’t give your kids the chance to do Washington, DC, in a new bureaucracy and from that test drive an approach to [these tests].’’ I really think we need to to control curriculum and testing teaching English, for instance, that ig- get an understanding of whether this is across the country. nored phonics. voluntary or not. I think when you Other Federal ‘‘voluntary’’ plans Now, I have to say this, and I have open the backdoor through national have ended up becoming mandatory. A said it before, and I guess I will be say- testing to the development of national Missouri State Teachers Association ing it many times: I don’t think we curriculum and you displace the capac- memo says: ‘‘Experience in dealing ought to have a national test even if it ity of parents, teachers, school board with federal programs has taught us to were one that I thought perfectly rep- members, and community members to be wary. For example, the 55 mph speed resented what ought to be taught. The develop what they want taught and limit was voluntary, too—on paper, at

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10935 any rate. In practice, the speed limit Robert E. Lee, Paul Revere’s midnight that even the Clinton Department of was universally adopted because fed- ride, and did not mention the Wright Education cut off funding for them eral highway funds were contingent Brothers or Thomas Edison. Who made after having invested more than $1 mil- upon states’ ‘voluntary’ cooperation. the grade with the revisionists, the lion dollars. Over and over again, when The point is that what is voluntary educationists, the liberals who wanted there have been national efforts to es- often becomes mandatory when you to rewrite history? Well, Mansa Musa, tablish standards, create curriculum, have federal programs and funds in- a 14th century African king, and the to develop tests, they have to suspend volved.’’ Indian chief Speckled Snake had the effort because they get bogged The Department of Education stated prominent display—but not these oth- down in politically correct language, in a September 16 memorandum that it ers. I would not be against adding some they get bogged down in the com- is willing to use the leverage of Title I people to our history books, but I am promise of politics and end up not funds to gain acceptance for the pro- against deleting the Wright Brothers speaking to the students’ real needs, posed national tests—Federal funds and Robert E. Lee. The American Fed- which is for education. linked to the proposed national tests. eration of Labor was mentioned nine Can you imagine a politically driven Voluntary? Hardly. times, and the KKK was mentioned math test that is not concerned about The memo says that the Federal over a dozen times. It was obviously an computing—adding, subtracting, multi- agency will accept the national tests as attempt to set standards that would plying and dividing—but is concerned an adequate assessment of the pro- make students ashamed of their coun- about making sure that we don’t offend ficiency of Title I/educationally dis- try instead of giving them an aware- anybody? Frankly, we need to be able advantaged funds. This offer is totally ness of what their country was all to add, subtract, multiply and divide. inappropriate. It demonstrates how about. To say that it doesn’t matter whether desperate the Department is to gain ac- Lynne Cheney criticized the National you get the right number, that if you ceptance for these flawed Federal tests. Standards for U.S. History, in spite of just get close, sounds a little bit too Use of the tests is being linked directly the fact that she was the chairperson much like Washington, where people with Federal funds. Today, the use of of the National Endowment for the Hu- around here mumble ‘‘close enough for the tests for Title I students is ‘‘per- manities when the Endowment contrib- Government work.’’ Well, if you are mitted,’’ or suggested, perhaps even en- uted to the funding for the standards having your appendix taken out or you couraged. It is only a matter of time project. She said that the U.S. history are having your teeth filled by a den- before it could be required. standards were politically biased. She tist, you hope they would not have that An October 1990 study from the Ohio cited a participant in the process who attitude toward mathematics or any- Legislative Office for Education Over- said the standards sought to be ‘‘politi- thing else. There are a lot of things sight revealed that 173 of the 330 forms, cally correct.’’ What a tragedy that we that are relative in the world, I sup- 52 percent of the forms, used by a would take an effort to our classroom pose. But one thing is not—we ought to school district were related to partici- that we were trying to make politi- be able to say to people that 2 plus 2 pation in a Federal program, while cally correct and impose that instead equals 4, and 2 plus 3 doesn’t. It is hard Federal programs provide less than 5 of the truth to people about our his- to say to students that there are any percent of education funding. tory. Cheney also said that the stand- absolutes left in the culture, but at Here is what we have already. We ards slighted or ignored many central least we ought to be able to say to have a National Government that is in- figures in U.S. history, particularly them there are some absolutes. You trusive. It is responsible for more than white males. The standards were un- can find them, at least, in the mathe- half of the paperwork load that teach- critical in their discussions of other so- matics curriculum. ers are struggling under, and that cieties. The standards were unduly Well, USA Today reported that ac- school officials are struggling under, critical of capitalism. The economic cording to Boston College’s Center for which displaces resources that might system, which has carried the United Study of Testing, children are already otherwise go to the classroom. So you States into a position where it is the overtested, taking between three and have 52 percent of the paperwork at the best place in the world to be poor, not nine standardized tests a year. The Federal level and only 5 percent of the the best place to be rich. You can get truth of the matter is, States and com- funding, according to the 1990 Ohio richer in some other place, but the munities are already testing students. Legislative Office of Education Over- poor of America are better off than the They are keenly aware of the need to sight. I don’t think we need additional rich in many places around the world. improve performance, and to subject invasion by Federal bureaucrats to dis- But, no, the standards were unduly students to a national test on top of place what ought to be done, which can critical of capitalism, so writes Lynne the testing that is already being done be done, what is being done and can be Cheney, chairman of the National En- is to basically impose a resource allo- done far more successfully at the local dowment for Humanities at the time it cation judgment by the Federal Gov- level with a Federal bureaucracy. funded this effort to build standards. In ernment on the people who are at the What happened when we tried this testimony before a subcommittee of State level and at the local level, who through a Federal bureaucracy in the the House Economic and Educational know how much testing is appropriate. past? What has been our success at im- Opportunities Committee, she reiter- Can you imagine that the State and posing things we thought might be ated concerns about the history stand- local folks have been testing too little good? It is kind of interesting to look ards and concluded that national purposely for a long time in hopes that at the so-called ‘‘National Standards standards were not needed in any sub- there would someday be a Federal test for United States History,’’ which were ject area, much less any entity to cer- arrive which could take a day of their assembled in hopes of providing some tify or approve them. sort of standard for history teaching. So that is what Lynne Cheney, who activities, or 2 days of their activities, These standards were funded in 1991 by had experience with national stand- and take resources and funding away the National Endowment for the Hu- ards, said when they tried a bureauc- from the teaching curriculum and add manities and the Department of Edu- racy in Washington to dictate a history it to the testing curriculum? No, I cation for just over $2 million. standard. She said it was a failure. She don’t think that is the case. Here is what we got for our $2 mil- spent our money doing it, but she had I think we have been having teachers lion. If you think you want to invite the courage to stand up and say it and school officials deciding how much the National Government in a bureauc- ended up with a bunch of politically testing is appropriate, testing that racy, through a test, to begin to de- correct stuff that was inappropriate to amount, making sure that they had velop a curriculum and to set stand- use as teaching tools for our children. tests that could compare them to rel- ards that have to be followed in every Finally, George Will attacked the evant groups. district, think about what happened to failed history standards as ‘‘cranky, We talked at the beginning of my re- this effort to develop national stand- anti-Americanism.’’ marks today, and that was some time ards. The National Standards for The English/language arts standards ago, about school districts that have United States History do not mention were such an ill-considered muddle moved up dramatically compared to

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10936 CONGRESSIONAL RECORD — SENATE October 22, 1997 the national average. National aver- with the history standards. The history nius of America is bound up in our abil- ages are available today and inter- standards were repudiated unani- ity to hand to the next century, the national averages are available today. mously by the Senate because they next generation, a set of opportunities As a matter of fact, when we went to were just politically correct items that as great as ours. I firmly believe we the Washington Post to talk about the were revisionist history, designed, as I have that opportunity and we have the new science results in the United said, to make students ashamed of the responsibility to make sure that the States, we found out that we fell country rather than to inform students next century is characterized by indi- against international averages. We fell about the country. And at the time the viduals who are capable. If we decide to in large measure because we decided we National Education Standards and Im- spoil that opportunity by ruining our would test for something else instead provement Council was repealed, be- education system with a one-size-fits- of testing for the hard science that the cause there were concerns it would all, dumbed-down curriculum that is international averages are involved function as a national school board, it driven by national, federalized testing with. was said on this floor that ‘‘it is logical that comes as a result of a bureau- If there is in this proposal for na- to presume that once a national stand- cratic organization in Washington that tional testing—and obviously it is the ard has been set and defined by some could only honestly be labeled as a na- one that is now being debated between group which has received the impri- tional school board, we will have failed the House and the Senate in the con- matur of the Federal Government, you in our responsibility to protect the fu- ference committee—a proposed na- will see that standard is aggressively ture of the young people in this coun- tional body which would develop a na- used as a club to force local curricu- try. tional Federal test with the Federal lums to comply with the national Some have concluded that the public Government directing it through the standards * * * it was a mistake to set is demanding what the President says Department of Education, it is impor- up the national school board, NESIC.’’ he wants to provide. Nothing could be tant to note that this is still going to Well, if it was a mistake to set up a further from the truth. I seldom cite be Government. They may say that it national school board under the no- polls in things that I say because I is independent. It is not. It is the Na- menclature of an education standards don’t want to be poll driven. I do not tional Assessment Governing Board and improvement council, it is a mis- want to follow polls around. I want to which would continue to get Federal take to establish a national school try to find out what is the right thing appropriations for all of its activities board under the label of a test develop- to do. Living by polls is like driving through the National Center for Edu- ment committee. down the road looking in the rear view cation Statistics, an arm of the U.S. It was further said in the Chamber mirror to find out what people thought Department of Education. This board, that ‘‘the National Education Stand- a little while ago. We need to be driv- although it would have Governors and ards and Improvement Council should ing down the road finding out where we never have been proposed in the first some local officials on it, would be a need to be and where we want to go. place. It was a mistake and we should But there are those who say that, limited group of people that would op- terminate it right now. The Federal well, we can’t say to the American peo- erate in Washington, DC, under the di- Government does not have a role in ple they should not embrace the Presi- rection and control of the Department this area, and it certainly should not dent’s proposal because the American of Education. people want the President’s proposal. The Secretary of Education would be putting taxpayers’ dollars at risk in Here is what the Wall Street Journal still make final decisions on all board this area.’’ Well, if that was a mistake in 1996, said about that. This was quite some appointments. The Assistant Secretary where they had no authority to propose time ago: for the Federal Office of Education Re- a national test to be imposed on every The Wall Street Journal/NBC national poll search and Improvement would still student in America to drive cur- found that 81 percent of adults favor Presi- exert influence as an ex officio member riculum, it is certainly a mistake now. dent Clinton’s initiative, with almost half of the National Assessment Governing And the number of letters or the iden- the public strongly in favor and only 16 per- Board. tity of the letters which label the fed- cent opposed. While the House voted overwhelm- But when asked whether the federal gov- eral bureaucracy doesn’t change the ingly by a vote of 295 to 125 to not ernment should establish a national test— facts. with questions spelling out the pro and con allow one cent to go for national test- A single national test for students ing, the Senate-passed proposal would arguments of a standard national account- was rejected by the only congression- ability vs. ceding too much power to the fed- provide a new assessment governing ally authorized body ever to make rec- eral government—the public splits 49 percent board which would add a Governor, two ommendations on national testing. The to 47 percent, barely in favor. industrialists, four members of the National Council on Education Stand- This is fewer than half the people. public and remove five individuals who ards and Testing was authorized in 1992 With just one moment of explanation, are currently members of the board. by the Congress, and its final report all of a sudden the so-called 81 percent But it would still operate in the U.S. concluded that ‘‘the system assessment endorsement crumbles. When the real Department of Education under the must consist of multiple methods of facts of the proposed federalized na- National Center for Education Statis- measuring progress, not a single test.’’ tional test mandated by a group of tics. The Secretary of Education would Whether you allow test development folks acting as a national school board, still make final decisions on all board and implementation through the De- in effect, in Washington, DC, reach the appointments. The Assistant Secretary partment of Education or through the American people, they are going to would be the person who drove the ship National Assessment Governing Board, know that is not the recipe for great- as an ex officio member of the board the fatal flaw is that we would be al- ness. That is a recipe for disaster. and as, obviously, a representative of lowing the development of a test which I have to say this is a little bit like the Department through which all the would drive curriculum. When you the health care program that got so funding would flow. drive curriculum from Washington and much support early on, but the more Now, the National Education Stand- you make it impossible for people at people knew, the less they liked it. One ards and Improvement Council, part of the local level to decide what they academic writer whom I will have an Goals 2000, was repealed April 26, 1996, want taught and how they want it opportunity to quote when I speak a little over a year and a half ago, over taught and you deprive them of the again at another time says that the concerns that it would function as a ability to correct mistakes—if it is not worst thing that could happen for the national school board, establishing working, they can’t change it because President would be for this plan for Federal standards and driving local it is all driven from the national testing to be implemented because peo- curriculum. I think it is fair to say level—you are forfeiting a great oppor- ple would find out the disaster that it that we had good judgment there. We tunity to make the kind of progress would really cause in the event it were said, wait a second, we don’t want educationally which will make those implemented. something that establishes a national who follow us survivors and succeeders. Our primary objective must be pre- curriculum, that establishes national As I said when I had the opportunity paring the next generation education- standards. We saw how bad that was to begin making these remarks, the ge- ally for the future, and we cannot pull

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10937 the rug from beneath the components country or, at a minimum, lengthening check was even performed before re- that make education a success—paren- their stays. In addition, the INS was lease,’’ something the INS’s written tal involvement, a strong culture sup- often limited in its ability to remove policies require. porting education at home, local con- criminal aliens due to the definition of Here are some of those aliens that trol, the ability to change things that deportable crimes under the old laws. INS released: are failing, and the ability to adjust at Given the reality of the plea bar- A criminal alien who was convicted the local level. A national bureaucracy gaining process, we wanted to broaden in 1994 of conspiracy to commit aggra- cannot get that done. It is something INS’s ability to deport serious crimi- vated child abuse and third-degree that we must not embrace. National nals who should be deported where murder in connection with the killing federalized testing is a concept that they might have pled down to a lesser of a 5-year-old child. She had com- must be rejected if we are to save the offense. mitted bank fraud in 1982, and her INS opportunity for the future for our chil- We took steps to address each of file clearly indicated that she had been dren. these flaws in the system. We increased convicted of an aggravated felony. She I yield the floor. INS’s resources so they could identify was released by the INS this past June The PRESIDING OFFICER. The deportable criminal aliens. We en- without deportation proceedings being Chair recognizes the Senator from hanced detention requirements to re- initiated. Michigan. duce the risk of flight. We removed Another alien was convicted in 1988 Mr. ABRAHAM. I thank the Chair. I criminals’ abilities to delay deporta- of cocaine trafficking, an aggravated appreciate being recognized. tion, and we closed loopholes in our im- felony, and was imprisoned in Florida. migration laws. We also increased the f In 1994 the alien was processed by the number of crimes for which criminal INS PURSUIT OF CRIMINAL INS and released on his own recog- aliens could be deported, both to re- ALIENS nizance. Deportation proceedings were flect the realities of our criminal jus- never completed. Although the INS Mr. ABRAHAM. Mr. President, I tice system and to enhance the INS’s served him with a warrant for arrest in would like today to speak briefly about abilities to go after hardcore criminals June of 1997, they released him on bond an issue that pertains in large measure who should not be permitted to remain the next day. to the Subcommittee on Immigration, in the country. which I chair. Through all of this, we had assumed Yet another alien had several convic- In the last several months, a number that the INS would focus their limited tions in 1992 related to drugs, tax eva- of incidents have come to our attention resources and manpower on deporting sion and engaging in a continuing involving the pursuit by the Immigra- more serious criminals who had more criminal enterprise. In 1982 the alien tion and Naturalization Service of recently committed crimes, especially had entered the country without prop- aliens, sometimes legal immigrants those currently in prison. However, ei- er documentation and was placed into with American citizen spouses and ther because of an inability to set pri- exclusion proceedings but was not de- children, for deportation based on one orities, difficulty in interrelating the tained. He only came to the INS’s at- crime committed years ago. These many different sections of the new im- tention again after the 1992 convic- crimes have on occasion been crimes migration bill, or a combination of tions. As a result of those convictions, like forgery, and some individuals have both, the INS seems to be pursuing he was initially sentenced to 12 years apparently been pursued where they some seemingly minor cases aggres- in Federal prison, which was later re- did not even have a conviction. sively—by even, we are told, combing duced to 88 months. In June of 1997 he I would like to make a few brief re- closed municipal court cases and old was taken into custody by the INS marks on this because I, along with Re- probation records—while letting some upon his release from Federal prison. publicans and Democrats, made efforts hardened criminals in jail go free. Unfortunately, once again the INS just last Congress through the illegal immi- Accordingly, I will be conducting in- let him go. He was released the same gration bill to improve the INS’ poor vestigative hearings of the Immigra- month. record of removing deportable criminal tion Subcommittee to determine why These are just a few examples, but aliens. this is happening and what is needed to they highlight the urgent need for Our goal was to deport convicted clearly establish the right priorities. oversight into the identification and criminal aliens starting with the thou- This particularly concerns me given removal of deportable criminal aliens. sands currently serving in our jails and the INS’s continuing inability to de- We simply must ensure that our immi- prisons. I believe that law-abiding peo- tain and process deportable criminal gration priorities are set properly so ple, not hardened criminals, should be aliens despite all the enhanced enforce- we can guarantee that dangerous and filling our priceless immigration slots. ment authority we gave them in last deportable criminal aliens are not per- Yet, until last year’s bill, only a tiny year’s immigration bill. mitted to remain on our streets and in percentage of deportable criminal Let me speak for a moment about a our communities. aliens were actually being deported. report issued just last month by the in- I look forward to working with my This happened because of a number of spector general of the Department of colleagues on the Immigration Sub- weaknesses in the immigration en- Justice, which provides just one exam- committee to address these issues. forcement system. First, there were ple of the troubling concerns about the I yield the floor. only very limited efforts to identify de- INS’s handling of criminal aliens. The The PRESIDING OFFICER (Mr. portable criminal aliens, particularly inspector general’s report dealt only ABRAHAM). The Chair recognizes the in our State and local prison systems. with the Krome detention facility in distinguished Senator from Texas. This meant that the INS was not even Miami, which has attracted a great learning about the vast majority of de- deal of attention and which ought to be Mr. GRAMM. Mr. President, Senator portable criminal aliens. one of the better run detention facili- BYRD from West Virginia had, through Second, where deportable criminal ties at this point. While the IG’s report a unanimous consent request, reserved aliens were identified and where depor- covered a wide range of issues at that time for himself and for two other au- tation proceedings were begun, those facility, what he found with respect to thors of a major amendment to the aliens were frequently released into the the release of criminal aliens is quite transportation bill to speak. community and, not surprisingly, were disturbing. In the interim, Senator BREAUX, I never heard from again. For example, the inspector general think, was scheduled to speak for 7 Finally, in those rare instances in found that from a sample of 28 criminal minutes. Senator BREAUX is not here. which deportation proceedings were aliens released into the community in So, rather than hold up the Senate, begun and criminal aliens were de- June of 1997, 9 of the 28 had ‘‘known what I would like to do is to go ahead tained, they were able to take advan- criminal records or indications of po- and speak out of order, and I ask unan- tage of delaying tactics and loopholes tential serious criminal history’’ and 4 imous consent to be able to do that. in our immigration law to significantly of the 28 had ‘‘insufficient evidence in The PRESIDING OFFICER. Without increase their chances of staying in the the files to indicate a criminal history objection, it is so ordered.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10938 CONGRESSIONAL RECORD — SENATE October 22, 1997 HIGHWAY FUNDING amendment contemplated offering an In a very real sense, what we have Mr. GRAMM. Mr. President, when amendment to strip away that provi- been doing on the Highway Trust Fund the distinguished Senator from West sion and, after looking at the level of is we have been engaged in an action Virginia reaches the floor and is recog- support in the Senate, decided not to which is basically deception. We have nized, he will introduce an amendment offer it. As a result, in the new tax bill been telling people that they are pay- that he and I are introducing with Sen- the transfer of the 4.3-cent-a-gallon tax ing taxes to build roads when they pay ator WARNER and Senator BAUCUS. It is on gasoline became the law of the land at the gasoline pump, and we have not a very important amendment. It is the and it now is going into the Highway been building roads. We have, in fact, culmination of a long debate about Trust Fund where historically our gas- been spending that money for other highway funding and about using trust oline taxes have gone. purposes. The amendment that Senator funds for the purpose that the trust Now, in this last month, the trans- BYRD will offer for himself and for me, funds are cumulated. My colleagues portation bill, the highway bill, was re- for Senator WARNER, and Senator BAU- have heard a great deal about this de- ported out of committee, but that CUS, will simply take the 4.3 cents of bate to this point. They are going to highway bill did not provide that any revenues and assure that they are, in hear a lot more about it in the next few of the funds from the 4.3-cent-a-gallon turn, spent for the purpose that the tax days. But I wanted to outline how we tax on gasoline be spent for roads. is now collected, and that is building got to the point of offering this amend- What would occur if in fact the bill as roads. ment. I think it is a very important written by committee were adopted is I would note that even under our vote. I think it is important that it be that we now have—if you will look at amendment, the unexpended balance of an informed vote. So let me go back to this chart—we have $23.7 billion of sur- the trust fund will grow from $23.7 bil- 1993. What I want to do is outline how plus in the Highway Trust Fund. What lion today, to at least $39 billion by the we got to the point that we find our- that really means is that over the year 2003. The issue here is, should money that selves today. I then want to talk about years we have collected $23.7 billion to is collected for the purpose of building the amendment, and I will leave the build roads, but rather than building roads be authorized for expenditure for great preponderance of the details up roads with those funds we have allowed that money to be spent for other pur- that purpose? Or should we continue to to Senator BYRD. In 1993, as part of the initial budget poses. And as a result, Americans have allow it to be spent for other purposes? adopted with the new Clinton adminis- paid taxes on gasoline but that money Let me address the issue of the budg- tration, the Congress adopted a 4.3- has not been used for the purpose that et. Nothing in our amendment busts cent-a-gallon tax on gasoline. For the they paid the taxes. Now, as a result of the budget. Nothing in our amendment first time in the history of the country the adoption of the amendment that I increases expenditures by one thin since we had the Highway Trust Fund, offered on the Finance Committee bill, dime. Nothing in our amendment will this permanent gasoline tax did not go the 4.3-cent-a-gallon tax on gasoline is allow the budget deficit to grow. All to build roads or to build mass transit. now going into the trust fund and, if we our amendment does is require that the Unlike any other permanent gasoline don’t amend the transportation bill be- funds that are collected on the gasoline tax that we had adopted since the es- fore us, by the year 2003 we could have tax to build roads be authorized to be tablishment of the trust fund, it went a surplus in the Highway Trust Fund of expended on building roads. Obviously $90 billion. to general revenues. we cannot require, in the transpor- What does that surplus mean? It is When we had the debate, obviously tation bill, that the Appropriations simply an accounting entry to say that much objection was raised to the fact Committee appropriate the money we have collected $90 billion that we that we were taxing gasoline and not each and every year to fund the au- told the American people would go to funding roads. On the budget resolu- thorization. But I would remind my build roads, we have collected it by tion this year, I offered an amendment colleagues that 6 years ago we wrote a taxing gasoline, and yet every penny of that called on the Senate to do two highway bill and we set out in that that $90 billion will have been spent highway bill the authorization levels things: One, to take the 4.3-cent-a-gal- but not on roads. It will have been lon tax on gasoline—which is an annual that would allow appropriations, and spent on many other things—some wor- that highway bill, through 6 long revenue, by the way, of about $7.2 bil- thy, some not so worthy—but it will lion—to take that money out of gen- years, was never changed. not have been spent for the purpose Some of our colleagues will argue, eral revenue and put it into the High- that the money was collected in the ‘‘Well, let’s not authorize the building way Trust Fund, where historically first place. And that purpose is to build of roads with taxes collected to build permanent gasoline taxes have always roads. roads now, let’s wait a couple of years gone. The second part of this amend- The amendment that Senator BYRD and write another budget and make a ment was to require that the money be and I are offering will basically do this. decision.’’ spent for the purpose for which it had It will take the 4.3-cent-a-gallon tax on Our decision today is about whether been collected as part of the Highway gasoline and it will allow it to accumu- or not we are going to be honest with Trust Fund, and that is that the money late for a year. And then, after the ac- the American people and whether or be spent to build roads. That amend- cumulation has occurred for 1 year, it not we are going to spend money col- ment was adopted with 83 votes in the will commit that revenue for the pur- lected to build roads for the purpose Senate. Every Republican except two pose that it was collected: To build that they are collected. voted for the amendment; 31 Demo- roads. What it will mean is that over That basically is the issue. This is crats voted for the amendment. It was the period of our bill it will authorize not an issue about total spending. a strong bipartisan declaration of the about $31 billion of additional funds to Nothing in our amendment changes principle that when you collect money build roads, and the actual expenditure total spending. It is an issue about from gasoline taxes that that money will be about $21 billion. truth in taxing, and that is, when we ought to be used to build roads as part If we don’t pass this amendment, tax people on a user fee to build roads, of the user fee concept which has al- what will happen is this $90 billion will do we build roads with the money or do ways been the foundation on which we be collected, it will not be spent for we allow it to be spent for other pur- have had gasoline taxes. roads, and every penny of it will be poses? When we passed the tax bill this spent for something else. Senator BYRD In our amendment, we say that we year, I offered an amendment in the Fi- the other day likened this procedure to are not raising the total level of spend- nance Committee to take the 4.3-cent- the story of Ananias in the Bible, ing, but we make it clear we are seri- a-gallon tax on gasoline away from where, in the book of Acts, Ananias has ous about funding highways. We say general revenue and to put it into the sold his worldly goods to give the that if savings occur in the future rel- Highway Trust Fund. That amendment money to the new, fledgling church, ative to the budget agreement and if was adopted in the Finance Committee only Ananias holds back part of the Congress decides to spend any of those and that amendment was part of the money. And God not only struck Ana- savings in the future, that those sav- tax bill both times it was voted on in nias dead but struck his wife Saphira ings must be used to fully fund high- the Senate. Those who opposed the dead. ways and meet the obligation that the

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10939 revenues collected in this gasoline tax West Virginia is now recognized for up Senators, urged the leadership to allow be used for the purpose of building to 30 minutes. us an opportunity to vote on an amend- roads. Mr. BYRD. I thank the Chair. ment to a tax measure to transfer the So there will be many issues debated, Mr. BYRD. I thank my distinguished 4.3 cents per gallon gas tax which was but they really boil down to a very, friend, Mr. GRAMM, who has spoken al- going toward deficit reduction into the very simple issue: When we are impos- ready on this subject. And I thank Mr. highway trust fund where it could be ing a tax on gasoline, a tax that people WARNER and Mr. BAUCUS, both of whom used for increased highway and transit are paying when they are filling up will speak. I thank them for being chief spending in the coming years. At the their car and truck, and we tell them cosponsors of the amendment along request of both the majority and mi- that that money is being spent for with me. nority leaders, I deferred offering such roads so that they are beneficiaries of I should state at this point that there an amendment during last year’s ses- the tax they are paying, are we going are 40 Senators, in addition to myself, sion. to fulfill the commitment we make to who will have their names on this On May 22 of this year, I joined 82 them when we tell them that or are we amendment. I will not offer it today other Senators in voting for an amend- going to allow, incredibly, $90 billion to except to offer it to be printed. And at ment by Senator GRAMM in support of be collected over the next 6 years such time as I do offer it, I will then transferring the 4.3 cents gas tax—Mr. where people are told the money is add additional names by unanimous President, I think I left my cough going to build roads but, in reality, the consent. drops in the office. I can assure all Sen- So in the meantime, if any Senators money goes to fund something else? ators, however, I do not have whooping There are many ways you can debate wish to cosponsor the amendment, if cough nor do I have consumption, but I they will let either me or Mr. WARNER this issue, but it all comes down simply have had a severe cold. If I could pro- or Mr. BAUCUS or Mr. GRAMM know, we to priorities. What the Byrd-Gramm ceed, I will do so by rereading the sen- will act accordingly and have their amendment will do is fulfill the com- tence that I stumbled on. names added at the appropriate time. mitment we have made by authorizing Earlier this year, I joined 82 other Mr. President, S. 1173, the reauthor- Senators in voting for an amendment that funds collected in the gasoline tax ization of the Intermodal—— be available to build highways. That is by Senator GRAMM in support of trans- Mr. WARNER. Mr. President, would ferring the 4.3 cents gas tax to the the issue. We do not change the for- the distinguished Senator yield? mula in allocating the funds. We meet highway trust fund and spending it on Mr. BYRD. Yes. our rapidly deteriorating transpor- the same requirement the committee Mr. WARNER. Because this is such met, and that is, we guarantee that for tation systems. an important announcement you are And then on July 14, I joined with 82 the first time, every State, at a min- making, and having had the oppor- other Senators and expressed in a let- imum, will get back 90 percent of their tunity to work with you and the others ter to Senators LOTT and DASCHLE, as share of the gas taxes they send to on this, there are 41 cosponsors, but we well as to the chairman and ranking Washington, DC. As a person who is also know of others who made personal member of the Finance Committee, from a donor State, which means we commitments to us over and above the Senators ROTH and MOYNIHAN, the view are currently getting 77 cents for every 41 that intend to vote for the amend- that additional funding for transpor- dollar we send to Washington, that is a ment. tation is urgently needed. dramatic improvement. Mr. BYRD. That is right. And I am We 83 Senators urged that the con- The amendment that Senator BYRD glad the distinguished Senator from ferees on the Reconciliation Act retain will be offering on behalf of some 40 or Virginia, Mr. WARNER, has pointed that the Senate’s transfer of this gas tax 50 cosponsors is an amendment basi- out. I have had several Senators say, into the highway trust fund so that it cally that will allow us to fulfill the for one reason or another, they would could then be used for additional trans- commitment that we have made to the not cosponsor the amendment but that portation spending in the future rather American people. they intended to vote for it when the than being applied toward deficit re- So I am very proud to be an original time comes. I am glad the Senator has duction. cosponsor with Senator BYRD of this brought that to the attention of the Ultimately, the balanced budget amendment. I think it is a very impor- Senate. agreement did include the transfer of tant amendment. I hope our colleagues The reauthorization of the Inter- the 4.3 cents gas tax into the highway will look at it. I hope they will decide modal Surface Transportation Effi- trust fund, beginning October 1, 1997. that it is time to tell the American ciency Act, or ISTEA II as it is often And as a result, the highway account people the truth. It is time to stop col- referred to, will set the authorization of the highway trust fund will receive lecting gasoline taxes and then using levels for the next 6 years for major additional revenues totaling almost $31 those gasoline taxes for purposes other portions of our national transportation billion over the next 5 fiscal years. than building roads. system. And I congratulate the distin- One would think that the budget I yield the floor. guished majority leader, Senator LOTT, agreement would have taken this addi- The PRESIDING OFFICER. Under for his decision to take up this 6-year tional revenue into account in setting the previous agreement, the Senator bill rather than the 6-month extension the allocations of budget authority for from Louisiana is to be recognized for proposed by the other body. the pending 6-year highway bill. In- 7 minutes. In the end, however, the committee stead, under the reported bill, the cash Mr. BREAUX. I thank the President. did not report a bill that in my view balances in the highway trust fund will Mr. President, I want to associate provides sufficient highway funding au- grow massively over the next 6 years. myself with the remarks of the Senator thorizations for either the Appalachian The Congressional Budget Office tells from Texas. I think what he and Sen- Development Highway System or the us that under the committee reported ator BYRD are doing is the correct entire National Highway System. bill the balance in the highway trust thing to do. I am proud to be a cospon- The levels reported were constrained fund will be just over $25.7 billion at sor of their amendment and hope that by the allocation of budget authority the end of fiscal year 1998. And accord- the Senate recognizes that this makes provided to the Committee on Environ- ing to CBO, that trust fund balance a great deal of sense and is the right ment and Public Works by the budget will grow each year thereafter, to an policy as well. resolution. And that allocation does unprecedented level of almost $72 bil- (The remarks of Mr. BREAUX per- not allow anywhere near the levels of lion by the end of fiscal year 2003. In taining to the introduction of S. 1308 highway authorization that can be sup- other words, if we accept the levels of are located in today’s RECORD under ported by the highway trust fund reve- contract authority provided in the re- ‘‘Statements on Introduced Bills and nues over the coming 6 years, nor the ported bill for the next 6 years, we will Joint Resolutions.’’) levels that are seriously needed to pre- have accomplished nothing by placing Mr. BREAUX. Mr. President, I yield vent further deterioration in our Na- the 4.3 cents gas tax into the highway the floor. tional Highway System. trust fund other than to build up these The PRESIDING OFFICER. Under Senators will recall that last year I, huge surpluses which have the effect of the previous order, the Senator from along with Senator GRAMM and other masking the Federal deficit.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10940 CONGRESSIONAL RECORD — SENATE October 22, 1997 I have called for increased levels of It is also critical to point out that Congressional Budget Office estimates infrastructure investment for years. while our highway infrastructure con- that over the 5-year period 1999 And yet, despite my pleas and despite tinues to deteriorate, highway use— through 2003, increased revenue to the the needs of our States and of our con- highway use—is on the rise. Indeed, it highway account will equal $30.971 bil- stituents, we in the Congress have al- is growing at a very rapid pace. The lion. This amendment will utilize these lowed much of the Nation’s physical in- number of vehicle miles traveled has additional revenues in full to authorize frastructure to fall further and further grown by more than one-third in just additional highway spending over the into disrepair. the last decade. 5-year period 1999–2003. As the chart to my left shows, the On the chart to my left we see shown Our amendment does not change the Federal spending for infrastructure as U.S. highway vehicle miles traveled. formulas of the underlying bill. Each a percentage of all Federal spending, The source is the Federal Highway Ad- State will receive its same formula 1980 through 1996, has significantly de- ministration, highway statistics, 1983 percentage share of these additional clined since 1980. And it was more than through 1997. authorizations as it did in the reported 5 percent at that time. And as of 1996, As I say, the number of vehicle miles bill. For the donor States, the amend- it is less than 3 percent. traveled has grown by more than one- ment still ensures they will receive a So in that year—in that year—Fed- third. And the chart represented here minimum of 90 percent return on their eral spending on highways, mass tran- shows the miles traveled in billions, percentage contribution to the high- sit, railways, airports, and water sup- billions of miles. As a result, we are way trust fund. Moreover, our amend- ply and waste water treatment facili- witnessing new highs in levels of high- ment, like the committee-reported bill, ties amounted to just over 5 percent of way congestion, causing delays in the utilizes 10 percent of the total avail- total Federal spending. But as I have movement of goods and people that able resources for discretionary pur- already pointed out, our 1996 Federal costs our national economy more than poses. Increased discretionary amounts spending on these same infrastructure $40 billion a year in lost productivity. of contract authority will therefore be programs had dropped to less than 3 And, Mr. President, it is clear that the available for the multi-State trade cor- percent of total Federal spending—less requirements we place on our National ridors initiative, as well as the 13– than 3 percent of the total Federal Highway System are growing, while State Appalachian Development High- spending. our investment continues to fall fur- way System. Nowhere is there infrastructure in- ther and further behind. Adoption of this amendment will not vestment more inadequate than on our We are simply digging ourselves into change the scoring of the deficit by one Nation’s highways. Our National High- a deeper and deeper hole. It is a proven dime. It has been a routine event in way System carries nearly 80 percent fact that investments in highways re- this Senate for us to adopt authoriza- of U.S. interstate commerce and nearly sult in significant improvements in tion bills that authorize spending lev- 80 percent of intercity passenger and productivity and increased profits for els that far exceed available appropria- tourist traffic. The construction of our business as well as improvements to tions. Within the education area, we national interstate system represents both our local and our national well- have funding authorizations on the perhaps the greatest public works being. According to the Federal High- books that exceed actual appropria- achievement of the modern era. But we way Administration, every $1 billion tions by billions of dollars. The same is have allowed segments of our National invested in highways creates and sus- true in the area of health research, en- Highway System to fall into serious tains over 40,000 full-time jobs. Fur- vironmental programs, agricultural disrepair. thermore, the very same $1 billion in- programs and the like. The actual obli- The U.S. Department of Transpor- vestment also results in a $240 million gation ceiling that will pertain to tation, the DOT, has released its most reduction in overall production costs these highway programs will be set an- recent report on the condition of the for American manufacturers. nually by the Appropriations Commit- Nation’s highways. Its findings are And while we can easily see the eco- tees as has been the case for the past 6 even more disturbing than earlier re- nomic impact of this disinvestment, we years under ISTEA and for many of the ports. The Department of Transpor- must not lose sight of the fact that de- highway authorization bills before tation currently classifies less than teriorating highways have a direct re- that. half of the mileage on our interstate lationship to safety. Almost 42,000 peo- The real question at this time is system as being in good condition. And ple died on our Nation’s highways in whether we will allow the 4.3-cents-per- only 39 percent of our entire National 1996. And that is the equivalent to hav- gallon gasoline tax that is now going Highway System is rated in good con- ing a midsized passenger aircraft crash into the highway trust fund to be au- dition. Fully 61 percent of our Nation’s every day killing everyone on board. thorized for use in the 6-year highway highways are rated in either fair or Let me say that again: 42,000 people bill or not. Eighty-three Senators poor condition. Almost one in four of died on our Nation’s highways in 1996. signed a letter this past July stating our Nation’s bridges is now categorized That is the equivalent to having a their support of the use of these funds as either structurally deficient or func- midsized passenger aircraft crash every for the purposes for which the tax is tionally obsolete. day killing everyone on board. being collected; namely, for the con- There are literally over a quarter of Substandard road and bridge designs, struction and maintenance of our na- a billion miles of pavement in the outdated safety features, poor pave- tional system of highways and bridges. United States that is in poor or medi- ment quality and other bad road condi- Much has been made by the oppo- ocre condition. There are over 185,000 tions are a factor in 30 percent of all nents of this amendment about the deficient bridges across our country. If fatal highway accidents according to possibility that the increased highway we allow the decay of our transpor- the Federal Highway Administration. spending authorized by the amendment tation systems to continue, we will The economic impact of these highway will cause drastic cuts over the next 5 vastly constrict the lifelines of our Na- accidents costs our Nation $150 billion years in other discretionary spending. tion and undermine our economic pros- a year, and that figure is growing. Mr. President, I believe that this ar- perity. Now, Mr. President, I am pleased gument is unfounded. Enactment into According to the Department of today to bring before the Senate, to- law of the Byrd-Gramm-Baucus-Warner Transportation, our investment in our gether with the very able Senators amendment does not cause any cut in Nation’s highways is a full $15 billion GRAMM, BAUCUS, and WARNER, an any Federal program. Let me repeat short each year of what it would take amendment that will increase substan- again that the bill before us is an au- just to maintain current inadequate tially the highway authorization levels thorization bill. It is not an appropria- conditions. Put another way, we would contained in the underlying bill. In tions bill. Therefore, the Appropria- have to increase our national highway doing so, the amendment will authorize tions Committees in each of the next 5 investment by more than $15 billion a the use of the increased revenues that years will have to determine what level year to make the least bit of improve- began flowing into the highway trust of highway spending they can afford ment in the status of our national fund on October 1 of this year. As versus all of the other programs under highway network. shown on this chart to my left, the the committee’s jurisdiction. Each

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10941 year’s transportation bill for fiscal creased authorizations of contract au- PAVEMENT MILES IN POOR TO FAIR CONDITION 1— years 1999 through 2003 will contain an thority for highways contained in the Continued obligation limit for total highway pending amendment. Mileage spending. That limitation will be set I am for increasing discretionary out- State poor & me- Federal aid each year in light of the circumstances lays sufficient to cover the costs of the diocre miles additional highway construction that being faced by the Appropriations Com- California ...... 14,985 48,165 mittees in that particular year. The al- will occur under the pending amend- Colorado ...... 5,571 15,965 ment if the economy continues to per- Connecticut ...... 1,384 5,579 location of outlays to the Transpor- Delaware ...... 584 1,428 tation Subcommittee hopefully will be form favorably as projected. But, we District of Columbia ...... 184 389 Florida ...... 7,858 24,378 sufficient to fully fund the entire con- are not here today to debate the budget Georgia ...... 224 29,777 tract authority provided in this amend- resolution. The time for that debate is Hawaii ...... 306 1,321 Idaho ...... 4,719 8,594 ment for each of the next 5 years. But, next spring when the budget resolution Illinois ...... 10,681 33,207 the Senate and House and the Presi- for 1999 is before the Senate. We are Indiana ...... 5,028 21,586 Iowa ...... 4,545 23,395 dent will have the final say as to what here today to decide whether to au- Kansas ...... 10,987 22,274 is provided for highway spending and thorize additional highway levels for Kentucky ...... 3,380 14,389 Louisiana ...... 4,943 14,503 for all other areas of the discretionary the next 5 years or whether to let the Maine ...... 1,377 6,138 portion of the budget. Put another 4.3-cents gas tax be used instead as a Maryland ...... 1,704 7,404 Massachusetts ...... 3,028 9,154 way, if we do not adopt this amend- bookkeeping mechanism to build up Michigan ...... 10,032 30,729 ment, we may have precluded for the huge surpluses to mask the Federal Minnesota ...... 13,252 29,501 Mississippi ...... 6,853 20,257 next 5 years any additional highway deficit. I urge all Senators to vote to Missouri ...... 8,191 30,178 spending. waive points of order on this amend- Montana ...... 5,336 12,058 Nebraska ...... 6,120 15,086 Regarding the question of outlay ment so as to allow it to be voted on, Nevada ...... 633 5,472 caps on discretionary spending, I fully and I urge all Senators to vote for its New Hampshire ...... 832 3,291 New Jersey ...... 2,318 9,382 support and will strongly urge the adoption. In so doing, Senators will be New Mexico ...... 4,715 9,787 Budget Committee chairman and the voting to restore public trust in the New York ...... 7,656 25,268 North Carolina ...... 7,467 20,036 Senate to include in the budget resolu- highway trust fund, and they will be North Dakota ...... 5,226 13,294 tion for fiscal year 1999 the necessary voting to take the next step toward Ohio ...... 4,316 27,791 Oklahoma ...... 6,813 25,716 provisions to increase discretionary providing substantially increased high- Oregon ...... 5,454 17,535 caps for the following 5 years if the way investments for all States—not Pennsylvania ...... 4,864 27,105 Rhode Island ...... 852 1,589 economy continues to perform at a just one, not just 10, but all States— South Carolina ...... 4,598 17,274 positive rate. As Senators are aware, over the next 6 years. South Dakota ...... 6,527 14,559 Let us take a step forward in restor- Tennessee ...... 4,282 16,733 since the adoption of the balanced Texas ...... 19,277 73,003 budget agreement earlier this year, the ing confidence in Government policies Utah ...... 950 7,520 by using gas tax revenues as we have Vermont ...... 1,869 3,760 projections of revenues have dramati- Virginia ...... 5,198 20,352 cally increased and the projections for told the people that they would be Washington ...... 5,231 18,422 used. Taxes collected at the pump are West Virginia ...... 2,223 10,114 spending have been dramatically cut. Wisconsin ...... 8,806 27,606 The result is a far better forecast than intended to be used to construct and Wyoming ...... 3,664 7,329 was thought to be the case when we maintain safe and modern highways Total ...... 253,629 886,246 voted for the balanced budget agree- and also to provide needed transit sys- 1 ment this past spring. tems. Includes only pavement mileage eligible for federal highway funds. Sources: The Road Information Program (TRIP). Federal Highway Adminis- As the chart to my left shows, a com- It is unconscionable that we should tration. parison of the budget agreement and continue to hold back public moneys OMB’s Mid-Session Review now from our Nation’s highways when they TOTAL DEFICIENT BRIDGES projects revenues to be a total of $129.8 are slipping into such deplorable dis- Bridges Total defi- billion greater over the 5-year period repair. Promise keepers we certainly State >20′ in in- cient 1998 through 2002 than was projected in are not when it comes to the highway ventory bridges the balanced budget agreement —$129.8 trust fund. The money is there. It has Alabama ...... 15,418 5,201 billion greater in revenues than was been specifically collected and des- Alaska ...... 849 212 Arizona ...... 6,147 613 projected at the time of the balanced ignated to be plowed back into high- Arkansas ...... 12,530 3,793 budget agreement. For outlays, the ways for the benefit of the taxpayer, California ...... 22,563 6,216 Colorado ...... 7,688 1,688 forecast is also much brighter than it and yet we are stubbornly sitting on it. Connecticut ...... 4,070 1,259 was a few short months ago. Compared We are stubbornly sitting on that Delaware ...... 775 192 District of Columbia ...... 239 143 to the balanced budget agreement, money. Florida ...... 10,823 2,628 OMB now projects in its Mid-Session It is wrong. It is deceitful. It is bad Georgia ...... 14,306 4,001 public policy. It is deplorable in terms Hawaii ...... 1,070 564 Review that total spending over the pe- Idaho ...... 4,002 790 riod 1998 to 2002 will be $71.6 billion less of its detrimental impact on our econ- Illinois ...... 24,915 6,154 omy. It is contributing to the death Indiana ...... 17,782 5,112 than was projected in that agreement. Iowa ...... 24,844 7,437 The pending Byrd-Gramm-Baucus- and accident rates on our highways. It Kansas ...... 25,460 7,973 Warner amendment takes note of the ought to be stopped. This amendment Kentucky ...... 12,961 4,391 Louisiana ...... 13,664 5,178 new projections in the following way. gives Senators a way to stop it. Maine ...... 2,353 874 The amendment provides that if—if— I ask unanimous consent to have Maryland ...... 4,524 1,418 Massachusetts ...... 5,021 2,931 savings in budgetary outlays for fiscal printed in the RECORD certain tables, Michigan ...... 10,417 3,561 years 1998 through 2002 are still pro- and I shall send the amendment to the Minnesota ...... 12,555 2,668 Mississippi ...... 16,725 6,801 jected to exist in connection with the desk not for the purpose of it being of- Missouri ...... 22,940 10,533 fiscal year 1999 budget resolution, and fered today but only for the purpose of Montana ...... 4,808 1,145 Nebraska ...... 15,584 5,284 if that budget resolution calls for using it being printed and available for all Nevada ...... 1,150 214 any of the projected spending savings, Senators to see it. New Hampshire ...... 2,281 874 New Jersey ...... 6,209 2,855 an allocation of additional discre- There being no objection, the mate- New Mexico ...... 3,475 615 tionary outlays for highways should be rial was ordered to be printed in the New York ...... 17,308 10,946 North Carolina ...... 16,085 6,006 made sufficient to cover the costs of RECORD, as follows: North Dakota ...... 4,617 1,436 the pending amendment. Ohio ...... 27,795 8,664 PAVEMENT MILES IN POOR TO FAIR CONDITION 1 Oklahoma ...... 22,710 9,021 So what we are saying in our amend- Oregon ...... 6,516 1,789 ment is this: If any of the $71.6 billion Pennsylvania ...... 22,327 9,771 Mileage Federal aid Rhode Island ...... 734 356 in spending savings is to be used in the State poor & me- miles South Carolina ...... 8,999 1,884 fiscal year 1999 budget resolution, $21.6 diocre South Dakota ...... 6,108 1,750 Tennessee ...... 18,658 5,458 billion should go toward increasing dis- Alabama ...... 3,628 23,230 Texas ...... 47,192 11,752 cretionary caps in order to cover the Alaska ...... 1,259 3,010 Utah ...... 2,586 714 Arizona ...... 1,705 11,869 Vermont ...... 2,653 1,112 outlays that will result from the in- Arkansas ...... 1,994 19,744 Virginia ...... 12,679 3,602

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10942 CONGRESSIONAL RECORD — SENATE October 22, 1997 TOTAL DEFICIENT BRIDGES—Continued TOTAL DEFICIENT BRIDGES—Continued Total ...... 574,671 186,559

Bridges Total defi- Bridges Total defi- State >20′ in in- cient State >20′ in in- cient ventory bridges ventory bridges

Washington ...... 7,025 1,947 Wyoming ...... 2,889 664 West Virginia ...... 6,477 3.023 Wisconsin ...... 13,165 3,348 FY 1999–2003 TOTAL INTERMODAL SURFACE TRANSPORTATION EFFICIENT ACT II, BYRD/GRAMM AMENDMENT [Preliminary data—dollars in thousands]

S. 1173 FY 1999– State 2003 total as re- Percent Byrd/Gramm Total Percent ported by com- amendment 1 mittee

Alabama ...... 2,211,500 1.9970 556,579 2,768,080 1.9970 Alaska ...... 1,373,201 1.2400 345,600 1,718,802 1.2400 Arizona ...... 1,719,893 1.5531 432,854 2,152,748 1.5531 Arkansas ...... 1,472,869 1.3300 370,684 1,843,553 1.3300 California ...... 10,134,190 9.1512 2,550,537 12,684,727 9.1512 Colorado ...... 1,412,391 1.2754 355,465 1,767,856 1.2754 Connecticut ...... 1,895,552 1.7117 477,038 2,372,590 1.7117 Delaware ...... 520,488 0.4700 130,994 651,481 0.4700 District of Columbia ...... 500,536 0.4520 125,973 626,508 0.4520 Florida ...... 5,099,176 4.6046 1,283,335 6,382,510 4.6046 Georgia ...... 3,882,378 3.5058 977,098 4,859,476 3.5058 Hawaii ...... 861,113 0.5970 166,380 827,492 0.5970 Idaho ...... 908,085 0.8200 228,542 1,136,627 0.8200 Illinois ...... 3,683,946 3.3266 927,157 4,611,103 3.3266 Indiana ...... 2,693,608 2.4323 877,914 3,371,522 2.4323 Iowa ...... 1,461,433 1.3197 367,807 1,829,240 1.3197 Kanasa ...... 1,450,185 1.3095 364,977 1,815,162 1.3095 Kentucky ...... 1,921,071 1.7347 483,486 2,404,557 1.7347 Louisiana ...... 1,967,553 1.7767 495,201 2,462,754 1.7767 Maine ...... 636,102 0.5744 160,097 796,199 0.5744 Maryland ...... 1,668,720 1.5069 419,975 2,088,696 1.5069 Massachusetts ...... 1,968,441 1.7775 495,412 2,463,853 1.7775 Michigan ...... 3,493,538 3.1547 879,236 4,372,775 3.1547 Minnesota ...... 1,655,828 1.4952 416,732 2,072,558 1.4952 Mississippi ...... 1,396,953 1.2614 351,580 1,748,533 1.2614 Missouri ...... 2,635,864 2.3802 663,387 3,299,251 2.3802 Montana ...... 1,173,866 1.0600 295,433 1,469,296 1.0600 Nebraska ...... 929,790 0.8396 234,004 1,163,794 0.8396 Nevada ...... 808,417 0.7300 203,458 1,011,875 0.7300 New Hampshire ...... 575,859 0.5200 144,929 720,788 0.5200 New Jersey ...... 2,668,883 2.1400 671,691 3,340,574 2.4100 New Mexico ...... 1,162,791 1.0500 292,646 1,455,437 1.0500 New York ...... 5,640,544 5.0934 1,419,503 7,060,046 5.0933 North Carolina ...... 3,129,880 2.8263 787,713 3,917,593 2.8263 North Dakota ...... 808,417 0.7300 203,458 1,011,875 0.7300 Ohio ...... 3,812,849 3.4430 959,599 4,772,448 3.4430 Oklahoma ...... 1,745,495 1.5762 439,300 2,184,796 1.5762 Oregon ...... 1,426,177 1.2878 358,934 1,785,111 1.2878 Pennsylvania ...... 4,199,341 3.7920 1,056,906 5,256,247 3.7920 Rhode Island ...... 642,304 0.5800 161,652 803,956 0.5800 South Carolina ...... 1,759,595 1.5889 442,846 2,202,441 1.5889 South Dakota ...... 863,788 0.7800 217,394 1,081,182 0.7800 Tennessee ...... 2,506,281 2.2632 630,768 3,137,049 2.2632 Texas ...... 7,623,695 6.8842 1,918,693 9,542,388 6.8842 Utah ...... 955,428 0.8628 240,460 1,195,888 0.8628 Vermont ...... 520,488 0.4700 130,994 651,481 0.4700 Virginia ...... 2,834,290 2.5594 713,320 3,547,610 2.5594 Washington ...... 2,035,955 1.8385 512,401 2,548,356 1.8385 West Virginia ...... 1,131,708 1.0219 284,833 1,416,541 1.0219 Wisconsin ...... 2,011,684 1.8165 506,291 2,517,975 1.8165 Wyoming ...... 841,639 0.7600 211,820 1,053,459 0.7600 Puerto Rico ...... 508,260 0.4590 127,917 636,176 0.4590 Total ...... 110,742,037 100.0000 27,871,000 138,613,037 100.0000 1 Source of additional contract authority: CBO.

Mr. WARNER addressed the Chair. do not conform to the proper rules of not result in the cutting of any pro- The PRESIDING OFFICER (Ms. COL- exactitude. I don’t say it is intentional. grams. LINS). The Senator from Virginia. I think some of these things have been I can think of those two things in Mr. WARNER. Madam President, if I said, perhaps all, through a misunder- particular. As we go along further in might just enter into a colloquy here standing. I am willing to see it in that the debate, there will be other matters with our distinguished former Senate way. that I hope can be straightened out and leader and now the distinguished rank- There is a great deal of misinforma- the light of truth can be focused on ing member of the Appropriations tion that has been spread. I can under- them. Committee and reflect a little on the stand why, to some extent. The amend- If the Senator thinks of other things very important work which the Sen- ment has not been available for Sen- being said, I will be happy to respond. ator has led on this amendment, to- ators to read. Now it is available, and Mr. WARNER. If I might follow gether with Senator GRAMM, Senator Senators and their staffs will be able to along, in drafting this bill we have BAUCUS, and joined in by myself. read for themselves. I think it is important to share with It does not bust the budget. It will made it very clear that any additional our colleagues what this amendment not intrude upon other programs. It funds next year would be subject to a does not do. It doesn’t break the budg- will not mean that other programs will budget resolution, but they would flow et. We have reviewed that in the num- be cut. and be distributed precisely as provided ber of sessions that the four of us have I have read a letter or memo recently in the committee bill, which I hope had. which indicated certain other pro- will eventually become law. I wonder if my colleague would re- grams—by the way, many of them are So there would be a law in place next count some of the things to dispel, if I funded by my own Appropriations Sub- spring by which those funds as des- may say, some rumors that seem to be committee on the Department of the ignated in this amendment would flow circulating at the moment. Interior, and I have supported those immediately pursuant to the terms of Mr. BYRD. Madam President, I have programs for years and years and in- the committee bill. read and heard some things that are tend to continue to support them. I Now, the key point, Madam Presi- being said about the amendment that would not vote to cut them. It would dent, is that it would not require the

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10943 Senate to have another bill, but alter- Mr. BAUCUS. I yield to the Senator highways, rail and transit—are a wise native measures that I have heard from West Virginia such time as he and essential investment for the Amer- about, Madam President and col- needs. ican taxpayer. leagues, that may be offered in the sec- Mr. WARNER. I ask unanimous con- Almost every economic effort by the ond degree to the amendment we are sent that the time allocated to the U.S. private sector is met by competi- now discussing would require a new Senator from Virginia be consumed by tion worldwide. Mr. President, for bill. what we have just covered in this col- every dollar invested in transportation, Now, that, to me, is very important loquy. there is an economic return of $2.60. because we would take an existing law, The PRESIDING OFFICER. Without Transportation dollars are, in military move the funds through it under a for- objection, it is so ordered. terms, a strong force multiplier. mula, hopefully, that Senators will Mr. BYRD. Madam President, I would The Department of Transportation find equitable and not have to revisit view that happening with some dis- also confirms that transportation in an election year. Madam President, appointment, if not sadness. I hope spending is important for American those of us who have been here a while that no effort will be made to repeal workers. For every $1 billion spent on know—and I certainly defer to the ex- the gas tax. If that happens, that would transportation, there are 50,000 new perience and knowledge of the former mean an increase in the deficit. And if jobs. majority leader of the U.S. Senate—in the author of such an amendment hap- Only with such forces can we survive an election year, the chances of getting pens to think that that would bar the in this one market world. So, Mr. through a bill of this nature, allocating amendment that has been offered by President, I urge my colleagues to funds, is exceedingly difficult. I ask my the distinguished Senator and two oth- carefully consider the amendment we colleague, does he not agree with that ers of my colleagues, and myself, and offer today. observation? has been cosponsored by 37 additional The Byrd-Gramm, Warner-Baucus, Mr. BYRD. I agree with the distin- Senators—if the author of such an amendment is the most realistic guished Senator. He is preeminently amendment thinks for a moment that chance for us to provide needed funds correct. We should do it in this bill that would bar the carrying into the ef- for transportation based on actions by that is before the Senate now. It should fect of the amendment we have been this Congress in future budget resolu- not be a 6-month bill or a 1-year bill. discussing, that Senator would be sadly tions. We ought to do it in this year, in this mistaken because there are moneys in I have joined this amendment be- bill. Then we will have notified the the trust fund sufficient to carry out cause it ensures that the underlying highway departments of the 50 States the purpose of the amendment that I formula, for distribution of funds, of more accurately as to what they can am offering, or will be offering at the the Committee bill remains intact. depend upon over the next 5 years inso- appropriate time, which I have sent to For donor states, this is critically far as planning is concerned. the desk for printing. So, No. 1, it important because every state will con- Mr. WARNER. The distinguished would increase the deficit. No. 2, it tinue to receive 90 percent of the funds Senator brings up a key point. I hope would have no effect on the amend- distributed based on each state’s con- each Senator will consult with their re- ment that is being offered by the other tributions to the highway trust fund. spective Governors and highway offi- Senators and I. Ninety percent of the additional cials on this matter, because particu- Mr. WARNER. I thank my distin- funds, provided under this amendment, larly in the Northeast States and the guished colleague. will likewise be apportioned to each Far West, Madam President, weather Mr. BYRD. That would enable the state. Apportioned in the same manner will close in. There is a shorter period funds in the trust fund to carry out as the formula provides under the com- within which to do the vital construc- their purposes. mittee bill. tion for surface transportation. And Mr. WARNER. We clearly looked at Simply stated, this means that no unless there is in place a piece of legis- our amendment to make certain it state’s percentage share of the program lation that gives the certainty of 6 would be operative irrespective of the will change with the additional funds years, then they are put at a severe Senate and, indeed, congressional ac- provided in the Byrd-Gramm amend- disadvantage. I think that is key to tion on such a proposal as to repeal the ment. this bill. 4.3-cent gas tax. Ensuring that every state gets a fair One last thing and I will yield the So, again, Mr. President, I join my return of 90 percent of the funds sent to floor. Another situation that is being colleagues, Senator BYRD, Senator the states under the formula is a fun- discussed, should we say, in the hall- GRAMM, and Senator BAUCUS, to in- damental principle of ISTEA II. ways, is a means to stop the amend- crease the authorization levels in It is a principle that I will not aban- ment we are discussing by repealing al- ISTEA II using funds generated by the don. together the 4.3-cent gas tax. Now, 4.3 cents per gallon gas tax. I am satisfied that this amendment is Madam President, if that measure is Along with the support of many of compatible with the formula revisions brought forward, that is a very signifi- my colleagues, we have waged strong established in the committee bill. cant step that I think we should give a efforts this year for higher funding lev- For this reason, I am pleased to join great deal of consideration to before els for our nation’s surface transpor- my colleagues in support of this anybody takes that initiative. tation programs. amendment. So, Madam President, I conclude by I initiated that effort and my amend- My colleague from New Mexico, Sen- putting a question to the ranking ments to spend additional revenues ator DOMENICI, may offer a different ap- member of the Appropriations Com- from the highway trust fund earlier proach that makes it very difficult for mittee, the former chairman and this year failed by 1 vote. more funds to be directed to our na- former majority leader, what would be Later, during the debate on the con- tion’s highways. the consequences, in his judgment, if ference on the budget resolution, 85 The amendment which may be of- such a measure as repealing the 4.3- Senators urged—by letter—the con- fered by Senators DOMENICI and CHAFEE cent tax were to be brought before this ferees to raise the allocation to the will provide an expedited process to body—with the extensive debate that highway program so that a portion of pass another bill to allow for more we have and the unlikely nature of it the 4.3 cents Federal gas tax could be transportation spending following ac- being accepted—but in the event it spent. That effort received no response. tion on next year’s budget resolution. were? Once again, with the amendment we That expedited process, however, re- The PRESIDING OFFICER. Under offer today, we have another oppor- quires the Senate to pass a new bill. No the previous order, the 30 minutes of tunity to ensure that additional fund- additional funds that may be provided the Senator from West Virginia have ing is made available to modernize and in a future budget resolution can be re- expired, and under the previous order, expand our nations surface transpor- leased unless we enact a new bill. the Senator from Montana was to be tation system. Mr. President, the benefits of the recognized, followed by the Senator I continue to believe that invest- Byrd amendment ensures that our from Virginia. Is there objection? ments in our transportation system— states will not have to wait again for

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10944 CONGRESSIONAL RECORD — SENATE October 22, 1997 the Congress to act. If any additional part of that package provided that 2.5 sion here on the floor about truth in funds are provided in a budget resolu- cents of the fuels taxes be for deficit taxes and how unfair it is to the Amer- tion, they will go out through the nor- reduction, temporarily, and that we ican public that when our wives go and mal process in an appropriations bill would put it into a trust fund. That pump the gas into the car, they believe and then be allocated by the provi- was in 1990. It was to go back into the that every tax they pay on that is sions, then in law hopefully, in this trust fund in 1995. going into roads and bridges. That may committee bill. Tomorrow, I am going to lay a clear- be what they think, but that isn’t what As a result, America’s transportation er outline in the RECORD. But I know the facts are. In 1993, it was crystal system will benefit. Americans will not that our friends—and they are our clear. There was all kinds of debate be left stalled in gridlock waiting for friends; I consider them friends—are here. I am not saying that was wrong. the Congress to pass another bill in an going to argue that the American peo- I voted against the entire package but, election year. ple did not understand this money to as I said, that is neither here nor there. Mr. CHAFEE. Madam President, I be used for transportation needs, that It is clear that the money for gasoline wonder if the distinguished senior Sen- the American people, all along, have taxes was to go for deficit reduction. ator from West Virginia would yield for known otherwise. But that is not the Mr. BAUCUS. Will the Senator yield a couple of questions. case. I go back to 1956, and there are on that point? Mr. BYRD. I will be happy to. I may people who were infants at that time— Mr. CHAFEE. I don’t even have the have to ask my friends who are on the I should even say babies, some who floor. I am here by sufferance. committee and are far more expert hadn’t been born yet who, for the next The PRESIDING OFFICER. Under than I on the subject matter to answer, 34 or 36 years after that period were the previous order, the Senator from or to help answer. paying taxes on gasoline at the pump Montana is entitled to the floor at this Mr. CHAFEE. First, I say to the Sen- and who believe clearly and had good point. ator that I am very pleased that the reason to believe because that is what Mr. BAUCUS. How much time do I amendment has now been submitted. It they were told and that was a fact, have left? is submitted for printing—I guess not that those gas taxes were going to be The PRESIDING OFFICER. The Sen- formally submitted. Anyway, this is returned to the States by way of trans- ator has 20 minutes. the amendment that we are going to portation infrastructure. So that’s Mr. CHAFEE. I will give you all of act upon, as I understand it. what the American people have been my time that I don’t have. Mr. BYRD. Yes. told. We know now, and it has been Mr. BAUCUS. I say to the Senator, Mr. CHAFEE. I thank the Senator for made clear in a recent study titled, back in 1993, it was a very difficult that because, so far, we have not been ‘‘What Americans Think About Federal time. The President and the Demo- sure what we were dealing with. But Highway Investment Issues.’’ This is cratic majority of the Congress were now we know. presented by the Transportation Con- trying to figure out a way to get us on I say this to the Senator. I ask the struction Coalition Commission’ Opin- the path toward deficit reduction. Senator, I listened to the statements ion and Survey. I might say to my good friend from on the floor here from the Senator It is not surprising then that fully 75 per- Rhode Island that I think it worked. from Texas and others, and there has cent of Americans say that the United That package dramatically set us on a been a lot of talk about truth in taxes States should use the gas tax exclusively to glidepath which has enabled us to and how wicked it was that this 4.3 pay for road and bridge improvements and begin to reduce our budget deficit. In cents has not gone for highways, and not on nontransportation programs. Fully 71 fact, the budget resolution which was that it was deceptive to the American percent of Americans want the $6 billion in passed this year, which allows us to motoring public that when this tax was gas tax revenues, now spent on nontrans- portation programs, shifted to highways and balance the budget was due in large levied, it was levied on the basis that it bridge safety improvements. Indeed, 69 per- part to that 1993 package. would be used for bridges, highways, cent of the majority say the U.S. Govern- Having said that, I can remember and so forth. Yet, I ask the Senator, ment should place an even higher priority on when I cast that vote. At first, some was it not true when that tax was en- highway and bridge improvements of any were proposing a higher tax than 4.3- acted, the 4.3-cent additional gasoline type than it does now. cents per gallon. I think it was up to a tax, in 1993, it was crystal clear to ev- So I thank the distinguished Senator nine cents or so. I argued that I op- erybody that that was a deficit reduc- for asking the question. I say, yes, posed using a gasoline tax for deficit tion; am I correct in that? there was a brief interlude in those reduction. And because of these argu- Mr. BYRD. Let’s go back to 1990 just years between 1956 and 1997 when some ments, the final number was 4.3 cents. a bit. The distinguished Senator has of the gas taxes were to be used on re- So while I didn’t like the idea of a gas specificated the 4.3 cents. Let’s go back duction of the deficits. But that is not tax for deficit reduction, I supported it to 1956, when I was in the Congress. We the case now, and it was not the case for the greater good of getting the def- passed the interstate highway bill dur- for 34 years prior to the year 1990. icit reduced. And again, that package ing the Eisenhower administration and Mr. CHAFEE. Well, Madam Presi- led get down the road to deficit reduc- I voted for it. We passed legislation dent, the point I am making here is tion. But I knew at that time, that providing for a highway trust fund and that, in 1993—and we were all here at once the deficit was reduced, we would for taxes on fuels that would be depos- the time—the President of the United be working get this money back to the ited into that highway trust fund. And States came forward with a deficit re- trust fund for transportation uses. it was clearly understood by the Amer- duction program. In that deficit reduc- Indeed, that is what this Congress ican public then that that money was tion program—this was in 1993—there has done. We have voted to transfer the going to come back to the public in was a 4.3-cent added gasoline tax im- 4.3 from deficit reduction to the trust meeting their highway and other trans- posed. It was crystal clear to every- fund. That vote passed by a very large portation needs. So that thought was body who paid any bit of attention to margin with a majority of Republicans thoroughly ingrained into the minds it that that was for deficit reduction. voted for it. and hearts and pocketbooks of the That went into the general fund. It Mr. CHAFEE addressed the Chair. American people more than 40 years wasn’t for gas, it wasn’t for highways The PRESIDING OFFICER. The Sen- ago. or bridges, it was for deficit reduction. ator from Rhode Island. Now, we come up to 1990, 34 years I voted against it. Every single Repub- Mr. CHAFEE. I am not going to subsequent thereto, and we go to the lican voted against it, but that is nei- argue against the action that was meeting that was held over at Andrews ther here nor there. The fact is that it taken at that time. I think the Senator Air Force base. I was part of that meet- passed. In those days, there were a ma- may well be right, that those actions ing. We passed the legislation as part jority of Democratic Senators in this started a glidepath toward signifi- of a package. President Bush entered body, and those 1993 moneys were cantly reducing the deficit. All I am into that agreement. I believe that clearly for deficit reduction. So the saying here is that nobody was under former Speaker Foley was there and reason I am stressing this is because any illusions at the time. I am just try- was part of it. Several us were there. A we have heard some powerful discus- ing to rebut the statements being made

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10945 here that what we need is truth in tax- OMB’s midsession review are realized would continue to use this money to ation, truth in gasoline taxation, and and if Congress decides to spend them, mask the true budget deficit. It is that this is a great deception to the then transportation programs should phony business. It is smoke and mir- American people. There was no decep- be fully funded. Let me emphasize the rors to let that happen. It just is not tion. It was absolutely clear in 1993 key words here. If there are additional right to let these balances accumulate when those votes were taken—I am not savings from the economy and if Con- to such a large degree to mask the true arguing with people who voted for or gress decides to spend them, then budget deficit. That is wrong. And against it, but nobody in this Chamber transportation should be fully funded. again that would happen if this amend- was under any illusion that that money So nothing is mandated. There is no ment does not pass. It just happens was going to build roads or bridges. It automatic increased spending. All of automatically if it doesn’t pass. was going to go to deficit reduction. that will be decided by Congress next I might also add, Madam President, Mr. BAUCUS. Madam President, I year and in future years. We are only that I hear some Senators who are un- would like to ask the Senator, if he is saying that we should authorize these happy with the formula in the under- going to speak, not to speak in my additional funds so that if additional lying bill. They have asked for more time because I would like to finish my spending is available, the authorization money for their States. I have heard statement, and I see it slowly slipping process is complete. We do not man- from many States. It is a rare State away. date anything. We are not mandating that doesn’t make that plea. Mr. CHAFEE. I think we better let the Budget Committee to take action. There is only one way to help States the Senator get on with his statement. We are not mandating the Appropria- get more money and that is to vote for I have no time. tions Committee to spend any addi- the Byrd amendment. Every State will Is the Senator the last speaker? tional money. We are just saying they receive more contract authority. If we Mr. BAUCUS. I have no idea. should spend the additional savings if do not have this extra contract author- Mr. CHAFEE. Go to it. that savings is available. ity, there is no way we can help States Mr. BAUCUS. I appreciate the good Now, the total savings available, if get more money. So if you need more points made by my friend from Rhode OMB’s midsession review is accurate, money and if you feel you are not being Island, but they are really sort of ob- will be about $200 billion. That is to dealt with fairly, this amendment will fuscation. They really don’t get to the say that we in the Congress will have help bring that result. We will not be central point, the central point being $200 billion more than we thought we able to help any States or any pro- should we or should we not pass the had when we passed the last budget grams without more money. Madam President, I have more points Byrd-Gramm-Baucus-Warner amend- resolution. That is, the economy has I want to make, but I think it is prob- ment which will increase the contract been doing so well that there will be ably more appropriate to bring those authority or authorization of transpor- about $71 billion less in spending—that points up when the amendment is actu- tation programs. is less in unemployment compensation ally before us. But I just wanted to There have been a lot of statements insurance, for example—and about $130 summarize by saying that I ask Sen- from my colleagues about this amend- billion in additional revenues because ators to read the amendment now that ment already. So I will be very brief. the economy is doing so well. This is The most important point is one the it is available and they will see it does over a 5-year period. It is these savings not cause all these problems that some Senator from West Virginia has so cor- that we are targeting in this amend- rectly made. We have tremendous fear it will cause. And on the contrary, ment. they will see that it does not bust the transportation infrastructure needs, Let me also say what this amend- budget and will not cause a funding cut and that they are not being met. In- ment does not do. Some Senators have deed, the Department of Transpor- to other programs. said, and I think it is true that it is Madam President, I yield the floor. tation has concluded under the current based on incorrect information—it is The PRESIDING OFFICER. The Sen- highway program we need about $15 not their fault; the amendment has not ator from Rhode Island is recognized. billion a year in additional spending to been available for them to read. Some Mr. CHAFEE. Madam President, I meet our highway needs. Senators said, well, this amendment want to call to the attention of my col- And these investments help us com- will cut other programs. It is going to leagues, both here on the floor and pete globally. It is this competition cut Head Start. It is going to cut edu- elsewhere, that there will be a that has helped us reach the economic cation programs. Domenici-Chafee amendment which growth we have today. But we have to Let me be clear. This amendment in will provide a simple, fast-track meth- invest more in the engine of the econ- no way cuts funding for any program. od to increase highway spending with- omy, our transportation network. Let me repeat that. The effect of this out requiring an entire new ISTEA bill. Other nation’s are investing more in amendment is not to cut any program. So let’s put to rest the suggestion that infrastructure in order to catch up to That is because we are only author- all kinds of complications are going to us. If you look at what other countries izing additional spending with the an- have to be gone through in order to in- spend on infrastructure, Japan is four ticipation that future economic sav- crease highway spending under the bill times as a percentage of GDP and Eu- ings will be available to fund these au- that is before us, plus the amendment rope twice as much as we do. Just look thorizations. If we do not do this, if we that Senator DOMENICI and I will sub- around the D.C. area. Anybody who are locked into the lower numbers in mit. drives around here, with all the pot the underlying bill, we will not be able So, therefore, you say, what’s the dif- holes and congestion, knows how much to increase these numbers during the ference? What’s the difference between we need to improve the highways in six year authorization. Not unless the the two bills? Domenici-Chafee pro- this country. Environment and Public Works Com- vides a fast-track method to provide So how do we meet these transpor- mittee writes a new bill to do so. We do additional funding and the so-called tation needs? We begin by increasing not want to have to write a new high- Byrd bill, Byrd-Baucus-Warner-Gramm the authorizations for transportation way bill every year. That does not bill says there will be increased fund- spending. We have to do that with the make sense. But the important point is ing for highway spending. But, let me Byrd-Gramm amendment because we that increasing the contract authority just tell you the difference, Madam are faced with a budget resolution will not cut the spending for other pro- President. What the Byrd bill says, it which has limited the amount of grams. says, now, what the contract authority money that the Environment and Pub- And this amendment does not bust will be, and since that is to be appor- lic Works Committee can spend. And the budget. Again, that is because it tioned in just the present proportions these limits are too low. only increases the contract authority that exist amongst the States, that ap- So the amendment Senator BYRD is for transportation programs. plies a chart immediately that will go offering is a very creative way to meet Another point. If this amendment out, telling each State what it will get the needs of our highway system. It is does not pass, the balances in the high- for each successive year. very simple. It says that if the savings, way trust fund will be $71 billion by the There is a hitch there, though. That’s or a portion of the savings projected in year 2003. That is not right. Congress a promise, it appears. But the sponsors

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10946 CONGRESSIONAL RECORD — SENATE October 22, 1997 are stressing that it is not a promise, up to the discretion of the Budget Com- Mr. CHAFEE. I might say I think the that the appropriators do not have to mittee and appropriations committees Senator is on weak ground to suggest I provide that amount of money. Here is to make these decisions, but that they am slow. If I understand, the first dis- the problem under that approach. I just will be under such pressure that they cussion of the Byrd amendment was on look here on page 2, ‘‘Authorization Of will not be able to decide responsibly October 9th. I know there is a gesta- Contract Authority: There shall be what is right for the country? That is tion period here, but this has been un- available from the Highway Trust what I understand the Senator to be usually long. Whereas we have not been Fund . . . to carry out this subsection saying. discussing our amendment publicly and [$5.x billion] for fiscal year 1999,’’ $5.471 Mr. CHAFEE. What I am saying is talking about it, it is going to come. I billion the next year, on and on it goes these amounts are listed here as con- think it was first going to come on the until it gets up to $5.781 billion. tract authority. I mean that is the 10th; then it was going to come on That is contract authority. And, ab- word. And that means that every single Monday the 20th. Then we looked for- sent something occurring, that is what State will anticipate—they can work ward with bated breath for it on the the States will get. But the question is, these percentages out. You don’t have 21st. Indeed, it has not even been sub- is that what the appropriations are to be a Phi Beta Kappa to do that. And mitted yet. going to be? Here is the hitch. Every they will anticipate what they are get- You could perfectly well revise this. I State department of transportation ting. don’t know why you haven’t filed it. will look, as I say, at these amounts, Indeed, proponents are already say- Mr. BYRD. Madam President, will everybody can figure out what their ing every State is going to get 25 per- the Senator yield? percentage is now and, since the prom- cent more. They don’t know they are Mr. CHAFEE. Sure. Mr. BYRD. Madam President, I call ise is they are going to get the same going to get 25 percent more. That is the attention of the Senator to a letter percentage, we will figure let’s see, what I mean. They are riding one horse dated October 9th, signed by Mr. what does Rhode Island get out of this? saying you are going to get 25 percent CHAFEE and by Mr. DOMENICI, to col- Let’s see, in fiscal year 2001 things look more because there it is, ‘‘in contract leagues, in which the two Senators pretty good. You just take $5.573 bil- authority.’’ At the same time they are promise that there will be an amend- lion, which is on top of the amounts we saying we leave it completely up to the ment forthcoming. They even enclose have already, the $21 billion, you just appropriators, it is not necessarily 25 an one-page summary of their amend- percent. add that in and figure this is what we ment. And they say, ‘‘We hope that we are going to get in Rhode Island. But Which is it? Mr. BAUCUS. I think it is very clear. can have your support for this impor- Rhode Island is not—or Maine, or Mon- tant matter.’’ So on October 9th they tana or West Virginia—is not nec- The point of this is we transferred 4.3 cents to the highway trust fund. Those had an amendment. That was before essarily going to get these amounts the recess occurred. They had an are dollars that Americans expect to be which appear to be promises because amendment, apparently, then, because used for highways. And I think the they are not promises because the ap- they sent this to all their colleagues. I Senator is correct in saying there is a propriators have to act. don’t believe I received one. Maybe I So, it seems to me the proponents of very strong presumption that that con- did. I’m not sure. tract authority will be spent someday. the bill are riding two horses here. One, In any event, they had the amend- The Budget Committee and the Appro- they are saying to every State, you are ment then. Why have they waited until going to get 25 percent more, isn’t that priations Committee along with the this date? They had it on October 9th. wonderful? At the same time they are rest of Congress will decide if the con- Today is October the 22nd, and we still saying, oh, there are no commitments. tract authority will be spent. But that don’t see the amendment. But that is Nothing is done. We are not breaking is only if economic savings are real- not so important. the budget. We are just going to leave ized. But the beauty of the amendment May I say to the distinguished Sen- it to the appropriators. Other programs is if for some reason it does not make ator from Rhode Island that the States can get what they want. sense next year to increase transpor- know that they may not get the full The problem, it seems to me, is once tation spending, they still have that authorized level. They never did under you get these sums out there in con- discretion. That is the beauty of it. ISTEA, under ISTEA I, in previous tract authority, as is in the Byrd bill, So, in answer to the Senator, it is years. They didn’t get the authorized that every department of transpor- very clear. It could not be more clear. level. tation, every Governor will figure that Yes, there is a very strong presumption May I also add I will be glad to join is what is coming and there will be tre- because the amendment says it should with the Senator and with Mr. DOMEN- mendous pressure on this body to come be spent. But it does not say it must be ICI in raising the caps. I will be happy through on the promise, seeming prom- spent. It does not mandate that. But I to do that at the proper time, and I ise. They will stress, rightfully, it is personally feel it should be spent. The will urge that that be done. But there not a promise. But who knows what the cosponsors of this amendment very is time for that, yes. requirements are going to be for the strongly believe that those dollars Yes, the pressure is going to increase. budget, on the budget in the year 2001? should be spent. No doubt about it. The pressures will Or 2002? Or 2003? It may well be we But, still, we can’t totally predict increase because the people are going want to spend more on education. We the future. I can’t. I don’t think any- to want to get what they have been may want to spend more on health body in this body can. So next year if promised. Say what you like, but on care. It may be we want to cut taxes. for some reason the Budget Committee May 22, 83 Senators voted that 4.3 cents But here this is locking us in. and Congress decides it wants to make should be returned to the trust fund I know they will deny it is locking us some other decision, it can. And the and be spent on highway needs. That in. Why, contract authority, that is Senator knows, under the terms of this was 5 months ago. Only half of the task just there, you can change it. But I will amendment, the Budget Committee has been done, the transfer of the tax, guarantee by this time tomorrow every can. But the Senator also is correct in but no spending of that revenue is cur- State will have a chart showing what saying there is a strong presumption rently authorized. So, I think when the they are going to get for 1999, 2000, 2001, under this amendment that this money people out in the various States, the 2002, and 2003. And it will appear to be should be spent on highways if the sav- hills and hollows, the seashores, read a promise. That, to me, I believe, is a ings are realized. Again, the amend- about this amendment they are, in- definite flaw in this measure. ment provides ‘‘if the savings are real- deed, going to increase pressure to Mr. BAUCUS addressed the Chair. ized.’’ have us live up to the commitment The PRESIDING OFFICER. The Sen- I have one question for the Senator. that we know has been made and which ator from Montana. When are we going to see the amend- was being urged by 83 Senators on May Mr. BAUCUS. If the Senator will ment of the Senator? 22nd. yield, if I understand the Senator, he is Mr. CHAFEE. It will be available to- I thank my good-natured friend, Mr. saying under the Byrd-Gramm-Baucus- morrow. CHAFEE. He is always very good na- Warner amendment it is true that it is Mr. BAUCUS. Tomorrow. Good. tured, humorous, pleasing to get along

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10947 with. I enjoy serving with him. I thank Chafee/Warner amendment No. 1314 (to Mr. LOTT. Senator FORD is correct. him for yielding. amendment No. 1313), of a perfecting nature. Thank you for focusing attention on If he will yield just one moment fur- Motion to recommit the bill to the Com- this important safety aspect of the ther, I ask unanimous consent, Madam mittee on Environment and Public Works, amendment. Our country increasingly with instructions. President, that the amendment that I Lott amendment No. 1317 (to instructions depends on a reliable, safe, dependable am offering today on behalf of myself, of the motion to recommit), to authorize underground infrastructure of pipelines Mr. GRAMM, Mr. BAUCUS, Mr. WARNER funds for construction of highways, for high- and communications networks. To pro- and 36 other Senators, be printed in the way safety programs, and for mass transit tect these facilities against damage RECORD so that all Senators may read programs. from excavation activities, States have it tomorrow. Lott amendment No. 1318 (to amendment developed one-call programs. These (The text of the amendment No. 1397 No. 1317), to strike the limitation on obliga- programs notify facility owners of im- tions for administrative expenses. is printed in today’s RECORD under minent excavation in the vicinity of ‘‘Amendments Submitted.’’) CLOTURE MOTION those facilities. The owners can then Mr. BYRD. And, while I am on the Mr. CHAFEE. Mr. President, I now mark the location of those facilities, floor on my feet, I shall read the names send a cloture motion to the desk to protecting both the facilities and the of the other cosponsors. And we are ex- the pending committee amendment. excavator. My legislative goal is to pecting additional cosponsors, as I in- The PRESIDING OFFICER. The clo- augment and improve the effectiveness dicated earlier today, with several Sen- ture motion having been presented of these State programs. ators saying they won’t cosponsor but under rule XXII, the Chair directs the Mr. FORD. Does the legislation im- they would vote with us. clerk to read the motion. pose mandates on States and require The following Senators have agreed The bill clerk read as follows: them to change their programs? up to this point to cosponsor the CLOTURE MOTION Mr. LOTT. The answer is an em- amendment: Senators AKAKA, We the undersigned Senators, in accord- phatic ‘‘no.’’ The legislation does not ASHCROFT, BAUCUS, BREAUX, BRYAN, ance with the provisions of Rule XXII of the impose any federal mandate on the BUMPERS, BURNS, BYRD, CLELAND, Standing Rules of the Senate, do hereby States to modify their existing one-call COATS, COVERDELL, DEWINE, DORGAN, move to bring a close debate on the modified programs. The bill does not dictate the FAIRCLOTH, FEINSTEIN, FORD, GRAMM of committee amendment to S. 1173, the Inter- content of these programs from Wash- modal Surface Transportation Efficiency Texas, GRAMS of Minnesota, HARKIN, ington. Period. The legislation does, Act: HOLLINGS, HUTCHINSON of Arkansas, Trent Lott, John H. Chafee, Pat Roberts, however, encourage States to improve INHOFE, INOUYE, JOHNSON, KENNEDY, Slade Gorton, Jon Kyl, Dan Coats, Ted their programs, and it makes funding KERREY of Nebraska, KERRY of Massa- Stevens, Mitch McConnell. available for that purpose. chusetts, LANDRIEU, LEAHY, LIEBER- Mike DeWine, John W. Warner, Larry E. To be eligible for the funding, the MAN, MCCAIN, MCCONNELL, MIKULSKI, Craig, Don Nickles, Jesse Helms, State programs must meet certain REID of Nevada, ROCKEFELLER, Chuck Hagel, Dirk Kempthorne, Lauch minimum standards, but even those SANTORUM, SESSIONS, SHELBY, SPECTER Faircloth. standards are performance-based, not and WARNER. Mr. CHAFEE. Mr. President, for the prescriptive. I thank the Senator for allowing me information of all Senators, the cloture Frankly, legislation that contained a the privilege of reading these names vote will occur on Friday of this week federal mandate for a one-call system into the RECORD. if cloture is not invoked earlier on was tried a few years ago, and it failed. The PRESIDING OFFICER (Mr. Thursday. All Senators will be notified There were endless fights over how the ALLARD). The Senator from Rhode Is- as to the exact time of this cloture bill should be written precisely due to land. vote. the fact that there are indeed 50 dif- Mr. CHAFEE. Mr. President, I sug- Mr. President, I ask unanimous con- fering perceptions. Valid perceptions gest the absence of a quorum. sent that the mandatory quorum under and experiences which match up to the The PRESIDING OFFICER. The rule XXII be waived. many programs already in existence. clerk will call the roll. The PRESIDING OFFICER. Without This year, this mistake was avoided The bill clerk proceeded to call the objection, it is so ordered. with this legislative approach—no roll. f mandates. And I am pleased to say that Mr. CHAFEE. Mr. President, I ask is why it enjoys broad support on both unanimous consent that the order for MORNING BUSINESS sides of the aisle. the quorum call be rescinded. Mr. CHAFEE. Mr. President, I ask In fact, at the conclusion of my re- The PRESIDING OFFICER. Without unanimous consent that there now be a marks, I will ask unanimous consent to objection, it is so ordered. period for the transaction of morning have printed in the RECORD a letter f business, with Senators permitted to from Secretary of Transportation INTERMODAL SURFACE TRANS- speak for up to 5 minutes each. Slater, dated October 16, recognizing PORTATION EFFICIENCY ACT OF The PRESIDING OFFICER. Without the importance of including one-call 1997 objection, it is so ordered. legislation as part of the reauthoriza- f tion of the ISTEA legislation. Mr. CHAFEE. Mr. President, I ask Mr. FORD. Among the minimum unanimous consent that the Senate ONE-CALL NOTIFICATION standards required for a program to be now resume the highway bill. Mr. FORD. Mr. President, I would eligible for federal assistance is the re- The PRESIDING OFFICER. Without like to clarify the intent of a portion of quirement for ‘‘appropriate participa- objection, it is so ordered. The clerk the Commerce Committee’s ISTEA tion by all excavators.’’ However, the will report. amendment that deals with State one- bill does not define these terms. Isn’t The bill clerk read as follows: call (‘‘call-before-you-dig’’) programs. that going to lead to a variety of in- A bill (S. 1173) to authorize funds for con- I’m interested in this language as it re- consistent outcomes? struction of highways, for highway safety lates to the treatment of railroads. I Mr. LOTT. What I have found is that programs, and for mass transit programs, understand that the provisions pro- there is not one single one-call defini- and for other purposes. posed to be added to the ISTEA legisla- tion that applies equally to all 50 The Senate resumed consideration of tion are the same as the provisions of States. The various State laws on the the bill. S. 1115, the ‘‘Comprehensive One-Call books have certain elements in com- Pending: Notification Act of 1997.’’ mon, but there are just as many dif- Chafee/Warner amendment No. 1312, to pro- The Leader, together with the Minor- ferences, and those differences often vide for a continuing designation of a metro- ity Leader, introduced this bill as S. are appropriate. Montana will not need politan planning organization. Chafee/Warner amendment No. 1313 (to lan- 1115 in July, and the Committee on the same law as Mississippi. For that guage proposed to be stricken by the com- Commerce, Science and Transportation reason, the bill allows States flexi- mittee amendment, as modified), of a per- already held a hearing on this bill in bility by not mandating a single defini- fecting nature. September. tion written in Washington.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10948 CONGRESSIONAL RECORD — SENATE October 22, 1997 Mr. FORD. While there is not a defi- of-way agreements companies have ne- $1,140,014,000,000 (One trillion, one hun- nition of ‘‘excavation’’ in the bill, some gotiated between themselves. Can this dred forty billion, fourteen million) definitions in other bills on this sub- concern be addressed? which reflects a debt increase of more ject would have covered routine rail- Mr. LOTT. I want to personally as- than $4 trillion—$4,280,369,941,176.62 road maintenance. I am concerned that sure Senator FORD that this bill does (Four trillion, two hundred eighty bil- railroads might be required to partici- not override private contracts, just as lion, one hundred sixty-nine million, pate in a program that places an undue it does not override existing State pro- nine hundred forty-one thousand, one burden on activities that pose little grams. If expert opinions believe doubt hundred seventy-six dollars and sixty- threats to underground facilities. How is created than I will offer an amend- two cents) during the past 15 years. would the bill before us affect this mat- ment to remove this consequence. f ter? Mr. FORD. I thank the Leader for his Mr. LOTT. Again, I say to Senator clarifications regarding this legisla- U.S. FOREIGN OIL CONSUMPTION FORD, the bill does not require States tion. FOR WEEK ENDING OCTOBER 17TH to change their existing programs. So Mr. LOTT. Mr. President, I ask unan- Mr. HELMS. Mr. President, the it would not change the way railroads imous consent that the letter from American Petroleum Institute reports are treated under any existing State Secretary Slater be printed in the that for the week ending October 17, laws. I understand about 30 States laws RECORD. the United States imported 7,927,000 now cover at least some railroad ac- There being no objection, the letter barrels of oil each day, 204,000 barrels tivities while about 10 specifically ex- was ordered to be printed in the less than the 8,131,000 imported each empt railroads from coverage. The bill RECORD, as follows: day during the same week a year ago. will not change the exemption in these THE SECRETARY OF TRANSPORTATION, While this is one of the few weeks States. Will not. The fact that 30 Washington, DC, October 16, 1997. that Americans imported less oil than States have chosen to include railroads Hon. TRENT LOTT, the same week a year ago, Americans within their programs suggests that at Majority Leader, still relied on foreign oil for 55.4 per- least in these instances, State legisla- U.S. Senate, Washington, DC. cent of their needs last week, and there tures determined that some potential DEAR SENATOR LOTT: Thank you for your continued support in developing legislation are no signs that the upward spiral will threat to underground facilities from to enhance protection of America’s under- abate. Before the Persian Gulf War, the railroad activity does exist. Again, this ground utilities. United States obtained approximately bill in and of itself will not require a As you know, safety is the Department of 45 percent of its oil supply from foreign change in how the railroad activity is Transportation’s highest priority. Preven- countries. During the Arab oil embargo treated. Will not. tion of damage to underground facilities, in- in the 1970’s, foreign oil accounted for However, I want to reiterate that cluding pipelines and telecommunications only 35 percent of America’s oil supply. what is appropriate for one State may cables, is a key departmental safety initia- Anybody else interested in restoring tive. That is why we included one-call legis- not be appropriate for another. To re- domestic production of oil? By U.S. ceive Federal assistance under the bill, lation as part of the Administration’s pro- posal to reauthorize the Intermodal Surface producers using American workers? a State must only demonstrate that its Transportation Efficiency Act (ISTEA). Politicians had better ponder the program covers those excavators whose Your continued leadership on one-call economic calamity sure to occur in action poses a significant risk to un- issues is critical to enacting legislation dur- America if and when foreign producers derground facilities. ing this Congress. I am pleased that our re- shut off our supply—or double the al- The State’s decisions will not be spective bills share the same fundamental ready enormous cost of imported oil measured and second-guessed against a principles: that all underground facility op- flowing into the United States—now erators must participate in one-call systems national standard. 7,927,000 barrels a day. Mr. FORD. Railroads also raised the and that, with very limited exceptions, all issue of whether it is appropriate to re- excavators must call before they dig. I look f forward to working with you to enact this quire them to participate in one-call important legislation. MESSAGES FROM THE PRESIDENT systems as ‘‘underground operators’’ Please do not hesitate to contact me or Messages from the President of the because railroads own their right-of- Mr. Steven O. Palmer, Assistant Secretary United States were communicated to ways and know the location of their for Governmental Affairs, at 202–366–4573, if the Senate by Mr. Williams, one of his you have any questions or concerns. own facilities within those right-of- secretaries. ways. Sincerely, Mr. LOTT. Again, if States do not RODNEY E. SLATER. EXECUTIVE MESSAGES REFERRED now require railroads to participate as f As in executive session the Presiding operators of underground facilities, Officer laid before the Senate messages THE VERY BAD DEBT BOXSCORE then there still is no provision in the from the President of the United bill that would change that status. Re- Mr. HELMS. Mr. President, at the States submitting sundry nominations member, no mandates. Most State pro- close of business yesterday, Tuesday, which were referred to the appropriate grams do not require participation by October 21, 1997, the Federal debt stood committees. persons whose underground facilities at $5,420,383,941,176.62. (Five trillion, (The nominations received today are lie within their own property like a gas four hundred twenty billion, three hun- printed at the end of the Senate pro- station. The bill in no way discourages dred eighty-three million, nine hundred ceedings.) States from continuing such common forty-one thousand, one hundred sev- f sense exclusions. enty-six dollars and sixty-two cents) MESSAGES FROM THE HOUSE Mr. FORD. The railroads also urged One year ago, October 21, 1996, the Congress to provide for immediate re- Federal debt stood at $5,227,288,000,000. At 12:05 p.m., a message from the sponse in the case of derailments and (Five trillion, two hundred twenty- House of Representatives, delivered by natural disasters. Does the bill address seven billion, two hundred eighty-eight Mr. Hays, one of its reading clerks, an- this issue? million) nounced that the House agrees to the Mr. LOTT. Again, this bill neither Five years ago, October 21, 1992, the amendments of the Senate to concur- specifies or directs the details of a Federal debt stood at $4,060,086,000,000. rent resolution (H. Con. Res. 8) recog- State program nor does it override ex- (Four trillion, sixty billion, eighty six nizing the significance of maintaining isting State programs. All of the State million) the health and stability of coral reef programs of which I am aware allow for Ten years ago, October 21, 1987, the ecosystems. an immediate response in the event of Federal debt stood at $2,384,932,000,000. The message also announced that the an emergency. And this bill does not (Two trillion, three hundred eighty- House has passed the following bills change this situation. four billion, nine hundred thirty-two and joint resolution, in which it re- Mr. FORD. Finally, the railroad in- million) quests the concurrence of the Senate: dustry expressed concern that the bill Fifteen years ago, October 21, 1982, H.R. 282. An act to designate the United could possibly interfere with the right- the Federal debt stood at States Post Office building located at 153

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10949 East 110th Street, New York, New York, as H.R. 282. An act to designate the United S. 613. A bill to provide that Kentucky may the ‘‘Oscar Garcia Rivera Post Building.’’ States Post Office building located at 153 not tax compensation paid to a resident of H.R. 681. An act to designate the United East 110th Street, New York, New York, as Tennessee for certain services performed at States Post Office building located at 313 the ‘‘Oscar Garcia Rivera Post Office Build- Fort Campbell, Kentucky. East Broadway in Glendale, California, as ing’’; to the Committee on Governmental Af- H.R. 1953. An act to clarify State authority the ‘‘Carlost J. Moorhead Post Office Build- fairs. to tax compensation paid to certain employ- ing.’’ H.R. 681. An act to designate the United ees. H.R. 708. An act to require the Secretary of States Post Office building located at 313 f the Interior to conduct a study concerning East Broadway in Glendale, California, as grazing use and open space within and adja- the ‘‘Carlost J. Moorhead Post Office Build- EXECUTIVE REPORTS OF cent to the Grand Teton National Park, Wy- ing’’; to the Committee on Governmental Af- COMMITTEES oming, and to extend temporarily certain fairs. grazing privileges. H.R. 1779. An act to make a minor adjust- The following executive reports of H.R. 1779. An act to make a minor adjust- ment in the exterior boundary of the Devils committees were submitted: ment in the exterior boundary of the Devils Backbone Wilderness in the Mark Twain Na- By Mr. MURKOWSKI, from the Committee Backbone Wilderness in the Mark Twain Na- tional Forest, Missouri, to exclude a small on Energy and Natural Resources: tional Forest, Missouri, to exclude a small parcel of land containing improvements; to M. John Berry, of Maryland, to be an As- parcel of land containing improvements. the Committee on Energy and Natural Re- sistant Secretary of the Interior. H.R. 1787. An act to assist in the conserva- sources. tion of Asian elephants by supporting and (The above nomination was reported H.R. 1787. An act to assist in the conserva- with the recommendation that he be providing financial resources for the con- tion of Asian elephants by supporting and servation programs of nations within the providing financial resources for the con- confirmed, subject to the nominee’s range of Asian elephants and projects of per- servation programs of nations within the commitment to respond to requests to sons with demonstrated expertise in the con- range of Asian elephants and projects of per- appear and testify before any duly con- servation of Asian elephants. sons with demonstrated expertise in the con- stituted committee of the Senate.) H.R. 1789. An act to reauthorize the dairy servation of Asian elephants; to the Com- indemnity program. By Mr. JEFFORDS, from the Committee H.R. 1962. An act to provide for a Chief Fi- mittee on Environment and Public Works. on Labor and Human Resources: H.R. 1789. An act to reauthorize the dairy nancial Officer in the Executive Office of the Ela Yazzie-King, of Arizona, to be a Mem- indemnity program; to the Committee on President. ber of the National Council on Disability for H.R. 2013. An act to designate the facility Agriculture, Nutrition, and Forestry. a term expiring September 17, 1999. (Re- of the United States Postal Service located H.R. 1962. An act to provide for a Chief Fi- appointment) at 551 Kingstown Road in South Kingstown, nancial Officer in the Executive Office of the Espiridion A. Borrego, of Texas, to be As- Rhode Island, as the ‘‘David B. Champagne President; to the Committee on Govern- sistant Secretary of Labor for Veterans’ Em- Post Office Building.’’ mental Affairs. ployment and Training. H.R. 2129. An act to designate the United H.R. 2129. An act to designate the United Patricia Watkins Lattimore, of the Dis- States Post Office located at 150 North 3rd States Post Office located at 150 North 3rd trict of Columbia, to be an Assistant Sec- Street in Steubenville, Ohio, as the ‘‘Douglas Street in Steubenville, Ohio, as the ‘‘Douglas retary of Labor. Applegate Post Office.’’ Applegate Post Office’’; to the Committee on Charles N. Jeffress, of North Carolina, to H.R. 2204. An act to authorize appropria- Governmental Affairs. be an Assistant Secretary of Labor. tions for fiscal years 1998 and 1999 for the H.R. 2366. An act to transfer to the Sec- Jeanette C. Takamura, of Hawaii, to be As- Coast Guard, and for other purposes. retary of Agriculture the authority to con- sistant Secretary for Aging, Department of H.R. 2366. An act to transfer to the Sec- duct the census of agriculture, and for other Health and Human Services. retary of Agriculture the authority to con- purposes; to the Committee on Govern- Robert H. Beatty, Jr., of West Virginia, to duct the census of agriculture, and for other mental Affairs. be a Member of the Federal Mine Safety and purposes. H.R. 2564. An act to designate the United Health Review Commission for the remain- H.R. 2464. An act to amend the Immigra- States Post Office located at 450 North Cen- der of the term expiring August 30, 1998. tion and Nationality Act to exempt inter- tre Street in Pottsville, Pennsylvania, as the David Satcher, of Tennessee, to be an As- nationally adopted children 10 years of age ‘‘Peter J. McCloskey Postal Facility’’; to the sistant Secretary of Health and Human Serv- or younger from the immunization require- Committee on Governmental Affairs. ices. ment in section 212(a)(1)(A)(ii) of such. H.R. 2610. An act to amend the National David Satcher, of Tennessee, to be Medical H.R. 2535. An act to amend the Higher Edu- Narcotics Leadership Act of 1988 to extend Director in the Regular Corps of the Public cation Act of 1965 to allow the consolidation the authorization for the Office of National Health Service, subject to qualifications of student loans under the Federal Family Drug Control Policy until September 30, 1999, therefor as provided by law and regulations, Loan Program and the Direct Loan Program. to expand the responsibilities and powers of and to be Surgeon General of the Public H.R. 2564. An act to designate the United the Director of the Office of National Drug Health Service for a term of four years. States Post Office located at 450 North Cen- Control Policy, and for other purposes; to Susan Robinson King, of the District of Co- tre Street in Pottsville, Pennsylvania, as the the Committee on the Judiciary. lumbia, to be an Assistant Secretary of ‘‘Peter J. McCloskey Postal Facility.’’ Labor. H.R. 2610. An act to amend the National The following measure was read and Narcotics Leadership Act of 1988 to extend referred as indicated: (The above nomination was reported the authorization for the Office of National H. Con. Res. 151. Concurrent resolution ex- with the recommendation that they be Drug Control Policy until September 30, 1999, pressing the sense of the Congress that the confirmed, subject to the nominees’ to expand the responsibilities and powers of United States should manage its forests to commitment to respond to requests to the Director of the Office of National Drug maximize the reduction of carbon dioxide in appear and testify before any duly con- Control Policy, and for other purposes. the atmosphere among many other objec- stituted committee of the Senate.) H.J. Res. 97. Joint resolution making fur- tives, and that the United States should ther continuing appropriations for the fiscal serve as an example and as a world leader in By Mr. HELMS, from the Committee on year 1998, and for other purposes. managing its forests in a manner that sub- Foreign Relations: Treaty Docs. 104–28 and 105–26 Migratory The message also announced that the stantially reduces the amount of carbon di- Bird Protocol With Canada and Migratory oxide in the atmosphere; to the Committee House has agreed to the following con- Bird Protocol With Mexico (Exec. Rept. 105– on Agriculture, Nutrition, and Forestry. current resolution, in which it requests 5). the concurrence of the Senate: The Committee on Energy and Nat- TEXT OF THE COMMITTEE RECOMMENDED H. Con. Res. 151. Concurrent resolution ex- ural Resources was discharged from RESOLUTION OF ADVICE AND CONSENT pressing the sense of the Congress that the further consideration of the following Resolved, (two-thirds of the Senators present United States should manage its forests to measure which was referred to the concurring therein), That the Senate advise maximize the reduction of carbon dioxide in Committee on Environment and Public and consent to the ratification of the Pro- the atmosphere among many other objec- Works: tocol between the Government of the United tives, and that the United States should States of America and the Government of serve as an example and as a world leader in S. 1268. A bill to amend the Tennessee Val- the United Mexican States Amending the managing its forests in a manner that sub- ley Authority Act of 1933 to modify provi- Convention for the Protection of Migratory stantially reduces the amount of carbon di- sions relating to the Board of Directors of Birds and Game Mammals, signed at Mexico oxide in the atmosphere. the Tennessee Valley Authority, and for other purposes. City on May 5, 1997 (Treaty Doc. 105–26), sub- f Pursuant to the order of the Senate ject to the understanding of subsection (a), MEASURES REFERRED the declaration of subsection (b), and the of October 22, 1997, the following meas- proviso of subsection (c). The following bill was read the first ures were considered jointly referred to (a) UNDERSTANDING.—The Senate’s advice and second times by unanimous con- the Committee on Finance and to the and consent is subject to the following un- sent and referred as indicated: Committee on Governmental Affairs: derstanding, which shall be included in the

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10950 CONGRESSIONAL RECORD — SENATE October 22, 1997 instrument of ratification, and shall be bind- the constitutionally based principles of trea- health benefits and to extend continuation ing on the President: ty interpretation set forth in Condition (1) of coverage to retirees and their dependents; to (1) INDIGENOUS INHABITANTS.—The United the resolution of ratification of the INF the Committee on Labor and Human Re- States understands that the term ‘‘indige- Treaty, approved by the Senate on May 27, sources. nous inhabitants’’ as used in Article I means 1988, and Condition (8) of the resolution of By Mr. BREAUX (for himself and Mr. a permanent resident of a village within a ratification of the Document Agreed Among KERREY): subsistence harvest area, regardless of race. the States Parties to the Treaty on Conven- S. 1308. A bill to amend the Internal Rev- In its implementation of Article I, the tional Armed Forces in Europe, approved by enue Code of 1986 to ensure taxpayer con- United States also understands that where it the Senate on May 14, 1997. fidence in the fairness and independence of is appropriate to recognize a need to assist (c) PROVISO.—The resolution of ratification the taxpayer problem resolution process by indigenous inhabitants in meeting nutri- is subject to the following proviso, which providing a more independently operated Of- tional and other essential needs, or for the shall be binding on the President. fice of the Taxpayer Advocate, and for other teaching of cultural knowledge to or by their (1) SUPREMACY OF THE CONSTITUTION.— purposes; to the Committee on Finance. family members, there may be cases where, Nothing in the Treaty requires or authorizes By Mr. KERRY (for himself, Mr. BOND, with the permission of the village council legislation or other action by the United Mr. ROCKEFELLER, Mr. CHAFEE, Mr. and the appropriate permits, immediate fam- States of America that is prohibited by the KENNEDY, Mr. HOLLINGS, Ms. LAN- ily members of indigenous inhabitants may Constitution of the United States as inter- DRIEU, Mr. WELLSTONE, Ms. MOSELEY- be invited to participate in the customary preted by the United States. BRAUN, Mrs. BOXER, Mr. TORRICELLI, spring and summer subsistence harvest. and Mr. JOHNSON): (b) DECLARATION.—The Senate’s advice and Ex. F, 96–1 U.S.-Mexico Treaty On Mari- S. 1309. A bill to provide for the health, consent is subject to the following declara- time Boundaries (Exec. Rept. 105–4). education, and welfare of children under 6 tion, which shall be binding on the Presi- TEXT OF THE COMMITTEE-RECOMMENDED years of age; to the Committee on Labor and dent: RESOLUTION OF ADVICE AND CONSENT Human Resources. (1) TREATY INTERPRETATION.—The Senate Resolved, (two-thirds of the Senators present f affirms the applicability to all treaties of concurring therein), Tha the Senate advise SUBMISSION OF CONCURRENT AND the constitutionally based principles of trea- and consent to the ratification of the Treaty ty interpretation set forth in Condition (1) of on Maritime boundaries between the United SENATE RESOLUTIONS the resolution of ratification of the INF States of America and the United Mexican The following concurrent resolutions Treaty, approved by the Senate on May 27, States, signed at Mexico City on May 4, 1978 1988, and Condition (8) of the resolution of and Senate resolutions were read, and (Ex. F, 96–1), subject to the declaration of referred (or acted upon), as indicated: ratification of the Document Agreed Among subsection (a), and the proviso of subsection By Mr. SPECTER: the States Parties to the Treaty on Conven- (b). tional Armed Forces in Europe, approved by S. Con. Res. 56. A concurrent resolution au- (a) DECLARATION.—The Senate’s advice and thorizing the use of the rotunda of the Cap- the Senate on May 14, 1997. consent is subject to the following declara- itol for the ceremony honoring Leslie (c) PROVISO.—The resolution of ratification tion, which shall be binding on the Presi- Townes (Bob) Hope by conferring upon him is subject to the following proviso, which dent: shall be binding on the President: the status of an honorary veteran of the 91) TREATY INTERPRETATION.—The Senate Armed Forces of the United States; consid- (1) SUPREMACY OF THE CONSTITUTION.— affirms the applicability to all treaties of ered and agreed to. Nothing in the Treaty requires or authorizes the constitutionally based principles of trea- legislation or other action by the United ty interpretation set forth in Condition (1) of f States of America that is prohibited by the the resolution of ratification of the INF Constitution of the United States as inter- STATEMENTS ON INTRODUCED Treaty, approved by the Senate on May 27, BILLS AND JOINT RESOLUTIONS preted by the United States. 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among By Mr. HATCH: TEXT OF THE COMMITTEE RECOMMENDED the States Parties to the Treaty on Conven- S. 1304. A bill for the relief of Belinda RESOLUTION OF ADVICE AND CONSENT tional Armed Forces in Europe, approved by McGregor; to the Committee on the Ju- Resolved, (two-thirds of the Senators present the Senate on May 14, 1997. diciary. concurring therein), That the Senate advise (b) PROVISO.—The resolution of ratification and consent to the ratification of the Pro- is subject to the following proviso, which PRIVATE RELIEF LEGISLATION tocol Between the United States and Canada shall be binding on the President: Mr. HATCH. Mr. President, I am Amending the 1916 Convention for the Pro- (1) SUPREMACY OF THE CONSTITUTION.— today introducing a private relief bill tection of Migratory Birds in Canada and the Nothing in the Treaty requires or authorizes on behalf of Belinda McGregor, the be- United States, with Related Exchange of legislation or other action by the United loved sister of one of my constituents, Notes, signed at Washington on December 14, States of America that is prohibited by the Rosalinda Burton. 1995 (Treaty Doc. 104–28), subject to the un- Constitution of the United States as inter- Mistakes are made everyday, Mr. derstanding of subsection (a), the declaration preted by the United States. President, and when innocent people of subsection (b), and the proviso of sub- f section (c). suffer severe consequences as a result (a) UNDERSTANDING.—The Senate’s advice INTRODUCTION OF BILLS AND of these mistakes, something ought to and consent is subject to the following un- JOINT RESOLUTIONS be done to remedy the situation. derstanding, which shall be included in the The following bills and joint resolu- In the particular case of Ms. Belinda instrument of ratification, and shall be bind- McGregor, the federal bureaucracy ing on the President: tions were introduced, read the first and second time by unanimous con- made a mistake—a mistake which cost (1) INDIGENOUS INHABITANTS.—The United Ms. McGregor dearly and it is now time States understands that the term ‘‘indige- sent, and referred as indicated: nous inhabitants’’ as used in Article II(4)(b) By Mr. HATCH: to correct this mistake. Unfortunately, means a permanent resident of a village S. 1304. A bill for the relief of Belinda the only way to provide relief is within a subsistence harvest area, regardless McGregor; to the Committee on the Judici- through Congressional action. of race. In its implementation of Article ary. Belinda McGregor, a citizen of the II(4)(b), the United States also understands By Mr. GRAMM (for himself, Mr. LIE- United Kingdom, filed an application that where it is appropriate to recognize a BERMAN, Mr. BINGAMAN, and Mr. for the 1995 Diversity Visa program. need to assist indigenous inhabitants in DOMENICI): Her husband, a citizen of Ireland, filed meeting nutritional and other essential S. 1305. A bill to invest in the future of the a separate application at the same needs, or for the teaching of cultural knowl- United States by doubling the amount au- edge to or by their family members, there thorized for basic scientific, medical, and time. Ms. McGregor’s application was may be cases where, with the permission of pre-competitive engineering research; to the among those selected to receive a di- the village council and the appropriate per- Committee on Labor and Human Resources. versity visa. When the handling clerk mits, immediate family members of indige- By Mr. INHOFE: at the National Visa Center received nous inhabitants may be invited to partici- S. 1306. A bill to prohibit the conveyance of the application, however, the clerk er- pate in the customary spring and summer real property at Long Beach Naval Station, roneously replaced Ms. McGregor’s subsistence harvest. California, to China Ocean Shipping Com- name in the computer with that of her (b) DECLARATION.—The Senate’s advice and pany; to the Committee on Armed Services. husband. consent is subject to the following declara- By Mr. DASCHLE: tion, which shall be binding on the Presi- S. 1307. A bill to amend the Employee Re- As a result, Ms. McGregor was never dent: tirement Income Security act of 1974 with re- informed that she had been selected (1) TREATY INTERPRETATION.—The Senate spect to rules governing litigation con- and never provided the requisite infor- affirms the applicability to all treaties of testing termination or reduction of retiree mation. The mistake with respect to

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10951 Ms. McGregor’s husband was caught, good news. Therefore, all the necessary docu- PS: Should you need any further informa- but not in time for Ms. McGregor to ments were provided to the National Visa tion, please do not hesitate to contact Belin- meet the September, 1995 deadline. Her Center in New Hampshire. da at my address. Thank you. Her patience was put to the test, as she did FOOTNOTES visa number was given to another ap- not hear from anybody during a lengthy pe- 1 plicant. riod of time. She contacted the American Ms. Patricia First’s (Senator Kennedy’s office) e- In short, Ms. McGregor was unfairly mail to Belinda McGregor Embassy in Vienna from time to time, but to 2 Senator Edward Kennedy’s letter to Mary A. denied the 1995 diversity visa that was no avail. She then tried contacting various Ryan, Assistant Secretary for Consular Affairs. rightfully hers due to a series of errors offices and people without success and as a 3 Mr. McNamara’s reply to Senator Edward Ken- by the National Visa Center. As far as last resort made contract with Senator Ed- nedy. 4 I know, these facts are not disputed. ward Kennedy’s office, who kindly looked Ms. Josefina Papendick’s letter to Belinda into her case. She was so happy that some- McGregor. Unfortunately, the Center does not 5 one took the time to check into ‘‘the ongo- Ms. Josefina Papendick’s letter to Belinda have the legal authority to rectify its ings of the National Visa Center’’ and you McGregor. own mistake by simply granting Ms. can imagine the surprise when Ms. Patricia ATTACHMENT ONE McGregor a visa out of a subsequent First (Senator Kennedy’s staff) contacted my year’s allotment. Thus, a private relief sister to let her know the outcome of their FEBRUARY 15, 1996. bill is needed in order to see that Ms. investigation (Attachment 1). I am also at- DEAR MS. MCGREGOR: I have received an taching a copy of Senator Kennedy’s letter answer from the State Department on the McGregor gets the visa to which she specifics of both your and your husband’s di- was clearly entitled to in 1995. to Ms. Mary A. Ryan, Assistant Secretary for Consular Affairs, United States Depart- versity visa applications. It appears that the Mr. President, I have received a very ment of State. (Attachment 2), which ex- Department of State and National Visa Cen- compelling letter from Rosalinda Bur- plains very clearly what actually had hap- ter grossly mishandled your applications. ton of Cedar Hills, UT which I am plac- pened. Mr. McNamara, then Director of the Our office has sent a letter to Mary Ryan, ing in the RECORD. Ms. Burton is Ms. National Visa Center, addressed his reply to Assistant Secretary of Consular Affairs for McGregor’s sister and she described to Senator Kennedy (Attachment 3). As my sis- the State Department. Ms. Ryan’s Section me the strong relationship that she ter always wanted to come live and work oversees the visa process. I have attached near me, and always believed very strongly the letter to Ms. Ryan which details the mis- and her sister have and the care that takes made by the National Visa Center in her sister provided when Ms. Burton in fairness, she was convinced that the U.S. Government would then do anything possible processing your applications. was seriously injured in a 1993 car acci- to find a resolution to this predicament. By The ultimate result seems to be that you dent. this time it was already April 1997 and being were unfairly denied a diversity visa to I hope that the Senate can move for- quite a determined lady due to her 3 year which you were entitled. Please be assured ward on this bill expeditiously. Ms. struggle, my sister, therefore, got in touch our office is doing everything we can to find McGregor was the victim of a simple (via e-mail) with the newly appointed Direc- an administrative solution to your case. We and admitted bureaucratic snafu. The tor of the National Visa Center, Ms. Josefina are awaiting a response from the State De- partment, and I will communicate their re- Senate ought to move swiftly to cor- Papendick. She explained the whole situa- tion, sent copies of previous correspondence sponse to you as soon as I receive it. rect this injustice. Again, I urge you to apply for the 1997 Di- Mr. President, I am also including in to Ms. Papendick but was always told (At- tachments 45) that unfortunately there were versity Visa Lottery, and I am sorry I cannot the record additional relevant cor- no more visa numbers available as the dead- delivery better news. Please feel free to con- respondence which documents the line for the 1995 Diversity Visa Lottery was tact me should you have any questions. I can background of this case. 30 September 1995. This was indeed a shock be reached at (202) 224–7878. I will update you Mr. President, I ask unanimous con- and disappointment that no effort or willing- as soon as I have any new information. sent that additional material be print- ness was shown to rectify the matter, espe- Sincerely, PATRICIA FIRST. ed in the RECORD. cially as the National Visa Center acknowl- edged their own mistakes. The McGregor There being no objection, the mate- ATTACHMENT TWO rial was ordered to be printed in the family did everything within their power— submitted all necessary papers in a timely U.S. SENATE, RECORD, as follows: fashion, but due to serious errors made by Washington, DC, February 16, 1996. CEDAR HILLS, UT, the National Visa Center, were disqualified MARY A. RYAN, September 23, 1997. and their numbers were given to someone Assistant Secretary, Consular Affairs, Hon. ORRIN HATCH, else. She realizes of course that she is only a U.S. Department of State, U.S. Senate. minority but nevertheless—we all feel that Washington, DC. DEAR SENATOR HATCH. This is one of the injustice has been done. RE: 1995 Diversity Visa Lottery many endless attempts to seek fairness and This injustice prevented my sister in build- Applicants: Belinda McGregor, David John justification regarding a very unique and ing her future here with me. For one tiny McGregor still unresolved case pertaining to the future moment this special gift was placed in her Case No: 95–EU–00020036 of my beloved sister, Belinda McGregor. hands, to build her own world, but was DEAR MS. RYAN: I am writing to request This is a plea on my part for you to please quickly taken, due to these errors made. As your assistance in resolving the above-ref- allow me the opportunity to humbly express advised, my sister has since then applied erenced case. I am deeply concerned about in this letter, my deepest concern which is every year for the DV1 Program under her the way this case was handled by the Depart- also personally shared by Senator Edward Austrian Nationality. ment of State and the National Visa Center Kennedy. She always worked in an international en- in New Hampshire. It would be a challenge to explain what vironment, her previous employment being Belinda McGregor, a citizen of the United once stated as ‘‘the dream come true’’ for my with the drug control program of the United Kingdom, and her husband, David John sister, Belinda, on to paper, but I hope you Nations and was confident her experience McGregor, a citizen of Ireland, each filed a will grant me a moment of your time to read and skills would be invaluable and beneficial separate application for the 1995 Diversity this attempt to seek your help, as my Sen- to her newly adopted homeland. In prepara- Visa Lottery program. As you know, al- ator. tion for her invitation to immigrate, she though Belinda McGregor was born in the Towards the end of 1993 I was the victim of sought independence immediately and ac- United Kingdom, she is eligible for the diver- a very serious car accident and I could not quired a secretarial position, which was put sity program through her husband’s Irish have coped without the support of my church on hold for her. Unfortunately and with deep citizenship. and the tremendous help of my beloved sis- regret she had to abandon the offer when she According to your visa office and the Na- ter, Belinda, after which she expressed a was informed of the errors that were made. tional Visa Center, Belinda McGregor’s ap- strong desire to come and live in Utah, to be She has been in contact with the honorable plication was among those chosen as eligible close to me, her only sister. In 1994, there- Senator Kennedy ever since and his kind of- to receive a diversity visa. When the Na- fore, a dream came true when, after applying fice suggested that I contact you and maybe tional Visa Center received Belinda for the DV1 Program, which is held yearly, between you and Senator Kennedy this prob- McGregor’s application, however, the clerk my sister’s husband David, was informed by lem could be looked into and resolved. handling her case erroneously assumed Ms. the National Visa Center, that he was se- The future happiness of my sister is as im- McGregor, as a citizen of the United King- lected in the 1995 Diversity Visa Lottery portant as my own, and I hope and pray with dom, was ineligible for the diversity pro- Program. Finally, my sister had a chance to all my heart, her tears of sadness will, via gram. The clerk, in an apparent attempt to live near her family and friends. Belinda, your understanding, help and determination, remedy the problem, replaced Belinda who is Austrian/British, then working for the turn those tears to joy. Thank you for listen- McGregor’s name in the computer with that ‘‘United Nations Drug Control Programme’’ ing, dear Senator Hatch. of her husband, David John McGregor. (UNDCP) at the UN Headquarters in Vienna, Yours sincerely, The National Visa Center then sent David Austria, was so thrilled to be informed of the ROSALINDA BURTON. John McGregor a notice that his name had

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10952 CONGRESSIONAL RECORD — SENATE October 22, 1997 been selected in the 1995 Diversity Visa Lot- ATTACHMENT FOUR ing research; to the Committee on tery Program, and listed the additional in- U.S. DEPARTMENT OF STATE, Labor and Human Resources. formation Mr. McGregor needed to provide NATIONAL VISA CENTER THE NATIONAL RESEARCH INVESTMENT ACT OF to be eligible for a diversity visa (including, Portsmouth, NH, April 21, 1997. 1998 inter alia, educational background and an af- DEAR MS. MCGREGOR: Thank you for your Mr. GRAMM. Mr. President, Presi- fidavit of support). David John McGregor letter of April 14 regarding the Diversity dent Clinton has talked a lot about provided this information about himself to Lottery applications filed on your and Mr. the National Visa Center in a timely fashion. John McGregor’s behalf. building a bridge to the 21st century The McGregor’s, who currently live in Aus- Please note that as a citizen of United and, our philosophical differences tria, heard nothing more about Mr. Kingdom you were not eligible to apply for aside, I want to help him build that McGregor’s diversity application until they DV-lottery program in 1995. However, as a bridge—with Bucky Balls. asked my office to inquire into the status of citizen or Ireland, Mr. McGregor was eligible ‘‘Bucky Ball’’ is the nickname for the application. Belinda McGregor was never to apply for this program and you were a de- Buckminsterfullerene, a molecular informed that her application had been se- rivative beneficiary of his application. Mr. form of carbon that was discovered by lected in the diversity lottery. McGregor’s case was chosen at random and Prof’s. Robert F. Curl and Richard E. Upon receiving Mr. McGregor’s completed entered into the computer system at the Na- Smalley of Rice University in Houston. tional Visa Center (NVC). We assigned lot- information, a second clerk at the National They won the 1996 Nobel Prize in chem- Visa Center discovered that Belinda tery rank number 95–EU–00020036 to this ap- McGregor’s name had been improperly plication. istry for this discovery. changed to David John McGregor in the com- Unfortuantely, the deadline for the com- Bucky Balls were named after R. puter. This clerk changed the name back to pletion of the DV–95 was September 30, 1995. Buckminster Fuller, the architect fa- Belinda McGregor, and noted the receipt of If you were not issued a visa by this date, the mous for his geodesic domes, because Mr. McGregor’s information. The clerk, how- application for the 1995 program is no longer this new molecule closely resembles ever, failed to inform the McGregor’s that valid. his designs. The silly nickname not- Belinda McGregor was the diversity appli- Your correspondence indicates that you be- withstanding, their discovery was a lieve you may be eligible for immigrant visa cant selected in the lottery, and, therefore, breakthrough that will have scientific the National Visa Center needed information issuance under the provision for the Illegal Immigration Reform and Immigrant Respon- and practical applications across a on Belinda McGregor, instead of David John wide variety of fields, from electrical McGregor. sibility Act of 1996 (Act 1996). However, this provision applies only to applicants who conduction to the delivery of medicine Having not received any information on were residing in the U.S. and were unable to Belinda McGregor by the diversity visa enti- into the human body. adjust their status. As you were residing out- tlement date, September 30, 1995, the Na- Bucky Balls are impervious to radi- side the U.S. you are not eligible to be proc- tional Visa Center disqualified Belinda ation and chemical destruction, and essed under the Act of 1996. McGregor’s application and gave her visa can be joined to form tubes 10,000 times I hope this information is helpful. Please smaller than a human hair, yet 100 number to another applicant. do not hesitate to contact me if I can be of It appears that Belinda McGregor was un- further assistance to you in this or any other times stronger than steel. Use of the fairly denied the 1995 diversity visa which matter. molecules is expected to establish a was rightfully hers due to a series of errors Sincerely. whole new class of materials for the made by the National Visa Center. A review JOSEFINA L. PAPENDICK, construction of many products, from by your office of procedures at the National Director. airplane wings and automobile bodies Visa Center may be in order. And, I would to clothing and packaging material. greatly appreciate your help in finding a so- ATTACHMENT FIVE This may be more than you want to lution to the McGregor’s case in light of the U.S. DEPARTMENT OF STATE, know about molecular physics, but serious errors committed by the Center. NATIONAL VISA CENTER, think about it this way: Because we en- Thank you for your consideration. Portsmouth, NH, July 3, 1997. Sincerely, courage the kind of thinking that leads Mrs. BELINDA MCGREGOR, to discoveries like Bucky Balls, the EDWARD M. KENNEDY. Bexleybeath, Kent, England. DEAR MRS. MCGREGOR: I am replying to United States stands as the economic, ATTACHMENT THREE your e-mailed messages requesting a review military, and intellectual leader of the of your DV–95 application. Since no paper world. We achieved this not by acci- U.S. DEPARTMENT OF STATE, file is still available after all this time, I am NATIONAL VISA CENTER, dent, but by a common, unswerving unable to provide any new or additional in- Portsmouth, NH, March 14, 1996. conviction that America’s future was formation regarding the processing of your DEAR SENATOR KENNEDY: I refer to your something to plan for, invest in, and case. celebrate. Using the products of imagi- letter of February 16, to Ms. Mary A. Ryan, I recognize your sincere wish to immigrate Assistant Secretary for Consular Affairs, re- to the United States. However, I very much nation and hard work, from Winchester garding the Diversity Lottery application for regret to inform you that there is no provi- rifles and steam engines to space shut- Ms. Melinda McGregor. sion of law or regulations that would allow tles, Americans built a nation. We’re The Immigration Act of 1990 provides for your DV–95 application to be processed after still building, but for what we need in an annual Diversity Immigration Program, September 30, 1995. the next century, we’re going to have making available each year by random selec- If you wish to pursue your interest in liv- to turn to people like Curl and Smalley tion 55,000 permanent residence visas in the ing and working in the United States, the di- to give us materials like Bucky Balls, United States. Visas are apportioned among versity program is an option available every and the Government has a role to play. six geographic regions based on immigration year for applicants (or their spouses) who Unfortunately, over the past 30 years, rates over the last five years, with a greater were born in eligible countries. For individ- number of visas going to regions with lower uals who are not eligible under any family the American Government has set dif- rates of immigration. immigrant visa category, there are other ferent priorities. In 1965, 5.7 percent of The National Visa Center (NVC) acknowl- visa classifications, both non-immigrant and the Federal budget was spent on non- edges the allegations made in your cor- immigrant, in the employment or profes- defense research and development. respondence as true and correct. However, sional fields to apply for. For more informa- Thirty-two years later in 1997, that fig- there are no visa numbers available as the tion on these, I suggest you contact the ure has dropped by two-thirds. We deadline for the 1995 Diversity Lottery was American Embassy in London. spend a lot more money than we did in September 30, 1995. Unfortunately, we are I am sorry that this response cannot be 1965, but we spend it on social pro- unable to correct the situation at this time. more encouraging. I wish you and your fam- ily the best of luck in the future. grams, not science. We invest in the Ms. McGregor may wish to apply for any fu- next elections, not the next generation. ture lotteries. Sincerely, JOSEFINA L. PAPENDICK, The United States is underinvesting We have reviewed this incident with our Director. in basic research. That’s right. The au- staff and have taken steps to ensure that thor of the landmark deficit reduction this error will not be repeated in the future. By Mr. GRAMM (for himself, Mr. legislation known today as Gramm- I hope this information is helpful. Please LIEBERMAN, Mr. BINGAMAN, and Rudman supports the idea of the Gov- do not hesitate to contact me if I can be of assistance to you in this or any other mat- Mr. DOMENICI): ernment spending more money on ter. S. 1305. A bill to invest in the future something. Sincerely, of the United States by doubling the Not only do I support the idea of BRIAN M. MCNAMARA, amount authorized for basic scientific, spending more on science and tech- Director. medical, and precompetitive engineer- nology, I am today introducing a piece

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10953 of legislation to achieve that goal. I am trend in the Federal Government’s al- ever, the agency has quietly carried pleased to be joined by Senators LIE- location to science and engineering re- out research to develop accurate meas- BERMAN, DOMENICI, and BINGAMAN as I search. Although America currently urement and calibration techniques. introduce S. 1305, the National Re- enjoys a vibrant economy, with robust The NIST laboratory, together with search Investment Act of 1998. This growth of over 4 percent and record low Commerce’s technology programs, bill, an update of my earlier bill, S. 124, unemployment, we should pause for a have greatly aided American business would double the amount spent by the moment to examine reasons which un- and earned our Nation billions of dol- Federal Government on basic sci- derlie our current prosperity. lars in industries such as electrical entific, medical, and precompetitive In one of the few models agreed upon power, semiconductor manufacturing, engineering research over 10 years from by a vast majority of economists, Dr. medical, agricultural, food processing, $34 billion in 1999 to $68 billion in 2008. Robert Solow won the Nobel Prize for and building materials. If we, as a country, do no restore the demonstrating that at least half of the Yet, despite the demonstrated impor- high priority once afforded science and total growth in the U.S. economy since tance of publicly funded scientific re- technology in the Federal budget and the end of World War II is attributable search, the amount spent on science increase Federal investment in re- to scientific and technological innova- and engineering by the Federal Govern- search, it will be impossible to main- tion. In other words, money spent to ment is declining. Senator GRAMM has tain the U.S. position as the techno- increase scientific and engineering already noted that ‘‘in 1965, 5.7 percent logical leader of the world. Since 1970, knowledge represents an investment of the Federal budget was spent on Japan and Germany have spent a larg- which pays rich dividends for Amer- nondefense research and development. er share of their national income on re- ica’s future. Thirty two years later, that figure has search and development than we have. Dr. Solow’s economic theory is the dropped by two-thirds to 1.9 percent.’’ We can no longer afford to fall behind. story of our Nation’s innovation sys- If you believe as I do, that our current Expanding the Nation’s commitment tem—a system that has transformed prosperity, intellectual leadership in to research in basic science and medi- scientific and technological innovation science and medicine and the growth of cine is a critically important invest- into a potent engine of economic entire new industries are directly ment in the future of our Nation. It growth for America. In broad terms, linked to investments made 30 years means saying no to many programs our innovation system consists of in- ago, then you have got to ask where with strong political support, but by dustrial, academic, and governmental will this country be 30 years from now? expanding research we are saying yes institutions working together to gen- At the same time, it is likely that to jobs and prosperity in the future. erate new knowledge, new tech- several countries, particularly in Asia, I believe that if we want the 21st cen- nologies, and people with the skills to will exceed on a per capita basis, the tury to be a place worth building a move them effectively into the mar- U.S. expenditure in science. Japan is bridge to, and if we want to maintain ketplace. Publicly funded science has already spending more than we are in the U.S. position as the leader of the shown to be surprisingly important to absolute dollars on nondefense research free world, then we need to restore the the innovation system. A new study and development. This is an historic prominence that research and tech- prepared for the National Science reversal. Germany, Singapore, Taiwan, nology once had in the Federal budget. Foundation found that 73 percent of China, South Korea, and India are ag- Our parent’s generation fought two the main science papers cited by Amer- gressively promoting R&D investment. World Wars, overcame some of the ican industrial patents in two recent These facts led Erich Bloch, the former worst economic conditions in the his- years were based on domestic and for- head of the National Science Founda- tory of our Nation, and yet still man- eign research financed by governments tion, to write that the ‘‘whole U.S. aged to invest in America’s future. We or nonprofit agencies. R&D system is in the midst of a crucial have an obligation to do at least an Patents are the most visible expres- transition. Its rate of growth has lev- equal amount for our children and sion of industrial creativity and the eled off and could decline. We cannot grandchildren. major way that companies and inven- assume that we will stay at the fore- Over the past 30 years, we have not tors are able to reap benefits from a front of science and technology as we lived up to this obligation, but it isn’t bright idea. Even though industry now have for 50 years.’’ too late to change our minds. The dis- spends far more than the Federal Gov- The future implications of our failure covery of Bucky Balls is a testament to ernment on research, the fact that to invest can be better understood if we the resilience of the American sci- most patents result from research per- consider what our lives would be like entific community. I believe that if we formed at universities, government today without the scientific innova- once again give scientists and research- labs, and other public agencies dem- tions of those past 50 years. Imagine ers the support that they deserve, if we onstrate our dependence on these insti- medicine without x rays, surgical la- make the same commitment to our tutions for the vast majority of eco- sers, MRI scanners, fiber-optic probes, children’s future that our parents made nomic activity. Such publicly funded synthetic materials for making med- to ours, then the 21st century promises science, the study concluded, has ical implants, and the host of new to be one of unlimited potential. turned into a fundamental pillar of in- drugs that combat cancer and even America is a great and powerful dustrial advance. show promise as suppressors of the country for two reasons. First, we have Last week’s awarding of the Nobel AIDS virus. Consider how it would be had more freedom and opportunity Prize to Dr. William Phillips from the to face tough choices about how to pro- than any other people who have ever Government’s National Institute of tect the environment without knowl- lived and with that freedom and oppor- Standards and Technology provides a edge of upper atmospheric physics, tunity people like us have been able to wonderful example of how publicly chemistry of the ozone layer or under- achieve extraordinary things. Second, funded science pays dividends. Dr. Phil- standing how toxic substances effect we have invested more in science than lips was honored for his work which human health. Imagine communication any people in history. Science has used laser light to cool and trap indi- without faxes, desktop computers, the given us the tools and freedom has al- vidual atoms and molecules. I am told internet, or satellites. Less tangible lowed us to put them to work. If we that the methods developed by Dr. but nonetheless disconcerting, is the preserve freedom and invest in science, Phillips and his coworkers may lead to prospect of a future for our country of there is no limit on the future of the the design of more precise atomic free thinkers, if all new advances and American people. I urge my colleagues clocks for use in global navigation sys- innovation were to originate from out- to cosponsor this important legisla- tems and atomic lasers, which may be side of America’s shores. tion. used to manufacture very small elec- Although difficult, the partisan con- Mr. LIEBERMAN. Mr. President, the tronic components for the next genera- flicts and rifts of the past several years National Research Investment Act of tion of computers. Dr. Phillips’ may have performed a useful service in 1998, which Senator GRAMM and I intro- achievement is the most visible rec- clarifying the debate over when public duced this morning, is important legis- ognition of the Department of Com- funding on research is justified. Sen- lation designed to reverse a downward merce’s laboratory. Since 1901, how- ator GRAMM and I have discussed this

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10954 CONGRESSIONAL RECORD — SENATE October 22, 1997 topic at some length. We believe it is a that if we want to create the kind of ary 1996, many of these people became mistake to separate research into two high-paying, high-technology jobs that uninsured. These retirees, like so many warring camps, one flying the flag of will ensure a decent standard of living who face this situation, had spent basic science and the other applied for American workers, we will need a years building the company and taking science. Rather the research enterprise much stronger commitment to invest- lower pensions or wages in exchange represents a broad spectrum of human ing in research and development. for the promise of retiree health bene- activity with basic and applied science Although the focus of this bill is en- fits. at either end but not in opposition. suring a strong future for civilian This problem is unfortunately not Every component along the spectrum R&D, it is important to recognize that limited to the Morrell retirees. Recent produces returns—economic, social, the basic science and fundamental data confirms that a declining share of and intellectual gains for the society technology development supported by employers maintain health benefits for as a whole. The Federal Government the Defense portion of our budget also their retirees. In fact, the percentage should patiently invest in science, contributes to our domestic prosperity. of large employers offering such cov- medicine, and engineering that lies For our Nation to remain prosperous erage has dropped by nearly 10 percent- within the public domain. Once an in- into the next century, we need both age points over the last 5 years. In 1991, dustry or company begins to pursue sources of support for basic science and 80 percent of large employers provided proprietary research, then support for fundamental technology to remain retiree benefits. As of 1996, 71 percent that particular venture is best left to strong, even in a time of constrained do. the private sector. This is what we budgets. Early retirees age 50–64 who lose mean by the term ‘‘precompetitive re- There was a time when our invest- their health benefits are especially vul- search.’’ ment in research and development nerable to becoming uninsured, be- With introduction of the National equaled that of the rest of the world cause health insurance is expensive Research Investment Act of 1998, we combined. But through the years, we when purchased at an older age, or un- begin a bipartisan effort to build a con- have allowed our commitment to slide, available as a result of preexisting con- sensus that will support a significant and have lost much ground compared ditions. increase in Federal research and devel- to our international competitors. Mr. The bill I am introducing today opment efforts. I am particularly ap- President, this is not where we want to would establish a number of protec- preciative of the support given today be, and I hope that the National Re- tions to address this alarming trend. from nearly 100 different scientific and search Investment Act of 1998 will put To minimize unexpected termi- engineering professional societies us on the path to a better future. nations of benefits, my bill would en- which collectively represent many sure that benefits are terminated or re- more than 1 million members. Accom- By Mr. DASCHLE: duced only when evidence shows that plishments of your members illuminate S. 1307. A bill to amend the Employee retirees were given adequate warning— the role that science and engineering Retirement Income Security Act of before their retirement—that their plays in the innovation process. 1974 with respect to rules governing health care benefits were not promised In a Wall Street Journal survey of litigation contesting termination or re- for their lifetimes. If the contract lan- leading economists published in March, duction of retiree health benefits and guage establishing retiree benefits is 43 percent cited investments in edu- to extend continuation coverage to re- silent or ambiguous about the termi- cation and research and development tirees and their dependents; to the nation of these benefits, my bill would as the Federal action that would have Committee on Labor and Human Re- place the burden of proof on the em- the most positive impact on our econ- sources. ployer to show that the plan allows for omy. No other factors, including reduc- THE RETIREE HEALTH BENEFITS PROTECTION the termination or reduction of retiree ing Government spending or lowering ACT OF 1997 health benefits. taxes, scored more than 10 percent. Mr. DASCHLE. Mr. President, today To help protect coverage for retirees While Senator GRAMM and I are cer- I am introducing a bill that restores and their families until fair settle- tainly committed to fiscal responsi- employer health coverage to individ- ments are reached, if an employer’s de- bility and balancing the budget, we uals who, throughout their careers, cision to terminate benefits is chal- think that the country would be best were led to believe their retiree health lenged in court, my bill requires the served by promoting investments in benefits were secure. These retirees employer to continue to provide retiree education and R&D and reducing enti- earned their benefits through years of health benefits while these benefits are tlement consumption spending. Failure labor and have reached an age when in litigation. to do so now may well imperil Amer- other private coverage is difficult if To prevent early retirees and their ica’s future economic vitality and our not impossible to find. The Retiree families from being left uninsured, this leadership in science and technology. Health Benefits Protection Act of 1997 legislation would extend so-called Mr. BINGAMAN. Mr. President, I am reempowers retirees whose employers COBRA benefits to early retirees and pleased to be an original cosponsor of renege, often without notice, on a com- their dependents whose employer-spon- S. 1305, the National Research Invest- mitment they made to retiree security sored health care benefits are termi- ment Act of 1998. and health. nated or substantially reduced. Boosting the strength of our R&D in- The bill I am offering today melds Broadly stated, COBRA currently re- frastructure is crucially important to two measures I first introduced in the quires employers to offer continuing the future health and prosperity of 104th Congress. The goal is to restore health coverage for up to 18 months for every inhabitant of my home State of retirees’ rights and options when their employees who leave their place of em- New Mexico, just as it is to every former employer takes action to termi- ployment. The employee is responsible American. The scientific, technical, nate their health benefits. for the entire cost of the premium, but and medical advances of the past 40 The legislation was drafted to ad- is allowed to remain in the group pol- years have dramatically improved our dress a serious problem brought to my icy, thus taking advantage of lower standard of living. If we are to main- attention by the retirees of the Morrell group rates. This legislation would ex- tain these advances into the future, we meatpacking plant in Sioux Falls, SD. tend the COBRA law to cover early re- cannot afford to stand still. In January 1995, more than 3,300 tirees and their families who are more Unfortunately, we are now headed in Morrell retirees in Sioux Falls and than 18 months away from Medicare the wrong direction. Federal funding around the country were given 1 week’s eligibility. for research and development has de- notice that their health benefits were This bill would not prohibit employ- clined as an overall percentage of the being terminated. ers from modifying their retiree health Federal budget over the last 20 years. Pre-Medicare retirees were offered benefits to implement legitimate cost- We now spend less than 2 cents of each continued health coverage for only one savings measures, such as utilization dollar of Federal spending on science year under Morrell’s group plan, if the review or managed care arrangements. and engineering research and develop- retiree assumed the full cost of cov- Mr. President, retirees deserve this ment. We need to do better. It is clear erage. When this option lapsed in Janu- kind of health security.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10955 Workers often give up larger pensions fits (if any) provided to current employees (1) TYPE OF COVERAGE.— and other benefits in exchange for which occurs either before, or at or about (A) IN GENERAL.—Section 2202(1) of the health benefits. Unfortunately, in the the same time as, the termination or reduc- Public Health Service Act (42 U.S.C. 300bb– tion of retiree health benefits, or 2(1)) is amended— case of the Morrell employees and far ‘‘(B) the changes in benefits are in connec- too many others, the thanks they get (i) by striking ‘‘The coverage’’ and insert- tion with the addition, expansion, or clari- ing the following: for their sacrifices is that their bene- fication of the delivery system, including ‘‘(A) IN GENERAL.—Except as provided in fits are taken away with no notice and utilization review requirements and restric- subparagraph (B), the coverage’’; and no compensating increase in their pen- tions, requirements that goods or services be (ii) by adding at the end the following: sions or other benefits. obtained through managed care entities or ‘‘(B) CERTAIN RETIREES.—In the case of an Early retirees often have been with specified providers or categories of providers, event described in section 2203(6), the quali- the same company for decades, perhaps or other special major case management re- fied beneficiary may elect to continue cov- strictions. all of their adult lives. They rightfully erage as provided for in subparagraph (A) or ‘‘(3) MODIFICATIONS.—Nothing in this sec- may elect coverage— believe that a company they help build tion shall preclude a court from modifying ‘‘(i) under any other plan offered by the will reward their loyalty, honesty, and the obligation of a plan or plan sponsor to State, political subdivision, agency, or in- hard work. the extent retiree benefits are otherwise strumentality involved; or It is time for this Congress to address being paid by the plan sponsor. ‘‘(ii) notwithstanding paragraphs (4) and (5) ‘‘(b) BURDEN OF PROOF.—In addition to the this victimization of retirees by com- of section 2741(b), through any health insur- panies that put profits before integrity relief authorized in subsection (a) or other- wise available, if, in any action to which sub- ance issuer offering health insurance cov- and cost-cutting before fairness. We section (a)(1) applies, the terms of the em- erage (as defined in section 2791(b)(1)) in the should not simply sit back while this ployee welfare benefit plan summary plan individual market in the State.’’. system creates another population of description or, in the absence of such de- (B) TECHNICAL AMENDMENT.—Section uninsured individuals. Instead, we scription, other materials distributed to em- 2202(2)(D)(i) of the Public Health Service Act should take this opportunity to pre- ployees at the time of a participant’s retire- (42 U.S.C. 300bb–2(2)(D)(i)) is amended by serve private coverage for as many re- ment or disability, are silent or are ambig- striking ‘‘covered under any other’’ and in- tirees as possible and restore the finan- uous, either on their face or after consider- serting ‘‘except with respect to coverage ob- ation of extrinsic evidence, as to whether re- cial security and freedom they earned tained under paragraph (1)(B), covered under tiree health benefits and payments may be any other’’. and thought they could depend upon. terminated or reduced for a participant and (2) PERIOD OF COVERAGE.—Section 2202(2)(A) Mr. President, I ask unanimous con- his or her beneficiaries after the partici- of the Public Health Service Act (42 U.S.C. sent that the text of the bill be printed pant’s retirement or disability, then the ben- 300bb–2(2)(A)) is amended by adding at the in the RECORD. efits and payments shall not be terminated end thereof the following new clause: or reduced for the participant and his or her There being no objection, the bill was ‘‘(v) QUALIFYING EVENT INVOLVING SUBSTAN- beneficiaries unless the plan or plan sponsor TIAL REDUCTION OR ELIMINATION OF A RETIREE ordered to be printed in the RECORD, as establishes by a preponderance of the evi- GROUP HEALTH PLAN.—In the case of an event follows: dence that the summary plan description or S. 1307 other materials about retiree benefits— described in section 2203(6), the date on which such covered qualified beneficiary be- Be it enacted by the Senate and House of Rep- ‘‘(1) were distributed to the participant at comes entitled to benefits under title XVIII resentatives of the United States of America in least 90 days in advance of retirement or dis- of the Social Security Act.’’. Congress assembled, ability; (3) QUALIFYING EVENT.—Section 2203 of the SECTION 1. SHORT TITLE. ‘‘(2) did not promise retiree health benefits for the lifetime of the participant and his or Public Health Service Act (42 U.S.C. 300bb–3) This Act may be cited as the ‘‘Retiree is amended by adding at the end thereof the Health Benefits Protection Act’’. her spouse; and ‘‘(3) clearly and specifically disclosed that following new paragraph: TITLE I—RETIREE HEALTH BENEFITS the plan allowed such termination or reduc- ‘‘(6) The substantial reduction or elimi- PROTECTION tion as to the participant after the time of nation of group health coverage as a result SEC. 101. RULES GOVERNING LITIGATION IN- his or her retirement or disability. of plan changes or termination with respect VOLVING RETIREE HEALTH BENE- The disclosure described in paragraph (3) to a qualified beneficiary described in sec- FITS. must have been made prominently and in tion 2208(3)(A).’’. (a) IN GENERAL.—Part 5 of subtitle B of language which can be understood by the av- (4) NOTICE.—Section 2206 of the Public title I of the Employee Retirement Income erage plan participant. Health Service Act (42 U.S.C. 300bb–6) is Security Act of 1974 (29 U.S.C. 1131 et seq.) is ‘‘(c) REPRESENTATION.—Notwithstanding amended— amended by adding at the end the following any other provision of law, an employee rep- (A) in paragraph (2), by striking ‘‘or (4)’’ new section: resentative of any retired employee or the and inserting ‘‘(4), or (6)’’; and ‘‘SEC. 516. RULES GOVERNING LITIGATION IN- employee’ spouse or dependents may— (B) in paragraph (4)(A), by striking ‘‘or (4)’’ VOLVING RETIREE HEALTH BENE- ‘‘(1) bring an action described in this sec- and inserting ‘‘(4), or (6)’’. FITS. tion on behalf of such employee, spouse, or (5) DEFINITION.—Section 2208(3) of the Pub- ‘‘(a) MAINTENANCE OF BENEFITS.— dependents; or lic Health Service Act (42 U.S.C. 300bb–8(3)) ‘‘(1) IN GENERAL.—If— ‘‘(2) appear in such an action on behalf of is amended by adding at the end thereof the ‘‘(A) retiree health benefits or plan or plan such employee, spouse or dependents. following new subparagraph: sponsor payments in connection with such ‘‘(d) RETIREE HEALTH BENEFITS.—For the ‘‘(C) SPECIAL RULE FOR RETIREES.—In the benefits are to be or have been terminated or purposes of this section, the term ‘retiree case of a qualifying event described in sec- reduced under an employee welfare benefit health benefits’ means health benefits (in- tion 2203(6), the term ‘qualified beneficiary’ plan; and cluding coverage) which are provided to— includes a covered employee who had retired ‘‘(B) an action is brought by any partici- ‘‘(1) retired or disabled employees who, im- on or before the date of substantial reduc- pant or beneficiary to enjoin or otherwise mediately before the termination or reduc- tion or elimination of coverage and any modify such termination or reduction, tion, have a reasonable expectation to re- other individual who, on the day before such ceive such benefits upon retirement or be- the court without requirement of any addi- qualifying event, is a beneficiary under the coming disabled; and tional showing shall promptly order the plan plan— ‘‘(2) their spouses or dependents.’’ and plan sponsor to maintain the retiree ‘‘(i) as the spouse of the covered employee; health benefits and payments at the level in (b) CONFORMING AMENDMENT.—The table of contents in section 1 of such Act is amended ‘‘(ii) as the dependent child of the covered effect immediately before the termination or employee; or reduction while the action is pending in any by inserting after the item relating to sec- tion 515 the following new item: ‘‘(iii) as the surviving spouse of the covered court. No security or other undertaking employee.’’. shall be required of any participant or bene- ‘‘Sec. 516. Rules governing litigation involv- ficiary as a condition for issuance of such re- ing retiree health benefits.’’ (b) EMPLOYEE RETIREMENT INCOME SECU- lief. An order requiring such maintenance of (c) EFFECTIVE DATE.—The amendments RITY ACT OF 1974.— benefits may be refused or dissolved only made by this section shall apply to actions (1) TYPE OF COVERAGE.— upon determination by the court, on the relating to terminations or reductions of re- (A) IN GENERAL.—Section 602(1) of the Em- basis of clear and convincing evidence, that tiree health benefits which are pending or ployee Retirement Income Security Act of the action is clearly without merit. brought, on or after January 1, 1998. 1974 (29 U.S.C. 1162(1)) is amended— ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not TITLE II—RETIREE CONTINUATION (i) by striking ‘‘The coverage’’ and insert- apply to any action if— COVERAGE ing the following: ‘‘(A) the termination or reduction of re- SEC. 201. EXTENSION OF COBRA CONTINUATION ‘‘(A) IN GENERAL.—Except as provided in tiree health benefits is substantially similar COVERAGE. subparagraph (B), the coverage’’; and to a termination or reduction in health bene- (a) PUBLIC HEALTH SERVICE ACT.— (ii) by adding at the end the following:

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10956 CONGRESSIONAL RECORD — SENATE October 22, 1997 ‘‘(B) CERTAIN RETIREES.—In the case of an ‘‘(VI) QUALIFYING EVENT INVOLVING SUB- ployees. These witnesses clearly under- event described in section 603(7), the quali- STANTIAL REDUCTION OR ELIMINATION OF A RE- scored the importance of doing some fied beneficiary may elect to continue cov- TIREE GROUP HEALTH PLAN.—In the case of an major changes in how the Internal Rev- erage as provided for in subparagraph (A) or event described in paragraph (3)(G), the date enue Service operates. may elect coverage— on which such covered qualified beneficiary We heard, for instance, Acting Com- ‘‘(i) under any other plan maintained by becomes entitled to benefits under title the plan sponsor involved; or XVIII of the Social Security Act.’’. missioner of IRS Mike Nolan say, ‘‘The ‘‘(ii) notwithstanding paragraphs (4) and (5) (3) QUALIFYING EVENT.—Section 4980B(f)(3) IRS is undergoing tremendous of section 2741(b) of the Public Health Serv- of the Internal Revenue Code of 1986 is change.’’ ice Act, through any health insurance issuer amended by adding at the end thereof the That is very encouraging and also offering health insurance coverage (as de- following new subparagraph: very long overdue. My concern is that fined in section 2791(b)(1) of such Act) in the ‘‘(G) The substantial reduction or elimi- there is a big disconnect between the individual market in the State.’’. nation of group health coverage as a result Commissioner’s office and over 100,000 (B) TECHNICAL AMENDMENT.—Section of plan changes or termination with respect IRS employees who work all over 602(2)(D)(i) of the Employee Retirement In- to a qualified beneficiary described in sub- America, and even a greater disconnect come Security Act of 1974 (29 U.S.C. section (g)(1)(D).’’. between some of these employees—not 1162(2)(D)(i)) is amended by striking ‘‘covered (4) NOTICE.—Section 4980B(f)(6) of the In- under any other’’ and inserting ‘‘except with ternal Revenue Code of 1986 is amended— all, but some—and the American tax- respect to coverage obtained under para- (A) in subparagraph (B), by striking ‘‘or payer. This became very painfully graph (1)(B), covered under any other’’. (F)’’ and inserting ‘‘(F), or (G)’’; and clear as a result of our 3 days of hear- (2) PERIOD OF COVERAGE.—Section 602(2)(A) (B) in subparagraph (D)(i), by striking ‘‘or ings. of the Employee Retirement Income Secu- (F)’’ and inserting ‘‘(F), or (G)’’. I want to point out that the IRS is a rity Act of 1974 (29 U.S.C. 1162(2)(A)) is (5) DEFINITION.—Section 4980B(g)(1)(D) of very convenient political punching bag amended by adding at the end thereof the the Internal Revenue Code of 1986 is amended for many, and speeches condemning the following new clause: by striking ‘‘(f)(3)(F)’’ and inserting IRS are met with widespread applause ‘‘(vi) QUALIFYING EVENT INVOLVING SUB- ‘‘(f)(3)(F) or (f)(3)(G)’’. at any type of a townhall meeting you STANTIAL REDUCTION OR ELIMINATION OF A SEC. 202. EFFECTIVE DATE. want to have. But this is not an issue GROUP HEALTH PLAN COVERING RETIREES, This title shall take effect as if enacted on SPOUSES AND DEPENDENTS.—In the case of an January 1, 1998. that we should demagog. Americans event described in section 603(7), the date on want us to solve the problem and not which such covered qualified beneficiary be- By Mr. BREAUX (for himself and just pass the blame around and blame comes entitled to benefits under title XVIII Mr. KERREY): the other side for their failures. of the Social Security Act.’’. S. 1308. A bill to amend the Internal As was the case with the balanced (3) QUALIFYING EVENT.—Section 603 of the Revenue Code of 1986 to ensure tax- budget amendment, Republicans and Employee Retirement Income Security Act Democrats need to come together in a of 1974 (29 U.S.C. 1163) is amended by adding payer confidence in the fairness and independence of the taxpayer problem bipartisan fashion and act responsibly at the end thereof the following new para- to come up with some real changes graph: resolution process by providing a more ‘‘(7) The substantial reduction or elimi- independently operated Office of the that are going to help address this nation of group health plan coverage as a re- Taxpayer Advocate, and for other pur- problem and protect the American tax- sult of plan changes or termination with re- poses; to the Committee on Finance. payer. Unless we don’t want a national de- spect to a qualified beneficiary described in THE TAXPAYER PROTECTION ACT OF 1997 section 607(3)(C).’’. fense or a public highway system or Mr. BREAUX. Mr. President, this (4) NOTICE.—Section 606(a) of the Employee schools and national parks, we have to afternoon, I rise to introduce legisla- Retirement Income Security Act of 1974 (29 ask ourselves, what will we have if we U.S.C. 1166) is amended— tion representing, I think, a very im- just eliminated the Internal Revenue (A) in paragraph (2), by striking ‘‘or (6)’’ portant step in giving American tax- Service? When the Department of De- and inserting ‘‘(6), or (7)’’; and payers an additional tool for them to fense, I am reminded, had all of these (B) in paragraph (4)(A), by striking ‘‘or (6)’’ use in solving problems that they have and inserting ‘‘(6), or (7)’’. problems buying $200 toilet seats and when they are entering into a dispute $500 hammers, we didn’t do away with (5) DEFINITION.—Section 607(3)(C) of the with the Internal Revenue Service. My Employee Retirement Income Security Act the Department of Defense, we re- of 1974 (29 U.S.C. 1167(2)) is amended by strik- bill would ensure that American tax- formed it. We gave them specific in- ing ‘‘603(6)’’ and inserting ‘‘603(6) or 603(7)’’. payers have someone with real author- structions on how they should conduct ity and significant resources who will (c) INTERNAL REVENUE CODE OF 1986.— their business. As a result, we still (1) TYPE OF COVERAGE.— represent their interests when dealing have a Department of Defense, thank (A) IN GENERAL.—Section 4980B(f)(2)(A) of with IRS, a true taxpayer advocacy or- goodness, but it is operating more effi- the Internal Revenue Code of 1986 is amend- ganization which will be on the side of ciently and more effectively and not ed— the American taxpayer and not on the making the type of mistakes that we (i) by striking ‘‘The coverage’’ and insert- side of Washington bureaucrats. saw in the past. The bottom line is we ing the following: I want to also point out that I am ‘‘(i) IN GENERAL.—Except as provided in reformed it. We have to do the same proud to be a cosponsor of the Kerrey- thing with the Internal Revenue Serv- clause (ii), the coverage’’; and Grassley bill, which is a broader re- (ii) by adding at the end the following: ice. ‘‘(ii) CERTAIN RETIREES.—In the case of an structuring of the entire Internal Rev- There are many issues to look at event described in paragraph (3)(G), the enue Service, that came about as part when we talk about how to restructure. qualified beneficiary may elect to continue of the work that the bipartisan com- One is IRS management, how to model coverage as provided for in clause (i) or may mission studied for over a year’s time. a new oversight structure at the IRS elect coverage— The bill, however, that I am intro- that would make it more responsive ‘‘(I) under any other plan maintained by ducing today will strengthen the part and accountable to their management the plan sponsor involved; or of the bill dealing with the Office of problems. ‘‘(II) notwithstanding paragraphs (4) and Taxpayer Advocate by making the ad- (5) of section 2741(b) of the Public Health There also is a separate issue, and Service Act, through any health insurance vocate’s office much more independent that is how to strengthen the hand of issuer offering health insurance coverage (as than it is now and giving it more mus- the American taxpayer when they have defined in section 2791(b)(1) of such Act) in cle in representing the interests of to deal with the Internal Revenue the individual market in the State.’’. American taxpayers. Service and let our American tax- (B) TECHNICAL AMENDMENT.—Section Last month, our Senate Finance payers know that somewhere there is 4980B(f)(2)(B)(iv)(I) of the Internal Revenue Committee had 3 days of hearings look- someone who is on their side when they Code of 1986 is amended by striking ‘‘covered ing at the practices and procedures have problems with the Federal Gov- under any other’’ and inserting ‘‘except with within the Internal Revenue Service. ernment and specifically with the IRS. respect to coverage obtained under para- In addition to hearing from taxpayers On the first issue of management, at- graph (1)(B), covered under any other’’. (2) PERIOD OF COVERAGE.—Section who had been mistreated by the Inter- tention has focused on who should sit 4980B(f)(2)(B)(i) of the Internal Revenue Code nal Revenue Service, our committee on the board of directors that runs an of 1986 is amended by adding at the end also heard very shocking testimony IRS and what kind of authority and re- thereof the following new subclause: from both current and former IRS em- sponsibilities this board would have. I

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10957 think there is widespread agreement No. 3: The initial contact between weekly home visit reduced the risk that the management and oversight of the IRS and the taxpayer will include a that these children would grow up to the IRS needs to improve dramatically. disclosure that the taxpayers have a become chronic lawbreakers by a star- We need to have more private sector right to contact their local taxpayer tling 80 percent. The Syracuse Univer- involvement in that board of directors. advocate and information on how to sity Family Development Study The Finance Committee is going to contact them so that the taxpayer will showed that providing quality early- have hearings on the restructuring know that this office is there and it is childhood programs to families until question next week. I hope that we there to protect their legitimate inter- children reached age 5 reduces the chil- have a fair and open discussion about ests. dren’s risk of delinquency 10 years what needs to be done, because that is No. 4: The local taxpayer advocate of- later by 90 percent. It’s no wonder that the only way a solution will be arrived fice would have a separate phone num- a recent survey of police chiefs found at. I personally think we should try ber, fax number, and post office box that 9 out of 10 said that ‘‘America and model the management of IRS on a apart from the IRS district office. could sharply reduce crime if Govern- real board of directors, a concept that And finally, No. 5: The taxpayer ad- ment invested more’’ in these early is part of the bill introduced by Sen- vocate would also have the discretion intervention programs. ator KERREY and Senator GRASSLEY not to disclose taxpayer information to These programs are successful be- and also Congressmen PORTMAN and IRS employees, another tool which cause children’s experiences during CARDIN in the House of Representa- could help taxpayers. their early years of life lay the founda- tives. I am a cosponsor of their legisla- All of these measures are designed to tion for their future development. Our tion and will be actively participating give the taxpayer advocate a much failure to provide young children what in getting that done. stronger voice, a much stronger hand they need during this period has long- There is no reason why the Internal in representing American taxpayers. term consequences and costs for Amer- Revenue Service shouldn’t be just as What taxpayers in this country need is ica. Recent scientific evidence conclu- advanced technologically from an orga- someone who is on their side, not on sively demonstrates that enhancing nizational standpoint as any Fortune the Government side, who has the re- children’s physical, social, emotional, 500 company in America. Our goal sources to go up against the IRS. and intellectual development will re- should be to have an oversight board I have been working closely with sult in tremendous benefits for chil- that improves the IRS accountability Senator KERREY and pleased he sup- dren, families, and our Nation. The and also their operations. A better ports including my provision in the electrical activity of brain cells actu- managed IRS will translate into better overall bill that they are planning to ally changes the physical structure of customer service for taxpayers. introduce. So, I think we are making the brain itself. Without a stimulating But just as important, however, we progress. I think we ought to be doing environment, the baby’s brain suffers. need to look at ways to improve the ev- it in a continued responsible fashion, in At birth, a baby’s brain contains 100 eryday outcomes when taxpayers have a bipartisan fashion. If we can get this billion neurons, roughly as many nerve a problem and have to engage with the done, I just suggest that the American cells as there are stars in the Milky IRS. An oversight board may solve taxpayer will now know that there is Way. But the wiring pattern between some of those, but we need to put in some office that is on their side rep- these neurons develops over time. Chil- place some independent group that is resenting their interests before their dren who play very little or are rarely going to represent the interests of the Government. touched develop brains 20 to 30 percent American taxpayer on a day-to-day smaller than normal for their age. basis, and that is what my legislation By Mr. KERRY (for himself, Mr. Mr. President, reversing these prob- would do. BOND, Mr. ROCKEFELLER, Mr. lems later in life is far more difficult Currently, the IRS has an Office of CHAFEE, Mr. KENNEDY, Mr. HOL- and costly. I want to discuss several Taxpayer Advocate whose job is to rep- LINGS, MS. LANDRIEU, Mr. examples. resent the American taxpayers in deal- WELLSTONE, Ms. MOSELEY- First, poverty seriously impairs ings with the IRS. The problem with BRAUN, Mrs. BOXER, Mr. young children’s language develop- the current structure, however, is that TORRICELLI, and Mr. JOHNSON): ment, math skills, IQ scores, and their this taxpayer advocate does not have S. 1309. A bill to provide for the later school completion. Poor young enough independence. The taxpayer ad- health, education, and welfare of chil- children also are at heightened risk of vocate in each district reports directly dren under 6 years of age; to the Com- infant mortality, anemia, and stunted to the district director of the IRS. Tax- mittee on Labor and Human Resources. growth. Of the 12 million children payers need someone who will work for under the age of 3 in the United States THE EARLY CHILDHOOD DEVELOPMENT ACT them and represent their interests and today, 3 million—25 percent—live in Mr. KERRY. Mr. President, I am de- not just be an employee of the IRS. poverty. My bill would make the taxpayer ad- lighted to introduce today the Early Second, three out of five mothers vocate a great deal more independent Childhood Development Act with Sen- with children younger than 3 work, but by giving it more resources, more au- ator BOND. I want to thank Senator one study found that 40 percent of the thority and more responsibilities. The BOND for his leadership, both as a Gov- facilities at child care centers serving American taxpayers would then have ernor who began the successful Parents infants provided care of such poor qual- someone working for them and not just as Teachers Program and for joining ity as to actually jeopardize children’s working for the IRS when they need together in this bipartisan effort to de- health, safety, or development. help. velop a real world solution to real Third, in more than half of the My bill would do the following: world problems. States, one out of every four children No. 1: A national taxpayer advocate Mr. President, there is no issue more between 19 months and 3 years of age is would be appointed directly by the important in America than the urgent not fully immunized against common President, with the advice and consent needs of young children. This country childhood diseases. Children who are of the Senate. He or she would not con- must rededicate itself to investing in not immunized are more likely to con- tinue to be appointed by the IRS Com- children, an investment which will tact preventable diseases, which can missioner. The national taxpayer advo- have tremendous returns. Early inter- cause long-term harm. cate would also not be selected from vention can have a powerful effect on And fourth, children younger than 3 the ranks of the IRS, to make sure that reducing Government welfare, health, make up 27 percent of the 1 million person is truly independent. criminal justice, and education expend- children who are determined to be No. 2: The national taxpayer advo- itures in the long run. By taking steps abused or neglected each year. Of the cate will make the hiring and firing de- now we can significantly reduce later 1,200 children who died from abuse and cisions regarding the heads of the local destructive behavior such as school neglect in 1995, 85 percent were younger taxpayer advocate office in the IRS dropout, drug use, and criminal acts. A than 5 and 45 percent were younger district and service centers. No longer study of the High/Scope Foundation’s than 1. would the local taxpayer advocate be Perry Preschool found that at-risk tod- Unfortunately, Mr. President, our hired and fired by the district director. dlers who received preschooling and a Government expenditure patterns are

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10958 CONGRESSIONAL RECORD — SENATE October 22, 1997 inverse to the most important early de- thank Governor Dean of Vermont and (4) Since more than 50 percent of the moth- velopment period for human beings. Al- Governor Romer of Colorado for sup- ers of children under the age of 3 now work though we know that early investment porting this legislation and the wide outside of the home, our society must change to provide new supports so young can dramatically reduce later remedial range of groups who support this legis- children receive the attention and care that and social costs, currently our Nation lation including the Association of they need. spends more than $35 billion over 5 Jewish Family & Children’s Agencies, (5) There are 12,000,000 children under the years on Federal programs for at-risk Boys and Girls Clubs of America, Chil- age of 3 in the United States today and 1 in or delinquent youth and child welfare dren’s Defense Fund, Child Welfare 4 lives in poverty. programs for children ages 12 to 18, but League of America, Coalition On (6) Compared with most other industri- far less for children from birth to age 6. Human Needs, Harvard Center for Chil- alized countries, the United States has a Today we seek to change our prior- dren’s Health, Jewish Council for Pub- higher infant mortality rate, a higher pro- portion of low-birth weight babies, and a ities and put children first. I am intro- lic Affairs, National Black Child Devel- smaller proportion of babies immunized ducing the Early Childhood Develop- opment Institute, Inc., National Coun- against childhood diseases. ment Act of 1997 to help empower local cil of Churches of Christ in the USA, (7) National and local studies have found a communities to provide essential inter- Religious Action Center of Reform Ju- strong link between increased violence and ventions in the lives of our youngest daism, and Rob Reiner of the I Am crime among youth when there is no early at-risk children and their families. Your Child Campaign. intervention. This legislation seeks to provide sup- Children need certain supports dur- (8) The United States will spend more than port to families by minimizing Govern- $35,000,000,000 over the next 5 years on Fed- ing their early critical years if they are eral programs for at-risk or delinquent ment bureaucracy and maximizing to thrive and grow to be contributing youth and child welfare programs, which ad- local initiatives. We would provide ad- adults. I look forward to working with dress crisis situations which frequently ditional funding to communities to ex- Senator BOND and both sides of the could be avoided or made much less severe pand the thousands of successful ef- aisle to pass this legislation and ensure with good early interventions. forts for at-risk children ages zero to 6 that all children arrive at school ready (9) Many local communities across the such as those sponsored by the United to learn. country have developed successful early Way, Boys and Girls Clubs, and other Mr. President, I ask unanimous con- childhood efforts and with additional re- sources could expand and enhance opportuni- less well-known grassroots organiza- sent that the text of the bill be printed ties for young children. tions, as well as State initiatives such in the RECORD. TITLE I—ASSISTANCE FOR YOUNG as Success By Six in Massachusetts There being no objection, the bill was CHILDREN ECORD and Vermont, the Parents as Teachers ordered to be printed in the R , as SEC. 101. DEFINITIONS. program in Missouri, Healthy Families follows: In this title: in Indiana, and the Early Childhood S. 1309 (1) LOCAL EDUCATIONAL AGENCY.—The term Initiative in Pittsburgh, PA. All are Be it enacted by the Senate and House of Rep- ‘‘local educational agency’’ has the meaning short on resources. And nowhere do we resentatives of the United States of America in given the term in section 14101 of the Ele- adequately meet demand although we Congress assembled, mentary and Secondary Education Act of know that many States and local com- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1965 (20 U.S.C. 8801). (2) POVERTY LINE.—The term ‘‘poverty munities deliver efficient, cost-effec- (a) SHORT TITLE.—This Act may be cited as the ‘‘Early Childhood Development Act of line’’ means the poverty line (as defined by tive, and necessary services. Extending the Office of Management and Budget, and the reach of these successful programs 1997’’. (b) TABLE OF CONTENTS.—The table of con- revised annually in accordance with section to millions of children currently under- tents of this Act is as follows: 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a served will increase our national well- Sec. 1. Short title; table of contents. family of the size involved. being and ultimately save billions of Sec. 2. Findings. (3) SECRETARY.—The term ‘‘Secretary’’ dollars. TITLE I—ASSISTANCE FOR YOUNG The second part of this bill would means the Secretary of Health and Human CHILDREN Services. provide funding to States to help them Sec. 101. Definitions. (4) STATE BOARD.—The term ‘‘State board’’ provide a subsidy to all working poor Sec. 102. Allotments to States. means a State Early Learning Coordinating families to purchase quality child care Sec. 103. Grants to local collaboratives. Board established under section 102(c). for infants, toddlers, and preschool Sec. 104. Supplement not supplant. (5) YOUNG CHILD.—The term ‘‘young child’’ children. We would not create a new Sec. 105. Authorization of appropriations. means an individual from birth through age program but would simply increase re- TITLE II—CHILD CARE FOR FAMILIES 5. sources for the successful Child Care Sec. 201. Amendment to Child Care and De- (6) YOUNG CHILD ASSISTANCE ACTIVITIES.— The term ‘‘young child assistance activities’’ and Development Block Grant velopment Block Grant Act of 1990. means the activities described in paragraphs [CCDBG]. Child care for infants and (1) and (2)(A) of section 103(b). toddlers is much more expensive than TITLE III—AMENDMENTS TO THE HEAD START ACT SEC. 102. ALLOTMENTS TO STATES. for older children since a higher level (a) IN GENERAL.—The Secretary shall make Sec. 301. Authorization of appropriations. allotments under subsection (b) to eligible of care is necessary. Additional funding Sec. 302. Allotment of funds. States to pay for the Federal share of the would also pay for improving the sala- Sec. 303. Effective date. cost of enabling the States to make grants ries and training level of child care SEC. 2. FINDINGS. workers, improving the facilities of to local collaboratives under section 103 for Congress makes the following findings— young child assistance activities. child care centers and family child care (1) The Nation’s highest priority should be (b) ALLOTMENT.— homes, and providing enriched develop- to ensure that children begin school ready to (1) IN GENERAL.—From the funds appro- mentally appropriate educational op- learn. priated under section 105 for each fiscal year portunities. (2) New scientific research shows that the and not reserved under subsection (i), the Finally, the bill would increase fund- electrical activity of brain cells actually Secretary shall allot to each eligible State ing for the Early Head Start Program. changes the physical structure of the brain an amount that bears the same relationship itself and that without a stimulating envi- The successful Head Start Program to such funds as the total number of young ronment, a baby’s brain will suffer. At birth, children in poverty in the State bears to the provides quality services to 4 and 5 a baby’s brain contains 100,000,000,000 neu- total number of young children in poverty in year-olds. The Early Head Start pro- rons, roughly as many nerve cells as there all eligible States. gram, which currently is a modest pro- are stars in the Milky Way. But the wiring (2) YOUNG CHILD IN POVERTY.—In this sub- gram funded at $200 million annually, pattern between these neurons develops over section, the term ‘‘young child in poverty’’ provides comprehensive child develop- time. Children who play very little or are means an individual who— ment and family support services to in- rarely touched develop brains that are 20 to (A) is a young child; and fants and toddlers. Expanding this pro- 30 percent smaller than normal for their age. (B) is a member of a family with an income (3) This scientific evidence also conclu- gram would help more young children below the poverty line. sively demonstrates that enhancing chil- (c) STATE BOARDS.— receive the early assistance they need. dren’s physical, social, emotional, and intel- (1) IN GENERAL.—In order for a State to be I was delighted to be joined earlier lectual development will result in tremen- eligible to obtain an allotment under this today by Dr. Berry Brazelton and Rob dous benefits for children, families, and our title, the Governor of the State shall estab- Reiner to announce this bill. I want to Nation. lish, or designate an entity to serve as, a

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State Early Learning Coordinating Board, (A) IN GENERAL.—The State shall con- (2) may use funds made available through which shall receive the allotment and make tribute the remaining share (referred to in the grant— the grants described in section 103. this paragraph as the ‘‘State share’’) of the (A) to provide, in the community, activi- (2) ESTABLISHED BOARD.—A State board es- cost described in subsection (a). ties that consist of— tablished under paragraph (1) shall consist of (B) FORM.—The State share of the cost (i) activities designed to strengthen the the Governor and members appointed by the shall be in cash. quality of child care for young children and Governor, including— (C) SOURCES.—The State may provide for expand the supply of high quality child care (A) representatives of all State agencies the State share of the cost from State or services for young children; primarily providing services to young chil- local sources, or through donations from pri- (ii) health care services for young children, dren in the State; vate entities. including increasing the level of immuniza- (B) representatives of business in the (f) STATE ADMINISTRATIVE COSTS.— tion for young children in the community, State; (1) IN GENERAL.—A State may use not more providing preventive health care screening (C) chief executive officers of political sub- than 5 percent of the funds made available and education, and expanding health care divisions in the State; through an allotment made under this title services in schools, child care facilities, clin- (D) parents of young children in the State; to pay for a portion, not to exceed 50 per- ics in public housing projects (as defined in (E) officers of community organizations cent, of State administrative costs related to section 3(b) of the United States Housing Act serving low-income individuals, as defined by carrying out this title. of 1937 (42 U.S.C. 1437a(b))), and mobile dental the Secretary, in the State; (2) WAIVER.—A State may apply to the Sec- and vision clinics; (F) representatives of State nonprofit orga- retary for a waiver of paragraph (1). The Sec- (iii) services for children with disabilities nizations that represent the interests of retary may grant the waiver if the Secretary who are young children; and young children in poverty, as defined in sub- finds that unusual circumstances prevent (iv) activities designed to assist schools in section (b), in the State; the State from complying with paragraph providing educational and other support (G) representatives of organizations pro- (1). A State that receives such a waiver may services to young children, and parents of viding services to young children and the use not more than 7.5 percent of the funds young children, in the community, to be car- parents of young children, such as organiza- made available through the allotment to pay ried out during extended hours when appro- tions providing child care, carrying out Head for the State administrative costs. priate; and Start programs under the Head Start Act (42 (g) MONITORING.—The Secretary shall mon- (B) to pay for the salary and expenses of U.S.C. 9831 et seq.), providing services itor the activities of States that receive al- the administrator described in subsection through a family resource center, providing lotments under this title to ensure compli- (e)(4), in accordance with such regulations as home visits, or providing health care serv- ance with the requirements of this title, in- the Secretary shall prescribe. ices, in the State; and cluding compliance with the State plans. (c) MULTI-YEAR FUNDING.—In making (H) representatives of local educational (h) ENFORCEMENT.—If the Secretary deter- grants under this section, a State board may agencies. mines that a State that has received an al- make grants for grant periods of more than lotment under this title is not complying (3) DESIGNATED BOARD.—The Governor may 1 year to local collaboratives with dem- designate an entity to serve as the State with a requirement of this title, the Sec- onstrated success in carrying out young board under paragraph (1) if the entity in- retary may— child assistance activities. cludes the Governor and the members de- (1) provide technical assistance to the (d) LOCAL COLLABORATIVES.—To be eligible to receive a grant under this section for a scribed in subparagraphs (A) through (G) of State to improve the ability of the State to community, a local collaborative shall dem- paragraph (2). comply with the requirement; (2) reduce, by not less than 5 percent, an onstrate that the collaborative— (4) DESIGNATED STATE AGENCY.—The Gov- (1) is able to provide, through a coordi- ernor shall designate a State agency that allotment made to the State under this sec- nated effort, young child assistance activi- has a representative on the State board to tion, for the second determination of non- ties to young children, and parents of young provide administrative oversight concerning compliance; children, in the community; and the use of funds made available under this (3) reduce, by not less than 25 percent, an (2) includes— title and ensure accountability for the funds. allotment made to the State under this sec- tion, for the third determination of non- (A) all public agencies primarily providing (d) APPLICATION.—To be eligible to receive compliance; or services to young children in the commu- an allotment under this title, a State board (4) revoke the eligibility of the State to re- nity; shall annually submit an application to the ceive allotments under this section, for the (B) businesses in the community; Secretary at such time, in such manner, and fourth or subsequent determination of non- (C) representatives of the local government containing such information as the Sec- compliance. for the county or other political subdivision retary may require. At a minimum, the ap- (i) TECHNICAL ASSISTANCE.—From the funds in which the community is located; plication shall contain— appropriated under section 105 for each fiscal (D) parents of young children in the com- (1) sufficient information about the entity year, the Secretary shall reserve not more munity; established or designated under subsection than 1 percent of the funds to pay for the (E) officers of community organizations (c) to serve as the State board to enable the costs of providing technical assistance. The serving low-income individuals, as defined by Secretary to determine whether the entity Secretary shall use the reserved funds to the Secretary, in the community; complies with the requirements of such sub- enter into contracts with eligible entities to (F) community-based organizations pro- section; provide technical assistance, to local viding services to young children and the (2) a comprehensive State plan for carrying collaboratives that receive grants under sec- parents of young children, such as organiza- out young child assistance activities; tion 103, relating to the functions of the tions providing child care, carrying out Head (3) an assurance that the State board will local collaboratives under this title. Start programs, or providing pre-kinder- provide such information as the Secretary SEC. 103. GRANTS TO LOCAL COLLABORATIVES. garten education, mental health, or family shall by regulation require on the amount of (a) IN GENERAL.—A State board that re- support services; and State and local public funds expended in the ceives an allotment under section 102 shall (G) nonprofit organizations that serve the State to provide services for young children; use the funds made available through the al- community and that are described in section and lotment, and the State contribution made 501(c)(3) of the Internal Revenue Code of 1986 (4) an assurance that the State board shall under section 102(e)(2), to pay for the Federal and exempt from taxation under section annually compile and submit to the Sec- and State shares of the cost of making 501(a) of such Code. retary information from the reports referred grants, on a competitive basis, to local (e) APPLICATION.—To be eligible to receive to in section 103(d)(2)(F)(iii) that describes collaboratives to carry out young child as- a grant under this section, a local collabo- the results referred to in section sistance activities. rative shall submit an application to the 103(d)(2)(F)(i). (b) USE OF FUNDS.—A local collaborative State board at such time, in such manner, (e) FEDERAL SHARE.— that receives a grant made under subsection and containing such information as the (1) IN GENERAL.—The Federal share of the (a)— State board may require. At a minimum, the cost described in subsection (a) shall be— (1) shall use funds made available through application shall contain— (A) 85 percent, in the case of a State for the grant to provide, in a community, activi- (1) sufficient information about the entity which the Federal medical assistance per- ties that consist of education and supportive described in subsection (d)(2) to enable the centage (as defined in section 1905(b) of the services, such as— State board to determine whether the entity Social Security Act (42 U.S.C. 1396d(b))) is (A) home visits for parents of young chil- complies with the requirements of such sub- not less than 50 percent but is less than 60 dren; section; and percent; (B) services provided through community- (2) a comprehensive plan for carrying out (B) 87.5 percent, in the case of a State for based family resource centers for such par- young child assistance activities in the com- which such percentage is not less than 60 ents; and munity, including information indicating— percent but is less than 70 percent; and (C) collaborative pre-school efforts that (A) the young child assistance activities (C) 90 percent, in the case of any State not link parenting education for such parents to available in the community, as of the date of described in subparagraph (A) or (B). early childhood learning services for young submission of the plan, including informa- (2) STATE SHARE.— children; and tion on efforts to coordinate the activities;

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10960 CONGRESSIONAL RECORD — SENATE October 22, 1997 (B) the unmet needs of young children, and compliance with the requirements of this vide child care assistance, on a sliding fee parents of young children, in the community title. scale basis, on behalf of eligible children (as for young child assistance activities; SEC. 104. SUPPLEMENT NOT SUPPLANT. determined under paragraph (2)) to enable (C) the manner in which funds made avail- Funds appropriated under this title shall the parents of such children to secure high able through the grant will be used— be used to supplement and not supplant quality care for such children. (i) to meet the needs, including expanding other Federal, State, and local public funds ‘‘(2) ELIGIBILITY.—To be eligible to receive and strengthening the activities described in expended to provide services for young chil- child care assistance from a State under this subparagraph (A) and establishing additional dren. section, a child shall— young child assistance activities; and SEC. 105. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) be under 6 years of age; (ii) to improve results for young children There are authorized to be appropriated to ‘‘(B) be residing with at least one parent in the community; carry out this title $250,000,000 for fiscal year who is employed or enrolled in a school or (D) how the local cooperative will use at 1999, $500,000,000 for fiscal year 2000, training program or otherwise requires child least 60 percent of the funds made available $1,000,000,000 for each of fiscal years 2001 care as a preventive or protective service (as through the grant to provide young child as- through 2003, and such sums as may be nec- determined under rules established by the sistance activities to young children and essary for fiscal year 2004 and each subse- Secretary); and parents described in subsection (f); quent fiscal year. ‘‘(C) have a family income that is less than (E) the comprehensive methods that the TITLE II—CHILD CARE FOR FAMILIES 85 percent of the State median income for a collaborative will use to ensure that— SEC. 201. AMENDMENT TO CHILD CARE AND DE- family of the size involved. (i) each entity carrying out young child as- VELOPMENT BLOCK GRANT ACT OF ‘‘(3) INFANT CARE SET-ASIDE.—A State shall sistance activities through the collaborative 1990. set-aside 10 percent of the amounts received will coordinate the activities with such ac- The Child Care and Development Block by the State under a grant under subsection tivities carried out by other entities through Grant Act of 1990 is amended by inserting (a)(1) for a fiscal year for the establishment the collaborative; and after section 658C (42 U.S.C. 9858b) the fol- of a program to establish innovations in in- (ii) the local collaborative will coordinate lowing: fant and toddler care, including models for— the activities of the local collaborative ‘‘SEC. 658C–1. ESTABLISHMENT OF ZERO TO SIX ‘‘(A) the development of family child care with— PROGRAM. networks; (I) other services provided to young chil- ‘‘(a) IN GENERAL.— ‘‘(B) the training of child care providers for dren, and the parents of young children, in ‘‘(1) PAYMENTS.—Subject to the amount ap- infant and toddler care; and the community; and propriated under subsection (d), each State ‘‘(C) the support, renovation, and mod- (II) the activities of other local shall, for the purpose of providing child care ernization of facilities used for child care collaboratives serving young children and assistance on behalf of children under 6 years programs serving infants. families in the community, if any; and of age, receive payments under this section ‘‘(4) POVERTY LINE.—As used in this sub- (F) the manner in which the collaborative in accordance with the formula described in section, the term ‘‘poverty line’’ means the will, at such intervals as the State board section 658O. income official poverty line (as defined by may require, submit information to the ‘‘(2) INDIAN TRIBES.—The Secretary shall the Office of Management and Budget, and State board to enable the State board to reserve 2 percent of the amount appropriated revised annually in accordance with section carry out monitoring under section 102(f), in- to carry out this section in each fiscal year 673(2) of the Omnibus Budget Reconciliation cluding the manner in which the collabo- for payments to Indian tribes and tribal or- Act of 1981) that is applicable to a family of ganizations. rative will— the size involved. ‘‘(3) REMAINDER.—Any amount appro- (i) evaluate the results achieved by the col- ‘‘(c) LEVELS OF ASSISTANCE.— priated for a fiscal year under subsection (d), laborative for young children and parents of ‘‘(1) ADJUSTMENT OF RATES.—With respect and remaining after the Secretary awards young children through activities carried to the levels of assistance provided by States grants under paragraph (1) and after the res- out through the grant; on behalf of eligible children under this sec- ervation under paragraph (2), shall be used (ii) evaluate how services can be more ef- by the Secretary to make additional grants tion, a State shall be permitted to adjust fectively delivered to young children and the to States based on the formula under para- rates above the market rates to ensure that parents of young children; and graph (1). families have access to high quality infant (iii) prepare and submit to the State board and toddler care. ‘‘(4) REALLOTMENT.— annual reports describing the results; ‘‘(2) ADDITIONAL ASSISTANCE.—In admin- ‘‘(A) IN GENERAL.—Any portion of the allot- (3) an assurance that the local collabo- ment under paragraph (1) to a State that the istering this section, the Secretary shall en- rative will comply with the requirements of Secretary determines is not required by the courage States to provide additional assist- subparagraphs (D), (E), and (F) of paragraph State to carry out the activities described in ance on behalf of children for enriched infant (2), and subsection (g); and subsection (b), in the period for which the al- and toddler services. (4) an assurance that the local collabo- lotment is made available, shall be reallot- ‘‘(3) AMOUNT OF ASSISTANCE.—In providing rative will hire an administrator to oversee ted by the Secretary to other States in pro- assistance to eligible children under this sec- the provision of the activities described in portion to the original allotments to the tion, a State shall ensure that an eligible paragraphs (1) and (2)(A) of subsection (b). other States. child with a family income that is less than (f) DISTRIBUTION.—In making grants under ‘‘(B) LIMITATIONS.— 100 percent of the poverty line for a family of this section, the State board shall ensure ‘‘(i) REDUCTION.—The amount of any real- the size involved is eligible to receive 100 that at least 60 percent of the funds made lotment to which a State is entitled to under percent of the amount of the assistance for available through each grant are used to pro- subparagraph (A) shall be reduced to the ex- which the child is eligible. vide the young child assistance activities to tent that it exceeds the amount that the ‘‘(d) APPROPRIATION.—For grants under young children (and parents of young chil- Secretary estimates will be used in the State this section, there are appropriated— dren) who reside in school districts in which to carry out the activities described in sub- ‘‘(1) $250,000,000 for fiscal year 1999; half or more of the students receive free or section (b). ‘‘(2) $500,000,000 for fiscal year 2000; reduced price lunches under the National ‘‘(ii) REALLOTMENTS.—The amount of such ‘‘(3) $1,000,000,000 for each of fiscal years School Lunch Act (42 U.S.C. 1751 et seq.). reduction shall be similarly reallotted 2001 through 2003; and (g) LOCAL SHARE.— among States for which no reduction in an ‘‘(4) such sums as may be necessary for fis- (1) IN GENERAL.—The local collaborative allotment or reallotment is required by this cal year 2004 and each subsequent fiscal year. shall contribute a percentage (referred to in paragraph. ‘‘(e) REPORT.—Not later than 1 year after this subsection as the ‘‘local share’’) of the ‘‘(C) INDIAN TRIBES OR TRIBAL ORGANIZA- the date of enactment of this section, the cost of carrying out the young child assist- TIONS.—Any portion of a grant made to an Secretary shall prepare and submit to the ance activities. Indian tribe or tribal organization under appropriate committees of Congress a report (2) PERCENTAGE.—The Secretary shall by paragraph (2) that the Secretary determines concerning— regulation specify the percentage referred to is not being used in a manner consistent ‘‘(1) the appropriate child to staff ratios for in paragraph (1). with subsection (b) in the period for which infants and toddlers in child care settings, (3) FORM.—The local share of the cost shall the grant or contract is made available, shall including child care centers and family child be in cash. be allotted by the Secretary to other tribes care homes; and (4) SOURCE.—The local collaborative shall or organizations in accordance with their re- ‘‘(2) other best practices for infant and tod- provide for the local share of the cost spective needs. dler care. through donations from private entities. ‘‘(5) AVAILABILITY.—Amounts received by a ‘‘(f) APPLICATION OF OTHER REQUIRE- (5) WAIVER.—The State board shall waive State under a grant under this section shall MENTS.— the requirement of paragraph (1) for poor be available for use by the State during the ‘‘(1) STATE PLAN.—The State, as part of the rural and urban areas, as defined by the Sec- fiscal year for which the funds are provided State plan submitted under section 658E(c), retary. and for the following 2 fiscal years. shall describe the activities that the State (h) MONITORING.—The State board shall ‘‘(b) USE OF FUNDS.— intends to carry out using amounts received monitor the activities of local collaboratives ‘‘(1) IN GENERAL.—Amounts received by a under this section, including a description of that receive grants under this title to ensure State under this section shall be used to pro- the levels of assistance to be provided.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10961 ‘‘(2) OTHER REQUIREMENTS.—Amounts pro- dlers—spend some or all of their day ADDITIONAL COSPONSORS vided to a State under this section shall be being cared for by someone other than S. 19 subject to the requirements and limitations their parents. Children of working At the request of Mr. DODD, the name of this subchapter except that section mothers are entering care as early as 6 658E(c)(3), 658F, 658G, 658J, and 658O shall not of the Senator from Louisiana [Ms. apply.’’. weeks of age and spending 35 or more LANDRIEU] was added as a cosponsor of hours a week in some form of child TITLE III—AMENDMENTS TO THE HEAD S. 19, a bill to provide funds for child START ACT care. Whether by choice or necessity, care for low-income working families, parents must try to find quality child SEC. 301. AUTHORIZATION OF APPROPRIATIONS. and for other purposes. Section 639(a) of the Head Start Act (42 care—which is not always available. S. 61 U.S.C. 9834(a)) is amended by inserting before We are seeking, through this legisla- At the request of Mr. LOTT, the name the period at the end the following: ‘‘, tion, to provide families with support of the Senator from Massachusetts $4,900,000,000 for fiscal year 1999, $5,500,000,000 through early childhood education and [Mr. KENNEDY] was added as a cospon- for fiscal year 2000, $6,100,000,000 for fiscal more child care options. Our bill will sor of S. 61, a bill to amend title 46, year 2001, and such sums as may be necessary support families—not bureaucracy—by for fiscal year 2002’’. United States Code, to extend eligi- building on local initiatives that are bility for veterans’ burial benefits, fu- SEC. 302. ALLOTMENT OF FUNDS. already working for families with in- Section 640(a)(6) of the Head Start Act (42 neral benefits, and related benefits for U.S.C. 9835(a)(6)) is amended— fants and toddlers. We will help com- veterans of certain service in the (1) by striking ‘‘1997, and’’ and inserting munities improve their services and United States merchant marine during ‘‘1997,’’; and supports to families with young chil- World War II. (2) by inserting after ‘‘1998,’’ the following: dren by expanding the thousands of S. 356 ‘‘6 percent for fiscal year 1999, 7 percent for successful efforts for families with At the request of Mr. GRAHAM, the fiscal year 2000, 8 percent for fiscal year 2001, children from birth to 6, such as those name of the Senator from Ohio [Mr. and 10 percent for fiscal year 2002,’’. sponsored by the United Way and Boys DEWINE] was added as a cosponsor of S. SEC. 303. EFFECTIVE DATE. and Girls Clubs as well as State initia- 356, a bill to amend the Internal Rev- This title and the amendments made by tives such as Success by Six in Massa- this title shall take effect on October 1, 1998. enue Code of 1986, the Public Health chusetts and Vermont, the Parents as Mr. BOND. Mr. President. I rise Service Act, the Employee Retirement Teachers programs in Missouri and 47 Income Security Act of 1974, the title today, along with my distinguished other States, and the Early Childhood colleague from Massachusetts, Senator XVIII and XIX of the Social Security Initiative in Pennsylvania. Act to assure access to emergency JOHN KERRY, to introduce the Early The Early Childhood Development medical services under group health Childhood Development Act of 1997. Let Act will provide funds for early child- me thank all who have worked so hard plans, health insurance coverage, and hood education programs for all chil- the medicare and medicaid programs. to develop this legislation. dren that emphasize the primary role The most important thing we can do S. 358 of parents and help give them the tools to address the many social problems we At the request of Mr. DEWINE, the they need to be their children’s best face, is to recognize that the family is name of the Senator from Massachu- teachers. Parents are the key to a the centerpiece of our society and take setts [Mr. KENNEDY] was added as a co- child’s healthy development and as we steps to strengthen families and mobi- sponsor of S. 358, a bill to provide for all know, we will never solve our social lize communities to support young compassionate payments with regard problems unless we involve parents in children and their families. to individuals with blood-clotting dis- the process and in their children’s This legislation follows up on recent orders, such as hemophilia, who con- lives. scientific research showing that infant tracted human immunodeficiency virus brain development occurs much more In addition, the bill will expand qual- due to contaminated blood products, rapidly than previously thought, and ity child care programs for families, es- and for other purposes. that early, positive interaction with pecially for infants. And we will begin S. 617 parents plays the critical role in brain the Head Start Program earlier—when At the request of Mr. JOHNSON, the development. its impact could be much greater—at name of the Senator from Florida [Mr. Not surprisingly parents have known birth. GRAHAM] was added as a cosponsor of S. instinctively for generations what While Government cannot and should 617, a bill to amend the Federal Meat science is just now figuring out: that not become a replacement for parents Inspection Act to require that im- reading to a baby, caressing and and families, we can help families be- ported meat, and meat food products cuddling him, and helping him to have come stronger by providing support to containing imported meat, bear a label a wide range of good experiences will help them give their children the en- identifying the country of origin. enhance his development. When chil- couragement, the love and the healthy S. 644 dren fail to receive love and nurturing environment they need to develop their At the request of Mr. D’AMATO, the at home when they do not receive qual- social and intellectual capacities. names of the Senator from Alabama ity child care, whether it is provided by Our legislation balances the desire to [Mr. SHELBY] and the Senator from centers, family child care homes, or provide support with the need to do so New Jersey [Mr. TORRICELLI] were relatives, they are far more likely to responsibly. I am proud that we have added as cosponsors of S. 644, a bill to develop social and academic problems. come together on a bipartisan basis to amend the Public Health Service Act Yet parents today face burdens that invest in programs that encourage fam- and the Employee Retirement Income were unimaginable a generation ago. ily responsibility and obligation while Security Act of 1974 to establish stand- Half of all marriages now end in di- helping families in need to reach those ards for relationships between group vorce, and 28 percent of all children goals. health plans and health insurance under the age of 18 live in a single-par- I am very optimistic that the spirit issuers with enrollees, health profes- ent family. One in four infants and tod- of bipartisanship will guide our consid- sionals, and providers. dlers under the age of 3—nearly 3 mil- eration of this legislation and move it S. 732 lion children—live in families with in- forward. Recent polls have shown that At the request of Mr. FAIRCLOTH, the comes below the Federal poverty level. the overwhelming majority of Ameri- names of the Senator from New York Many women, particularly in low- cans want early childhood development [Mr. D’AMATO] and the Senator from and moderate-income families, are es- issues to be top priorities for our coun- Colorado [Mr. ALLARD] were added as sential in helping support their fami- try. We must all work together to en- cosponsors of S. 732, a bill to require lies financially and have entered the sure that our most vulnerable citizens the Secretary of the Treasury to mint workforce in record numbers during are given the care and protection they and issue coins in commemoration of the last generation. In many families, need and deserve. the centennial anniversary of the first both parents work. Each day, an esti- Mr. President. I look forward to manned flight of Orville and Wilbur mated 13 million children younger than working with my colleagues to improve Wright in Kitty Hawk, North Carolina, 6—including 6 million babies and tod- the quality of life for all children. on December 17, 1903.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10962 CONGRESSIONAL RECORD — SENATE October 22, 1997 S. 803 ming [Mr. ENZI], the Senator from Wy- cupational Safety and Health Act of At the request of Mr. THURMOND, the oming [Mr. THOMAS], the Senator from 1970 to further improve the safety and name of the Senator from Arizona [Mr. Kansas [Mr. ROBERTS] and the Senator health of working environments, and MCCAIN] was added as a cosponsor of S. from Missouri [Mr. ASHCROFT] were for other purposes. 803, a bill to permit the transportation added as cosponsors of S. 1084, a bill to S. 1260 of passengers between United States establish a researh and monitoring pro- At the request of Mr. GRAMM, the ports by certain foreign-flag vessels gram for the national ambient air qual- name of the Senator from Pennsyl- and to encourage United States-flag ity standards for ozone and particulate vania [Mr. SANTORUM] was added as a vessels to participate in such transpor- matter and to reinstate the original cosponsor of S. 1260, a bill to amend the tation. standards under the Clean Air Act, and Securities Act of 1933 and the Securi- S. 943 for other purposes. ties Exchange Act of 1934 to limit the At the request of Mr. SPECTER, the S. 1096 conduct of securities class actions names of the Senator from Minnesota At the request of Mr. KERREY, the under State law, and for other pur- [Mr. WELLSTONE] and the Senator from names of the Senator from Florida [Mr. poses. New York [Mr. MOYNIHAN] were added GRAHAM], the Senator from Louisiana SENATE RESOLUTION 96 as cosponsors of S. 943, a bill to amend [Mr. BREAUX], the Senator from Indi- At the request of Mr. CRAIG, the title 49, United States Code, to clarify ana [Mr. LUGAR], the Senator from names of the Senator from Oregon [Mr. the application of the Act popularly Michigan [Mr. ABRAHAM], the Senator SMITH], the Senator from New Mexico known as the ‘‘Death on the High Seas from Connecticut [Mr. DODD], the Sen- [Mr. DOMENICI], the Senator from Min- Act’’ to aviation accidents. ator from New York [Mr. D’AMATO], nesota [Mr. GRAMS] and the Senator S. 983 the Senator from Kansas [Mr. BROWN- from Pennsylvania [Mr. SPECTER] were At the request of Mr. DODD, the name BACK], and the Senator from Nevada added as cosponsors of Senate Resolu- of the Senator from Illinois [Mr. DUR- [Mr. BRYAN] were added as cosponsors tion 96, A resolution proclaiming the BIN] was added as a cosponsor of S. 983, of S. 1096, a bill to restructure the In- week of March 15 through March 21, a bill to prohibit the sale or other ternal Revenue Service, and for other 1998, as ‘‘National Safe Place Week’’. transfer of highly advanced weapons to purposes. f any country in Latin America. S. 1189 S. 990 At the request of Mr. SMITH, the SENATE CONCURRENT RESOLU- At the request of Mr. FAIRCLOTH, the names of the Senator from New Jersey TION 56—AUTHORIZING THE USE name of the Senator from Mississippi [Mr. TORRICELLI] and the Senator from OF THE ROTUNDA OF THE CAP- [Mr. LOTT] was added as a cosponsor of South Carolina [Mr. THURMOND] were ITOL S. 990, a bill to amend the Public added as cosponsors of S. 1189, a bill to Mr. SPECTER submitted the fol- Health Service Act to establish the Na- increase the criminal penalties for as- lowing concurrent resolution; which tional Institute of Biomedical Imaging. saulting or threatening Federal judges, was considered and agreed to: their family members, and other public S. 1037 S. CON. RES. 56 servants, and for other purposes. At the request of Mr. JEFFORDS, the Resolved by the Senate (the House of Rep- name of the Senator from Louisiana S. 1204 resentatives concurring), That the rotunda of [Ms. LANDRIEU] was added as a cospon- At the request of Mr. COVERDELL, the the Capitol is authorized to be used on Octo- sor of S. 1037, a bill to amend the Inter- names of the Senator from Alabama ber 29, 1997, for a ceremony to honor Leslie nal Revenue Code of 1986 to establish [Mr. SHELBY], the Senator from Mis- Townes (Bob) Hope by conferring upon him incentives to increase the demand for sissippi [Mr. LOTT] and the Senator the status of an honorary veteran of the and supply of quality child care, to pro- from Nebraska [Mr. HAGEL] were added Armed Forces of the United States. Physical vide incentives to States that improve as cosponsors of S. 1204, a bill to sim- preparations for the conduct of the ceremony shall be carried out in accordance with such the quality of child care, to expand plify and expedite access to the Federal conditions as may be prescribed by the Ar- clearing-house and electronic networks courts for injured parties whose rights chitect of the Capitol. for the distribution of child care infor- and privileges, secured by the United f mation, to improve the quality of chlid States Constitution, have been de- care provided through Federal facili- prived by final actions of Federal agen- AMENDMENTS SUBMITTED ties and programs, and for other pur- cies, or other government officials or poses. entities acting under color of State At the request of Mr. DODD, the law; to prevent Federal courts from ab- THE INTERMODAL names of the Senator from Wisconsin staining from exercising Federal juris- TRANSPORTATION ACT OF 1997 [Mr. KOHL] and the Senator from Wash- diction in actions where no State law ington [Mrs. MURRAY] were added as claim is alleged; to permit certification cosponsors of S. 1037, supra. of unsettled State law questions that DOMENICI (AND OTHERS) AMENDMENTS NOS. 1324–1327 S. 1042 are essential to resolving Federal At the request of Mr. CRAIG, the claims arising under the Constitution; (Ordered to lie on the table.) name of the Senator from North Da- and to clarify when government action Mr. DOMENICI (for himself, Mr. kota [Mr. CONRAD] was added as a co- is sufficently final to ripen certain INOUYE, Mr. BINGAMAN, and Mr. JOHN- sponsor of S. 1042, a bill to require Federal claims arising under the Con- SON) submitted four amendments in- country of origin labeling of perishable stitution. tended to be proposed by them to the agricultural commodities imported S. 1220 bill (S. 1173) to authorize funds for con- into the United States and to establish At the request of Mr. DODD, the struction of highways, for highway penalties for violations of the labeling names of the Senator from Vermont safety programs, and for mass transit requirements. [Mr. LEAHY] and the Senator from Illi- programs, and for mass transit pro- S. 1084 nois [Mr. DURBIN] were added as co- grams, and for other purposes; as fol- At the request of Mr. INHOFE, the sponsors of S. 1220, a bill to provide a lows: names of the Senator from Louisiana process for declassifying on an expe- AMENDMENT NO. 1324 [Ms. LANDRIEU], the Senator from Mis- dited basis certain documents relating On page 54, between lines 2 and 3, insert sissippi [Mr. COCHRAN], the Senator to human rights abuses in Guatemala the following: from Alaska [Mr. MURKOWSKI], the Sen- and Honduras. (d) ADDITIONAL FUNDING FOR INDIAN RES- ator from Alabama [Mr. SESSIONS], the S. 1237 ERVATION ROADS.— (1) IN GENERAL.—Section 202(d) of title 23, Senator from Arkansas [Mr. HUTCH- At the request of Mr. ENZI, the names United States Code, is amended— INSON], the Senator from Ohio [Mr. of the Senator from Iowa [Mr. GRASS- (A) by striking ‘‘(d) On’’ and inserting the DEWINE], the Senator from Utah [Mr. LEY] and the Senator from Mississippi following: HATCH], the Senator from Alabama [Mr. COCHRAN] were added as cospon- ‘‘(d) INDIAN RESERVATION ROADS.— [Mr. SHELBY], the Senator from Wyo- sors of S. 1237, a bill to amend the Oc- ‘‘(1) IN GENERAL.—On’’;

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(B) in paragraph (1) (as so designated), by ‘‘(B) accords highest priority in funding to AMENDMENT NO. 1329 inserting ‘‘, and the amount set aside under bridges with the greatest deficiency. On page 85, between lines 18 and 19, insert paragraph (2),’’ after ‘‘appropriated’’; and the following: (C) by adding at the end the following: ALLARD AMENDMENT NO. 1328 (d) EVALUATION OF PROCUREMENT PRAC- ‘‘(2) SET-ASIDE.— TICES AND PROJECT DELIVERY.— ‘‘(A) IN GENERAL.—For each of fiscal years (Ordered to lie on the table.) (1) STUDY.—The Comptroller General shall 1998 through 2003, before making an appor- Mr. ALLARD submitted an amend- conduct a study to assess— tionment of funds under section 104(b), the ment intended to be proposed by him (A) the impact that a utility company’s Secretary shall set aside the amount speci- to the bill, S. 1173, supra; as follows: failure to relocate its facilities in a timely fied for the fiscal year in subparagraph (B) Beginning on page 14, strike line 6 and all manner has on the delivery and cost of Fed- for allocation in accordance with paragraph eral-aid highway and bridge projects; (1). that follows through page 18, line 5, and in- sert the following: (B) methods States use to mitigate delays ‘‘(B) AMOUNTS.—The amounts referred to in described in subparagraph (A), including the ‘‘(2) CONGESTION MITIGATION AND AIR QUAL- subparagraph (A) are— use of the courts to compel utility coopera- ITY IMPROVEMENT PROGRAM.— ‘‘(i) for fiscal year 1998, $25,000,000; tion; ‘‘(A) IN GENERAL.—For the congestion miti- ‘‘(ii) for fiscal year 1999, $50,000,000; (C) the prevalence and use of— gation and air quality improvement pro- ‘‘(iii) for fiscal year 2000, $75,000,000; (i) incentives to utility companies for gram, in the ratio that— ‘‘(iv) for fiscal year 2001, $75,000,000; early completion of utility relocations on ‘‘(i) the total of all weighted non-attain- ‘‘(v) for fiscal year 2002, $100,000,000; and Federal-aid transportation project sites; and ment area and maintenance area populations ‘‘(vi) for fiscal year 2003, $100,000,000.’’. (ii) penalties assessed on utility companies in each State; bears to (2) CONFORMING AMENDMENT.—Section for utility relocation delays on such ‘‘(ii) the total of all weighted non-attain- 104(b) of title 23, United States Code (as projects; ment area and maintenance area populations amended by section 1102(a)), is amended in (D) the extent to which States have used in all States. the matter preceding paragraph (1) by insert- available technologies, such as subsurface ‘‘(B) CALCULATION OF WEIGHTED NON-AT- ing ‘‘and section 202(d)(2)’’ after ‘‘(f)’’. utility engineering, early in the design of TAINMENT AREA AND MAINTENANCE AREA POPU- Federal-aid highway and bridge projects so LATION.—For the purpose of subparagraph AMENDMENTS NO. 1325 as to eliminate or reduce the need for or (A), the weighted nonattainment area and At the appropriate place, insert the fol- delays due to utility relocations; and maintenance area population shall be cal- lowing: (E)(i) whether individual States com- culated by multiplying the population of SEC. . FUNDING FOR INDIAN RURAL TRANSIT pensate transportation contractors for busi- each area in a State that is a nonattainment PROGRAM. ness costs incurred by the contractors when area designated under section 107(d) of the Section 5311 of title 49, United States Code, Federal-aid highway and bridge projects Clean Air Act (42 U.S.C. 7407(d)) or as a main- is amended by adding at the end the fol- under contract to the contractors are de- tenance area for ozone, carbon monoxide, or lowing: layed by delays caused by utility companies PM-10 by a factor of— ‘‘(k) INDIAN RURAL TRANSIT PROGRAM.— in utility relocations; and ‘‘(i) 1.0 if, at the time of the apportion- ‘‘(1) IN GENERAL.—Of amounts made avail- (ii) methods used by States in making any ment, the area is classified as a marginal able under section 5338(a) to carry out this such compensation. ozone nonattainment area, as a transitional section in each fiscal year, $10,000,000 shall (2) REPORT.—Not later than 1 year after ozone nonattainment area (within the mean- be available for grants to Indian tribes (as the date of the enactment of this Act, the ing of section 185A of the Clean Air Act (42 that term is defined in section 4(e) of the In- Comptroller General shall submit to Con- U.S.C. 7511e)), or as a maintenance area for dian Self-Determination and Education As- gress a report on the results of the study, in- any pollutant under part D of title I of the sistance Act (25 U.S.C. 450b(e))) in accord- cluding any recommendations that the Clean Air Act (42 U.S.C. 7501 et seq.); ance with this section for transportation Comptroller General determines to be appro- ‘‘(ii) 1.1 if, at the time of the apportion- projects in areas other than urbanized areas. priate as a result of the study. ‘‘(2) FORMULA ALLOCATION.—Amounts made ment, the area is classified as a moderate ozone nonattainment area, a moderate car- available under paragraph (1) shall be allo- AMENDMENT NO. 1330 cated among Indian tribes— bon monoxide nonattainment area with a de- sign value of 12.7 parts per million or less at On page 85, between lines 18 and 19, insert ‘‘(A) with respect to fiscal years 1998 and the following: 1999, by the Administrator of the Federal the time of classification, or a moderate PM– (d) EVALUATION OF PROCUREMENT PRAC- Transit Administration; and 10 nonattainment area, under the part; TICES AND PROJECT DELIVERY.— ‘‘(B) with respect to each fiscal year there- ‘‘(iii) 1.2 if, at the time of the apportion- ment, the area is classified as a serious ozone (1) STUDY.—The Comptroller General shall after, in accordance with a formula, which conduct a study to assess— shall be established by the Secretary, in con- nonattainment area, or a moderate carbon monoxide nonattainment area with a design (A) the impact that a utility company’s sultation with Indian tribes, not later than failure to relocate its facilities in a timely October 1, 1999.’’. value greater than 12.7 parts per million at the time of classification, under that part; manner has on the delivery and cost of Fed- eral-aid highway and bridge projects; AMENDMENT NO. 1326 ‘‘(iv) 1.3 if, at the time of the apportion- ment, the area is classified as a severe ozone (B) methods States use to mitigate delays On page 54, between lines 2 and 3, insert nonattainment area, a serious carbon mon- described in subparagraph (A), including the the following: oxide nonattainment area, or a serious PM– use of the courts to compel utility coopera- (d) ALLOCATION FOR INTERTRIBAL TRANS- 10 nonattainment area, under that part; or tion; PORTATION ASSOCIATION.—Section 202(d) of ‘‘(v) 1.4 if, at the time of the apportion- (C) the prevalence and use of— title 23, United States Code, is amended— ment, the area is classified as an extreme (i) incentives to utility companies for (1) by striking ‘‘(d) On’’ and inserting the ozone nonattainment area under that part. early completion of utility relocations on following: ‘‘(C) MINIMUM APPORTIONMENT.—Notwith- Federal-aid transportation project sites; and ‘‘(d) INDIAN RESERVATION ROADS.— standing any other provision of this para- (ii) penalties assessed on utility companies ‘‘(1) IN GENERAL.—On’’; graph, each State shall receive a minimum for utility relocation delays on such (2) in paragraph (1) (as designated by sub- projects; of 1⁄2 of 1 percent of the funds apportioned paragraph (A)), by striking ’’the Secretary (D) the extent to which States have used shall allocate’’ and inserting ‘‘after making under this paragraph. ‘‘(D) DETERMINATIONS OF POPULATION.—In available technologies, such as subsurface the allocation authorized by paragraph (2), utility engineering, early in the design of the Secretary shall allocate the remainder determining population figures for the pur- poses of this paragraph, the Secretary shall Federal-aid highway and bridge projects so of’’; and as to eliminate or reduce the need for or (3) by adding at the end the following: use the latest available annual estimates prepared by the Secretary of Commerce. delays due to utility relocations; and ‘‘(2) ALLOCATION FOR INTERTRIBAL TRANS- (E)(i) whether individual States com- ‘‘(E) DEFINITION OF PM–10.—In this para- PORTATION ASSOCIATION.—For each fiscal graph, the term ‘PM–10’ means particulate pensate transportation contractors for busi- year, the Secretary shall allocate $300,000 of ness costs incurred by the contractors when the sums described in paragraph (1) to the matter with an aerodynamic diameter small- er than or equal to 10 microns. Federal-aid highway and bridge projects Intertribal Transportation Association.’’. under contract to the contractors are de- layed by delays caused by utility companies AMENDMENT NO. 1327 TORRICELLI AMENDMENTS NOS. in utility relocations; and On page 127, strike line 8 and insert the fol- 1329–1330 (ii) methods used by States in making any lowing: bridges that— (Ordered to lie on the table.) such compensation. ‘‘(A) provides for the allocation of funds re- (2) REPORT.—Not later than 1 year after served under paragraph (2) in accordance Mr. TORRICELLI submitted two the date of the enactment of this Act, the with the priorities established by the Bureau amendments intended to be proposed Comptroller General shall submit to Con- of Indian Affairs through application of the by him to the bill, S. 1173, supra; as fol- gress a report on the results of the study, in- National Bridge Inspection Standards; and lows: cluding any recommendations that the

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10964 CONGRESSIONAL RECORD — SENATE October 22, 1997 Comptroller General determines to be appro- striking ‘‘sold, leased, or’’ and inserting (2) improve the driving performance of priate as a result of the study. ‘‘sold or’’; and those drivers. (F) by adding at the end the following: (c) GRANTS.—An eligible entity may sub- ‘‘(2) PROGRAM.— mit an application, in such form and manner McCAIN AMENDMENTS NOS. 1331– ‘‘(A) IN GENERAL.—The Secretary shall as the Secretary may prescribe for a grant 1332 carry out a program for construction of ferry award to conduct a demonstration project (Ordered to lie on the table.) boats and ferry terminal facilities in accord- under the demonstration program under this Mr. MCCAIN submitted two amend- ance with paragraph (1). section. (d) DEMONSTRATION PROJECT.—A dem- ments intended to be proposed by him ‘‘(B) FEDERAL SHARE.—The Federal share of the cost of construction of a ferry boat or onstration project conducted under this sec- to amendment No. 1319 proposed by Mr. ferry terminal facility using funds made tion— ROTH to the bill, S. 1173, supra; as fol- available under subparagraph (C) shall be 80 (1) shall be designed to carry out the pur- lows: percent. poses specified in subsection (b); and AMENDMENT NO. 1331 ‘‘(C) AUTHORIZATION OF CONTRACT AUTHOR- (2)(A) may include the development and implementation of a comprehensive ap- In the matter added by Amendment No. ITY.— proach to— 1319, strike Sections X002(a)(1)(C), (a)(2), ‘‘(i) IN GENERAL.—There shall be available (i) the licensing of younger drivers (includ- (a)(3), (a)(4), (a)(5), and (c), and renumber the from the Highway Trust Fund (other than ing graduated licensing); or sections accordingly. the Mass Transit Account) for obligation at the discretion of the Secretary in carrying (ii) the education of younger drivers; or AMENDMENT NO. 1332 out this paragraph $18,000,000 for each of fis- (B) may address specific driving behaviors Strike Sections X002(a)(1)(C), (a)(2), (a)(3), cal years 1998 through 2000. (including seat belt use, or impaired driving (a)(4), (a)(5), and (c), and renumber the sec- ‘‘(ii) AVAILABILITY.—Amounts made avail- or any other risky driving behavior). tions accordingly. able under this subparagraph shall remain (e) REPORTS.— available until expended.’’. (1) IN GENERAL.—Upon completion of a demonstration project under this section, McCAIN AMENDMENT NO. 1333 (2) STUDY.— (A) IN GENERAL.—The Secretary shall con- the grant recipient shall submit to the Sec- (Ordered to lie on the table.) duct a study of ferry transportation in the retary a report that includes the findings of Mr. MCCAIN submitted an amend- United States and the possessions of the the grant recipient with respect to results of ment intended to be proposed by him United States— the demonstration project, together with to the bill, S. 1173, supra; as follows: (i) to identify ferry operations in existence any recommendations of the grant recipient as of the date of the study, including— relating to those results. At the appropriate place in the bill, add (I) the locations and routes served; and (2) DISTRIBUTION OF INFORMATION.—The the following new section: (II) the source and amount, if any, of funds Secretary shall ensure that, to the maximum ‘‘SEC. . Notwithstanding any other provi- derived from Federal, State, or local govern- extent practicable, the information con- sion of law, existing provisions in the Inter- ment sources that support ferry operations; tained in the reports submitted under this nal Revenue Code of 1986 relating to ethanol and subsection is distributed to appropriate enti- fuels may not be extended beyond the peri- (ii) to identify potential domestic ferry ties. ods specified in the Code, as in effect prior to routes in the United States and possessions (f) AUTHORIZATION OF CONTRACT AUTHOR- the date of enactment of this Act.’’ of the United States and to develop informa- ITY.— tion on the routes. (1) IN GENERAL.—There shall be available McCAIN AMENDMENT NO. 1334 (B) REPORT.—The Secretary shall submit a from the Highway Trust Fund (other than the Mass Transit Account) to carry out this (Ordered to lie on the table.) report on the results of the study under sub- paragraph (A) to the Committee on Com- section, $500,000 for each of fiscal years 1998 Mr. MCCAIN submitted an amend- merce, Science, and Transportation of the through 2000. ment intended to be proposed by him Senate and the Committee on Transpor- (2) AVAILABILITY OF FUNDS.—Funds made to amendment No. 1319 proposed by Mr. tation and Infrastructure of the House of available under this subsection shall remain ROTH to the bill, S. 1173, supra; as fol- Representatives. available until expended. lows: (3) CONTRACT AUTHORITY.—Subject to para- AMENDMENT NO. 1336 graph (2), funds authorized under this sub- At the end of the amendment, add the fol- section shall be available for obligation in On page 309, between lines 3 and 4, insert lowing new section: the same manner as if those funds were ap- the following: ‘‘SEC. X008. Notwithstanding any other portioned under chapter 1 of title 23, United provision of law, existing provisions in the SEC. 18ll. FUNDING TRANSFER. States Code. Internal Revenue Code of 1986 relating to The Intermodal Surface Transportation Ef- SEC. 14ll. AGGRESSIVE DRIVER COUNTER- ethanol fuels may not be extended beyond ficiency Act of 1991 is amended— MEASURE DEVELOPMENT PRO- the periods specified in the Code, as in effect (1) in the table contained in section 1103(b) GRAM. prior to the date of enactment of this Act.’’ (105 Stat. 2027), in item 9, by striking ‘‘32.1’’ (a) DEFINITIONS.—In this section: and inserting ‘‘25.1’’; and (1) LARGE METROPOLITAN AREA.—The term SNOWE AMENDMENTS NOS. 1335– (2) in the table contained in section 1104(b) ‘‘large metropolitan area’’ means a metro- (105 Stat. 2029)— 1336 politan area that is identified by the Admin- (A) in item 27, by striking ‘‘10.5’’ and in- istrator of the Federal Highway Administra- (Ordered to lie on the table.) serting ‘‘12.5’’; and tion as being 1 of the 27 metropolitan areas Ms. SNOWE submitted two amend- (B) in item 44, by striking ‘‘10.0’’ and in- in the United States with the greatest degree ments intended to be proposed by her serting ‘‘15.0’’. of traffic congestion. At the appropriate place in subtitle D of to the bill, S. 1173, supra; as follows: (2) METROPOLITAN AREA.—The term ‘‘met- title I, insert the following: ropolitan area’’ means an area that contains AMENDMENT NO. 1335 SEC. 14ll. YOUNGER DRIVER SAFETY DEVELOP- a core population and surrounding commu- On page 176, strike lines 3 through 5 and in- MENT DEMONSTRATION PROGRAM. nities that have a significant degree of eco- sert the following: (a) DEFINITIONS.—In this section: nomic and social integration with that core (a) IN GENERAL.— (1) ELIGIBLE ENTITY.—The term ‘‘eligible population (as determined by the Secretary). (1) PROGRAM.—Section 129(c) of title 23, entity’’ means— (3) SMALL METROPOLITAN AREA.—The term United States Code, is amended— (A) a State or unit of local government; or ‘‘small metropolitan area’’ means a metro- (A) by inserting ‘‘in accordance with para- (B) a nonprofit organization. politan area with a population of— graph (2) and sections 103, 133, and 149,’’ after (2) NONPROFIT ORGANIZATION.—The term (A) not less than 400,000 individuals; and ‘‘toll or free.’’; ‘‘nonprofit organization’’ means any organi- (B) not more than 1,000,000 individuals. (B) by redesignating paragraphs (1) zation described in section 501(c)(3) of the In- (b) GENERAL AUTHORITY.— through (6) as subparagraphs (A) through (F), ternal Revenue Code of 1986 that is exempt (1) IN GENERAL.—The Secretary shall carry respectively, and indenting appropriately; from taxation by reason of section 501(a) of out a demonstration program to conduct— (C) by striking ‘‘(e) Notwithstanding’’ and such Code. (A) 1 demonstration project in a large met- inserting the following: (3) YOUNGER DRIVER.—The term ‘‘younger ropolitan area; and ‘‘(c) CONSTRUCTION OF FERRY BOATS AND driver’’ means a driver of a motor vehicle (B) 1 demonstration project in a small met- FERRY TERMINAL FACILITIES.— who has attained the age of 15, but has not ropolitan area. ‘‘(1) IN GENERAL.—Notwithstanding’’; attained the age of 21. (2) DEMONSTRATION PROJECTS.—Each dem- (D) in subparagraph (C) (as redesignated by (b) GENERAL AUTHORITY.—The Secretary onstration project described in paragraph subparagraph (B)), by inserting ‘‘or oper- shall conduct a demonstration program to, (1)— ated’’ before the period at the end; with respect to younger drivers— (A) shall identify effective and innovative (E) in the first sentence of subparagraph (1) reduce traffic fatalities and injuries enforcement and education techniques to re- (F) (as redesignated by subparagraph (B)), by among those drivers; and duce aggressive driving; and

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(B) may— apportioned under chapter 1 of title 23, ‘‘(2) FUNDING.— (i) investigate the use of new law enforce- United States Code. ‘‘(A) IN GENERAL.—From funds made avail- ment technologies to reduce aggressive driv- able to carry out this title that are associ- ing; ABRAHAM (AND LEVIN) ated with the Interstate System, the Sec- (ii) study the needs of prosecutors and AMENDMENT NO. 1338 retary may make available to carry out this other elements of the judicial system in ad- subsection not to exceed $16,000,000 for each dressing the problem of aggressive driving; (Ordered to lie on the table.) of fiscal years 1998 through 2003. and Mr. ABRAHAM (for himself and Mr. ‘‘(B) AVAILABILITY.—Funds made available (iii) study the need for proposed legisla- LEVIN) submitted an amendment in- under subparagraph (A) shall remain avail- tion. tended to be proposed by them to the able until expended.’’. (c) GRANTS.— (1) IN GENERAL.—A State may submit an bill, S. 1173, supra; as follows: AMENDMENT NO. 1341 application, in such form and manner as the On page 139, line 22, insert ‘‘or a unit of On page 269, line 2, insert ‘‘(a) IN GEN- Secretary may prescribe, for a grant award local government in the State’’ after ERAL.—’’ before ‘‘Section’’. to conduct a demonstration project under ‘‘State’’. On page 278, between lines 14 and 15, insert the demonstration program under this sec- the following: tion. MURKOWSKI (AND STEVENS) (b) REDUNDANT METROPOLITAN TRANSPOR- (2) GEOGRAPHIC DIVERSITY.—In awarding AMENDMENTS NOS. 1339–1343 TATION PLANNING REQUIREMENTS.— grants under this subsection, the Secretary (1) FINDING.—Congress finds that the major shall provide for geographic diversity with (Ordered to lie on the table.) investment study requirements under sec- respect to the metropolitan areas selected, Mr. MURKOWSKI (for himself and tion 450.318 of title 23, Code of Federal Regu- to take into account variations in traffic Mr. STEVENS) submitted five amend- lations, are redundant to the planning and patterns and law enforcement practices. ments intended to be proposed by them project development processes required (3) GRANT AGREEMENTS.—As a condition to to the bill, S. 1173, supra; as follows: under other titles 23 and 49, United States receiving a grant under this section, each Code. State that is selected to be a grant recipient AMENDMENT NO. 1339 (2) STREAMLINING.— under this section shall be required to meet On page 176, strike lines 3 through 5 and in- (A) IN GENERAL.—The Secretary shall the requirements of a grant agreement that sert the following: streamline the Federal transportation plan- the Secretary shall offer to enter into with (a) IN GENERAL.—Section 129(c) of title 23, ning and NEPA decision process require- the appropriate official of the State. The United States Code, is amended— ments for all transportation improvements grant agreement shall specify that the grant (1) by striking ‘‘may’’ and inserting supported with Federal surface transpor- recipient shall submit to the Secretary such ‘‘shall’’; tation funds or requiring Federal approvals, reports on the demonstration project con- (2) by inserting ‘‘in accordance with sec- with the objective of reducing the number of ducted by the grant recipient as the Sec- tions 103, 133, and 149,’’ after ‘‘toll or free,’’; documents required and better integrating retary determines to be necessary. (3) by redesignating paragraphs (1) through required analyses and findings wherever pos- (d) DEMONSTRATION PROJECT.—A dem- (6) as subparagraphs (A) through (F), respec- sible. onstration project conducted under this sec- tively, and indenting appropriately; (C) REQUIREMENTS.—The Secretary shall tion shall be designed to carry out 1 or more (4) by striking ‘‘(c) Notwithstanding’’ and amend regulations as appropriate and de- of the activities described in subsection (b). inserting the following: velop procedures to— (e) DISTRIBUTION OF INFORMATION.— (i) eliminate, effective as of the date of en- ‘‘(c) CONSTRUCTION OF FERRY BOATS AND (1) EVALUATION AND REPORT.—Upon comple- actment of this section, the major invest- TERMINAL FACILITIES.— tion of the demonstration projects conducted ment study under section 450.318 of title 23, ‘‘(1) IN GENERAL.—Notwithstanding’’; and under the demonstration program under this (5) by adding at the end the following: Code of Federal Regulations, as a stand- section, the Secretary shall— alone requirement independent of other ‘‘(2) FEDERAL SHARE.—The Federal share of (A) conduct an evaluation of the results of the cost of construction of a ferry boat or transportation planning requirements; those projects; and (ii) eliminate stand-alone report require- terminal facility using funds made available (B) prepare a report that contains the find- ments wherever possible; under paragraph (3) shall be 80 percent. ings of the evaluation, including such rec- (iii) prevent duplication by integrating ‘‘(3) FUNDING.— ommendations concerning addressing the in- planning and transportation NEPA processes ‘‘(A) IN GENERAL.—There shall be available cidence and causes of aggressive driving as by drawing on the products of the planning from the Highway Trust Fund (other than the Secretary determines to be appropriate. process in the completion of all environ- the Mass Transit Account), for obligation at (2) DISTRIBUTION.— mental and other project development anal- the discretion of the Secretary in carrying (A) IN GENERAL.—The Secretary shall en- yses; out this subsection $18,000,000 for each of fis- sure, to the maximum extent practicable, (iv) reduce project development time by cal years 1998 through 2003. that the information contained in the re- achieving to the maximum extent practical ‘‘(B) AVAILABILITY.—Funds made available ports submitted under this subsection is dis- a single public interest decision process for under subparagraph (A) shall remain avail- tributed to appropriate entities, including Federal environmental analyses and clear- able until expended. law enforcement agencies. ances; and ‘‘(4) APPLICABILITY OF OTHER PROVISIONS OF (B) PUBLIC INFORMATION AND EDUCATION (v) expedite and support all phases of deci- THIS CHAPTER.—All provisions of this chapter CAMPAIGN.—In conjunction with carrying out sionmaking by encouraging and facilitating that are applicable to the National Highway the demonstration program under this sec- the early involvement of metropolitan plan- System, other than provisions relating to tion, the Secretary shall develop a com- ning organizations, State departments of the apportionment formula and Federal prehensive public information and education transportation, transit operators, and Fed- share, shall apply to funds made available campaign to address aggressive driving be- eral and State environmental resource and under paragraph (3), except as determined by havior. The program shall include print, permit agencies throughout the decision- the Secretary to be inconsistent with this radio, and television public service an- making process. subsection.’’. nouncements that highlight law enforcement activities and public participation in ad- AMENDMENT NO. 1342 AMENDMENT NO. 1340 dressing the problem of aggressive driving On page 191, line 12, strike the semicolon behavior. At the end of subtitle A of title I, add the at the end and insert ‘‘, except that if the (f) AUTHORIZATION OF CONTRACT AUTHOR- following: State has a higher Federal share payable ITY.— SEC. 11 . NATIONAL DEFENSE HIGHWAYS OUT- under section 120(b) of title 23, United States (1) IN GENERAL.—There shall be available SIDE THE UNITED STATES. Code, the State shall be required to con- from the Highway Trust Fund (other than Section 311 of title 23, United States Code, tribute only an amount commensurate with the Mass Transit Account) to carry out this is amended— the higher Federal share;’’. section, $500,000 for each of fiscal years 1998 (1) by inserting ‘‘(a) IN GENERAL.—’’ before through 1999 (of which not more than $165,000 ‘‘Funds’’; and AMENDMENT NO. 1343 may be used by the Secretary to carry out (2) by adding at the end the following: On page 52, line 10, strike ‘‘reservations.’’ subsection (e)) and $500,000 for fiscal year ‘‘(b) NATIONAL DEFENSE HIGHWAYS OUTSIDE and insert ‘‘reservations, and in the case of 2000 (of which not more than $200,000 may be THE UNITED STATES.— Indian reservation roads and transit facili- used to carry out subsection (e)). ‘‘(1) RECONSTRUCTION PROJECTS.—If the ties, to pay for the costs of maintenance of (2) AVAILABILITY OF FUNDS.—Funds made Secretary determines, after consultation the Indian reservation roads and transit fa- available under this subsection shall remain with the Secretary of Defense, that a high- cilities.’’. available until expended. way, or a portion of a highway, located out- (3) CONTRACT AUTHORITY.—Subject to para- side the United States is important to the HATCH (AND BENNETT) graphs (1) and (2), funds authorized under national defense, the Secretary may carry this subsection shall be available for obliga- out a project for reconstruction of the high- AMENDMENT NO. 1344 tion in the same manner as if the funds were way or portion of highway. (Ordered to lie on the table.)

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10966 CONGRESSIONAL RECORD — SENATE October 22, 1997 Mr. HATCH (for himself and Mr. BEN- (2) FEDERAL SHARE.—The Federal share of ance under this section only if it is housing NETT) submitted an amendment in- the cost of a project assisted under this sub- a venue that is part of an international tended to be proposed by them to the section shall not exceed 80 percent. quadrennial Olympics that is officially se- bill, S. 1173, supra; as follows: (f) ELIGIBLE GOVERNMENTS.—A State or lected by the International Olympic Com- local government shall be eligible to receive mittee. On page 144, strike line 5 and insert the fol- assistance under this section only if the gov- (g) AIRPORT DEVELOPMENT PROJECTS.— lowing: the’’ and inserting ‘‘The’’. ernment is hosting a venue that is part of an (1) AIRPORT DEVELOPMENT DEFINED.—Sec- SEC. 1206A. WAIVER FOR HIGH-ALTITUDE, EXTER- international quadrennial Olympics that is tion 47102(3) of title 49, United States Code, NAL-LOAD HOIST RESCUES. officially selected by the International is amended by adding at the end the fol- The Secretary, acting through the Admin- Olympic Committee. lowing: istrator of the Federal Aviation Administra- (g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(H) Developing, in coordination with tion, shall waive any regulation of the Fed- There are authorized to be appropriated from State and local transportation agencies, eral Aviation Administration that prohibits the Highway Trust Fund (other than the intermodal transportation plans necessary the use of an Agusta A 109K2 helicopter by Mass Transit Account) to carry out this sec- for Olympic-related projects at an airport.’’. an entity that is not a public service agency tion such suns as are necessary for each of (2) DISCRETIONARY GRANTS.—Section (as that term is defined by the Adminis- fiscal years 1998 through 2003. 47115(d) of title 49, United States Code, is trator) to execute a high-altitude, external- amended— load rescue with such a helicopter if the Sec- AMENDMENT NO. 1346 (A) by striking ‘‘and’’ at the end of para- retary, acting through the Administrator, graph (5); At the appropriate place, insert the fol- determines that the entity— (B) by striking the period at the end of lowing: (1) has sufficient expertise to execute such paragraph (6) and inserting ‘‘; and’’; and a rescue; and SEC. . TRANSPORTATION ASSISTANCE FOR (C) by adding at the end the following: (2) is implementing sufficient safety meas- OLYMPIC CITIES. ‘‘(7) the need for the project in order to ures. (A) PURPOSE.—The purpose of this section meet the unique demands of hosting inter- is to provide assistance and support to State national quadrennial Olympic events.’’. BENNETT AMENDMENTS NOS. 1345– and local efforts on surface and aviation-re- (h) AUTHORIZATION OF APPROPRIATIONS.— 1346 lated transportation issues necessary to ob- There is authorized to be appropriated to tain the national recognition and economic carry out this section such sums as may be (Ordered to lie on the table.) benefits of participation in the International necessary for each of fiscal years 1998 Mr. BENNETT submitted two amend- Olympic movement by hosting international through 2003. ments intended to be proposed by him quadrennial Olympic events in the United States. to the bill, S. 1173, supra; as follows: THOMAS AMENDMENTS NOS. 1347– (b) PRIORITY FOR TRANSPORTATION AMENDMENT NO. 1345 PROJECTS RELATED TO OLYMPIC EVENTS.— 1350 At the end of subtitle A of title I, add the Notwithstanding any other provision of law, (Ordered to lie on the table.) following: the Secretary of Transportation shall give Mr. THOMAS submitted four amend- SEC. 11 . TRANSPORTATION ASSISTANCE FOR priority to funding for a mass transportation OLYMPIC CITIES. ments intended to be proposed by him project related to an Olympic event from the to the bill, S. 1173, supra; as follows: (a) PURPOSE.—The purpose of this section Mass Transit Account of the Highway Trust is to authorize the provision of assistance Fund available to carry out 1 or more of sec- AMENDMENT NO. 1347 for, and support of, State and local efforts tions 5307, 5309, and 5326 of title 49, United At the appropriate place, insert the fol- concerning surface transportation issues States Code, if the project meets the extraor- lowing: necessary to obtain the national recognition dinary needs associated with an inter- SEC. . MINIMUM GUARANTEE OF TRANSIT PRO- and economic benefits of participation in the national quadrennial Olympic event and if GRAM FUNDS. International Olympic movement by hosting the project is otherwise eligible for assist- Section 5338 of title 49, United States Code, international quadrennial Olympic events in ance under the section at issue. For purposes is amended by adding at the end the fol- the United States. of determining the non-Federal share of a lowing: (b) PRIORITY FOR TRANSPORTATION project funded under this subsection, high- ‘‘(o) MINIMUM GUARANTEE OF TRANSIT PRO- PROJECTS RELATING TO OLYMPIC EVENTS.— way and transit projects shall be considered GRAM FUNDS. Notwithstanding any other provision of law, to be a program of projects. ‘‘(1) SET-ASIDE REQUIRED.—For each fiscal from funds available to carry out section (c) TRANSPORTATION PLANNING ACTIVI- year beginning after September 30, 1997, after 104(k) of title 23, United States Code, the TIES.—The Secretary may participate in providing for any allocation or set-asides Secretary may give priority to funding for a planning activities of States and Metropoli- under subsection (g) or (h), but before com- transportation project relating to an inter- tan planning organizations and sponsors of pleting distribution of other amounts made national quadrennial Olympic event if— transportation projects related to an inter- available or appropriated under subsections (1) the project meets the extraordinary national quadrennial Olympic event under (a) and (b), the Secretary shall set aside, and needs associated with an international quad- sections 5303 and 5305a of title 49, United shall make available to each State, in addi- rennial Olympic event; and tion to amounts otherwise made available to (2) the project is otherwise eligible for as- States Code, and in developing intermodal the State (or to its political subdivisions) to sistance under section 104(k) of that title. transportation plans necessary for such carry out sections 5307, 5309, 5310, and 5311, (c) TRANSPORTATION PLANNING ACTIVI- projects in coordination with State and local the amount calculated under paragraph TIES.—The Secretary may participate in— transportation agencies. (1) planning activities of States and metro- (d) USE OF ADMINISTRATIVE EXPENSES.— (2)(B). politan planning organizations and transpor- The Secretary may provide assistance from ‘‘(2) CALCULATION.— tation projects relating to an international funds deducted under section 104(a) of title ‘‘(A) DEFINITION OF MINIMUM GUARANTEE quadrennial Olympic event under sections 23, United States Code, for the development THRESHOLD AMOUNT.—In this subsection, the 134 and 135 of title 23, United States Code; of an Olympics transportation management term ‘minimum guarantee threshold and plan in cooperation with an Olympic Orga- amount’ means, with respect to a State for a (2) developing intermodal transportation nizing Committee responsible for hosting, fiscal year, the amount equal to the product plans necessary for the projects in coordina- and State and local communities affected by, of— tion with State and local transportation an international quadrennial Olympic event. ‘‘(i) total amount made available to all agencies. (e) TRANSPORTATION PROJECTS RELATED TO States and political subdivisions under sec- (d) USE OF ADMINISTRATIVE EXPENSES.— OLYMPIC EVENTS.— tions 5307, 5309, 5310, and 5311 for that fiscal From funds deducted under section 104(a) of (1) GENERAL AUTHORITY.—The Secretary year; multiplied by title 23, United States Code, the Secretary may provide assistance to States and local ‘‘(ii) 70 percent of the State’s percentage may provide assistance for the development governments in carrying out transportation contribution to the estimated tax payments of an Olympics transportation management projects related to an international quadren- attributable to highway users in all States plan in cooperation with an Olympic Orga- nial Olympic event. Such assistance may in- and allocated to the Mass Transit Account nizing Committee responsible for hosting, clude planning, capital, and operating assist- under section 9503(e) of the Internal Revenue and State and local communities affected by, ance. Code of 1986 in the latest fiscal year for an international quadrennial Olympic event. (2) FEDERAL SHARE.—The Federal share of which data are available. (e) TRANSPORTATION PROJECTS RELATING TO the costs of projects assisted under this sub- ‘‘(B) CALCULATION.—Subject to subpara- OLYMPIC EVENTS.— section shall not exceed 80 percent. For pur- graph (C) and any other limitations set forth (1) IN GENERAL.—The Secretary may pro- poses of determining the non-Federal share in this subsection, the amount required to be vide assistance, including planning, capital, of a project assisted under this subsection, provided to a State under this subsection is and operating assistance, to States and local highway and transit projects shall be consid- the amount, if it is a positive number, that, governments in carrying out transportation ered to be a program of projects. if added to the total amount made available projects relating to an international quad- (f) ELIGIBLE GOVERNMENTS.—A State or to the State (and its political subdivisions) rennial Olympic event. local government is eligible to receive assist- under sections 5307, 5309, 5310, and 5311 for

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that fiscal year, is equal to the minimum ‘‘(6) TREATMENT OF CERTAIN AMOUNTS.—For (c) DATE OF COMPLETION.—The Adminis- guarantee threshold amount. purposes of sections 5323(a)(1)(D) and 5333(b), trator shall complete the research program ‘‘(C) LIMITATION.—The maximum amount amounts made available to a State under under subsection (b) of this section not later made available to a State under this sub- this subsection that are, in turn, awarded by than 3 years after the enactment of this Act. section shall not exceed $12,500,000. the State to subgrantees, shall be treated as ‘‘(3) SOURCE OF FUNDS.— if apportioned— AMENDMENT NO. 1350 ‘‘(A) IN GENERAL.—Amounts required to be ‘‘(A) under section 5311, if the subgrantee is On page 54, between lines 2 and 3, insert set aside and made available to States under not serving an urbanized area; and the following: this subsection— ‘‘(B) directly to the subgrantee under sec- (d) ADDITIONAL FUNDING FOR PARK ROADS ‘‘(i) may be obtained from any amounts tion 5307, if the subgrantee serves an urban- AND PARKWAYS.— under section 5309 that are made available to ized area.’’. (1) IN GENERAL.—Section 202(c) of title 23, the Secretary for distribution at the Sec- United States Code, is amended— retary’s discretion; or AMENDMENT NO. 1348 (A) by striking ‘‘(c) On’’ and inserting the ‘‘(ii) if not, shall be obtained by propor- Strike Section 1125 of the Committee following: tionately reducing amounts which would Amendment and insert in lieu thereof the ‘‘(c) PARK ROADS AND PARKWAYS.— otherwise be made available under sub- following new section: ‘‘(1) IN GENERAL.—On’’; sections (a) and (b), for sections 5307, 5309, SEC. 1125. AMENDMENT TO 23 U.S.C. § 302. (B) in paragraph (1) (as so designated), by 5310, and 5311, to those States and political Section 302 of Title 23 United States Code inserting ‘‘, and the amount set aside under subdivisions for which the amount made is amended to read: paragraph (2),’’ after ‘‘appropriated’’; and available under sections 5307, 5309, 5310, and § 302. State highway department (C) by adding at the end the following: 5311 to the State (including political subdivi- (a) Any State desiring to avail itself of the ‘‘(2) SET-ASIDE.—For each of fiscal years sions thereof) is greater than the product 1998 through 2003, the Secretary shall set of— provisions of this title shall have a State highway department which shall have ade- aside from funds deducted under 104(a) ‘‘(I) total amount made available to all $50,000,000 for allocation in accordance with States and political subdivisions under sec- quate powers, and be suitably equipped and organized to discharge to the satisfaction of paragraph (1).’’. tions 5307, 5309, 5310, and 5311, in that fiscal (2) CONFORMING AMENDMENT.—Section year; multiplied by the Secretary the duties required by this title. Among other things, the organization 104(b) of title 23, United States Code (as ‘‘(II) the State’s percentage contribution amended by section 1102(a)), is amended in to the estimated tax payments attributable shall include a secondary road unit. In meet- ing the provisions of this subsection, a State the matter preceding paragraph (1) by insert- to highway users in all States and allocated ing ‘‘and section 202(c)(2)’’ after ‘‘(f)’’. to the Mass Transit Account under section shall rely on entities in the private enter- 9503(e) of the Internal Revenue Code of 1986 prise system—including but not limited to in the latest fiscal year for which data are commercial firms in architecture, engineer- HUTCHISON AMENDMENTS NO. available. ing, construction, surveying, mapping, lab- 1351–1354 oratory testing, and information tech- ‘‘(B) PROPORTIONATE REDUCTIONS.—The nology—to provide such goods and services (Ordered to lie on the table.) Secretary also shall apply reductions under Mrs. HUTCHISON submitted four subparagraph (A)(ii) proportionately to as are reasonably and expeditiously avail- amounts made available from the Mass Tran- able through ordinary business channels, and amendments intended to be proposed sit Account and to amounts made available shall not duplicate or compete with entities by her to the bill, S. 1173, supra; as fol- from other sources. in the private enterprise system. lows: (b) The Secretary shall promulgate regula- ‘‘(C) OTHER REDUCTIONS.— tions and procedures to inform each State AMENDMENT NO. 1351 ‘‘(i) IN GENERAL.—Reductions otherwise re- and any other agency that administers this On page 99, strike lines 22 through 25 and quired by subparagraph (A) may be taken insert the following: against the amounts that otherwise would be Act and each recipient of a grant or other Federal assistance of the requirements of ‘‘programs; made available to any State or political sub- ‘‘(J) other factors to promote transport ef- division thereof, only to the extent that subsection (a). (c) The State highway department may ar- ficiency and safety, as determined by the making those reductions would not reduce range with a county or group of counties for Secretary; and the total amount made available to the competent highway engineering personnel ‘‘(K) the ratio that the annual tonnage of State and its political subdivisions under suitably organized and equipped to the satis- commercial vehicle traffic at the border sta- sections 5307, 5309, 5310, and 5311 to less than faction of the State highway department, to tions or ports of entry in each State bears to the lesser of— the annual tonnage of commercial vehicle ‘‘(I) 90 percent of the total of those perform inherently governmental functions traffic at the border stations or ports of amounts made available to the State and its on a county-unit or group-unit basis, for the entry of all States.’’ political subdivisions in fiscal year 1997; or construction of projects on the Federal-aid ‘‘(II) the minimum guarantee threshold secondary system, financed with secondary AMENDMENT NO. 1352 amount for the State for the fiscal year at funds, and for the maintenance thereof. issue. On page 397, strike line 16 and insert the AMENDMENT NO. 1349 ‘‘(ii) PROPORTIONATE REDUCTIONS.—In the following: event of the applicability of clause (i), the At the appropriate place in the amend- ‘‘scribed in section 529. Secretary shall obtain the remainder of the ment, insert the following new section and ‘‘(3) CONTINUANCE OF PARTNERSHIP AGREE- amounts required to be made available to renumber any remaining sections accord- MENT.—Under the program, the Secretary States under the minimum guarantee re- ingly: shall continue in effect, at a funding level of quired by this subsection proportionately ‘‘SEC. . WASTE TIRE RECYCLING RESEARCH $1,300,000 for each of fiscal years 1998, 1998, from those States, including political sub- PROGRAM. and 2000, a public-private, multimodal part- divisions, to which subparagraph (A) applies, (a) RESEARCH GRANTS AND CONTRACTS.— nership agreement entered into by the Sec- and to which clause (i) of this subparagraph The Administrator may use funds to make a retary before the date of enactment of this does not apply. grant or enter into a contract or cooperative chapter providing for the integration of the agreement with a person to conduct research ‘‘(4) ATTRIBUTION OF AMOUNTS.—For the freeway arterial, transit, railroad, and emer- purposes of calculations under this sub- and development on— gency management components of surface (1) waste tire/waste oil processing and re- section, with respect to attributing to indi- transportation management system.’’ cycling technologies; or vidual States any amounts made available to (2) the use, performance, and market- AMENDMENT NO. 1353 political subdivisions that are multi-State ability of products made from carbonous ma- entities, the Secretary shall attribute those terials and oil products produced from waste On page 302, strike line 5 and insert the fol- amounts to individual States, based on such tire processing. lowing: criteria as the Secretary may adopt by rule, (b) RESEARCH PROGRAM.—The Adminis- (g) TOLL ROADS, BRIDGES, TUNNELS, AND except that, for purposes of calculations for trator shall conduct a program of research to FERRIES.—Section 129(a)(3) of title 23, United fiscal year 1998 only, the Secretary may at- determine— States Code, is amended— tribute those amounts to individual States (1) the public health and environmental (1) by striking ‘‘Before the Secretary’’ and before adopting a rule. risks associated with the production and use inserting the following: ‘‘(5) USE OF ADDITIONAL AMOUNTS.— of asphalt pavement containing tire-derived ‘‘(A) IN GENERAL.—Before the Secretary’’; Amounts made available to a State under carbonous asphalt modifiers; (2) by striking ‘‘If the State’’ and inserting this subsection may be used for any purpose (2) the performance of asphalt pavement the following: eligible for assistance under this chapter and containing tire-derived carbonous asphalt ‘‘(B) Exceptions.— up to 50 percent of the amount made avail- modifiers under various climate and use con- ‘‘(i) IN GENERAL.—If the State’’; and able to a State under this subsection for any ditions; and (3) by adding at the end the following: fiscal year may be used by the State for any (3) the degree to which asphalt pavement ‘‘(ii) TOLL FACILITIES FINANCED BY LOANS.— project or program eligible for assistance containing tire-derived carbonous asphalt In the case of a toll facility owned and oper- under title 23. modifiers can be recycled. ated by a local government that is financed

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10968 CONGRESSIONAL RECORD — SENATE October 22, 1997 by a loan to the local government under verely limiting its ability to cover operating sections of chapter 247 of such title, are re- paragraph (7), if the local government cer- costs and jeopardizing its long-term viabil- pealed. tifies annually that the tolled facility is ity; (f) CONFORMING AMENDMENT.—Section being adequately maintained, the limita- (3) immediate action is required to im- 24312(a)(1) of title 49, United States Code, is tions on the use of any toll revenues under prove Amtrak’s financial condition if Am- amended by striking ‘‘, 24701(a),’’. subparagraph (A) shall not apply.’’. trak is to survive; SEC. 102. MAIL, EXPRESS, AND AUTO-FERRY (h) RAILWAY-HIGHWAY CROSSINGS.—Section (4) all of Amtrak’s stakeholders, including TRANSPORTATION. 130(f) labor, management, and the Federal govern- (a) REPEAL.—Section 24306 of title 49, AMENDMENT NO. 1354 ment, must participate in efforts to reduce United States Code, is amended— (1) by striking the last sentence of sub- At the end of the bill, add the following: Amtrak’s costs and increase its revenues; (5) additional flexibility is needed to allow section (a); TITLE —AMTRAK REFORM AND Amtrak to operate in a businesslike manner (2) by striking subsection (b) and inserting ACCOUNTABILITY in order to manage costs and maximize reve- the following: SEC. 01. SHORT TITLE; TABLE OF SECTIONS. nues; ‘‘(b) AUTHORITY OF OTHERS TO PROVIDE (a) SHORT TITLE.—This title may be cited (6) Amtrak should ensure that new man- AUTO-FERRY TRANSPORTATION.—State and as the ‘‘Amtrak Reform and Accountability agement flexibility produces cost savings local laws and regulations that impair the Act of 1997’’. without compromising safety; provision of auto-ferry transportation do not (b) TABLE OF SECTIONS.—The table of sec- (7) Amtrak’s management should be held apply to Amtrak or a rail carrier providing tions for this title is as follows: accountable to ensure that all investment by auto-ferry transportation. A rail carrier may Sec. 01. Short title; table of sections. the Federal Government and State govern- not refuse to participate with Amtrak in Sec. 02. Findings. ments is used effectively to improve the providing auto-ferry transportation because Subtitle A—Reforms quality of service and the long-term finan- a State or local law or regulation makes the transportation unlawful.’’. PART 1—OPERATIONAL REFORMS cial health of Amtrak; (8) Amtrak and its employees should pro- SEC. 103. ROUTE AND SERVICE CRITERIA. Sec. 101. Basic system. ceed quickly with proposals to modify collec- Section 24703 of title 49, United State Code, Sec. 102. Mail, express, and auto-ferry tive bargaining agreements to make more ef- and the item relating thereto in the table of transportation. ficient use of manpower and to realize cost sections of chapter 247 of such title, are re- Sec. 103. Route and service criteria. pealed. Sec. 104. Additional qualifying routes. savings which are necessary to reduce Fed- Sec. 105. Transportation requested by eral financial assistance; SEC. 104. ADDITIONAL QUALIFYING ROUTES. States, authorities, and other (9) Amtrak and intercity bus service pro- Section 24705 of title 49, United State Code, persons. viders should work cooperatively and de- and the item relating thereto in the table of Sec. 106. Amtrak commuter. velop coordinated intermodal relationships sections of chapter 247 of such title, are re- Sec. 107. Through service in conjunction promoting seamless transportation services pealed. with intercity bus operations. which enhance travel options and increase SEC. 105. TRANSPORTATION REQUESTED BY Sec. 108. Rail and motor carrier passenger operating efficiencies; STATES, AUTHORITIES, AND OTHER service. (10) Amtrak’s Strategic Business Plan calls PERSONS. Sec. 109. Passenger choice. for the establishment of a dedicated source Section 24101(c)(2) of title 49, United States Sec. 110. Application of certain laws. of capital funding for Amtrak in order to en- Code, is amended by inserting ‘‘, separately sure that Amtrak will be able to fulfill the or in combination,’’ after ‘‘and the private PART 2—PROCUREMENT. goals of maintaining— sector’’. Sec. 121. Contracting out. (A) a national passenger rail system; and SEC. 106. AMTRAK COMMUTER. PART 3—Employee Protection Reforms (B) that system without Federal operating (a) REPEAL OF CHAPTER 245.—Chapter 245 of Sec. 141. Railway Labor Act Procedures. assistance; and title 49, United States Code, and the item re- Sec. 142. Service discontinuance. (11) Federal financial assistance to cover lating thereto in the table of chapters of sub- PART 4—USE OF RAILROAD FACILITIES operating losses incurred by Amtrak should title V of such title, are repealed. be eliminated by the year 2002. (B) CONFORMING AMENDMENT.—Section Sec. 161. Liability limitation. 24301(f) of title 49, United States Code, is Sec. 162. Retention of facilities. SUBTITLE A—REFORMS amended to read as follows: Subtitle B—Fiscal Accountability SUBTITLE A—OPERATIONAL REFORMS ‘‘(f) TAX EXEMPTION FOR CERTAIN COM- Sec. 201. Amtrak financial goals. SEC. 101. BASIC SYSTEM. MUTER AUTHORITIES.—A commuter authority Sec. 202. Independent assessment. (a) OPERATION OF BASIC SYSTEM.—Section that was eligible to make a contract with Sec. 203. Amtrak Reform Council. 24701 of title 49, United States Code, is Amtrak Commuter to provide commuter rail Sec. 204. Sunset trigger. amended to read as follows: passenger transportation but which decided Sec. 205. Access to records and accounts. ‘‘§ 24701. Operation of basic system to provide its own rail passenger transpor- Sec. 206. Officers’ pay. tation beginning January 1, 1983, is exempt, Sec. 207. Exemption from taxes. ‘‘Amtrak shall provide intercity rail pas- effective October 1, 1981, from paying a tax senger transportation within the basic sys- Subtitle C—Authorization of Appropriations or fee to the same extent Amtrak is ex- tem. Amtrak shall strive to operate as a na- Sec. 301. Authorization of appropriations. empt.’’. tional rail passenger transportation system (c) TRACKAGE RIGHTS NOT AFFECTED.—The Subtitle D—Miscellaneous which provides access to all areas of the repeal of chapter 245 of title 49, United Sec. 401. Status and applicable laws. country and ties together existing and emer- States Code, by subsection (a) of this section Sec. 402. Waste disposal. gent regional rail passenger corridors and is without prejudice to the retention of Sec. 403. Assistance for upgrading facili- other intermodal passenger service.’’. trackage rights over property owned or ties. (b) IMPROVING RAIL PASSENGER TRANSPOR- leased by commuter authorities. TATION.—Section 24702 of title 49, United Sec. 404. Demonstration of new technology. SEC. 107. THROUGH SERVICE IN CONJUNCTION Sec. 405. Program master plan for Boston- States Code, and the item relating thereto in WITH INTERCITY BUS OPERATIONS. New York main line. the table of sections of chapter 247 of such (a) IN GENERAL.—Section 24305(a) of title Sec. 406. Americans with Disabilities Act of title, are repealed. 49, United States Code, is amended by adding 1990. (c) DISCONTINUANCE.—Section 24706 of title at the end the following new paragraph: Sec. 407. Definitions. 49, United States Code, is amended— ‘‘(3)(A) Except as provided in subsection Sec. 408. Northeast Corridor cost dispute. (1) by striking ‘‘90 days’’ and inserting ‘‘180 (d)(2), Amtrak may enter into a contract Sec. 409. Inspector General Act of 1978 days’’ in subsection (a)(1); with a motor carrier of passengers for the amendment. (2) by striking ‘‘24707(a) or (b) of this intercity transportation of passengers by Sec. 410. Interstate rail compacts. title,’’ in subsection (a)(1) and inserting ‘‘dis- motor carrier over regular routes only— Sec. 411. Composition of Amtrak board of continuing service over a route,’’; ‘‘(i) if the motor carrier is not a public re- directors. (3) by inserting ‘‘or assume’’ after ‘‘agree cipient of governmental assistance, as such Sec. 412. Educational participation. to share’’ in subsection (a)(1); and term is defined in section 13902(b)(8)(A) of Sec. 413. Report to Congress on Amtrak (4) by striking ‘‘section 24707(a) or (b) of this title, other than a recipient of funds bankruptcy. this title’’ in subsections (a)(2) and (b)(1) and under section 5311 of this title; Sec. 414. Amtrak to notify Congress of lob- inserting ‘‘paragraph (1)’’. ‘‘(ii) for passengers who have had prior bying relationships. (d) COST AND PERFORMANCE REVIEW.—Sec- movement by rail or will have subsequent SEC. 02. FINDINGS. tion 24707 of title 49, United States Code, and movement by rail; and The Congress finds that— the item relating thereto in the table of sec- ‘‘(iii) if the buses, when used in the provi- (1) intercity rail passenger service is an es- tions of chapter 247 of such title, are re- sion of such transportation, are used exclu- sential component of a national intermodal pealed. sively for the transportation of passengers passenger transportation system; (e) SPECIAL COMMUTER TRANSPORTATION.— described in clause (ii). (2) Amtrak is facing a financial crisis, with Section 24708 of title 49, United States Code, ‘‘(B) Subparagraph (A) shall not apply to growing and substantial debt obligations se- and the item relating thereto in the table of transportation funded predominantly by a

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10969 State or local government, or to ticket sell- under this paragraph does not include the ployee protective arrangements and sever- ing agreements.’’. contracting out of work involving food and ance benefits which are applicable to em- (b) POLICY STATEMENT.—Section 24305(d) of beverage services provided on Amtrak trains ployees of Amtrak, including all provisions title 49, United States Code, is amended by or the contracting out of work not resulting of Appendix C–2 to the National Railroad adding at the end the following new para- in the layoff of Amtrak employees. Passenger Corporation Agreement, signed graph: (c) NATIONAL MEDIATION BOARD EFFORTS.— July 5, 1973, shall be deemed served and effec- ‘‘(3) Congress encourages Amtrak and Except as provided in subsection (d), the Na- tive on the date which is 45 days after the motor common carriers of passengers to use tional Mediation Board shall complete all ef- date of the enactment of this Act. Amtrak, the authority conferred in section 11342(a) of forts, with respect to the dispute described and each affected labor organization rep- this title for the purpose of providing im- in subsection (b), under section 5 of the Rail- resenting Amtrak employees, shall promptly proved service to the public and economy of way Labor Act (45 U.S.C. 155) not later than supply specific information and proposals operation.’’. 120 days after the date of the enactment of with respect to each such notice. this Act. (b) NATIONAL MEDIATION BOARD EFFORTS.— SEC. 108. RAIL AND MOTOR CARRIER PASSENGER Except as provided in subsection (c), the Na- SERVICE. (d) RAILWAY LABOR ACT ARBITRATION.—The tional Mediation Board shall complete all ef- (a) IN GENERAL.—Notwithstanding any parties to the dispute described in subsection forts, with respect to the dispute described other provision of law (other than section (b) may agree to submit the dispute to arbi- tration under section 7 of the Railway Labor in subsection (a), under section 5 of the Rail- 24305(a) of title 49, United States Code), Am- way Labor Act (45 U.S.C. 155) not later than trak and motor carriers of passengers are au- Act (45 U.S.C. 157), and any award resulting therefrom shall be retroactive to the date 120 days after the date of the enactment of thorized— this Act. which is 120 days after the date of the enact- (1) to combine or package their respective (c) RAILWAY LABOR ACT ARBITRATION.—The services and facilities to the public as a ment of this Act. parties to the dispute described in subsection ISPUTE RESOLUTION.— means of increasing revenues; and (e) D (a) may agree to submit the dispute to arbi- (1) With respect to the dispute described in (2) to coordinate schedules, routes, rates, tration under section 7 of the Railway Labor reservations, and ticketing to provide for en- subsection (b) which— Act (45 U.S.C. 157), and any award resulting (A) is unresolved as of the date which is 120 hanced intermodal surface transportation. therefrom shall be retroactive to the date (b) REVIEW.—The authority granted by sub- days after the date of the enactment of this which is 120 days after the date of the enact- section (a) is subject to review by the Sur- Act; and ment of this Act. face Transportation Board and may be modi- (B) is not submitted to arbitration as de- (d) DISPUTE RESOLUTION.— fied or revoked by the Board if modification scribed in subsection (d), (1) With respect to the dispute described in or revocation is in the public interest. Amtrak shall, and the labor organizations subsection (a) which SEC. 109. PASSENGER CHOICE. that are parties to such dispute shall, within (A) is unresolved as of the date which is 120 Federal employees are authorized to travel 127 days after the date of the enactment of days after the date of the enactment of this Act; and on Amtrak for official business where total this Act, each select an individual from the entire roster of arbitrators maintained by (B) is not submitted to arbitration as de- travel cost from office to office is competi- scribed in subsection (c), Amtrak shall, and tive on a total trip or time basis. the National Mediation Board. Within 134 days after the date of the enactment of this the labor organization parties to such dis- SEC. 110. APPLICATION OF CERTAIN LAWS. Act, the individuals selected under the pre- pute shall, within 127 days after the date of (a) APPLICATION OF FOIA.—Section 24301(e) ceding sentence shall jointly select an indi- the enactment of this Act, each select an in- of title 49, United States Code, is amended by vidual from such roster to make rec- dividual from the entire roster of arbitrators adding at the end thereof the following: ommendations with respect to such dispute maintained by the National Mediation ‘‘Section 552 of title 5, United States Code, Board. Within 134 days after the date of the under this subsection. If the National Medi- applies to Amtrak for any fiscal year in enactment of this Act, the individuals se- ation Board is not informed of the selection which Amtrak receives a Federal subsidy.’’. lected under the preceding sentence shall of the individual under the preceding sen- (b) APPLICATION OF FEDERAL PROPERTY AND jointly select an individual from such roster tence 134 days after the date of enactment of ADMINISTRATIVE SERVICES ACT.—Section to make recommendations with respect to this Act, the Board will immediately select 303B(m) of the Federal Property and Admin- such dispute under this subsection. If the Na- such individual. istrative Services Act of 1949 (41 U.S.C. tional Mediation Board is not informed of (2) No individual shall be selected under 3253b(m)) applies to a proposal in the posses- the selection under the preceding sentence paragraph (1) who is pecuniarily or otherwise sion or control of Amtrak. 134 days after the date of enactment of this interested in any organization of employees Act, the Board will immediately select such SUBTITLE B—PROCUREMENT or any railroad or who is selected pursuant individual. SEC. 121. CONTRACTING OUT. to section 141(d) of this Act. (2) No individual shall be selected under (a) CONTRACTING OUT REFORM.—Effective (3) This compensation of individuals se- paragraph (1) who is pecuniarily or otherwise 180 days after the date of enactment of this lected under paragraph (1) shall be fixed by interested in any organization of employees Act, section 24312 of title 49, United States the National Mediation Board. The second or any railroad or who is selected pursuant Code, is amended— paragraph of section 10 of the Railway Labor to section 121(e) of this Act. (1) by striking the paragraph designation Act (45 U.S.C. 160) shall apply to the ex- (3) The compensation of individuals se- for paragraph (1) of subsection (a); penses of such individuals as if such individ- lected under paragraph (1) shall be fixed by (2) by striking ‘‘(2)’’ in subsection (a)(2) uals were members of a board created under the National Mediation Board. The second and inserting ‘‘(b)’’; and such section 10. paragraph of section 10 of the Railway Labor (3) by striking subsection (b). (4) If the parties to a dispute described in Act shall apply to the expenses of such indi- The amendment made by paragraph (3) is subsection (b) fail to reach agreement within viduals as if such individuals were members without prejudice to the power of Amtrak to 150 days after the date of the enactment of of a board created under such section 10. (4) If the parties to a dispute described in contract out the provision of food and bev- this Act, the individual selected under para- subsection (a) fail to reach agreement within erage services on board Amtrak trains or to graph (1) with respect to such dispute shall 150 days after the date of the enactment of contract out work not resulting in the layoff make recommendations to the parties pro- this Act, the individual selected under para- of Amtrak employees. posing contract terms to resolve the dispute. (5) If the parties to a dispute described in graph (1) with respect to such dispute shall (b) NOTICES.—Notwithstanding any ar- make recommendations to the parties pro- rangement in effect before the date of the subsection (b) fail to reach agreement, no change shall be made by either of the parties posing contract terms to resolve the dispute. enactment of this Act, notices under section (5) If the parties to a dispute described in 6 of the Railway Labor Act (45 U.S.C. 156) in the conditions out of which the dispute arose for 30 days after recommendations are subsection (a) fail to reach agreement, no with respect to all issues relating to con- change shall be made by either of the parties tracting out by Amtrak of work normally made under paragraph (4). (6) Section 10 of the Railway Labor Act (45 in the conditions out of which the dispute performed by an employee in a bargaining U.S.C. 160) shall not apply to a dispute de- arose for 30 days after recommendations are unit covered by a contract between Amtrak scribed in subsection (b). made under paragraph (4). and a labor organization representing Am- (f) NO PRECEDENT FOR FREIGHT.—Nothing (6) Section 10 of the Railway Labor Act (45 trak employees, which are applicable to em- in this section shall be a precedent for the U.S.C. 160) shall not apply to a dispute de- ployees of Amtrak shall be deemed served resolution of any dispute between a freight scribed in subsection (a). and effective on the date which is 45 days railroad and any labor organization rep- SEC. 142. SERVICE DISCONTINUANCE. after the date of the enactment of this Act. resenting that railroad’s employees. (a) REPEAL.—Section 24706(c) of title 49, Amtrak, and each affected labor organiza- United States Code, is repealed. SUBTITLE C—EMPLOYEE PROTECTION REFORMS tion representing Amtrak employees, shall (b) EXISTING CONTRACTS.—Any provision of promptly supply specific information and SEC. 141. RAILWAY LABOR ACT PROCEDURES. a contract entered into before the date of the proposals with respect to each such notice. (a) NOTICES.—Notwithstanding any ar- enactment of this Act between Amtrak and a This subsection shall not apply to issues re- rangement in effect before the date of the labor organization representing Amtrak em- lating to provisions defining the scope or enactment of this Act, notices under section ployees relating to employee protective ar- classification of work performed by an Am- 6 of the Railway Labor Act (45 U.S.C. 156) rangements and severance benefits applica- trak employee. The issue for negotiation with respect to all issues relating to em- ble to employees of Amtrak is extinguished,

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10970 CONGRESSIONAL RECORD — SENATE October 22, 1997 including all provisions of Appendix C–2 to States Code, is amended by adding at the end SEC. 203. AMTRAK REFORM COUNCIL. the National Railroad Passenger Corporation the following new item: (a) ESTABLISHMENT.—There is established Agreement, signed July 5, 1973. ‘‘28103. Limitations on rail passenger trans- an independent commission to be known as (c) SPECIAL EFFECTIVE DATE.—Subsections portation liability.’’. the Amtrak Reform Council. (a) and (b) of this section shall take effect 180 (b) MEMBERSHIP.— SEC. 162. RETENTION OF FACILITIES. (1) IN GENERAL.—The Council shall consist days after the date of the enactment of this Section 24309(b) of title 49, United States of 11 members, as follows: Act. Code, is amended by inserting ‘‘or on Janu- (d) NONAPPLICATION OF BANKRUPTCY LAW (A) The Secretary of Transportation. ary 1, 1997,’’ after ‘‘1979,’’. PROVISION.—Section 1172(c) of title 11, United (B) Two individuals appointed by the Presi- States Code, shall not apply to Amtrak and SUBTITLE B—FISCAL ACCOUNTABILITY dent, of which— its employees. SEC. 201. AMTRAK FINANCIAL GOALS. (i) one shall be a representative of a rail SUBTITLE D—USE OF RAILROAD FACILITIES Section 24101(d) of title 49, United States labor organization; and Code, is amended by adding at the end there- (ii) one shall be a representative of rail SEC. 161. LIABILITY LIMITATION. management. (a) AMENDMENT.—Chapter 281 of title 49, of the following: ‘‘Amtrak shall prepare a fi- nancial plan to operate within the funding (C) Three individuals appointed by the Ma- United States Code, is amended by adding at jority Leader of the United States Senate. the end the following new section: levels authorized by section 24104 of this chapter, including budgetary goals for fiscal (D) One individual appointed by the Minor- ‘‘§ 28103. Limitations on rail passenger trans- years 1998 through 2002. Commencing no ity Leader of the United States Senate. portation liability later than the fiscal year following the fifth (E) Three individuals appointed by the ‘‘(a) LIMITATIONS.— anniversary of the Amtrak Reform and Ac- Speaker of the United States House of Rep- ‘‘(1) Notwithstanding any other statutory countability Act of 1997, Amtrak shall oper- resentatives. or common law or public policy, or the na- ate without Federal operating grant funds (F) One individual appointed by the Minor- ture of the conduct giving rise to damages or appropriated for its benefit.’’. ity Leader of the United States House of liability, a contract between Amtrak and its Representatives. SEC. 202. INDEPENDENT ASSESSMENT. passengers or private railroad car operators (2) APPOINTMENT CRITERIA.— and their passengers regarding claims for (a) INITIATION.—Not later than 15 days (A) TIME FOR INITIAL APPOINTMENTS.— personal injury, death, or damage to prop- after the date of enactment of this Act, the Appointments under paragraph (1) shall be erty arising from or in connection with the Secretary of Transportation shall contract made within 30 days after the date of enact- provision of rail passenger transportation, or with an entity independent of Amtrak and ment of this Act. from or in connection with any operations not in any contractual relationship with (B) EXPERTISE.—Individuals appointed over or use of right-of-way or facilities Amtrak and of the Department of Transpor- under subparagraphs (C) through (F) of para- owned, leased, or maintained by Amtrak, or tation to conduct a complete independent as- graph (1)— from or in connection with any rail pas- sessment of the financial requirements of (i) may not be employees of the United senger transportation operations over or rail Amtrak through fiscal year 2002. The entity States; passenger transportation use of right-of-way shall have demonstrated knowledge about (ii) may not be board members or employ- or facilities owned, leased, or maintained by railroad industry accounting requirements, ees of Amtrak; any high-speed railroad authority or oper- including the uniqueness of the industry and (iii) may not be representatives of rail ator, any commuter authority or operator, of Surface Transportation Board accounting labor organizations or rail management; and or any rail carrier shall be enforceable if— requirements. The Department of Transpor- (iv) shall have technical qualifications, ‘‘(A) punitive or exemplary damages, where tation, Office of Inspector General, shall ap- professional standing, and demonstrated ex- permitted, are not limited to less than 2 prove the entity’s statement of work and the pertise in the field of corporate manage- times compensatory damages awarded to any award and shall oversee the contract. In car- ment, finance, rail or other transportation claimant by any State or Federal court or rying out its responsibilities under the pre- operations, labor, economics, or the law, or administrative agency, or in any arbitration ceding sentence, the Inspector General’s Of- other areas of expertise relevant to the proceeding, or in any other forum or $250,000, fice shall perform such overview and valida- Council. whichever is greater; and tion or verification of data as may be nec- (3) TERM.—Members shall serve for terms ‘‘(B) passengers are provided adequate no- essary to assure that the assessment con- of 5 years. If a vacancy occurs other than by tice of any such contractual limitation or ducted under this subsection meets the re- the expiration of a term, the individual ap- waiver or choice of forum. quirements of this section. pointed to fill the vacancy shall be appointed ‘‘(2) For purposes of this subsection, the (b) ASSESSMENT CRITERIA.—The Secretary in the same manner as, and shall serve only term ‘claim’ means a claim made directly or and Amtrak shall provide to the independent for the unexpired portion of the term for indirectly— entity estimates of the financial require- which, that individual’s predecessor was ap- ‘‘(A) against Amtrak, any high-speed rail- ments of Amtrak for the period described pointed. road authority or operator, any commuter above, using as a base the fiscal year 1997 ap- (4) CHAIRMAN.—The Council shall elect a authority or operator, or any rail carrier or propriation levels established by the Con- chairman from among its membership with- private rail car operators; or gress. The independent assessment shall be in 15 days after the earlier of— ‘‘(B) against an affiliate engaged in rail- based on an objective analysis of Amtrak’s (A) the date on which all members of the road operations, officer, employee, or agent funding needs. Council have been appointed under para- of, Amtrak, any high-speed railroad author- (c) CERTAIN FACTORS TO BE TAKEN INTO AC- graph (2)(A); or ity or operator, any commuter authority or COUNT.—The independent assessment shall (B) 45 days after the date of enactment of operator, or any rail carrier. take into account all relevant factors, in- this Act. ‘‘(3) Notwithstanding paragraph (1)(A), in cluding Amtrak’s— (4) MAJORITY REQUIRED FOR ACTION.—A ma- any case in which death was caused, the law (1) cost allocation process and procedures; jority of the members of the Council present of the place where the act or omission com- (2) expenses related to intercity rail pas- and voting is required for the Council to plained of occurred provides, or has been senger service, commuter service, and any take action. No person shall be elected chair- construed to provide, for damages only puni- other service Amtrak provides; man of the Council who receives fewer than tive in nature, a claimant may recover in a (3) Strategic Business Plan, including Am- 5 votes. claim limited by this subsection for actual trak’s projected expenses, capital needs, rid- (c) ADMINISTRATIVE SUPPORT.—The Sec- or compensatory damages measured by the ership, and revenue forecasts; and retary of Transportation shall provide such pecuniary injuries, resulting from such (4) Amtrak’s assets and liabilities. administrative support to the Council as it death, to the persons for whose benefit the For purposes of paragraph (3), in the cap- needs in order to carry out its duties under action was brought, subject to the provisions ital needs part of its Strategic Business Plan this section. of paragraph (1). Amtrak shall distinguish between that por- (d) TRAVEL EXPENSES.—Each member of ‘‘(b) INDEMNIFICATION OBLIGATION.—Obliga- tion of the capital required for the Northeast the Council shall serve without pay, but tions of any party, however arising, includ- corridor and that required outside the North- shall receive travel expenses, including per ing obligations arising under leases or con- east corridor, and shall include rolling stock diem in lieu of subsistence, in accordance tracts or pursuant to orders of an adminis- requirements, including capital leases, with section 5702 and 5703 of title 5, United trative agency, to indemnify against dam- ‘‘state of good repair’’ requirements, and in- States Code. ages or liability for personal injury, death, frastructure improvements. (e) MEETINGS.—Each meeting of the Coun- or damage to property described in sub- (d) DEADLINE.—The independent assess- cil, other than a meeting at which propri- section (a), incurred after the date of the en- ment shall be completed not later than 180 etary information is to be discussed, shall be actment of the Amtrak Reform and Account- days after the contract is awarded, and shall open to the public. ability Act of 1997, shall be enforceable, not- be submitted to the Council established (f) ACCESS TO INFORMATION.—Amtrak shall withstanding any other statutory or com- under section 203, the Secretary of Transpor- make available to the Council all informa- mon law or public policy, or the nature of tation, the Committee on Commerce, tion the Council requires to carry out its du- the conduct giving rise to the damages or li- Science, and Transportation of the United ties under this section. The Council shall es- ability.’’. States Senate, and the Committee on Trans- tablish appropriate procedures to ensure (e) CONFORMING AMENDMENT.—The table of portation and Infrastructure of the United against the public disclosure of any informa- sections of chapter 281 of title 49, United States House of Representatives. tion obtained under this subsection that is a

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trade secret or commercial or financial in- mitted under paragraph (1), an Act to imple- ‘‘(a) IN GENERAL.—There are authorized to formation that is privileged or confidential. ment a restructured and rationalized inter- be appropriated to the Secretary of Trans- (g) DUTIES.— city rail passenger system does not become portation— (1) EVALUATION AND RECOMMENDATION.— law, then Amtrak shall implement the liq- ‘‘(1) $1,138,000,000 for fiscal year 1998; The Council— uidation plan developed under paragraph ‘‘(2) $1,058,000,000 for fiscal year 1999; (A) shall evaluate Amtrak’s performance; (1)(B) after such modification as may be re- ‘‘(3) $1,023,000,000 for fiscal year 2000; and quired to reflect the recommendations, if ‘‘(4) $989,000,000 for fiscal year 2001; and (B) make recommendations to Amtrak for any, of the Inspector General of the Depart- ‘‘(5) $955,000,000 for fiscal year 2002, for the achieving further cost containment and pro- ment of Transportation and the General Ac- benefit of Amtrak for capital expenditures ductivity improvements, and financial re- counting Office. under chapters 243 and 247 of this title, oper- forms. SEC. 205. ACCESS TO RECORDS AND ACCOUNTS. ating expenses, and payments described in (2) SPECIFIC CONSIDERATIONS.—In making Section 24315 of title 49, United States subsection (c)(1)(A) through (C). In fiscal its evaluation and recommendations under Code, is amended by adding at the end the years following the fifth anniversary of the paragraph (1), the Council take consider all following new subsection: enactment of the Amtrak Reform and Ac- relevant performance factors, including— ‘‘(h) ACCESS TO RECORDS AND ACCOUNTS.—A countability Act of 1997 no funds authorized (A) Amtrak’s operation as a national pas- State shall have access to Amtrak’s records, for Amtrak shall be used for operating ex- senger rail system which provides access to accounts, and other necessary documents penses other than those prescribed for tax li- all regions of the country and ties together used to determine the amount of any pay- abilities under section 3221 of the Internal existing and emerging rail passenger cor- ment to Amtrak required of the State.’’. Revenue Code of 1986 that are more than the ridors; amount needed for benefits of individuals (B) appropriate methods for adoption of SEC. 206. OFFICERS’ PAY. Section 24303(b) of title 49, United States who retire from Amtrak and for their bene- uniform cost and accounting procedures ficiaries.’’. throughout the Amtrak system, based on Code, is amended by adding at the end the SUBTITLE D—MISCELLANEOUS generally accepted accounting principles; following: ‘‘The preceding sentence shall not and apply for any fiscal year for which no Fed- SEC.—401. STATUS AND APPLICABLE LAWS. (C) management efficiencies and revenue eral assistance is provided to Amtrak.’’. Section 24301 of title 49, United States enhancements, including savings achieved SEC. 207. EXEMPTION FROM TAXES. Code, is amended— through labor and contracting negotiations. (a) IN GENERAL.—Subsection (l) of section (1) by striking ‘‘rail carrier under section (h) ANNUAL REPORT.—Each year before the 24301 of title 49, United States Code, is 10102’’ in subsection (a)(1) and inserting fifth anniversary of the date of enactment of amended— ‘‘railroad carrier under section 20102(2) and this Act, the Council shall submit to the (1) by striking so much of paragraph (1) as chapters 261 and 281’’; and Congress a report that includes an assess- precedes ‘‘exempt’’ and inserting the fol- (2) by amending subsection (c) to read as ment of Amtrak’s progress on the resolution lowing: follows: or status of productivity issues; and makes ‘‘(1) IN GENERAL.—Amtrak, a rail carrier ‘‘(c) APPLICATION OF SUBTITLE IV.—Sub- recommendations for improvements and for subsidiary of Amtrak, and any passenger or title IV of this title shall not apply to Am- any changes in law it believes to be nec- other customer of Amtrak or such sub- trak, except for sections 11301, 11322(a), 11502 essary or appropriate. sidiary, are’’; (a) and (d), and 11706. Notwithstanding the (i) AUTHORIZATION OF APPROPRIATIONS.— (2) by striking ‘‘tax or fee imposed’’ in preceding sentence, Amtrak shall continue There are authorized to be appropriated to paragraph (1) and all that follows through to be considered an employer under the Rail- the Council such sums as may be necessary ‘‘levied on it’’ and inserting ‘‘tax, fee, head road Retirement Act of 1974, the Railroad to enable the Council to carry out its duties. charge, or other charge, imposed or levied by Unemployment Insurance Act, and the Rail- SEC.—204. SUNSET TRIGGER. a State, political subdivision, or local taxing road Retirement Tax Act.’’. (a) IN GENERAL.—If at any time more than authority on Amtrak, a rail carrier sub- SEC.—402. WASTE DISPOSAL. 2 years after the date of enactment of this sidiary of Amtrak, or on persons traveling in Section 24301(m)(1)(A) of title 49, United Act and implementation of the financial intercity rail passenger transportation or on States Code, is amended by striking ‘‘1996’’ plan referred to in section 201 of Amtrak Re- mail or express transportation provided by and inserting ‘‘2001’’. Amtrak or such a subsidiary, or on the car- form Council finds that— SEC.—403. ASSISTANCE FOR UPGRADING FACILI- (1) Amtrak’s business performance will riage of such persons, mail, or express, or on TIES. prevent it from meeting the financial goals the sale of any such transportation, or on Section 24310 of title 49, United States set forth in section 201; or the gross receipts derived therefrom’’; Code, and the item relating thereto in the (2) Amtrak will require operating grant (3) by striking the last sentence of para- table of sections of chapter 243 of such title, funds after the fifth anniversary of the date graph (1); are repealed. of enactment of this Act, then (4) by striking ‘‘(2) The’’ in paragraph (2) SEC.—404. DEMONSTRATION OF NEW TECH- and inserting ‘‘(3) JURISDICTION OF UNITED the Council shall immediately notify the NOLOGY. STATES DISTRICT COURTS.—The’’; and President, the Committee on Commerce, Section 24314 of title 49, United States Science, and Transportation of the United (5) by inserting after paragraph (1) the fol- lowing: Code, and the item relating thereto in the States Senate; and the Committee on Trans- table of sections for chapter 243 of that title, ‘‘(2) PHASE-IN OF EXEMPTION FOR CERTAIN portation and Infrastructure of the United are repealed. States House of Representatives. EXISTING TAXES AND FEES.— ‘‘(A) YEARS BEFORE 2000.—Notwithstanding SEC.—405. PROGRAM MASTER PLAN FOR BOS- (b) FACTORS CONSIDERED.—In making a TON-NEW YORK MAIN LINE. finding under subsection (a), the Council paragraph (1), Amtrak is exempt from a tax or fee referred to in paragraph (1) that Am- (a) REPEAL.—Section 24903 of title 49, shall take into account— United States Code, is repealed and the table (1) Amtrak’s performance; trak was required to pay as of September 10, of sections for chapter 249 of such title is (2) the findings of the independent assess- 1982, during calendar years 1997 through 1999, amended by striking the item relating to ment conducted under section 202; only to the extent specified in the following (3) the level of Federal funds made avail- table: that section. (b) CONFORMING AMENDMENTS.— able for carrying out the financial plan re- PHASE-IN OF EXEMPTION ferred to in section 201; and (1) Section 24902 of title 49, United States Year of assessment Percentage of Code is amended by striking subsections (a), (4) Acts of God, national emergencies, and exemption other events beyond the reasonable control (c), and (d) and redesignating subsection (b) 1997 ...... 40 as subsection (a) and subsections (e) through of Amtrak. 1998 ...... 60 (c) ACTION PLAN.— (m) as subsections (b) through (j), respec- 1999 ...... 80 tively. (1) DEVELOPMENT OF PLANS.—Within 90 2000 and later years ...... 100 days after the Council makes a finding under (2) Section 24904(a)(8) is amended by strik- ‘‘(B) TAXES ASSESSED AFTER MARCH, 1999.— ing ‘‘the high-speed rail passenger transpor- subsection (a)— Amtrak shall be exempt from any tax or fee (A) it shall develop and submit to the Con- tation area specified in section 24902(a)(1) referred to in subparagraph (A) that is as- gress an action plan for a restructured and and (2)’’ and inserting ‘‘a high-speed rail pas- sessed on or after April 1, 1999.’’. rationalized national intercity rail passenger senger transportation area’’. (b) EFFECTIVE DATE.—The amendments SEC.—406. AMERICANS WITH DISABILITIES ACT system; and made by subsection (a) do not apply to sales (B) Amtrak shall develop and submit to OF 1990. taxes imposed on intrastate travel as of the the Congress an action plan for the complete (a) APPLICATION TO AMTRAK.— date of enactment of this Act. liquidation of Amtrak, after having the plan (1) ACCESS IMPROVEMENTS AT CERTAIN reviewed by the Inspector General of the De- SUBTITLE C—AUTHORIZATION OF SHARED STATIONS.—Amtrak is responsible for partment of Transportation and the General APPROPRIATIONS its share, if any, of the costs of accessibility Accounting Office for accuracy and reason- SEC. 301. AUTHORIZATION OF APPROPRIA- improvements at any station jointly used by ableness. TIONS. Amtrak and a commuter authority. (2) CONGRESSIONAL ACTION OR INACTION.—If Section 24104(a) of title 49, United States (2) CERTAIN REQUIREMENTS NOT TO APPLY within 90 days after receiving the plans sub- Code, is amended to read as follows: UNTIL 1998.—Amtrak shall not be subject to

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any requirement under subsection (a)(1), (b) FINANCING.—An interstate compact es- section 102 of the Regional Rail Reorganiza- (a)(3), or (e)(2) of section 242 of the Ameri- tablished by States under subsection (a) may tion Act of 1973 (45 U.S.C. 702) that provides cans With Disabilities Act of 1990 (42 U.S.C. provide that, in order to carry out the com- its own commuter rail passenger transpor- 12162) until January 1, 1998. pact, the States may— tation or makes a contract with an operator, (b) CONFORMING AMENDMENT.—Section (1) accept contributions from a unit of in consultation with affected commuter au- 24307 of title 49, United States Code, is State or local government or a person; thorities. amended— (2) use any Federal or State funds made ‘‘(ii) one individual with technical exper- (1) by striking subsection (b); and available for intercity passenger rail service tise in finance and accounting principles. (2) by redesignating subsection (c) as sub- (except funds made available for the Na- ‘‘(iii) one individual selected as a rep- section (b). tional Railroad Passenger Corporation); resentative of the general public.’’; and SEC.—407. DEFINITIONS. (3) on such terms and conditions as the (6) by striking paragraph (6) and inserting Section 24102 of title 49, United States States consider advisable— the following: (A) borrow money on a short-term basis Code, is amended— ‘‘(6) The Secretary may be represented at a and issue notes for the borrowing; and (1) by striking paragraphs (2) and (11); meeting of the Board by his designate.’’. (B) issue bonds; and The amendments made by this section (2) by redesignating paragraphs (3) through (4) obtain financing by other means per- (10) as paragraphs (2) through (9), respec- shall not affect the term of any sitting direc- mitted under Federal or State law. tor as of the date of enactment. tively; and (c) ELIGIBLE PROJECTS.—Section 133(b) of (3) by inserting ‘‘, including a unit of State title 23, United States Code, is amended by SEC. 412. EDUCATIONAL PARTICIPATION. or local government,’’ after ‘‘means a per- striking ‘‘and publicly owned intracity or Amtrak shall participate in educational ef- son’’ in paragraph (7), as so redesignated. intercity bus terminals and facilities.’’ in forts with elementary and secondary schools SEC.—408. NORTHEAST CORRIDOR COST DIS- paragraph (2) and inserting ‘‘facilities, in- to inform students on the advantages of rail PUTE. cluding vehicles and facilities, publicly or travel and the need for rail safety. Section 1163 of the Northeast Rail Service privately owned, that are used to provide SEC. 413. REPORT TO CONGRESS ON AMTRAK Act of 1981 (45 U.S.C. 1111) is repealed. intercity passenger service by bus or rail, or BANKRUPTCY. SEC.—409. INSPECTOR GENERAL ACT OF 1978 a combination of both.’’. Within 120 days after the date of enact- AMENDMENT (d) ELIGIBILITY OF PASSENGER RAIL UNDER ment of this Act, the Comptroller General (a) AMENDMENT.— CONGESTION MITIGATION AND AIR QUALITY IM- shall submit a report identifying financial (1) IN GENERAL.—Section 8G(a)(2) of the In- PROVEMENT PROGRAM.—The first sentence of and other issues associated with an Amtrak spector General Act of 1978 (5 U.S.C. App.) is section 149(b) of title 23, United States Code, bankruptcy to the United States Senate amended by striking ‘‘Amtrak,’’. is amended— Committee on Commerce, Science, and (2) EFFECTIVE DATE.—The amendment (1) by striking ‘‘or’’ at the end of paragraph Transportation and to the United States made by paragraph (1) takes effect in the (3); House of Representatives Committee on first fiscal year for which Amtrak receives (2) by striking ‘‘standard.’’ in paragraph (4) Transportation and Infrastructure. The re- no Federal subsidy. and inserting ‘‘standard; or’’ port shall include an analysis of the implica- (b) AMTRAK NOT FEDERAL ENTITY.—Amtrak (3) by inserting after paragraph (4) the fol- tions of such a bankruptcy on the Federal shall not be considered a Federal entity for lowing: government, Amtrak’s creditors, and the purposes of the Inspector General Act of 1978. ‘‘(5) if the project or program will have air Railroad Retirement System. The proceeding sentence shall apply for any quality benefits through construction of and SEC. 414. AMTRAK TO NOTIFY CONGRESS OF LOB- fiscal year for which Amtrak receives no operational improvements for intercity pas- BYING RELATIONSHIPS. Federal subsidy. senger rail facilities, operation of intercity If, at any time, Amtrak enters into a con- (c) FEDERAL SUBSIDY.— passenger rail trains, and acquisition of roll- sulting contract or similar arrangement, or (1) ASSESSMENT.—In any fiscal year for ing stock for intercity passenger rail service, a contract for lobbying, with a lobbying which Amtrak requests Federal assistance, except that not more than 50 percent of the firm, an individual who is a lobbyist, or who the Inspector General of the Department of amount received by a State for a fiscal year is affiliated with a lobbying firm, as those Transportation shall review Amtrak’s oper- under this paragraph may be obligated for terms are defined in section 3 of the Lob- ations and conduct an assessment similar to operating support.’’. bying Disclosure Act of 1995 (2 U.S.C. 1602), the assessment required by section 202(a). (e) ELIGIBILITY OF PASSENGER RAIL AS NA- Amtrak shall notify the United States Sen- The Inspector General shall report the re- TIONAL HIGHWAY SYSTEM PROJECT.—Section ate Committee on Commerce, Science, and sults of the review and assessment to— 103(i) of title 23, United States Code, is Transportation, and the United States House (A) the President of Amtrak; amended by adding at the end thereof the of Representatives Committee on Transpor- (B) the Secretary of Transportation; following: tation and Infrastructure of— (C) the United States Senate Committee on ‘‘(14) Construction, reconstruction, and re- (1) the name of the individual or firm in- Appropriations; habilitation of, and operational improve- volved; (D) the United States Senate Committee ments for, intercity rail passenger facilities (2) the purpose of the contract or arrange- on Commerce, Science, and Transportation; (including facilities owned by the National ment; and (E) the United States House of Representa- Railroad Passenger Corporation), operation (3) the amount and nature of Amtrak’s fi- tives Committee on Appropriations; of intercity rail passenger trains, and acqui- nancial obligation under the contract. (F) the United States House of Representa- sition or reconstruction of rolling stock for tives Committee on Transportation and In- intercity rail passenger service, except that DEWINE AMENDMENTS NOS. 1355– frastructure. not more than 50 percent of the amount re- (2) REPORT.—The report shall be sub- ceived by a State for a fiscal year under this 1356 mitted, to the extent practicable, before any paragraph may be obligated for operation.’’. (Ordered to lie on the table.) such committee reports legislation author- SEC. 411. COMPOSITION OF AMTRAK BOARD OF Mr. DEWINE submitted two amend- izing or appropriating funds for Amtrak for DIRECTORS. Section 24302(a) of title 49, United States ments intended to be proposed by him capital acquisition, development, or oper- to the bill, S. 1173, supra; as follows: ating expenses. Code, is amended— (3) SPECIAL EFFECTIVE DATE.—This sub- (1) by striking ‘‘3’’ in paragraph (1)(C) and AMENDMENT NO. 1355 section takes effect 1 year after the date of inserting ‘‘4’’; On page 236, strike line 16 and insert the enactment of this Act. (2) by striking clauses (i) and (ii) of para- following: subsection (a). graph (1)(C) and inserting the following: SEC.—410. INTERSTATE RAIL COMPACTS. ‘‘(i) one individual selected as a represent- SEC. 1408. SCHOOL TRANSPORTATION SAFETY. (a) CONSENT TO COMPACTS.—Congress ative of rail labor in consultation with af- (a) STUDY.—Not later than 3 months after grants consent to States with an interest in fected labor organizations. the date of enactment of this Act, the Sec- a specific form, route, or corridor of inter- ‘‘(ii) one chief executive officer of a State, retary shall offer to enter into an agreement city passenger rail service (including high and one chief executive officer of a munici- with the Transportation Research Board of speed rail service) to enter into interstate pality, selected from among the chief execu- the National Academy of Sciences to con- compacts to promote the provision of the tive officers of State and municipalities with duct a study of the safety issues attendant to service, including— an interest in rail transportation, each of the transportation of school children to and (1) retaining an existing service or com- whom may select an individual to act as the from school and school-related activities by mencing a new service; officer’s representative at board meetings.’’; various transportation modes. (2) assembling rights-of-way; and (4) by striking subparagraphs (D) and (E) of (b) TERMS OF AGREEMENT.—The agreement (3) performing capital improvements, in- paragraph (1); under subsection (a) shall provide that— cluding— (5) by inserting after subparagraph (C) the (1) the Transportation Research Board, in (A) the construction and rehabilitation of following: conducting the study, consider— maintenance facilities; ‘‘(D) 3 individuals appointed by the Presi- (A) in consultation with the National (B) the purchase of locomotives; and dent of the United States, as follows: Transportation Safety Board, the Bureau of (C) operational improvements, including ‘‘(i) one individual selected as a represent- Transportation Statistics, and other rel- communications, signals, and other systems. ative of a commuter authority, (as defined in evant entities, available crash injury data;

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10973 (B) vehicle design and driver training re- ‘‘(II) a license restriction for not less than tation and Uniform Relocation Assistance quirements, routing, and operational factors 1 year permitting the individual to drive Act of 1987; that affect safety; and only a vehicle that is equipped with a func- (3) 64 percent of the funding for the 152 (C) other factors that the Secretary con- tioning ignition interlock device; projects had not been obligated after 5 years siders to be appropriate; ‘‘(ii) an assessment of the individual’s de- and State transportation officials deter- (2) if the data referred to in paragraph gree of abuse of alcohol and treatment as ap- mined the projects added little, if any, to (1)(A) is unavailable or insufficient, rec- propriate; and meeting their transportation infrastructure ommend a new data collection regiment and ‘‘(iii)(I) an assignment of 30 days of com- priorities; implementation guidelines; and munity service; or (4) 538 location specific projects totaling (3) a panel shall conduct the study and ‘‘(II) 5 days of imprisonment; and $6.23 billion were included in the Intermodal shall include— ‘‘(B) provides that each of the sanctions Surface Transportation Efficiency Act of (A) representatives of— under subparagraph (A) shall be increased by 1991; (i) highway safety organizations; 10 percent for each subsequent such offense (5) more than $3.3 billion of the funds au- (ii) school transportation; within a 5-year period. thorized for the 538 location specific-projects (iii) mass transportation operators; and ‘‘(b) TRANSFER OF FUNDS.— remained unobligated as of January 31, 1997; (iv) employee organizations; ‘‘(1) FISCAL YEARS 2001 AND 2002.— (6) the General Accounting Office deter- (B) academic and policy analysts; and ‘‘(A) IN GENERAL.—On October 1, 2000, and mined that 31 States plus the District of Co- (C) other interested parties. October 1, 2001, if a State has not enacted or lumbia and Puerto Rico would have received (c) REPORT.—Not later than 12 months is not enforcing a repeat intoxicated driver more funding if the Intermodal Surface after the Secretary enters into an agreement law, the Secretary shall transfer an amount Transportation Efficiency Act location-spe- under subsection (a), the Secretary shall equal to 11⁄2 percent of the funds apportioned cific project funds were redistributed as Fed- transmit to the Committee on Commerce, to the State on that date under paragraphs eral-aid highway program apportionments; Science, and Transportation of the Senate (1) and (3) of section 104(b) to the apportion- (7) this type of project funding diverts and the Committee on Transportation and ment of the State under section 402 to be Highway Trust Fund money away from State Infrastructure of the House of Representa- used— transportation priorities established under tives a report that contains the results of the ‘‘(i) for alcohol-impaired driving counter- the formula allocation process and under the study. measures; or Intermodal Surface Transportation and Effi- (d) AUTHORIZATION OF CONTRACT AUTHOR- ‘‘(ii) for enforcement by State and local ciency Act of 1991; ITY.— law enforcement agencies laws prohibiting (8) on June 20, 1995, by a vote of 75 yeas to (1) IN GENERAL.—There shall be available driving while intoxicated or driving under from the Highway Trust Fund (other than 21 nays, the Senate voted to prohibit the use the influence and other related laws (includ- of Federal Highway Trust Fund money for the Mass Transit Account) to carry out this ing regulations), including use for purchase section— future demonstration projects; of equipment, the training of officers, and (9) the Intermodal Surface Transportation (A) $200,000 for fiscal year 1998; and the use of additional personnel for specific (B) $200,000 for fiscal year 1999. and Efficiency Act of 1991 expires at the end alcohol-impaired driving countermeasures (2) CONTRACT AUTHORITY.—Funds author- of Fiscal Year 1997; and dedicated to enforcement of those laws. ized under this subsection shall be available (10) legislation is pending in the House of ‘‘(B) DERIVATION OF AMOUNT TO BE TRANS- for obligation in the same manner as if the Representatives sets aside $4.3 billion in new FERRED.—An amount transferred under sub- funds were apportioned under chapter 1 of mandatory spending for so-called ‘‘high pri- paragraph (A) may be derived— ority’’ projects. title 23, United States Code. ‘‘(i)) from the apportionment of the State SEC. 1409. IMPROVED INTERSTATE SCHOOL BUS (b) SENSE OF THE SENATE.—It is the sense under section 104(b)(1); of the Senate that— SAFETY. ‘‘(ii) from the apportionment of the State (a) APPLICABILITY OF FEDERAL MOTOR CAR- (1) notwithstanding different views one ex- under section 104(b)(3); or isting Highway Trust fund distribution for- RIER SAFETY REGULATORY TO INTERSTATE (iii) partially from the apportionment of SCHOOL BUS OPERATIONS.—Section 31136 of mulas, funding for demonstration projects or the State under section 104(b)(1) and par- other similarly titled projects diverts High- title 49, United States Code, is amended by tially from the apportionment of the State adding at the end of the following: way Trust Fund money away from State pri- under section 104(b)(3). orities and deprives States of the ability to ‘‘(g) APPLICABILITY TO SCHOOL TRANSPOR- ‘‘(2) FISCAL YEAR 2003 AND FISCAL YEARS adequately address their transportation TATION OPERATIONS OF LOCAL EDUCATIONAL THEREAFTER.—On October 1, 2002, and each needs; AGENCIES.—Not later than 6 months after the October 1 thereafter, if a State has not en- (2) State are best able to determine the pri- date of enactment of this subsection, the acted or is not enforcing a repeat intoxicated orities for allocating Federal-Aid-To-High- Secretary shall issue regulations that re- driver law, the Secretary shall transfer 3 per- way monies within their jurisdiction; quire that the relevant commercial motor cent of the funds apportioned to the State on (3) Congress should not divert limited vehicle safety standards issued under sub- that date under each of paragraphs (1) and (3) Highway Trust Funds resources away from section (a) apply to all interstate school of section 104(b) to the apportionment of the State transportation priorities by author- transportation operations conducted by local State under section 402 to be used— izing new highway projects; and educational agencies (as that term is defined ‘‘(A) for alcohol-impaired driving counter- (4) Congress should not authorize any new in section 14101 of the Elementary and Sec- measures; or demonstration projects, similarly-titled ondary Education Act of 1965 (20 U.S.C. ‘‘(B) for enforcement by State and local projects, or legislative discretionary 8801)).’’. law enforcement agencies laws prohibiting projects. (b) REPORT.—Not later than 2 years after driving while intoxicated or driving under the date of enactment of this Act, the Sec- the influence and other related laws (includ- retary shall submit to Congress a report that ing regulations), including use for the pur- AMENDMENT NO. 1358 describes— chase of equipment, the training of officers, On page 40, strike lines 1 through 16. (1) the status of compliance by private for- and the use of additional personnel for spe- hire motor carries and local educational cific alcohol-impaired driving counter- AMENDMENT NO. 1359 agencies (as that term is defined in section measures dedicated to enforcement of those Notwithstanding any provision of law, au- 14101 of the Elementary and Secondary Edu- laws. thorizations and appropriations for dem- cation Act of 1965 (20 U.S.C. 8801)) in meeting onstration projects shall lapse for any the requirements of section 31136 of title 49, project for which funds have not been obli- United States Code; and MCCAIN AMENDMENTS NOS. 1357– gated within three years. (2) any activities carried out by the Sec- 1364 retary or 1 or more States to enforce the re- (Ordered to lie on the table.) quirements referred to in paragraph (1). AMENDMENT NO. 1360 Mr. MCCAIN submitted eight amend- Notwithstanding any other provision of AMENDMENT NO. 1356 ments intended to be proposed by him law, the Secretary shall limit obligations for Beginning on page 225, strike line 12 and to the bill, S. 1173, supra; as follows: demonstration projects, or any similarly ti- all that follows through page 227, line 13, and AMENDMENT NO. 1357 tled high priority projects that are author- insert the following: ized or appropriated. ‘‘(5) REPEAT INTOXICATED DRIVER LAW.—The At the appropriate place, insert the fol- term ‘repeat intoxicated driver law’ means a lowing: AMENDMENT NO. 1361 State law that— SEC. —. HIGHWAY DEMONSTRATION PROJECTS. ‘‘(A) provides, as a minimum penalty, that (a) FINDINGS.—The Senate finds that— At the appropriate place, insert the fol- an individual convicted of a second offense (1) 10 demonstration projects totaling $362 lowing: for driving while intoxicated or driving million were listed for special line-item SEC. 105. PROTECTION OF CHILDREN FROM AIR- under the influence within 5 years after a funding in the Surface Transportation As- BAG HARM. conviction for that offense shall receive— sistance Act of 1982; (a) SUSPENSION OF UNBELTED BARRIER ‘‘(i)(I) a license suspension for not less (2) 152 demonstration projects totaling $1.4 TESTING.—The provision in Federal Motor than 1 year; or billion were named in the Surface Transpor- Vehicle Safety Standard No. 208 set forth at

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10974 CONGRESSIONAL RECORD — SENATE October 22, 1997 section 571.208 of the Department of Trans- the provisions (including amendments) ap- Sec. 417. Application of regulations. portation Regulations (49 C.F.R. 571.208) re- pearing before this section. For purposes of Sec. 418. Authority over charter bus quiring air bag-equipped vehicles to be this subsection, conflicts of enumeration or transportation. crashed into a barrier using unbelted 50th lettering of subdivisions of any provision of Sec. 419. Federal motor carrier safety in- percentile adult male dummies is hereby sus- law amended by this Act, and conflicts of vestigations. pended. captions of any provision of law amended by Sec. 420. Foreign motor carrier safety fit- (b) RULEMAKING TO PROTECT CHILDREN.— this Act, shall be ignored. ness. (1) IN GENERAL.—Not later than June 1, SEC. 2. AMENDMENT OF TITLE 49, UNITED Sec. 421. Commercial motor vehicle safe- 1998, the Secretary of Transportation shall STATES CODE. ty advisory committee. issue a notice of proposed rulemaking to Except as otherwise expressly provided, Sec. 422. Waivers; exemptions; pilot pro- amend and improve the occupant protection whenever in this Act an amendment or re- grams. provided by Federal Motor Vehicle Safety peal is expressed in terms of an amendment Sec. 423. Commercial motor vehicle safe- Standard No. 208. The notice shall propose to, or a repeal of, a section or other provi- ty studies. that air bags provide protection to individ- sion, the reference shall be considered to be Sec. 424. Increased MCSAP participation uals according to the following priorities: made to a section or other provision of title impact study. (A) FIRST PRIORITY.—To minimize the risk 49, United States Code. Title V—Rail and Mass Transportation Anti- terrorism; Safety of harm to children from air bags. SEC. 3. TABLE OF CONTENTS. (B) SECOND PRIORITY.—To improve protec- The table of contents for this Act is as fol- Sec. 501. Purpose. tion for belted occupants. lows: Sec. 502. Amendment to the ‘‘wrecking (C) THIRD PRIORITY.—To protect unbelted trains’’ statute. Sec. 1. Short title; application with pre- occupants to the extent reasonable and prac- Sec. 503. Terrorist attacks against mass ceding provisions of amend- ticable, consistent with minimizing the risk transportation. to children. ments. Sec. 504. Investigative jurisdiction. (2) METHODS TO ENSURE PROTECTION.—Not- Sec. 2. Amendment of title 49, United Sec. 505. Safety considerations in grants withstanding subsection (a), the notice re- States Code. or loans to commuter railroads. quired by paragraph (a) may include such Sec. 3. Table of contents. Sec. 506. Railroad accident and incident static and dynamic tests as the Secretary de- Title I—Highway Safety reporting. termines to be reasonable, practicable, and Sec. 101. Highway safety programs. Sec. 507. Vehicle weight limitations— appropriate to ensure the safety of children, Sec. 102. National driver register. mass transportation buses. especially those who are unbelted and out of Sec. 103. Authorizations of appropria- Title—VI Sportfishing and Boating Safety position, as well as the safety of other vehi- tions. Sec. 601. Amendment of 1950 Act. cle occupants, consistent with the priorities Sec. 104. Airbags. Sec. 602. Outreach and communications set forth in paragraph (1). Sec. 105. Protection of children from air- programs. (3) FINAL RULE.—The Secretary shall com- bag harm. Sec. 603. Clean Vessel Act funding. plete the rulemaking required by this sub- Title II—Hazardous materials transportation Sec. 604. Boating infrastructure. section by issuing, not later than June 1, reauthorization Sec. 605. Boat safety funds. 1999, a final rule consistent with paragraphs Sec. 201. Findings and purposes; defini- TITLE I—HIGHWAY SAFETY (1) and (2) of this subsection. The Secretary tions. SEC. 101. HIGHWAY SAFETY PROGRAMS. may extend the period for issuing the final Sec. 202. Handling criteria repeal. (a) UNIFORM GUIDELINES.—Section 402(a) of rule for not more than 6 months. If the Sec- Sec. 203. Hazmat employee training re- title 23, United States Code, is amended by retary extends that period, then the Sec- quirements. striking ‘‘section 4007’’ and inserting ‘‘sec- retary shall state the reasons for the exten- Sec. 204. Registration. sion in the notice of extension. Sec. 205. Shipping paper retention. tion 4004’’. (b) ADMINISTRATIVE REQUIREMENTS.—Sec- Sec. 206. Unsatisfactory safety rating. AMENDMENT NO. 1362 Sec. 207. Public sector training cur- tion 402(b) of such title is amended— (1) by striking the period at the end of sub- At the appropriate place, insert the fol- riculum. lowing: Sec. 208. Planning and training grants. paragraph (A) and subparagraph (B) of para- Sec. 209. Special permits and exclusions. graph (1) and inserting a semicolon; SEC. . AIRBAG DEPLOYMENT RULE-MAKING (2) by inserting ‘‘, including Indian tribes,’’ PROCEDURE. Sec. 210. Administration. after ‘‘subdivisions of such State’’ in para- The Secretary shall provide notice and an Sec. 211. Cooperative agreements. graph (1)(C); opportunity for public comment for estab- Sec. 212. Enforcement. (3) by striking the period at the end of lishing a threshold for the deployment on Sec. 213. Penalties. paragraph (1)(C) and inserting a semicolon impact of a passive passenger restraint sys- Sec. 214. Preemption. and ‘‘and’’; and tem in passenger motor vehicles. Sec. 215. Judicial review. Sec. 216. Hazardous material transpor- (5) by striking paragraphs (3) and (4) and redesignating paragraph (5) as paragraph (3). AMENDMENT NO. 1363 tation reauthorization. Sec. 217. Authorization of appropriations. (c) APPORTIONMENT OF FUNDS—Section At the appropriate place, insert the fol- 402(c) of such title is amended by— lowing: Title III—Comprehensive One-call Notification (1) by inserting ‘‘the apportionment to the SEC. . DOT TO DETERMINE ELIGIBILITY FOR Sec. 301. Findings. Secretary of the Interior shall not be less AIRBAG SWITCH USE. Sec. 302. Establishment of one-call notifi- than three-fourths of 1 percent of the total If the Secretary of Transportation, under cation programs. apportionment and’’ after ‘‘except that’’ in any provision of law, permits the employ- Title IV—Motor Carrier Safety the sixth sentence; and ment of a device or switch to activate or de- Sec. 401. Statement of purpose. (2) by striking the seventh sentence. activate a passive passenger restraint sys- Sec. 402. Grants to States. (d) APPLICATION IN INDIAN COUNTRY.—Sec- tem installed in passenger motor vehicles Sec. 403. Federal share. tion 402(i) of such title is amended to read as and establishes criteria for the determina- Sec. 404. Authorization of appropriations. follows: tion of what individuals or classes of individ- Sec. 405. Information systems and stra- ‘‘(i) APPLICATION IN INDIAN COUNTRY.— uals are eligible to use that device or switch, tegic safety initiatives. ‘‘(1) IN GENERAL.—For the purpose of appli- then that determination shall be made by Sec. 406. Improved flow of driver history cation of this section in Indian country, the the Secretary. pilot program. terms ‘State’ and ‘Governor of a State’ in- Sec. 407. Motor carrier and driver safety clude the Secretary of the Interior and the AMENDMENT NO. 1364 research. term ‘political subdivision of a State’ in- At the end of the amendment, insert the Sec. 408. Authorization of appropriations. cludes an Indian tribe. Notwithstanding the following: Sec. 409. Conforming amendments. provisions of subparagraph (b)(1)(C) of this SECTION 1. SHORT TITLE; APPLICATION WITH Sec. 410. Automobile transporter defined. section, 95 percent of the funds apportioned PRECEDING PROVISIONS AND Sec. 411. Repeal of review panel; review to the Secretary of the Interior under this AMENDMENTS. procedure. section shall be expended by Indian tribes to (a) SHORT TITLE.—This Act may be cited as Sec. 412. Commercial motor vehicle oper- carry out highway safety programs within the ‘‘Intermodel Transportation Safety Act ators. their jurisdictions. The provisions of sub- of 1997’’. Sec. 413. Penalties. paragraph (b)(1)(D) of this section shall be (b) APPLICATION.—The provisions of this Sec. 414. International registration plan applicable to Indian tribes, except to those Act appearing after this section, including and international fuel tax tribes with respect to which the Secretary any amendment made by any such provision, agreement. determines that application of such provi- supersede any provision appearing before Sec. 415. Study of adequacy of parking fa- sions would not be practicable. this section to the extent that the provisions cilities. ‘‘(2) INDIAN COUNTRY DEFINED.—For the pur- or amendments appearing after this section Sec. 416. National minimum drinking poses of this subsection, the term ‘Indian conflict with and cannot be reconciled with age—technical corrections. country’ means—

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‘‘(A) all land within the limits of any In- ‘‘(1) BASIC GRANT A.—At least 7 of the fol- pitality industry; assessment of first time of- dian reservation under the jurisdiction of the lowing: fenders; and incorporation of treatment into United States, notwithstanding the issuance ‘‘(A) .08 BAC PER SE LAW.—A law that pro- judicial sentencing. of any patient, and including rights-of-way vides that any individual with a blood alco- ‘‘(I) TESTING FOR BAC.—An effective sys- running through the reservation; hol concentration of 0.08 percent or greater tem for increasing the rate of testing for ‘‘(B) all dependent Indian communities while operating a motor vehicle shall be blood alcohol concentration of motor vehicle within the borders of the United States deemed to be driving while intoxicated. drivers at fault in fatal accidents. whether within the original or subsequently ‘‘(B) ADMINISTRATIVE LICENSE REVOCA- ‘‘(2) BASIC GRANT B.—Either of the fol- acquired territory thereof and whether with- TION.—An administrative driver’s license lowing: in or without the limits of a State; and suspension or revocation system for persons ‘‘(A) ADMINISTRATIVE LICENSE REVOCA- ‘‘(C) all Indian allotments, the Indian ti- who operate motor vehicles while under the TION.—An administrative driver’s license tles to which have not been extinguished, in- influence of alcohol which requires that— suspension or revocation system for persons cluding rights-of-way running through such ‘‘(i) in the case of a person who, in any 5- who operate motor vehicles while under the allotments.’’. year period beginning after the date of en- influence of alcohol which requires that— (e) RULEMAKING PROCESS.—Section 402(j) of actment of this subsection, is determined on ‘‘(i) in the case of a person who, in any 5- such title is amended to read as follows: the basis of a chemical test to have been op- year period beginning after the date of en- ‘‘(j) RULEMAKING PROCESS.—The Secretary erating a motor vehicle under the influence actment of this subsection, is determined on may from time to time conduct a rule- of alcohol or is determined to have refused to the basis of a chemical test to have been op- making process to identify highway safety submit to such a test as proposed by a law erating a motor vehicle under the influence programs that are highly effective in reduc- enforcement officer, the State agency re- of alcohol or is determined to have refused to ing motor vehicle crashes, injuries and sponsible for administering drivers’ licenses, submit to such a test as requested by a law deaths. Any such rulemaking shall take into upon receiving the report of the law enforce- enforcement officer, the State agency re- account the major role of the States in im- ment officer— sponsible for administering drivers’ licenses, plementing such programs. When a rule pro- ‘‘(I) shall suspend the driver’s license of upon receiving the report of the law enforce- mulgated in accordance with this section such person for a period of not less than 90 ment officer— ‘‘(I) shall suspend the driver’s license of takes effect, States shall consider these days if such person is a first offender in such such person for a period of not less than 90 highly effective programs when developing 5-year period; and days if such person is a first offender in such their highway safety programs.’’ ‘‘(II) shall suspend the driver’s license of (f) SAFETY INCENTIVE GRANTS.—Section 402 5-year period; and such person for a period of not less than 1 of such title is amended by striking sub- ‘‘(II) shall suspend the driver’s license of year, or revoke such license, if such person is section (k) and inserting the following: such person for a period of not less than 1 a repeat offender in such 5-year period; and ‘‘(k)(1) SAFETY INCENTIVE GRANTS: GEN- year, or revoke such license, if such person is ‘‘(ii) the suspension and revocation re- ERAL AUTHORITY.—The Secretary shall make a repeat offender in such 5-year period; and a grant to a State that takes specific actions ferred to under clause (A)(i) of this subpara- ‘‘(ii) the suspension and revocation re- to advance highway safety under subsection graph shall take effect not later than 30 days ferred to under clause (A)(i) of this subpara- (l) of this section. A State may qualify for after the day on which the person refused to graph shall take effect not later than 30 days more than one grant and shall receive a sep- submit to a chemical test or received notice after the day on which the person refused to arate grant for each subsection for which it of having been determined to be driving submit to a chemical test or receives notice qualifies. Such grants may only be used by under the influence of alcohol, in accordance of having been determined to be driving recipient States to implement and enforce, with the State’s procedures. under the influence of alcohol, in accordance ‘‘(C) UNDERAGE DRINKING PROGRAM.—An ef- as appropriate, the programs for which the with the State’s procedures; or grants are awarded. fective system, as determined by the Sec- ‘‘(B) 0.08 BAC PER SE LAW.—A law that pro- ‘‘(2) MAINTENANCE OF EFFORT.—No grant retary, for preventing operators of motor ve- vides that any person with a blood alcohol may be made to a State under subsection (l) hicles under age 21 from obtaining alcoholic concentration of 0.08 percent or greater or (m) of this section in any fiscal year un- beverages. Such system shall include the while operating a motor vehicle shall be less such State enters into such agreements issuance of drivers’ licenses to individuals deemed to be driving while intoxicated. with the Secretary as the Secretary may re- under age 21 that are easily distinguishable ‘‘(3) BASIC GRANT C.—Both of the following: quire to ensure that such State will main- in appearance from drivers’ licenses issued ‘‘(A) FATAL IMPAIRED DRIVER PERCENTAGE tain its aggregate expenditures from all to individuals age 21 years of age or older. REDUCTION.—The percentage of fatally in- other sources for the specific actions for ‘‘(D) STOPPING MOTOR VEHICLES.—Either— jured drivers with 0.10 percent or greater which a grant is provided at or above the av- ‘‘(i) A statewide program for stopping blood alcohol concentration in the State has erage level of such expenditures in its 2 fis- motor vehicles on a nondiscriminatory, law- decreased in each of the 3 most recent cal- cal years preceding the date of the enact- ful basis for the purpose of determining endar years for which statistics for deter- ment of this subsection. whether the operators of such motor vehicles mining such percentages are available; and ‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY; FED- are driving while under the influence of alco- ‘‘(B) FATAL IMPAIRED DRIVER PERCENTAGE ERAL SHARE FOR GRANTS.—Each grant under hol, or COMPARISON.—The percentage of fatally in- subsection (l) or (m) of this section shall be ‘‘(ii) a statewide Special Traffic Enforce- jured drivers with 0.10 percent or greater available for not more than 6 fiscal years be- ment Program for impaired driving that em- blood alcohol concentration in the State has ginning in the fiscal year after September 30, phasizes publicity for the program. been lower than the average percentage for 1997, in which the State becomes eligible for ‘‘(E) REPEAT OFFENDERS.—Effective sanc- all States in each of such calendar years. the grant. The Federal share payable for any tions for repeat offenders convicted of driv- ‘‘(4) BASIC GRANT AMOUNT.—The amount of grant under subsection (l) or (m) shall not ing under the influence of alcohol. Such each basic grant under this subsection for exceed— sanctions, as determined by the Secretary, any fiscal year shall be up to 15 percent of ‘‘(A) in the first and second fiscal years in may include electronic monitoring; alcohol the amount apportioned to the State for fis- which the State receives the grant, 75 per- interlocks; intensive supervision of proba- cal year 1997 under section 402 of this title. cent of the cost of implementing and enforc- tion; vehicle impoundment, confiscation, or ‘‘(5) ALCOHOL-IMPAIRED DRIVING COUNTER- ing, as appropriate, in such fiscal year a pro- forfeiture; and dedicated detention facilities. MEASURES: SUPPLEMENTAL GRANTS.—During gram adopted by the State; ‘‘(F) GRADUATED LICENSING SYSTEM.—A the period in which a State is eligible for a ‘‘(B) in the third and fourth fiscal years in three-stage graduated licensing system for basic grant under this subsection, the State which the State receives the grant, 50 per- young drivers that includes nighttime driv- shall be eligible to receive a supplemental cent of the cost of implementing and enforc- ing restrictions during the first 2 stages, re- grant in no more than 2 fiscal years of up to ing, as appropriate, in such fiscal year such quires all vehicle occupants to be properly 5 percent of the amount apportioned to the program; and restrained, and makes it unlawful for a per- State in fiscal year 1997 under section 402 of ‘‘(C) in the fifth and sixth fiscal years in son under age 21 to operate a motor vehicle this title. The State may receive a separate which the State receives the grant, 25 per- with a blood alcohol concentration of .02 per- supplemental grant for meeting each of the cent of the cost of implementing and enforc- cent or greater. following criteria: ing, as appropriate, in such fiscal year such ‘‘(G) DRIVERS WITH HIGH BAC’S.—Programs ‘‘(A) OPEN CONTAINER LAWS.—The State program. to target individuals with high blood alcohol makes unlawful the possession of any open ‘‘(l) ALCOHOL-IMPAIRED DRIVING COUNTER- concentrations who operate a motor vehicle. alcoholic beverage container, or the con- MEASURES: BASIC GRANT ELIGIBILITY.—The Such programs may include implementation sumption of any alcoholic beverage, in the Secretary shall make grants to those States of a system of graduated penalties and as- passenger area of any motor vehicle located that adopt and implement effective pro- sessment of individuals convicted of driving on a public highway or the right-of-way of a grams to reduce traffic safety problems re- under the influence of alcohol. public highway, except— sulting from persons driving under the influ- ‘‘(H) YOUNG ADULT DRINKING PROGRAMS.— ‘‘(i) as allowed in the passenger area, by a ence of alcohol. A State shall become eligi- Programs to reduce driving while under the person (other than the driver), of any motor ble for one or more of three basic grants influence of alcohol by individuals age 21 vehicle designed to transport more than 10 under this subsection by adopting or dem- through 34. Such programs may include passengers (including the driver) while being onstrating the following to the satisfaction awareness campaigns; traffic safety partner- used to provide charter transportation of of the Secretary: ships with employers, colleges, and the hos- passengers; or

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10976 CONGRESSIONAL RECORD — SENATE October 22, 1997 ‘‘(ii) as otherwise specifically allowed by ‘‘(B) ‘Controlled substances’ has the mean- 402 of this title, except that no State shall such State, with the approval of the Sec- ing such term has under section 102(6) of the receive less than $250,000, subject to the retary, but in no event may the driver of Controlled Substances Act (21 U.S.C. 802(6)). availability of appropriations. The Secretary such motor vehicle be allowed to possess or ‘‘(C) ‘Motor vehicle’ means a vehicle driven may award a grant of up to $25,000 for one consume an alcoholic beverage in the pas- or drawn by mechanical power and manufac- year to any State that does not meet the cri- senger area. tured primarily for use on public streets, teria established in paragraph (1). The grant ‘‘(B) MANDATORY BLOOD ALCOHOL CON- roads, and highways, but does not include a may only be used to conduct activities need- CENTRATION TESTING PROGRAMS.—The State vehicle operated only on a rail line. ed to enable that State to qualify for first- provides for mandatory blood alcohol con- ‘‘(D) ‘Open alcoholic beverage container’ year funding to begin in the next fiscal year. centration testing whenever a law enforce- means any bottle, can, or other receptacle— ‘‘(3) STATE HIGHWAY SAFETY DATA AND ment officer has probable cause under State ‘‘(i) which contains any amount of an alco- TRAFFIC RECORDS IMPROVEMENTS; SUCCEEDING- law to believe that a driver of a motor vehi- holic beverage; and YEAR GRANTS.—A State shall be eligible for a cle involved in a crash resulting in the loss ‘‘(ii)(I) which is open or has a broken seal, grant in any fiscal year succeeding the first of human life or, as determined by the Sec- or fiscal year in which the State receives a retary, serious bodily injury, has committed ‘‘(II) the contents of which are partially re- State highway safety data and traffic an alcohol-related traffic offense. moved. records grant if the State, to the satisfaction ‘‘(C) VIDEO EQUIPMENT FOR DETECTION OF ‘‘(m) STATE HIGHWAY SAFETY DATA IM- of the Secretary: DRUNK DRIVERS.—The State provides for a PROVEMENTS.—The Secretary shall make a ‘‘(A) Submits or updates a multi-year plan program to acquire video equipment to be grant to a State that takes effective actions that identifies and prioritizes the State’s used in detecting persons who operate motor to improve the timeliness, accuracy, com- highway safety data and traffic records vehicles while under the influence of alcohol pleteness, uniformity, and accessibility of needs and goals, that specifies how its incen- and in prosecuting those persons, and to the State’s data needed to identify priorities tive funds for the fiscal year will be used to train personnel in the use of that equipment. within State and local highway and traffic address those needs and the goals of the ‘‘(D) BLOOD ALCOHOL CONCENTRATION FOR safety programs, to evaluate the effective- plan, and that identifies performance-based PERSONS UNDER AGE 21.—The State enacts measures by which progress toward those ness of such efforts, and to link these State and enforces a law providing that any person goals will be determined; under age 21 with a blood alcohol concentra- data systems, including traffic records, to- ‘‘(B) Certifies that its Highway Safety tion of 0.02 percent or greater when driving a gether and with other data systems within Data and Traffic Records Coordinating Com- motor vehicle shall be deemed to be driving the State, such as systems that contain med- mittee continues to support the multi-year while intoxicated or driving under the influ- ical and economic data: plan; and ence of alcohol, and further provides for a ‘‘(1) FIRST-YEAR GRANT ELIGIBILITY.—A ‘‘(C) Reports annually on its progress in minimum suspension of the person’s driver’s State is eligible for a first-year grant under implementing the multi-year plan. license for not less than 30 days. this subsection in a fiscal year if such State ‘‘(4) SUCCEEDING-YEAR GRANT AMOUNTS.— ‘‘(E) SELF-SUSTAINING DRUNK DRIVING PRE- either: The amount of a succeeding-year grant made VENTION PROGRAM.—The State provides for a ‘‘(A) Demonstrates, to the satisfaction of for State highway safety data and traffic self-sustaining drunk driving prevention pro- the Secretary, that it has— records improvements for any fiscal year to gram under which a significant portion of ‘‘(i) established a Highway Safety Data and any State that is eligible for such a grant the fines or surcharges collected from indi- Traffic Records Coordinating Committee shall equal a proportional amount of the viduals apprehended and fined for operating with a multi-disciplinary membership in- amount apportioned to the State for fiscal a motor vehicle while under the influence of cluding the administrators, collectors, and year 1997 under section 402 of this title, ex- alcohol are returned to those communities users of such data (including the public cept that no State shall receive less than which have comprehensive programs for the health, injury control, and motor carrier $225,000, subject to the availability of appro- prevention of such operations of motor vehi- communities) of highway safety and traffic priations.’’. cles. records databases; (g) OCCUPANT PROTECTION PROGRAM.— ‘‘(F) REDUCING DRIVING WITH A SUSPENDED ‘‘(ii) completed within the preceding 5 (1) IN GENERAL.—Section 410 of title 23, LICENSE.—The State enacts and enforces a years a highway safety data and traffic United States Code, is amended to read as law to reduce driving with a suspended li- records assessment or audit of its highway follows: cense. Such law, as determined by the Sec- safety data and traffic records system; and ‘‘§ 410. Safety belts and occupant protection retary, may require a ‘zebra’ stripe that is ‘‘(iii) initiated the development of a multi- program clearly visible on the license plate of any year highway safety data and traffic records ‘‘The Secretary shall make basic grants to motor vehicle owned and operated by a driv- strategic plan to be approved by the High- those States that adopt and implement effec- er with a suspended license. way Safety Data and Traffic Records Coordi- tive programs to reduce highway deaths and ‘‘(G) EFFECTIVE DWI TRACKING SYSTEM.— nating Committee that identifies and injuries resulting from persons riding unre- The State demonstrates an effective driving prioritizes its highway safety data and traf- strained or improperly restrained in motor while intoxicated (DWI) tracking system. fic records needs and goals, and that identi- vehicles. A State may establish its eligi- Such a system, as determined by the Sec- fies performance-based measures by which bility for one or both of the grants by adopt- retary, may include data covering arrests, progress toward those goals will be deter- ing or demonstrating the following to the case prosecutions, court dispositions and mined; or satisfaction of the Secretary: sanctions, and provide for the linkage of ‘‘(B) Provides, to the satisfaction of the ‘‘(1) BASIC GRANT A.—At least 4 of the fol- such data and traffic records systems to ap- Secretary— lowing: propriate jurisdictions and offices within the ‘‘(i) certification that it has met the provi- ‘‘(A) SAFETY BELT USE LAW FOR ALL FRONT State. sions outlined in clauses (A)(i) and (A)(ii) of SEAT OCCUPANTS.—The State has in effect a ‘‘(H) ASSESSMENT OF PERSONS CONVICTED subparagraph (A) of this paragraph; safety belt use law that makes unlawful OF ABUSE OF CONTROLLED SUBSTANCES; AS- ‘‘(ii) a multi-year plan that identifies and throughout the State the operation of a pas- SIGNMENT OF TREATMENT FOR ALL DWI/DUI prioritizes the State’s highway safety data senger motor vehicle whenever a person in OFFENDERS.—The State provides for assess- and traffic records needs and goals, that the front seat of the vehicle (other than a ment of individuals convicted of driving specifies how its incentive funds for the fis- child who is secured in a child restraint sys- while intoxicated or driving under the influ- cal year will be used to address those needs tem) does not have a safety belt properly se- ence of alcohol or controlled substances, and and the goals of the plan, and that identifies cured about the person’s body. for the assignment of appropriate treatment. performance-based measures by which ‘‘(B) PRIMARY SAFETY BELT USE LAW.—The ‘‘(I) USE OF PASSIVE ALCOHOL SENATORS.— State provides for primary enforcement of progress toward those goals will be deter- The State provides for a program to acquire its safety belt use law. mined; and passive alcohol sensors to be used by police ‘‘(C) CHILD PASSENGER PROTECTION LAW.— officers in detecting persons who operate ‘‘(iii) certification that the Highway Safe- The State has in effect a law that requires motor vehicles while under the influence of ty Data and Traffic Records Coordinating minors who are riding in a passenger motor alcohol, and to train police officers in the Committee continues to operate and sup- vehicle to be properly secured in a child safe- use of that equipment. ports the multi-year plan described in clause ty seat or other appropriate restraint sys- ‘‘(J) EFFECTIVE PENALTIES FOR PROVISION (B)(ii) of this subparagraph. tem. OR SALE OF ALCOHOL TO PERSONS UNDER 21.— ‘‘(2) FIRST-YEAR GRANT AMOUNT.—The ‘‘(D) CHILD OCCUPANT PROTECTION EDU- The State enacts and enforces a law that amount of a first-year grant made for State CATION PROGRAM.—The State demonstrates provides for effective penalties or other con- highway safety data and traffic records im- implemention of a statewide comprehensive sequences for the sale or provision of alco- provements for any fiscal year to any State child occupant protection education program holic beverages to any individual under 21 eligible for such a grant under subparagraph that includes education about proper seating years of age. The Secretary shall determine (1)(A) of paragraph (A) of this subsection positions for children in air bag equipped what penalties are effective. shall equal $1,000,000, subject to the avail- motor vehicles and instruction on how to re- ‘‘(6) DEFINITIONS.—For the purpose of this ability of appropriations, and for any State duce the improper use of child restraints sys- subsection, the following definitions apply: eligible for such a grant under subparagraph tems. The states are to submit to the Sec- ‘‘(A) ‘Alcoholic beverage’ has the meaning (1)(B) of this subsection shall equal a propor- retary an evaluation or report on the effec- such term has under section 158(c) of this tional amount of the amount apportioned to tiveness of the programs at least three years title. the State for fiscal year 1997 under section after receipt of the grant.

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‘‘(E) MINIMUM FINES.—The State requires a (2) CONFORMING AMENDMENT.—The chapter agency. The department or agency may re- minimum fine of at least $25 for violations of analysis for chapter 4 of that chapter is ceive the information, provided it transmits its safety belt use law and a minimum fine of amended by striking the item relating to to the Secretary a report regarding any indi- at least $25 for violations of its child pas- section 410 and inserting the following: vidual who is denied a motor vehicle opera- senger protection law. ‘‘410. Safety belts and occupant protection tor’s license by that department or agency ‘‘(F) SPECIAL TRAFFIC ENFORCEMENT PRO- program’’. for cause; whose motor vehicle operator’s li- GRAM.—The State demonstrates implementa- cense is revoked, suspended or canceled by (h) DRUGGED DRIVER RESEARCH AND DEM- tion of a statwide Special Traffic Enforce- that department or agency for cause; or ONSTRATION PROGRAM.—Section 403(b) of title ment Program for occupant protection that about whom the department or agency has emphasizes publicity for the program. 23, United States Code, is amended— (1) by inserting ‘‘(1)’’ before ‘‘In addition’’; been notified of a conviction of any of the ‘‘(2) BASIC GRANT B.—Both of the following: motor vehicle-related offenses or comparable ‘‘(A) STATE SAFETY BELT USE RATE.—The (2) by striking ‘‘is authorized to’’ and in- offenses listed in subsection 30304(a)(3) and State demonstrates a statewide safety belt serting ‘‘shall’’; over whom the department or agency has li- use rate in both front outboard seating posi- (3) by redesignating paragraphs (1) and (2) censing authority. The report shall contain tions in all passenger motor vehicles of 80 as subparagraphs (A) and (B); and the information specified in subsection percent or higher in each of the first 3 years (4) by inserting after subparagraph (B), as 30304(b). a grant under this paragraph is received, and redesignated, the following: ‘‘(8) The head of a Federal department or of 85 percent or higher in each of the fourth, ‘‘(C) Measures that may deter drugged agency authorized to receive information re- fifth, and sixth years a grant under this driving.’’. garding an individual from the Register paragraph is received. SEC. 102. NATIONAL DRIVER REGISTER. under this section may request and receive ‘‘(B) SURVEY METHOD.—The State follows (a) TRANSFER OF SELECTED FUNCTIONS TO safety belt use survey methods which con- such information from the Secretary.’’; NON-FEDERAL MANAGEMENT.—Section 30302 is (3) by redesignating paragraphs (7) and (8) form to guidelines issued by the Secretary amended by adding at the end thereof the ensuring that such measurements are accu- as paragraphs (9) and (10); and following: (4) by striking ‘‘paragraph (2)’’ in para- rate and representative. ‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO graph (10), as redesignated, and inserting ‘‘(3) BASIC GRANT AMOUNT.—The amount of NON-FEDERAL MANAGEMENT.—(1) The Sec- ‘‘subsection (a) of this section’’. each basic grant for which a State qualifies retary may enter into an agreement with an under this subsection for any fiscal year SEC. 103. AUTHORIZATIONS OF APPROPRIA- organization that represents the interests of TIONS. shall equal up to 20 percent of the amount the States to manage, administer, and oper- apportioned to the State for fiscal year 1997 (a) HIGHWAY SAFETY PROGRAMS.—The fol- ate the National Driver Register’s computer lowing sums are authorized to be appro- under section 402 of this title. timeshare and user assistance functions. If ‘‘(4) OCCUPANT PROTECTION PROGRAM: SUP- priated out of the Highway Trust Fund the Secretary decides to enter into such an PLEMENTAL GRANTS.—During the period in (other than the Mass Transit Account): agreement, the Secretary shall ensure that which a State is eligible for a basic grant (1) CONSOLIDATED STATE HIGHWAY SAFETY the management of these functions is com- under this subsection, the State shall be eli- PROGRAMS.— patible with this chapter and the regulations gible to receive a supplemental grant in a (A) For carrying out the State and Com- issued to implement this chapter. fiscal year of up to 5 percent of the amount munity Highway Safety Program under sec- ‘‘(2) Any transfer of the National Driver apportioned to the State in fiscal year 1997 tion 402 of title 23, United States Code, by Register’s computer timeshare and user as- under section 402 of this title. The State may the National Highway Traffic Safety Admin- sistance functions to an organization that receive a separate supplemental grant for istration, except for the incentive programs represents the interests of the States shall meeting each of the following criteria: under subsection (l) of that section— begin only after a determination is made by ‘‘(A) PENALTY POINTS AGAINST A DRIVER’S (i) $117,858,000 for fiscal year 1998; LICENSE FOR VIOLATIONS OF CHILD PASSENGER the Secretary that all States are partici- (ii) $123,492,000 for fiscal year 1999; (iii) $126,877,000 for fiscal year 2000; PROTECTION REQUIREMENTS.—The State has pating in the National Driver Register’s (iv) $130,355,000 for fiscal year 2001; in effect a law that requires the imposition ‘Problem Driver Pointer System’ (the sys- tem used by the Register to effect the ex- (v) $133,759,000 for fiscal year 2002; and of penalty points against a driver’s license (vi) $141,803,000 for fiscal year 2003. for violations of child passenger protection change of motor vehicle driving records), and that the system is functioning properly. (B) To carry out the alcohol-impaired driv- requirements. ing countermeasures incentive grant provi- ‘‘(B) ELIMINATION OF NON-MEDICAL EXEMP- ‘‘(3) The agreement entered into under this sions of section 402(l) of title 23, United TIONS TO SAFETY BELT AND CHILD PASSENGER subsection shall include a provision for a States Code, by the National Highway Traf- PROTECTION LAWS.—The State has in effect transition period sufficient to allow the fic Safety Administration— safety belt and child passenger protection States to make the budgetary and legislative changes they may need to pay fees charged (i) $30,570,000 for fiscal year 1998; laws that contain no nonmedical exemp- (ii) $28,500,000 for fiscal year 1999; by the organization representing their inter- tions. (iii) $29,273,000 for fiscal year 2000; (C) SAFETY BELT USE IN REAR SEATS.—The ests for their use of the National Driver Reg- (iv) $30,065,000 for fiscal year 2001; State has in effect a law that requires safety ister’s computer timeshare and user assist- (v) $38,743,000 for fiscal year 2002; and belt use by all rear-seat passengers in all ance functions. During this transition pe- (vi) $39,815,000 for fiscal year 2003. Amounts passenger motor vehicles with a rear seat. riod, the Secretary (through the National made available to carry out subsection (l) ‘‘(5) DEFINITIONS.—As used in this sub- Highway Traffic Safety Administration) are authorized to remain available until ex- section— shall continue to fund these transferred pended, provided that, in each fiscal year the ‘‘(A) ‘child safety seat’ means any device functions. Secretary may reallocate any amounts re- except safety belts, designed for use in a ‘‘(4) The total of the fees charged by the or- maining available under subsection (l) of sec- motor vehicle to restrain, seat, or position ganization representing the interests of the tion 402 of title 23, United States Code, as children who weigh 50 pounds or less. States in any fiscal year for the use of the necessary to ensure, to the maximum extent ‘‘(B) ‘Motor vehicle’ means a vehicle driven National Driver Register’s computer or drawn by mechanical power and manufac- possible, that States may receive the max- timeshare and user assistance functions imum incentive funding for which they are tured primarily for use on public streets, shall not exceed the total cost to the organi- roads, and highways, but does not include a eligible under these programs. zation for performing these functions in such (C) To carry out the occupant protection vehicle operated only on a rail line. fiscal year. ‘‘(C) ‘Multipurpose passenger vehicle’ program incentive grant provisions of sec- ‘‘(5) Nothing in this subsection shall be tion 410 of title 23, United States Code, by means a motor vehicle with motive power construed to diminish, limit, or otherwise af- (except a trailer), designed to carry not more the National Highway Traffic Safety Admin- fect the authority of the Secretary to carry than 10 individuals, that is constructed ei- istration— out this chapter.’’. ther on a truck chassis or with special fea- (i) $13,950,000 for fiscal year 1998; (b) ACCESS TO REGISTER INFORMATION.— tures for occasional off-road operation. (ii) $14,618,000 for fiscal year 1999; Section 30305(b) is amended by— ‘‘(D) ‘Passenger car’ means a motor vehicle (iii) $15,012,000 for fiscal year 2000; (1) by striking ‘‘request.’’ in paragraph (2) with motive power (except a multipurpose (iv) $15,418,000 for fiscal year 2001; and inserting the following: ‘‘request, unless (v) $17,640,000 for fiscal year 2002; and passenger vehicle, motorcycle, or trailer) de- the information is about a revocation or sus- (vi) $17,706,000 for fiscal year 2003. Amounts signed to carry not more than 10 individuals. ‘‘(E) ‘Passenger motor vehicle’ means a pension still in effect on the date of the re- made available to carry out subsection (m) passenger car or a multipurpose passenger quest’’; are authorized to remain available until ex- motor vehicle. (2) by inserting after paragraph (6) the fol- pended, provided that, in each fiscal year the ‘‘(F) ‘Safety belt’ means— lowing: Secretary may reallocate any amounts re- ‘‘(i) with respect to open-body passenger ‘‘(7) The head of a Federal department or maining available under subsection (m) to vehicles, including convertibles, an occupant agency that issues motor vehicle operator’s subsections (l), (n), and (o) of section 402 of restraint system consisting of a lap belt or a licenses may request the chief driver licens- title 23, United States Code, as necessary to lap belt and a detachable shoulder belt; and ing official of a State to obtain information ensure, to the maximum extent possible, ‘‘(ii) with respect to other passenger vehi- under subsection (a) of this section about an that States may receive the maximum in- cles, an occupant restraint system consisting individual applicant for a motor vehicle op- centive funding for which they are eligible of integrated lap and shoulder belts.’’. erator’s license from such department or under these programs.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10978 CONGRESSIONAL RECORD — SENATE October 22, 1997 (D) To carry out the State highway safety crashed into a barrier using unbelted 50th trained State and local emergency response data improvements incentive grant provi- percentile adult male dummies is hereby sus- personnel is required; sions of subsection 402(n) of title 23, United pended. ‘‘(7) the movement of hazardous materials States Code, by the National Highway Traf- (b) RULEMAKING TO PROTECT CHILDREN.— in commerce is necessary and desirable to fic Safety Administration— (1) IN GENERAL.—Not later than June 1, maintain economic vitality and meet con- (i) $8,370,000 for fiscal year 1998; 1998, the Secretary of Transportation shall sumer demands, and shall be conducted in a (ii) $8,770,000 for fiscal year 1999; issue a notice of proposed rulemaking to safe and efficient manner; (iii) $9,007,000 for fiscal year 2000; and amend and improve the occupant protection ‘‘(8) primary authority for the regulation (iv) $9,250,000 for fiscal year 2001. Amounts provided by Federal Motor Vehicle Safety of such transportation should be consoli- made available to carry out subsection (n) Standard No. 208. The notice shall propose dated in the Department of Transportation are authorized to remain available until ex- that air bags provide protection to individ- to ensure the safe and efficient movement of pended. uals according to the following priorities: hazardous materials in commerce; and (E) To carry out the drugged driving re- (A) FIRST PRIORITY.—To minimize the risk ‘‘(9) emergency response personnel have a search and demonstration programs of sec- of harm to children from air bags. continuing need for training on responses to tion 403(b)(1) of title 23, United States Code, (B) SECOND PRIORITY.—To improve protec- releases of hazardous materials in transpor- by the National Highway Traffic Safety Ad- tion for belted occupants. tation and small businesses have a con- ministration, $2,000,000 for each of fiscal (C) THIRD PRIORITY.—To protect unbelted tinuing need for training on compliance with years 1999, 2000, 2001, 2002, and 2003. occupants to the extent reasonable and prac- hazardous materials regulations. Amounts made available to carry out sub- ticable, consistent with minimizing the risk ‘‘(b) PURPOSES.—The purposes of this chap- section (o) are authorized to remain avail- to children. ter are— able until expended, provided that, in each (2) METHODS TO ENSURE PROTECTION.—Not- ‘‘(1) to ensure the safe and efficient trans- fiscal year the Secretary may reallocate any withstanding subsection (a), the notice re- portation of hazardous materials in intra- amounts remaining available under sub- quired by paragraph (a) may include such state, interstate, and foreign commerce, in- section (o) to subsections (l), (m), and (n) of static and dynamic tests as the Secretary de- cluding the loading, unloading, and inci- section 402 of title 23, United States Code, as termines to be reasonable, practicable, and dental storage of hazardous material; necessary to ensure, to the maximum extent appropriate to ensure the safety of children, ‘‘(2) to provide the Secretary with preemp- possible, that States may receive the max- especially those who are unbelted and out of tion authority to achieve uniform regulation imum incentive funding for which they are position, as well as the safety of other vehi- of hazardous material transportation, to eligible under these programs. cle occupants, consistent with the priorities eliminate inconsistent rules that apply dif- (2) SECTION 403 HIGHWAY SAFETY AND RE- set forth in paragraph (1). ferently from Federal rules, to ensure effi- SEARCH.—For carrying out the functions of (3) FINAL RULE.—The Secretary shall com- cient movement of hazardous materials in the Secretary, by the National Highway plete the rulemaking required by this sub- commerce, and to promote the national Traffic Safety Administration, for highway section by issuing, not later than June 1, health, welfare, and safety; and safety under section 403 of title 23, United 1999, a final rule consistent with paragraphs ‘‘(3) to provide adequate training for public States Code, there are authorized to be ap- (1) and (2) of this subsection. The Secretary sector emergency response teams to ensure propriated $60,100,000 for each of fiscal years may extend the period for issuing the final safe responses to hazardous material trans- 1998, 1999, 2000, 2001, and 2002, and $61,700,000 rule for not more than 6 months. If the Sec- portation accidents and incidents.’’. for fiscal year 2003. retary extends that period, then the Sec- (b) DEFINITIONS.—Section 5102 is amended (3) PUBLIC EDUCATION EFFORT.—Out of funds retary shall state the reasons for the exten- by— made available for carrying out programs sion in the notice of extension. (1) striking paragraph (1) and inserting the under section 403 of title 23, United States TITLE II—HAZARDOUS MATERIALS following: ‘‘(1) ‘commerce’ means trade or transpor- Code, for each of fiscal years 1998, 1999, 2000, TRANSPORTATION REAUTHORIZATION tation in the jurisdiction of the United 2001, 2002, and 2003, the Secretary of Trans- SEC. 201. FINDINGS AND PURPOSES; DEFINI- States— portation shall obligate at least $500,000 to TIONS. ‘‘(A) between a place in a State and a place educate the motoring public on how to share (a) FINDINGS AND PURPOSES.—Section 5101 outside of the State; the road safely with commercial motor vehi- is amended to read as follows: ‘‘(B) that affects trade or transportation cles. ‘‘§ 5101. Findings and purposes between a place in a State and a place out- (4) NATIONAL DRIVER REGISTER.—For car- side of the State; or rying out chapter 303 (National Driver Reg- ‘‘(a) FINDINGS.—The Congress finds with re- spect to hazardous materials transportation ‘‘(C) on a United States-registered air- ister) of title 49, United States Code, by the craft.’’; National Highway Traffic Safety Adminis- that— ‘‘(1) approximately 4 billion tons of regu- (2) by striking paragraphs (3) and (4) and tration— lated hazardous materials are transported inserting the following: (i) $1,605,000 for fiscal year 1998; each year and that approximately 500,000 ‘‘(3) ‘hazmat employee’ means an indi- (ii) $1,680,000 for fiscal year 1999; movements of hazardous materials occur vidual who— (iii) $1,726,000 for fiscal year 2000; each day, according to the Department of ‘‘(A) is— (iv) $1,772,000 for fiscal year 2001; Transportation estimates; ‘‘(i) employed by a hazmat employer, (v) $1,817,000 for fiscal year 2002; and ‘‘(2) accidents involving the release of haz- ‘‘(ii) self-employed, or (vi) $1,872,000 for fiscal year 2003. ardous materials are a serious threat to pub- ‘‘(iii) an owner-operator of a motor vehicle; SEC. 104. AIRBAGS. lic health and safety; and (a) RULEMAKING PROCEDURE REQUIRED FOR ‘‘(3) many States and localities have en- ‘‘(B) during the course of employment— ‘‘(i) loads, unloads, or handles hazardous DEPLOYMENT THRESHOLD DETERMINATION.— acted laws and regulations that vary from material; Before establishing a threshold for the de- Federal laws and regulations pertaining to ‘‘(ii) manufactures, reconditions, or tests ployment on impact of a passive passenger the transportation of hazardous materials, containers, drums, or other packagings rep- restraint system in passenger motor vehicles thereby creating the potential for unreason- resented as qualified for use in transporting under any provision of law, the Secretary able hazards in other jurisdictions and con- hazardous material; shall provide notice and an opportunity for founding shippers and carriers that attempt public comment. ‘‘(iii) performs any function pertaining to to comply with multiple and conflicting reg- the offering of hazardous material for trans- (b) DEPARTMENT OF TRANSPORTATION TO istration, permitting, routings, notification, DETERMINE ELIGIBILITY FOR ON/OFF SWITCH.— portation; loading, unloading, incidental storage, and ‘‘(iv) is responsible for the safety of trans- If the Secretary of Transportation, under other regulatory requirements; any provision of law, permits the employ- porting hazardous material; or ‘‘(4) because of the potential risks to life, ‘‘(v) operates a vehicle used to transport ment of a device or switch to activate or de- property and the environment posed by unin- activate a passive passenger restraint sys- hazardous material. tentional releases of hazardous materials, ‘‘(4) ‘hazmat employer’ means a person tem installed in passenger motor vehicles consistency in laws and regulations gov- who— and establishes criteria for the determina- erning the transportation of hazardous mate- ‘‘(A) either— tion of what individuals or classes of individ- rials, including loading, unloading, and inci- ‘‘(i) is self-employed, uals are eligible to use that device or switch, dental storage, is necessary and desirable; ‘‘(ii) is an owner-operator of a motor vehi- then that determination shall be made by ‘‘(5) in order to achieve greater uniformity cle; and the Secretary. and to promote the public health, welfare, ‘‘(iii) has at least one employee; and SEC. 105. PROTECTION OF CHILDREN FROM AIR- and safety at all levels, Federal standards for ‘‘(B) performs a function, or uses at least BAG HARM. regulating the transportation of hazardous one employee, in connection with— (a) SUSPENSION OF UNBELTED BARRIER materials in intrastate, interstate, and for- ‘‘(i) transporting hazardous material in TESTING.—The provision in Federal Motor eign commerce are necessary and desirable; commerce; Vehicle Safety Standard No. 208 set forth at ‘‘(6) in order to provide reasonable, ade- ‘‘(ii) causing hazardous material to be section 571.208 of the Department of Trans- quate, and cost-effective protection from the transported in commerce, or portation Regulations (49 C.F.R. 571.208) re- risks posed by the transportation of haz- ‘‘(iii) manufacturing, reconditioning, or quiring air bag-equipped vehicles to be ardous materials, a network of adequately testing containers, drums, or other

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packagings represented as qualified for use (1) by striking ‘‘DEVELOPMENT AND UPDAT- fore subsection (d), as redesignated, the fol- in transporting hazardous material.’’; ING.—Not later than November 16, 1992, in’’ lowing: (3) by striking ‘‘title.’’ in paragraph (7) and in subsection (a) and inserting ‘‘UPDATING.— ‘‘(a) GENERAL AUTHORITY.—To carry out inserting ‘‘title, except that a freight for- In’’; this chapter, the Secretary of Transpor- warder is included only in performing a func- (2) by striking ‘‘develop and’’ in the first tation may investigate, make reports, issue tion related to highway transportation’’; sentence of subsection (a); subpoenas, conduct hearings, require the (4) by redesignating paragraphs (9) through (3) by striking the second sentence of sub- production of records and property, take (13) as paragraphs (12) through (16); section (a); depositions, and conduct research, develop- (5) by inserting after paragraph (8) the fol- (4) by striking ‘‘developed’’ in the first sen- ment, demonstration, and training activi- lowing: tence of subsection (b); ties. After notice and an opportunity for a ‘‘(9) ‘out-of-service order’ means a mandate (5) by inserting ‘‘or involving an alter- hearing, the Secretary may issue an order that an aircraft, vessel, motor vehicle, train, native fuel vehicle’’ after ‘‘material’’ in sub- requiring compliance with this chapter or a other vehicle, or a part of any of these, not paragraphs (A) and (B) of subsection (b)(1); regulation prescribed under this chapter. be moved until specified conditions have and ‘‘(b) RECORDS, REPORTS, AND INFORMA- been met. (6) by striking subsection (d) and inserting TION.—A person subject to this chapter ‘‘(10) ‘package’ or ‘outside package’ means the following: shall— ‘‘(1) maintain records, make reports, and a packaging plus its contents. ‘‘(d) DISTRUBUTION AND PUBLICATION.—With provide information the Secretary by regula- ‘‘(11) ‘packaging’ means a receptacle and the national response team, the Secretary of any other components or materials nec- tion or order requires; and Transportation may publish a list of pro- ‘‘(2) make the records, reports, and infor- essary for the receptacle to perform its con- grams that use a course developed under this tainment function in conformance with the mation available when the Secretary re- section for training public sector employees quests. minimum packaging requirements estab- to respond to an accident or incident involv- ‘‘(c) INSPECTION.— lished by the Secretary of Transportation.’’; ing the transportation of hazardous mate- ‘‘(1) The Secretary may authorize an offi- and rials.’’. cer, employee, or agent to inspect, at a rea- (6) by striking ‘‘or transporting hazardous SEC. 208. PLANNING AND TRAINING GRANTS. sonable time and in a reasonable way, material to further a commercial enter- Section 5116 is amended by— records and property related to— prise;’’ in paragraph 12(A), as redesignated (1) by striking ‘‘of’’ in the second sentence ‘‘(A) manufacturing, fabricating, marking, by paragraph (4) of this subsection, and in- of subsection (e) and inserting ‘‘received by’’; maintaining, reconditioning, repairing, test- serting a comma and ‘‘transporting haz- (2) by striking subsection (f) and inserting ing, or distributing a packaging or a con- ardous material to further a commercial en- the following: tainer for use by a person in transporting terprise, or manufacturing, reconditioning, ‘‘(f) MONITORING AND TECHNICAL ASSIST- hazardous material in commerce; or or testing containers, drums, or other pack- ANCE.—The Secretary of Transportation ‘‘(B) the transportation of hazardous mate- agings represented as qualified for use in shall monitor public sector emergency re- rial in commerce. transporting hazardous material’’. ‘‘(2) An officer, employee, or agent under sponse planning and training for an accident (c) CLERICAL AMENDMENT.—The chapter this subsection shall display proper creden- or incident involving hazardous material, analysis of chapter 51 is amended by striking tials when requested.’’. Considering the results of the monitoring, the item relating to section 5101 and insert- the Secretary shall provide technical assist- SEC. 211. COOPERATIVE AGREEMENTS. ing the following: ance to a State, political subdivision of a Section 5121, as amended by section 310(a), is further amended by adding at the end ‘‘5101. Findings and purposes’’. State and Indian tribe for carrying out emer- thereof the following: SEC. 202. HANDLING CRITERIA REPEAL. gency response training and planning for an ‘‘(c) AUTHORITY FOR COOPERATIVE AGREE- Section 5106 is repealed and the chapter accident or incident involving hazardous ma- MENTS.—To carry out this chapter, the Sec- analysis of chapter 51 is amended by striking terial and shall coordinate the assistance the item relating to that section retary may enter into grants, cooperative using the existing coordinating mechanisms agreements, and other transactions with a SEC. 203 HAZMAT EMPLOYEE TRAINING RE- of the National Response Team for Oil and person, agency or instrumentality of the QUIREMENTS. Hazardous Substances and, for radioactive United States, a unit of State or local gov- Section 5107(f)(2) is amended by striking material, the Federal Radiological Prepared- ernment, an Indian tribe, a foreign govern- ‘‘and sections 5106, 5108(a)–(g)(1) and (h), ness Coordinating Committee.’’; and ment (in coordination with the State Depart- and’’. (3) by adding at the end thereof the fol- ment), an educational institution, or other SEC. 204. REGISTRATION. lowing: entity to further the objectives of this chap- Section 5108 is amended by ‘‘(l) SMALL BUSINESSES.—The Secretary ter. The objectives of this chapter include (1) by striking subsection (b)(1)(C) and in- may authorize a State or Indian tribe receiv- the conduct of research, development, dem- serting the following: ing a grant under this section to use up to 25 onstration, risk assessment, emergency re- ‘‘(C) each State in which the person carries percent of the amount of the grant to assist sponse planning and training activities.’’. out any of the activities.’’; small businesses in complying with regula- SEC. 212. ENFORCEMENT. (2) by striking subsection (c) and inserting tions issued under this chapter.’’. Section 5122, as amended by section 310(b), the following: SEC. 209. SPECIAL PERMITS AND EXCLUSIONS. is further amended by— ‘‘(c) FILING SCHEDULE.—Each person re- (a) Section 5117 is amended by— (1) by inserting ‘‘inspect,’’ after ‘‘may’’ in quired to file a registration statement under (1) by striking the section caption and in- the first sentence of subsection (a); subsection (a) of this section shall file that serting the following: (2) by striking the last sentence of sub- statement annually in accordance with regu- ‘‘§ 5117. Special permits and exclusions’’; section (a) and inserting: ‘‘Except as pro- lations issued by the Secretary.’’; vided in subsection (e) of this section, the (3) by striking ‘‘552(f)’’ in subsection (f) and (2) by striking ‘‘exemption’’ each place it Secretary shall provide notice and an oppor- inserting ‘‘552(b)’’; appears and inserting ‘‘special permit’’; tunity for a hearing prior to issuing an order (4) by striking ‘‘may’’ in subsection (g)(1) (3) by inserting ‘‘authorizing variances’’ requiring compliance with this chapter or a and inserting ‘‘shall’’; and after ‘‘special permit’’ the first place it ap- regulation, order, special permit, or approval (5) by inserting ‘‘or an Indian tribe,’’ in pears; and issued under this chapter.’’; subsection (1)(2)(B) after ‘‘State,’’. (4) by striking ‘‘2’’ and inserting ‘‘4’’ in (2) by redesignating subsections (d), (e) and SEC. 205. SHIPPING PAPER RETENTION. subsection (a)(2). (f) as subsections (f), (g) and (h), and insert- Section 5110(e) is amended by striking the (b) Section 5119(c) is amended by adding at ing after subsection (c) the following: first sentence and inserting ‘‘After expira- the end thereof the following: ‘‘(d) OTHER AUTHORITY.— tion of the requirement in subsection (c) of ‘‘(4) Pending promulgation of regulations ‘‘(1) INSPECTION.—During inspections and this section, the person who provided the under this subsection, States may partici- investigations, officers, employees, or agents shipping paper and the carrier required to pate in a program of uniform forms and pro- of the Secretary may— maintain it under subsection (a) of this sec- cedures recommended by the working group ‘‘(A) open and examine the contents of a tion shall retain the paper or an electronic under subsection (b).’’ package offered for, or in, transportation image thereof, for a period of 1 year after the (c) The chapter analysis for chapter 51 is when— ‘‘(i) the package is marked, labeled, cer- shipping paper was provided to the carrier, amended by striking the item related to sec- tified, placarded, or otherwise represented as to be accessible through their respective tion 5117 and inserting the following: containing a hazardous material, or principal places of business.’’. ‘‘5117. Special permits and exclusions’’. ‘‘(ii) there is an objectively reasonable and SEC. 206. UNSATISFACTORY SAFETY RATING. SEC. 210. ADMINISTRATION. articulable belief that the package may con- Section 5113(d) is amended by striking (a) Section 5121 is amended by striking tain a hazardous material; ‘‘Secretary, in consultation with the Inter- subsections (a), (b), and (c) and redesignating ‘‘(B) take a sample, sufficient for analysis, state Commerce Commission,’’ and inserting subsections (d) and (e) as subsections (a) and of material marked or represented as a haz- ‘‘Secretary’’. (b). ardous material or for which there is an ob- SEC. 207. PUBLIC SECTOR TRAINING CUR- (b) Section 5122 is amended by redesig- jectively reasonable and articulable belief RICULUM. nating subsections (a), (b), and (c) as sub- that the material may be a hazardous mate- Section 5115 is amended by— sections (d), (e), and (f), and by inserting be- rial, and analyze that material;

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(a) IN GENERAL.—Chapter 51, as amended portation of the material until the hazardous (b) DEADWOOD.—Section 5125(b)(2) is by section 215 of this Act, is amended by re- qualities of that material have been deter- amended by striking ‘‘prescribes after No- designating section 5128 as section 5129 and mined; and vember 16, 1990.’’ and inserting ‘‘prescribes.’’. by inserting after section 5127 the following: ‘‘(D) when safety might otherwise be com- (c) INDEPENDENT APPLICATION OF PREEMP- ‘‘§ 5128. High risk hazardous material; motor promised, authorize properly qualified per- TION STANDARDS.—Section 5125 is amended carrier safety study sonnel to conduct the examination, sam- by adding at the end thereof the following: ‘‘(a) STUDY.—The Secretary of Transpor- pling, or analysis of a material. ‘‘(h) INDEPENDENT APPLICATION OF EACH tation shall conduct a study— ‘‘(2) NOTIFICATION.—No package opened STANDARD.—Each preemption standard in ‘‘(1) to determine the safety benefits and pursuant to this subsection shall continue subsections (a), (b)(1), (c), and (g) of this sec- administrative efficiency of implementing a its transportation until the officer, em- tion and section 5119(c)(2) is independent in Federal permit program for high risk haz- ployee, or agent of the Secretary— its application to a requirement of any ardous material carriers; ‘‘(A) affixes a label to the package indi- State, political subdivision of a State, or In- ‘‘(2) to identify and evaluate alternative cating that the package was inspected pursu- dian tribe.’’. regulatory methods and procedures that may ant to this subsection; and SEC. 215. JUDICIAL REVIEW. ‘‘(B) notifies the shipper that the package improve the safety of high risk hazardous (a) Chapter 51 is amended by redesignating was opened for examination. material carriers and shippers; ‘‘(e) EMERGENCY ORDERS.— section 5127 as section 5128, and by inserting ‘‘(3) to examine the safety benefits of in- ‘‘(1) If, through testing, inspection, inves- after section 5126 the following new section: creased monitoring of high risk hazardous tigation, or research carried out under this ‘‘§ 5127. Judicial review material carriers, and the costs, benefits, chapter, the Secretary decides that an un- ‘‘(a) FILING AND VENUE.—Except as pro- and procedures of existing State permit pro- safe condition or practice, or a combination vided in section 20114(c) of this title, a person grams; of them, causes an emergency situation in- disclosing a substantial interest in a final ‘‘(4) to make such recommendations as volving a hazard of death, personal injury, or order issued, under the authority of section may be appropriate for the improvement of significant harm to the environment, the 5122 or 5123 of this title, by the Secretary of uniformity among existing State permit pro- Secretary may immediately issue or impose Transportation, the Administrators of the grams; and restrictions, prohibitions, recalls, or out-of- Research and Special Programs Administra- ‘‘(5) to assess the potential of advanced service orders, without notice or the oppor- tion, the Federal Aviation Administration, technologies for improving the assessment of tunity for a hearing, that may be necessary or the Federal Highway Administration, or high risk hazardous material carriers’ com- to abate the situation. the Commandant of the United States Coast pliance with motor carrier safety regula- ‘‘(2) The Secretary’s action under this sub- Guard (‘modal Administrator’), with respect tions. section must be in a written order describing to the duties and powers designated to be ‘‘(b) TIMEFRAME.—The Secretary shall the condition or practice, or combination of carried out by the Secretary under this chap- begin the study required by subsection (a) them, that causes the emergency situation; ter, may apply for review in the United within 6 months after the date of enactment stating the restrictions, prohibitions, re- States Court of Appeals for the District of of the Intermodal Transportation Safety Act calls, or out-of-service orders being issued or Columbia or in the court of appeals for the of 1997 and complete it within 30 months. imposed; and prescribing standards and pro- United States for the circuit in which the ‘‘(c) REPORT.—The Secretary shall report cedures for obtaining relief from the order. person resides or has its principal place of the findings of the study required by sub- ‘‘(3) After taking action under this sub- business. The petition must be filed not more section (a), together with such recommenda- section, the Secretary shall provide an op- tions as may be appropriate, within 36 portunity for review of that action under than 60 days after the order is issued. The court may allow the petition to be filed after months after the date of enactment of that section 554 of title 5. Act.’’. ‘‘(4) If a petition for review is filed and the the 60th day only if there are reasonable (b) SECTION 5109 REGULATIONS TO REFLECT review is not completed by the end of the 30- grounds for not filing by the 60th day. STUDY FINDINGS.—Section 5109(h) is amended day period beginning on the date the petition ‘‘(b) JUDICIAL PROCEDURES.—When a peti- by striking ‘‘not later than November 16, was filed, the action will cease to be effec- tion is filed under subsection (a) of this sec- 1991.’’ and inserting ‘‘based upon the findings tive at the end of that period unless the Sec- tion, the clerk of the court immediately of the study required by section 5128(a).’’. retary determines in writing that the emer- shall send a copy of the petition to the Sec- (c) CONFORMING AMENDMENT.—The chapter gency situation still exists.’’ retary or the modal Administrator, as appro- analysis for chapter 51, as amended by sec- SEC. 213. PENALTIES. priate. The Secretary or the modal Adminis- trator shall file with the court a record of tion 315, is amended by striking the item re- ‘‘(a) Section 5123(a)(1) is amended by strik- lating to section 5128 and inserting the fol- ing the first sentence and inserting the fol- any proceeding in which the order was lowing: lowing: ‘‘A person that knowingly violates issued, as provided in section 2112 of title 28. this chapter or a regulation, order, special ‘‘(c) AUTHORITY OF COURT.—When the peti- ‘‘5128. High risk hazardous material; motor permit, or approval issued under this chapter tion is sent to the Secretary or the modal carrier safety study is liable to the United States Government Administrator, the court has exclusive juris- ‘‘5129. Authorization of appropriations’’. for a civil penalty of at least $250 but not diction to affirm, amend, modify, or set SEC. 217. AUTHORIZATION OF APPROPRIATIONS. more than $27,500 for each violation.’’. aside any part of the order and may order Section 5129, as redesignated, is amended— ‘‘(b) Section 5123(c)(2) is amended to read the Secretary or the modal Administrator to (1) by striking subsection (a) and inserting as follows: conduct further proceedings. After reason- the following: ‘‘(2) with respect to the violator, the de- able notice to the Secretary or the modal ‘‘(a) GENERAL.—There are authorized to be gree of culpability, any good-faith efforts to Administrator, the court may grant interim appropriated to the Secretary of Transpor- comply with the applicable requirements, relief by staying the order or taking other tation to carry out this chapter (except sec- any history of prior violations, any economic appropriate action when good cause for its tions 5107(e), 5108(g)(2), 5113, 5115, and 5116) benefit resulting from the violation, the action exists. Findings of fact by the Sec- not more than— ability to pay, and any effect on the ability retary or the modal Administrator, if sup- ‘‘(1) $15,492,000 for fiscal year 1998; to continue to do business; and’’. ported by substantial evidence, are conclu- ‘‘(2) $16,000,000 for fiscal year 1999; (c) Section 5124 is amended to read as fol- sive. ‘‘(3) $16,500,000 for fiscal year 2000; lows: ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.— ‘‘(4) $17,000,000 for fiscal year 2001; ‘‘§ 5124. Criminal penalty In reviewing a final order under this section, ‘‘(5) $17,500,000 for fiscal year 2002; and ‘‘(a) IN GENERAL.—A person knowingly vio- the court may consider an objection to a ‘‘(6) $18,000,000 for fiscal year 2003.’’; and lating section 5104(b) of this title or willfully final order of the Secretary or the modal Ad- (2) by striking subsections (c) and (d) and violating this chapter or a regulation, order, ministrator only if the objection was made inserting the following: special permit, or approval issued under this in the course of a proceeding or review con- ‘‘(c) TRAINING CURRICULUM.—Not more chapter, shall be fined under title 18, impris- ducted by the Secretary, the modal Adminis- than $200,000 is available to the Secretary of oned for not more than 5 years, or both. trator, or an administrative law judge, or if Transportation from the account established ‘‘(b) AGGRAVATED VIOLATIONS.—A person there was a reasonable ground for not mak- under section 5116(i) of this title for each of knowingly violating section 5104(b) of this ing the objection in the proceeding. the fiscal years ending September 30, 1999– title or willfully violating this chapter or a ‘‘(e) SUPREME COURT REVIEW.—A decision 2003, to carry out section 5115 of this title. regulation, order, special permit, or approval by a court under this section may be re- ‘‘(d) PLANNING AND TRAINING.— issued under this chapter, and thereby caus- viewed only by the Supreme Court under sec- ‘‘(1) Not more than $2,444,000 is available to ing the release of a hazardous material, shall tion 1254 of title 28, United States Code.’’. the Secretary of Transportation from the ac- be fined under title 18, imprisoned for not (b) The chapter analysis for chapter 51 is count established under section 5116(i) of this more than 20 years, or both.’’. amended by striking the item related to sec- title for the fiscal year ending September 30, SEC. 214. PREEMPTION. tion 5127 and inserting the following: 1998, and such sums as may be necessary for (a) REQUIREMENTS CONTRARY TO PURPOSES ‘‘5127. Judicial review.’’. fiscal years 1999–2003, to carry out section OF CHAPTER.—Section 5125(a)(2) is amended ‘‘5128. Authorization of appropriations.’’. 5116(a) of this title.

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‘‘(2) Not more than $3,666,000 is available to ‘‘(2) STATE ONE-CALL NOTIFICATION PRO- for implementation of the program and the the Secretary of Transportation from the ac- GRAM—The term ‘‘State one-call notification record of compliance and enforcement under count established under section 5116(i) of this program’’ means the State statutes, regu- the program. title for the fiscal year ending September 30, lators, orders, judicial decisions, and other ‘‘(2) Based on the review under paragraph 1998, and such sums as may be necessary for elements of law and policy in effect in a (1), the Secretary shall determine whether fiscal years 1999–2003, to carry out section State that establish the requirements for the the State’s one-call notification program 5116(b) of this title. operation of one-call notification systems in meets the minimum standards for such a ‘‘(3) Not more than $600,000 is available to such State. program set forth in section 6103 in order to the Secretary of Transportation from the ac- ‘‘(3) STATE.—The term ‘State’ means a qualify for a grant under section 6106. count established under section 5116(i) of this State, the District of Columbia, and Puerto ‘‘(3) In order to expedite compliance under title for the fiscal year ending September 30, Rico. this section, the Secretary may consult with the State as to whether an existing State 1998, and such sums as may be necessary for ‘‘(4) SECRETARY.—The term ‘Secretary’ one-call notification program, a specific fiscal years 1999–2003, to carry out section means the Secretary of Transportation. modification thereof, or a proposed State 5116(f) of this title.’’. ‘‘§ 6103. Minimum standards for State one- program would result in a positive deter- TITLE III—COMPREHENSIVE ONE-CALL call notification programs mination under paragraph (2). NOTIFICATION (a) MINIMUM STANDARDS.—A State one-call ‘‘(4) The Secretary shall prescribe the form SEC. 301. FINDINGS. notification program shall, at a minimum, of, and manner of filing, an application The Congress finds that— provide for— under this section that shall provide suffi- (1) unintentional damage to underground (1) appropriate participation by all under cient information about a State’s one-call facilities during excavation is a significant ground facility operators; notification program for the Secretary to cause of disruptions in telecommunications, (2) appropriate participation by all exca- evaluate its overall effectiveness. Such infor- water supply, electric power and other vital vators; and mation may include the nature and reasons public services, such as hospital and air traf- ‘‘(3) flexible and effective enforcement for exceptions from required participation, fic control operations, and is a leading cause under State law with respect to participa- the types of enforcement available, and such of natural gas and hazardous liquid pipeline tion in, and use of, one-call notification sys- other information as the Secretary deems accidents; tems. necessary. (2) excavation that is performed without ‘‘(b) APPROPRIATE PARTICIPATION.—In de- ‘‘(5) The application of a State under para- prior notification to an underground facility termining the appropriate extent of partici- graph (1) and the record of actions of the Secretary under this section shall be avail- operator or with inaccurate marking of such pation required for types of underground fa- able to the public. a facility prior to excavation can cause dam- cilities or excavators under subsection (a), a ‘‘(c) ALTERNATIVE PROGRAM.—A State may age that results in fatalities, serious inju- State shall assess, rank, and take into con- sideration the risks to the public safety, the maintain an alternative once-call notifica- ries, harm to the environment and disrup- tion program if that program provides pro- tion of vital services to the public; and environment, excavators, and vital public services associated with— tection for public safety, the environment, (3) protection of the public and the envi- or excavators that is equivalent to, or great- ronment from the consequences of under- ‘‘(1) damage to types of underground facili- ties; and er than, protection under a program that ground facility damage caused by exca- meets the minimum standards set forth in vations will be enhanced by a coordinated ‘‘(2) activities of types of excavators. ‘‘(c) IMPLEMENTATION.—A State one-call section 6103. national effort to improve one-call notifica- notification program also shall, at a min- ‘‘(d) REPORT.—Within 3 years after the date tion programs in each State and the effec- imum, provide for— of the enactment of the Intermodal Trans- tiveness and efficiency of one-call notifica- ‘‘(1) consideration of the ranking of risks portation Safety Act of 1997, the Secretary tion systems that operate under such pro- under subsection (b) in the enforcement of shall begin to include the following informa- grams. its provisions; tion in reports submitted under section 60124 SEC. 302. ESTABLISHMENT OF ONE-CALL NOTIFI- ‘‘(2) a reasonable relationship between the of this title— CATION PROGRAMS. benefits of one-call notification and the cost ‘‘(1) a description of the extent to which (a) IN GENERAL.—Subtitle III is amended by of implementing and complying with the re- each State has adopted and implemented the adding at the end thereof the following: quirements of the State one-call notification minimum Federal standards under section ‘‘CHAPTER 61. ONE-CALL NOTIFICATION program; and 6103 or maintains an alternative program PROGRAMS ‘‘(3) voluntary participation where the under subsection (c); ‘‘(2) an analysis by the Secretary of the State determines that a type of underground ‘‘Sec. overall effectiveness of the State’s one-call facility or an activity of a type of excavator ‘‘6101. Purposes. notification program and the one-call notifi- poses a de minimis risk to public safety or the ‘‘6102. Definitions. cation systems operating under such pro- ‘‘6103. Minimum standards for State one-call environment. gram in achieving the purposes of this chap- ‘‘(d) PENALTIES.—To the extent the State notification programs ter; ‘‘6104. Compliance with minimum standards determines appropriate and necessary to ‘‘(3) the impact of the State’s decisions on ‘‘6105. Review of one-call system best prac- achieve the purposes of this chapter, a State the extent of required participation in one- tices one-call notification program shall, at a call notification systems on prevention of ‘‘6106. Grants to States minimum, provide for— damage to underground facilities; and ‘‘6107. Authorization of appropriations ‘‘(1) administrative or civil penalties com- ‘‘(4) areas where improvements are needed ‘§ 6101. Purposes. mensurate with the seriousness of a viola- in one-call notification systems in operation tion by an excavator or facility owner of a ‘‘The purposes of this chapter are— in the State. State one-call notification program; ‘‘(1) to enhance public safety; The report shall also include any rec- ‘‘(2) increased penalties for parties that re- ommendations the Secretary determines ap- ‘‘(2) to protect the environment; peatedly damage underground facilities be- ‘‘(3) to minimize risks to excavators; and propriate. If the Secretary determines that cause they fail to use one-call notification the purposes of this chapter have been sub- ‘‘(4) to prevent disruption of vital public systems or for parties that repeatedly fail to services, stantially achieved, no further report under provide timely and accurate marking after this section shall be required. by reducing the incidence of damage to un- the required call has been made to a one-call ‘‘§ 6105. Review of one-call system best prac- derground facilities during excavation notification system; tices through the adoption and efficient imple- ‘‘(3) reduced or waived penalties for a vio- mentation by all States of State one-call no- lation of a requirement of a State one-call ‘‘(a) STUDY OF EXISTING ONE-CALL SYS- tification programs that meet the minimum notification program that results in, or TEMS.—Except as provided in subsection (d), standards set forth under section 6103. could result in, damage that is promptly re- the Secretary, in consultation with other ap- propriate Federal agencies, State agencies, ‘‘§ 6102. Definitions. ported by the violator; one-call notification system operators, un- ‘‘For purposes of this chapter— ‘‘(4) equitable relief; and ‘‘(5) citation of violations. derground facility operators, excavators, and ‘‘(1) ONE-CALL NOTIFICATION SYSTEM.—The other interested parties, shall undertake a term ‘‘one-call notification system’’ means a ‘‘§ 6104. Compliance with minimum standards study of damage prevention practices associ- system operated by an organization that has ‘‘(a) REQUIREMENT.—In order to qualify for ated with existing one-call notification sys- as one of its purposes to receive notification a grant under section 6106, each State shall, tems. from excavators of intended excavation in a within 2 years after the date of the enact- ‘‘(b) PURPOSE OF STUDY OF DAMAGE PRE- specified area in order to disseminate such ment of the Intermodal Transportation Safe- VENTION PRACTICES.—The purpose of the notification to underground facility opera- ty Act of 1997, submit to the Secretary a study is to assemble information in order to tors that are members of the system so that grant application under subsection (b). determine which existing one-call notifica- such operators can locate and mark their fa- ‘‘(b) APPLICATION.— tion systems practices appear to be the most cilities on order to prevent damage to under- ‘‘(1) Upon application by a State, the Sec- effective in preventing damage to under- ground facilities in the course of such exca- retary shall review that State’s one-call no- ground facilities and in protecting the pub- vation. tification program, including the provisions lic, the environment, excavators, and public

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10982 CONGRESSIONAL RECORD — SENATE October 22, 1997 service disruption. As part of the study, the The studies may be carried out in coopera- intrastate or interstate charter bus trans- Secretary shall at a minimum consider— tion with research entities representing the portation.’’. ‘‘(1) the methods used by one-call notifica- motor carrier and travel plaza industry. The SEC. 419. FEDERAL MOTOR CARRIER SAFETY IN- tion systems and others to encourage par- studies shall be recompleted no later than 36 VESTIGATIONS. ticipation by excavators and owners of un- months after enactment of this Act. The Department of Transportation shall derground facilities; SEC. 416. NATIONAL MINIMUM DRINKING AGE— maintain the level of Federal motor carrier ‘‘(2) the methods by which one-call notifi- TECHNICAL CORRECTIONS safety investigators for border commercial cation systems promote awareness of their Section 158 of title 23, United States Code, vehicle inspections as in effect on September programs, including use of public service an- is amenmded— 30, 1997, or provide for alternative resources nouncements and educational materials and (1) by striking ‘‘104(b)(2), 104(b)(5), and and mechanisms to ensure an equivalent programs; 104(b)(6)’’ each place it appears in subsection level of commercial motor vehicle safety in- ‘‘(3) the methods by which one-call notifi- (a) and inserting ‘‘104(b)(3), and 104(b)(5)(B)’’; spections. Such funds as are necessary to cation systems receive and distribute infor- and carry out this section shall be made avail- mation from excavators and underground fa- (2) by striking subsection (b) and inserting able within the limitation on general oper- cility owners; the following: ating expenses of the Department of Trans- ‘‘(4) the use of any performance and service ‘‘(b) AVAILABILITY OF WITHHELD FUNDS.— portation. standards to verify the effectiveness of a No funds withheld under this section from SEC. 420. FOREIGN MOTOR CARRIER SAFETY FIT- one-call notification system; apportionment to any State after September NESS. ‘‘(5) the effectiveness and accuracy of map- 31, 1988, shall be available for apportionment (a) IN GENERAL.—No later than 90 days ping used by one-call notification systems; to such State.’’. after enactment of this Act, the Secretary of ‘‘(6) the relationship between one-call noti- SEC. 3417. APPLICATION OF REGULATIONS. Transportation shall make a determination fication systems and preventing intentional (a) APPLICATION OF REGULATIONS TO CER- regarding the willingness and ability of any damage to underground facilities; TAIN COMMERCIAL MOTOR VEHICLES.—Section foreign motor carrier, the application for 31135 as redesignated, is amended by adding which has not been processed due to the mor- * * * * * at the end thereof the following: atorium on the granting of authority to for- sections 31137 and 31138) or section 31502 of ‘‘(g) APPLICATION TO CERTAIN VEHICLES.— eign carriers to operate in the United States, this title about transportation by motor car- Effective 12 months after the date of enact- to meet the safety fitness and other regu- rier, motor carrier of migrant workers, or ment of the Intermodal Transportation Safe- latory requirements under this title. motor private carrier, or an officer, agent, or ty Act of 1997, regulations prescribed under (b) REPORT.—Within 120 days after the date employee of that person, who— this section shall apply to operators of com- of enactment this Act, the Secretary of ‘‘(I) does not make that report; mercial motor vehicles described in section Transportation shall submit a report to the ‘‘(II) does not specifically, completely, and 31132(1)(B) to the extent that those regula- Senate Commerce, Science, and Transpor- truthfully answer that question in 30 days tions did not apply to those operators before tation Committee and the House Transpor- from the date the Secretary requires the the day that is 12 months after such date of tation and Infrastructure Committee on the question to be answered or; enactment, except to the extent that the application of section 13902(c)(9) of title 49, ‘‘(III) does not make, prepare, or preserve Secretary determines, through a rulemaking United States Code. The report shall in- that record in the form and manner pre- proceeding, that it is appropriate to exempt clude— scribed by the Secretary, shall be liable to such operations of commercial motor vehi- (1) any findings made by the Secretary the United States for a civil penalty in an cles from the application of those regula- under subsection (a); amount not to exceed $500 for each offense, tions.’’. (2) information on which carriers have ap- and each day of the violation shall con- (b) DEFINITION.—Section 31301(4)(B) is plied to the Department of Transportation stitute a separate offense, except that the amended to read as follows: under the section; and total of all civil penalties assessed against ‘‘(B) is designed or used to transport— (3) a description of the process utilized to any violator for all offenses related to any ‘‘(i) passengers for compensation, but does respond to such applications and to certify single violation shall not exceed $5,000. not include a vehicle providing taxicab serv- the safety fitness of those carriers. ‘‘(ii) Any such person, or an officer, agent, ice and having a capacity of not more than SEC. 421. COMMERCIAL MOTOR VEHICLE SAFETY or employee of that person, who— 6 passengers and not operated on a regular ADVISORY COMMITTEE. ‘‘(I) knowingly falsifies, destroys, muti- route or between specified places; or (a) ESTABLISHMENT.—The Secretary of lates, or changes a required report or record; ‘‘(ii) more than 15 passengers, including Transportation may establish a Commercial ‘‘(II) knowingly files a false report with the the driver, and not used to transport pas- Motor Vehicle Safety Advisory Committee Secretary; sengers for compensation; or’’. to provide advice and recommendations on a ‘‘(III) knowingly makes or causes or per- (c) APPLICATION OF REGULATIONS TO CER- range of regulatory issues. The members of mits to be made a false or incomplete entry TAIN OPERATORS.— the advisory committee shall be appointed in that record about an operation or business (1) Chapter 313 is amended by adding at the by the Secretary from among individuals af- fact or transaction; or end thereof the following: fected by rulemakings under consideration ‘‘(IV) knowingly makes, prepares, or pre- ‘‘§ 31318. Application of regulations to certain by the Department of Transportation. serves a record in violation of a regulation or operators (b) FUNCTION.—The Advisory Committee order of the Secretary, shall be liable to the ‘‘Effective 12 months after the date of en- established under subsection (a) shall pro- United States for a civil penalty in an actment of the Intermodal Transportation vide advice to the Secretary on commercial amount not to exceed $5,000 for each viola- Safety Act of 1997, regulations prescribed motor vehicle safety regulations and assist tion, provided that any such action can be under this chapter shall apply to operators the Secretary in timely completion of ongo- shown to have misrepresented a fact that of commercial motor vehicles described in ing rulemakings by utilizing negotiated rule- constitutes a violation other than a report- section 31301(4)(B) to the extent that those making procedures. ing or recordkeeping violation.’’. regulations did not apply to those operators SEC. 422. WAIVERS; EXEMPTIONS; PILOT PRO- SEC. 414. INTERNATIONAL REGISTRATION PLAN before the day that is 1 year after such date GRAMS. AND INTERNATIONAL FUEL TAX of enactment, except to the extent that the (a) WAIVERS, EXEMPTIONS, AND PILOT PRO- AGREEMENT. Secretary determines, after notice and op- GRAMS FOR CHAPTER 311.—Section 31136(e) is Chapter 317 is amended— portunity for public comment, that it is ap- amended— (1) by striking sections 31702, 31703, and propriate to exempt such operators of com- (1) by redesignating paragraphs (2) and (3) 31708; and mercial motor vehicles from the application as paragraphs (5) and (6); and (2) by striking the item relating to sec- of those regulations.’’. (2) by striking the subsection caption and tions 31702, 31703, and 31708 in the chapter a (d) DEADLINE FOR CERTAIN DEFINITIONAL paragraph (1) and inserting the following: analysis for that chapter. REGULATIONS.—The Secretary shall issue ‘‘(e) WAIVERS, EXEMPTIONS, AND PILOT PRO- SEC. 415. STUDY OF ADEQUACY OF PARKING FA- regulations implementing the definition of GRAMS.— CILITIES. commercial motor vehicles under section ‘‘(1) IN GENERAL.—The Secretary shall, by The Secretary shall conduct studies to de- 31132(1)(B) and section 31301(4)(B) of title 49, regulation promulgated after notice and an termine the location and quantity of parking United States Code, as amended by this Act opportunity for public comment and within facilities at commercial truck stops and within 12 months after the date of enactment 180 days after the date of enactment of the travel plazas and public rest area that could of this Act. Intermodal Transportation Safety Act of be used by motor carriers to comply with SEC. 418. AUTHORITY OVER CHARTER BUS 1997, establish procedures by which waivers, Federal hours-of-service rules. Each study TRANSPORTATION. exemptions, and pilot programs under this shall include an inventory of current facili- Section 14501(a) is amended— section may be initiated. The regulation ties serving corridors of the National High- (1) by striking ‘‘route or relating’’ and in- shall provide— way System, analyze where specific short- serting ‘‘route;’’; and ‘‘(A) a process for the issuance of waivers ages exist or are projected to exist, and pro- (2) by striking ‘‘required.’’ and inserting or exemptions from any part of a regulation pose a specific plan to reduce the shortages. ‘‘required; or to the authority to provide prescribed under this section; and

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10983 ‘‘(B) procedures for the conduct of pilot opportunity for public comment and within SEC. 423. COMMERCIAL MOTOR VEHICLE SAFETY projects or demonstration programs to sup- 180 days after the date of enactment of the STUDIES. port the appropriateness of regulations, en- Intermodal Transportation Safety Act of (a) IN GENERAL.—The Secretary of Trans- forcement policies, waivers, or exemptions 1997, establish procedures by which waivers, portation shall conduct a study of the im- under this section. exemptions, and pilot programs under this pact of safety and infrastructure of tandem ‘‘(2) WAIVERS.—The Secretary may grant a section may be initiated. The regulation axle commercial motor vehicle operations in waiver that relieves a person from compli- shall provide— States that permit the operation of such ve- ance in whole or in part with a regulation ‘‘(A) a process for the issuance of waivers hicles in excess of the weight limits estab- issued under this section if the Secretary de- or exemptions from any part of a regulation lished by section 127 of title 23, United termines that it is in the public interest to prescribed under this section; and States Code. grant the waiver and that the waiver is like- ‘‘(B) procedures for the conduct of pilot (b) COOPERATIVE AGREEMENTS WITH ly to achieve a level of safety that is equiva- projects or demonstration programs to sup- STATES.—The Secretary shall enter into co- lent to, or greater than, the level of safety port the appropriateness of regulations, en- operative agreements with States described that would obtain in the absence of the waiv- forcement policies, or exemption under this in subsection (a) under which the States par- er— section. ticipate in the collection of weight-in-mo- ‘‘(A) for a period not in excess of 3 months; ‘‘(2) WAIVERS.—The Secretary may grant a tion data necessary to achieve the purpose of ‘‘(B) limited in scope and circumstances; waiver that relieves a person from compli- the study. If the Secretary determines that ‘‘(C) for non-emergency and unique events; ance in whole or in part with a regulation additional weight-in-motion sites, on or off and issued under this section if the Secretary de- the Dwight D. Eisenhower System of Inter- ‘‘(D) subject to such conditions as the Sec- termines that it is in the public interest to state and Defense Highways, are necessary retary may impose. grant the waiver and that the waiver is like- to carry out the study, and requests assist- ‘‘(3) EXEMPTIONS.—The Secretary may ly to achieve a level of safety that is equiva- ance from the States in choosing appropriate grant an exemption in whole or in part from lent to, or greater than, the level of safety locations, the States shall identify the in- a regulation issued under this section to a that would obtain in the absence of the waiv- dustries or transportation companies oper- class of persons, vehicles, or circumstances if er— ating within their borders that regularly uti- the Secretary determines, after notice and ‘‘(A) for a period not in excess of 3 months; lize the 35,000 pound tandem axle. opportunity for public comment, that it is in ‘‘(B) limited in scope and circumstances; ‘‘(c) REPORT.—Not later than 2 years after the public interest to grant the exemption ‘‘(C) for non-emergency and unique events; the date of enactment of this Act, the Sec- and that the exemption is likely to achieve and retary shall transmit to the Congress a re- a level of safety that is equivalent to, or ‘‘(D) subject to such conditions as the Sec- port on the results of the study, together greater than, the level of safety that would retary may impose. with any related legislative or administra- obtain in the absence of the exemption. An ‘‘(3) EXEMPTIONS.—The Secretary may tive recommendations. Until the Secretary exemption granted under this paragraph grant an exemption in whole or in part from transmits the report to the Congress, the shall be in effect for a period of not more a regulation issued under this section to a Secretary may not withhold funds under sec- than 2 years, but may be renewed by the Sec- class of persons, vehicles, or circumstances if tion 104 of title 23, United States Code, from retary after notice and opportunity for pub- the Secretary determines, after notice and any State for violation of the grandfathered lic comment if the Secretary determines, opportunity for public comment, that it is in tandem axle weight limits under section 127 based on the safety impact and results of the the public interest to grant the exemption of that title. first 2 years of an exemption, that the exten- and that the exemption is likely to achieve SEC. 424. INCREASED MCSAP PARTICIPATION IM- sion is in the public interest and that the ex- a level of safety that is equivalent to, or PACT STUDY. tension of the exemption is likely to achieve greater than, the level of safety that would (a) IN GENERAL.—If a State that did not re- a level of safety that is equivalent to, or obtain in the absence of the exemption. An ceive its full allocation of funding under the greater than, the level of safety that would exemption granted under this paragraph Motor Carrier Safety Assistance Program obtain in the absence of the extension. shall be in effect for a period of not more during fiscal years 1996 and 1997 agrees to ‘‘(4) PILOT PROGRAMS.— than 2 years, but may be renewed by the Sec- enter into a cooperative agreement with the ‘‘(A) IN GENERAL.—In carrying out this sec- retary after notice and opportunity for pub- Secretary to evaluate the safety impact, tion, the Secretary is authorized to carry lic comment if the Secretary determines, costs, and benefits of allowing such State to out pilot programs to examine innovative based on the safety impact and results of the continue to participate fully in the Motor approaches or alternatives to regulations first 2 years of an exemption, that the exten- Carrier Safety Assistance Program, then the issued under this title. sion is in the public interest and that the ex- Secretary of Transportation shall allocate to ‘‘(B) REQUIREMENT FOR APPROVAL.—In car- tension of the exemption is likely to achieve that State the full amount of funds to which rying out a pilot project under this para- a level of safety that is equivalent to, or it would otherwise be entitled for fiscal graph, the Secretary shall require, as a con- greater than, the level of safety that would years 1998, 1999, 2000, 2001, 2002, and 2003. The dition of approval of the project, that the obtain in the absence of the extension. Secretary may not add conditions to the co- safety measures in the project are designed ‘‘(4) PILOT PROGRAMS.— operative agreement other than those di- to achieve a level of safety that is equivalent ‘‘(A) IN GENERAL.—In carrying out this sec- rectly relating to the accurate and timely to, or greater than, the level of safety that tion, the Secretary is authorized to carry collection of inspection and crash data suffi- would otherwise be achieved through compli- out pilot programs to examine innovative cient to ascertain the safety and effective- ance with the standards prescribed under approaches or alternatives to regulations ness of such State’s program. this title. issued under this title. (b) REQUIREMENTS.— ‘‘(C) EXEMPTIONS.—A pilot project under ‘‘(B) REQUIREMENT FOR APPROVAL.—In car- (1) REPORT.—The State shall submit to the this paragraph— rying out a pilot project under this para- Secretary each year the results of such safe- ‘‘(i) may exempt a motor carrier under the graph, the Secretary shall require, as a con- ty evaluations. project from any requirement (or portion dition of approval of the project, that the (2) TERMINATION BY SECRETARY.—If the thereof) imposed under this title; and safety measures in the project are designed Secretary finds such an agreement not in the ‘‘(ii) shall preempt any State or local regu- to achieve a level of safety that is equivalent public interest based on the results of such lation that conflicts with the pilot project to, or greater than, the level of safety that evaluations after 2 years of full participa- during the time the pilot project is in effect. would otherwise be achieved through compli- tion, the Secretary may terminate the agree- ‘‘(D) REVOCATION OF EXEMPTION.—The Sec- ance with the standards prescribed under ment entered into under this section. retary shall revoke an exemption granted this title. (c) PROHIBITION OF ADOPTION OF LESSER under subparagraph (C) if— ‘‘(C) EXEMPTIONS.—A pilot project under STANDARDS.—No State may enact or imple- ‘‘(i) the motor carrier to which it applies this paragraph— ment motor carrier safety regulations that fails to comply with the terms and condi- ‘‘(i) may exempt a motor carrier under the are determined by the Secretary to be less tions of the exemption; or project from any requirement (or portion strict than those in effect as of September ‘‘(ii) the Secretary determines that the ex- thereof) imposed under this title; and 30, 1997. emption has resulted in a lower level of safe- ‘‘(ii) shall preempt any State or local regu- TITLE V—RAIL AND MASS TRANSPOR- ty than was maintained before the exemp- lation that conflicts with the pilot project TATION ANTI-TERRORISM; SAFETY tion was granted.’’. during the time the pilot project is in effect. (b) WAIVERS EXEMPTIONS, AND PILOT PRO- ‘‘(D) REVOCATION OF EXEMPTION.—The Sec- SEC. 501. PURPOSE. GRAMS FOR CHAPTER 313.—Section 31315 is retary shall revoke an exemption granted The purpose of this title is to protect the amended— under subparagraph (C) if— passengers and employees of railroad car- (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(i) the motor carrier to which it applies riers and mass transportation systems and ‘‘After notice’’; and fails to comply with the terms and condi- the movement of freight by railroad from (2) by adding at the end thereof the fol- tions of the exemption; or terrorist attacks. lowing: ‘‘(b) WAIVERS, EXEMPTIONS, AND ‘‘(ii) The Secretary determines that the ex- SEC. 502. AMENDMENTS TO THE ‘‘WRECKING PILOT PROGRAMS.— emption has resulted in a lower level of safe- TRAINS’’ STATUTE. ‘‘(1) IN GENERAL.—The Secretary shall, by ty than was maintained before the exemp- (a) Section 1992 of title 18, United States regulation promulgated after notice and an tion was granted.’’. Code, is amended to read as follows:

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10984 CONGRESSIONAL RECORD — SENATE October 22, 1997 ‘‘§ 1992. Terrorist attacks against railroads ‘‘(C) imprisoned for life or sentenced to of committing such act, that person travels ‘‘(a) GENERAL PROHIBITIONS.—Whoever will- death if the offense has resulted in the death or communicates across a State line in order fully— of any person. to commit such act, or transports materials ‘‘(1) wrecks, derails, sets fire to, or disables ‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS across a State line in aid of the commission any train, locomotive, motor unit, or freight AND DANGEROUS WEAPONS.— of such act. Whoever is convicted of any or passenger car used, operated, or employed ‘‘(1) Except as provided in paragraph (4), crime prohibited by this subsection by this by a railroad carrier; whoever knowingly possesses or causes to be subsection shall also be subject to imprison- ‘‘(2) brings, carries, possesses, places or present any firearm or other dangerous ment for not more than twenty years if the causes to be placed any destructive sub- weapon on board a passenger train of a rail- offense has resulted in the death of any per- stance, or destructive device in, upon, or road carrier, or attempts to do so, shall be son. near any train, locomotive, motor unit, or fined under this title or imprisoned not more ‘‘(d) DEFINITIONS.—In this section— freight or passenger car used, operated, or than one year, or both, if such act is com- ‘‘(1) ‘dangerous device’ has the meaning employed by a railroad carrier, without pre- mitted on a railroad carrier that is engaged given to that term in section 921(a)(4) of this viously obtaining the permission of the car- in or affecting interstate or foreign com- title; rier, and with intent to endanger the safety merce, or if in the course of committing such ‘‘(2) ‘dangerous weapon’ has the meaning of any passenger or employee of the carrier, act, that person travels or communicates given to that term in section 930 of this title; or with a reckless disregard for the safety of across a State line in order to commit such ‘‘(3) ‘destructive substance’ has the mean- human life; act, or transports materials across a State ing given to that term in section 31 of this ‘‘(3) sets fire to, or places any destructive line in aid of the commission of such act. title, except that (A) the term ‘radioactive substance, or destructive device in, upon or ‘‘(2) Whoever, with intent that a firearm or device’ does not include any radioactive de- near, or undermines any tunnel, bridge, via- other dangerous weapon be used in the com- vice or material used solely for medical, in- duct, trestle, track, signal, station, depot, mission of a crime, knowingly possesses or dustrial, research, or other peaceful pur- warehouse, terminal, or any other way, causes to be present such firearm or dan- poses, and (B) ‘destructive substance’ in- structure, property, or appurtenance used in gerous weapon on board a passenger train or cludes any radioactive device or material the operation of, or in support of the oper- in a passenger terminal facility of a railroad that could be used to cause a harm listed in ation of, a railroad carrier, or otherwise carrier, or attempts to do so, shall be fined subsection (a) and that is not in use solely makes any such tunnel, bridge, viaduct, tres- under this title or imprisoned not more than for medical, industrial, research, or other tle, track, station, depot, warehouse, ter- 5 years, or both, if such act is committed on peaceful purposes; minal, or any other way, structure, property, a railroad carrier that is engaged in or af- ‘‘(4) ‘firearm’ has the meaning given to or appurtenance unworkable or unusable or fecting interstate or foreign commerce, or if that term in section 921 of this title; hazardous to work or use, knowing or having in the course of committing such act, that ‘‘(5) ‘hazardous material’ has the meaning reason to know such activity would likely person travels or communicates across a given to that term in section 5102(2) of title derail, disable, or wreck a train, locomotive, State line in order to commit such act, or 49, United States Code; motor unit, or freight or passenger car used, transports materials across a State line in ‘‘(6) ‘high-level radioactive waste’ has the operated, or employed by a railroad carrier; aid of the commission of such act. meaning given to that term in section ‘‘(4) removes appurtenances from, dam- ‘‘(3) A person who kills or attempts to kill 10101(12) of title 42, United States Code; ages, or otherwise impairs the operation of a person in the course of a violation of para- ‘‘(7) ‘railroad’ has the meaning given to any railroad signal system, including a train graphs (1) or (2), or in the course of an attack that term in section 20102(1) of title 49, control system, centralized dispatching sys- on a passenger train or a passenger terminal United States Code; tem, or highway-railroad grade crossing facility of a railroad carrier involving the ‘‘(8) ‘railroad carrier’ has the meaning warning signal on a railroad line used, oper- use of a firearm or other dangerous weapon, given to the term in section 20102(2) of title ated, or employed by a railroad carrier; shall be punished as provided in sections 49, United States Code; ‘‘(5) interferes with, disables or incapaci- 1111, 1112, and 1113 of this title. ‘‘(9) ‘serious bodily injury’ has the meaning tates any locomotive engineer, conductor, or ‘‘(4) Paragraph (1) shall not apply to: given to that term in section 1365 of this other person while they are operating or ‘‘(A) the possession of a firearm or other title; maintaining a train, locomotive, motor unit, dangerous weapon by an officer, agent, or ‘‘(10) ‘spent nuclear fuel’ has the meaning or freight or passenger car used, operated, or employee of the United States, a State, or a given to that term in section 10101(23) of title employed by a railroad carrier, with intent political subdivision thereof, while engaged 42, United States Code; and to endanger the safety of any passenger or in the lawful performance of official duties, ‘‘(11) ‘State’ has the meaning given to that employee of the carrier, or with a reckless who is authorized by law to engage in the term in section 2266 of this title.’’. disregard for the safety of human life; ‘‘(6) commits an act intended to cause transportation of people accused or con- (b) In the analysis of chapter 97 of title 18, death or serious bodily injury to an em- victed of crimes, or supervise the prevention, United States Code, item ‘‘1992’’ is amended ployee or passenger of a railroad carrier detection, investigation, or prosecution of to read: while on the property of the carrier; any violation of law; ‘‘1992. Terrorist attacks against railroads’’. ‘‘(B) the possession of a firearm or other ‘‘(7) causes the release of a hazardous ma- SEC. 503. TERRORIST ATTACKS AGAINST MASS terial being transported by a rail freight car, dangerous weapon by an officer, agent, or TRANSPORTATION. with the intent to endanger the safety of any employee of the United States, a State, or a (a) Chapter 97 of title 18, United States person, or with a reckless disregard for the political subdivision thereof, while off duty, Code, is amended by adding at the end there- safety of human life; if such possession is authorized by law; of the following new section: ‘‘(8) conveys or causes to be conveyed false ‘‘(C) the possession of a firearm or other ‘‘§ 1994. Terrorist attacks against mass trans- information, knowing the information to be dangerous weapon by a Federal official or a portation false, concerning an attempt or alleged at- member of the Armed Forces if such posses- tempt being made or to be made, to do any sion is authorized by law; ‘‘(a) GENERAL PROHIBITIONS.—Whoever will- act which would be a crime prohibited by ‘‘(D) the possession of a firearm or other fully— this subsection; or dangerous weapon by a railroad police officer ‘‘(1) wrecks, derails sets fire to, or disables ‘‘(9) attempts, threatens, or conspires to do employed by a rail carrier and certified or a mass transportation vehicle or vessel; any of the aforesaid acts, commissioned as a police officer under the ‘‘(2) places or causes to be placed any de- shall be fined under this title or imprisoned laws of a State, whether on or off duty; or structive substance in, upon, or near a mass not more than twenty years, or both, if such ‘‘(E) an individual transporting a firearm transportation vehicle or vessel, without act is committed, or in the case of a threat on board a railroad passenger train (except a previously obtaining the permission of the or conspiracy such act would be committed, loaded firearm) in baggage not accessible to mass transportation provider, and with in- within the United States on, against, or af- any passenger on board the train, if the rail- tent to endanger the safety of any passenger fecting a railroad carrier engaged in or af- road carrier was informed of the presence of or employee of the mass transportation pro- fecting interstate or foreign commerce, or if the weapon prior to the firearm being placed vider, or with a reckless disregard for the in the course of committing such acts, that on board the train. safety of human life; person travels or communicates across a ‘‘(c) PROHIBITION AGAINST PROPELLING OB- ‘‘(3) sets fire to, or places any destructive State line in order to commit such acts, or JECTS.—Whoever willfully or recklessly substance in, upon, or near any garage, ter- transports materials across a State line in throws, shoots, or propels a rock, stone, minal, structure, supply, or facility used in aid of the commission of such acts; Provided brick, or piece of iron, steel, or other metal the operation of, or in support of the oper- however, that whoever is convicted of any or any deadly or dangerous object or destruc- ation of, a mass transportation vehicle, crime prohibited by this subsection shall be: tive substance at any locomotive or car of a knowing or having reason to know such ac- ‘‘(A) imprisoned for not less than thirty train, knowing or having reason to know tivity would likely derail, disable, or wreck years or for life if the railroad train involved such activity would likely cause personal in- a mass transportation vehicle used, oper- carried high-level radioactive waste or spent jury, shall be fined under this title or impris- ated, or employed by mass transportation nuclear fuel at the time of the offense; oned for not more than 5 years, or both, if provider; ‘‘(B) imprisoned for life if the railroad such act is committed on or against a rail- ‘‘(4) removes appurtenances from, dam- train involved was carrying passengers at road carrier engaged in or affecting inter- ages, or otherwise impairs the operation of a the time of the offense; and state or foreign commerce, or if in the course mass transportation signal system, including

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10985 a train control system, centralized dis- employee of the United States, a State, or a SEC. 504. INVESTIGATIVE JURISDICTION. patching system, or rail grade crossing warn- political subdivision thereof, while engaged The Federal Bureau of Investigation shall ing signal; in the lawful performance of official duties, lead the investigation of all offenses under ‘‘(5) interferes with, disables or incapaci- who is authorized by law to engage in the sections 1192 and 1994 of title 18, United tates any driver or person while they are em- transportation of people accused or con- States Code. The Federal Bureau of Inves- ployed in operating or maintaining a mass victed of crimes, or supervise the prevention, tigation shall cooperate with the National transportation vehicle or vessel, with intent detection, investigation, or prosecution of Transportation Safety Board and with the to endanger the safety of any passenger or any violation of law; Department of Transportation in safety in- employee of the mass transportation pro- ‘‘(B) the possession of a firearm or other vestigations by these agencies, and with the vider, or with a reckless disregard for the dangerous weapon by an officer, agent, or Treasury Department’s Bureau of Alcohol, safety of human life; employee of the United States, a State, or a Tobacco and Firearms concerning an inves- ‘‘(6) commits an act intended to cause political subdivision thereof, while off duty, tigation regarding the possession of firearms death or serious bodily injury to an em- if such possession is authorized by law’ and explosives. ployee or passenger of mass transportation ‘‘(C) the possession of a firearm or other SEC. 505. SAFETY CONSIDERATIONS IN GRANTS provider on the property of a mass transpor- dangerous weapon by a Federal official or OR LOANS TO COMMUTER RAIL- tation provider; member of the Armed Forces if such posses- ROADS. ‘‘(7) conveys or causes to be conveyed false sion is authorized by law; Section 5329 is amended by adding at the information, knowing the information to be ‘‘(D) the possession of a firearm of other end the following: false, concerning an attempt or alleged at- dangerous weapon by a railroad police officer ‘‘(c) COMMUTER RAILROAD SAFETY CONSID- tempt being made or to be made, to do any employed by a rail carrier and certified or ERATIONS.—In making a grant or loan under act which would be a crime prohibited by commissioned as a police officer under the this chapter that concerns a railroad subject this subsection; or laws of a State, whether on or off duty; or to the Secretary’s railroad safety jurisdic- ‘‘(8) attempts, threatens, or conspires to do ‘‘(E) an individual transporting a firearm tion under section 20102 of this title, the Fed- any of the aforesaid acts—shall be fined on board a mass transportation vehicle or eral Transit Administrator shall consult under this title or imprisoned not more than vessel (except a loaded firearm) in baggage with the Federal Railroad Administrator twenty years, or both, if such act is com- not accessible to any passenger on board the concerning relevant safety issues. The Sec- mitted, or in the case of a threat or con- vehicle or vessel, if the mass transportation retary may use appropriate authority under spiracy such act would be committed, within provider was informed of the presence of the this chapter, including the authority to pre- the United States on, against, or affecting a weapon prior to the firearm being placed on scribe particular terms or convenants under mass transportation provider engaged in or board the vehicle or vessel. section 5334 of this title, to address any safe- affecting interstate or foreign commerce, or ‘‘(c) PROHIBITION AGAINST PROPELLING OB- ty issues identified in the project supported if in the course of committing such act, that JECTS.—Whoever willfully or recklessly by the loan or grant.’’. person travels or communicates across a throws, shoots, or propels a rock, stone, State line in order to commit such act, or SEC. 506. RAILROAD ACCIDENT AND INCIDENT brick, or piece of iron, steel, or other metal transports materials across a State line in REPORTING. or any deadly or dangerous object or destruc- aid of the commission of such act. Whoever Section 20901(a) is amended to read as fol- tive substance at any mass transportation is convicted of a crime prohibited by this lows: vehicle or vessel, knowing or having reason section shall also be subject to imprison- ‘‘(a) GENERAL REQUIREMENTS.—On a peri- ment for life if the mass transportation vehi- to know such activity would likely cause odic basis not more frequent than monthly, cle or vessel was carrying a passenger at the personal injury, shall be fined under this as specified by the Secretary of Transpor- time of the offense, and imprisonment for title or imprisoned for not more than 5 tation, a railroad carrier shall file a report life or sentenced to death if the offense has years, or both, if such act is committed on or with the Secretary on all accidents and inci- resulted in the death of any person. against a mass transportation provider en- dents resulting in injury or death to an indi- ‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS gaged in or substantially affecting interstate vidual or damage to equipment or a roadbed AND DANGEROUS WEAPONS.— or foreign commerce, or if in the course of arising from the carrier’s operations during ‘‘(1) Except as provided in paragraph (4), committing such acts, that person travels or that period. The report shall state the na- whoever knowingly possesses or causes to be communicates across a State line in order to ture, cause, and circumstances of each re- present any firearm or other dangerous commit such acts, or transports materials ported accident or incident. If a railroad car- weapon on board a mass transportation vehi- across a State line in aid of the commission rier assigns human error as a cause, the re- cle or vessel, or attempts to do so, shall be of such acts. Whoever is convicted of any port shall include, at the option of each em- fined under this title or imprisoned not more crime prohibited by this subsection shall ployee whose error is alleged, a statement by than one year, or both, if such act is com- also be subject to imprisonment for not more the employee explaining any factors the em- mitted on a mass transportation provider en- than twenty years if the offense has resulted ployee alleges contributed to the accident or gaged in or affecting interstate or foreign in the death of any person. incident.’’. commerce, or if in the course of committing ‘‘(d) DEFINITIONS.—In this section— SEC. 507. VEHICLE WEIGHT LIMITATIONS—MASS such act, that person travels or commu- ‘‘(1) ‘dangerous device’ has the meaning TRANSPORTATION BUSES. nicates across a State line in order to com- given to that term in section 921(a)(4) of this Section 1023(h)(1) of the Intermodal Sur- mit such act, or transports materials across title; face Transportation Efficiency Act of 1991, as a State line in aid of the commission of such ‘‘(2) ‘dangerous weapon’ has the meaning amended (23 U.S.C. 127 note), is amended by act. given to that term in section 930 of this title; striking ‘‘the date on which’’ and all that ‘‘(2) Whoever, with intent that a firearm or ‘‘(3) ‘destructive substance’ has the mean- follows through ‘‘1995’’ and inserting ‘‘Janu- other dangerous weapon be used in the com- ing given to that term in section 31 of this ary 1, 2003’’. mission of a crime, knowingly possesses or title, except that (A) the term ‘radioactive TITLE—VI SPORTFISHING AND BOATING causes to be present such firearm or dan- device’ does not include any radioactive de- SAFETY gerous weapon on board a mass transpor- vice or material used solely for medical, in- tation vehicle or vessel, or in a mass trans- dustrial, research, or other peaceful pur- SEC. 601. AMENDMENT OF 1950 ACT. portation passenger terminal facility, or at- poses, and (B) ‘destructive substance’ in- Whenver in this Act an amendment or re- tempts to do so, shall be fined under this cludes any radioactive device or material peal is expressed in terms of an amendment title, or imprisoned not more than 5 years, that can be used to cause a harm listed in to, or repeal of, a section or other provision or both, if such act is committed on a mass subsection (a) and that is not in use solely of the 1950 Act, the reference shall be consid- transportation provider engaged in or affect- for medical, industrial, research, or other ered to be made to a section or other provi- ing interstate or foreign commerce, or if in peaceful purposes; sion of the Act entitled ‘‘An Act to provide the course of committing such act, that per- ‘‘(4) ‘firearm’ had the meaning given to that the United States shall aid the States son travels or communicates across a State that term in section 921 of this title; in fish restoration and management projects, line in order to commit such act, or trans- ‘‘(5) ‘mass transportation’ has the meaning and for other purposes,’’ approved August 9, ports materials across a State line in aid of given to that term in section 5302(a)(7) of 1950 (16 U.S.C. 777 et seq.). the commission of such act. title 49, United States Code, except that the SEC. 602. OUTREACH AND COMMUNICATIONS ‘‘(3) A person who kills or attempts to kill term shall include schoolbus, charter, and PROGRAMS. a person in the course of a violation of para- sightseeing transportation; (a) DEFINITIONS.—Section 2 of the 1950 Act graphs (1) or (2), or in the course of an attack ‘‘(6) serious bodily injury’ has the meaning (16 U.S.C. 777a) is amended— on a mass transportation vehicle or vessel, given to that term in section 1365 of this (1) by indenting the left margin of so much or a mass transportation passenger terminal title, and of the text as precedes ‘‘(a)’’ by 2 ems; facility involving the use of a firearm or ‘‘(7) ‘State’ has the meaning given to that (2) by inserting ‘‘For purposes of this other dangerous weapon, shall be punished as term in section 2266 of this title.’’. Act—’’ after the section caption; provided in sections 1111, 1112, and 1113 of (b) The analysis of chapter 97 of title 18, (3) by striking ‘‘For the purposes of this this title. United States Code, is amended by adding at Act the’’ in the first paragraph and inserting ‘‘(4) Paragraph (1) shall not apply to: the end thereof: ‘‘(1) the’’; ‘‘(A) the possession of a firearm or other ‘‘1994. Terrorist attacks against mass trans- (4) by indenting the left margin of so much dangerous weapon by an officer, agent, or portation.’’. of the text as follows ‘‘include—’’ by 4 ems;

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(5) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’ ‘‘(d) NATIONAL OUTREACH AND COMMUNICA- ‘‘(B) $10,000,000 shall be available for each and inserting ‘‘(A)’’, ‘‘(B)’’, ‘‘(C)’’, and ‘‘(D)’’, TIONS PROGRAM.— fiscal year to the Secretary of the Interior respectively; ‘‘(1) IMPLEMENTATION.—Within 1 year after for 3 years for obligation for qualified (6) by striking ‘‘department.’’ and insert- the date of enactment of the Intermodal projects under section X05(d) of the Inter- ing ‘‘department;’’; and Transportation Safety Act of 1997, the Sec- modal Transportation Safety Act of 1997; and (7) by adding at the end thereof the fol- retary of the Interior shall develop and im- ‘‘(C) the balance shall be transferred for lowing: plement, in cooperation and consultation each such fiscal year to the Secretary of ‘‘(2) the term ‘outreach and communica- with the Sport Fishing and Boating partner- Transportation and shall be expended for tions program’ means a program to improve ship Council, a national plan for outreach State recreational boating safety programs communications with anglers, boaters, and and communications. under section 13106 of title 46, United States the general public regarding angling and ‘‘(2) CONTENT.—The plan shall provide— Code. boating opportunities, to reduce barriers to ‘‘(A) guidance, including guidance on the ‘‘(3) Amounts available under subpara- participation in these activities, to advance development of an administrative process graphs (A) and (B) of paragraph (1) and para- adoption of sound fishing and boating prac- and funding priorities, for outreach and com- graph (2) that are unobligated by the Sec- tices, to promote conservation and the re- munications programs; and retary of the Interior after 3 years shall be sponsible use of the nation’s aquatic re- ‘‘(B) for the establishment of a national transferred to the Secretary of Transpor- sources, and to further safety in fishing and program. tation and shall be expended for State rec- boating; and ‘‘(3) SECRETARY MAY MATCH OR FUND PRO- reational boating safety programs under sec- ‘‘(3) the term ‘aquatic resource education GRAMS.—Under the plan, the Secretary may tion 13106(a) of title 46, United States Code.’’. program’ means a program designed to en- obligate amounts available under subsection SEC. 604. BOATING INFRASTRUCTURE. hance the public’s understanding of aquatic (c) or (d) of section 604 of this Act— (a) PURPOSE.—The purpose of this section resources and sport-fishing, and to promote ‘‘(A) to make grants to any State or pri- the development of responsible attitudes and is to provide funds to States for the develop- vate entity to pay all or any portion of the ment and maintenance of public facilities for ethics toward the aquatic environment.’’. cost of carrying out any outreach or commu- UNDING FOR OUTREACH AND COMMU- transient nontrailerable recreational vessels. (b) F nications program under the plan; or NICATIONS PROGRAM.—Section 4 of the 1950 (b) SURVEY.—Section 8 of the 1950 Act (16 ‘‘(B) to fund contracts with States or pri- Act (16 U.S.C. 777c) is amended— U.S.C. 777g), as amended by section X03, is vate entities to carry out such a program. (1) by redesignating subsections (c), (d), amended by adding at the end thereof the ‘‘(4) REVIEW.—The plan shall be reviewed and (e) as subsections (d), (e), and (f); following: (2) by inserting after subsection (b) the fol- periodically, but not less frequently than ‘‘(g) SURVEYS.— lowing: once every 3 years. ‘‘(1) NATIONAL FRAMEWORK.—Within 6 ‘‘(c) NATIONAL OUTREACH AND COMMUNICA- ‘‘(e) STATE OUTREACH AND COMMUNICATIONS months after the date of enactment of the TIONS PROGRAM.—Of the balance of each such PROGRAM.—Within 12 months after the com- Intermodal Transportation Safety Act of annual appropriation remaining after mak- pletion of the national plan under subsection 1997, the Secretary, in consultation with the ing the distribution under subsections (a) (d)(1), a State shall develop a plan for an out- States, shall adopt a national framework for and (b), respectively, an amount equal to— reach and communications program and sub- a public boat access needs assessment which (1) $5,000,000 for fiscal year 1998; mit it to the secretary. In developing the may be used by States to conduct surveys to (2) $6,000,000 for fiscal year 1999; plan, a State shall— determine the adequacy, number, location, (3) $7,000,000 for fiscal year 2000; ‘‘(1) review the national plan developed and quality of facilities providing access to (4) $8,000,000 for fiscal year 2001; under subsection (d); recreational waters for all sizes of rec- (5) $10,000,000 for fiscal year 2002; and ‘‘(2) consult with anglers, boaters, the reational boats. (6) $10,000,000 for fiscal year 2003, sportfishing and boating industries, and the ‘‘(2) STATE SURVEYS.—Within 18 months shall be used for the National Outreach and general public; and after such date of enactment, each State Communications Program under section ‘‘(3) establish priorities or the State out- that agrees to conduct a public boat access X08(d). Such amounts shall remain available reach and communications program pro- needs survey following the recommended na- for 3 fiscal years, after which any portion posed for implementation.’’. tional framework shall report its findings to thereof that is unobligated by the Secretary SEC. 603. CLEAN VESSEL ACT FUNDING. the Secretary for use in the development of of the Interior for that program may be ex- Section 4(b) of the 1950 Act (16 U.S.C. a comprehensive national assessment of rec- pended by the Secretary under subsection 777c(b)) is amended to read as follows: reational boat access needs and facilities. (e).’’; ‘‘(b) USE OF BALANCE AFTER DISTRIBU- ‘‘(3) EXCEPTION.—Paragraph (2) does not (3) by inserting a comma and ‘‘for an out- TION.— apply to a State if, within 18 months after reach and communications program’’ after ‘‘(1) FISCAL YEAR 1998.—For fiscal year 1998, such date of enactment, the Secretary cer- ‘‘Act’’ in subsection (d)), as redesignated; of the balance remaining after making the tifies that the State has developed and is im- (4) by striking ‘‘subsections (a) and (b),’’ in distribution under subsection (a), an amount plementing a plan that ensures there are and subsection (d), as redesignated, ‘‘subsections equal to $51,000,000 shall be used as follows: will be public boat access adequate to meet (a), (b), and (c),’’; ‘‘(A) $10,000,000 shall be available to the the needs of recreational boaters on its (5) by adding at the end of subsection (d), Secretary of the Interior for 3 years for obli- waters. as redesignated, the following: ‘‘Of the sum gation for qualified projects under section ‘‘(4) FUNDING.—A State that conducts a available to the Secretary of the Interior 5604(c) of the Clean Vessel Act of 1992 (33 public boat access needs survey under para- under this subsection for any fiscal year, up U.S.C. 1322 note); graph (2) may fund the costs of conducting to $2,500,000 may be used for the National ‘‘(B) $10,000,000 shall be available to the that assessment out of amounts allocated to Outreach and Communications Program Secretary of the Interior for 3 years for obli- it as funding dedicated to motorboat access under section X08(d) in addition to the gation for qualified projects under section to recreational waters under subsection amount available for that program under X05(d) of the Intermodal Transportation (b)(1) of this section.’’ subsection (c). No funds available to the Sec- Safety Act of 1997; and (c) PLAN.—Within 6 months after submit- retary under this subsection may be used to ‘‘(C) $31,000,000 shall be transferred to the ting a survey to the Secretary under section replace funding traditionally provided Secretary of Transportation and shall be ex- 8(g) of the Act entitled ‘‘An Act to provide through general appropriations, nor for any pended for State recreational boating safety that the United States shall aid the States purpose except those purposes authorized by programs under section 13106 of title 46, in fish restoration and management projects, this Act. The Secretary shall publish a de- United States Code. and for other purposes,’’ approved August 9, tailed accounting of the projects, programs, ‘‘(2) FISCAL YEARS 1999–2003.—For each of fis- 1950 (16 U.S.C. 777g(g)), as added by sub- and activities funded under this subsection cal years 1999 through 2003, the balance of section (b) of this section, a State may de- annually in the Federal Register.’’; and (6) by striking subsections (a), (b), and (c),’’ each annual appropriation remaining after velop and submit to the Secretary a plan for in subsection (e), as redesignated, and insert- making the distribution under subsection the construction, renovation, and mainte- ing ‘‘subsections (a), (b), (c), and (d),’’. (a), an amount equal to $84,000,000, reduced nance of public facilities, and access to those (c) INCREASE IN STATE ALLOCATION.—Sec- by 82 percent of the amount appropriated for facilities, for transient nontrailerable rec- tion 8 of the 1950 Act (16 U.S.C. 777g) is that fiscal year from the Boat Safety Ac- reational vessels to meet the needs of amended— count of the Aquatic Resources Trust Fund nontrailerable recreational vessels operating (1) by striking ‘‘12 1⁄2 percentum’’ each established by section 9504 of the Internal on navigable waters in the State. place it appears in subsection (b) and insert- Revenue Code of 1986 (26 U.S.C. 9504) to carry (d) GRANT PROGRAM.— ing ‘‘15 percent’’; out the purposes of section 13106(a) of title (1) MATCHING GRANTS.—The Secretary of (2) by striking ‘‘10 percentum’’ in sub- 46, United States Code, shall be used as fol- the Interior shall obligate amounts made section (c) and inserting ‘‘15 percent’’’ lows: available under section 4(b)(1)(C) of the Act (3) by inserting ‘‘and communications’’ in ‘‘(A) $10,000,000 shall be available for each entitled ‘‘An Act to provide that the United subsection (c) after ‘‘outreach’’; and fiscal year to the Secretary of the Interior States shall aid the States in fish restora- (4) by redesignating subsection (d) as sub- for 3 years for obligation for qualified tion and management projects, and for other section (f); and by inserting after subsection projects under section 5604(c) of the Clean purposes,’’ approved August 9, 1950 (16 U.S.C. (c) the following: Vessel Act of 1992 (33 U.S.C. 1322 note); 777c(b)(1)(C)) to make grants to any State to

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10987 pay not more than 75 percent of the cost to (1) The caption for section 13106 of title 46, (ii) in each of subparagraphs (D), (E), and a State of constructing, renovating, or main- United States Code, is amended to read as (F), by inserting before the period at the end taining public facilities for transient follows: the following: ‘‘, except that the State may nontrailerable recreational vessels. § 13106. Authorization of appropriations’’. not allow the operation of any combination (2) PRIORITIES.—In awarding grants under of a truck tractor and more than 2 trailers or (2) The chapter analysis for chapter 131 of paragraph (1), the Secretary shall give pri- semitrailers’’; and title 46, United States Code, is amended by ority to projects that— (B) in paragraph (3), by adding at the end striking the item relating to section 13106 (A) consist of the construction, renovation, the following: and inserting the following: or maintenance of public facilities for tran- ‘‘(F) ADDITIONAL REVISION.— ‘‘(i) IN GENERAL.—Not later than 120 days sient nontrailerable recreational vessels in ‘‘13106. Authorization of appropriations’’. after the date of enactment of this subpara- accordance with a plan submitted by a State TITLE VII—MISCELLANEOUS graph, the Secretary shall publish in the under subsection (c); SEC. 701. ENFORCEMENT OF WINDOW GLAZING Federal Register a revision of the list pub- (B) provide for public/private partnership STANDARDS FOR LIGHT TRANS- lished under subparagraph (D) that reflects efforts to develop, maintain, and operate fa- MISSION. the amendments made by section ——(a) of cilities for transient nontrailerable rec- Section 402(a) of title 23, United States the Intermodal Surface Transportation Effi- reational vessels; and Code, is amended by striking ‘‘post-accident ciency Act of 1997. (C) propose innovative ways to increase the procedures.’’ and inserting ‘‘post-accident ‘‘(ii) REVIEW AND CORRECTION PROCEDURE.— availability of facilities for transient procedures, including the enforcement of The revised list published under clause (i) nontrailerable recreational vessels. light transmission standards of glazing for shall be subject to the review and correction (e) DEFINITIONS.—For purposes of this sec- passenger motor vehicles and light trucks as procedure described in subparagraph (E).’’. tion, the term— necessary to improve highway safety.’’. ‘‘(2) APPLICATION OF AMENDMENTS.—The (1) ‘‘nontrailerable recreational vessel’’ amendments made by paragraph (1) shall means a recreational vessel 26 feet in length apply beginning on the date that is 180 days or longer— DOMENICI AMENDMENT NO. 1365 after the date of enactment of this Act. (A) operated primarily for pleasure; or (Ordered to lie on the table.) PROPERTY-CARRYING UNIT LIMITATION.— (B) leased, rented, or chartered to another Mr. DOMENICI submitted an amend- Section 31112 of title 49, United States Code, for the latter’s pleasure; is amended— ment intended to be proposed by him (1) in subsection (b), by striking ‘‘A State’’ (2) ‘‘public facilities for transient to the bill, S. 1173, supra; as follows: nontrailerable recreational vessels’’ includes and inserting ‘‘Subject to subsection (h), a mooring buoys, daydocks, navigational aids, In the language proposed to be stricken, at State’’; seasonal slips, or similar structures located the appropriate place insert the following: (2) in subsection (c), by striking ‘‘In addi- on navigable waters, that are available to Notwithstanding any other provision of tion’’ and inserting ‘‘Subject to subsection the general public and designed for tem- this Act, any amount of contract authority (h), in addition’’; (3) in subsection (d), by adding at the end porary use by nontrailerable recreational which is provided in this Act for the reau- the following: vessels; and thorization of the Intermodal Surface Trans- portation Efficiency Act of 1991, which ex- ‘‘(5) Paragraphs (1) through (3) are subject (4) ‘‘State’’ means each of the several to the limitation under subsection (h).’’; ceeds $147,387,000,000 for fiscal years 1998 States of the United States, the District of (4) in subsection (e), by adding at the end Columbia, the Commonwealth of Puerto through 2002 shall only be available to the the following: Rico, Guam, American Samoa, the Virgin Is- extent provided in advance in appropriation ‘‘(5) Not later than 120 days after the date lands, and the Commonwealth of the North- acts. of enactment of the Intermodal Surface ern Mariana Islands. Transportation Efficiency Act of 1997, the (f) EFFECTIVE DATE.—This section shall REID AMENDMENTS NOS. 1366–1367 Secretary shall publish in the Federal Reg- take effect on October 1, 1997. ister a revised list that reflects the limita- SEC. 605. BOAT SAFETY FUNDS. (Ordered to lie on the table.) tion under subsection (h).’’; (5) in subsection (f), by striking ‘‘This sec- (a) AVAILABILITY OF ALLOCATIONS.—Section Mr. REID submitted two amend- 13104(a) of title 46, United States Code, is ments intended to be proposed by him tion’’ and inserting ‘‘Except as provided in amended— to the bill, S. 1173, supra; as follows: subsection (h), this section’’; and (6) by adding at the end the following: (1) by striking ‘‘3 years’’ in paragraph (1) AMENDMENT NO. 1366 ‘‘(h) LIMITATION WITH RESPECT TO LONGER and inserting ‘‘2 years’’; and On page 253, between lines 15 and 16, insert COMBINATION VEHICLES.—Beginning on the (2) by striking ‘‘3-year’’ in paragraph (2) the following: date specified in section ——(a)(2) of the and inserting ‘‘2-year’’. ‘‘(3) LAKE TAHOE REGION.—Notwith- Intermodal Surface Transportation Effi- (b) EXPENDITURES.—Section 13106 of title standing subsection (b), to carry out the ciency Act of 1997, each State shall take such 46, United States Code, is amended— transportation planning process required by action as may be necessary to ensure that no (1) by striking the first sentence of sub- this section, the consent of Congress is longer combination vehicle (as that term is section (a)(1) and inserting the following: granted to the States of California and Ne- defined in section 127(d)(4) of title 23, United ‘‘Subject to paragraph (2) and subsection (c), vada to designate a metropolitan planning States Code) that consists of a combination the Secretary shall expend in each fiscal organization for the Lake Tahoe region (as of a truck tractor and more than 2 trailers or year for State recreational boating safety defined in the Lake Tahoe Regional Plan- semitrailers may operate on the Interstate programs, under contracts with States under ning Compact), by agreement between the System.’’. this chapter, an amount equal to the sum of Governors of the States of California and Ne- (A) the amount appropriated from the Boat vada and units of general purpose local gov- JOHNSON AMENDMENT NO. 1368 Safety Account for that fiscal year and (B) ernment that together represent at least 75 the amount transferred to the Secretary (Ordered to lie on the table.) percent of the affected population (including under section 4(b) of the Act of August 9, 1950 Mr. JOHNSON submitted an amend- the central city or cities (as defined by the (16 U.S.C. 777c(b)).’’; and ment intended to be proposed by him Bureau of the Census)), or in accordance (2) by striking subsection (c) and inserting with procedures established by applicable to the bill, S. 1173, supra; as follows: the following: State or local law. On page 136, strike line 22 and insert the ‘‘(c) Of the amount transferred for each fis- following: cal year to the Secretary of Transportation AMENDMENT NO. 1367 specified in subparagraph (G).’’. under section 4(b) of the Act of August 9, 1950 SEC. 1128. TAX-EXEMPT FUEL FOR MASS TRANS- (16 U.S.C. 777c(b)), $5,000,000 is available to At the appropriate place, insert the fol- lowing: PORTATION RECIPIENTS. the Secretary for payment of expenses of the (a) GASOLINE.—Section 6421(b)(1) of the In- Coast Guard for personnel and activities di- SEC. . LONGER COMBINATION VEHICLES. ternal Revenue Code of 1986 (relating to rectly related to coordinating and carrying (a) INTERSTATE SYSTEM.— intercity, local, or school buses) is amended out the national recreational boating safety (1) IN GENERAL.—Section 127(d) of title 23, by striking ‘‘or’’ at the end of subparagraph program under this title. No funds available United States Code, is amended— (A), by redesignating subparagraph (B) as to the Secretary under this subsection may (A) in paragraph (1)— subparagraph (C), and by inserting after sub- be used to replace funding traditionally pro- (i) in subparagraph (A)— paragraph (A) the following: vided through general appropriations, nor for (I) by striking ‘‘configuration type was’’ ‘‘(B) providing mass transportation (as de- any purposes except those purposes author- and inserting the following ‘‘configuration fined in section 5302(a)(7) of title 49, United ized by this Act. Amounts made available by type— States Code), if the mass transportation pro- this subsection shall remain available until ‘‘(i) was’’; vider is a recipient or a subrecipient of fi- expended. The Secretary shall publish annu- (II) by striking the period at the end and nancial assistance under chapter 53 of such ally in the Federal Register a detailed ac- inserting ‘‘; and’’; and title or an entity under contract to a recipi- counting of the projects, programs, and ac- (III) by adding at the end the following: ent to provide mass transportation service tivities funded under this subsection.’’. ‘‘(ii) consists of combination of a truck for the recipient, but only to the extent that (c) CONFORMING AMENDMENTS.— tractor and 2 trailers or semitrailers.’’; and mass transportation service is provided, or’’.

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(b) OTHER FUELS.—Section 6427(b)(1) of the ‘‘(C) LIMITATION.—The maximum amount amounts made available to a State under Internal Revenue Code of 1986 (relating to made available to a State under this sub- this subsection that are, in turn, awarded by intercity, local, or school buses) is amended section shall not exceed $12,500,000. the State to subgrantees, shall be treated as by striking ‘‘or’’ at the end of subparagraph ‘‘(3) SOURCE OF FUNDS.— if apportioned— (A), by redesignating subparagraph (B) as ‘‘(A) IN GENERAL.—Amounts required to be ‘‘(A) under section 5311, if the subgrantee is subparagraph (C), and by inserting after sub- set aside and made available to States under not serving an urbanized area; and paragraph (A) the following: this subsection— ‘‘(B) directly to the subgrantee under sec- ‘‘(B) providing mass transportation (as de- ‘‘(i) may be obtained from any amounts tion 5307, if the subgrantee serves an urban- fined in section 5302(a)(7) of title 49, United under section 5309 that are made available to ized area.’’. States Code), if the mass transportation pro- the Secretary for distribution at the Sec- vider is a recipient or a subrecipient of fi- retary’s discretion; or STEVENS AMENDMENT NO. 1370 nancial assistance under chapter 53 of such ‘‘(ii) if not, shall be obtained by propor- title or an entity under contract to a recipi- tionately reducing amounts which would (Ordered to lie on the table.) ent to provide mass transportation service otherwise be made available under sub- Mr. STEVENS submitted an amend- for the recipient, but only to the extent that sections (a) and (b), for sections 5307, 5309, ment intended to be proposed by him mass transportation service is provided, or’’. 5310, and 5311, to those States and political to the bill, S. 1173, supra; as follows: (c) CONFORMING AMENDMENT.—Section subdivisions for which the amount made At the appropriate place, insert the fol- 6427(b)(2)(B) of the Internal Revenue Code of available under sections 5307, 5309, 5310, and lowing new section: 1986 is amended to read as follows: 5311 to the State (including political subdivi- ‘‘(B) EXCEPTION FOR CERTAIN TRANSPOR- sions thereof) is greater than the product SEC. . MUNICIPALITY OR FERRY AUTHORITY. TATION.—Subparagraph (A) shall not apply to of— (a) Notwithstanding any other provision of fuel used in an automobile bus which en- ‘‘(I) total amount made available to all law, section 5333(b) of Title 49, United States gaged in the transportation described in sub- States and political subdivisions under sec- Code, shall not apply to a grant to a munici- paragraph (B) or (C) of paragraph (1).’’. tions 5307, 5309, 5310, and 5311, in that fiscal pality or ferry authority for a ferry operated (d) EFFECTIVE DATE.—The amendments year; multiplied by between points which are not connected by made by this section shall apply to fuel used ‘‘(II) the State’s percentage contribution road to the remainder of the United States, after the date of enactment of this Act. to the estimated tax payments attributable Canada, or Mexico and which is replacing to highway users in all States and allocated service that has been or will be diminished JOHNSON (AND OTHERS) to the Mass Transit Account under section by the applicable State or ferry authority within 24 months of the date of passage of AMENDMENT NO. 1369 9503(e) of the Internal Revenue Code of 1986 in the latest fiscal year for which data are this amendment. (Ordered to lie on the table.) available. (b) The Federal Transit Administration is Mr. JOHNSON (for himself, Mr. ‘‘(B) PROPORTIONATE REDUCTIONS.—The authorized to award a grant to a munici- THOMAS, Mr. LEVIN, and Mr. ALLARD) Secretary also shall apply reductions under pality or ferry authority required by State submitted an amendment intended to subparagraph (A)(ii) proportionately to law to operate its ferry without any guar- be proposed by them to the bill, S. 1173, amounts made available from the Mass Tran- antee from other municipal receipts or fi- sit Account and to amounts made available nancing. supra; as follows: from other sources. At the appropriate place, insert the fol- ‘‘(C) OTHER REDUCTIONS.— SPECTER AMENDMENTS NOS. 1371– lowing: ‘‘(i) IN GENERAL.—Reductions otherwise re- 1372 SEC. ll. MINIMUM GUARANTEE OF TRANSIT quired by subparagraph (A) may be taken PROGRAM FUNDS. against the amounts that otherwise would be (Ordered to lie on the table.) Section 5338 of title 49, United States Code, made available to any State or political sub- Mr. SPECTER submitted an amend- is amended by adding at the end the fol- division thereof, only to the extent that ment intended to be proposed by him lowing: making those reductions would not reduce to the bill, S. 1173, supra; as follows: ‘‘(o) MINIMUM GUARANTEE OF TRANSIT PRO- the total amount made available to the GRAM FUNDS. State and its political subdivisions under AMENDMENT NO. 1371 ‘‘(1) SET-ASIDE REQUIRED.—For each fiscal sections 5307, 5309, 5310, and 5311 to less than On page 309, after line 3, insert the fol- year beginning after September 30, 1997, after the lesser of— lowing: providing for any allocation or set-asides ‘‘(I) 90 percent of the total of those ‘‘Sec. . DESIGNATION OF HIGH PRIORITY COR- under subsection (g) or (h), but before com- amounts made available to the State and its RIDORS. pleting distribution of other amounts made political subdivisions in fiscal year 1997; or ‘‘Section 1105(c) of the Intermodal Surface available or appropriated under subsections ‘‘(II) the minimum guarantee threshold Transportation Efficiency Act of 1991 (105 (a) and (b), the Secretary shall set aside, and amount for the State for the fiscal year at Stat. 2032–2033) is amended by inserting after shall make available to each State, in addi- issue. paragraph (29) the following: tion to amounts otherwise made available to ‘‘(ii) PROPORTIONATE REDUCTIONS.—In the ‘‘(30) The Mon-Fayette Expressway and the State (or to its political subdivisions) to event of the applicability of clause (i), the Southern Beltway in Pennsylvania. carry out sections 5307, 5309, 5310, and 5311, Secretary shall obtain the remainder of the ‘‘(31) The U.S. route 219 Corridor from the the amount calculated under paragraph amounts required to be made available to vicinity of Bradford, Pennsylvania to the vi- (2)(B). States under the minimum guarantee re- cinity of Salisbury, Pennsylvania.’’ ‘‘(2) CALCULATION.— quired by this subsection proportionately ‘‘(A) DEFINITION OF MINIMUM GUARANTEE from those States, including political sub- AMENDMENT NO. 1372 THRESHOLD AMOUNT.—In this subsection, the divisions, to which subparagraph (A) applies, On page 105, line 13, strike ‘‘$40,000,000’’ and term ‘minimum guarantee threshold and to which clause (i) of this subparagraph insert ‘‘$50,000,000’’. amount’ means, with respect to a State for a does not apply. On page 105, line 14, strike ‘‘$50,000,000’’ and fiscal year, the amount equal to the product ‘‘(4) ATTRIBUTION OF AMOUNTS.—For the insert ‘‘$70,000,000’’. of— purposes of calculations under this sub- On page 105, line 15, strike ‘‘$60,000,000’’ and ‘‘(i) total amount made available to all section, with respect to attributing to indi- insert ‘‘$80,000,000’’. States and political subdivisions under sec- vidual States any amounts made available to On page 105, line 16, strike ‘‘$70,000,000’’ and tions 5307, 5309, 5310, and 5311 for that fiscal political subdivisions that are multi-State insert ‘‘$100,000,000’’. year; multiplied by entities, the Secretary shall attribute those On page 395, line 8, strike ‘‘$120,000,000’’ and ‘‘(ii) 70 percent of the State’s percentage amounts to individual States, based on such insert ‘‘$115,000,000’’. contribution to the estimated tax payments criteria as the Secretary may adopt by rule, On page 395, line 8, strike ‘‘$125,000,000’’ and attributable to highway users in all States except that, for purposes of calculations for insert ‘‘$120,000,000’’. and allocated to the Mass Transit Account fiscal year 1998 only, the Secretary may at- On page 395, line 9, strike ‘‘$130,000,000’’ and under section 9503(e) of the Internal Revenue tribute those amounts to individual States insert ‘‘$125,000,000’’. Code of 1986 in the latest fiscal year for before adopting a rule. On page 395, line 10, strike ‘‘$135,000,000’’ which data are available. ‘‘(5) USE OF ADDITIONAL AMOUNTS.— and insert ‘‘$125,000,000’’. ‘‘(B) CALCULATION.—Subject to subpara- Amounts made available to a State under On page 395, line 10, strike ‘‘$140,000,000’’ graph (C) and any other limitations set forth this subsection may be used for any purpose and insert ‘‘$130,000,000’’. in this subsection, the amount required to be eligible for assistance under this chapter. On page 395, line 11, strike ‘‘$150,000,000’’ provided to a State under this subsection is Not more than 50 percent of the amount and insert ‘‘$135,000,000’’. the amount, if it is a positive number, that, made available to a State under this sub- On page 398, line 7, strike ‘‘$100,000,000’’ and if added to the total amount made available section for any fiscal year may be used by insert ‘‘$95,000,000’’. to the State (and its political subdivisions) the State for any project or program eligible On page 398, line 7, strike ‘‘$110,000,000’’ and under sections 5307, 5309, 5310, and 5311 for for assistance under title 23. insert ‘‘$105,000,000’’. that fiscal year, is equal to the minimum ‘‘(6) TREATMENT OF CERTAIN AMOUNTS.—For On page 398, line 8, strike ‘‘$115,000,000’’ and guarantee threshold amount. purposes of sections 5323(a)(1)(D) and 5333(b), insert ‘‘$110,000,000’’.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10989 On page 398, line 9, strike ‘‘$130,000,000’’ and (I) by striking ‘‘tobe’’ and inserting ‘‘to percentage specified for the State in the fol- insert ‘‘$120,000,000’’. be’’; and lowing table: On page 398, line 9, strike ‘‘$135,000,000’’ and (II) by adding at the end the following: ‘‘A ‘‘State Percentage insert ‘‘$125,000,000’’. project under this subparagraph shall be un- Alabama ...... 2.1138 On page 398, line 10, strike ‘‘$145,000,000’’ dertaken on a road that is classified as below Alaska ...... 0.9988 and insert ‘‘$130,000,000’’. a principal arterial.’’; and Arizona ...... 1.6077 On page 274, strike lines 3 through 7 and in- Arkansas ...... 1.4268 LEVIN AMENDMENTS NOS. 1373–1376 sert the following: California ...... 9.3057 ‘‘(ii) NONMETROPOLITAN AREAS.— Colorado ...... 1.2912 (Ordered to lie on the table.) ‘‘(I) IN GENERAL.—With respect to each Connecticut ...... 1.8229 Mr. LEVIN submitted four amend- nonmetropolitan area in the State, the pro- Delaware ...... 0.4157 ments intended to be proposed by him gram shall be developed jointly by the State, District of Columbia ...... 0.4436 to the bill, S. 1173, supra; as follows: elected officials of affected local govern- Florida ...... 4.7766 ments, and elected officials of subdivisions of Georgia ...... 3.6171 AMENDMENT NO. 1373 affected local governments that have juris- Hawaii ...... 0.6435 On page 29, strike lines 7 through 19 and in- diction over transportation planning, Idaho ...... 0.6314 sert the following: through a process developed by the State Illinois ...... 3.4058 ‘‘(i) each State’s percentage of the total that ensures participation by the elected of- Indiana ...... 2.5115 sums made available from the Highway ficials. Iowa ...... 1.082 Trust Fund for the fiscal year; bears to ‘‘(II) REVIEW.—Not less than once every 2 Kansas ...... 1.0732 On page 29, lines 23 and 24, strike ‘‘(other years, the Secretary shall review the plan- Kentucky ...... 1.7883 than the Mass Transit Account)’’. ning process through which the program was Louisiana ...... 1.5431 On page 31, strike lines 8 and 9 and insert developed under subclause (I). Maine ...... 0.5871 Maryland ...... 1.5643 the following: ‘‘(III) APPROVAL.—The Secretary shall ap- Massachusetts ...... 1.8584 ‘‘(B) shall— prove the planning process if the Secretary Michigan ...... 3.2075 ‘‘(i) in the case of amounts allocated under finds that the planning process is consistent subsection (a)(1)(A), be available for any pur- Minnesota ...... 1.4147 with this section and section 134. Mississippi ...... 1.3196 pose eligible for funding under this title, On page 286, between lines 10 and 11, insert title 49, or the Intermodal Surface Transpor- Missouri ...... 2.4028 the following: Montana ...... 0.7957 tation Efficiency Act of 1997; and SEC. 1605. STUDY OF PARTICIPATION OF LOCAL Nebraska ...... 0.8027 ‘‘(ii) in the case of amounts allocated ELECTED OFFICIALS IN TRANSPOR- Nevada ...... 0.6218 under subsection (a)(1)(B), be available for TATION PLANNING AND PROGRAM- New Hampshire ...... 0.4764 any purpose eligible for funding under this MING. New Jersey ...... 2.4404 title. (a) STUDY.—The Secretary shall conduct a New Mexico ...... 0.8767 On page 31, line 11, strike ‘‘(a)’’ and insert study on the effectiveness of the participa- New York ...... 5.1849 ‘‘(a)(1)(B)’’. tion of local elected officials in transpor- North Carolina ...... 2.9155 On page 31, line 23, strike the quotation tation planning and programming. North Dakota ...... 0.6972 marks and the following period. (b) REPORT.—Not later than 3 years after Ohio ...... 3.4675 On page 31, between lines 23 and 24, insert the date of enactment of this Act, the Sec- Oklahoma ...... 1.6553 the following: retary shall submit to the Committee on En- Oregon ...... 1.2105 ‘‘(e) APPLICABILITY OF OBLIGATION LIMITA- vironment and Public Works of the Senate Pennsylvania ...... 3.878 TIONS.—Any obligation limitation estab- and the Committee on Transportation and Rhode Island ...... 0.6208 lished by the Intermodal Surface Transpor- Infrastructure of the House of Representa- South Carolina ...... 1.6819 tation Efficiency Act of 1997 or any subse- tives a report describing the results of the South Dakota ...... 0.629 quent Act shall not apply to obligations study required under subsection (a). Tennessee ...... 2.3345 made under this section, unless the provision Texas ...... 7.0623 of law establishing the limitation specifi- AMENDMENT NO. 1376 Utah ...... 0.7969 Vermont ...... 0.3912 cally amends or limits the applicability of In lieu of the matter proposed to be in- Virginia ...... 2.647 this subsection.’’. serted, insert the following: Washington ...... 1.8263 1. SHORT TITLE. AMENDMENT NO. 1374 West Virginia ...... 1.2008 This Act may be cited as the ‘‘Short-Term Wisconsin ...... 1.8776 At the end of subtitle H of title I, add the ISTEA Extension Act of 1997’’. Wyoming ...... 0.625 following: SEC. 2. EXTENSION OF FEDERAL-AID HIGHWAY Puerto Rico ...... 0.431. SECTION 18 . USE OF BRIDGE REINFORCEMENT PROGRAMS. ‘‘(4) STATE PROGRAMMATIC DISTRIBUTION.— TECHNOLOGY IN SOUTHFIELD, (a) MAJOR PROGRAMS.— ‘‘(A) IN GENERAL.—Of the funds to be appor- MICHIGAN. (1) IN GENERAL.—Section 1003 of the Inter- tioned to each State under paragraph (3), the (a) IN GENERAL.—The Secretary shall make modal Surface Transportation Efficiency Act Secretary shall ensure that the State is ap- funds available to the State of Michigan to of 1991 (105 Stat. 1918) is amended by adding portioned an amount of the funds, deter- carry out a project to construct the Bridge at the end the following: mined under subparagraph (B)— Street bridge in the city of Southfield, ‘‘(d) FEDERAL-AID HIGHWAYS FOR PERIOD OF ‘‘(i) for the Interstate maintenance pro- Michigan, using advanced carbon and glass OCTOBER 1, 1997, THROUGH MARCH 31, 1998.— gram under section 119 of title 23, United composites as reinforcements for concrete, ‘‘(1) IN GENERAL.— States Code; instead of steel, in the manufacture of ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) for the National Highway System prestressed bridge beams and bridge decks. There are authorized to be appropriated out under section 103 of that title; (b) AUTHORIZATION OF CONTRACT AUTHOR- of the Highway Trust Fund (other than the ‘‘(iii) for the bridge program under section ITY.— Mass Transit Account) for Federal-aid high- 144 of that title; (1) IN GENERAL.—There shall be available ways and highway safety construction pro- ‘‘(iv) for the surface transportation pro- from the Highway Trust Fund (other than grams $11,942,375,000 for the period of October gram under section 133 of that title; the Mass Transit Account) to carry out this 1, 1997, through March 31, 1998. ‘‘(v) for the congestion mitigation and air section $2,300,000 for each of fiscal years 1998 ‘‘(B) DISTRIBUTION.—Amounts made avail- quality improvement program under section and 1999. able under subparagraph (A) shall be distrib- 149 of that title; (2) CONTRACT AUTHORITY.—Funds author- uted in accordance with this subsection. ‘‘(vi) for minimum allocation under section ized under this subsection shall be available ‘‘(2) CERTAIN DISCRETIONARY PROGRAMS.—Of 157 of that title; for obligation in the same manner as if the the amounts made available under paragraph ‘‘(vii) for Interstate reimbursement under funds were apportioned under chapter 1 of (1), the Secretary shall deduct, for the period section 160 of that title; title 23, United States Code. of October 1, 1997, through March 31, 1998— ‘‘(viii) for the donor State bonus under sec- ‘‘(A) $32,500,000 to carry out section tion 1013(c); AMENDMENT NO. 1375 118(c)(2) of title 23, United States Code; and ‘‘(ix) for hold harmless under section On page 125, lines 5 and 6, strike ‘‘not less ‘‘(B) $30,250,000 to carry out the discre- 1015(a); than 15 percent’’ and insert ‘‘not less than 25 tionary program under paragraphs (1) and (2) ‘‘(x) for the 90 percent of payments adjust- percent, nor more than 35 percent,’’. of section 144(g) of that title. ments under section 1015(b); On page 156, strike lines 21 through 23 and ‘‘(3) STATE ALLOCATION PERCENTAGES.— ‘‘(xi) for metropolitan planning under sec- insert the following: Using amounts remaining after making the tion 134 of that title; (B) in paragraph (3)— deductions under paragraph (2) and applica- ‘‘(xii) for section 1015(c); and (i) in the first sentence of subparagraph tion of paragraphs (4) and (5), the Secretary ‘‘(xiii) for funding restoration under sec- (A), by striking ‘‘80’’ and inserting ‘‘82’’; and shall determine the amount to be appor- tion 202 of the National Highway System (ii) in subparagraph (B)— tioned to each State in accordance with the Designation Act of 1995 (109 Stat. 571).

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‘‘(B) FORMULA.—The amount that each (A) by striking ‘‘1995, and’’ and inserting (2) in paragraph (2), by inserting before the State shall be apportioned under this sub- ‘‘1995,’’; and period at the end the following: ‘‘and section for each item referred to in subpara- (B) by inserting before the period at the $22,000,000 for the period of October 1, 1997, graph (A) shall be determined by multi- end the following: ‘‘and $86,000,000 for the pe- through March 31, 1998’’. plying— riod of October 1, 1997, through March 31, (b) ALCOHOL-IMPAIRED DRIVING COUNTER- ‘‘(i) the amount apportioned to the State 1998’’; and MEASURES.—Section 410 of title 23, United under paragraph (3); by (3) in subparagraph (C)— States Code, is amended— ‘‘(ii) the ratio that— (A) by striking ‘‘1995, and’’ and inserting (1) in subsection (c)— ‘‘(I) the amount of funds apportioned for ‘‘1995,’’; and (A) by striking ‘‘5’’ and inserting ‘‘6’’; and the item to the State for fiscal year 1997; (B) by inserting before the period at the (B) in paragraph (3), by striking ‘‘and bears to end the following: ‘‘, and $42,000,000 for the fifth’’ and inserting ‘‘fifth, and sixth’’; ‘‘(II) the total of the amount of funds ap- period of October 1, 1997, through March 31, (2) in subsection (d)(2)(B), by striking portioned for the items to the State for fis- 1998’’. ‘‘two’’ and inserting ‘‘3’’; and cal year 1997. (c) CERTAIN ALLOCATED PROGRAMS.— (3) in the first sentence of subsection (j)— ‘‘(C) MINIMUM ALLOCATION.—Funds appor- (1) HIGHWAY USE TAX EVASION.—Section (A) by striking ‘‘1997, and’’ and inserting tioned to States under this subsection for 1040(f)(1) of the Intermodal Surface Trans- ‘‘1997,’’; and minimum allocation under section 157 of portation Efficiency Act of 1991 (23 U.S.C. 101 (B) by inserting before the period at the title 23, United States Code, shall not be sub- note; 105 Stat 1992) is amended in the first end the following ‘‘, and $12,500,000 for the pe- ject to any obligation limitation. sentence by inserting before the period at riod of October 1, 1997, through March 31, ‘‘(D) ADMINISTRATION.—Funds authorized the end the following: ‘‘and $2,500,000 for the 1998’’. under this subsection shall be administered period of October 1, 1997, through March 31, (c) NATIONAL DRIVER REGISTER.—Section as if the funds had been apportioned, allo- 1998’’. 30308(a) of title 49, United States Code, is cated, deducted, or set aside, as the case may (2) SCENIC BYWAYS PROGRAM.—Section amended— be, under title 23, United States Code. 1047(d) of the Intermodal Surface Transpor- (1) by striking ‘‘1994, and’’ and inserting ‘‘(5) GENERAL OPERATING EXPENSES AND tation Efficiency Act of 1991 (23 U.S.C. 101 ‘‘1994,’’; and TERRITORIAL HIGHWAYS.— note; 105 Stat. 1998) is amended in the first (2) by inserting after ‘‘1997,’’ the following: ‘‘(A) GENERAL OPERATING EXPENSES.—After sentence— ‘‘and $1,855,000 for the period of October 1, making the determinations and before ap- (A) by striking ‘‘1994, and’’ and inserting 1997, through March 31, 1998,’’. portioning funds under paragraphs (3) and ‘‘1994,’’; and (d) OBLIGATION LIMITATION.—The total of (4), the Secretary shall deduct the amount (B) by inserting before the period at the all obligations for highway traffic safety that would be required to be deducted under end the following: ‘‘, and $7,000,000 for the pe- grants under sections 402 and 410 of title 23, section 104(a) of title 23, United States Code, riod of October 1, 1997, through March 31, United States Code, for fiscal year 1998 shall from the aggregate of amounts to be appor- 1998’’. not exceed $186,500,000. tioned to all States for programs to which (3) FERRY BOAT CONSTRUCTION.—Section the deduction under that section would SEC. 4. FEDERAL TRANSIT PROGRAMS. 1064(c) of the Intermodal Surface Transpor- apply if that section applied to the appor- (a) ALLOCATING AMOUNTS.—Section tation Efficiency Act of 1991 (23 U.S.C. 129 tionment. 5309(m)(1) of title 49, United States Code, is note; 105 Stat. 2005) is amended— ‘‘(B) TERRITORIAL HIGHWAYS.—After mak- amended by inserting ‘‘, and for the period of (A) by striking ‘‘1996, and’’ and inserting ing the determinations and before appor- October 1, 1997, through March 31, 1998’’ after ‘‘1996,’’; and tioning funds under paragraphs (3) and (4), ‘‘1997’’. (B) by inserting after ‘‘1997’’ the following: the Secretary shall deduct the amount re- (b) APPORTIONMENT OF APPROPRIATIONS FOR ‘‘, and $9,000,000 for the period of October 1, quired to be deducted under section 104(b)(1) FIXED GUIDEWAY MODERNIZATION.—Section 1997, through March 31, 1998,’’. of title 23, United States Code, for the Virgin 5337 of title 49, United States Code, is amend- Islands, Guam, American Samoa, and the (d) FISCAL YEAR 1998 OBLIGATION LIMITA- ed— Commonwealth of the Northern Mariana Is- TION.— (1) in subsection (a), by inserting ‘‘and for lands from the aggregate of amounts to be (1) IN GENERAL.—Section 1002 of the Inter- the period of October 1, 1997, through March apportioned to all States for the National modal Surface Transportation Efficiency Act 31, 1998,’’ after ‘‘1997,’’; and Highway System under this subsection.’’. of 1991 (105 Stat. 1916) is amended— (2) by adding at the end the following: (A) in subsection (a)— (2) NATIONAL RECREATIONAL TRAILS PRO- ‘‘(e) SPECIAL RULE FOR OCTOBER 1, 1997, (i) in paragraph (5), by striking ‘‘and’’ at GRAM.—Section 104(h) of title 23, United THROUGH MARCH 31, 1998.—The Secretary States Code, is amended by inserting after the end; shall determine the amount that each urban- ‘‘1997’’ the following: ‘‘and $7,500,000 for the (ii) in paragraph (6), by striking the period ized area is to be apportioned for fixed guide- period of October 1, 1997, through March 31, at the end and inserting ‘‘; and’’; and way modernization under this section on a 1998’’. (iii) by adding at the end the following: pro rata basis to reflect the partial fiscal ‘‘(7) $21,500,000,000 for fiscal year 1998.’’; and (3) WOODROW WILSON BRIDGE.—Section year 1998 funding made available by section 104(i)(1) of title 23, United States Code, is (B) by adding at the end the following: 5338(b)(1)(F).’’. amended by inserting after ‘‘1997’’ the fol- ‘‘(h) SPECIAL RULE FOR FISCAL YEAR 1998.— (c) AUTHORIZATIONS.—Section 5338 of title lowing: ‘‘, and for the period of October 1, The Secretary shall distribute— 49, United States Code, is amended— 1997, through March 31, 1998,’’. ‘‘(1) on October 1, 1997, 50 percent of the (1) in subsection (a)— (4) OFF-SYSTEM BRIDGES.—Section 144(g)(3) limitation on obligations for Federal-aid (A) in paragraph (1), by adding at the end of title 23, United States Code, is amended by highways and highway safety construction following: inserting after ‘‘1997,’’ the following: ‘‘and programs imposed by the Department of ‘‘(F) $1,284,792,000 for the period of October for the period of October 1, 1997, through Transportation and Related Agencies Appro- 1, 1997, through March 31, 1998.’’; and March 31, 1998,’’. priations Act, 1998; and (B) in paragraph (2), by adding at the end (5) SURFACE TRANSPORTATION PROGRAM.— ‘‘(2) on July 1, 1998, 50 percent of the limi- the following: (A) IN GENERAL.—Section 133(f) of title 23, tation.’’. ‘‘(F) $213,869,000 for the period of October 1, United States Code, is amended by inserting (2) LIMITATION.—Nothing in this section 1997, through March 31, 1998.’’; after ‘‘1997’’ the following: ‘‘, and for the pe- (including the amendments made by this sec- (2) in subsection (b)(1), by adding at the riod of October 1, 1997, through March 31, tion) shall apply to any funds made available end the following: 1998,’’. before October 1, 1997, for carrying out— ‘‘(F) $1,162,708,000 for the period of October (B) APPORTIONMENT OF SURFACE TRANSPOR- (A) sections 125 and 157 of title 23, United 1, 1997, through March 31, 1998.’’; TATION PROGRAM FUNDS.—Section 104(b)(3)(B) States Code; and (3) in subsection (c), by inserting ‘‘and not of title 23, United States Code, is amended in (B) sections 1103 through 1108 of the Inter- more than $1,500,000 for the period of October the first sentence by inserting after ‘‘1997,’’ modal Surface Transportation Efficiency Act 1, 1997, through March 31, 1998,’’ after ‘‘1997,’’; the following: ‘‘and for the period of October of 1991 (105 Stat. 2027). (4) in subsection (e), by inserting ‘‘and not 1, 1997, through March 31, 1998,’’. SEC. 3. EXTENSION OF HIGHWAY SAFETY PRO- more than $3,000,000 is available from the (b) FEDERAL LANDS HIGHWAYS.—Section GRAMS. Fund (except the Account) for the Secretary 1003(a)(6) of the Intermodal Surface Trans- (a) NHTSA HIGHWAY SAFETY PROGRAMS.— for the period of October 1, 1997, through portation Efficiency Act of 1991 (105 Stat. Section 2005 of the Intermodal Surface March 31, 1998,’’ after ‘‘1997,’’; 1919) is amended— Transportation Efficiency Act of 1991 (105 (5) in subsection (h)(3), by inserting ‘‘and (1) in subparagraph (A)— Stat. 2079) is amended— $3,000,000 is available for section 5317 for the (A) by striking ‘‘1992 and’’ and inserting (1) in paragraph (1)— period of October 1, 1997, through March 31, ‘‘1992,’’; and (A) by striking ‘‘1996, and’’ and inserting 1998’’ after ‘‘1997’’; (B) by inserting before the period at the ‘‘1996,’’; and (6) in subsection (j)(5)— end the following: ‘‘, and $95,500,000 for the (B) by inserting before the period at the (A) in subparagraph (B), by striking ‘‘and’’ period of October 1, 1997, through March 31, end the following: ‘‘, and $83,000,000 for the at the end; 1998’’; period of October 1, 1997, through March 31, (B) in subparagraph (C), by striking the pe- (2) in subparagraph (B)— 1998’’; and riod at the end and inserting ‘‘; and’’; and

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10991 (C) by adding at the end the following: of the Internal Revenue Code of 1986 is (1) by striking ‘‘(18) Corridor from Indian- ‘‘(D) the lesser of $1,500,000 or an amount amended— apolis,’’ and inserting the following: that the Secretary determines is necessary is (1) by striking ‘‘October 1, 1997’’ and insert- ‘‘(18)(A) Corridor from Sarnia, Ontario, available for the period of October 1, 1997, ing ‘‘October 1, 1998’’; and Canada, through Port Huron, Michigan, through March 31, 1998.’’; (2) by striking the last sentence and insert- southwesterly along Interstate Route 69 (7) in subsection (k), by striking ‘‘or (e)’’ ing the following new flush sentence: through Indianapolis,’’; and and inserting ‘‘(e), or (m)’’; and ‘‘In determining the authorizations under (2) by adding at the end the following: (8) by adding at the end the following: the Acts referred to in the preceding sub- ‘‘(B) Corridor from Sarnia, Ontario, Can- ‘‘(m) SECTION 5316 FOR THE PERIOD OF OCTO- paragraphs, such Acts shall be applied as in ada, southwesterly along Interstate Route 94 BER 1, 1997, THROUGH MARCH 31, 1998.—Not effect on the date of the enactment of this to the Ambassador Bridge interchange in De- more than the following amounts may be ap- sentence.’’. troit, Michigan. propriated to the Secretary from the Fund (b) TRANSFERS TO OTHER ACCOUNTS.— (except the Account) for the period of Octo- ‘‘(C) Corridor from Windsor, Ontario, Can- (1) Paragraphs (4)(A)(i) and (5)(A) of sec- ada, through Detroit, Michigan, westerly ber 1, 1997, through March 31, 1998: tion 9503(c), and paragraph (3) of section ‘‘(1) $125,000 to carry out section 5316(a). along Interstate Route 94 to Chicago, Illi- 9503(e), of such Code are each amended by nois.’’. ‘‘(2) $1,500,000 to carry out section 5316(b). striking ‘‘October 1, 1997’’ and inserting ‘‘Oc- ‘‘(3) $500,000 to carry out section 5316(c). tober 1, 1998’’. ‘‘(4) $500,000 to carry out section 5316(d). (2) Subparagraph (E) of section 9503(c)(6) of AMENDMENT NO. 1380 ‘‘(5) $500,000 to carry out section 5316(e).’’. such Code is amended by striking ‘‘Sep- On page 309, between lines 3 and 4, insert (d) OBLIGATION LIMITATIONS.— tember 30, 1997’’ and inserting ‘‘September the following: (1) DISCRETIONARY GRANTS AND LOANS.—The 30, 1998’’. total of all obligations from the Mass Tran- SEC. 18 . INTERNATIONAL BRIDGE, SAULT STE. (c) MASS TRANSIT ACCOUNT.—Paragraph (3) MARIE, MICHIGAN. sit Account of the Highway Trust Fund for of section 9503(e) of such Code is amended— The International Bridge authority, or its carrying out section 5309 of title 49, United (1) by striking ‘‘October 1, 1997’’ and insert- successor organization, shall be permitted to States Code, relating to discretionary grants ing ‘‘October 1, 1998’’; and continue collecting tolls for maintenance of, and loans, for fiscal year 1998 shall not ex- (2) by striking all that follows ‘‘the enact- operation of, capital improvements to, and ceed $2,000,000,000. ment of’’ and inserting ‘‘the last sentence of future expansions to the International (2) FORMULA TRANSIT PROGRAMS.—The total subsection (c)(1).’’. of all obligations for formula transit pro- (d) EFFECTIVE DATE.—The amendments Bridge, Sault Ste. Marie, Michigan, and its grams under sections 5307, 5310, 5311, and 5336 made by this section shall take effect on Oc- approaches, plaza areas, and associated of title 49, United States Code, for fiscal year tober 1, 1997. structures. 1998 shall not exceed $2,210,000,000. Amend the title so as to read: ‘‘A bill to SEC. 5. EXTENSION OF MOTOR CARRIER SAFETY authorize through March 31, 1998, funds for AMENDMENT NO. 1381 PROGRAM. construction of highways, for highway safety On page 304, after line 24, add the fol- (a) MOTOR CARRIER SAFETY FUNDING.—Sec- programs, and for mass transit programs.’’. lowing: tion 31104(a) of title 49, United States Code, (p) CREDITING OF CONTRIBUTIONS BY UNITS is amended— SPECTER AMENDMENT NO. 1377 (1) in paragraphs (1) through (5), by strik- OF LOCAL GOVERNMENT TOWARD THE STATE ing ‘‘not more’’ each place it appears and in- (Ordered to lie on the table.) SHARE.—Section 323 of title 23, United States serting ‘‘Not more’’; and Mr. SPECTER submitted an amend- Code, is amended by adding at the end the (2) by adding at the end the following: ment intended to be proposed by him following: ‘‘(6) Not more than $45,000,000 for the pe- to the bill, S. 1173, supra; as follows: ‘‘(e) CREDITING OF CONTRIBUTIONS BY UNITS riod of October 1, 1997, through March 31, On page 117, after line 22, insert the fol- OF LOCAL GOVERNMENT TOWARD THE STATE 1998.’’. lowing: SHARE.—A contribution of real property, (b) OBLIGATION LIMITATION.—The total of ‘‘(5) MAGLEV PILOT PROJECT.—Notwith- funds, material, or a service in connection all obligations for carrying out the motor standing any other provision of this section, with a project elegible for assistance under carrier safety program under section 31102 of of the amounts made available for fiscal year this title shall be credited against the State title 49, United States Code, for fiscal year 1999 by this section, $5,000,000 shall be avail- share of the project at the fair market value 1998 shall not exceed $85,325,000. able to carry out conceptual design and de- of the real property, funds, material, or serv- SEC. 6. EXTENSION OF RESEARCH PROGRAMS. velopment of a high speed MAGLEV project ice.’’. (a) BUREAU OF TRANSPORTATION STATIS- for which initial research and development funds were provided in 1991 by the Federal TICS.—Section 6006 of the Intermodal Surface AMENDMENT NO. 1382 Transportation Efficiency Act of 1991 (105 Transit Administration and which is in- On page 136, after line 22, add the fol- Stat. 2172) is amended— tended to serve an international airport in lowing: (1) by inserting ‘‘(a) IN GENERAL.—’’ before Western Pennsylvania.’’ ‘‘Chapter I’’; and SEC. 11 . NATIONAL DEFENSE HIGHWAY PRO- (2) in the first sentence of subsection (b)— ABRAHAM (AND LEVIN) GRAM. (A) by striking ‘‘1996, and’’ and inserting AMENDMENTS NOS. 1378–1383 Section 311 of title 23, United States Code, is amended— ‘‘1996,’’; and (Ordered to lie on the table.) (B) by inserting before the period at the Mr. ABRAHAM (for himself and Mr. (1) by striking ‘‘Funds made available’’ and end the following: ‘‘, and $12,500,000 for the inserting the following: LEVIN) submitted six amendments in- period of October 1, 1997, through March 31, ‘‘(a) USE OF ADMINISTRATIVE FUNDS.— 1998’’. tended to be proposed by them to the Funds made available’’; (b) INTELLIGENT TRANSPORTATION SYS- bill, S. 1173, supra; as follows: (2) by striking ‘‘construction of projects TEMS.—Section 6058(b) of the Intermodal AMENDMENT NO. 1378 for’’ and inserting the following: ‘‘construc- Surface Transportation Efficiency Act of On page 136, after line 22, add the fol- tion of— 1991 (105 Stat. 2194) is amended— lowing: ‘‘(1) projects for’’; and (1) by striking ‘‘1992 and’’ and inserting SEC. 11 . AMBASSADOR BRIDGE ACCESS, DE- (3) by striking ‘‘may designate. With the ‘‘1992,’’; and TROIT, MICHIGAN. consent’’ and inserting the following: ‘‘may (2) by inserting before the period at the end Notwithstanding section 129 of title 23, designate; and the following: ‘‘, and $56,500,000 for the period United States Code, or any other provision of of October 1, 1997, through March 31, 1998’’. law, improvements to and construction of ‘‘(2) transportation projects associated (c) RESEARCH AND TECHNOLOGY PROGRAM.— access roads, approaches, and related facili- with the economic redevelopment of real Section 307 of title 23, United States Code, is ties (such as signs, lights, and signals) nec- property that was the subject of a base clo- amended in subsections (b)(2)(B), (e)(13), and essary to connect the Ambassador Bridge in sure. (f)(4) by inserting after ‘‘1997’’ each place it Detroit, Michigan, to the Interstate System ‘‘(b) USE OF APPORTIONED FUNDS.—With the appears the following: ‘‘and for the period of shall be eligible for funds apportioned under consent’’. October 1, 1997, through March 31, 1998,’’. paragraphs (1) and (3) of section 104(b) of that (d) EDUCATION AND TRAINING PROGRAM.— title. AMENDMENT NO. 1383 Section 326(c) of title 23, United States Code, On page 156, strike lines 18 through 24 and is amended in the second sentence by insert- AMENDMENT NO. 1379 insert the following: ing after ‘‘1997’’ the following: ‘‘, and for the On page 309, between lines 3 and 4, insert period of October 1, 1997, through March 31, the following: (1) in subsection (c), by striking ‘‘sub- section (b)(1)’’ and inserting ‘‘subsections 1998,’’. SEC. 18 . MODIFICATION OF HIGH PRIORITY SEC. 7. 1-YEAR EXTENSION OF HIGHWAY TRUST CORRIDOR. (b)(1) and (d)(3)(B)(ii)’’; FUND EXPENDITURES. Section 1105(c)(18) of the Intermodal Sur- (2) in subsection (d)— (a) GENERAL EXPENDITURE AUTHORITY AND face Transportation Efficiency Act of 1991 (A) in paragraph (2), by striking ‘‘10’’ and PURPOSES.—Paragraph (1) of section 9503(c) (105 Stat. 2032) is amended— inserting ‘‘8’’; and

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(B) in paragraph (3)— amounts appropriated to the Highway Trust ‘‘(2) COLLABORATIVE RESEARCH AND DEVEL- (i) in the first sentence of subparagraph Fund under subsection (b) which are attrib- OPMENT.— (A), by striking ‘‘80’’ and inserting ‘‘82’’; and utable to taxes under sections 4041 and 4081 ‘‘(A) IN GENERAL.—To encourage innovative (ii) in subparagraph (B)— imposed after September 30, 1997. solutions to surface transportation problems (I) by striking ‘‘Of the amounts required ‘‘(B) BLOCK GRANT PORTION.—For purposes and stimulate the deployment of new tech- tobe’’ and inserting the following: of subparagraph (A), the term ‘block grant nology, the Secretary may carry out, on a ‘‘(i) IN GENERAL.—Of the amounts required portion’ means an amount determined at the cost-shared basis, collaborative research and to be’’; and rate of .3 cent for each gallon with respect to development with— (II) by adding at the end the following: which tax was imposed under section 4041 or ‘‘(i) non-Federal entities, including State ‘‘(ii) ROADS CLASSIFIED AS MINOR COLLEC- 4081. and local governments, foreign governments, TORS.—Not more than 15 percent of the ‘‘(3) EXPENDITURES FROM ACCOUNT.— colleges and universities, corporations, insti- amounts required to be obligated under this ‘‘(A) IN GENERAL.—The applicable percent- tutions, partnerships, sole proprietorships, subparagraph may be obligated for roads age of the amounts in the Block Grant Ac- and trade associations that are incorporated functionally classified as minor collectors.’’; count shall be available, as provided by ap- or established under the laws of any State; and propriation Acts, to each State for making and (3) in subsection (e)— expenditures after September 30, 1997, for ‘‘(ii) multipurpose Federal laboratories. projects which are or would otherwise be funded under the Intermodal Surface Trans- AMENDMENT NO. 1388 ABRAHAM AMENDMENT NO. 1384 portation Efficiency Act of 1997. On page 385, line 13, strike ‘‘and’’ after the (Ordered to lie on the table.) ‘‘(B) APPLICABLE PERCENTAGE.—The appli- semicolon. Mr. ABRAHAM submitted an amend- cable percentage for any State in any fiscal On page 385, line 17, strike the period and ment intended to be proposed by him year is the State’s percentage of the total insert a semicolon. to the bill, S. 1173, supra; as follows: expenditures allocated to all States from the On page 385, between lines 17 and 18, insert Highway Trust Fund (other than the Block the following: On page 156, strike line 18 and insert the Grant Account) for the preceding fiscal year. ‘‘(15) to promote the deployment of new in- following: ‘‘(C) ENFORCEMENT.—If the Secretary de- telligent transportation system technologies (1) in subsection (b)(9), by striking ‘‘section termines that a State has used funds under at international ports of entry into the 108(f)(1)(A) (other than clauses (xii) and (xvi)) this paragraph for a purpose that is not de- United States to detect and deter illegal nar- of the Clean Air Act’’ and inserting ‘‘section scribed in subparagraph (A), the amount of cotic smuggling; and 108(f)(1)(A) (other than clause (xvi)) of the the improperly used funds shall be deducted ‘‘(16) to promote the deployment of intel- Clean Air Act (42 U.S.C. 7408(f)(1)(A))’’; from any amount the State would otherwise ligent transportation systems to expedite (2) in subsection (d)— receive from the Highway Trust Fund for the the movement of commercial cargo through On page 156, line 24, strike ‘‘(2)’’ and insert fiscal year that begins after the date of the international ports of entry into the United ‘‘(3)’’. determination.’’. States.

ABRAHAM (AND LEVIN) DOMENICI AMENDMENTS NOS. 1387– AMENDMENT NO. 1389 AMENDMENT NO. 1385 1394 On page 371, line 6, strike ‘‘and’’ after the semicolon. (Ordered to lie on the table.) (Ordered to lie on the table.) On page 371, line 10, strike the period and Mr. ABRAHAM (for himself and Mr. Mr. DOMENICI submitted eight insert ‘‘; and’’. LEVIN) submitted an amendment in- amendments intended to be proposed On page 371, between lines 10 and 11, insert tended to be proposed by them to the by him to the bill, S. 1173, supra; as fol- the following: bill, S. 1173, supra; as follows: lows: ‘‘(6) the development of new non- destructive bridge evaluation technologies On page 130, strike lines 19 through 22 and AMENDMENT NO. 1387 and techniques. insert the following: Beginning on page 339, strike line 11 and (4) in paragraph (3)— all that follows through page 341, line 16, and AMENDMENT NO. 1390 (A) by inserting ‘‘or maintenance of the insert the following: At the appropriate place, insert the fol- standard’’ after ‘‘standard’’; and ‘‘(ii) in cooperation with other Federal de- lowing: (B) by striking ‘‘or’’ at the end; partments, agencies, and instrumentalities (5) in paragraph (4)— and multipurpose Federal laboratories; or SEC. . DESIGNATION OF NEW MEXICO COMMER- (A) by inserting ‘‘or maintenance’’ after ‘‘(iii) by making grants to, or entering into CIAL ZONE. ‘‘attainment’’; and contracts, cooperative agreements, and other (a) COMMERCIAL ZONE DEFINED.—The term (B) by striking the period at the end and transactions with, the National Academy of ‘‘commercial zone’’ means a zone containing inserting ‘‘; or’’; and Sciences, the American Association of State lands adjacent to, and commercially a part (6) by inserting after paragraph (4) the fol- Highway and Transportation Officials, or of, 1 or more municipalities with respect to lowing: any State agency, authority, association, in- which the exception described in section ‘‘(5) to purchase mass transit vehicles or to stitution, for-profit or nonprofit corporation, 13506(b)(1) of title 49, United States Code, ap- construct mass transit facilities.’’. organization, foreign country, or person. plies. ‘‘(C) TECHNICAL INNOVATION.—The Sec- (b) DESIGNATION OF ZONE.— (1) IN GENERAL.—The area described in ABRAHAM AMENDMENT NO. 1386 retary shall develop and carry out programs to facilitate the application of such products paragraph (2) is designated as a commercial (Ordered to lie on the table.) of research and technical innovations as will zone, to be known as the ‘‘New Mexico Com- Mr. ABRAHAM submitted an amend- improve the safety, efficiency, and effective- mercial Zone’’. ness of the transportation system. (2) DESCRIPTION OF AREA.—The area de- ment intended to be proposed by him scribed in this paragraph is the area that is ‘‘(D) FUNDS.— to the bill, S. 1173, supra; as follows: ˜ ‘‘(i) IN GENERAL.—Except as otherwise spe- comprised of Dona Ana County and Luna At the end of the amendment add the fol- cifically provided in other sections of this County in New Mexico. lowing: chapter— (c) SAVINGS PROVISION.—Nothing in this SEC. . BLOCK GRANT ACCOUNT. ‘‘(I) to carry out this subsection, the Sec- Act shall affect any action commenced, or Section 9503 of the Internal Revenue Code retary shall use— pending before the Secretary of Transpor- of 1986 (relating to Highway Trust Fund), as ‘‘(aa) funds made available under section tation or Surface Transportation Board be- amended by section 901(d) of the Taxpayer 541 for research, technology, and training; fore the date of enactment of this Act. Relief Act of 1997, is amended by adding at and the end the following: ‘‘(bb) such funds as may be deposited by AMENDMENT NO. 1391 ‘‘(f) ESTABLISHMENT OF BLOCK GRANT AC- any cooperating organization or person in a On page 320, strike lines 11 and 12 and in- COUNT.— special account of the Treasury established sert the following: ‘‘(1) CREATION OF ACCOUNT.—There is estab- for this purpose; and ‘‘(I) surface transportation safety; lished in the Highway Trust Fund a separate ‘‘(II) the funds described in item (aa) shall ‘‘(J) infrastructure finance studies; or account to be known as the ‘Block Grant Ac- remain available for obligation for a period ‘‘(K) development and testing of innovative count’, consisting of such amounts as may be of 3 years after the last day of the fiscal year technologies for bridge construction and transferred or credited to the Block Grant for which the funds are authorized. nondestructive evaluation. Account as provided in this subsection or ‘‘(ii) USE OF FUNDS.—The Secretary shall section 9602(b). use funds described in clause (i) to develop, AMENDMENT NO. 1392 ‘‘(2) TRANSFERS TO BLOCK GRANT ACCOUNT.— administer, communicate, and promote the On page 98 line 13, insert ‘‘, and is projected ‘‘(A) IN GENERAL.—The Secretary of the use of products of research, development, to grow in the future,’’ after ‘‘103–182)’’. Treasury shall transfer to the Block Grant and technology transfer programs under this On page 98 line 17, insert ‘‘, and is projected Account the block grant portion of the section. to grow,’’ after ‘‘grown’’.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10993 AMENDMENT NO. 1393 TER) submitted an amendment in- that amendment $415,000,000 for fiscal year On page 389, line 4, insert ‘‘the national tended to be proposed by them to the 1999, $415,000,000 for fiscal year 2000, laboratories,’’ after ‘‘universities,’’. bill, S. 1173, supra; as follows: $450,000,000 for fiscal year 2001, $440,000,000 for fiscal year 2002, and $480,000,000 for fiscal Strike the last word and insert the fol- year 2003, except that the funds made avail- AMENDMENT NO. 1394 lowing: able under this subparagraph— On page 122, line 6, strike ‘‘of the’’ and in- SEC. 1128. GAS TAX HONESTY PROGRAM. (i) shall be subject to the obligation limi- sert the following: ‘‘of— (a) IN GENERAL.— tations established under section 1103 or any (1) the’’. (1) APPORTIONMENT.—On October 1 of each other provision of law; and On page 122, line 11, strike the period and fiscal year, the Secretary shall apportion the (ii) notwithstanding section 118(g)(1)(C)(v) insert ‘‘; and’’. funds authorized for the gas tax honesty pro- of title 23, United States Code, shall be sub- On page 122, between lines 11 and 12, insert gram under this subsection among the ject to subparagraphs (A) and (B) of section the following: States in the ratio that— 118(g)(1) of that title; and (2)(A) Interstate Business Loop 35 in Santa (A) the total of the apportionments to each (C) in addition to the sums made available Rosa, New Mexico, connecting United States State under section 104 of title 23, United under section 1101(1), there shall be available Route 84 and United States Route 54 to States Code, and allocations to each State from the Highway Trust Fund (other than Interstate Route 40; under section 105(a) of that title; bears to (B) New Mexico Route 14 in Sante Fe, New (B) the total of all apportionments to all the Mass Transit Account) for the Interstate Mexico, connecting Interstate Route 25 and States under section 104 of that title and al- and National Highway System program United States Route 84; and locations to all States under section 105(a) of $90,000,000 for each of fiscal years 1999 (C) United States Route 550 from Farm- that title. through 2003, which funds shall be allocated by the Secretary for projects described in ington, New Mexico, to Aztec, New Mexico. (2) ELIGIBLE PROJECTS.—A State may obli- gate funds authorized for the gas tax honesty subparagraphs (A), (B), and (C) of section 104(k)(1) of title 23, United States Code, to BROWNBACK AMENDMENT NO. 1395 program under this subsection for any project eligible for funding under section any State for which— (Ordered to lie on the table.) 133(b) of title 23, United States Code. (i) the ratio that— Mr. BROWNBACK submitted an (3) AUTHORIZATION OF CONTRACT AUTHOR- (I) the State’s percentage of total Federal- amendment intended to be proposed by ITY.— aid highway program apportionments and (A) IN GENERAL.—There shall be available Federal lands highways program allocations him to the bill, S. 1173, supra; as fol- under the Intermodal Surface Transpor- lows: from the Highway Trust Fund (other than the Mass Transit Account) to carry out this tation Efficiency Act of 1991 (105 Stat. 1914), On page 156, strike lines 19 and 20 and in- subsection $5,370,000,000 for fiscal year 1999, and allocations under sections 1103 through sert the following: $5,471,000,000 for fiscal year 2000, $5,573,000,000 1108 of that Act (105 Stat. 2027), for the period (A) in paragraph (2)— for fiscal year 2001, $5,676,000,000 for fiscal of fiscal years 1992 through 1997; bears to (i) by striking ‘‘ACTIVITIES.—10’’ and insert- year 2002, and $5,781,000,000 for fiscal year (II) the percentage of estimated total tax ing the following: ‘‘ACTIVITIES.— 2003. receipts attributable to highway users in the ‘‘(A) IN GENERAL.—Subject to subparagraph (B) CONTRACT AUTHORITY.—Funds author- State paid into the Highway Trust Fund (B), 8’’; and ized under this paragraph shall be available (other than the Mass Transit Account) for (ii) by adding at the end the following: for obligation in the same manner as if the the period of fiscal years 1992 through 1997; ‘‘(B) WAIVER BY THE SECRETARY.—The Sec- funds were apportioned under chapter 1 of is less than or equal to 1.00; retary may waive the application of subpara- title 23, United States Code. (ii) the ratio that— graph (A) with respect to a State upon re- (4) TREATMENT OF APPORTIONMENTS.—Fifty (I) the State’s estimated percentage of ceipt of a petition from the State requesting percent of the amounts apportioned under total Federal-aid highway program appor- the waiver.’’; and paragraph (1) shall be subject to section tionments for the period of fiscal years 1998 133(d) of title 23, United States Code. through 2003 under this Act; bears to DOMENICI AMENDMENT NO. 1396 (b) SPENDING ADJUSTMENT FOR HIGHWAY (II) the percentage of estimated total tax PROGRAMS.— (Ordered to lie on the table.) receipts attributable to highway users in the (1) IN GENERAL.—If— State paid into the Highway Trust Fund Mr. DOMENICI submitted an amend- (A) the baseline projections for the fiscal (other than the Mass Transit Account) for ment intended to be proposed by him year 1999 budget resolution contain the sav- the period of fiscal years 1998 through 2003; to the bill, S. 1173, supra; as follows: ings in budget outlays for fiscal years 1998 is less than or equal to 1.00, as of the date of On page 345, strike line 14 and insert the through 2002 (as compared to budget outlay enactment of this Act; and following: report required under section levels projected in the Balanced Budget (iii) the State’s estimated percentage of 5221(d) of title 49. Agreement) that are contained in the Presi- total Federal-aid highway program appor- ‘‘(d) REVISED NATIONAL LABORATORY OVER- dent’s fiscal year 1998 midsession review; and tionments for the period of fiscal years 1998 HEAD RATES.—In connection with activities (B) the assumptions for the fiscal year 1999 through 2003 under this Act, as of the date of conducted under this section through a na- budget resolution allow these outlay savings enactment of this Act, is less than the tional laboratory, the Secretary of Energy to be spent; State’s percentage of total Federal-aid high- shall establish a revised overhead rate that— that resolution should ensure that any addi- way program apportionments and Federal ‘‘(1) is commensurate with services of the tional spending of these savings be used to lands highways program allocations under national laboratory actually used by the fully fund the highway spending resulting the Intermodal Surface Transportation Effi- Secretary of Transportation; and from this Act, as modified by this section. ciency Act of 1991, and allocations under sec- ‘‘(2) does not reflect overhead charges asso- (2) MAXIMUM AMOUNT.—The amount of ad- tions 1103 through 1108 of that Act, for the ciated with legacy wastes and security for ditional spending provided in the resolution period of fiscal years 1992 through 1997. nuclear operations or any other additional shall not exceed the savings identified in (2) CONTRACT AUTHORITY.—Funds author- charges.’’. paragraph (1)(A) for the applicable fiscal ized under subparagraphs (A)(i) and (C) of year. paragraph (1) shall be available for obliga- BYRD (AND OTHERS) AMENDMENT (c) OTHER ADJUSTMENTS.— tion in the same manner as if the funds were (1) IN GENERAL.—Notwithstanding sections NO. 1397 apportioned under chapter 1 of title 23, 1116, 1117, and 1118, and the amendments United States Code, except that funds made (Ordered to lie on the table.) made by those sections— available under paragraph (1)(C) shall remain Mr. BYRD (for himself, Mr. GRAMM, (A) in lieu of the amounts authorized to be available until expended. Mr. BAUCUS, Mr. WARNER, Mr. AKAKA, appropriated under section 1116(d)(5)— (3) LIMITATION.—No obligation authority (i) there shall be available from the High- Mr. ASHCROFT, Mr. BREAUX, Mr. BRYAN, shall be made available for any amounts au- way Trust Fund (other than the Mass Tran- Mr. BUMPERS, Mr. BURNS, Mr. CLELAND, thorized under this subsection in any fiscal sit Account) to carry out section 1116(d) year for which any obligation limitation es- Mr. COATS, Mr. COVERDELL, Mr. $50,000,000 for fiscal year 1999 and $100,000,000 tablished for Federal-aid highways is equal DEWINE, Mr. DORGAN, Mr. FAIRCLOTH, for each of fiscal years 2000 through 2003; and to or less than the obligation limitation es- Mrs. FEINSTEIN, Mr. FORD, Mr. GRAMS, (ii) there are authorized to be appropriated tablished for fiscal year 1998. to carry out section 1116(d) $125,000,000 for Mr. HARKIN, Mr. HOLLINGS, Mr. HUTCH- f INSON, Mr. INHOFE, Mr. INOUYE, Mr. fiscal year 1998 and $25,000,000 for each of fis- JOHNSON, Mr. KENNEDY, Mr. KERREY, cal years 1999 through 2003; NOTICES OF HEARINGS (B) in addition to the funds made available Mr. KERRY, Ms. LANDRIEU, Mr. LEAHY, COMMITTEE ON INDIAN AFFAIRS under the amendment made by section Mr. LIEBERMAN, Mr. MCCAIN, Mr. 1117(d), there shall be available from the Mr. CAMPBELL. Mr. President, I MCCONNELL, Ms. MIKULSKI, Mr. REID, Highway Trust Fund (other than the Mass would like to announce that the Senate Mr. ROCKEFELLER, Mr. SANTORUM, Mr. Transit Account) in the manner described in, Committee on Indian Affairs will meet SESSIONS, Mr. SHELBY, and Mr. SPEC- and to carry out the purposes specified in, on Thursday, October 23, 1997, at 9 a.m.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10994 CONGRESSIONAL RECORD — SENATE October 22, 1997 in room 485 of the Russell Senate Office ator BIDEN’s remarks. It would be time cess or failure will depend in large part on Building to conduct a markup on S. well spent. the success or failure of our policy in Bosnia. 109, to provide Federal housing assist- I ask that the text of Senator BIDEN’s So we better get it right. ance to native Hawaiians; S. 156, the remarks be printed in the RECORD. II. FROM ‘‘LIFT AND STRIKE’’ TO DAYTON Lower Brule Sioux Tribe Infrastructure The remarks follow: At the outset, let me state the obvious: I have cared deeply about Bosnia for a long Trust Fund Act; S. 1079, to permit the BOSNIA AND AMERICAN FOREIGN POLICY: time, since the beginning of the war. Some FINISHING THE JOB leasing of mineral rights within the would say I bring ‘‘historical baggage’’ to boundaries of the Ft. Berthold Reserva- (By Joseph R. BIDEN, Jr.) the issue. I care not just because of the stra- tion; and H.R. 79, the Hoopa Valley I. INTRODUCTION tegic implications—as Bosnia goes, so goes Reservation South Boundary Adjust- It would be a very high honor under any NATO—but for humanitarian reasons. ment Act. circumstances to be called to the fatemi uni- Appalled by the naked Serbian aggression Those wishing additional information versity chair in international studies here at and genocidal attacks on Bosnian civilians, should contact the Committee on In- Farleigh Dickinson University. in September 1992 I called for a ‘‘lift and strike’’ policy. That was shorthand for lift- dian Affairs at 224–2251. Although I’m not sure I deserve the dis- tinction, I feel honored to be the first to hold ing the illegal and immoral arms embargo COMMITTEE ON INDIAN AFFAIRS that chair. against the Bosnian Government, which was Mr. CAMPBELL. Mr. President, I This is for me, as I know it is for many of the victim of aggression, and launching air would like to announce that the Senate you, an extra-special occasion, and an extra- strikes against the Bosnian Serb aggressors. Committee on Indian Affairs will meet special honor. My views were not widely shared at that Not only because of the very high standing time. As the war escalated—with massacres, on Wednesday, October 29, 1997, at 9:30 ‘‘ethnic cleansing,’’ and rapes—a few other a.m. in room 106 of the Dirksen Senate in the foreign policy community the grad- uate institute of international studies has senators, including Bob Dole and JOE LIE- Office Building to conduct a hearing on earned for Farleigh Dickinson. BERMAN, joined my call for action. But it S. 1077, a bill to amend the Indian Not just because of the pre-eminent posi- took more than two years of failed diplo- Gaming Regulatory Act. tion Dr. Fatemi occupied in the field of macy—and a quarter-million killed and two Those wishing additional information international studies, million homeless—before we finally came should contact the Committee on In- But also because I have had the very great around to the much-derided ‘‘lift and strike’’ dian Affairs at 224–2251. privilege of knowing Dr. Fatemi and his fam- policy in the fall of 1995. ily personally, through the friendship of his Guess what? The policy worked! The Ser- COMMITTEE ON INDIAN AFFAIRS son Fariborz. So besides an opportunity to bian bullies sued for peace, and under the Mr. CAMPBELL. Mr. President, I discuss foreign policy with you, this is a leadership of Ambassador Dick Holbrooke we would like to announce that the Senate kind of homecoming for me. were able to hammer out the Dayton accords Committee on Indian Affairs will meet That’s the way Dr. Fatemi and his family in November 1995. I’m leaving out the de- on Thursday, October 30, 1997, at 9:30 made even a stranger feel upon entering tails—all the peace plans that didn’t work— their household, and that kind of hospitality but in a nutshell that’s what happened. a.m. in room 485 of the Russell Senate Honest people may disagree about the com- Office Building to conduct a hearing on was a direct reflection of the kind of man he was. promises that were made at Dayton. I think the nomination of B. Kevin Gover to be I knew beforehand of his record as a dip- the accords accomplished as much as we Assistant Secretary for Indian Affairs, lomat, as a writer and teacher, and as an ex- could have hoped for, given the obvious re- Department of the Interior. emplar of the richness and integrity of an luctance of our Government, and of our Eu- Those wishing additional information ancient but still vital culture. ropean allies, to get more deeply involved should contact the Committee on In- What I discovered when I met him was that militarily. And I wish I could say that even the mod- dian Affairs at 224–2251. the man was even more impressive than his credentials. Despite his many achievements, est results envisioned in Dayton had been f he always put his newest acquaintance in- achieved. But they have not. It’s true that ADDITIONAL STATEMENTS stantly at ease. conditions today are far better than the If you were his guest, he became your bloody mayhem that existed during the war. friend, and when he was your friend, you be- The killing has stopped. came, eagerly and irresistibly, his student. But we are only halfway to the full peace BOSNIA AND AMERICAN FOREIGN envisioned in the Dayton accords. The ques- POLICY: FINISHING THE JOB That was not just because of his learning and the experience he gained over a long and pro- tion is: ‘‘How do we get the rest of the way? ∑ Mr. DODD. Mr. President, on October ductive life. How do we finish the job? 16, our colleague, Senator JOE BIDEN He became a valued friend and mentor pri- III. BOSNIA TODAY gave a very important and insightful marily because it was his nature to do so. He Having returned 6 weeks ago from my assessment of United States foreign was undeniably bright and intellectually third trip to Bosnia, I am certainly aware of policy with respect to Bosnia. The oc- challenging. But he was also gentle, unas- the contradictions, the ambiguities, the iro- casion for those remarks was that Sen- suming and encouraging. nies, and the uncertainties of Bosnia today. He taught by example rather than precept; Bosnia and Herzegovina might be labeled the ator BIDEN was being honored by he radiated wisdom and good will in equal classical land of ‘‘yes, but.’’ Fairleigh Dickinson University by measure. Yes, there has been ongoing conflict among being chosen as the first individual to It was impossible not to leave his presence the various religious groups in Bosnia—the hold a newly established chair at the wiser than you arrived. Orthodox Serbs, the Catholic Croats, and the university—the Fatemi University The breadth of his scholarship was aston- Muslim South Slavs—for centuries. Chair in International Studies. ishing, and simply being exposed to it was an But, for most of the time, these conflicts In accepting this honor, Senator invigorating experience. were kept under control, usually by an out- But it was the clarity of his insights into side hegemon: first the Ottoman Turks, then BIDEN focused his remarks on a current the maelstrom of the Middle East and the the Austrian Habsburgs, and more recently and some what daunting foreign policy passions of the islamic fundamentalists that the Communists under President Tito. challenge that looms before us in the were most valuable to me. When violence broke out in the spring of coming months—Bosnia. As is always The views I am about to express on Bosnia, 1992, a cosmopolitan society existed in much the case, JOE gave his candid and un- are, of course, mine alone. But if I manage to of Bosnia. Sarajevo, for example, had one of varnished assessment of the current shed any light on that bloody confrontation, the highest rates of inter-marriage in all of situation in Bosnia—what’s gone right much of the credit must go to Nasrollah Europe. What killed the ‘‘live and let live’’ character of Sarajevo were unscrupulous, and what’s gone wrong. He also sets Fatemi, who opened his hearth, his heart and his mind to me in a way I shall never forget. ultra-nationalist politicians, many of whom forth how he believes U.S. policy Bosnia, of course, has significance far be- were searching for a new ‘‘-ism’’ to replace should evolve over the coming months, yond the borders of the former Yugoslavia. communism, an ideology that had been dis- if the United States is to enhance the It has turned out to be one of the most se- credited. prospects for fostering peace and sta- rious challenges for America’s foreign policy Yes, there were elements of civil war in bility in that war-torn country and in in the post-cold-war era. It has produced 5 Bosnia, but there was also blatant aggres- maintaining its leadership in shaping years of debate in congress. It is the center- sion from Serbia across an internationally recognized border. In fact, it was through the the course of world events. His com- piece of any discussion about American mili- tary intervention around the world. In short, overwhelming advantage of the weaponry, ments were very thoughtful and very it has become a critical test of our foreign the salaries, and the support services fur- much on target from my point of view. policy. nished by Slobodan Milosevic that the Bos- Mr. President, I urge all of my col- Rightly or wrongly, whether United States nian Serbs perpetrated their systematic leagues to take a moment to read Sen- foreign policy in this era is viewed as a suc- slaughter.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10995 The ‘‘yes, but’’ dichotomy persists in Bos- cers, is molding a unified force under joint American and European steadfastness, it is nia today. command. We have supplied three hundred solvable. Yes there has been considerable progress in million dollars worth of equipment. I visited By continuing to lead the effort to put Bosnia since Dayton, but a huge amount re- the training center in Hadz˘ic´i (haj-eech-ee), Bosnia and Herzegovina back on its feet and mains to be accomplished. near Sarajevo, where Muslims and Croats are guarantee its citizens a chance to lead pro- Yes the 50 percent unemployment rate in studying and training. ductive lives, the United States will be both the Bosnian Croat Federation is huge, but it On the local level, in the Federation, living up to its ideals and furthering its na- has come down from 90 percent in only one multi-ethnic police forces are being formed. tional self-interest. Thank you.∑ year. Incidentally, it still hovers at 90 per- Believe it or not, joint Muslim-Croat police cent in the Republika Srpska, which has units are now patrolling Mostar, scene of f been denied all but a trickle of international some of the worst warfare in 1993 and early NATIONAL TESTING aid because it has refused to implement the 1994. So there is progress here as well. Dayton accords. IV. NEXT STEPS ∑ Mr. CRAIG. Mr. President, as you Yes, Bosnian Serbs regularly try to para- know, the Labor/HHS/Education con- lyze many of the institutions of national In citing these examples of progress, I do not want to suggest for a moment that con- ference committee is considering fund- government created at Dayton, but the Par- ing for national education testing. I liament has begun to meet, and even the ditions in the Federation, let alone in the three-member presidency shows signs of life. Republika Srpska, are rosy. want to make it clear where I stand on Yes, the nationalist parties representing They are not. But everyone to whom I this important issue and point out to the Serbs, Muslims, and Croats are narrow- spoke in Bosnia agreed on two things: First, my fellow conferees the task before us. minded and corrupt, and in many ways re- significant progress has been made in the While I support higher standards for Federation; and second, it is absolutely es- semble the characteristics of the old Yugo- our schools, I cannot support national slav league of Communists, which they sup- sential for the international military force to remain in Bosnia after June 1998 to guar- testing. National testing, despite what planted. some of its supporters might say, is the But even in this cynical Bosnian political antee that progress will continue. arena there is hope. In last month’s munic- So what should our policy be in Bosnia in first step toward a unified national ipal elections a non-nationalist, multi-ethnic the coming months? I believe we should re- curriculum. It is my firm belief that coalition triumphed in Tuzla, one of Bosnia’s double the efforts we are already making. these decisions are better left to the largest cities. Yes, I would like to see a multi-ethnic, States and locally elected school A non-nationalist opposition also exists in multi-religious society re-emerge like the boards. the Republika Srpska. I met with three of its one that existed in Sarajevo before the war. But, I fear that too much blood has been Some might argue that testing to a leaders in Banja Luka. They are confident national standard would not affect cur- that they—not Kardz˘ic´ and his thugs from shed and too many atrocities committed for Pale, not President Plavs˘ic´—are the wave of that to happen in the near future. riculum. However, to do well on the the future. More realistic, and politically feasible, is tests, students will have to be taught Yes, more than two-thirds of the indicted the development of a multi-ethnic state. accordingly. This was pointed out by war criminals remain at large—an inter- Most likely that will mean a confederation Acting Secretary of Education Mar- national disgrace. But, ladies and gentlemen, with a good degree of de-centralization in all shall Smith who said: ‘‘to do well in just last week, under strong pressure from but foreign policy and defense. the national tests, curriculum and in- Washington, Croatia and the Bosnian Croats Am I sure that we can achieve the goal of a democratic, decentralized Bosnia? No, I am struction would have to change.’’ surrendered 10 indicted Bosnian Croats to Even the Washington Post agrees the Hague. not. Last year I would have rated the odds 1 Virtually every observer of Bosnia believes in 20. that the test would be ‘‘a dramatic step that Dayton cannot be implemented until in- As a result of the progress made in the last toward a national guideline for what dicted war criminals are indicted and trans- 12 months, I would now estimate the odds on students should be learning in core ported to the International Tribunal at the success at about 50-50, if we stay the course. subjects.’’ Hague to stand trial. But 50-50 looks mighty good compared to Mr. President, the schools of Idaho The other major precondition for progress the probable outcome if we followed the ad- are doing well, and our students con- vice of those now calling for a renegotiation in Bosnia is the return of refugees and dis- tinually score above the national aver- placed persons that was mandated by the of Dayton and a formal partition of Bosnia. Dayton accords. ‘‘Snatching defeat from the jaws of victory’’ age in core subjects, without being told Yes, this will be the most difficult of all might be a slight exaggeration, but this pol- what and how to teach by Washington the Dayton tasks to accomplish. icy prescription tends in that direction. bureaucrats. But , contrary to popular belief, even here Those who favor partition seem unaware of Supporters of the tests argue that a there has been noteworthy progress. As the progress already made in Bosnia and national standard would be acceptable many as 150,000 refugees have returned to blind to the calamities that would result because it would be based on standards from scrapping Dayton. Bosnia from abroad, and another 160,000 per- developed by the Department of Edu- sons who were displaced within Bosnia have Warfare would almost certainly erupt returned to their homes. again, with higher casualties, given the new cation: the National Assessment of Most of these have returned to areas where military balance. Education Progress [NAEP]. However, their ethnic group is in the majority, but an But renewed fighting would only be part of the NAEP framework is fundamentally ‘‘open cities’’ program has induced several the tragedy. The vile ethnic cleansers and flawed. These standards are so out-of- towns—even a half-dozen villages in the the war criminals would see their policies touch that no State in 50 has adopted Republika Srpska—to accept returnees from vindicated. Europe’s remaining anti-demo- them. Now we’re being asked to force other groups in return for economic assist- cratic rulers like Serbia’s Milosevic´ and the States to teach within the NAEP Belarus’s Lukashenka would be emboldened. ance. framework. On my last trip, I visited one of these sites Moreover, if we pulled the plug on Bosnia in a suburb of Sarajevo occupied by the Bos- just as international efforts are beginning to Most offensive, Mr. President, is the nian Serbs during the war and returned to bear fruit, we could kiss goodbye American fact that the NAEP framework does the federation by Dayton. The U.S. Agency leadership in NATO. In fact, the plan to en- not measure basic skills or the stu- for International Development and its sub- large NATO, I predict, would fail in the Sen- dent’s ability to perform tasks. The contractor, Catholic Relief Services, are ate. NAEP framework focuses on whole lan- helping returning refugees to rebuild their And soon thereafter, even the future of guage and new math concepts and homes. NATO itself would be cast in doubt. After awards credit for more than one re- I was moved by the selfless dedication of all, if Bosnia is the prototypical European the young Americans and Europeans work- crisis of the 21st century—and if NATO is un- sponse, even if the response is wrong. ing at this important task. able to solve Bosnia—then why bother spend- National testing would force local Finally let me address the issue of security ing billions of dollars on NATO every year? school districts to adopt these flawed in Bosnia today. In a country that has re- So, leaving Bosnia would be a fool’s para- strategies. cently suffered some of the worst atrocities dise. Just as certainly as night follows day, I believe that the correct course for of the 20th century, the citizens need phys- an American abdication of responsibility and us to take is to direct resources to the ical security. For the Muslims and Croats, withdrawal from Bosnia would eventually classroom instead of forcing national who were forced into an alliance in 1994 by cost us more in blood and treasure than we standards on teachers and students. the United States, this means guaranteeing would ever spend in the current course. their ability to deter renewed Serbian ag- Let me sum up: the tragedy in Bosnia and Let’s assist local educators and our gression in the future. Herzegovina, although complex, ultimately students in rising to the existing Toward that end, the ‘‘train and equip’’ boils down to old-fashioned oppression. It standards—standards set and supported program, led by retired U.S. military offi- was preventable, and, with the requisite by local and State leaders.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10996 CONGRESSIONAL RECORD — SENATE October 22, 1997 Mr. President, the Senate has voted After working as an associate and VENONA allow us to learn our history, on this matter once, when the appro- then as a partner with a leading Utah but in releasing it to the public, not in- priations bill was on the floor. I, along law firm, Van Cott, Bagley, Cornwell & significant gaps in the government’s with most of our colleagues, voted for McCarthy, for 8 years, Dale Kimball be- knowledge of this material are being the compromise offered by Mr. GREGG. came a founding partner, and is now filled. For instance, the identity of one This vote has been interpreted by the senior partner, at what has become of the major atomic spies at Los Ala- some, including many in the adminis- one of my State’s most distinguished mos was recently discovered by clever tration, as Senate support for national firms; Kimball, Parr, Waddoups, Brown journalists using the published testing. This is not the case, and I cau- & Gee. VENONA messages. Joseph Albright tion anyone from reading too much During his 30-year career, Mr. and Marcia Kunstel of Cox News and, into that particular vote. Kimball has developed extensive exper- working independently, Michael Dobbs I voted for the compromise, and I do tise in various areas of civil practice, of The Washington Post, identified the not support national testing in any particularly the litigation in Federal agent codenamed MLAD as Theodore form. The true message of the vote is and State court of complex business Alvin Hall, a 19-year-old physicist the Senate’s willingness to alter the cases involving such matters as energy, working at Los Alamos. Hall provided President’s proposal and its interest in antitrust, securities fraud, insurance, crucial details of the design of the the language included in the House and contracts. As an experienced liti- atomic bomb which enabled the Soviet version of the bill. gator, Dale Kimball is particularly Union to develop a replica of the bomb Finally, Mr. President, let me pub- well-qualified to serve as a trial court dropped on Nagasaki. licly thank my colleague, Senator judge. The respect Dale Kimball has Bill Crowell recognized the historic ASHCROFT, for his leadership on this earned from the Utah legal community value of VENONA and played an impor- issue. I am pleased to cosponsor his is reflected in his selection as Distin- tant role in getting this material re- measure, S. 1215, which would prohibit guished Lawyer of the Year by the leased, along with Dr. John M. Deutch, the Federal Government from devel- Utah State Bar in 1996. and with the gentle prodding of the ∑ oping these flawed national tests. Dale Kimball’s dedication to the Commission on Protecting and Reduc- f practice of law is matched by his dedi- ing Government Secrecy. Mr. Crowell A TRIBUTE TO RUTH BECKER cation to serving his community. He should receive a medal for his work. has been a member of the board of the ∑ Mr. KOHL. Mr. President, I rise Mr. Crowell retires after a long ca- Pioneers Theater Co., Alta View Hos- today to honor a distinguished Wiscon- reer of government service. He served sinite, Mrs. Ruth (Nowicki) Becker of pital, the Desert News Publishing Co., as a senior executive of the National Altoona, WI. Mrs. Becker, who just the Jordan Education Foundation, and Security Agency for 17 years. He was turned 75, attended the dedication of the J. Reuben Clark Law Society. appointed Deputy Director of the agen- I am confident that Dale Kimball will the Memorial to the Women in Service cy by the President in 1994. In addition be a worthy addition to the Federal at Arlington National Cemetery on Oc- to his work which has already been de- tober 18, 1997. Ruth is one of approxi- district court in Utah, and I am very scribed, Mr. Crowell has worked in re- pleased that the Senate has confirmed cent years to help craft a responsible mately 1.8 million women who have ∑ served in the U.S. Armed Forces and his nonination. Administration policy regarding we honor her as does the memorial for f encryption technology. I ask to have the article by David Kahn in Newsday, serving our country proudly. RETIREMENT OF WILLIAM P. which announces his retirement and Mrs. Becker enlisted in the U.S. Navy CROWELL in 1944 and served as a WAVE, Women’s highlights some of his accomplish- ∑ Mr. MOYNIHAN. Mr. President, the Auxiliary for Volunteer Emergency ments, printed in the RECORD. I salute National Security Agency has recently Service, during World War II. Ruth’s Mr. Crowell for his dedicated service lost to retirement its deputy director, responsibilities took her to New York and wish him well in his future pur- City and Washington, DC where she William P. Crowell. As David Kahn has suits. worked in naval communications for recently written in Newsday, Mr. The article follows: Pacific theater operations until Feb- Crowell has taken NSA and ‘‘brought [From Newsday, Oct. 6, 1997] the super-secret spy organization into ruary 1946. NATIONAL SECURITY OFFICIAL RETIRES— Ruth is a charter member for the its public, post-Cold War posture.’’ For HELPED REFOCUS AGENCY’S AIMS women’s memorial project which has too long, we have been learning our (By David Kahn) transformed Arlington National Ceme- cold war history from Soviet Archives. The National Security Agency has said tery’s 75-year-old main entrance gate Bill Crowell set about to change that goodbye to its retiring deputy director, who into a shrine honoring the Nation’s at the National Security Agency. He largely brought the super-secret spy organi- women veterans. The memorial will directed the establishment of the Na- zation into its public, post-Cold War posture. house a museum, a 196-seat audito- tional Cryptologic Museum, which I William P. Crowell was the force behind rium, a Hall of Honor, and an edu- have visited and commend to my col- the establishment of the National Cryptologic Museum, which exhibits what cation center on military history. Mr. leagues, and helped to make public the hugely important VENONA project. had been some of the nation’s deepest se- President, Ruth Becker served our crets; the revelation of the VENONA project, country with pride and we honor her, The VENONA intercepts comprise which broke Soviet spy codes early in the as we also honor all women who have over 2,000 coded Soviet diplomatic mes- Cold War; and the National Encryption Pol- served our country proudly.∑ sages between Moscow and its missions icy, which seeks to balance personal privacy in North America. The NSA and its f with national security. predecessors spent some four decades Succeeding Crowell will be Barbara McNa- NOMINATION OF DALE KIMBALL decoding what should have been an un- mara, who, like Crowell, is a career em- ∑ Mr. HATCH. Mr. President, it is with breakable Soviet code. Led by Mere- ployee of the agency, which breaks foreign great pleasure that I endorse the nomi- dith Gardner, these cryptanalysts codes and makes American Codes for the United States government. nation of Dale Kimball, who has been painstakingly decoded these messages McNamara is the second female deputy di- nominated by President Clinton for the word by word. They would then pass on rector of the agency. The first, Ann Z. position of U.S. district judge for the the decoded messages to the FBI, Caracristi, who served from 1980 to 1982, is district of Utah, and I urge my col- which conducted extensive investiga- the sister of the late Newsday photographer leagues to do the same. I am ac- tions to determine the identities of the Jimmy Caracristi. quainted with Mr. Kimball personally Soviet agents mentioned in the mes- More than 500 present and past members of and know that he comes before the sages. The resulting VENONA decrypts the agency attended Crowell’s recent retire- Senate with an already distinguished ment ceremony at its glossy, triple-fenced detail the Soviet espionage effort in headquarters at Fort Meade, Md. They ap- record as a lawyer and litigator, an in- the United States during and after the plauded as he was presented with awards for dividual demonstrably well qualified Second World War. his intelligence and executive services and for the position of Federal district We need access to much more of this with a folded American flag that had flow court judge. type of information. Not only does over the agency.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10997 They laughed as a picture, claimed to be clude investing in human capital and TRIBUTE TO DEAN KAMEN FOR his retirement portrait, was unveiled: It was the value-added impact of a quality HIS CONTRIBUTIONS TO SCIENCE a photograph of Crowell, notorious for his education. There is no better invest- ∑ Mr. SMITH of New Hampshire. Mr. love of motorcycles, astride his fancy bike. ment than America’s children.∑ During his acceptance speech, Crowell President, I rise today to pay tribute choked up when he thanked his wife, Judy, a to Dean Kamen of Manchester, NH. Mr. former agency employee and fellow motorcy- f Kamen was recently inducted into the clist, for her help. renowned National Academy of Engi- The agency director, Air Force Lt. Gen. HONORING RAYMOND W. neers for his invention and commer- Kenneth Minihan, recited some of the admin- FANNINGS cialization of biomedical devices and istrative landmarks of Crowell’s career. fluid measurement and control sys- Crowell, 58, a native of Louisiana, began in ∑ Ms. MOSELEY-BRAUN. Mr. Presi- tems. New York City in 1962 as an agency re- Mr. Kamen is currently the president cruiter. In 1969, when he sought an assign- dent, it is my pleasure and my privi- ment to operations, he became instead an ex- lege to join the family, friends and col- of DEKA Research and Development ecutive assistant to the then-director. He leagues of a distinguished citizen of Corp. of Manchester, NH. He studied at eventually got to operations, where he rose Chicago, IL, Mr. Raymond W. Fan- Worcester Polytechnic Institute, where to be chief of W group, whose function re- nings, in honoring him as he retires he earned his degrees in physics and mains secret, and then chief of A group, from the Chicago Child Care Society. has also received an honorary doc- which focused on the then-Soviet Union. Mr. Fannings served as executive direc- torate of science degree from Worces- After a year in private industry, he rose tor of the Chicago Child Care Society ter Polytechnic Institute as well as through other posts to the deputy director- for the past 18 years. Daniel Webster College. Dean has more ship on Feb. 2, 1994. than 35 U.S. patents attributed to him Among his organizational accomplish- Raymond Fannings leaves the agency which range from a volumetric pump ments were conceiving a crisis action center with a rich legacy. He has more than 35 with replaceable reservoir assembly to and linking the agency with other producers years of faithful and distinguished of intelligence to improve information ex- an integral intravenous fluid delivery change. service in the field of child welfare. His device. His more public initiatives included the contributions are widely recognized Dean’s innovations and significant museum and the VENONA disclosures, which and his many community service contributions to the field of engineer- sought to maintain public support for the awards serve as a testament to his ing have strengthened the economy of agency after the disappearance of the Soviet compassion, commitment, talent, and New Hampshire as well as the Nation. Union. The National Encryption Policy vision. As the first African-American Dean is also recognized for using skills seeks to enable the agency to read the mes- Executive Director of the Chicago and influence to promote scientific in- sages of terrorists and international crimi- Child Care Society, he has built bridges quiry at this critical time in America, nals who use computer-based, unbreakable a time when more young people are ciphers while enabling individuals to use and forged interracial coalitions in be- good cryptosecurity to preserve such rights half of the values held and goals pur- needed in the fields of science. Com- as security on the Internet.∑ sued by this renowned social service bining sports and scientific discovery, Dean established the FIRST robotics f provider. competition for young people. He is Under Mr. Fannings’ leadership, the GIVING CHILDREN IN THE NA- currently working on a science and Chicago Child Care Society expanded TION’S CAPITAL A CHANCE TO technology museum project in Man- its mission and became a moving force SUCCEED chester, NH, which will be a valuable in the development and provision of ∑ Mr. BROWNBACK. Mr. President, addition to the town, as well as the sci- family preservation services. Raymond entific community. last week, a remarkable event took Fannings also recognized the impor- place while Congress was in recess. Entrance into the National Academy tance of responding to community of Engineers is an extremely pres- Two private citizens gave 1,000 low-in- needs. He dedicated substantial re- come children in the District of Colum- tigious honor. In fact, it is among the sources to both develop and implement highest honors with which an engineer bia a chance. services in many of the economically can be bestowed. Engineers are nomi- On Monday, October 13, 1997, Ted distressed communities surrounding nated and then elected to the academy Forstmann, the newly elected chair- his agency. by the current membership. Becoming man of the Washington Scholarship a member is a validation of an engi- Fund, and John Walton, director of During Mr. Fannings’ illustrious ca- neer’s great contributions to science by Wal-Mart Stores, Inc., each contrib- reer, he served as president of the Child his peers, and many scientists work to uted $3 million for students in the Dis- Care Association of Illinois and as a achieve this honor throughout their trict to receive a quality education. board member of the United Way Cru- sade of Mercy. He is the current presi- lives. Dean is one of 85 engineers and 8 The Washington Scholarship Fund cur- foreign associates who was inducted rently provides private school scholar- dent of both the Child Care Association of Illinois and the Black Executive Di- into the academy in early October. ships to 460 low-income District stu- Dean’s induction into the National dents. With the contributions from Mr. rectors Coalition. He has served on the Child Advisory Committee, the Govern- Academy of Engineering is only one of Forstmann and Mr. Walton, the Wash- the numerous honors he has received. ington Scholarship Fund will be able to mental Affairs Committee for United Way, and the United Way Board of Di- He is a fellow with the American Insti- provide these needed scholarships to an tute of Medical and Biological Engi- additional 1,000 low-income students. rectors. He is also a board member of the Free People’s Clinic, president of neering, in addition to being appointed Mr. Forstmann made it very clear a senior lecturer at the Massachusetts that this initiative is not a political the St. Mark Credit Union, and an ac- tive member of St. Mark United Meth- Institute of Technology. statement for or against public edu- Renowed the world over in various odist Church in Chicago. cation in the District. This is simply a science fields for inventions and ad- commitment to give children a chance Mr. Raymond Fannings has distin- vances in engineering, Dean has estab- to succeed. In describing the prospects guished himself as one of Chicago’s lished a tradition of greatness with his of many of the District’s children to most valuable leaders, and his achieve- work. In 1995 he was awarded the Hoo- William Raspberry of the Washington ments and dedication are a shining ex- ver Medal for ‘‘innovation that has ad- Post, Mr. Forstmann said, ‘‘It’s like ample to us all. His efforts have opened vanced medical care worldwide, and for being born already dead. There are too avenues of faith, hope, and opportunity innovative and imaginative leadership many children like that, and I just feel for many children and their families. in awakening America to the excite- we have to do what we can for them.’’ As my neighbor and friend, I know that ment of technology and its surpassing In praising this powerful gesture for retirement will only be the beginning importance in bettering the lot of man- children, my hope, Mr. President, is of a new chapter of his advocacy for kind.’’ Dean has also received the that corporate America will follow Mr. children and for community. I wish International John W. Hyatt Service to Forstmann and Mr. Walton’s example. him all the best in his future endeav- Mankind Award for service to human- Responsible business investments in- ors.∑ kind through the use of plastics.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10998 CONGRESSIONAL RECORD — SENATE October 22, 1997 I have known Dean for over a decade, cent implementation of the program by the future of our coastal areas as the and I am very proud of the important the OCNMS this year. This prototype challenges confronting these areas and advances he has made in engineering. program may be suitable for adoption those of us who care about them be- He has increased the quality of lives in many similar situations in the come increasingly complex. And to Lil- through his engineering feats not just United States and abroad. During the lian and John, congratulations.∑ in New Hampshire, but also the United academic year 1996–97, Lillian is the f States and the world. He represents the Project Assistant for the Safe Marine THE WOMEN’S RESOURCE CENTER very best in science today: a man of Transportation Forum [SMART great expertise, capability, and integ- Forum]. In this capacity she promotes ∑ Mr. FRIST. Mr. President, Friday, rity. The Granite State is fortunate to dialogue among more than 20 stake- October 24, in my hometown of Nash- have Dean working in our State. His holder interests on marine safety and ville, TN, the National Association of innovations in engineering are price- transportation on Puget Sound. Lillian Women Business Owners/Nashville less. Both Dean, as well as the other has also contributed as a research as- Chapter and the Nashville Foundation members of the National Academy of sistant to the National Coastal Zone for Women Business Owners will recog- Engineering, are national treasures. I Management Effectiveness Study re- nize the establishment of an exciting congratulate Dean Kamen on this dis- cently completed for OCRM/NOAA. Her and worthwhile project—The Women’s tinguished honor; it could not have thesis work analyzes the development Resource Center. been bestowed on a more deserving in- of interjurisditional collaboration in The first in Tennessee, the Women’s dividual.∑ managing marine environments be- Resource Center is designed to further f tween the NMS Program and the U.S. enhance business opportunities for National Park Service. Lillian has women, by providing technical assist- THE 1997 WALTER B. JONES MEMO- made significant contributions with ance, training, and education. I am RIAL AND NOAA EXCELLENCE the work she has already completed. proud that Nashville is currently AWARDS FOR COASTAL AND Her thesis should be quite informative among the 10 fastest growing metro- OCEAN RESOURCE MANAGEMENT and valuable in improving interjuris- politan areas for women-owned busi- ∑ Mrs. MURRAY. Mr. President, this dictional cooperation between the NMS nesses, and this center will ensure con- morning the National Oceanic and At- Program and other Federal and State tinued economic growth and increase mospheric Administration [NOAA] pre- entities. participation from women interested in sented the 1997 Walter B. Jones Memo- John Field’s work focuses on the ini- founding and growing their own busi- rial and NOAA Excellence Awards for tial impacts of regional climate nesses. Coastal and Ocean Resource Manage- change. For approximately 2 years Like most visionary ideas, this one ment. A number of distinguished citi- John has been a Research Assistant in would not have happened without com- zens, students, and public servants the Integrated Regional Assessment munity support, and women who clear- were honored for their commitment to Program for the Pacific Northwest ly saw the need for the center and rose the protection, conservation, and sus- sponsored by NOAA through the Joint to the occasion to make their dream tainable use of our Nation’s precious Institute for Study of the Atmosphere come true. My congratulations go to coastal resources. I would like to offer and Ocean [JISAO, Principal Investi- all of the Nashville members of the my praise and admiration to all of the gator Ed Miles]. His role and respon- Foundation for Women Business Own- award recipients for their hard work sibilities have been especially difficult ers and the National Association of and dedication to this critical area of to perform given the scant attention to Women Business Owners, and espe- ecological and economic concern. systematic monitoring of coastal im- cially to local entrepreneurs who as Over one-half of the U.S. population pacts. John has done a superb job of ‘‘founding mothers’’ provided the ini- resides within 50 miles of the coast. All combining disparate data sets, anec- tial capital to match funds from the of these people and the associated de- dotal information, and informed expe- Small Business Administration. velopment and other activities that ac- rience to document key issues and When Alexis de Toqueville traveled company them place extraordinary trends relevant to projected Global Cli- this young Nation, he wrote, ‘‘If I were pressure on the ecosystems, water- mate Change scenarios. His efforts asked to what the singular prosperity sheds, and communities on our coasts. form the stage on which interdiscipli- and growing strength of the American Coastal areas provide incredible com- nary team-based integration can take people ought mainly to be attributed, I mercial, recreational, and aesthetic place. John coauthored with Marc should reply—to the superiority of benefits to the American people. The Hershman a report on this work and is their women.’’ His words still ring true Walter B. Jones and NOAA awards rec- currently completing his thesis docu- today, and the realization of the Wom- ognize individuals who have taken on menting and expanding somewhat on en’s Resource Center is further testi- the challenge of protecting these coast- the findings. This research should as- mony to the superiority and the al areas and ensuring these benefits are sist the development of coastal impact achievements of these outstanding not lost. scenarios under regional climate women business owners in Nashville, While I congratulate all of the award change assessments elsewhere. Besides TN. I am honored to serve as their U.S. recipients, I would like to acknowledge this work John has been the coordi- Senator.∑ two Washington State recipients in nator for a very successful joint sem- f particular. Recipients of the Excel- inar between the School of Marine Af- lence in Coastal and Marine Graduate fairs and the fishing industry. In addi- THE SALE OF THE FEDERAL Study Award, Lillian Ferguson and tion, John has been working during the BUILDING IN BAKERSFIELD, CA John Field, from the University of summer on a seabed coring project led ∑ Mr. MCCAIN. Mr. President, during Washington School of Marine Affairs. I by Prof. Robert Francis to obtain Senate consideration of the Fiscal Year am honored to have these two bright Paleo-records of fish and shellfish 1998 Treasury Postal Appropriations graduate students represent Wash- abundance in the North Pacific. bill, I submitted for the RECORD a list ington State and our commitment to Both of these award recipients have of projects which I found to be low-pri- the protection of coastal areas. worked hard for the sake of our coastal ority, unnecessary or wasteful spend- Lillian Ferguson’s works focuses on resources in Washington State. As they ing, that circumvented the normal, management of maritime transpor- move on from graduate work and enter merit-based prioritization process. On tation and marine protected areas. As the work force either in public service, October 15, 1997, I forwarded this list to a summer intern (1996) for the Olympic nongovernmental organizations, or pri- President Clinton and recommended he Coast National Marine Sanctuary vate industry, I know they will con- use his line-item veto authority to [OCNMS] she developed a program for tinue in their commitment to the pro- eliminate these projects. Included in documentation and analysis of vessel tection, conservation, and sustainable this list was language contained in the traffic in the congested entrance and use of our coastal resources. With stu- Conference Report which directed that approaches to the Strait of Juan de dents such as Lillian and John in our the Bakersfield Federal Building in Fuca. Her work formed the basis for re- graduate schools, I am confident about California be sold.

VerDate Mar 15 2010 22:20 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1997SENATE\S22OC7.REC S22OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 22, 1997 CONGRESSIONAL RECORD — SENATE S10999 It has been brought to my attention MEASURE DISCHARGED AND permitted to speak for up to 5 minutes that this Federal building went REFERRED—S. 1268 each, with the exception of Senators through the proper screening process Mr. CHAFEE. Mr. President, I ask FAIRCLOTH and FORD, 30 minutes; Sen- by GSA in order to ascertain if it was unanimous consent that the Energy ators CRAIG and HAGEL, 35 minutes; needed for any further Federal use. No Committee be discharged from further Senator FEINSTEIN, 15 minutes; Senator Federal Government agency expressed consideration of S. 1268 and the bill be SHELBY, 10 minutes; Senator TORRICELLI, 15 minutes; Senators an interest in utilizing this property. referred to the Environment and Public KEMPTHORNE and ROBB, 20 minutes. Furthermore, I am informed that the Works Committee. sale of this property, through a process The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. of competitive bidding, will result in a objection, it is so ordered. profit to the American taxpayer. The Mr. CHAFEE. Mr. President, I ask Conference Committee directed the f unanimous consent that the cloture vote occur on the modified amendment sale of this building only after the GSA EXECUTIVE SESSION screening was completed and it was de- to S. 1173 at the hour of 11 a.m. on Mr. CHAFEE. Mr. President, I ask Thursday. I further ask unanimous termined that this was in fact surplus unanimous consent that the Senate consent that immediately following Federal property. proceed to executive session and that the cloture vote, the Senate proceed to Therefore, Mr. President, I applaud the Indian Affairs Committee be imme- a vote on passage of the continuing res- the actions of the Committee and Rep. diately discharged from further consid- olution, H. J. Res. 97, regardless of the BILL THOMAS of California, and with- eration of the following nominations, outcome of the first cloture vote. draw my objection to the sale of this and further that the Senate then pro- The PRESIDING OFFICER. Without property as well as my recommenda- ceed to their consideration: objection, it is so ordered. tion that the President veto this provi- Michael Naranjo, Jeanne Givens, ∑ f sion. Barbara Blum, Letitia Chambers. PROGRAM f I further ask unanimous consent that the nominations be confirmed; that the Mr. CHAFEE. Mr. President, tomor- AUTHORIZING USE OF THE motions to reconsider be laid upon the row morning following the period of ROTUNDA OF THE CAPITOL table; that any statements relating to morning business the Senate will con- Mr. CHAFEE. Mr. President, I ask the nominations appear at the appro- duct two consecutive rollcall votes be- ginning at 11 a.m. The first vote will be unanimous consent that the Senate priate place in the RECORD; that the proceed to the immediate consider- President be immediately notified of on cloture on the committee amend- ation of S. Con. Res. 56, submitted ear- the Senate’s action; and that the Sen- ment to the ISTEA legislation, to be followed by a vote on passage of the lier today by Senator SPECTER. ate then return to legislative session. continuing resolution. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without If cloture is not invoked at 11 a.m. on objection, it is so ordered. The clerk objection, it is so ordered. Thursday, it is hoped that the second will report. The nominations considered and con- cloture vote will occur Thursday after- The bill clerk read as follows: firmed are as follows: noon. Therefore, Members can antici- A concurrent resolution (S. Con. Res. 56) INSTITUTE OF AMERICAN INDIAN AND ALASKA pate rollcall votes throughout Thurs- authorizing the use of the rotunda of the NATIVE CULTURE AND ARTS DEVELOPMENT day’s session of the Senate. Capitol for a ceremony honoring Leslie Michael A. Naranjo, of New Mexico, to be It is the leader’s hope that the Sen- Townes (Bob) Hope by conferring upon him a Member of the Board of Trustees of the In- the status of an honorary veteran of the ate can make progress on the highway stitute of American Indian and Alaska Na- legislation—it is my hope, too, I might Armed Forces of the United States. tive Culture and Arts Development for a add—during tomorrow’s session. In ad- The Senate proceeded to consider the term expiring May 19, 2002. dition, if any appropriations conference concurrent resolution. Jeanne Givens, of Idaho, to be a Member of reports become available, it would be Mr. CHAFEE. Mr. President, I ask the Board of Trustees of the Institute of expected that the Senate consider unanimous consent that the concur- American Indian and Alaska Native Culture and Arts Development for a term expiring those reports in short order. rent resolution be agreed to; that the October 18, 2002. f motion to reconsider be laid upon the Barbara Blum, of the District of Columbia, table; and that any statements relating to be a Member of the Board of Trustees of ADJOURNMENT UNTIL 9 A.M. to the resolution appear at the appro- the Institute of American Indian and Alaska TOMORROW priate place in the RECORD. Native Culture and Arts Development for a Mr. CHAFEE. Mr. President, if there The PRESIDING OFFICER. Without term expiring May 19, 2002. is no further business to come before Letitia Chambers, of Oklahoma, to be a objection, it is so ordered. the Senate, I now ask the Senate stand The concurrent resolution (S. Con. Member of the Board of Trustees of the Insti- tute of American Indian and Alaska Native in adjournment under the previous Res. 56) was agreed to, as follows: Culture and Arts Development for a term ex- order. S. CON. RES. 56 piring May 19, 2000. Thereupon, the Senate, at 7:13 p.m., adjourned until Thursday, October 23, Resolved by the Senate (the House of Rep- f resentatives concurring), That the rotunda of 1997, at 9 a.m. the Capitol is authorized to be used on Octo- LEGISLATIVE SESSION f ber 29, 1997, for a ceremony to honor Leslie The PRESIDING OFFICER. Under Townes (Bob) Hope by conferring upon him NOMINATIONS the status of an honorary veteran of the the previous order, the Senate will now return to legislative session. Executive nominations received by Armed Forces of the United States. Physical the Senate October 22, 1997: preparations for the conduct of the ceremony f DEPARTMENT OF DEFENSE shall be carried out in accordance with such conditions as may be prescribed by the Ar- ORDERS FOR THURSDAY, OCTOBER DARYL L. JONES, OF FLORIDA, TO BE SECRETARY OF chitect of the Capitol. 23, 1997 THE AIR FORCE, VICE SHEILA WIDNALL, RESIGNED. DEPARTMENT OF LABOR f Mr. CHAFEE. Mr. President, I ask RICHARD M. MCGAHEY, OF NEW YORK, TO BE AN AS- unanimous consent that when the Sen- SISTANT SECRETARY OF LABOR, VICE ANNE H. LEWIS. MEASURES JOINTLY REFERRED— ate completes its business today, it DEPARTMENT OF STATE S. 613 AND H.R. 1953 stand in adjournment until the hour of WILLIAM DALE MONTGOMERY, OF PENNSYLVANIA, A Mr. CHAFEE. Mr. President, I ask 9 a.m. on Thursday, October 23. I fur- CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR unanimous consent that S. 613 and H.R. ther ask that on Thursday, imme- EXTRAORDINARY AND PLENIPOTENTIARY OF THE 1953 be considered jointly referred to diately following the prayer, the rou- UNITED STATES OF AMERICA TO THE REPUBLIC OF CRO- the Finance Committee and the Gov- tine requests through the morning ATIA. ernmental Affairs Committee. hour be granted and the Senate imme- DEPARTMENT OF DEFENSE The PRESIDING OFFICER. Without diately proceed to a period of morning WILLIAM J. LYNN III, OF THE DISTRICT OF COLUMBIA, TO BE UNDER SECRETARY OF DEFENSE (COMPTROLLER), objection, it is so ordered. business until 11 a.m., with Senators VICE JOHN HAMRE.

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IN THE NAVY To be vice admiral AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2002. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. VERNON E. CLARK, 0000 JEANNE GIVENS, OF IDAHO, TO BE A MEMBER OF THE IN THE U.S. NAVY TO THE GRADE INDICATED WHILE AS- BOARD OF TRUSTEES OF THE INSTITUTE OF AMERICAN SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- f INDIAN AND ALASKA NATIVE CULTURE AND ARTS DE- BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION CONFIRMATIONS VELOPMENT FOR A TERM EXPIRING OCTOBER 18, 2002. 601: BARBARA BLUM, OF THE DISTRICT OF COLUMBIA, TO To be vice admiral Executive nominations confirmed by BE A MEMBER OF THE BOARD OF TRUSTEES OF THE IN- STITUTE OF AMERICAN INDIAN AND ALASKA NATIVE REAR ADM. MICHAEL L. BOWMAN, 0000 the Senate October 22, 1997: CULTURE AND ARTS DEVELOPMENT FOR A TERM EXPIR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INSTITUTE OF AMERICAN INDIAN AND ALASKA ING MAY 19, 2002. LETITIA CHAMBERS, OF OKLAHOMA, TO BE A MEMBER IN THE U.S. NAVY TO THE GRADE INDICATED WHILE AS- NATIVE CULTURE AND ARTS DEVELOPMENT SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION MICHAEL A. NARANJO, OF NEW MEXICO, TO BE A MEM- AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND 601: BER OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2000.

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INTRODUCTION OF THE OXON RUN TRIBUTE TO FRED HOLSTEN On its anniversary, RNH is honoring Paul PARKWAY LAND TRANSFER AND Elston, a member of its board who has served RESTORATION ACT HON. MICHAEL PAPPAS on so many organizations working for the OF NEW JERSEY community that his life would deem to epito- mize public service. Riverdale Neighborhood IN THE HOUSE OF REPRESENTATIVES HON. ELEANOR HOLMES NORTON House and people like Paul Elston deserve OF THE DISTRICT OF COLUMBIA Wednesday, October 22, 1997 the acclaim of all people, for they show the IN THE HOUSE OF REPRESENTATIVES Mr. PAPPAS. Mr. Speaker, I rise today to benefit and goodness which flows to the com- pay tribute to Fred Holsten of South Bruns- munity when good people act to benefit all of Wednesday, October 22, 1997 wick, NJ. He was honored Monday, August 4, us. Ms. NORTON. Mr. Speaker, today, I intro- for his 20 years of volunteer service to Middle- f sex County Fair by the trustees of the annual duced the Oxon Run Parkway Land Transfer A TRIBUTE TO WOMEN IN fair. and Restoration Act, a bill which directs the MILITARY SERVICE National Park Service to convey to the District Since retiring as chief of police in South of Columbia all right, title, and interest of the Brunswick in 1974, Mr. Holsten has served many organizations such as the Lion's Club HON. RICHARD E. NEAL United States to approximately 25 acres of OF MASSACHUSETTS land in Southeast DC, in Ward 8. The purpose and the International Association of Chiefs of IN THE HOUSE OF REPRESENTATIVES of my legislation is to enable a group of Police. In his over 20 years of service to the churches, the Washington Interfaith Network Middlesex County Fair, Mr. Holsten has come Wednesday, October 22, 1997 [WIN], working with the District of Columbia to be affectionately known as Uncle Fred. Mr. NEAL of Massachusetts. Mr. Speaker, I government, to build more than 300 units of Since Mr. Holsten has joined the fair, it has rise today to pay tribute to a courageous low- and moderate-income housing, almost grown to offer a great family atmosphere for group of women who have played an impor- entirely with church-gathered funds. WIN is a all those in Middlesex County. As a result, tant role in shaping the future of women in the coalition of 43 churches. They stand ready to worthy causes that receive funds from the fair military. On October 18, 1997, the Women in invest $2.5 million at no interest to finance the have benefited greatly. Military Service Memorial was dedicated to the construction of these homes. Among the major Mr. Speaker, Mr. Holsten has set a great millions of courageous women who have contributors are: First, the Catholic Arch- example. After an extensive time of service as served and continue to serve our country in diocese of Washington, second, the Episcopal police chief, he continues as a volunteer. This the armed services. The dedication of this me- Archdiocese of Washington, third, the United selfless service to his community is a great morial is another page in American history that Methodist Church, and fourth, the Evangelical example of the indelible American spirit that will give women in the military the recognition Lutheran Church in America. only makes our country stronger. they have so longed deserved. This memorial I, too, commend Mr. Fred Holsten for the is a reminder and representation of the invalu- My understanding is that the Interior Depart- unselfish, heartwarming dedication he has ment supports this transfer. The land is bor- able service, sacrifice, and dedication women shown. have given our country. dered on the northeast by South Capitol f Street, on the west by Oxon Run Parkway, Mount Holyoke College, the oldest continu- and on the southeast by the Maryland-DC bor- HONORING RIVERDALE ing institution of higher education for women in der. Presently, the land is administered by the NEIGHBORHOOD HOUSE the country, resides in my district and is very District of Columbia but is actually owned by proud and grateful for the Women in Military the National Park Service. In 1972, the Park HON. ELIOT L. ENGEL Service Memorial. Joanne Creighton, presi- Service transferred jurisdiction to the District of dent of Mount Holyoke College, wrote a letter OF NEW YORK Columbia of approximately 100 acres of land to Brig. Gen. Wilma L. Vaught, who was re- IN THE HOUSE OF REPRESENTATIVES in Southeast DC, that includes the approxi- sponsible for the organization taking the lead mately 25 acres addressed in my legislation. Wednesday, October 22, 1997 to build the memorial, paying tribute to the Women in Military Service Memorial. Mr. However, the transfer was made under condi- Mr. ENGEL. Mr. Speaker, the Riverdale Speaker, it is with great honor that I submit tion that the land be used for recreation and Neighborhood House is a settlement house the letter written to Brigadier General Vaught related purposes. My legislation removes this serving 5,000 residents of the northwest from Joanne Creighton, president of Mount legal impediment to construction of low and Bronx, providing programs for parents, their in- Holyoke College. moderate income housing on this land and en- fants and toddlers, and after school programs. ables the future homeowners to own full title It not only serves young families, but provides As a women’s college, we support activities to their property. that recognize women and women’s varied outreach and support to homebound senior contributions to the world. It is vital that The transfer which I propose is a modest citizens. Its teen center offers job training and the experiences of women be known and in- but important step in restoring one of the city's a place to congregate, or as the teens might cluded as a visible part of history. The wom- vital residential neighborhoods and the city's say, ``hang out.'' Riverdale Neighborhood en’s memorial, which honors and remembers overall morale and financial health. Ward 8, House also had a pool for local residents, a the service, sacrifice, and achievement of the the most disadvantaged in the city, has experi- summer camp for kids, and a thrift shop. nearly 2 million American servicewomen enced devastating loss of population in signifi- Not only does the Riverdale Neighborhood who have defended America through our Na- cant part because of the absence of affordable House do a lot of good for the community, it tion’s history, accomplishes all of these im- portant tasks and is, therefore, a welcomed housing. In addition, the land which I propose has been doing it for a long time for this year and much-needed addition to our Nation’s to transfer from the Park Service to the District it celebrates its 125th anniversary. RNH start- heritage. is currently in a deplorable condition and is an ed as a neighborhood lending library for work- Fittingly, it was 55 years ago this Novem- embarrassment to the Park Service and the ers to which Riverdale residents subsequently ber 9, during World War II, that Mount Hol- city. Although this piece of land is ostensibly gave land and money to promote social serv- yoke was part of the history which is about recreational parkland, it has become unsightly ices as well as a reading room. In time it to be honored by the new memorial. From neighborhood dumpyard. Transfer of this land helped servicemen in the Spanish American across the country, women came to Mount Holyoke’s campus to receive the training to the District for construction of a residential War, fought problems of sanitation and con- they needed to serve the country. Along with neighborhood will not only enable environ- tagious diseases, aided soldiers' families in our nearby sister institution Smith College, mental cleanup of the property but will also World Wars I and II, opened a kindergarten Mount Holyoke served as one of the very few provide desperately needed housing at a site and a seeming infinite number of programs to training centers for women officers. It was a that has become a terrible eyesore. aid the community and its residents. privilege to function during that historic

∑ 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. E2046 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 1997 time as a training site for the Women’s Re- Carters, Santa and Gerald Ford, Santa and HPLDC received an excellence award from serve of the Marine Corps and the Navy’s the Nixons, Santa and John Kennedy and the U.S. Small Business Administration for WAVES [Women Accepted for Volunteer Santa and the Eisenhowers. small business development. Most recently, it Emergency Service] program. In addition to the photos, Mr. George has a WAVES, the young women in uniform liv- has launched efforts to help rebuild the New ing and learning at Mount Holyoke, studied collection of thank you letters from inhabitants York City 41st Police precinct and to establish such subjects as naval organization, person- of the White House. I especially enjoyed the a new U.S. Postal Office in Hunts Point. nel, and administration along with the note from Barbara Bush, written when her Mr. Speaker, I ask my colleagues to join me Navy’s etiquette, customs, and traditions. husband was Vice President, which included in recognizing the Hunts Point Local Develop- While in training for 5 weeks, WAVES lived this closing line: ``The stuffed animals will be ment Corp. for a decade of achievements in Rockefeller Hall—a campus residential great successes with our grandchildren, and hall that was renamed the U.S.S. Rocke- spurring economic development in Hunts we both appreciate your generosity.'' Point, and in wishing them continued success. feller—sleeping in double decker beds, eating Mr. George has been Santa in more places the same meals as Mount Holyoke students than the White House. He has participated in here at the same time. Classes for WAVES f were held on campus, drills were held on the Christmas parades in Hollywood, Tulsa, To- athletic fields, and the women marched to ledo and Phoenix, and has appeared on nu- A SPECIAL TRIBUTE TO THE LATE meals and to classes wearing their dark blue merous television programs through the years. ADA BERRYMAN: AN OHIO PIO- uniforms. Reveille was at 6:15 a.m. for these When he's not Santa, Mr. George is still in- NEER women and the day included five recitations, fused with the spirit of giving. He has spent two study periods, drill, athletic recreation, more than a decade aiding the LA Mission, and an evening lecture. It was a rigorous in- and has been quite active with Easter Seals, HON. LOUIS STOKES doctrination, as it was then called, for these the Starlight Foundation, and the Make-A- women and we salute them today, just as we OF OHIO did many years ago. Wish Foundation. After completing their WAVES training, If you call Mr. George at home, he answers IN THE HOUSE OF REPRESENTATIVES the women were commissioned and offered to with the number of days until Christmas. He is active duty. During the 18 months the Navy obviously a man who loves his work. Wednesday, October 22, 1997 occupied the U.S.S. Rockefeller approxi- I ask my colleagues to join me today in sa- mately 2,500 officers were graduated and luting Robert George, whose dedication to Mr. STOKES. Mr. Speaker, throughout his- went out to duty throughout the United making this a better world inspires us all. tory, there have been trailblazers who have States. They played an important role in our f achieved important firsts and made enormous American story and it is with deep gratitude contributions to the development of this Na- for their efforts that we pay tribute to them TRIBUTE TO THE HUNTS POINT tion. While the names of some of these indi- and all the others who, in a range of roles, LOCAL DEVELOPMENT CORP. viduals are recorded in the annals of history, served the country. there are many others who should be recog- We join wholeheartedly in this first major ´ memorial to U.S. military women and this HON. JOSE E. SERRANO nized. celebration of a very important page in his- OF NEW YORK I rise to acknowledge the contributions of tory. We also commend you for the success IN THE HOUSE OF REPRESENTATIVES Mrs. Ada Berryman, a former resident of War- of the foundation, which you established in Wednesday, October 22, 1997 ren, OH, who was the first African-American to 1987, and which has overseen the design, de- be appointed to the State Housing Board. This velopment, and construction of this new Mr. SERRANO. Mr. Speaker, I rise today to structure, and the creation of the week-long pay tribute to the Hunts Point Local Develop- feat by Mrs. Berryman in the late 1940's was commemoration of American servicewomen ment Corp. for 10 years of success working just one of many achievements during her life- that will launch the women’s memorial. for the economic revitalization of the Hunts time. Sincerely, Point community in the South Bronx. Mrs. Berryman was born in 1910 in Troy, JOANNE CREIGHTON. Today, the Hunts Point Local Development AL. When she was young, her family fled to Mr. Speaker, the people of the 2d Congres- Corp. [HPLDC] celebrates its 10th anniversary Ohio to escape the segregation of the South. sional District in Massachusetts will be forever with a 10th annual tent party at the Hunts Mrs. Berryman resided in Warren, OH, for 45 grateful for the invaluable service and dedica- Point Cooperative Market in my South Bronx years. She is credited with the founding of the tion women in the military have provided in congressional district. Warren Chapter of the NAACP. It was Ohio defense of the United States. This memorial is HPLDC was established in 1988 as a non- Governor Frank Lausche who saw fit in the very welcome in our Nation's Capital and I, profit community-based organization to act as late 1940's to appoint Mrs. Berryman to the along with Mount Holyoke College, rise to con- an engine for economic development in Hunts State Housing Board. She became the first Af- gratulate all the women in the military for this Point. rican-American to be chosen for this important milestone in American history. During the past 10 years, HPLDC has been State board. In addition to her appointment to f instrumental in providing the services that cor- the housing board, Mrs. Perryman served as porations and residents need to succeed in president of the Warren Urban League board, TRIBUTE TO ROBERT GEORGE commerce. Its wide range of programs and and as a member of the Trumbull County Wel- services to the community include: a bilingual fare Board. entrepreneurial development program, indus- HON. HOWARD L. BERMAN Mrs. Berryman was also active in the Demo- trial park business advocacy, computer literacy OF CALIFORNIA cratic Party. She was a member of the training, Internet training, and commercial revi- IN THE HOUSE OF REPRESENTATIVES NAACP Federated Democratic Women of talization. Through its Business Outreach Cen- Wednesday, October 22, 1997 Ohio. In 1957 Mrs. Perryman ran for city coun- ter, HPLDC provides counseling, seminars, cil on the Democratic ticket. She won the pri- Mr. BERMAN. Mr. Speaker, I am honored to workshops, and management technical assist- mary election, but was defeated in the Novem- pay tribute to Robert George, a constituent of ance to small business and entrepreneurs. mine who for 30 years put on a long white Today, the dynamic Hunts Point community ber general election. beard and a red suit to play Santa at Christ- encompasses 600 businesses and 19,000 em- Mr. Speaker, Ada Perryman passed away in mas time. Many people have played Santa at ployees, and is the largest distribution center 1967 at the age of 56. Throughout her life, shopping malls, private parties and amuse- in the Northeast. To HPLDC's credit, the cor- she sought to make a difference. She chal- ment parks. What makes Mr. George unusual poration has provided assistance to more than lenged segregation, she challenged the politi- is that he was Santa at several White House 500 entrepreneurs and businesses and has cal system, and she challenged our society. I Christmas functions. helped secure over 4 million dollars in small want to note that a member of Mrs. Though a staunch Democrat, Mr. George business loans. Berryman's family, her granddaughter, Ada was very much a bipartisan Santa. He began Among other important achievements, Posey, serves as Acting Director of the Office playing St. Nick at the White House during the HPLDC was chosen to serve as the adminis- of Administration for the White House. She Eisenhower years, and continued through the trator for the Hunts Point economic develop- brought to my attention the achievements of Kennedy, Johnson, Nixon, Ford, Carter, ment zone. It also lobbied for inclusion of the this remarkable individual. I share the family's Reagan, and Bush administrations. He has Hunts Point community in the New York City pride in Mrs. Berryman's accomplishments. I one of the more unusual political scrapbooks Federal Empowerment Zone for the South am pleased to share this information with my I have seen; pictures of Santa and the Bronx. colleagues. October 22, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2047 TRIBUTE TO PATSY GUADNOLA on research to cure and prevent disease than lion to cancer research, including $400 mil- any other nation, and we are also at the fore- lion to breast cancer research; $2.1 billion to front of developing new and innovative treat- brain disorders; $1.5 billion to AIDS research; HON. SCOTT McINNIS ments for diseases ranging from heart dis- and $1 billion to heart disease. Other well- OF COLORADO ease to breast cancer to AIDS. The benefits known diseases get lesser amounts. For ex- IN THE HOUSE OF REPRESENTATIVES of this research are manifest. Americans are ample, diabetes research gets $320 million, Wednesday, October 22, 1997 living longer than ever before, and we are Alzheimer’s research $330 million, and Par- much more successful at fighting disease. kinson’s research $83 million. Mr. McINNIS. Mr. Speaker, I'd like to a take The federal government will spend about NIH critics say that these funding prior- a minute to tell you about a woman who has $13 billion on medical research this year, ities fail to focus on those diseases which af- been instrumental in the lives of so many chil- which is 37% of the total amount spent on re- flict the largest number of Americans, but dren on the Western Slope of Colorado. Her search by all sectors. An important issue for rather emphasize those illnesses which get name is Patsy Guadnola and she taught Congress, the medical community and aver- the most media and public attention as well music in Glenwood Springs for over 51 years. age Americans is how that money is spent. as the most effective lobbying efforts. For She was such a knowledgeable and patient In general, Congress gives the National Insti- example, the leading cause of death in the teacher that she even taught music to me. Ms. tutes of Health (NIH), the government’s lead U.S. is heart disease, followed by cancer, agency for medical research, broad discre- Guadnola is the type of individual that we stroke and lung disease. AIDS-related deaths tion in setting research priorities, that is, in rank eighth. A recent study suggested that could all learn from, as she has given so deciding how funding is allocated to research in 1994 NIH spent more than $1,000 per af- much of herself to the people. on various cancers and other diseases. Con- fected person on AIDS research, $93 on heart Ms. Guadnola is the youngest of 10 broth- gress has earmarked money in recent years disease, and $26 on Parkinson’s. ers and sisters who were Italian immigrants. for specific types of illnesses, such as breast CONCLUSION She has witnessed the town of Glenwood cancer and prostate cancer. But by and Congress has held hearings this year on large, NIH is still the lead decisionmaker. Springs evolve from a town of dirt roads and how NIH sets its funding priorities, and is This approach is premised on the view that a two lane bridge to a town now considering now considering a proposal to direct an inde- NIH, rather than Congress, has the expertise a light rail system and a bypass for its main pendent commission to study the matter and to make the best professional judgments street. make recommendations on how to improve about funding priorities and will make its Her love of music, children, and family has funding decisions. Others have proposed decisions based on public health require- more dramatic measures, such as having been the constant that has rooted her so ments and hard science, not political pres- Congress, rather than NIH, earmark funds or deeply in the community. When she was just sures. a child, her brothers and sisters contributed at least set funding guidelines for the agen- LOBBYING FOR RESEARCH DOLLARS cy. money so that she might take piano lessons. There is some concern, however, that this When she was 12, she began playing the I am wary of proposals to involve Congress process is becoming increasingly politicized. too directly in the funding decisions of the organ on Sundays at St. Stephen's Catholic One measure of this change has been the pro- NIH. Medical research involves complex Church, a commitment she continues to this liferation of groups lobbying the federal gov- questions of science and technology, and day. ernment for research dollars. There are over Congress is not well-equipped to make policy Following Ms. Guadnola's graduation from 2,800 registered lobbyists on health issues, judgments in this area. I am concerned that, the University of Northern Colorado and the including 444 specifically on medical re- if Congress took to micro-managing agency Julliard School of Music, she returned home search. Lobbying on research funding is not decisions in this way, special interests would and began work as the music teacher at the necessarily a bad thing. It can, for example, overwhelm the process. Funding allocation Glenwood public schools for grades 1 to 12. bring attention to illnesses which have been should be guided by science and public underfunded and otherwise provide She taught in the very same room where she health demands, not by lobbying efforts or decisionmakers with helpful information. politics, and the process used by NIH has discovered her own desire to one day become The question, though, is how far lobbying been successful. Its research has produced a music teacher herself. can go before it undermines the integrity of advances in the treatment of cancer, heart For 40 years Ms. Guadnola taught music in the decisionmaking process. Lobbying for re- disease diabetes and mental illness that have the elementary and high school. Following her search dollars is intense, with different advo- helped thousands of American families. retirement from the public school, Ms. cacy groups fighting for limited resources. I am, nonetheless, sympathetic to the view Guadnola went on to teach music for 11 more The NIH budget, unlike most agency budgets that the NIH should give more attention years at St. Stephen's Catholic School. in this period of government downsizing, has when setting priorities to the societal and With a career spanning 51 years, Ms. nearly doubled in the last decade. It is none- economic costs associated with particular theless uncertain whether these increases Guadnola has enjoyed watching many locals disease areas. Setting funding priorities, par- can be sustained under the recent balanced ticularly in an era of tight Federal budgets, grow from children to adults. budget agreement. Furthermore, competi- Ms. Guadnola's legacy lives around her in is a difficult process and involves difficult tion for NIH grants is intense. About 75% of choices. When NIH decides to emphasize one the people she has taught and continues to the research grant proposals submitted to area of research, it necessarily means less see. In her former students she sees a little bit NIH do not receive funding. Lobbying efforts funding will be available for other, worthy of herself living on especially in those who appear in some cases to have succeeded in areas of research. The key point is that the have gone on to a career in music or teach- shifting more research dollars to certain dis- decisionmaking process be generally insu- ing. eases, particularly AIDS and breast cancer. lated from political pressures. HOW FUNDING IS ALLOCATED Mr. Speaker, it is people like Patsy f Guadnola who make the Western Slope of NIH-funded research is wide-ranging. It en- Colorado the wonderful place it is. She is truly compasses everything from accident preven- HEART OF GOLD an inspiration to us all, and as one who tion to basic research on the root causes of learned so much from her myself, I can say disease to research on specific diseases, such as heart disease, diabetes and AIDS. NIH HON. HOWARD L. BERMAN she will always be greatly appreciated for what considers many factors when allocating re- OF CALIFORNIA she has done. search dollars among various diseases, in- f cluding economic and societal impacts, such HON. HENRY A. WAXMAN as the number of people afflicted with a dis- OF CALIFORNIA MEDICAL RESEARCH ease; the infectious nature of the disease; the number of deaths associated with a particu- HON. JULIAN C. DIXON HON. LEE H. HAMILTON lar disease; as well as scientific prospects of OF CALIFORNIA OF INDIANA the research. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Congressional debate has focused on how NIH funds research on specific diseases. Com- Wednesday, October 22, 1997 Wednesday, October 22, 1997 paring funding levels can be a tricky busi- Mr. BERMAN. Mr. Speaker, it is no surprise Mr. HAMILTON. Mr. Speaker, I would like to ness. Research on one disease can have bene- to my colleagues, Mr. WAXMAN and Mr. DIXON, insert my Washington Report for Wednesday, fits in other research areas. Likewise, fund- and me that Carmen Warschaw has been ing of basic research may not be categorized October 15, 1997 into the CONGRESSIONAL named the Heart of Gold Honoree by the Me- as funding for a specific disease even though RECORD: the basic research may be related to the fun- dallion Group of Cedars Sinai Medical Center SETTING FUNDING PRIORITIES FOR MEDICAL damental understanding and treating of the and will be given this prestigious award on RESEARCH disease. Nonetheless, NIH does categorize October 25, 1997. The United States is the world’s leader in funding by disease area and, according to the Few people in America have contributed so medical research. We spend more each year most recent statistics, it dedicates $2.7 bil- much intellect, time, energy, and passion to E2048 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 1997 improving our world, our country, and our Special Agent Turner, the demand reduction lives to making the Broward County African greater Los Angeles community than has Car- coordinator for the DEA's Washington Field American Library a reality. I am pleased to sa- men Warschaw. Division, is a pioneer in the coordination of law lute their achievement, and to praise their Each of us has known Carmen, and her enforcement officials with local citizens to enormous efforts in this significant undertak- husband Louis, personally and professionally combat crime in their communities. He has ing. for more than 30 years. She has had an im- had numerous successes in South Boston, The significance of this project to the growth mense impact on our lives and our careers. Virginia, and Halifax County where he helped and development of Broward County is im- None of us would likely have reached our po- these communities fight drugs and crime. Most measurable. I am pleased to commend the in- sitions were it not for Carmen Warschaw. She recently, Special Agent Turner has worked dividuals who have committed their lives and is a close personal friend, trusted adviser, with the DEA in Washington, DC, to provide their livelihood to making this library a dream candidÐsometimes acerbic, but always hu- leadership in reducing homicides and violent come true, a dream founded upon the notion morousÐcritic, and a model of what commu- crimes in the East Capitol Dwellings and that to study each otherÐour accomplish- nity service and good citizenship ought to be. Greenway communities. Additionally, he has ments, our traditions, our cultureÐour accom- Our admiration for her is indescribable. worked with the 6th District Police Department plishments, our traditions, our cultureÐis to It would be impossibleÐand if possible, give Community Services section to create youth know each other. the appearance of carrying coals to New- programs and neighborhood watch groups. Mr. Speaker, I rise today to pay tribute to castleÐto try to list a fraction of Carmen's He, along with the D.C. Police Department, the Broward County African American Library, honors, areas of interest, awards, positions of helped to organize the orange hat patrol as it steers our community toward greater responsibility, and titles. It would sound as if groups. progress and understanding. we were praising a dozen public spirited peo- Special Agent Turner's work to help foster f pleÐnot just Carmen Warschaw. community involvement in law enforcement Nor could we discuss the myriad stories and has led to a sharp decline in the homicide rate INTRODUCTION OF LEGISLATION legendsÐboth factual and perhaps embel- in DC's 6th Police District and the creation of TO REPEAL ‘‘LOCK-IN’’ OF MEDI- lished by timeÐthat surround this fascinating, many new prevention programs in community CARE BENEFICIARIES IN MAN- witty, charming Whirling Dervish of national organizations. Organizations such as the Boys AGED CARE PLANS and local Democratic politics, civil rights, wom- and Girls Clubs and Drug Abuse Resistance en's rights, health care, art, culture, and Jew- Education Plus have become involved with HON. FORTNEY PETE STARK ish community involvement. these new prevention programs. OF CALIFORNIA One story will suffice. Several years ago, I would like to thank the National Crime Pre- IN THE HOUSE OF REPRESENTATIVES vention Council and Ameritech for honoring then, as now, a major leader in the Demo- Wednesday, October 22, 1997 cratic Party, Carmen was double-crossed in a Michael Turner with the Ameritech Awards in backroom deal. When Carmen confronted her Excellence in Crime Prevention. I applaud Mr. STARK. Mr. Speaker, I am today intro- nemesis, she was told that next time she NCPC's dedication to helping fight crime and ducing legislation to repeal a provision in the should get it in writing. Ever since, Carmen building community support and, I appreciate Balanced Budget Act of 1997 that would has handed out pens with the inscription, Get Ameritech's commitment to supporting crime ``lock'' Medicare beneficiaries into a managed it in writing, Love, Carmen, and ever since, prevention initiatives. care plan. My bill would continue the present successive generations of California Demo- It is evident from Special Agent Turner's policy which permits continuous open enroll- cratic leaders have repeated the admonitionÐ work that he is not afraid to identify a troubled mentÐand disenrollmentÐin HMO's by Medi- and the story. community which is plagued with crime, to roll care beneficiaries. While making an enormous mark on the up his sleeves and to take personal action to The BBA provides that in 2002 Medicare larger society, Carmen is a wonderful wife, solve a problem. I ask my colleagues to join beneficiaries have half a year to get out of a mother, and grandmother. We have had the me in congratulating Special Agent Turner for Medicare+Choice plan that they have enrolled pleasure of being close to the entire this well deserved honor. in. In 2003 and forever thereafter, they have Warschaw family, her husband Lou, daughters f only 3 months each year to decide to disenroll. Susan and Hope, sons-in-law Carl Robertson SALUTE TO BROWARD COUNTY’S Mr. Speaker, many HMO's do a good job and John Law and grandchildren Cara, Chip, AFRICAN AMERICAN LIBRARY and Jack. making people happy while they are healthy. Our comments today are occasioned by yet HON. ALCEE L. HASTINGS Like fire engines at the Fourth of July parade, another Warschaw milestone. Carmen and they look good and make people feel safe. OF FLORIDA Louis haveÐwith their characteristic generos- The test comes when there is a fireÐor in the IN THE HOUSE OF REPRESENTATIVES ityÐendowed the Carmen and Louis case of an HMO, when a person gets sick. Warschaw Chair in Neurology at Cedars-Sinai Wednesday, October 22, 1997 There is strong evidence that many HMO's do Medical Center. Mr. HASTINGS of Florida. Mr. Speaker, I not do well when a person becomes ill, par- We ask our colleagues to join us in honor- am honored to pay tribute today to the ticularly when one faces a chronic illness or ing Carmen Warschaw, an extraordinary Broward County African American Library, disability and needs rehabilitation. Today woman whose zest for living and profound which opens in my congressional district this under Medicare, an HMO enrollee who finds sense of compassion are examples for us all. Saturday, October 25. One of the great mile- they need help and the HMO is not delivering She hasÐand is continuing toÐtruly enriched stones in learning opportunities, this sanctuary can on a month-by-month basis leave and our lives. of history, learning and culture promises to be- seek care in another HMO or in the fee-for- f come one of south Florida's greatest libraries. service sector. Its purpose is to showcase the immeasurable Beginning in 2002, that right will end. MICHAEL TURNER A COMMUNITY contributions of African-Americans in this There are good policy reasons for limiting CRIME FIGHTER country as well as in our native Africa. Beyond the enrollment and disenrollment of people in that, however, it will stand as a beacon for the HMO's. For example, coordinating periods of HON. STENY H. HOYER educational uplift of an entire community. open enrollment provides a wonderful chance OF MARYLAND The great historian, educator, and author to compare plans and to encourage more IN THE HOUSE OF REPRESENTATIVES David Walker, once commented about the im- competitive pricing of HMO products as they portance of libraries for African-Americans: compete for business during an annual open Wednesday, October 22, 1997 ``I would crawl on my hands and knees enrollment period. Further, a bad HMO can Mr. HOYER. Mr. Speaker, I rise today to through mud and mire, to the feet of a learned make a huge profit by encouraging the recognize Michael Tucker, one of my constitu- man, where I would sit and humbly supplicate disenrollment of people once they become ents, who was recently honored for his leader- him to instill into me that which neither devils sick and it makes financial sense for Medicare ship and community work in crime prevention. nor tyrants could remove, only with my lifeÐ to limit this opportunity for gaming. The National Crime Prevention Council and for colored people to acquire learning in this Mr. Speaker, these good reasons are over- Ameritech selected Special Agent Turner to country makes tyrants quake and tremble on ridden in my mind by the danger that lock-in receive the Ameritech Awards of Excellence in their sandy foundations.'' creates for people who become seriously ill Crime Prevention. Special Agent Turner is one This is the kind of idealism that propels the and who needs treatment that an HMO may of 8 winners selected from 140 nominations. outstanding individuals who have devoted their refuse to provide. There are good economic October 22, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2049 reasons for Medicare to limit disenrollmentÐ strides achieved by the university over the ST. MARY’S SCHOOL but those economic reasons are going to kill past two decades. There is no question that some of our seniors and disabled. Thus, I sup- she is beloved by everyone.'' HON. GLENN POSHARD port repeal of the BBA lock-in. MJ is beloved in Cincinnati and will be OF ILLINOIS We simply do not know enough about qual- missed by the university. Those of us who IN THE HOUSE OF REPRESENTATIVES ity of care in HMO's to justify a lock-in. Per- have had the privilege of working with her look haps some day when there are much better forward to continuing friendship and wish her Wednesday, October 22, 1997 measurements of outcomes and quality we well. Mr. POSHARD. Mr. Speaker, it gives me could put a limit on the timing of enrollment f great pleasure to congratulate St. Mary's and disenrollment. But that time is not here School in Mattoon, IL for being named the yet, and I fear the proposed lock-in will be TRIBUTE TO THE CITICENTRE 1997 State Champion of Illinois for the Presi- deadly. DANCE THEATRE dent's Council on Physical Fitness and Sports. Friends of the managed care movement This is the third year in a row the school has should support this amendment, because it HON. RONALD V. DELLUMS won this prestigious award. St. Mary's per- will remove a fear that many Medicare bene- OF CALIFORNIA formance during the 1996±97 school year, in ficiaries will have of joining an HMO and then IN THE HOUSE OF REPRESENTATIVES which 67.69 percent of students performed at being stuck in it for most of a year. If there is Wednesday, October 22, 1997 the 85th percentile rank, was the best among continuous open enrollment and disenrollment, all Illinois schools. more people are likely to try managed care Mr. DELLUMS. Mr. Speaker, on October 26, It is not by accident or luck that St. Mary's without the fear of being stuck in a nonrespon- 1997, the CitiCentre Dance Theatre will be has performed so well in this nationally recog- sive bureaucracy or assigned to a quack of a celebrating their 20th anniversary. Founded in nized competition. The physical requirements gatekeeper. 1977 by Halifu Osumare, CitiCentre Dance are among the most demanding in high school Mr. Speaker, I do not expect this legislation Theatre is Oakland's oldest multiethnic arts or- sports, and include a 1 mile run-walk, curl-ups, to move in the 105th CongressÐbut as we get ganization. CitiCentre is also dedicated to the a sit and reach stretch, pull-ups, and a shuttle closer to 2002 and the lock in of beneficiaries, principal of bringing dance and the community run. The students train hard under the tutelage I expect that the interest will grow dramati- together. of Mike Martin, who puts in countless hours, cally. I urge my colleagues to support this leg- CitiCentre understands that dance rejuve- year after year, even going as far as to con- islation in the months to come. nates and reinvigorates the community, and struct weights and an obstacle course. Our f believes strongly that dance must be returned Nation has many heroes in the world of to ordinary people. Through the diverse offer- sports, from Michael Jordan, Mark McGuire TRIBUTE TO MARY JEANNE KLYN ing of dance classesÐfrom belly dance and and Cal Ripken, Jr., to Jackie Joyner-Kersee ballet, to jazz and African dance forms, this and Tara Lipinski. But none is more important HON. ROB PORTMAN unique organization allows people of all ages than Mike Martin who gives of himself so that OF OHIO and background to come together to experi- others may reach new heights. This kind of IN THE HOUSE OF REPRESENTATIVES ence the joy of dance. CitiCentre has done a dedication is truly remarkable. lot to accomplish their goals in their 20 years Wednesday, October 22, 1997 Mr. Speaker, we hear a great deal today of existence. CitiCentre has averaged over about how America's youth are unmotivated, Mr. PORTMAN. Mr. Speaker, I would like to 600 students per month taking classes. It was lazy, and apathetic. I beg to disagree. The stu- take this opportunity to recognize a friend and also estimated that 100,000 East Bay resi- dents at St. Mary's are proving what hard constituent, University of Cincinnati Vice Presi- dents have received dance instruction at work can accomplish. The benefits of good dent for Public Affairs Mary Jeanne Klyn. Mrs. CitiCentre. health are just the beginning. They are learn- Klyn, or MJ as she is known by her many CitiCentre is a community center that re- ing habits and values, such as discipline, fans, will be retiring in February 1998, after 22 flects diversity and the spirit of the East Bay. teamwork, and respect, that will lead to suc- years of service to the university. Through dance, they have explored the com- cess in their future endeavors. As a former In 1975, when she came to UC from the monalities among cultures, and how racial and high school coach, I know about the joys of Greater Cleveland Growth Association, MJ cultural diversity can work to enrich the partici- athletic competition; the beauty in giving your was named the university's first-ever female pants, which can only lead to a greater under- all, and win or lose, not being ashamed be- vice president. During her term at UC, MJ has standing among each other. CitiCentre is also cause you gave your maximum effort. We developed a legendary reputation as a com- dedicated to the preservation and presentation sometimes lose sight of these ideals among mitted, energetic, and effective representative of the dance heritage of people of African de- the contract disputes and big money of profes- of the university. scent. These classes include West African, sional sports, but they are alive and well in She first demonstrated leadership in the Congolese, Brazilian, Cuban, Haitian, Jazz, Mattoon, IL. I am proud to represent St. successful campaign to bring UC into the and Tap. The instruction teaches more than Mary's school and the Mattoon area in the State university system. Since then, she has just dance steps, it communicates the world U.S. Congress, and salute them again for this secured stable funding for UC's academic and views of these related cultures. CitiCentre also magnificent achievement. research programs, and has worked hard for works with the local schools, the police depart- f building projects that mark the rebirth of the ment, as well as other community groups to university's campus. She played a key role in expose the young people to the art of dance. TRIBUTE TO KATE BROGAN the Shoemaker Center, the Barrett Cancer Over the years, CitiCentre has acquired na- Center, and the designation of the UC College tionally known expert performers and instruc- HON. MICHAEL PAPPAS of Engineering as one of only 10 NASA Fed- tors. Expanding over a wide variety of dance OF NEW JERSEY eral Research Centers. companies, these performers and instructors IN THE HOUSE OF REPRESENTATIVES Throughout her time of service to the uni- were affiliated with such groups as: the Dance versity, she has also become known as a Theater of Harlem, the bill T. Jones Co., the Wednesday, October 22, 1997 dedicated advocate for the entire city of Cin- Alvin Ailey Dance Theater, and Les Ballet Mr. PAPPAS. Mr. Speaker, I rise today to cinnati. A consultant to the Greater Cincinnati Africians. This gives the ordinary person the call attention to the outstanding service of Chamber of Commerce, MJ has served as unique opportunity to work with and learn from Kate Brogan of Branchburg, a young girl that member of the boards of WCET public tele- world famous dancers. should serve as a role model to all of us. vision and the Cincinnati Convention and Visi- CitiCentre is a community-based organiza- Miss Brogan has showed us that expres- tors Bureau. She chaired the chamber's Com- tion that doesn't sacrifice the excellence and sions of love and compassion need not be mittee to Welcome New Industries, and is a professionalism in the interest of its commu- hindered by one's age. Whether we are 9 or member of Women in Communication, and a nity spirit. When cultures come together and 99, this country can only grow stronger when recent recipient of their Movers and Shakers interact CitiCentre becomes the unique multi- generations come to serve one another. Award. cultural face of my district, a community of di- When Kate was only 8, she began helping University of Cincinnati President Joseph A. verse people and cultures. I take pride in their her disabled, elderly neighbor Marjorie Martin. Steger said, ``It is rare that we can say in truth accomplishments and growth as the commu- Kate helped with household chores and en- that someone is irreplaceable, but M.J. truly is. nity celebrates 20 years of dance with joyed keeping Ms. Martin company, whether it She has helped orchestrate most of the major CitiCentre. was playing games or just talking. Now 14, E2050 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 1997 Miss Brogan also visits the Agape House in TRIBUTE TO THE MEMORY OF earned a very special place in the history of Somerville, helping homeless families get back BISHOP GERALD JULIUS KAUFMAN public service. In just a few weeks, John M. on there feet. Kate believes that, ``Seeing the Coyne, the Mayor of Brooklyn, OH, will be reaction and knowing that you are helping HON. JOSE´ E. SERRANO honored for having served 50 years in this someone gives you a warm feeling inside.'' OF NEW YORK post. I join residents of the City of Brooklyn, As a result of her work, Kate was recently IN THE HOUSE OF REPRESENTATIVES the 11th Congressional District of Ohio, his recognized as one of the top student volun- Wednesday, October 22, 1997 colleagues, friends, and many others in rec- teers in New Jersey. Kate was also chosen ognizing Mayor Coyne on this auspicious oc- from a pool of more than 15,000 students Mr. SERRANO. Mr. Speaker, I rise to ex- casion. across the Nation for her essays describing press my deepest sympathy to the family and President Bill Clinton affectionately de- her volunteer work with Ms. Martin. But even friends of Bishop Gerald Julius Kaufman, a scribes John Coyne as ``this nation's longest- man of the cloth who dedicated his life to the as Kate is recognized for her work, she contin- serving mayor.'' Indeed, Mayor Coyne holds service of our community. Bishop Kaufman ues to do more. Using money she earns from the record for consecutive terms of service. In passed away on April 25. his 50 years of leading the City of Brooklyn, babysitting, Kate also sponsors a disadvan- Bishop Kaufman was sought by people from taged young girl for $12 a month. he has displayed a level of dedication and all ages. He was the chief shepherd of the commitment that is unmatched. Mr. Speaker, I would also like to give thanks Love Gospel Assembly, in my South Bronx to Kate's parents, Elaine and James, who are Mr. Speaker, when John Coyne took office congressional district. Established in 1970, the as mayor in 1948, Brooklyn was still a small also valuable volunteers in their own commu- assembly is now one of the largest ministries nity. It has been their guiding example that village. Today, we celebrate a city that is a in the New York City area. shining model for communities across Amer- has set Kate on her path of service. Their own At a special ceremony celebrated outside compassion and dedication radiates in their ica. Under Mayor Coyne's leadership, the City the church on October 9th, the community re- of Brooklyn led the country in promoting the child's spirit and actions. named part of the Grand Concourse, the main Kate had said she has tried to spread her first mandatory seatbelt law. He also adminis- street in the Bronx, after him. It is now ``Bish- tered ordinances to ban assault-type weapons, spirit of volunteering to her peers but runs into op Gerald J. Kaufman Way''. difficulty. I say to Kate, persevere and your and started a mandatory curbside recycling Kaufman was born in 1935 to Jewish par- program. With John Coyne at the helm, the great example shall convince them. Mr. ents Fred and Julia Kaufman in New York Speaker, it is my honor to congratulate Kate City of Brooklyn has benefitted from millions of City. He demonstrated his strong will and per- dollars in funding to support important trans- and wish her continued success in her first severance by winning the battle against 12 portation, recycling, recreation, and economic year at Immaculata High School next year. years of substance abuse. His immense love development initiatives. for God and desire to be trained in the faith f Beyond his mayoral assignment, John brought him to the Zion Bible School in Rhode Coyne also served five consecutive terms as HONORING THE REVEREND DR. Island, where he graduated with honors. Chair of the Cuyahoga County Democratic In 1967, Kaufman was ordained into min- MAJOR McGUIRE III Party, the 13th largest county in the country. istry at the Zion Bible Institute. He continued In this post, he pursued a course of action to his religious education at Vision Christian Uni- make the Democratic Party inclusive of all HON. ELIOT L. ENGEL versity, in Hawaii, where he received a B.S.L., races, creeds, colors, and religions. Under his OF NEW YORK Th.M., D. Min., L.H.D. and Ph.D. IN THE HOUSE OF REPRESENTATIVES Bishop Kaufman's service to God and his chairmanship, more minorities were appointed or elected to public office in Cuyahoga County Wednesday, October 22, 1997 social ministry at the Love Gospel Assembly gave birth to a program which now feeds 500 than under any other chairman in our history. Mr. ENGEL. Mr. Speaker, the Reverend Dr. to 700 people daily, a Care Service Ministry, He always stated to me, ``Congressman, I Major McGuire is celebrating his 11th anniver- and an Antioch School of Urban Ministry dedi- don't see color, I see people.'' sary of pastoral ministry at the Emmanuel cated to train men and women in urban min- I am proud of my personal association with Baptist Church. In that time, he and his wife, istry. Mayor Coyne. He has shared a very long the Reverend Darlene Thomas-McGuire, min- Kaufman's fruitful work at Love Gospel As- friendship with me, my later brother, mayor ister of education and youth, have contributed sembly spread far beyond the Bronx. He facili- and Ambassador Carl B. Stokes, and my to its growth, brining in 400 members to the tated the opening of churches in Orlando, FL; daughter, Judge Angela R. Stokes. Addition- Emmanuel family. Aguadilla and Bayamon, PR; Bridgetown, Bar- ally, I am grateful to him for the support he The Reverend McGuire also initiated a num- bados; and Ghana, Africa. He oversaw 23 or- has given me each year enabling me to pro- ber of programs which contributed to the dained ministers, 22 licensed ministers, 16 vide an annual Christmas party for poor and growth and development of the church and pastors, and 45 missionaries. disadvantaged families in my congressional surrounding community in the Bronx. Among other recognitions, Kaufman re- district. Rev. Major McGuire was born in Baltimore. ceived a citation of merit and proclamation for Mr. Speaker, as he is honored for 50 con- He attended Morgan State University and dedicated community work from the Bronx secutive years of public service, I join many Towson State University in Baltimore. He ac- Borough President's Office. Committed to his others who are congratulating Mayor Coyne. I cepted the call to preach the gospel of Jesus community, he also served on the board of di- am also pleased to note that proceeds from Christ and was licensed in 1974. Three years rectors of the Youth Challenge International the upcoming gala will benefit the John M. later he was named Under Shepherd of the organization and the Barnabas Ministries, and Coyne Endowed Public Service Scholarship at Riverview Missionary Baptist Church in as chaplain of the Police Benevolent Associa- the Cleveland State University Maxine Good- Coeymans, NY, and in May of that year was tion for the Federal Protective Services. man Levin College of Urban Affairs. I extend ordained from the New Shiloh Baptist Church Mr. Speaker, I would like to join the family, my warn congratulations to Mayor Coyne, his in Baltimore. He later served at the Bethel friends, and members of the community in devoted wife, Jean, and members of the Baptist Church in Mount Kisko. their prayers for the soul of Bishop Gerald Ju- Coyne family. We wish the Nation's ``longest- He continued his education, ultimately re- lius Kaufman. His legacy of love for our inner serving mayor'' many, many more years at the ceiving his masters of divinity degree from the city neighborhood has not gone unnoticed. It helm. Union Theological Seminary in New York City is a blessing to all of our communities. f f in 1983. He was awarded the Martin Luther ADDRESS TO GREEN CROSS ON King Distinguished Leadership Award from the A SPECIAL TRIBUTE TO JOHN M. WATER State University of New York and in 1983 was COYNE: ‘‘AMERICA’S LONGEST- named as an Outstanding Young Man of SERVING MAYOR’’ America. HON. GEORGE MILLER OF CALIFORNIA In 1986, he became pastor of the Emman- IN THE HOUSE OF REPRESENTATIVES uel Baptist Church. He, his wife, and their four HON. LOUIS STOKES OF OHIO children have made their church and commu- Wednesday, October 22, 1997 IN THE HOUSE OF REPRESENTATIVES nity a landmark to the family and to worship. Mr. MILLER of California. Mr. Speaker, I The Reverend McGuire made his church into Wednesday, October 22, 1997 had the opportunity last Friday to speak at the a dramatic force for good. We salute him and Mr. STOKES. Mr. Speaker, I am especially International Freshwater Symposium spon- the accomplishments of his ministry. pleased to pay tribute to an individual who has sored by Green Cross International and Global October 22, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2051

Green USA in Los Angeles. The meeting, On the cusp of the 21st Century, as we were ber 22, 1997 into the CONGRESSIONAL which was chaired by Green Cross President compelled to modernize a water policy con- RECORD: Mikhail Gorbachev, the former president of the ceived in the twilight of the 19th, many doubted that the political system could exer- THE MOOD OF THE COUNTRY Soviet Union, was attended by many of the cise the bold leadership that is essential to This is an unusual time in American poli- leading water policy scholars, advocates, and alter destructive, costly habits. tics. The Cold War is over. Communism has administrators in California. I would like to And yet, five years ago, we did begin a been defeated. The federal budget is basi- share my remarks at the conference with my unique experiment to conform water policy cally in balance. Americans are feeling bet- colleagues. to the environmental, political and economic ter about themselves and upbeat about the In addition, I know that all Members of the standards of our own time. Interestingly, economy. Politicians in Washington are ask- House will want to join me in paying tribute to these changes were not initiated by local of- ing themselves what the American people those who received awards from Global Green ficials in California, but rather were imposed want us to do or not to do. by the national government which recog- POSITIVE VIEW OF COUNTRY USA for their outstanding leadership in envi- nized that reform was urgent. ronmental advocacy. The Founder's Award The Central Valley Project Improvement Politicians are looking for issues and sym- was given to the president emeritus and Act included, for the first time, environ- bols to capture the attention of voters. Most founder of Global Green USA, Diane Meyer mental restoration and fish and wildlife of us remember that only a few years ago they were angry and wanted to take out re- Simon. The Entertainment Industry Environ- mitigation as fundamental purposes of a major federal water project. This law rep- venge on incumbents. Today voters seem mental Leadership Award was given to actor much more content and their mood more Pierce Brosnan for his work on dolphin protec- resents something rather remarkable, even for those who are utterly disinterested in agreeable. Economic issues have always been the tion and other issues. James Quinn, the presi- water policy. The CVPIA is fundamentally a dominant feature of American politics. dent and CEO of Collins Pine Co., one of the mandate to reconfigure our most crucial re- Today those issues have not moved off the leading U.S. companies practicing sustained source in a way that preserves the vitality of minds of voters but their concerns are yield forest management. The Individual Envi- the economy, and then does more. ronmental Leadership Award went to David Unlike earlier periods, we are not basing muted, due, I suspect, in large measure to the strong economy and the agreement be- Brower, the legendary founder of Friends of policy solely on what engineering, money and political muscle can achieve. Now, we tween the Congress and the President to bal- the Earth and Earth Island Institute, a great ance the budget and to cut taxes. By a wide leader in environmental causes in California must pay attention to what science and eth- ics tell us is necessary to pass a healthy, di- margin Americans feel that the country is and nationwide for decades. And the Inter- verse and prosperous California on to future headed in the right director, and two thirds national Environmental Leadership Award was generations. say they are satisfied with the state of the given to the National Geographic for its out- Policy can no longer only benefit those U.S. economy—the highest satisfaction lev- standing educational and scientific work: who arrived first and struck their best bar- els we have seen in the 1990s. gains. Today, fishermen and hunters, Native Most people I talk to across southern Indi- INTERNATIONAL FRESHWATER SYMPOSIUM Americans, fish and wildlife, the environ- ana believe that the economy is doing well, President Gorbachev, fellow panelists, la- ment itself, must be included. The CVPIA and many tell me their personal situation dies and gentlemen, I am very pleased to par- law established the right of all of these par- has improved in recent years. The perform- ticipate in this program today. ties to a seat at an expanded table and to ance of the economy has been impressive, Much of the world has struck a Faustian participate fully in making the fundamental with solid, noninflationary growth, low un- bargain over the past century; develop natu- decisions about how we remedy the severe employment, and stable inflation. Unem- ral resources to promote economic growth mistakes of the past and plan for more equi- ployment in some southern Indiana counties with little consideration for long term envi- table sharing of our resources in the future. is at 2%—the lowest in a generation. All of ronmental damage or remediation. Nowhere Securing such change is difficult enough this translates into a sense that people want has this trade-off been more dramatic, or within a single, heterogeneous state like things to remain pretty much as they are, more cataclysmic, than in the case of water California. Adding the overlay of clashes be- and they aren’t looking to Washington for development in the American West. tween cultures, nations and religions, make major policy changes. In California, as in the Aral Sea, or the for- solutions seem impossible unless great te- VIEW OF GOVERNMENT ests of Indonesia, or the polluted rivers of nacity is displayed by political and other There is also a strong level of satisfaction Eastern Europe, we are paying a huge envi- leaders. with the political status quo in Washington. ronmental price for short-term economic And yet, we in California have begun to There is a feeling that we are finally getting growth. Correcting those past errors will not make great progress, in no small part be- done what they wanted us to do, and people be cheap or without political risk. cause all parties have begun to recognize the are pleased that the nasty tone and partisan Because of our rapid economic develop- inevitability of change; to understand that it bickering in Congress has subsided some- ment, we in the United States committed se- is cheaper, better science and smarter busi- what. Americans like the way both parties rious resource management blunders earlier ness to help create a new framework than to worked together to balance the budget, and than many other nations. But we also have be the last defender of the old order. it is clear to me that they are satisfied with been among the first to recognize the errors I am encouraged that the progress we are divided government. We have a Democratic of the past and to develop, if haltingly, inno- making through the CALFED process and President and a Republican Congress. Repub- vative solutions. CVPIA implementation, however halting and licans control 30 of the 50 state houses; the Western water policy provides a textbook difficult it is at times, represents the only Democrats control more of the court houses. example. The great dams, reservoirs and wa- course for California. And it can serve as a More people identify themselves as Demo- terways planned over the last century were successful model for those in the Middle crats, but the balance is fairly even and vola- supposed to reconfigure Nature for 500 years. East, in South America, and elsewhere where tile. Now, in the Pacific Northwest, in Utah, Ari- water politics threatens both political sta- This general support for divided govern- zona, North Dakota and California, we are bility and environmental quality. ment seems to stem, in part, from the desire confronting the urgent need to redefine the Lastly, Mr. President, may I say that it is to prevent either party from going too far. mission of these projects. an honor to participate in this meeting with The American people have made it clear that The goal of the great water planners in you. Your willingness to venture great they want us to govern from the center. arid California was to make the deserts thoughts and take enormous risks—both po- At the same time, I get the sense that the bloom and to permit cities to flourish. The litical and personal—stand as one of the American people are increasingly disengaged decisions to build the great dams and canals great legacies of our century, and I am tre- from government, at least the federal gov- were made by farsighted, powerful and mendously gratified that you are lending ernment. They now seem to have more im- wealthy interests who spent far more time your distinguished efforts to resolving the portant things to do in their own lives than asking ‘‘How’’ than ‘‘Should we?’’ We built problems of the environment around this to follow every development in Washington. dams when destruction of wetlands and fish- world. eries was ignored; we became addicted to ISSUES f subsidies in an era when long-term deficits Politicians are always trying to determine and inflation were not considered; we al- MOOD OF THE COUNTRY what the mandate of the voters is. No single lowed irrigation of low-quality lands without issue dominates, but several concerns do adequate drainage; we allowed urban growth come through. that within a generation will push the popu- HON. LEE H. HAMILTON I’m impressed that education has soared to lation of our water-short state to nearly that OF INDIANA the top of the public policy concerns of of France and Britain. IN THE HOUSE OF REPRESENTATIVES Americans. It is remarkable to me how often We created, in short, a population, an Wednesday, October 22, 1997 improving the quality of education comes up economy and a political system that thirsted on the conversations I have with voters. Par- for water, and that has created a host of eco- Mr. HAMILTON. Mr. Speaker, I am inserting ents, of course, are particularly concerned nomic and environmental problems. my Washington Report for Wednesday, Octo- because they see education as the pathway E2052 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 1997 to success for their children, and local busi- make sure that traditional values are pro- no single issue dominates the voters’ rank- ness leaders increasingly talk about their moted, and they are very concerned about ing of concerns. need for well-educated, skilled workers. All drug abuse in their communities. the education issue—national testing, vouch- As always, the politician is receiving CONCLUSION ers, school choice—have become hot-button mixed signals today. Many Americans want Satisfaction with the economy and wide- issues. Even so, I think most Americans are additional tax cuts; but they also want us to spread support for the balanced budget satisfied with the schools in their commu- begin to develop spending plans for the loom- agreement reached this summer has meant nities, which makes all of the interest in ing budget surplus, and they opt for more that the voters aren’t looking for major education a little puzzling. spending on education and health care. Everyone thinks we need to look out for Although people feel positive about the changes. My own impression is that Amer- the middle class. People often tell me they economy, and interest in reducing the deficit ican are rejecting politicians whom they are concerned about their ability to meet has declined sharply, it would be a mistake consider too extreme, and they want the major health care and college costs, and they to think that economic issues have dis- politicians to be compassionate and strongly want to make sure that the government appeared. In a recent public meeting, I spent supportive of the middle class. They favor a helps promote opportunity. They especially three quarters of the time talking about jobs mainstream, centrist approach that is based support efforts to promote education and and trade and other economic issues. But it on fiscal responsibility, opportunity, and skills training, which they see as key to op- is also clear that people are focused on traditional values. I also think the views of portunity and a bright future for their fami- health, education, crime, and the environ- voters are very fluid today, and that things lies. A large number of voters still talk to ment. They also very much want to protect could easily change in the future, particu- me about declining moral values as the big- Social Security and Medicare. What im- larly if there is a change in the outlook for gest problem in the country. They want to presses the politician most, I think, is that the economy. October 22, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2053 SENATE COMMITTEE MEETINGS 10:00 a.m. tee’s special investigation on campaign Foreign Relations financing. Title IV of Senate Resolution 4, To hold hearings to examine costs, bene- SH–216 agreed to by the Senate on February 4, fits, burdensharing and military impli- Joint Economic 1977, calls for establishment of a sys- cations of NATO enlargement. To hold hearings to examine the role of SD–419 monetary policy in a healthy economic tem for a computerized schedule of all Governmental Affairs expansion. meetings and hearings of Senate com- To resume hearings to examine certain SD–138 mittees, subcommittees, joint commit- matters with regard to the commit- 11:00 a.m. tees, and committees of conference. tee’s special investigation on campaign Foreign Relations This title requires all such committees financing. To hold hearings on the nominations of to notify the Office of the Senate Daily SH–216 Amy L. Bondurant, of the District of Digest—designated by the Rules Com- Judiciary Columbia, to be Representative of the To hold hearings on pending nomina- United States of America to the Orga- mittee—of the time, place, and purpose tions. nization for Economic Cooperation and of the meetings, when scheduled, and SD–226 Development, with the rank of Ambas- any cancellations or changes in the Labor and Human Resources sador, Terrence J. Brown, of Virginia, meetings as they occur. To resume hearings to examine an Ad- to be Assistant Administrator for Man- ministration study on the confidential- agement, and Thomas H. Fox, of the As an additional procedure along ity of medical information and rec- District of Columbia, to be an Assist- with the computerization of this infor- ommendations on ways to protect the ant Administrator for Policy and Pro- mation, the Office of the Senate Daily privacy of individually identifiable in- gram Coordination, both of the Agency Digest will prepare this information for formation and to establish strong pen- for International Development, Depart- printing in the Extensions of Remarks alties for those who disclose such infor- ment of State, and Kirk K. Robertson, mation. of Virginia, to be Executive Vice Presi- section of the CONGRESSIONAL RECORD SD–430 dent of the Overseas Private Invest- on Monday and Wednesday of each 2:00 p.m. ment Corporation, U.S. International week. Budget Development Cooperation Agency. Meetings scheduled for Thursday, Oc- To hold hearings to examine the state of SD–419 tober 23, 1997, may be found in the American education. 2:00 p.m. SD–608 Energy and Natural Resources Daily Digest of today’s RECORD. Energy and Natural Resources National Parks, Historic Preservation, and Forests and Public Land Management Sub- Recreation Subcommittee MEETINGS SCHEDULED committee To hold hearings on S. 638, to provide for To hold hearings to examine the poten- the expeditious completion of the ac- tial impacts on, and additional respon- quisition of private mineral interests OCTOBER 24 sibilities for, federal land managers im- within the Mount St. Helens National 9:00 a.m. posed by the Environmental Protection Volcanic Monument mandated by the Foreign Relations Agency’s Notice of Proposed Rule- 1982 Act that established the monu- To hold hearings on the nominations of making on regional haze regulations ment. Carolyn Curiel, of Indiana, to be Am- implementing Section 169A and 169B of SD–366 bassador to Belize, Victor Marrero, of the Clean Air Act. Foreign Relations New York, to be an Alternate Rep- SD–366 To hold joint hearings with the United resentative of the United States to the Foreign Relations States Senate Caucus on International 51st Session of the General Assembly of To hold hearings on the nominations of Narcotics Control to examine United the United Nations, Christopher C. Richard Frank Celeste, of Ohio, to be States- Mexican cooperation in efforts Ashby, of Connecticut, to be Ambas- Ambassador to India, Shaun Edward to combat drugs. sador to the Oriental Republic of Uru- Donnelly, of Indiana, to be Ambassador SD–106 guay, and Timothy Michael Carney, of to the Democratic Socialist Republic Foreign Relations Washington, to be Ambassador to the of Sri Lanka, and to serve concurrently To hold hearings on the nominations of Republic of Haiti. as Ambassador to the Republic of Joseph A. Presel, of Rhode Island, to be SD–419 Maldives, Edward M. Gabriel, of the Ambassador to the Republic of 10:00 a.m. District of Columbia, to be Ambassador Uzbekistan, Stanley Tuemler Escudero, Banking, Housing, and Urban Affairs to the Kingdom of Morocco, Cameron of Florida, to be Ambassador to the Re- To hold hearings to examine the Na- R. Hume, of New York, to be Ambas- public of Azerbaijan, B. Lynn Pascoe, tional export strategy. sador to the Democratic and Popular of Virginia, for the rank of Ambassador SD–538 Republic of Algeria, Daniel Charles during his tenure of service as Special Governmental Affairs Kurtzer, of Maryland, to be Ambas- Negotiator for Nagorno-Karabakh, Ste- To hold hearings on H.R. 1953, to clarify sador to the Arab Republic of Egypt, ven Karl Pifer, of California, to be Am- State authority to tax compensation James A. Larocco, of Virginia, to be bassador to Ukraine, Kathryn Linda paid to certain employees. Ambassador to the State of Kuwait, Haycock Proffitt, of Arizona, to be Am- SD–342 and Edward S. Walker, Jr., of Mary- bassador to the Republic of Malta, land, to be Ambassador to Israel. James Catherwood Hormel, of Califor- OCTOBER 27 SD–419 nia, to be Ambassador to Luxembourg, 2:00 p.m. 2:30 p.m. and David B. Hermelin, of Michigan, to Governmental Affairs Select on Intelligence be Ambassador to Norway. International Security, Proliferation and To hold hearings on proposed legislation SD–419 Federal Services Subcommittee with regard to intelligence disclosure United States Senate Caucus on Inter- To hold hearings to examine the safety to Congress. national Narcotics Control and reliability of the nuclear stockpile. SD–106 To hold joint hearings with the Commit- SD–342 tee on Foreign Relations to examine Labor and Human Resources OCTOBER 29 United States-Mexican cooperation in Public Health and Safety Subcommittee 9:30 a.m. efforts to combat drugs. To hold hearings to examine proposals to Indian Affairs SD–106 deter youth from using tobacco prod- To hold hearings on S. 1077, to amend the ucts. Indian Gaming Regulatory Act. OCTOBER 30 SD–430 SD–106 9:30 a.m. 10:00 a.m. Energy and Natural Resources OCTOBER 28 Budget Forests and Public Land Management Sub- 9:00 a.m. To hold hearings to examine U.S. policy committee Environment and Public Works implications for NATO enlargement, To hold hearings on S. 1253, to provide to To hold hearings on the nomination of European Union expansion and the Eu- the Federal land management agencies Kenneth R. Wykle, of Virginia, to be ropean Monetary Union. the authority and capability to manage Administrator of the Federal Highway SD–608 effectively the federal land in accord- Administration, Department of Trans- Governmental Affairs ance with the principles of multiple use portation. To continue hearings to examine certain and sustained yield. SD–406 matters with regard to the commit- SD–366 E2054 CONGRESSIONAL RECORD — Extensions of Remarks October 22, 1997 Indian Affairs NOVEMBER 4 NOVEMBER 5 To hold hearings on the nomination of 10:00 a.m. 9:30 a.m. Kevin Gover, of New Mexico, to be As- Judiciary Indian Affairs sistant Secretary of the Interior for In- To hold hearings to examine competi- To hold oversight hearings on proposals dian Affairs. tion, innovation, and public policy in to extend compacting to agencies of SR–485 the digital age. the Department of Health and Human 10:00 a.m. SD–226 Governmental Affairs Services. SR–485 To continue hearings to examine certain NOVEMBER 5 matters with regard to the commit- tee’s special investigation on campaign 2:00 p.m. Judiciary financing. POSTPONEMENTS SH–216 Technology, Terrorism, and Government Labor and Human Resources Information Subcommittee To hold hearings to examine recent de- To hold hearings to examine the report OCTOBER 23 velopments and current issues in HIV/ of the President’s Commission on Criti- 9:30 a.m. AIDS. cal Infrastructure Protection. Commerce, Science, and Transportation SD–430 SD–226 Aviation Subcommittee 2:00 p.m. To hold hearings on S. 943 and H.R. 2005, NOVEMBER 6 Budget bills to revise Federal aviation law to To hold hearings to examine funding for 12:00 p.m. declare that nothing in such law or in international affairs. Governmental Affairs the the Death on the High Seas Act SD–608 Oversight of Government Management, Re- shall affect any remedy existing at Energy and Natural Resources structuring and the District of Colum- common law or under State law with Water and Power Subcommittee bia Subcommittee respect to any injury or death arising To hold hearings to review the Federal To hold hearings to examine the social out of any aviation incident occurring Energy Regulatory Commission’s hy- impact of music violence. on or after January 1, 1995. droelectric relicensing procedures. SD–342 SD–366 SR–253

NOVEMBER 3 CANCELLATIONS OCTOBER 27 10:00 a.m. 10:00 a.m. Indian Affairs OCTOBER 29 Indian Affairs To hold hearings on provisions of H.R. 9:30 a.m. To hold oversight hearings on the con- 1604, to provide for the division, use, Indian Affairs temporary status of the Bureau of In- and distribution of judgement funds of To resume oversight hearings on propos- dian Affairs of the Department of the the Ottawa and Chippewa Indians of als to reform the management of In- Interior. Michigan. dian trust funds. SR–485 SR–485 Room to be announced Wednesday, October 22, 1997 Daily Digest

HIGHLIGHTS The House passed H.J. Res. 97, Continuing Appropriations Extension. The House passed H.R. 1534, Private Property Rights Implementation Act. House Committees ordered reported 9 sundry measures. Senate Chafee/Warner Amendment No. 1314 (to Amend- Chamber Action ment No. 1313), of a perfecting nature. Page S10947 Routine Proceedings, pages S10911–S11000 Motion to recommit the bill to the Committee on Measures Introduced: Six bills and one resolution Environment and Public Works, with instructions. were introduced, as follows: S. 1304–1309 and S. Page S10947 Con. Res. 56. Page S10950 Lott Amendment No. 1317 (to instructions of the Measures Passed: motion to recommit), to authorize funds for con- struction of highways, for highway safety programs, Authorizing Use of Capitol Rotunda: Senate and for mass transit programs. Page S10947 agreed to S. Con. Res. 56, authorizing the use of the Lott Amendment No. 1318 (to Amendment No. rotunda of the Capitol for the ceremony honoring 1317), to strike the limitation on obligations for ad- Leslie Townes (Bob) Hope by conferring upon him ministrative expenses. Page S10947 the status of an honorary veteran of the Armed A third motion was entered to close further de- Forces of the United States. Page S10999 bate on the modified committee amendment and, in Continuing Appropriations: Senate began consider- accordance with the provisions of Rule XXII of the ation of H.J. Res. 97, making further continuing ap- Standing Rules of the Senate, a vote on the cloture propriations for the fiscal year 1998. motion could occur on Friday, October 24, 1997. Pages S10918±19, S10927±37 Page S10947 Senate will continue consideration of the resolu- Senate will continue consideration of the bill on tion on Thursday, October 23, 1997, with a vote to Thursday, October 23, 1997, with a cloture vote on occur thereon. the modified committee amendment to occur there- ISTEA Authorization: Senate resumed consider- on. ation of S. 1173, to authorize funds for construction Executive Reports of Committees: Senate received of highways, for highway safety programs, and for the following executive reports of a committee: mass transit programs, with a modified committee Report to accompany U.S.-Mexico Treaty on Mar- amendment (the modification being a substitute for itime Boundaries (Ex. F, 96th Cong., 1st Sess.) the text of the bill), taking action on amendments (Exec. Rept. No. 105–4). Page S10950 proposed thereto, as follows: Page S10947 Report to accompany Migratory Bird Protocol Pending: with Canada and Migratory Bird Protocol with Mex- Chafee/Warner Amendment No. 1312, to provide ico (Treaty Docs. 104–28 and 105–26) (Exec. Rept. for a continuing designation of a metropolitan plan- No. 105–5). Pages S10949±50 ning organization. Page S10947 Nominations Confirmed: Senate confirmed the fol- Chafee/Warner Amendment No. 1313 (to lan- lowing nominations: guage proposed to be stricken by the committee Michael A. Naranjo, of New Mexico, to be a amendment, as modified), of a perfecting nature. Member of the Board of Trustees of the Institute of Page S10947 American Indian and Alaska Native Culture and D1120 October 22, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1121 Arts Development for a term expiring May 19, Chiefs of Staff; and Gen. Wesley K. Clark, Com- 2002. mander in Chief, United States European Command. Jeanne Givens, of Idaho, to be a Member of the Hearings continue tomorrow. Board of Trustees of the Institute of American In- dian and Alaska Native Culture and Arts Develop- TEACHING HOSPITAL AUDITS/MEDICAL ment for a term expiring October 18, 2002. RESEARCH FUNDING Barbara Blum, of the District of Columbia, to be a Member of the Board of Trustees of the Institute Committee on Appropriations: On Tuesday, October 21, of American Indian and Alaska Native Culture and Subcommittee on Labor, Health and Human Serv- Arts Development for a term expiring May 19, ices, Education and Related Agencies concluded 2002. hearings to examine the billing practices of physi- Letitia Chambers, of Oklahoma, to be a Member cians at teaching hospitals and related Medicare re- of the Board of Trustees of the Institute of American quirements, after receiving testimony from Michael Indian and Alaska Native Culture and Arts Develop- F. Mangano, Principal Deputy Inspector General, ment for a term expiring May 19, 2000. and Barbara Wynn, Director, Plan and Provider Pur- Pages S10999±S11000 chasing Policy Group, Health Care Financing Ad- Nominations Received: Senate received the follow- ministration, both of the Department of Health and ing nominations: Human Services; Jordan J. Cohen, Association of Daryl L. Jones, of Florida, to be Secretary of the American Medical Colleges, Washington, D.C.; C. Air Force. McCollister Evarts, PennState Geisinger Health Sys- Richard M. McGahey, of New York, to be an As- tem/Pennsylvania State University College of Medi- sistant Secretary of Labor. cine, University Park. William Dale Montgomery, of Pennsylvania, to be Also, subcommittee concluded hearings on a legis- Ambassador to the Republic of Croatia. lative proposal to increase funding for medical re- William J. Lynn, III, of the District of Columbia, search and provide a 5 year extension of exclusivity to be Under Secretary of Defense (Comptroller). for certain pharmaceutical products, after receiving 2 Navy nominations in the rank of admiral. testimony from Daniel P. Perry, Alliance for Aging, Pages S10999±S11000 and James Love, Center for Study of Responsive Law, Messages From the House: Pages S10948±49 both of Washington, D.C.; Gina Cioffi, Cooley’s Anemia Foundation, Brooklyn, New York; Scott Measures Referred: Page S10949 Hallquist, Immunex International, Inc., Seattle, Executive Reports of Committees: Pages S10949±50 Washington; and Kenneth Clarkson, University of Statements on Introduced Bills: Pages S10950±61 Miami, Miami, Florida. Additional Cosponsors: Pages S10961±62 YEAR 2000 LIABILITY AND DISCLOSURE Amendments Submitted: Pages S10962±93 Committee on Banking, Housing, and Urban Affairs: Notices of Hearings: Pages S10993±94 Subcommittee on Financial Services and Technology Additional Statements: Pages S10994±99 held hearings to examine potential litigation which Adjournment: Senate convened at 12 noon, and ad- may result from the Year 2000 computer problem journed at 7:13 p.m., until 9 a.m., on Thursday, Oc- and its impact on the financial services industry, and tober 23, 1997. (For Senate’s program, see the re- proposed legislation to require United States cor- marks of the Acting Majority Leader in today’s porations to fully disclose all information concerning Record on page S10999.) their Year 2000 remediation efforts and potential li- abilities, receiving testimony from Brian Lane, Di- Committee Meetings rector, Division of Corporation Finance, U.S. Securi- ties and Exchange Commission; Jeff Jinnett, LeBoeuf (Committees not listed did not meet) Computing Technologies, New York, New York; NATO ENLARGEMENT Dana D. McDaniel, Williams, Mullen, Christian & Dobbins, Richmond, Virginia; Harris N. Miller, In- Committee on Appropriations: Committee continued formation Technology Association of America, Ar- hearings to examine the costs of enlarging NATO lington, Virginia; and Robert B. Austrian, membership to include Poland, Hungary, and the NationsBanc Montgomery Securities Inc., San Fran- Czech Republic and the impact of enlargement on cisco, California. Department of Defense readiness, receiving testi- Hearings were recessed subject to call. mony from Gen. Henry H. Shelton, Chairman, Joint D1122 CONGRESSIONAL RECORD — DAILY DIGEST October 22, 1997 BUSINESS MEETING S. 538, to authorize the Secretary of the Interior Committee on Energy and Natural Resources: Committee to convey certain facilities of the Minidoka project ordered favorably reported the following business in the State of Idaho to the Burley Irrigation Dis- items: trict, with an amendment in the nature of a sub- H.R. 858, to direct the Secretary of Agriculture stitute; and to conduct a pilot project on designated lands within The nomination of M. John Berry, of Maryland, Plumas, Lassen, and Tahoe National Forests in the to be Assistant Secretary of the Interior for Policy, State of California to demonstrate the effectiveness of Management and Budget. the resource management activities proposed by the Quincy Library Group and to amend current land OZONE AND PARTICULATE MATTER and resource management plans for these national RESEARCH ACT forests to consider the incorporation of these resource Committee on Environment and Public Works: Sub- management activities, with an amendment in the committee on Clean Air, Wetlands, Private Prop- nature of a substitute, and in lieu of S. 1028, Senate erty, and Nuclear Safety concluded hearings on S. companion measure; 1084, to establish a research and monitoring pro- H.R. 960, to validate certain conveyances of land gram for the national ambient air quality standards from the Southern Pacific Railroad Company to the for ozone and particulate matter to reinstate the Redevelopment Agency of the City of Tulare, Cali- original standards under the Clean Air Act, after re- fornia; ceiving testimony from James A. Martin, Martin’s S. 814, to direct the Secretary of the Interior to Famous Pastry Shoppe, Inc., Chambersburg, Penn- transfer to John R. and Margaret J. Lowe of Big sylvania, on behalf of the American Bakers Associa- Horn County, Wyoming, certain land so as to cor- tion; Adam Sharp, American Farm Bureau Federa- rect an error in the patent issued to their prede- tion, Washington, D.C.; Ande Abbott, International cessors in interest, with an amendment in the nature Brotherhood of Boilermakers, Iron Ship Builders, of a substitute; Blacksmiths, Forgers & Helpers, Fairfax, Virginia; S. 799, to direct the Secretary of the Interior to Jason S. Grumet, Northeast States for Coordinated transfer to the personal representative of the estate of Air Use Management, Boston, Massachusetts; George Fred Steffens of Big Horn County, Wyoming, cer- D. Thurston, New York University School of Medi- tain land comprising the Steffens family property, cine, New York, New York; and Tom Smith, Grif- with an amendment in the nature of a substitute; fin, Georgia, on behalf of the National Coalition of H.R. 765, to ensure the maintenance of a free- Petroleum Retailers. roaming herd of wild horses at Cape Lookout Na- tional Seashore, with an amendment in the nature of AFGHANISTAN a substitute; S. 940, to provide for a study of the establishment Committee on Foreign Relations: Subcommittee on Near of Midway Atoll as a national memorial to the Bat- Eastern and South Asian Affairs concluded hearings tle of Midway, with an amendment in the nature of to examine the current situation with regard to the a substitute; ongoing war in Afghanistan and its implications for H.R. 848, to extend the deadline under the Fed- the United States, after receiving testimony from eral Power Act applicable to the construction of the Karl F. Inderfurth, Assistant Secretary of State for AuSabel Hydroelectric Project in the State of New South Asian Affairs; Zalmay Khalilzad, Project York; AIRFORCE/RAND Corporation, Washington, D.C.; H.R. 651, to extend the deadline under the Fed- Marty F. Miller, Unocal Corporation, Sugar Land, eral Power Act for the construction of a hydroelectric Texas; and Thomas E. Gouttierre, Center for Af- project located in the State of Washington; ghanistan Studies/University of Nebraska, Omaha. H.R. 652, to extend the deadline under the Fed- eral Power Act for the construction of a hydroelectric CAMPAIGN FINANCING INVESTIGATION project located in the State of Washington; Committee on Governmental Affairs: Committee re- H.R. 1217, to extend the deadline under the Fed- sumed hearings to examine certain matters with re- eral Power Act for the construction of a hydroelectric gard to the committee’s special investigation on project located in the State of Washington; campaign financing, receiving testimony from Ste- H.R. 1184, to extend the deadline under the Fed- phen Smith and Chief Petty Officer Charles eral Power Act for the construction of the Bear McGrath, both of the White House Communications Creek hydroelectric project in the State of Washing- Agency. ton; Hearings continue tomorrow. October 22, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1123 NOMINATION Aging, Espiridion A. Borrego, of Texas, to be Assist- Committee on the Judiciary: Committee concluded ant Secretary of Labor for Veterans’ Employment and hearings on the nomination of Bill Lann Lee, of Cali- Training, Charles N. Jeffress, of North Carolina, to fornia, to be Assistant Attorney General, Department be an Assistant Secretary of Labor, Susan Robinson of Justice, after the nominee, who was introduced by King, of the District of Columbia, to be Assistant Senators D’Amato, Akaka, Feinstein, and Boxer, tes- Secretary of Labor for Public Affairs, Patricia Wat- tified and answered questions in his own behalf. Tes- kins Lattimore, of the District of Columbia, to be timony was also received from Susan Au Allen, U.S. Assistant Secretary of Labor for Administration, Rob- Pan Asian American Chamber of Commerce, and ert H. Beatty Jr., of West Virginia, to be a Member Gerald A. Reynolds, Center for New Black Leader- of the Federal Mine Safety and Health Review Com- ship, both of Washington, D.C.; Andrew C. Peter- mission, and Ela Yazzie King, of Arizona, to be a son, Morgan, Lewis and Bockius, Los Angeles, Cali- Member of the National Council on Disability. fornia; and Barbara Towers, Hawthorne, California. SMALL BUSINESS TAX POLICY BUSINESS MEETING Committee on Small Business: Committee held hearings Committee on Labor and Human Resources: Committee to examine the impact of tax law reform on the ordered favorably reported the following business small business community, receiving testimony from items: Jack Faris, National Federation of Independent Busi- S. 1294, to amend the Higher Education Act of ness, Karen Kerrigan, Small Business Survival Com- 1965 to allow the consolidation of student loans mittee, Todd McCracken, National Small Business under the Federal Family Loan Program and the Di- United, John S. Satagaj, Small Business Legislative rect Loan Program, with an amendment in the na- Council, and Bennie L. Thayer, National Association ture of a substitute; for the Self-Employed, all of Washington, D.C.; S. 1237, to amend the Occupational Safety and Charles E. Kruse, Missouri Farm Bureau, Jefferson Health Act of 1970 to further improve the safety City, on behalf of the American Farm Bureau Fed- and health of working environments, with an eration; and Terry Neese, Terry Neese Personnel amendment in the nature of a substitute; and Services, Oklahoma City, Oklahoma, on behalf of the The nominations of David Satcher, of Tennessee, Association of Women Business Owners. to be an Assistant Secretary of Health and Human Hearings were recessed subject to call. Services, and to be Medical Director in the Regular Corps of the Public Health Service, subject to quali- INTELLIGENCE fications therefor as provided by law and regulations, Select Committee on Intelligence: Committee held closed and to be Surgeon General of the Public Health hearings on intelligence matters, receiving testimony Service, Jeanette C. Takamura, of Hawaii, to be As- from officials of the intelligence community. sistant Secretary of Health and Human Services for Committee recessed subject to call. h House of Representatives Conference Report on H.R. 2107, making appro- Chamber Action priations for the Department of the Interior and Re- Bills Introduced: 14 public bills, H.R. 2691–2704; lated Agencies for the fiscal year ending September and 4 resolutions, H. Con. Res. 172–174, and H. 30, 1998, and for other purposes. (H. Rept. Res. 275, were introduced. Pages H9038±39 105–337). Pages H9004±34, H9038 Reports Filed: Reports were filed as follows: Speaker Pro Tempore: Read a letter from the H. Res. 274, providing for consideration of H.R. Speaker wherein he designated Representative 2646, to amend the Internal Revenue Code of 1986 Snowbarger to act as Speaker pro tempore for today. to allow tax-free expenditures from education indi- Page H8931 vidual retirement accounts for elementary and sec- Continuing Appropriations Extension: The House ondary school expenses, to increase the maximum an- passed H.J. Res. 97, making further continuing ap- nual amount of contributions to such accounts, (H. propriations for the fiscal year 1998. Pages H8937±38 Rept. 105–336). D1124 CONGRESSIONAL RECORD — DAILY DIGEST October 22, 1997 Earlier, the House agreed to H. Res. 269, the rule The House agreed to H. Res. 270, the rule that that provided for consideration of the joint resolu- is providing for consideration of the bill by a yea tion by a voice vote. Pages H8934±37 and nay vote of 226 yeas to 200 nays, Roll No. 520. Private Property Rights Implementation Act: By Pages H8964±72 a recorded vote of 248 ayes to 178 noes, Roll No. FDA Regulatory Modernization Act: The House 519, the House passed H.R. 1534, to simplify and insisted on its amendments to S. 830, to amend the expedite access to the Federal courts for injured par- Federal Food, Drug, and Cosmetic Act and the Pub- ties whose rights and privileges, secured by the lic Health Service Act to improve the regulation of United States Constitution, have been deprived by food, drugs, devices, and biological products and final actions of Federal agencies, or other government asked for a conference. Appointed as conferees: Rep- officials or entities acting under color of State law; resentatives Bliley, Bilirakis, Barton of Texas, Green- to prevent Federal courts from abstaining from exer- wood, Burr, Whitefield, Dingell, Brown of Ohio, cising Federal jurisdiction in actions where no State Waxman, and Klink. Page H8978 law claim is alleged; to permit certification of unset- Quorum Calls—Votes: One yea-and-nay vote and tled State law questions that are essential to resolv- two recorded votes developed during the proceedings ing Federal claims arising under the Constitution; of the House today and appear on pages H8961, and to clarify when government action is sufficiently H8963–64, and H8971–72. There were no quorum final to ripen certain Federal claims arising under calls. the Constitution. Page H8940 Adjournment: Met at 10:00 a.m. and adjourned at Rejected the Lofgren motion to recommit the bill 8:18 p.m. to the Committee on the Judiciary. Pages H8963±64 Agreed To: Committee Meetings The Traficant amendment that requires that COMMODITY FUTURES TRADING whenever a Federal agency takes an agency action COMMISSION—GOVERNMENT limiting the use of private property, the agency shall PERFORMANCE RESULTS ACT REPORT give notice to the owners explaining their rights. Committee on Agriculture: Subcommittee on Risk Man- Pages H8955±56 agement and Specialty Crops held a hearing to re- Rejected: view the Commodity Futures Trading Commission’s The Boehlert amendment in the nature of a sub- Government Performance Results Act Report. Testi- stitute that strikes Section 2, allowing property own- mony was heard from Richard J. Hillman, Acting ers to appeal local land use decisions in Federal Associate Director, Financial Institutions and Mar- courts and establishes an expedited process for land kets Issues, General Government Division, GAO; use disputes with the Federal government (rejected and Brooksley Born, Chairperson, Commodity Fu- by a recorded vote of 178 ayes to 242 noes, Roll No. tures Trading Commission. 518). Pages H8956±61 INTERNATIONAL MONEY LAUNDERING— The Clerk was authorized to correct section num- BLACK-MARKET PESO BROKERING bers, punctuation, and cross references, and to make other necessary technical and conforming corrections Committee on Banking and Financial Services: Sub- committee on General Oversight and Investigations in the engrossment of the bill. Page H8964 held a hearing to review law enforcement efforts to The House agreed to H. Res. 271, the rule that combat international money laundering occurring provided for consideration of the bill by a voice vote. through ‘‘black-market peso brokering’’. Testimony Pursuant to the rule, the amendment printed in Part was heard from the following officials of the Depart- 1 of H. Rept. 105–335, the report accompanying ment of the Treasury: Allen Doody, Assistant Direc- the rule was considered as adopted. Pages H8938±40 tor, Operations, U.S. Customs Service; Greg Passic, Subsequently, agreed by unanimous consent to Senior Special Agent, Financial Crimes Enforcement consider an amendment offered by Representative Network; and Al James, Senior Special Agent, Traficant, as though printed in the report accom- Criminal Investigation Division, IRS; and ‘‘Ms. panying the rule. Pages H8950±51 Doe,’’ former money launderer utilized by the Co- Amtrak Reform and Privatization Act: The lombian drug cartels. House completed general debate on H.R. 2247, to MISCELLANEOUS MEASURES reform the statutes relating to Amtrak, to authorize Committee on Commerce: Subcommittee on Energy and appropriations for Amtrak. Consideration of amend- Power concluded hearings on H.R. 655, Electric ments will begin on October 23. Pages H8972±78 Consumers’ Power to Choose Act of 1997, and also October 22, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1125 the following bills: H.R. 338, Ratepayer Protection Smith, Deputy General Counsel, Energy Policy, De- Act; H.R. 1230, Consumers Electric Power Act of partment of Energy; and public witnesses. 1997; H.R. 1359, to amend the Public Utility Reg- ulatory Policies Act of 1978 to establish a means to LINE ITEM VETO support programs for electric energy conservation Committee on National Security: Held a hearing on the and energy efficiency, renewable energy, and univer- President’s line item veto action on the fiscal year sal and affordable service for electric consumers; and 1998 Defense and Military Construction Appropria- H.R. 1960, Electric Power Competition and tions. Testimony was heard from the following offi- Consumer Choice Act of 1997. Testimony was heard cials of the Department of Defense: Maj. Gen. Clair from Stephen Wright, Vice President, National Re- F. Gill, USA, Director, Army Budget, Office of the lations, Bonneville Power Administration, Depart- Assistant Secretary, Financial Management, Depart- ment of Energy; George Costello, Legislative Attor- ment of the Army; Rear Adm. James F. Amerault, ney, American Law Division, Congressional Research USN, Director, Budget, Financial Management Divi- Service, Library of Congress; John Hanger, Commis- sion, Department of the Navy; and Maj. Gen. sioner, Public Utility Commission, State of Penn- George T. Stringer, USAF, Deputy Assistant Sec- sylvania; and public witnesses. retary, Budget, Department of the Air Force. READING EXCELLENCE ACT MISCELLANEOUS MEASURES Committee on Education and the Workforce: Ordered re- Committee on Resources: Ordered reported the following ported amended H.R. 2614, Reading Excellence Act. bills: S. 423, to extend the legislative authority for FEDERAL EMPLOYEES HEALTH CARE the Board of Regents of Gunston Hall to establish PROTECTION ACT; FEDERAL EMPLOYEES a memorial to honor George Mason; H.R. 434, LIFE INSURANCE IMPROVEMENT ACT amended, to provide for the conveyance of small par- cels of land in the Carson National Forest and the Committee on Government Reform and Oversight: Sub- Santa Fe National Forest, New Mexico, to the village committee on Civil Service approved for full Com- of El Rito and the town of Jemez Springs, New mittee action amended the following bills: H.R. Mexico; S. 459, to amend the Native American Pro- 1836, Federal Employees Health Care Protection Act grams Act of 1974 to extend certain authorizations; of 1997; and H.R. 2675, Federal Employees Life In- H.R. 1739, amended, BWCAW Accessibility and surance Improvement Act. Fairness Act of 1997; H.R. 1842, to terminate fur- ADMINISTRATION’S POLICY TOWARD ther development and implementation of the Amer- SOUTH ASIA ican Heritage Rivers Initiative; H.R. 2283, amend- Committee on International Relations: Subcommittee on ed, Arches National Park Expansion Act of 1997; Asia and the Pacific held a hearing on the Adminis- and S. 731, to extend the legislative authority for tration’s Policy Toward South Asia. Testimony was construction of the National Peace Garden memorial. heard from Karl F. Inderfurth, Assistant Secretary, EDUCATIONAL SAVINGS ACCOUNTS— Bureau of South Asian Affairs, Department of State. PUBLIC AND PRIVATE SCHOOLS IMPACT OF CHILD LABOR ON FREE TRADE Committee on Rules: Granted, by voice vote, a modi- Committee on International Relations: Subcommittee on fied closed rule providing 1 hour of debate on H.R. International Economic Policy and Trade and the 2646, Educational Savings Accounts for Public and Subcommittee on International Operations and Private Schools Act of 1997. The rule provides that Human Rights held a joint hearing on the Impact the bill shall be considered as read for amendment. of Child Labor on Free Trade. Testimony was heard The rule also provides that the amendment in the from Andrew Samet, Acting Deputy Secretary, Inter- nature of a substitute recommended by the Commit- national Labor Affairs, Department of Labor; and tee on Ways and Means, as modified by the amend- public witnesses. ment printed in part 1 of the report of the Commit- tee on Rules, as adopted. The rule provides for con- OVERSIGHT—TVA AND FEDERAL POWER sideration of the further amendment printed in part MARKETING ADMINISTRATIONS— 2 of the report, if offered by Representative Rangel APPLICATION OF ANTITRUST LAWS of New York or his designee, against which all Committee on the Judiciary: Held an oversight hearing points of order are waived, which shall be considered on the Application of the Antitrust Laws to the Ten- as read for amendment and shall be debatable for 1 nessee Valley Authority and the Federal Power Mar- hour equally divided between the proponent and an keting Administrations. Testimony was heard from opponent. Finally, the rule provides one motion to Ed Christenbury, General Counsel, TVA; Douglas recommit, with or without instructions. Testimony D1126 CONGRESSIONAL RECORD — DAILY DIGEST October 22, 1997 was heard from Chairman Archer and Representative Committee on Commerce, Science, and Transportation, busi- Rangel. ness meeting, to mark up certain provisions of legislation relating to intermodal transportation safety, 10 a.m., LOAN PROGRAMS AND THEIR SR–253. EFFECTIVENESS Committee on Energy and Natural Resources, to hold over- Committee on Small Business: Held a hearing on the sight hearings on the issue of peaceful nuclear cooperation SBA’s 7(a) and 504 loan programs and their effec- with China, 10 a.m., SD–366. tiveness in serving economically distressed and dis- Subcommittee on National Parks, Historic Preserva- tion, and Recreation, to hold hearings on S. 633, to ad- advantaged areas. Testimony was heard from Aida just the boundary of the Petroglyph National Monument, Alvarez, Administrator, SBA; and public witnesses. and S. 1132, to modify the boundaries of the Bandelier IRS RESTRUCTURING AND REFORM ACT National Monument, 2 p.m., SD–366. OF 1997 Committee on Environment and Public Works, to hold hear- ings to examine the Army Corps of Engineers flood con- Committee on Ways and Means: Ordered reported trol project at Devils Lake, North Dakota, 9 a.m., amended H.R. 2676, Internal Revenue Service Re- SD–406. structuring and Reform Act of 1997. Committee on Finance, to hold hearings on the nomina- f tion of Charles Rossotti, of the District of Columbia, to be Commissioner of Internal Revenue, Department of the BILLS VETOED Treasury, 10 a.m., SD–215. H.R. 1122, to amend title 18, United States Committee on Foreign Relations, to hold hearings on the Code, to ban partial-birth abortion. Vetoed October nominations of Daniel Fried, of the District of Columbia, to be Ambassador to the Republic of Poland, Peter 10, 1997. Francis Tufo, of New York, to be Ambassador to the Re- f public of Hungary, Alexander R. Vershbow, of the Dis- trict of Columbia, to be United States Permanent Rep- COMMITTEE MEETINGS FOR resentative on the Council of the North Atlantic Treaty THURSDAY, OCTOBER 23, 1997 Organization, with the rank and status of Ambassador, (Committee meetings are open unless otherwise indicated) Thomas J. Miller, of Virginia, for the rank of Ambassador during his tenure of service as Special Coordinator for Cy- Senate prus, David Timothy Johnson, of Georgia, for the rank Committee on Appropriations, to continue hearings to ex- of Ambassador during his tenure of service as Head of the amine the costs of enlarging NATO membership to in- United States Delegation to the Organization for Security clude Poland, Hungary, and the Czech Republic, 10 a.m., and Cooperation in Europe, Kathryn Walt Hall, of Texas, SD–192. to be Ambassador to the Republic of Austria, and James Full Committee, business meeting, to mark up S. Carew Rosapepe, of Maryland, to be Ambassador to Ro- 1292, disapproving the cancellations transmitted by the mania, 2 p.m., SD–406. President on October 6, 1997, regarding Public Law Subcommittee on International Economic Policy, Ex- 105–45 (Military Construction Appropriations for Fiscal port and Trade Promotion, to hold hearings to examine Year 1998), 2:30 p.m., SD–192. United States economic and strategic interests in the Cas- Committee on Armed Services, to hold hearings on the pian Sea region, 2 p.m., SD–419. nominations of Lt. Gen. Peter J. Schoomaker, USA, to be Committee on Governmental Affairs, to continue hearings Commander-in-Chief, United States Special Operations to examine certain matters with regard to the commit- Command and for appointment to the grade of general, tee’s special investigation on campaign financing, 10 and Lt. Gen. John A. Gordon, USAF, to be Deputy Di- a.m., SH–216. rector of Central Intelligence and for appointment to the Committee on the Judiciary, business meeting, to consider grade of general, 10 a.m., SR- 222. pending calendar business, 10 a.m., SD–226. Full Committee, business meeting, to consider pending Committee on Labor and Human Resources, to hold hear- nominations, 4:15 p.m., SR–222. ings on S. 869, to prohibit employment discrimination Committee on Banking, Housing, and Urban Affairs, to on the basis of sexual orientation, 10 a.m., SD–430. hold hearings on S. 318, to require automatic cancellation Committee on Indian Affairs, business meeting, to con- and notice of cancellation rights with respect to private sider pending calendar business, 9 a.m., SR–485. mortgage insurance which is required by a creditor as a NOTICE condition for entering into a residential mortgage trans- action, and S. 1228, to provide for a 10-year circulating For a listing of Senate committee meetings sched- commemorative coin program to commemorate each of uled ahead, see pages E2053–54 in today’s Record. the 50 States, 10 a.m., SD–538. Full Committee, to hold hearings on pending nomina- House tions, 2:30 p.m., SD–538. Committee on Agriculture, hearing to review H.R. 2185, Committee on the Budget, to hold hearings to examine USDA Accountability and Equity Act of 1997, and other public pension programs in Europe, 10 a.m., SD–608. civil rights measures, 9:30 a.m., 1300 Longworth. October 22, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1127

Committee on the Budget, hearing on Securing America’s terior to make technical corrections to a map relating to Future: Preparing the Nation for the 21st Century, 10 the Coastal Barrier Resource System; H.R. 2401, to direct a.m., 210 Cannon. the Secretary of the Interior to make technical corrections Committee on Commerce, Subcommittee on Oversight and to a map relating to the Coastal Barrier Resources Sys- Investigations, hearing on the Department of Energy’s tem; and H.R. 2556, Wetlands and Wildlife Enhance- Implementation of Contract Reform: Mismanagement of ment Act of 1997, 2 p.m., 1324 Longworth. Performance-Based Contracting, 10 a.m., 2322 Rayburn. Subcommittee on Forests and Forest Health, oversight Subcommittee on Telecommunications, Trade, and hearing on Recreational Residence Use Fees on National Consumer Protection, hearing on Reauthorization of the Forest System Lands, 10 a.m., 1334 Longworth. Consumer Product Safety Commission and GAO report Committee on Rules, to consider the following: Con- CPSC: Better Data Needed to Help Identify and Analyze ference Report to accompany H.R. 2107, making appro- Potential Hazards, 9:30 a.m., 2123 Rayburn. priations for the Department of the Interior and related Committee on Education and the Workforce, Subcommittee agencies for the fiscal year ending September 30, 1998; on Employer-Employee Relations, hearing on H.R. 1415, and H.R. 2616, Charter Schools Amendments Act of Patient Access to Responsible Care Act of 1997, 10 a.m., 1997, 3 p.m., H–313 Capitol. 2175 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Government Reform and Oversight, Sub- committee on Aviation, hearing on Allegations of Sexual committee on Human Resources, hearing on ‘‘Job Corps Harassment at the FAA, 10:15 a.m., 2167 Rayburn. Oversight: Recruitment and Placement Standards’’, 10 Subcommittee on Aviation, to mark up the following a.m., 2247 Rayburn. measures: H.R. 2626, to make clarifications to the Pilot Committee on International Relations: Subcommittee on Records Improvement Act of 1996; H.R. 1454, Commu- Africa, to mark up H. Res. 273, condemning the military nity Flight Safety Act of 1997; H.R. 2476, to amend intervention by the Government of the Republic of An- title 49, United States Code, to require the National gola into the Republic of the Congo, 2:30 p.m., 2200 Transportation Safety Board and individual foreign air Rayburn. carriers to address the needs of families of passengers in- Committee on the Judiciary, Subcommittee on Commer- volved in aircraft accidents involving foreign air carriers, cial and Administrative Law, hearing and markup of the 3 p.m., 2167 Rayburn. following: H.J. Res. 91, granting the consent of Congress Subcommittee on Public Buildings and Economic De- to the Apalachicola-Chattahoochee-Flint River Basin velopment, hearing on H.R. 2118, Ban on Smoking in Compact; H.J. Res. 92, granting the consent of Congress Federal Buildings Act, 10:30 a.m., 2253 Rayburn. to the Alabama-Coosa-Tallapoosa River Basin Compact; Committee on Veterans’ Affairs, Subcommittee on Over- H.J. Res. 95, granting the consent of Congress to the sight and Investigations, hearing on VA Inspector Gen- Chickasaw Trail Economic Development Compact; and eral Reports on Alleged Mismanagement at the Charles- H.J. Res. 96, granting the consent and approval of Con- ton, South Carolina and Pittsburgh, Pennsylvania VA gress for the State of Maryland, the Commonwealth of Medical Centers, and on related matters, 9:30 a.m., 334 Virginia, and the District of Columbia to amend the Cannon. Washington Metropolitan Area Transit Regulation Com- pact, 10 a.m., 2141 Rayburn. Committee on Ways and Means, Subcommittee on Social Subcommittee on Courts and Intellectual Property, Security, to continue hearings on the Future of Social Se- hearing on the following measures: H.R. 2652, to amend curity for this Generation and the Next, 10 a.m., B–318 title 17, United States Code, to prevent the misappropria- Rayburn. tion of collections of information; and the Vessel Hull Subcommittee on Trade, to mark up H.R. 1432, Afri- Design Protection Act, 9:30 a.m., 2226 Rayburn. can Growth and Opportunity Act; and to hold a hearing Subcommittee on Crime, hearing on the implementa- on the use and effect of unilateral trade sanctions, 10:30 tion of the Communications Assistance for Law Enforce- a.m., 1100 Longworth. ment Act of 1994, 10 a.m., 2237 Rayburn. Committee on Resources, Subcommittee on Fisheries Con- Joint Meetings servation, Wildlife and Oceans, to mark up H.R. 2376, Conferees, on H.R. 2159, making appropriations for for- National Fish and Wildlife Foundation Establishment eign operations, export financing, and related programs Act Amendments of 1997; and hold a hearing on the fol- for the fiscal year ending September 30, 1998, 10:30 lowing bills: H.R. 2304, to direct the Secretary of the In- a.m., H–140, Capitol. D1128 CONGRESSIONAL RECORD — DAILY DIGEST October 22, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, October 23 10 a.m., Thursday, October 23

Senate Chamber House Chamber Program for Thursday: After the recognition of certain Program for Thursday: Consideration of H.R. 2646, Senators for speeches and the transaction of any morning Education Savings Act for Public and Private Schools business (not to extend beyond 11 a.m.), Senate will re- (modified closed rule, 1 hour of general debate); and sume consideration of S. 1173, ISTEA legislation, with a Complete consideration of H.R. 2247, Amtrak Reform cloture vote on the modified committee amendment to and Privatization Act (modified closed rule). occur thereon, following which Senate will vote on H.J. Res. 97, Further Continuing Appropriations, 1998.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E2048 Portman, Rob, Ohio, E2049 Hoyer, Steny H., Md., E2048 Poshard, Glenn, Ill., E2049 Berman, Howard L., Calif., E2046, E2047 McInnis, Scott, Colo., E2047 Serrano, Jose´ E., N.Y., E2046, E2050 Dellums, Ronald V., Calif., E2049 Miller, George, Calif., E2050 Stark, Fortney Pete, Calif., E2048 Dixon, Julian C., Calif., E2047 Neal, Richard E., Mass., E2045 Stokes, Louis, Ohio, E2046, E2050 Engel, Eliot L., N.Y., E2045, E2050 Norton, Eleanor Holmes, D.C., E2045 Waxman, Henry A., Calif., E2047 Hamilton, Lee H., Ind., E2047, E2051 Pappas, Michael, N.J., E2045, E2049

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