Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, FIRST SESSION

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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, THURSDAY, NOVEMBER 13, 1997 No. 160—Part II Senate TIME TO CLEAN UP AMERICA’S almost every major America city, but Mr. President, none of this is nec- COAL-FIRED POWERPLANTS are transformed into acids that con- essary and eliminating these problems Mr. LEAHY. Mr. President, the Sen- tribute to both acid rain and fine par- need not trigger the sort of regional ate will soon recess until the beginning ticulate matter. Together with the fine conflicts that characterized the some- of this Congress’ second Session in Jan- particles formed by sulfur dioxide times bitter ten year struggle to enact uary of 1998. That provides time to de- emissions, they contribute to tens of a federal program to control acid rain. velop a thoughtful proposal on one of thousands of unnecessary deaths. Fi- There are ways of burning coal so that the most pressing environmental nally, carbon-rich coal adds to global it produces only a tiny fraction of the threats confronting the United States warming, which has increased the tem- air pollution now being emitted by as a whole, and especially the Midwest peratures of Earth’s air, oceans, and these powerplants. And, since virtually and the Northeast: namely, the rivers soils, while raising sea levels and trig- all of these powerplants are reaching gering meltdowns of glaciers and ice- of pollution that stream from the the age at which significant invest- caps. If you want to see the effects of smokestacks of hundreds of old coal- ment is required to keep them on line, this pollution, you need only to hike to fired powerplants, especially in the the nation has a unique and valuable the top of Camel’s Hump in the Green Midwest. opportunity to address the problem. These powerplants are collectively Mountains, or talk to the fishermen in the source of enormous amounts of air Missisquoi Bay who catch fish con- Steps should be taken not only to pollution. Mercury poisons lakes and taminated with mercury, or measure prevent further degradation of our en- streams, as well as the fish that swim the increasing acid deposition in pris- vironment, but also to ensure fairness in them. Oxides of nitrogen not only tine lakes within Vermont wilderness in retail electricity competition. When create groundlevel ozone that chokes areas. Congress passed the Clean Air Act in

N O T I C E Under the Rules for Publication of the Congressional Record, a final issue of the Congressional Record for the first session of the 105th Congress will be published on the 31st day after adjournment in order to permit Members to revise and extend their remarks. All materials for insertion must be signed by the Member and delivered to the respective offices responsible for the Record in the House or Senate between the hours of 9 a.m. and 5 p.m., Monday through Friday (until the 10th day after adjournment). House Members should deliver statements to the Office of Floor Reporters (Room HT–60 of the Capitol) and Sen- ate Members to the Office of Official Reporters of Debate (S–123 in the Capitol). The final issue will be dated the 31st day after adjournment and will be delivered on the 33d day after adjournment. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the adjournment date. Along with signed statements, House Members are requested, whenever possible, to submit revised statements or extensions of remarks and other materials related to House Floor debate on diskette in electronic form in ASCII, WordPerfect or MicroSoft Word format. Disks must be labeled with Members’ names and the filename on the disk. All disks will be returned to Member offices via inside mail. Senators statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debate at ‘‘Record@Reporters’’. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512–0224. By order of the Joint Committee on Printing. JOHN WARNER, Chairman.

∑ 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 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12568 CONGRESSIONAL RECORD — SENATE November 13, 1997 1970, many of the old, dirty power- service support. This would be the case combat team of World War II was a plants that were expected to close whether these carriers are traditional regiment made up of the sons of Japa- down were granted exemptions to the local exchange carriers that provide nese immigrants. strict air pollution control require- services otherwise included in the pro- Many immigrants have made the ul- ments that applied to new facilities. gram, have previously obtained uni- timate sacrifice for our country. More Yet, twenty years later, these old versal service support, or will likely be than once I have told audiences the plants continue to operate and enjoy a the carrier that continues to be the story of Nicolas Minue, the Polish born substantial, unfair competitive eco- carrier of last resort for customers in soldier who served the United States in nomic advantage over electric genera- the area. World War II. I tell this story because tors with pollution control technology. This simple amendment will address of the inspiring bravery that is its sub- If ways can be found to assure that this oversight within the amendments ject, because of the pride it should investments are made in clean tech- made by the Telecommunications Act evoke in every American, native or for- nologies, pollution of almost every sort of 1996, and prevent the unintentional eign born. can be sharply reduced and, in likeli- consequences it will have on common In Tunisia in 1943, private Minue’s hood, so can electricity rates. Contrary carriers which Congress intended to be company was pinned down by enemy to the recent wave of doomsday adver- covered under the umbrella of uni- machine gunfire. tising paid for by multi-million dollar versal service support. According to the official report, ‘‘Pri- electric utility companies, this can be Mr. DASCHLE. Would this bill have vate Minue voluntarily, alone, and done without jeopardizing our econ- any effect on the existing jurisdiction unhesitatingly, with complete dis- omy. Vermont has shown how jobs can of State commissions over new or in- regard of his own welfare, charged the be created through renewable energy cumbent local exchange carriers, or enemy entrenched position with fixed and energy efficient technology. providers of commercial mobile radio bayonet. Private Minue assaulted the It is clear, Mr. President, that these services? enemy under a withering machine-gun new technologies and the expertise in Mr. MCCAIN. No, this bill does noth- and rifle fire, killing approximately building and operating them, will be ing to alter the existing jurisdiction ten enemy machine gunners and rifle- needed by every nation in the world. If that State commissions already have men. After completely destroying this the United States can be the first to over local exchange carriers or pro- position, Private Minue continued for- master these new engines of the future, viders of commercial mobile radio serv- ward, routing enemy riflemen from we can also be the first to build and ex- ices as set forth in section 332(c)(3) of dugout positions until he was fatally port them. the Communications Act. Nor will this wounded. The courage, fearlessness and The challenge, Mr. President, is to bill have any effect on litigation that aggressiveness displayed by Private find the proper combination of meas- may be pending regarding jurisdic- Minue in the face of inevitable death ures. During the coming winter, I hope tional issues between the States and was unquestionably the factor that and intend to work with my colleagues federally recognized tribal govern- gave his company the offensive spirit and others to identify those measures. ments. I thank the Democratic leader that was necessary for advancing and f for his interest in this matter. driving the enemy from the entire sec- Mr. DASCHLE. I thank the Senator tor.’’ AMENDING THE COMMUNICATIONS for his clarification of this matter. America remains free because she has ACT OF 1934 f been blessed with many American he- Mr. MCCAIN. Mr. President, I would roes, willing to give their lives in her like to discuss a very important bill VETERANS DAY defense. Nicolas Minue showed that not that I first introduced on October 31, Mr. ABRAHAM. Mr. President, I rise every American hero was born in 1997. The bill, S. 1354, which is cospon- today in recognition of Veterans Day, America. sored by Senators CAMPBELL, STEVENS, that day on which all of us are called Michigan, too, has her share of he- INOUYE, DASCHLE, and DORGAN, is an on to honor the sacrifices made for our roes. More than once, I have related amendment to the Communications country by those who serve in her the story of Francisco Vega, a citizen Act of 1934. The amendment enables armed forces and those who risked or of my state who was born and raised in the Federal Communications Commis- gave their lives defending her. San Antonio, Texas, the son of Mexican sion [FCC] to designate common car- It is only right, Mr. President, that immigrants. His father, Naba Lazaro riers not under the jurisdiction of a we pay tribute to the brave men and Vega served in the American Army State commission as eligible recipients women who put their country before during World War I. I tell Mr. Vega’s of universal service support. themselves in time of danger. On the story because it, too, is one of inspiring Universal Service provides intercar- beaches of Normandy or in the jungles bravery and love of country. rier support for the provision of tele- of Vietnam, in the South Pacific or the Mr. Vega volunteered for the Army communications services in rural and Persian Gulf, on the shores of Inchon in October 1942 and served during the high-cost areas throughout the United or the deserts of North Africa, our sol- Second World War. He fought for the States. However, section 254(e) of the diers and sailors have defended this Americans in five major battles in Eu- Communications Act states that only country around the globe, in the face of rope, including the crucial landing at an eligible carrier designated under bombs, bullets, disease and hunger. Omaha Beach in Normandy. He was section 214(e) of the Communications Nothing we do can repay the debt we awarded bronze stars for bravery in Act, shall be eligible to receive specific owe them. But we must note that debt, each of these five battles. Mr. Vega was Federal universal support after the recognize it and make certain our chil- discharged in December 1945 and came FCC issues regulations implementing dren know how great it is. to Michigan, where he attended the the new universal service provisions As we remember the brave young University of Michigan in Ann Arbor into the law. Section 214(e) does not ac- people who have defended our nation in and graduated from Aquinas College in count for the fact that State commis- time of war, we should not forget that Grand Rapids. He retired from his own sions in a few States have no jurisdic- many of them put their lives on the cemetery business in 1993 and currently tion over certain carriers. Typically, line for America even though they were resides in Grand Rapids. States also have no jurisdiction over born in a different land. These soldiers In Vietnam, also, immigrants served tribally owned common carriers which and sailors were not born in this coun- our nation and became heroes. For ex- may or may not be regulated by a trib- try. But they loved her enough to risk ample, Alfred Rascon immigrated to al authority that is not a State com- their lives to protect her. the U.S. from Mexico. At age 20, while mission per se. Over 60,000 active military personnel a lawful permanent resident, Mr. The failure to account for these situ- are immigrants to this country. More Rascon volunteered to serve in Viet- ations means that carriers not subject than 20 percent of recipients of our nam. During a firefight he twice used to the jurisdiction of a State commis- highest military declaration, the Con- his body to shield wounded soldiers. He sion have no way of becoming an eligi- gressional Medal of Honor, have been was nearly killed dashing through ble carrier that can receive universal immigrants. And the most decorated heavy enemy fire to get desperately

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12569 needed ammunition, but refused med- helped make them important to each mittee and on the Senate floor, the ical attention until the wounds of all of us. Senate has failed to fulfill its constitu- the other soldiers in his unit were It was through working with Jean tional responsibilities to the Federal tended. Asked why he showed such that I came to realize the importance judiciary. courage even though he was not yet a of many of the issues that I have taken In recent days, the Senate has quick- U.S. citizen, Mr. Rascon replied ‘‘I was on in my own legislative career. Wom- ened its painfully slow pace on review- always an American in my heart.’’ So en’s health, child care, the environ- ing and confirming judicial nomina- impressed were they by his bravery ment, equal rights, protecting our sen- tions. I have commended the Chairman that fellow soldiers who witnessed his iors and the list goes on. I also owe her of the Judiciary Committee for holding acts have urged that he receive the a great deal of thanks for bringing to two judicial nominations hearings in Medal of Honor. my attention the need for involvement September and October and for holding I could tell many more such stories. by women at every level of the polit- another hearing yesterday, which But let these three suffice to show the ical spectrum. From the State legisla- brings the total for the year to nine. commitment to America’s ideals and ture where Jean and I both cut our po- Unfortunately, we had no hearings at way of life that has been shown by so litical teeth, to this very body I stand all in 4 months—January, February, many brave young soldiers and sailors before today. Diversity of opinion is April or August—and none is antici- over the years. the lifeblood that feeds democracy and pated in December. I repeat that we We owe a debt to all these people for I am grateful that people like Jean have never had a day go by this session keeping our nation free and safe in a Ford helped break down the walls that without having a backlog of at least 20 dangerous world. And we owe a con- once kept all but a privileged few out judicial nominations awaiting a hear- tinuing debt of gratitude to those of the political realm. ing. Even with the virtual frenzy of today who serve, guarding our country, For her work in opening these doors, last-minute hearings, we will close the our homes and our freedom. Like all Jean has been honored dozens of times year with more than 30 nominees hav- good things, freedom must be won by groups throughout Nevada, including never been accorded a confirmation again and again. I hope all of us will re- ing being named ‘‘ Outstanding Woman hearing. member those, immigrants and native of the year’’ by the Nevada Women’s I acknowledge that the majority born, who have won freedom for us in Political Caucus, and ‘‘Civil Liber- leader has allowed the Senate to pro- the past, and stand ready to win free- tarian of the year’’ by the ACLU. ceed to confirm 13 judicial nominees in dom for us again, if they must. Jean’s legacy also encompasses several the last week, but that still leaves May we never forget our debt to the political organizations which she eight outstanding nominees on the brave who have fallen and the brave helped co-found including the National Senate Calendar still to be considered. who stand ready to fight. Women’s Legislator’s Network, and the I understand that Senator BOXER has I yield the floor. Nevada Elected Women’s Network. received a commitment from the Re- f More recently, Jean has dedicated publican leadership to proceed to con- herself to helping future Nevadans sideration of the longstanding nomina- RECOGNIZING JEAN FORD FOR through her work in the classroom. tion of Margaret Morrow by the middle HER CONTRIBUTIONS TO THE Since 1991, Jean has been an instructor of February next year. I commend the GREAT STATE OF NEVADA at the University of Nevada—Reno, Senator from California for achieving Mr. REID. Mr. President, I rise today where she served as acting director of what appeared to be impossible, get- to pay tribute to a Nevadan whose the Women’s Studies Program. She has ting the Senate to debate this out- dedication, foresight and work on be- also been an instructor of History and standing nominee. I deeply regret that half of women and minorities has pro- Political Science, and helped developed we have not proceeded to debate and foundly changed the face of the Silver the Nevada Women’s archives through vote to confirm Margaret Morrow to State. Jean Ford can be called a role the University library system. It is the District Court for the Central Dis- model and an inspiration for genera- only fitting that Jean is also the cur- trict of California this year. Hers is the tions to come, not only in Nevada but rent State coordinator for the Nevada nomination that has been stalled be- across our great Nation. Time and Women’s History Project. fore the Senate the longest, since June again she has given of herself to better But In spite of all that she has en- 12. the lives of those around her and she deavored to create, the magnificent She has twice been reported to the has created a legacy that will long en- achievements of Jean Ford are truly Senate favorably by the Judiciary dure in the history of Nevada. overshadowed by the warmth and gra- Committee. She has been unfairly ma- Jean Ford has been a State legis- ciousness which she has exhibited ligned and her family and law partners lator, an educator, a successful busi- through the many years that I have made to suffer for far too long without nesswoman and I am proud to say a known her. I am sure if you could cause or justification. Some have cho- true friend to me and my family. Over count them, her friends would number sen to use her nomination as a vehicle the years we worked together on a in the thousands, and her admirers for partisan political, narrow ideolog- great many projects, and I have come would number even more. That is the ical, and conservative fund raising pur- to deeply admire Jean’s compassion for true testament to a life long list of ac- poses. She deserved better treatment. all people, and her devotion to pro- complishments. The people of California deserved to tecting and preserving Nevada’s nat- I ask all my colleagues to join with have this nominee confirmed and in ural beauty. me today to recognize a true pioneer place hearing cases long ago. The wait I first met Jean Ford more than 25 who changed her world for the better, can never be rectified or justified. years ago when she was elected to Ne- and whose efforts have touched not I hope that the Republican leadership vada’s State Assembly. Jean quickly only those who call Nevada home, but will not require any of the other nomi- rose to become a driving force for wom- the hearts and minds of all who have nees currently pending on the calendar en’s equality in Nevada, introducing had the pleasure and the honor to know to remain hostage to their inaction. the equal rights amendment in our my friend Jean Ford. Ann Aiken was finally reported favor- State and working to end sex discrimi- f ably by the Judiciary Committee ear- nation and break down long standing lier this month. Her nomination was gender barriers. Through the years, her JUDICIAL NOMINATIONS DURING first received in November 1995, 2 years work in the legislature also carried THE FIRST SESSION ago. She had an earlier hearing in Sep- over to other minority groups who Mr. LEAHY. Mr. President, as we tember 1996 and another last month. found in Jean a voice, and a visionary wrap up our business for the first year This is a judicial emergency vacancy willing to lead them on what was often of the 105th Congress, I believe it is ap- that should be filled without further a long, hard struggle for equal treat- propriate to take account of the Sen- delay. ment under the law. Senior citizens, ate’s advice and consent on judicial G. Patrick Murphy would be a much- the disabled, single mothers, they were nominations. As I have said many needed addition to the District Court all important to Jean, and in turn, she times this year in the Judiciary Com- for the Southern District of Illinois. He

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12570 CONGRESSIONAL RECORD — SENATE November 13, 1997 was reported unanimously by the Judi- There remains no excuse for the Sen- Senators of the other party moving ciary Committee and his confirmation ate’s delay in considering the nomina- through to confirmation while his or should be expedited. tions of such outstanding individuals her nominees are being held back, to Michael P. McCuskey was likewise as Professor William A. Fletcher, place such a hold. This year we re- reported without a single objection by Judge James A. Beaty, Jr., Judge Rich- sisted. the Judiciary Committee for a vacancy ard A. Paez, M. Margaret McKeown, I have urged those who have been that is a judicial emergency that ought Susan Oki Mollway, Margaret M. Mor- stalling the consideration of the Presi- to be filled without delay. row, Clarence J. Sundram, Ann L. dent’s judicial nominations to recon- Frederica Massiah-Jackson is a Aiken, Annabelle Rodriguez, Michael sider and to work with us to have the Pennsylvania State court judge. The D. Schattman and Hilda G. Tagle, all of Judiciary Committee and the Senate Senate should move to consider her whom have been pending since the last fulfil its constitutional responsibility. nomination without the months of Congress. All of these nominees have Those who delay or prevent the filling delay that will ensue following ad- been waiting at least 18 months and of these vacancies must understand journment. some more than 2 years for Senate ac- that they are delaying or preventing As we enter the final hours of this tion. the administration of justice. Courts session, the Senate has confirmed 36 of Most of these outstanding nominees cannot try cases, incarcerate the the President’s 77 judicial nominations. have been waiting all year for a hear- guilty or resolve civil disputes without That is certainly better than the 17 ing. Professor Fletcher and Ms. judges. The mounting backlogs of civil confirmed last year. It is better than Mollway had both been favorably re- and criminal cases in the dozens of the total of only 9 who had been con- ported last year. Judge Paez had a emergency districts, in particular, are firmed before September this year. But hearing last year but has been passed growing more critical by the day. in a time period in which we have expe- over so far this year. Judge Paez, Pro- I hope that when we return in Janu- rienced 121 vacancies on the Federal fessor Fletcher, and Ms. McKeown are ary, there will be a realization by those courts, the Senate has proceeded to all nominees for judicial emergency va- in this body who have started down confirm judges at an annual rate of cancies on the Ninth Circuit, as well. this destructive path of attacking the only three per month. And that does Next year, I hope that the Committee judiciary and stalling the confirmation not begin to consider the natural attri- will proceed without delay to consider of qualified nominees to the Federal tion that will lead to more vacancies these nominations, as well as the nomi- bench that those efforts do not serve over the next several months. nations of Clarence Sundram and the national interest or the American I want to thank the President of the Judge Sonia Sotomayor, who have par- people. I hope that we can once again United States for helping. Not only has the President sent us almost 80 nomi- ticipated in hearings but are still bot- remove these important matters from nees this year but he devoted a na- tled up in the Judiciary Committee. partisan and ideological politics. We should be moving promptly to fill tional radio address to reminding the f the vacancies plaguing the Federal Senate of its constitutional responsi- courts. Thirty-five confirmations in a PRESIDENT’S LINE ITEM VETO OF bility to consider and confirm qualified year in which we have witnessed 121 va- THE OPEN SEASON FOR CIVIL nominees to the Federal bench. When cancies is not fulfilling the Senate’s SERVICE RETIREMENT SYSTEM he spoke, the American people, and EMPLOYEES IN THE TREASURY maybe even the Senate, listened. Since constitutional responsibility. At the end of Senator HATCH’s first AND GENERAL GOVERNMENT AP- word that he would be speaking out on year chairing the Committee, 1995, the PROPRIATIONS ACT, 1998 this issue reached Capitol Hill, the Senate adjourned having confirmed 58 Mr. STEVENS. Mr. President, last pace has picked up a bit. Unfortunately, the final report on judicial nominations. In the last year year the Congress enacted, and the this session of Congress is that the of the Bush Presidency, a Democratic President signed into law, the Line Senate did not make progress on the majority in the Senate proceeded to Item Veto Act—Public Law 104–130. judicial vacancy crisis. In fact, there confirm 66 judges. This act delegated specific authority to are many more vacancies in the Fed- Unfortunately, this year there has the President to cancel in whole any eral judiciary today than when the been a concerted campaign of intimida- dollar amount of discretionary budget Senate adjourned last year. At the tion that threatens the very independ- authority identified by Congress, new snail’s pace that the Senate has pro- ence and integrity of our judiciary. We direct spending, and limited tax bene- ceeded with judicial nominations this are witnessing an ideological and polit- fits. As the chairman of the Govern- year, we are not even keeping up with ical attack on the judiciary by some, mental Affairs Committee at that attrition. When Congress adjourned both outside and within Congress. Ear- time, I was chairman of the conference last year, there were 64 vacancies on lier this fall the Republican Majority committee and one of the principal au- the Federal bench. In the last 11 Whip in the House and the Majority thors of the act. Another principal au- months, another 57 vacancies have oc- Leader in the Senate talked openly thor was the Senator from New Mexico, curred. Thus, after the confirmation of about seeking to ‘‘intimidate’’ the Fed- my good friend and chairman of the 36 judges in 11 months, there has been eral judiciary. It is one thing to criti- Senate Budget Committee. We are here a net increase of 16 vacancies, an in- cize the reasoning of an opinion, the re- on the floor today to say that the crease of more than one-third in the sult in a case, or to introduce legisla- President exceeded the authority dele- number of current Federal judicial vation to change the law. It is quite an- gated to him when he attempted to use cancies. other matter to undercut the separa- the Line Item Veto Act to cancel sec- Judicial vacancies have been increas- tion of powers and the independence tion 642 of the Treasury and General ing, not decreasing, over the course of that the Founders created to insulate Government Appropriations Act of this year and therein lies the vacancy the judiciary from politics. Inde- 1998, which is Public Law 105–61. crisis, which the Chief Justice of the pendent judicial review has been an im- Section 642 of that law would allow a United States Supreme Court has portant check on the political branches six month open season for employees called the rising number of vacancies of our Federal Government that have currently under the Civil Service Re- ‘‘the most immediate problem we face served us so well for over 200 years. tirement System (CSRS) to switch to in the Federal judiciary.’’ I want to commend all those who the Federal Employee Retirement Sys- The Senate still has pending before it have spoken out against this extremist tem (FERS). The last such open season 11 nominees who were first nominated and destructive rhetoric. was in 1988. during the last Congress, including five I also thank my Democratic col- On October 16 President Clinton sent who have been pending since 1995. leagues for their patience this year. No a special message to Congress in which While I am delighted that we are mov- Democrat has delayed or placed a he claims to have canceled section 642 ing more promptly with respect to ‘‘hold’’ on a single judicial nominee for pursuant to the authority delegated to some of this year’s nominees, I remain a single day, all year. It is the normal him by Congress in the Line Item Veto concerned about the other vacancies course in the Senate when one Senator Act. Under the Act the President is and other nominees. sees the recommendations of other permitted to cancel in whole any dollar

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12571 amount of discretionary budget au- This means that in order to qualify as the specific terms and definitions pro- thority, any item of new direct spend- budget authority, the $854 million re- vided in the Line Item Veto Act, the ing, or any limited tax benefit if the duction in CSRS employee contribu- President cannot reach a dollar President determines that such can- tions the President purported to cancel amount of discretionary budget au- cellation will reduce the Federal budg- using the Line Item Veto Act would thority provided in some other law et deficit, not impair any essential gov- have to be offsetting receipts. that is not the one before the Presi- ernment function, and not harm the Unfortunately for the President, his dent. The Treasury and General Gov- national interest. A cancellation must advisors seem to have overlooked that ernment Appropriations Act did not be made and Congress must be notified employee contributions to retirement provide $854 million in discretionary by special message within five calendar accounts are considered governmental budget authority for section 642, so days of the date of enactment of the receipts, and not offsetting receipts, so that amount could not be rescinded law providing the dollar amount of dis- they do not meet the definition of under the terms of the Line Item Veto cretionary budget authority, item of budget authority. Act. The $854 million figure came from new direct spending, or limited tax Mr. STEVENS. The senator from the President’s estimates of the loss of benefit that was canceled. New Mexico is making my point ex- employee contributions to CSRS gov- The President’s special message num- actly. The President’s advisors cannot ernment-wide. As we have explained ber 97–56 on the Treasury and General change the definition of budget author- above that loss is not budget author- Government Appropriations Act of 1998 ity to permit him to reach this provi- ity, so it cannot be canceled. But even states that the President is canceling sion. As a senior member of the Appro- if it were, the President could not $854 million in discretionary budget au- priations Committee I was particularly reach dollar amounts of discretionary thority provided by section 642. The concerned with the precise nature of budget authority government-wide un- President arrives at this figure by esti- the authority delegated to the Presi- less the dollar amount of budget au- mating the dollar amount that em- dent, and worked very hard along with thority needed government-wide was ployee contributions to the CSRS my staff to ensure that the definitions provided in the specific appropriations would be reduced as a result of Federal were clear and unambiguous. That is law before him. employees shifting to FERS. Unfortu- the reason for the detailed definition in As the definition of cancel in section nately for the President, these con- section 1026 of the Budget Act, as added 1026 of the Budget Act clearly states, in tributions do not represent a ‘‘dollar by the Line Item Veto Act, which in- the case of a dollar amount of discre- amount of discretionary budget au- corporates the long established defini- tionary budget authority the term thority’’ as defined by the Line Item tion of budget authority in section 3 of ‘‘cancel’’ means ‘‘rescind’’—a term Veto Act. Therefore those funds could the Budget Act. Is it the Senator from which itself has a long history in con- not be canceled pursuant to that Act. New Mexico’s understanding that prior gressional-executive branch relations. Mr. DOMENICI. I agree with my col- to the attempted cancellation of sec- The recission of budget authority in a league from Alaska. Congress added tion 642 that the President’s own docu- specific law does not change the opera- the Line Item Veto Act as Part C of ments classified employee contribu- tive effect of a general provision in title X of the Congressional Budget and tions to retirement accounts as govern- that specific law with respect to budget Impoundment Control Act of 1974, mental receipts that are counted as authority provided in another law. As which is more commonly referred to as revenue and not offsetting receipts the statement of managers accom- the Budget Act. This was done delib- that offset budget authority and out- panying the Line Item Veto Act makes erately, so that the cancellation au- lays? clear, the delegated authority in the thority provided by the Line Item Veto Mr. DOMENICI. The Senator from Act does not permit the President to Act is part of a larger, established sys- Alaska is correct. In the President’s strike out or rewrite the law. It merely tem of budgetary tools that Congress Budget for Fiscal Year 1998 there is a allows him discretionary authority to imposes on itself or has delegated to proposal to increase employee con- close the doors to the Federal Treasury the President to control federal spend- tributions to both CSRS and FERS. and refuse to spend funds appropriated ing. This proposal is shown on page 317 of by Congress in that particular law. The Line Item Veto Act provides a the Budget, in Table S–7 that shows the In contrast, the definition of ‘‘can- detailed definition of what represents a impact of tax relief provisions and cel’’ with respect to new direct spend- ‘‘dollar amount of discretionary budget other revenue measures, as an increase ing, which also results in the expendi- authority.’’ The definition specifically in governmental receipts. This same ture of budget authority, is to prevent allows the President to cancel the ‘‘en- proposal is listed under ‘‘miscellaneous the specific provision of law or legal tire dollar amount of budget authority receipts’’ in Table 3–4 showing Federal obligation from ‘‘having legal force or required to be allocated by a specific receipts by source on page 59 of the An- effect.’’ This distinction recognizes proviso in an appropriation law for alytical Perspectives document that that provisions of law that result in which a specific dollar figure was not accompanied the FY 98 Budget. The new direct spending may not actually included,’’ which appears to be the defi- fact that section 642 would have re- provide budget authority that can be nition which the President used to jus- sulted in a reduction in employee con- canceled at that time—say for example tify the cancellation of section 642. tributions to CSRS does not alter their a provision of law that simply in- However, in doing so it appears that treatment under the Budget Act; they creases the amount an individual will the President’s advisors failed to real- are still governmental receipts col- receive at a future date under an exist- ize that section 642 does not constitute lected from employees through the ing benefit program provided in a law ‘‘budget authority’’ as defined in sec- government’s sovereign powers and not enacted years before. Such provisions tion 3 of the Budget Act. That defini- offsetting receipts collected as a result create a legal obligation or right that tion also applies to Part C of title X of of a business-like or market oriented may be exercised in the future, or the Budget Act, which as I mentioned activity. which result in a future increase in ex- is the Line Item Veto Act. Mr. STEVENS. I thank the Senator penditures from budget authority pro- ‘‘Budget authority’’ is defined in the from New Mexico for that explanation. vided elsewhere. If the President wish- Budget Act as ‘‘provisions of law that In closing, I would like to take this op- es to remove the legal force or effect of make funds available for obligation portunity to clarify further how the a specific provision of law that applies and expenditure * * * borrowing au- Line Item Veto Act operates. Section to budget authority provided in a law thority * * * contract authority * * * 1021(a)(3)(B) of the Budget Act—the other than the appropriations law the and offsetting receipts and collections section of the Line Item Veto Act that provision is in, then he may only do so * * *.’’ Section 642 does not make any provides the cancellation authority— if that provision is new direct spending funds specifically available, so it does makes it clear that the authority is under the Line Item Veto Act. not meet that definition of budget au- limited to the cancellation of a dollar Section 642 is not an ‘‘item of new di- thority. Nor does it provide authority amount of discretionary budget au- rect spending’’ as defined in section to borrow money or the authority to thority that is provided in the just- 1026 of the Budget Act because it re- obligate funds for future expenditure. signed law before the President. Under sults in savings to the government

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12572 CONGRESSIONAL RECORD — SENATE November 13, 1997 when compared to the present budget chosen to stop the Ocean Shipping Re- the Ocean Shipping and OECD bills baseline. As explained above, the Presi- form bill. moving. I intend to put these bills to a dent’s wish to the contrary notwith- Mr. President, the Ocean Shipping Senate vote early next year. standing, it does not result in a dollar Reform bill is necessary. In the meantime, the Senate has left amount of discretionary budget au- Mr. President, the Ocean Shipping two vital pieces of maritime legislation thority. Thus, the President has ex- Reform bill helps U.S. exporters in stranded in the middle of the ocean, for ceeded his delegated authority by vio- every State of this nation compete a long winter. D.I.W. Dead in the lating the terms of the statute, and I with their foreign competitors. water. This is not good for America’s would urge the Justice Department to Without Ocean Shipping Reform, the maritime world. This is not good for concede that the cancellation of sec- Senate keeps 50 states D.I.W. for a America. tion 642 was outside the authority pro- small organized group. f Mr. President, the Ocean Shipping vided by the statute. MESSAGES FROM THE HOUSE Mr. DOMENICI. I concur in the Sen- Reform bill helps America’s container RECEIVED DURING ADJOURNMENT ator’s analysis and recommendation. ships and exporters. The Line Item Veto Act is a carefully When we take up this bill early next Under the authority of the order of crafted delegation of authority. The year, each Senator will be asked to the Senate of January 7, 1997, the Sec- President undermines that delegation choose between helping the thousands retary of the Senate, on November 13, when he attempts to reach outside the of workers in his or her State or harm- 1997, during the adjournment of the clear limits of that Act. ing them. Senate, received a message from the Mr. STEVENS. I thank the Senator Mr. President, the second piece of House of Representatives announcing from New Mexico for joining me in this important maritime legislation I would that House had passed the following colloquy, and I yield the floor. like to see passed is the implementa- bills, each without amendment: f tion of the OECD Shipbuilding Agree- S. 1378. An act to extend the authorization ment, signed nearly 3 years ago. This of use of official mail in the location and re- STATUS OF OCEAN SHIPPING RE- legislation, I am disappointed to recovery of missing children, and for other FORM AND OECD SHIPBUILDING port, is also D.I.W. purposes. AGREEMENT LEGISLATION S. 1507. An act to amend the National De- Senators on two committees worked fense Authorization Act for Fiscal Year 1998 Mr. LOTT. Mr. President, I rise today very hard this session, in a bipartisan to make certain technical corrections. to address the status of the Ocean manner, to address the legitimate con- S. 1519. An act to provide a 6-month exten- Shipping bill and the implementation cerns of our nation’s largest shipyards. sion of highway, highway safety, and transit of the OECD Shipbuilding Agreement U.S. participation in this agreement is programs pending enactment of a law reau- in the Senate. These are very impor- essential, but it must be based on the thorizing the Intermodal Surface Transpor- tant bills which are badly needed to re- firm understanding that the Jones Act tation Efficiency Act of 1991. form America’s maritime industry. and national security requirements re- The message also announced that the A number of my Senate colleagues garding vessel construction will not be House has agreed to the following con- joined me in working very hard this restricted by other countries. What current resolutions, each without year, in a bipartisan way, to get these America desires is a level playing field, amendment. two bills done. The legislation and without compromising our national se- S. Con. Res. 61. Concurrent resolution au- amendments reflected a balance among curity interests. thorizing printing of a revised edition of the the concerns of all affected parties. I believe that S. 1216, with the Lott- publication entitled ‘‘Our Flag.’’ S. Con. Res. 62. Concurrent resolution au- However, I must report that a few Sen- Breaux amendment, addresses these thorizing of the brochure entitled ‘‘How Our ators have held up each bill. This mi- principles in a good faith effort to re- Laws Are Made.’’ nority of Senators wants more than solve the issues identified by Rep- S. Con. Res. 63. Concurrent resolution au- most of us believe is do-able. Given the resentative BATEMAN. I would not sup- thorizing printing of the pamphlet entitled waning hours of this session, the Sen- port any legislation that didn’t respect ‘‘The Constitution of the United States of ate will not be able to consider and these principles. America.’’ pass either of these bills this year. I am Let me be clear. I am a Jones Act The message further announced that deeply disappointed. supporter, period. And I believe the the House has passed the following Mr. President, maritime issues are amendment protects the integrity of bills and joint resolutions, in which it very important to me. I grew up in the the Jones Act. requests the concurrence of the Senate: port town of Pascagoula. I still live But once again, a few Senators have H.R. An act to make technical corrections there. My father worked in the ship- stopped this vital legislation in mid- to title 11, United States Code, and for other yard. I have spent my entire adult life ocean. Another D.I.W. bill. purposes. This minority of Senators wants to H.R. 2440. An act to make technical amend- working on maritime issues. So I am ments to section 10 of title 9, United States very concerned by the Senate’s inac- include additional exceptions to the Code. tion on these two pieces of legislation. OECD Agreement’s limitations on com- H.R. 2709. An act to impose certain sanc- The Ocean Shipping Act is D.I.W.— mercial vessel construction subsidies tions on foreign persons who transfer items ‘‘dead in the water’’, at least for this and credits. I am concerned that this contributing to Iran’s efforts to acquire, de- year. The incremental Shipping Act re- attempt will scuttle the entire Agree- velop, or produce ballistic missiles, and to forms have been stopped because some ment. This is counter-productive. This implement the obligations of the United want to inject new issues into the leg- would force U.S. shipbuilders back into States under the Chemical Weapons Conven- tion. islation. Issues that should be resolved a subsidy race that the U.S. cannot af- H.R. 2979. An act to authorize acquisition at the labor-management negotiating ford to win. This small minority of of certain real property for the Library of table. Issues not directly related to Senators are not just stopping this leg- Congress, and for other purposes. making America’s container ships islation in mid-ocean, but scuttling H.J. Res. 95. Joint resolution granting the more competitive in the international it—sinking it. And I believe that, no consent of Congress to the Chickasaw Trail marketplace. matter how well-meaning they may be, Economic Development Compact. H.J. Res. 96. Joint resolution granting the Mr. President, the bill’s sponsors they will eventually jeopardize the consent and approval of Congress for the have made it clear on several occasions very U.S. commercial shipbuilding in- States of Maryland, the Commonwealth of that we are not trying to undo or inject dustry they are trying to protect. Our Virginia, and the District of Columbia to the Senate into the collective-bar- commercial shipbuilding industry amend the Washington Metropolitan Transit gaining process for port labor agree- needs a worldwide, level playing field. Regulation Compact. ments. These concerns can and should We need it now. The message also announced that the be addressed in a fair and even-handed Mr. President, it is time for these few House has passed the following bill, manner at the bargaining table. Senators to set aside narrow regional with amendments, in which it requests Despite my efforts to work through and partisan interests and take up an the concurrence of the Senate. this issue this past weekend, some Sen- oar and start rowing with the rest of S. 1079. An act to permit the mineral leas- ators on the other side of the aisle have the Senate. The Senate needs to get ing of Indian land located within the Fort

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12573 Berthold Indian Reservation in any case in President pro tempore [Mr. THUR- H. Con. Res. 172. Concurrent resolution ex- which there is consent from a majority in- MOND]. pressing the sense of Congress in support of terest in the parcel of land under consider- efforts to foster friendship and cooperation ation for lease. f between the United States and Mongolia, The message further announced that MESSAGES FROM THE HOUSE and for other purposes. the House agrees to the amendments of At 12:56 p.m., a message from the The message also announced that the the Senate to the bill (H.R. 2607) mak- House of Representatives, delivered by House has passed the following bill, ing appropriations for the government Mr. Hays, one of its reading clerks, an- with an amendment, in which it re- of the District of Columbia and other nounced that the House agrees to the quests the concurrence of the Senate: activities chargeable in whole or in amendment of the Senate of the bill S. 476. An act to provide for the establish- part against the revenues of said Dis- (H.R. 867) to promote the adoption of ment of not less than 2,500 Boys and Girls trict for the fiscal year ending Sep- children in foster care, with an amend- Clubs of America facilities by the year 2000. tember 30, 1998, and for other purposes, ment, in which it requests the concur- At 6:25 p.m., a message from the with amendments, in which it requests rence of the Senate. House of Representatives, delivered by the concurrence of the Senate. Ms. Goetz, one of its reading clerks, an- The message also announced that the At 3:05 p.m., a message from the nounced that the House has agreed to House agrees to the report of the com- House of Representatives, delivered by the following concurrent resolution, in mittee of conference on the disagreeing Ms. Goetz, one of its reading clerks, an- which it requests the concurrence of votes of the two Houses on the amend- nounced that the House has passed the the Senate: bills, each without amendment: ment of the Senate to the bill (H.R. H. Con. Res. 196. Concurrent resolution to 2159) making appropriations for foreign S. 1228. An act to provide for a 10-year cir- correct the enrollment of the bill S. 830. culating commemorative coin program to operations, export financing, and re- The message also announced that the lated programs for the fiscal year end- commemorate each of the 50 States, and for other purposes. House has passed the following bills, in ing September 30, 1998, and for other S. 1354. An act to amend the Communica- which it requests the concurrence of purposes. tions Act of 1934 to provide for the designa- the Senate: ENROLLED BILLS AND JOINT RESOLUTIONS tion of common carriers not subject to the H.R. 2796. An act to authorize the reim- SIGNED jurisdiction of a State commission as eligi- bursement of members of the Army deployed The message further announced that ble telecommunications carriers. to Europe in support of operations in Bosnia the Speaker has signed the following S. 1417. An act to provide for the design, for certain out-of-pocket expenses incurred enrolled bills and joint resolutions: construction, furnishing and equipping of a by the members during the period beginning Center for Performing Arts within the com- on October 1, 1996, and ending on May 31, S. 699. An act to provide for the acquisition plex known as the New Mexico Hispanic Cul- 1997. of the Plains Railroad Depot at the Jimmy tural Center and for other purposes. H.R. 3034. An act to amend section 13031 of Carter National Historic Site. S. 1505. An act to make technical and con- the Consolidated Omnibus Budget Reconcili- S. 714. An act to amend title 38, United forming amendments to the Museum and Li- ation Act of 1985, relating to customs user States Code, to revise, extend, and improve brary Services Act, and for other purposes. fees, to allow the use of such fees to provide programs for veterans. for customs inspectional personnel in con- S. 923. An act to amend title 38, United The message also announced that the nection with the arrival of passengers in States Code, to prohibit interment or memo- House has passed the following bill, in which it requests the concurrence of Florida, and for other purposes. rialization in certain cemeteries of persons H.R. 3037. An act to clarify that unmarried committing Federal or State capital crimes. the Senate: children of Vietnamese reeducation camp in- S. 1231. An act to authorize appropriations H.R. 3025. An act to amend the Federal ternees are eligible for refugee status under for fiscal years 1998 and 1999 for the United charter for Group Hospitalization and Med- the Orderly Departure Program. States Fire Administration, and for other ical Services, Inc., and for other purposes. The message further announced that purposes. The message further announced that S. 1258. An act to amend the Uniform Relo- the House has passed the following bill, cation Assistance and Real Property Acqui- the House agrees to the amendments of with an amendment, in which it re- sition Policies Act of 1970 to prohibit an the Senate to the bill (H.R. 1658) to requests the concurrence of the Senate: alien who is not lawfully present in the authorize and amend the Atlantic S. 738. An act to reform the status relating United States from receiving assistance Striped Bass Conservation Act and re- to Amtrak, to authorize appropriations for under that Act. lated laws. Amtrak, and for other purposes. S. 1347. An act to permit the city of Cleve- The message also announced that the The message also announced that the land, Ohio, to convey certain lands that the House has passed the following bill, House agrees to the amendment of the United States conveyed to the city. with an amendment, in which it re- H.R. 1086. An act to codify without sub- Senate to the amendments of the stantive change laws related to transpor- quests the concurrence of the Senate: House to the bill (S. 562) to amend sec- tation and to improve the United States S. 731. An act to extend the legislative au- tion 255 of the National Housing Act to Code. thority for construction of the National prevent the funding of unnecessary or H.R. 1090. An act to amend title 38, United Peace Garden memorial, and for other pur- excessive costs for obtaining a home States Code, to allow revision of veterans poses. equity conversion mortgage, with an benefits decisions based on clear and The message further announced that amendment, in which it requests the unmistakeable error. the House agrees to the amendments of concurrence of the Senate. H.R. 1840. An act to provide a law enforce- the Senate numbered 1–60, 62, and 63 to ment exception to the prohibition on the ad- f the bill (H.R. 1604) to provide for the di- vertising of certain electronic devices. MEASURES REFERRED H.R. 2366. An act to transfer to the Sec- vision, use, and distribution of judg- retary of Agriculture the authority to con- ment funds of the Ottawa and Chip- The following bill, previously re- duct the census of agriculture, and for other pewa Indians of Michigan pursuant to ceived from the House of Representa- purposes. dockets numbered 18–E, 364, and 18–R tives for the concurrence of the Senate, H.R. 2813. An act to waive time limitations before the Indian Claims Commission; was read the first and second times by specified by law in order to allow the Medal and that the House disagrees to the unanimous consent and referred as in- of Honor to be awarded to Robert R. Ingram amendment of the Senate numbered 61 dicated: of Jacksonville, Florida, for acts of valor while a Navy Hospital Corpsman in the Re- to the said bill. H.R. 112. An act to provide for the conveyance of certain property from the United public of Vietnam during the Vietnam con- At 3:54 p.m., a message from the flict. States to Stanislaus County, California; to H.J. Res. 91. Joint resolution granting the House of Representatives, delivered by the Committee on Commerce, Science, and consent of Congress to the Apalachicola- Ms. Goetz, one of its reading clerks, an- Transportation. H.R. 404. An act to amend the Federal Chattahooche-Flint River Basin Compact. nounced that the House has agreed to Property and Administrative Services Act of H.J. Res. 92. Joint resolution granting the the following concurrent resolutions, 1949 to authorize the transfer to State and consent of Congress to the Alabama-Coosa- in which it requests the concurrence of local governments of certain surplus prop- Tallapoosa River Basin Compact. the Senate: erty needed for use for a law enforcement or The enrolled bills and joint resolu- H. Con. Res. 103. Concurrent resolution fire and rescue purpose; to the Committee on tion were signed subseqently by the concerning the situation in Kenya. Governmental Affairs.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12574 CONGRESSIONAL RECORD — SENATE November 13, 1997 H.R. 434. An act to provide for the convey- the Committee on Labor and Human Re- tals from the Concurrent Resolution for Fis- ance of small parcels of land in the Carson sources. cal Year 1998’’ (Rept. 105–155). National Forest and the Santa Fe National H.R. 2616. An act to amend titles VI and X By Mr. CAMPBELL, from the Committee Forest, New Mexico, to the village of El Rito of the Elementary and Secondary Education on Indian Affairs, with an amendment in the and the town of Jemez Springs, New Mexico; Act of 1965 to improve and expand charter nature of a substitute: to the Committee on Energy and Natural Re- schools; to the Committee on Labor and S. 569: A bill to amend the Indian child sources. Human Resources. Welfare Act of 1978, and for other purposes H.R. 764. An act to make technical correc- H.R. 2920. An act to amend the Illegal Im- (Rept. No. 105–156). tions to title 11, United States Code, and for migration Reform and Immigration Respon- By Mr. SPECTER, from the Committee on other purposes; to the Committee on the Ju- sibility Act of 1996 to modify the require- Veterans Affairs, without amendment: diciary. ments for implementation of an entry-exit S. 464: A bill to amend title 38, United H.R. 849. An act to prohibit an alien who is control system; to the Committee on the Ju- States Code, to allow revision of veterans not lawfully present in the United States diciary. benefits decisions based on clear and unmis- from receiving assistance under the Uniform The following measures were read takable error (Rept. No. 105–157). Relocation Assistance and Real Property Ac- and referred as indicated: S. 999: A bill to specify the frequency of quisition Policies Act of 1970; to the Com- screening mammograms provided to women mittee on Environment and Public Works. H. Con. Res. 130. Concurrent Resolution veterans by the Department of Veterans Af- H.R. 1129. An act to establish a program to concerning the situation in Kenya; to the fairs (Rept. No. 105–158). provide assistance for programs of credit and Committee on Foreign Relations. By Mr. HATCH, from the Committee on other assistance for microenterprises in de- H. Con. Res. 139. Concurrent Resolution ex- the Judiciary, without amendment: veloping countries, and other purposes; to pressing the sense of Congress that the S. 1172: A bill for the relief of Sylvester the Committee on Foreign Relations. United States Government should fully par- Flis. H.R. 1502. An act to designate the United ticipate in EXPO 2000 in the year 2000, in States Courthouse located at 301 West Main Hannover, Germany, and should encourage f Street in Benton, Illinois, as the ‘‘James L. the academic community and the private EXECUTIVE REPORTS OF Foreman United States Courthouse’’; to the sector in the United States to support this COMMITTEES Committee on Governmental Affairs. worthwhile undertaking; to the Committee H.R. 1534. An act to simplify and expedite on Foreign Relations. The following executive reports of access to the Federal courts for injured par- H. Con. Res. 172. Concurrent Resolution ex- committees were submitted: ties whose rights and privileges, security by pressing the sense of Congress in support of By Mr. THURMOND, from the Committee the United States Constitution, have been efforts to foster friendship and cooperation on Armed Services: deprived by final actions for Federal agen- between the United States and Mongolia, William J. Lynn, III, of the District of Co- cies, or other government officials or enti- and for other purposes; to the Committee on lumbia, to be Under Secretary of Defense ties acting under color of State law; to pre- Foreign Relations. (Comptroller). vent Federal courts from abstaining from ex- f ercising Federal jurisdiction in actions (The above nomination was reported where no State law is alleged; to permit cer- MEASURE READ THE FIRST TIME with the recommendation that he be tification of unsettled State law questions The following bill was read the first confirmed, subject to the nominee’s that are essential to resolving Federal time: commitment to respond to requests to claims arising under the Constitution; and to appear and testify before any duly con- H.R. 2709. An act to impose certain sanc- clarify when government action is suffi- stituted committee of the Senate.) ciently final to ripen certain Federal claims tions on foreign persons who transfer items arising under the Constitution; to the Com- contributing to Iran’s efforts to acquire, de- The following named officer for ap- mittee on the Judiciary. velop, or produce ballistic missiles, and to pointment in the United States Navy H.R. 1805. An act to amend the Auburn In- implement the obligations of the United to the grade indicated under title 10, dian Restoration Act to establish restric- States under the Chemical Weapons Conven- U.S.C., section 624: tions related to gaming on and use of land tion. To be rear admiral (lower half) held in trust for the United Auburn Indian f Community of the Auburn Rancheria of Cali- Capt. Henry G. Ulrich, III, 0000 fornia, and for other purposes; to the Com- ENROLLED BILLS PRESENTED (The above nomination was reported mittee on Indian Affairs. The Secretary of the State reported with the recommendation that he be H.R. 1839. An act to establish nationally that on November 13, 1997 he had pre- confirmed.) uniform requirements regarding the titling sented to the President of the United and registration of salvage, nonrepairable, By Mr. HATCH, from the Committee on and rebuilt vehicle; to the Committee on States, the following enrolled bills: the Judiciary: Commerce, Science, and Transportation. S. 699. An act to provide for the acquisition Barry G. Silverman, of Arizona, to be H.R. 2232. An act to provide for increased of the Plains Railroad Depot at the Jimmy United States Circuit Judge for the Ninth international broadcasting activities to Carter National Historic Site. Circuit. China; to the Committee on Foreign Rela- S. 714. An act to amend title 38, United Carlos R. Moreno, of California, to be tions. States Code, to revise, extend, and improve United States District Judge for the Central H.R. 2402. An act to make technical and programs for veterans. District of California. clarifying amendments to improve the man- S. 923. An act to amend title 38, United Richard W. Story, of Georgia, to be United agement of water-related facilities in the States Code, to prohibit interment or memo- States District Judge for the Northern Dis- Western United States; to the Committee on rialization in certain cemeteries of persons trict of Georgia. Energy and Natural Resources. committing Federal or State capital crimes. Christine O.C. Miller, of the District of Co- H.R. 2440. An act to make technical amend- S. 1231. An act to authorize appropriations lumbia, to be a Judge of the United States ments to section 10 of title 9, United States for fiscal years 1998 and 1999 for the United Court of Federal Claims for a term of fifteen Code; to the Committee on the Judiciary. States Fire Administration, and for other years. (Reappointment) H.R. 2464. An act to amend the Immigra- purposes. Robert S. Warshaw, of New York, to be As- tion and Nationality Act to exempt inter- S. 1258. An act to amend the Uniform Relo- sociate Director for National Drug Control nationally adopted children 10 years of age cation Assistance and Real Property Acqui- Policy. or younger from the immunization require- sition Policies Act of 1970 to prohibit an (The above nominations were re- ment in section 212(a)(1)(A)(ii) of such Act; alien who is not lawfully present in the ported with the recommendation that to the Committee on the Judiciary. United States from receiving assistance they be confirmed.) H.R. 2534. An act to reform, extend, and re- under that Act. peal certain agricultural research, extension, S. 1347. An act to permit the city of Cleve- f and education programs, and for other pur- land, Ohio, to convey certain lands that the INTRODUCTION OF BILLS AND poses; to the Committee on Agriculture, Nu- United States conveyed to the city. trition, and Forestry. JOINT RESOLUTIONS f H.R. 3037. An act to clarify that unmarried The following bills and joint resolu- children of Vietnamese reeducation camp in- REPORTS OF COMMITTEE tions were introduced, read the first ternees are eligible for refugee status under the Orderly Departure Program; to the Com- The following reports of committee and second time by unanimous con- mittee on Foreign Relations. were submitted: sent, and referred as indicated: H.R. 2535. An act to amend the Higher Edu- By Mr. STEVENS, from the Committee on By Mr. BURNS: cation Act of 1965 to allow the consolidation Appropriations: S. 1526. A bill to authorize an exchange of of student loans under the Federal Family Special Report entitled ‘‘Further Revised land between the Secretary of Agriculture Loan Program and Direct Loan Progam; to Allocation To Subcommittees of Budget To- and Secretary of the Interior and the Big

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12575 Sky Lumber Company; to the Committee on osteoporosis and other related bone diseases; By Mr. CAMPBELL: Energy and Natural Resources. to the Committee on Labor and Human Re- S. 1552. A bill to provide for the convey- By Mr. REID: sources. ance of an unused Air Force housing facility S. 1527. A bill to encourage and to assist in By Mr. CHAFEE: in La Junta, Colorado, to the City of La the permanent settlement of all litigation S. 1537. A bill to suspend until December Junta; to the Committee on Armed Services. and other claims to the waters of the Walker 31, 2002, the duty on Benzoic acid, 2-{{1-{{ By Mr. D’AMATO (for himself and Mr. River Basin and to conserve and stabilize the (2,3-dihydro-2-oxo-1H-benzimidozal-5-yl) MOYNIHAN): water quantity and quality for fish habitat amino}; to the Committee on Finance. S. 1553. A bill to amend the Marine Protec- and recreation in the Walker River Basin, By Mr. SANTORUM: tion, Research, and Santuaries Act of 1972 consistent with the Walker River Decree S. 1538. A bill to amend the Honey Re- with respect to the dumping of dredged ma- issued by the United States District Court search, Promotion, and Consumer Informa- terial in Long Island Sound, and for other for the District of Nevada; to the Committee tion Act to improve the honey research, pro- purposes; to the Committee on Environment on Energy and Natural Resources. motion, and consumer information program, and Public Works. By Mr. ROBB: and for other purposes; to the Committee on By Mr. HATCH (for himself and Mr. S. 1528. A bill to amend chapters 83 and 84 Agriculture, Nutrition, and Forestry. LIEBERMAN): of title 5, United States Code, to provide for By Mr. CHAFEE: S. 1554. A bill to provide for relief from ex- the equitable waiver of certain limitations S. 1539. A bill to suspend until December cessive punitive damage awards in cases in- on the election of survivor reductions of Fed- 31, 2002, the duty on N-{4- volving primarily financial loss by estab- (Aminocarbonyl)phenyl}4-{{(2,3-dihydro-2- eral annuities, and for other purposes; to the lishing rules for proportionality between the oxo-1H-benzimidazol-5-yl)amino) carbonyl}- Committee on Governmental Affairs. amount of punitive damages and the amount 2-oxopropyl}azo}benzamide; to the Com- By Mr. KENNEDY (for himself, Mr. of economic loss; to the Committee on the mittee on Finance. SPECTER, Mr. WYDEN, Mrs. FEINSTEIN, S. 1540. A bill to suspend until December Judiciary. and Mr. TORRICELLI): 21, 2002, the duty on Butanamide, N-(2,3- By Mr. FAIRCLOTH: S. 1529. A bill to enhance Federal enforce- dihydro-2-oxo-1H-benzimidazol-5-yl)-3-oxo-2- S. 1555. A bill to amend the Internal Rev- ment of hate crimes, and for other purposes; {{-(trifluoro-methyl)phenyl}azo}-; to the enue Code of 1986 to restructure and reform to the Committee on the Judiciary. Committee on Finance. the Internal Revenue Service, and for other By Mr. HATCH: S. 1541. A bill to suspend until December purposes; to the Committee on Finance. S. 1530. A bill to resolve ongoing tobacco 31, 2002, the duty on 1,4 - By Mr. LEAHY: litigation, to reform the civil justice system Benzenedicarboxylic acid, 2 - {{1 - {{(2,3-di- S. 1556. A bill to improve child nutrition responsible for adjudicating tort claims hydro - 2-oxo-1H-benzimidazol-5 - yl)amino programs, and for other purposes; to the against companies that manufacture tobacco carbonyl}-2-oxopropyl}azo}-,dimethyl ester; Committee on Agriculture, Nutrition, and products, and establish a national tobacco to the Committee on Finance. Forestry. policy for the United States that will de- S. 1542. A bill to suspend until December By Mr. TORRICELLI (for himself, Mr. crease youth tobacco use and reduce the 31, 2002, the duty on Butanamide, 2,2 ′-{1-2,- AKAKA, Mr. KERRY, and Mrs. FEIN- marketing of tobacco products to young ethanediylbis(oxy - 2,1-phenyleneazo) }bis{N- STEIN): Americans; read the first time. (2,3 - dihydro-2-oxo-1H-benzimidazol-5-yl)-3- S. 1557. A bill to end the use of steel jaw By Ms. SNOWE: oxo-; to the Committee on Finance. leghold traps on animals in the United S. 1531. A bill to deauthorize certain por- S. 1543. A bill to suspend until December States; to the Committee on Environment tions of the project for navigation, Bass Har- 31, 2002, the duty on Benzenesulfonic acid, 4- and Public Works. bor, Maine; to the Committee on Environ- chloro-2-{{5-hydroxy-3-methyl-1-(3 - By Mr. D’AMATO: ment and Public Works. sulfophenyl) - 1H-pyrazol-4-yl}az0}-5-methyl- S. 1558. A bill to amend the Harmonized S. 1532. A bill to amend the Water Re- .calcium salt (1:1); to the Committee on Fi- Tariff Schedule of the United States with resources Development Act of 1996 to deauthor- nance. spect to shadow mask steel; to the Com- ize the remainder of the project at East S. 1544. A bill to suspend until December mittee on Finance. Boothbay Harbor, Maine; to the Committee 31, 2002, the duty on 4 - {{5- {{{4- By Mr. MACK (for himself and Mr. on Environment and Public Works. (Aminocarbonyl)phenyl} amino}carbonyl} -2- GRAHAM): By Mr. BREAUX (for himself and Mr. methoxyphenyl}azo} - N - (5- chloro-2, 4- S. 1559. A bill to provide for the design, COCHRAN): dimethozyphenyl) - 3-hydroxynaphthalene-2- construction, furnishing, and equipping of a S. 1533. A bill to amend the Migratory Bird carboxamide; to the Committee on Finance. Center for Historically Black Heritage with- Treaty Act to clarify restrictions under that S. 1545. A bill to suspend until December in Florida A&M University; considered and Act of baiting, and for other purposes; to the 31, 2002, the duty on Benzenesulfonic acid,4 - passed. Committee on Environment and Public {{3-{{2-hydroxy - 3 - {{4 - By Mr. FAIRCLOTH: Works. methoxyphenyl)amino}carbonyl} - 1 - naph- S. 1560. A bill to require the Federal bank- By Mr. TORRICELLI: tha-lenyl}azo}-4- methylbenzoyl}amino} -, ing agencies to make certain certifications S. 1534. A bill to amend the Higher Edu- calcium salt (2:1); to the Committee on Fi- to Congress regarding new accounting stand- cation Act of 1965 to delay the commence- nance. ards for derivatives before they become ef- ment of the student loan repayment period S. 1546. A bill to suspend until December ′ ′ fective; to the Committee on Banking, Hous- for certain students called to active duty in 31, 2002, the duty on Butanamide, 2,2 - {3,3 - ing, and Urban Affairs. dichloro{1,1′ - biphenyl}-4,4′ - the Armed Forces; to the Committee on By Mr. WARNER: Labor and Human Resources. diyl)bis(azo)}bis{N - (2,3-dihydro - 2-oxo-1H- S. 1561. A bill to reform the conduct of Fed- By Mr. SANTORUM (for himself, Mr. benzimidazol-5yl)-3-oxo; to the Committee eral elections; to the Committee on Rules on Finance. LAUTENBERG, Mr. DEWINE, Mr. and Administration. S. 1547. A bill to suspend until December CHAFEE, Mr. COATS, Mr. GREGG, Mr. By Mr. BAUCUS: 31, 2002, the duty on Butanamide, N,N′- FEINGOLD, and Mr. SPECTER): S. 1562. A bill to authorize an exchange of (3,3′dimethyl{1,1′-byphenyl}-4,4′-diyl)bis{2,4- S. 1535. A bill to provide marketing quotas land between the Secretary of Agriculture dichlorophenyl) azo}-3-oxo-; to the Com- and a market transition program for the 1997 and Secretary of the Interior and Big Sky mittee on Finance. through 2001 crops of quota and additional S. 1548. A bill to suspend until December Lumber Co; to the Committee on Energy and peanuts, to terminate marketing quotas for 31, 2002, the duty on N-(2,3- Dihydro-2-oxo-1H- Natural Resources. the 2002 and subsequent crops of peanuts, and benzimidazol-5-yl)-5-methyl-4- By Mr. SMITH of Oregon (for himself, to make nonrecourse loans available to pea- {(methylamino) sulphonyl} Mr. CRAIG, Mr. GORTON, Mr. ROBERTS, nut producers for the 2002 and subsequent phenyl}azo}naphthalene-2-carboxaminde; to and Mr. GRAMS): crops of peanuts, and for other purposes; to the Committee on Finance. S. 1563. A bill to amend the Immigration the Committee on Agriculture, Nutrition, S. 1549. A bill to suspend until December and Nationality Act to establish a 24-month and Forestry. 31, 2002, the duty on Benzoic acid, 2-{{3-{{(2,3- pilot program permitting certain aliens to be By Mr. TORRICELLI (for himself and dihydro-2-oxo-1H-1H-benzimidazol-5-yl) admitted into the United States to provide Ms. SNOWE): amino}carbonyl}-2-hydroxyl-1- temporary or seasonal agricultural services S. 1536. A bill to amend the Public Health naphthalenyl}azo}-, butyl ester; to the Com- pursuant to a labor condition attestation; to Service Act and Employee Retirement In- mittee on Finance. the Committee on the Judiciary. come Security Act of 1974 to require that S. 1550. A bill to suspend until December By Mr. D’AMATO: group and individual health insurance cov- 31, 2002, the duty on Benzoic acid, 4-{{(2,5- S. 1564. A bill to provide redress for inad- erage and group health plans provide cov- dichlorophenyl)amino}carbonyl}-2-{{2-hy- equate restitution of assets siezed by the erage for qualified individuals for bone mass droxy - 3-{{(2 - methoxyphenyl) United States Government during World War measurement (bone density testing) to pre- amino}carbonyl}-1-naphthalenyl}-,methyl II which belonged to victims of the Holo- vent fractures associated with osteoporosis ester; to the Committee on Finance. caust, and for other purposes; considered and and to help women make informed choices By Mr. TORRICELLI: passed. about their reproductive and post-meno- S. 1551. A bill for the relief of Kerantha By Mr. ABRAHAM: pausal health care, and to otherwise provide Poole-Christian; to the Committee on the S. 1565. A bill to make technical correc- for research and information concerning Judiciary. tions to the Nicaraguan Adjustment and

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12576 CONGRESSIONAL RECORD — SENATE November 13, 1997 Central American Relief Act; considered and By Mr. D’AMATO: historic White House Conference on passed. S. Con. Res. 70. A concurrent resolution to Hate Crimes. This conference brought By Mr. THURMOND: correct a technical error in the enrollment of together community leaders, law en- S. 1566. A bill to amend the Soldiers’ and the bill S. 1026; considered and agreed to. Sailors’ Civil Relief Act of 1940 to protect the forcement officials, religious and aca- f voting rights of military personnel, and for demic leaders, parents, and victims for other purposes; considered and passed. STATEMENTS ON INTRODUCED a national dialogue on how to reduce By Mr. BREAUX: BILLS AND JOINT RESOLUTIONS hate violence in our society. S. 1567. A bill to suspend until January 1, I commend President Clinton for his By Mr. BURNS: 2001, the duty on 2,6- Dimethyl-m-Dioxan-4- leadership on this important issue. Few S. 1526. A bill to authorize an ex- ol Acetate; to the Committee on Finance. crimes tear at the fabric of society By Mr. BIDEN: change of land between the Secretary more than hate crimes. They injure the S. 1568. A bill to provide for the resched- of Agriculture and Secretary of the In- immediate victims, but they also in- uling of flunitrazepam into schedule I of the terior and the Big Sky Lumber Co.; to jure the entire community—and some- Controlled Substances Act, and for other the Committee on Energy and Natural purposes; to the Committee on the Judici- times the entire nation. So it is en- Resources. ary. tirely appropriate to use the full power By Mr. LOTT: THE GALLATIN LAND CONSOLIDATION ACT OF 1997 of the federal government to punish S.J. Res. 39. A joint resolution to provide Mr. BURNS. Madam President, I am for the convening of the second session of the them. introducing draft legislation to com- This bill is the product of careful One Hundred Fifth Congress; considered and plete the third phase of the Gallatin passed. consultation with the Department of Land Consolidation Act. As Congress f Justice, constitutional scholars, law winds down to the final hours of this enforcement officials, and many orga- SUBMISSION OF CONCURRENT AND session it has become increasingly im- nizations with a long and distinguished SENATE RESOLUTIONS portant to show Montanans that we are history of involvement in combating The following concurrent resolutions committed to completing this act. hate crimes, including the Anti-Defa- and Senate resolutions were read, and In Montana there are many folks who mation League, the National Organiza- referred (or acted upon), as indicated: have small problems with the details of tion of Women Legal Defense Fund, the By Mr. LOTT: the proposed agreement between Big Human Rights Campaign, the National S. Res. 156. A resolution authorizing the Sky Lumber and the U.S. Forest Serv- Coalition Against Domestic Violence, President of the Senate, the President of the ice. Also at stake are the exceptional and the American Psychological Asso- Senate pro tempore, and the Majority and natural resources of the Taylors Fork ciation. President Clinton strongly Minority Leaders to make certain appoint- lands. These lands are privately owned ments after the sine die adjournment of the supports the bill, and we look forward and face an uncertain future. By show- to working closely with the adminis- present session; considered and agreed to. ing the private landowners that Con- By Mr. LOTT (for himself and Mr. tration to ensure its passage. DASCHLE): gress is, in fact, committed to com- Hate crimes are on the rise through- S. Res. 157. A resolution tendering the pleting this exchange, the environ- out America. The Federal Bureau of In- thanks of the Senate to the Vice President mental value of Taylors Fork will be vestigation documented 8,000 hate for the courteous, dignified, and impartial preserved. crimes in 1995, a 33-percent increase manner in which he has presided over the de- Taylors Fork is a migration corridor over 1994. The 8,000 documented hate liberations of the Senate; considered and for wildlife which leave Yellowstone agreed to. crimes actually understate the true S. Res. 158. A resolution tendering the National Park for winter range in Mon- number of hate crimes, because report- thanks of the Senate to the President pro tana. With legislation I am committed ing is voluntary and not all law en- tempore for the courteous, dignified, and im- to preserving Taylors Fork as close to forcement agencies report such crimes. partial manner in which he has presided over a natural state as possible. The National Asian Pacific American the deliberations of the Senate; considered I am confident that by working to- Legal Consortium recently released its and agreed to. gether, the Montana congressional del- 1997 Audit of anti-Asian violence. Their By Mr. LOTT: egation will be able to resolve the out- report documented a 17-percent in- S. Res. 159. A resolution to commend the standing land use issues in the Bridger- exemplary leadership of the Democratic crease in hate crimes against Asian- Leader; considered and agreed to. Bangtail area. I also believe we can re- Americans. The National Gay and Les- By Mr. DASCHLE: solve the concerns of the timber small bian Task Force documented a 6-per- S. Res. 160. A resolution to commend the business set-aside. cent increase in hate violence against exemplary leadership of the Majority Lead- This bill is a placeholder. There are gay, lesbian, and bisexual citizens in er; considered and agreed to. many details that need to be included. 1996. Eighty-two percent of hate crimes By Mr. LOTT: The deadline for ensuring the Taylors S. Res. 161. A resolution to amend Senate based on religion in 1995 were anti-Se- Resolution 48; considered and agreed to. Fork lands remain included in the mitic. By Mr. LOTT (for himself and Mr. agreement is December 31 of this year. Gender motivated violence occurs at DASCHLE): My intent with this bill is to satisfy alarming rates. The Leadership Con- S. Res. 162. A resolution to authorize testi- the deadline to preserve our option on ference on Civil Rights recently issued mony and representation of Senate employ- Taylors Fork and to provide a forum a report on hate crimes which cor- ees in United States v. Blackley; considered for Montanans to begin to comment on rectly noted that ‘‘society is beginning and agreed to. the details of the package. I look for- By Mr. MOYNIHAN (for himself, Mr. to realize that many assaults against ward to moving ahead with Senator D’AMATO, Mr. WELLSTONE, Mr. LEVIN, women are not ‘random’ acts of vio- Mr. DODD, Mr. TORRICELLI, Mr. REED, BAUCUS and Congressman HILL and lence but are actually bias-related Mr. DURBIN, Ms. MIKULSKI, and Mr. completing the original act of 1993 in crimes.’’ KENNEDY): the next session of Congress. The rising incidence of hate crimes is S. Res. 163. A resolution expressing the simply intolerable. Yet, our current sense of the Senate on the 100th anniversary By Mr. KENNEDY (for himself, Federal laws are inadequate to deal of the birth of Dorothy Day and designating Mr. SPECTER, Mr. WYDEN, Mrs. with this violent bigotry. The Justice the week of November 8, 1997, through No- FEINSTEIN, and Mr. TORRICELLI): Department is forced to fight the bat- vember 14, 1997, as ‘‘National Week of Rec- S. 1529. A bill to enhance Federal en- ognition for Dorothy Day and Those Whom tle against hate crimes with one hand She Served’’; considered and agreed to. forcement of hate crimes, and for other tied behind its back. By Mr. LOTT: purposes; to the Committee on the Ju- There are two principal gaps in exist- S. Con. Res. 68. A concurrent resolution to diciary. ing law that prevent federal prosecu- adjourn sine die the first session of the One THE HATE CRIMES PREVENTION ACT OF 1998 tors from adequately responding to Hundred Fifth Congress; considered and Mr. KENNEDY. Mr. President, it is a hate crimes. First, the principal fed- agreed to. privilege to join Senator SPECTER and eral hate crimes law, 18 United States By Mr. JEFFORDS: S. Con. Res. 69. A concurrent resolution to Senator WYDEN in introducing the Hate Code 245, contains anachronistic and correct the enrollment of the bill S. 830; con- Crimes Prevention Act of 1998. Last onerous jurisdictional requirements sidered and agreed to. Monday, President Clinton convened a that frequently make it impossible for

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12577 federal officials to prosecute flagrant This bipartisan bill is based on a rette, and 3,000 of them will continue acts of racial or religious violence. Sec- common conviction that this country to smoke. One-thousand of them will ond, federal hate crimes law do not still has work to do in rooting out ha- die from smoking. cover gay bashing, gender-motivated tred, prejudice and the violence they At the Judiciary Committee’s Octo- violence, or hate crimes against the generate. Hate crimes—the threat or ber 29 hearing, Dr. Frank Chaloupa, a disabled. use of force to injure, intimidate or renowned researcher who has spent the Our bill closes these gaps in existing interfere with another person solely be- last decade studying the effect of law, and gives prosecutors the tools cause of the person’s race, color, reli- prices and policies on tobacco use, told they need to fight bigots who seek to gion or national origin—cannot be tol- us that ‘‘there is an alarming upward divide the nation through violence. Our erated in our society. That point has trend in youth cigarette smoking over bill expands the federal government’s already been enshrined in law and pas- the past several years. Between 1993 ability to punish racial violence by re- sage of the Hate Crimes Statistics Re- and 1996, for example, the number of moving the unnecessary jurisdictional porting Act in 1990, followed by the high school seniors who smoke grew by requirements from existing law. In ad- Hate Crimes Penalty Enhancement Act 14%, the number of 10th grade smokers dition, the bill gives federal prosecu- in 1993 and the 1996 resolution con- rose by 23%, and the number of eighth tors new authority to prosecute vio- demning church burnings. grade smokers increased 26%.’’ lence against women, against the dis- Our bill simply seeks to offer the During the time between the abled, and against gays and lesbians. same protection to victims of gay bash- issuance of the first Surgeon General’s The bill also provides additional re- ing, woman beating and crimes against report in 1964 and 1990, the number of sources to hire the necessary law en- people with disabilities that has al- forcement personnel to assist in the in- kids smoking was on the decline. Un- ready been offered to victims of bias fortunately, at that time, the number vestigation and prosecution of hate crimes based on racial and ethnic dis- crimes. The bill also provides addi- of children who try tobacco products crimination. started to rise. tional resources for programs specifi- Today, the perpetrator who hurls a Nearly all first use of tobacco occurs cally targeted at preventing hate brick at someone because he is Asian- before high school graduation, which crimes. American can be prosecuted under Fed- suggests to me that if that first use Finally, the bill addresses the grow- eral law. The one who attacks gay men ing problem of adults who recruit juve- to ‘‘teach them a lesson’’ cannot. The can be prevented, perhaps we can wean niles to committee hate crimes. In perpetrator who burns a black church future generations off these harmful Montgomery County, Tennessee, a or defaces a synagogue can be pros- tobacco products. white supremacist founded a hate ecuted under Federal law. The one who We also know that adolescents with group known as the ‘‘Aryan Faction,’’ targets people in wheelchairs or blind lower levels of school achievement, and recruited new members by going people cannot. This legislation would those with friends who use tobacco, into local high schools. The group then erase that double standard from the and children with lower self-images are embarded on a violent spree of books. Hate crimes are all the same, more likely to use tobacco. Experts firebombings and arsons before being and they are never acceptable. have found no proven correlation be- apprehended. Hate crimes dispropor- I urge my colleagues to join us in tween socio-economic status and smok- tionately involve juveniles, and the bill moving forward with this important ing. directs the Sentencing Commission to legislation when we return here next An element that is compelling to me study this problem and determine ap- year. as Chairman of the Judiciary Com- propriate additional sentencing en- mittee is the fact that tobacco use is hancements for adults who recruit ju- By Mr. HATCH: associated with alcohol and illicit drug veniles to commit hate crimes. S. 1530. A bill to resolve ongoing to- use and is generally the first substance The structure of this bill is modeled bacco litigation, to reform the civil used by young people who enter a se- after the Church Arson Prevention Act, justice system responsible for adjudi- quence of drug use. the bipartisan bill enacted by the Sen- cating tort claims against companies Public health experts have found a ate unanimously last year in response that manufacture tobacco products, number of factors associated with to the epidemic of church arson crimes. and establish a national tobacco policy youth smoking. Among them are: the Combating hate crimes has always for the United States that will decrease availability of cigarettes; the wide- been a bipartisan issue in the Senate. youth tobacco use and reduce the mar- spread perception that tobacco use is The Hate Crimes Statistics Act has keting of tobacco products to young the norm; peer and sibling attitudes; overwhelming bipartisan support, and Americans; read the first time. and lack of parental support. it was extended last year by a unani- THE PLACING RESTRAINTS ON TOBACCO’S Unfortunately, what many young mous vote. The Hate Crimes Sen- ENDANGERMENT OF CHILDREN AND TEENS ACT people fail to appreciate is that ciga- tencing Enhancement Act was enacted Mr. HATCH. Mr. President, perhaps rette smoking at an early age causes in 1994 by a 92–4 vote in the Senate. the most important legacy this Con- significant health problems during The bill we are introducing today is gress can leave for future generations childhood and adolescence, and in- is implementation of a strong plan to the next step in our bipartisan effort to creased risk factors for adult health curb tobacco use, and especially its use combat hate violence. This bill is an problems as well. essential part of the battle against big- by children and teens. Quite simply, something needs to be Smoking reduces the rate of lung otry, and I urge the Senate to give high growth and maximum lung func- priority when Congress returns to ses- done to get tobacco out of the hands of children—or perhaps more accurately, tioning. Young smokers are less likely sion in January. to be fit. In fact, the more and the Mr. WYDEN. Mr. President, I am out of the lungs and mouths of chil- longer they smoke, the less healthy pleased to join my colleagues, Senators dren. they are. Adolescent smokers are more KENNEDY and SPECTER, in introducing a TEENS AND TOBACCO USE likely to have overall diminished bill that will make it clear that this The numbers of children who smoke health, not to mention shortness of country will no more tolerate violence cigarettes and use other tobacco prod- breath, coughing and wheezing. directed at gays, women, or people ucts such as snuff and chewing tobacco with disabilities. This legislation will are truly alarming. And these numbers THE HEALTH EFFECTS OF SMOKING end the bizarre double standard which are on the rise. We all know that tobacco is says that hate crimes motivated by one According to the Centers for Disease unhealthy. Just how unhealthy is hard sort of prejudice are a Federal crime, Control and Prevention, most youths to imagine. while those motivated by other biases who take up tobacco products begin be- According to a 1988 Surgeon Gen- are not. It will assure that every Amer- tween the ages of 13 and 15. It is as- eral’s report, the nicotine in tobacco is ican who becomes a victim of a hate tounding that up to 70% of children as addictive as heroin or cocaine. crime has equal standing under Federal have tried smoking by age 16. Cigarette smoking is the leading law, because hatred and violence are Again according to the CDC, nearly cause of premature death and disease always wrong. 6,000 kids a day try their first ciga- in the United States.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12578 CONGRESSIONAL RECORD — SENATE November 13, 1997 Each year, smoking kills more Amer- as only about a third of adults smoke Committee in favor of the proposed icans than alcohol, heroin, crack, auto- those brands. settlement and has presented a very mobile and airplane accidents, homi- We also know that children are three compelling story. cides, suicides, and AIDS—combined. times more affected by advertising ex- Quite simply, Mrs. Castano related to Cigarettes also have a huge impact on penditures than adults (in terms of us that her goal is to raise the public fire fatalities in the United States. In brand preference). Research is unclear awareness about the power of nicotine. 1992, cigarettes were responsible for al- on the effect of advertising in terms of She told the Committee she believes most 23% of all residential fires, result- getting kids to start smoking. Movies, that if the proposed agreement’s health ing in over 1,000 deaths and over 3,200 TV and peer pressure seem to be key provisions were enacted, it would have injuries. factors, but kids deny that. prevented her husband’s death. Peter And, Mr. President, too many Ameri- These facts lead me to conclude that Castano began smoking at 14, at- cans smoke. it is in the national interest for us to tempted to quit numerous times, and According to the CDC, one-quarter of undertake a campaign which will dis- died of lung cancer at the age of 47 the adult population—almost 50 mil- courage the advertising of tobacco after smoking 33 years. lion persons—regularly smoke ciga- products to children and youth. In so Mrs. Castano’s legal team organized rettes. doing, however, we must be mindful of 64 law firms with individual pending In my home state of Utah, there are the Constitution’s First Amendment cases and combined them into a large 30,000 youth smokers, grades 7–12, and freedom of speech protections. class eventually representing 60% of 163,000 adult smokers. The Utah De- In fact, we also need to take advan- smokers, and this large class was had a partment of Health has found that over tage of the power that media hold over place at the negotiation table. 90% of current adult Utah smokers youth, and undertake counter-adver- Many of us watched the progress of began smoking before age 18; 60% start- tising on tobacco products. Public those negotiations as we would watch a ed before age 16. And I would note that health experts advise me that there is cliff-hanger sports event. We wanted a it is note legal to smoke in Utah until good evidence that counter-advertising victory, but we couldn’t believe our age 19. has a measurable and positive effect on team could come from behind and win. And, so, it has been established that teen smoking. However, the U.S. has On June 20, those Attorneys General, tobacco products are harmful, that never had a national counter-adver- led by Mississippi General Mike Moore, children continue to use them despite tising campaign. who had brought the first suit, made a that fact, and that cigarettes can pro- Restrictions on youth access are also dramatic announcement that a settle- vide the gateway through which our an important part of the no-teen-smok- ment had been reached. Six days later, youth pass to even more harmful being equation. While there is not a solid the Senate Judiciary Committee held haviors such as illicit drugs. body of knowledge on this issue, it is the first of the 16 congressional hear- CURBING TOBACCO USE important to note that Florida has an ings that have been held thus far, dur- How can we reverse these trends? aggressive policy on enforcement of ing which we heard testimony from the Many in the Congress have heeded the laws against youth smoking, and they tobacco industry, the State Attorneys public health community’s advice that now have a success rate of 10% for General, and the public health commu- increases in the price of tobacco prod- youths who try to buy tobacco prod- nity. ucts are the most important way that ucts illegally vs. a 50% national aver- The settlement, which was ratified youth tobacco use can be curbed. age. by the five major tobacco companies According to testimony that Dr. An equally important factor is the and which must have many of its provi- Chaloupa presented to us, for each 10% influence of the family in developing sions approved by Congress through increase in price, there is cor- an atmosphere in which kids don’t implementing legislation, offers our responding overall reduction in youth want to smoke. That is something we Nation a once-in-a-generation oppor- cigarette consumption of about 13%. will never be able to legislate, any tunity to reduce teen smoking and to For adult smoking, Dr. Chaloupa has more than we can legislate against undertake a major anti-tobacco, anti- found, a 10% price increase only cor- teen pregnancy. However, we can help addiction initiative never before responds to a 4% decrease in smoking. families develop the skills and have the thought possible. As Dr. Chaloupa relates, there are information they need to create as fa- At this point, it would be useful to several factors which cause teenagers vorable a no-tobacco climate as pos- give a brief summary of the proposal to be more responsive to cigarette sible in the home. which has been submitted to the Con- prices, including: their lack of dispos- For example, we know that the more gress. able income; the effect of peer pres- directed information kids receive, the As proposed by the 40 State Attor- sure; the tendency of youth to deny the less likely they are to smoke. We also neys General on June 20, 1997, this future; and the addictive nature of to- know that kids are very attuned to global tobacco settlement would re- bacco products. hypocritical messages. For example, if quire participating tobacco companies The important thing about a price in- a school has a no-smoking policy, but to pay $368.5 billion (not including at- crease is not that it keep smokers from the teachers smoke, that can have a torneys’ fees) over a 25-year period, the buying cigarettes, it is that it can help very detrimental effect. major of which will go to fund a major keep people from starting to smoke. If WORK BY THE STATE ATTORNEYS GENERAL new national anti-tobacco initiative. we can keep a teen from smoking, we Against that backdrop, a very coura- Part of the money would also be used may very well be keeping an adult geous cadre of State Attorneys General to establish an industry fund that from smoking. The important thing to began filing suits against the tobacco would be used to pay damage claims keep in mind is that There is an expo- industry. Most of these suits, but not and treatment and health costs to nential increase in risk based on when all, were based on the fact that the smokers. you start smoking. The earlier you States’ Medicaid costs were rising dra- During negotiations on the June 20 start, the worse it is for your health. matically because of the costs of treat- proposal, parties agreed there would be Kids who smoke start out smoking ing unhealthy smokers. significant new restrictions on tobacco less and then build up. After a few Subsequent to those suits, negotia- advertising. It would be banned out- years, they are pack a day smokers. tions began with the tobacco industry, right on billboards, in store promotions The national average for smokers is 19 the AGs, a representative from the and displays, and over the Internet. cigarettes a day, one fewer than a public health community, and the liti- Use of the human images, such as the pack. gants from a large class-action tobacco Marlboro Man, and cartoon characters, Much has been debated about the ef- suit, the Castano suit. such as Joe Camel, would be prohib- fect of advertising on teen smoking. As some of my colleagues may be ited. The tobacco companies would also The plain fact is that kids prefer to aware, Mrs. Castano is the lead plain- be banned from sponsoring sports smoke the most advertised brands. One tiff in the first class action lawsuit events or selling or distributing cloth- study indicates that 85% of kids smoke filed against the tobacco company in ing that bears the corporate logo or the top three advertised brands, where- March 1994. She has testified before our trademark. The sale of cigarettes from

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12579 vending machines would be banned, But as important as the legal issues achieve the goal of a smoke-free society. and self service displays would be re- are, we must never lose sight of the However, it is very clear from the past 30 stricted. Cigarette and other tobacco fact that this proposed settlement years that such a goal will not be achieved packages must carry strong warning must be a public health document, a unless there is federal leadership and a com- labels concerning the ill effects of ciga- mitment to change that has as its goal the public health statement, a commit- health and welfare of the American public. rettes (such as, its use causes cancer) ment on the part of our country. that cover 25% of the packages. The to- At our third hearing, the Committee And now the question before this bacco companies would have to pay for heard additional testimony from public body is whether we are willing to accel- the anti-tobacco advertising cam- health experts about the proposed set- erate our efforts and rise up to the paigns. tlement. challenge offered us by the Surgeons Parties to the agreement would con- I recall with great clarity a very General. sent to the FDA’s jurisdiction over nic- vivid statement made by Dr. Lonnie If ever there were to be such a time, otine. The FDA would have the author- Bristow, the immediate past president it is now. ity to reduce nicotine levels over time. of the American Medical Association I believe that the June 20 proposal of- The FDA, however, could not eliminate and the only physician to participate fers us the solid basis for such a na- nicotine from cigarettes before 2009. in the global settlement discussions, tional initiative. Furthermore, as part of the settle- who said this settlement has the poten- I think it behooves the Congress to ment, tobacco companies would have tial to produce greater public health seize upon that initiative, to improve to demonstrate a 30 percent decline of benefits than the polio vaccine. it where we can without jeopardizing aggregate cigarette and smokeless to- In apprising the Committee about any of its basic components, and to bacco use by minors within 5 years, a the enormous potential of the public pass legislation immediately upon our 50 percent reduction within 7 years, health provisions contained in the set- return in January. and a 60 percent reduction within 10 tlement, Dr. Bristow recommended That task will not be easy. Since the years. If not successful, penalties may that our public health agenda with re- settlement has provisions that span be assessed against the tobacco compa- spect to smoking be guided by three ul- the jurisdiction of more than half the nies up to $2 billion a year. timate objectives: First, significantly Senate committees, it will be a monu- In return, future class-action law- reducing the number of children who mental procedural undertaking. suits involving tobacco company liabil- start smoking, second, reducing the Nevertheless, after my considerable ity would be banned. This would settle number of existing smokers who will study of this issue, I have concluded it suits brought by 40 States and Puerto die from their addiction; and third, is in the national interest for us to ap- Rico seeking to recover Medicaid funds making the industry pay for the dam- prove the settlement, and I intend to spent treating smokers. Also settled age it has done. do everything I can to move us toward would be one State class action against Dr. Bristow also addressed the funda- the public health goals it offers. industry and 16 others seeking certifi- mental question of who will benefit INTRODUCTION OF THE PROTECT ACT cation. Current class actions, therefrom the proposed settlement, relating Accordingly, I am today introducing fore, would be settled, unless they are that the American Cancer Society has legislation I have drafted as a discus- reduced to final judgment prior to the estimated one million children will be sion vehicle and which I hope will en- enactment of legislation implementing gender the public debate we need on all the agreement. Claimants who opt out saved from premature death if certain the fine points of this massive issue so of existing class actions would be per- key provision of the settlement are im- that we are ready to move legislation mitted to sue for compensatory dam- plemented. These include enforcement upon our return. ages individually, but the total annual of proof-of-age laws, requiring point-of- I expect this bill to be a ‘‘lightening award would be capped at $5 billion. purchase sales, mandatory licensing of rod,’’ a draft work product which can These amounts would be paid from the retailers, dramatic restrictions on ad- be refined over the next 2 months. industry fund. In return for a payment vertising, and stronger warning labels. The proposed global tobacco settle- (to be used as part of the industry And so, it appears to me that the element is incredibly complex. Drafting fund), punitive damage awards would ments are there for development of a this legislation has required 101 deci- be banned. Nevertheless, claimants new national tobacco policy which will could seek punitive damages for con- make unprecedented gains in public sions, many of them interrelated. duct taking place after the settlement health. The question is whether this I am willing, indeed eager, to work is adopted and implementing legisla- Congress has the wherewithal to make with all interested parties to refine tion is passed. the tough decisions, with all the at- this legislation as it moves forward. That is an overview of the settle- tendant political implications, in order What I am not willing to do, however, ment, as explained to the Judiciary to codify the settlement and move us is further delay action on what could Committee at our June 26 hearing. toward a substantial new commitment be the most important opportunity to Even a cursory examination of the to improving public health. advance public health in decades. settlement presents Congress with a Three years ago, on the 30th anniver- I have entitled the legislation I intro- clear question: should we seize the op- sary of the first Surgeon General’s Ad- duce today the ‘‘PROTECT’’ Act, or portunity to undertake a serious new visory Committee on Smoking and ‘‘Placing Restraints on Tobacco’s national war on tobacco by imple- Health report, I received a letter from Endangerment of Children and Teens menting certain liability reforms in ex- seven past Surgeon Generals of the Act.’’ change for enhanced FDA regulation, United States, representing the Admin- I consider this to be a ‘‘settlement substantial industry payments, and, in istrations spanning Eisenhower plus’’ bill. It retains and, indeed, short, a new national commitment. through Bush. In that letter, the Sur- strengthens the major provisions of the JUDICIARY COMMITTEE CONSIDERATION geon Generals said: settlement; but, it does so in a care- Our Committee has examined this in While the scientific evidence is over- fully balanced way which I believe will great detail, during four hearings. whelming and indisputable, significant pol- not only pass constitutional muster At our second hearing, in July, we icy changes in how this product is manufac- but also could be enacted. heard testimony from two constitu- tured, sold, distributed, labeled, advertised Let me be clear about what this bill tional experts, who advised the Com- and promoted have been slow in coming. is. There has been little federal leadership for I consider this to be a discussion mittee on the constitutionality of the policy changes for the last 30 years. It seems settlement, including its advertising inconceivable to those of us in the public draft, a vehicle for the dialogue we provisions. That testimony was ex- health community that this nation’s single must have about this important issue tremely valuable in both reassuring me most preventable cause of death is also its during the next 2 months when Con- that legislation could be written which least regulated. gress is not in session and when we are would pass constitutional muster, and They continued: able to consult with our constituents in guiding me on how an appropriate As past Surgeons General of the United back home. legislative framework should be craft- States we have had great hopes that a day At the outset, let me say that I have ed. would come before the year 2000 when we will aimed for a consensus document, a

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12580 CONGRESSIONAL RECORD — SENATE November 13, 1997 piece of legislation which bridges the preventive, and the realistic. It com- was intended to be tax deductible, the divide over contentious issues in a way bines strong penalties on the tobacco bill I am introducing today does not that is legislatively viable. industry with strict regulation of to- contain that provision at this time. Because it starts with this as a goal, bacco products by the FDA, implemen- Fifth, my legislation contains a sub- I am painfully aware that this bill will tation of a major national anti-to- stantial new program to enhance sig- totally please no one. Interest groups, bacco, anti-addiction campaign, and nificantly Indian health care efforts, by their very definition, advocate a defined liability protections for the to- particularly related to tobacco use. particular position. Enactment of a tobacco industry. This provision will be funded at $200 bacco settlement bill will require us to The PROTECT Act requires substan- million per year. meld many of those positions, to de- tial industry payments to fund state Sixth, significant new funding is pro- velop a consensus around the center. and federal public health activities, vided to States for anti-smoking, anti- As a consensus document put out for contains restrictions on tobacco adver- addiction efforts. States will receive discussion purposes, it is my intention tising aimed at youth, and provides $186 billion directly. These funds will that the PROTECT Act would be a use- continuing oversight of the industry be allocated based on the agreement of ful departure point for future, produc- through a strong ‘‘look-back’’ provi- the State attorneys general. States tive discussions. sion. will be able to use whatever portion of I am also cognizant of the anti-to- In addition, the PROTECT Act im- the funds that would have been attrib- bacco groups’ interest in seeing a piece proves on the state attorneys general utable to their State Medicaid match of legislation that does its utmost to June 20 settlement, in a number of key with no strings whatsoever. The por- discourage tobacco use. areas: tion that would be attributable to the I would like to do that as well. First, industry payments over 25 Federal Medicaid match must be used That is my primary goal. years will total $398.3 billion. Of those for delineated health-related anti-to- I say that not only as a Senator who payments, $95 billion will represent the bacco programs. None of these funds represents a State which has the low- punitive damages for the tobacco in- are considered to be part of the Med- est smoking rates in the country, not dustry’s past reprehensible conduct. icaid program, however. The Federal only as a member of a Church which These funds will be devoted toward a anti-tobacco program, administered by condemns the use of tobacco, but also National Institutes of Health Trust HHS, will provide an additional $92 bil- as a Senator who has devoted the ma- Fund for biomedical research, similar lion to States, half of which will be ad- jority of his career to the public to the legislation drafted by our col- ministered through a block grant pro- health. leagues Senator Connie MACK and Sen- gram. Yet, many anti-tobacco groups may ator Tom HARKIN. Seventh, in a departure from the be disappointed because this bill is not Second, I have inserted a strong pro- AG’s agreement and the FDA rule, as stringent as they would like. But I vision to preclude youth access to to- which regulates tobacco as a restricted urge those who might believe this to bacco products, sponsored by our col- medical device, the bill treats tobacco keep an open mind. I think they will league Senator GORDON SMITH. Since products as their own class and as un- find that, in many cases, my bill is the States have a substantial role in approved drugs. However, the bill pro- more stringent than the AG’s proposal. enforcing the laws precluding youth vides the FDA with substantial new au- I would also urge them to keep in smoking, I have also made State re- thority over tobacco products, includ- mind our primary goal of helping fu- ceipt of the public health funds con- ing the authority to control their com- ture generations of children. The only tained in this bill contingent upon en- position through reductions or elimi- way to do that is to approve legisla- forcement of those youth anti-tobacco nations of all constituents. Unlike the tion, which necessitates legislation provisions. which is approvable. That is my goal— Third, to address a concern expressed AG agreement, though, which gives to get a good bill enacted. A bill that is by members on both sides of the aisle, FDA the authority to ban tobacco ‘‘perfect’’ from the point of view of one as well as the President, this bill pro- products after 12 years, my proposal al- side or the other cannot be enacted; it vides transitional assistance to farmers lows the Secretary to make that rec- must be a consensus. modeled after the legislation intro- ommendation in any year, but it can- For that reason, the bill must also duced by Agriculture Committee not be implemented unless approved by Congress. contain the legal reform provisions put Chairman DICK LUGAR, combined with forward by the attorneys’ general. educational assistance for retraining Eighth, the ‘‘look-back’’ surcharge Those liability provisions were agreed taken from the ‘‘LEAF’’ Act, drafted on tobacco manufacturers has been sig- to not only the industry, but also by by Senators MCCONNELL, FORD, FAIR- nificantly strengthened with penalties the representatives of 40 states, by the CLOTH, and HELMS. There is much to more than doubled and the cap on pay- public health community, and some commend both of these bills, and I look ments removed. The Secretary may members of the plaintiff’s bar. forward to working with proponents of abate all or part of a penalty, totally We should not fool ourselves into be- each to refine further these provisions at her discretion. lieving that such a massive anti-to- as the legislation moves forward. Ninth, after funding is provided for a bacco policy as is embodied in either Fourth, a National Institutes of limited program on tobacco-related as- the AG’s proposal or the PROTECT Act Health [NIH] Trust Fund is established bestos liability, transitional agricul- can be enacted absent the liability pro- with funds paid by tobacco companies tural assistance, and the new Indian visions agreed to in June. for the settlement of punitive damages health program, my bill divides the re- Yes, we should keep the pressure on for their past reprehensible marketing maining funding in half. Fifty percent for as anti-tobacco bill as we can. But of tobacco. It will significantly en- will be provided to the Federal Govern- if we are to enact this bill next year, hance research related to diseases asso- ment for our new war on tobacco addic- which is my goal, we must be realistic. ciated with tobacco use, such as can- tion and tobacco use. Fifty percent will There are very few legislative days cer, lung, cardiovascular and stroke— be provided to the States for anti-to- left, believe it or not. similar to Mack-Harkin. This fund bacco programs. GENERAL DESCRIPTION OF PROTECT ACT would provide an additional $95 billion These funds will be provided to each Accordingly, I have drafted my bill for biomedical research, a goal which state by a formula agreed upon by the as a global tobacco settlement, which clearly must rank at the top of our na- Attorneys General Allocation Sub- mirrors in many ways the key compo- tional agenda in this day of ever- committee on September 16. My bill nents of the proposal put before us on emerging medical discoveries. does not treat these payments to the June 20. In earlier versions of this legislation, states as Medicaid recoveries per se, Unlike other bills introduced thus far I had considered making these punitive and indeed, my bill waives the Med- this session, it is a comprehensive bill. damages not tax-deductible. However, icaid subrogation law. However, for It contains all of the elements of the upon further reflection about the purposes of use of these State funds, June 20 document, embodying the crit- precedent this would set in tax law, the States will be able to retain that ical balance among the punitive, the and the fact that the June 20 proposal portion of the funds which would have

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12581 been attributable to their Medicaid ity protections of the bill, the partici- when it advertises a legal product and matching rate, and use those funds pating manufacturers must sign the is not unfair or deceptive, the govern- with absolutely no restrictions. The Protocol. This works as a powerful in- ment may regulate commercial speech portion of the funds which would have centive for the participating members more than it may regulate fully pro- represented the Federal share under of the tobacco industry to abide by the tected speech. This is the case of to- Medicaid, generally the larger share, restrictions contained in the protocol. bacco advertising. must be used for certain anti-tobacco Basically, the Protocol establishes In May 1996, in 44 Liquormart, Inc. v. public health purposes delineated in restrictions on advertising by industry Rhode Island, the Supreme Court in- the bill. and includes general and specific re- creased the protection that the Su- I want to take the opportunity today strictions, format and content require- preme Court in its Central Hudson test to discuss many of these areas in more ments for labeling and advertising, and guarantees to commercial speech by detail. sets a ban on nontobacco items and making clear that a total prohibition NATIONAL TOBACCO SETTLEMENT TRUST FUND services, contents and games of chance, on the ‘‘dissemination of truthful, non- The bill establishes a Trust Fund— and sponsorship of events. misleading commercial messages for termed the ‘‘National Tobacco Settle- Because these restrictions raise seri- reasons unrelated to the preservation ment Trust Fund.’’ This is the appa- ous First Amendment concerns, and to of a fair bargaining process’’ will be ratus that takes the inflow of proceeds avoid years of litigation that would subject to a stricter review than a reg- made by the participating tobacco surely tie up the implementation of the ulation designed to ‘‘protect consumers manufacturers and makes payments to bill, we have placed these restrictions from misleading, deceptive, or aggres- the states and various federal health in the Protocol contract provision. sive sales practices.’’ programs. More specifically, here is how the This case may evidence a trend on Here is how the fund works: The par- Protocol works. the part of the Supreme Court’s part to ticipating manufacturers must deposit To be eligible for liability protection, increase the First Amendment protec- $398.3 billion in the Trust Fund. Of this each participating tobacco manufac- tion it accords to commercial speech. amount, $303 billion reflects settlement turer must sign the Protocol and thus If this trend continues, a court is more for compensatory damages and $95 bil- contractually agree to the provisions likely to find that restrictions on to- lion for the settlement of punitive restricting their tobacco advertising. bacco—a legal product—is subject to damages for bad acts of the tobacco in- The Protocol will also bind the man- stricter scrutiny than the traditional dustry prior to the legislative settle- ufacturer’s distributors and retailers to antifraud type commercial free speech ment of the claims. agree to the restrictions by requiring cases, particularly when the tobacco These amounts are deposited into that in any distribution or sales con- advertising is truthful and nondecep- two accounts: a state account for use tract between these parties, the re- tive. to pay back the states for Medicaid ex- strictions will become material terms. The Protocol also contains a provi- penditures and a federal account to If a tobacco manufacturer, or one of his sion establishing an arbitration panel fund health and tobacco anti-cessation distributors or retailers, violates any to determine the legal fees for the to- programs. A detailed expenditure table provision contained in the Protocol, li- bacco settlement and caps such awards is provided in the bill which earmarks ability protection for the manufacturer to 5 percent of the amounts annually where the payments are being made. is no longer afforded. The restrictions paid to the Trust Fund, any remainder These payments represent a licensing on advertising include prohibitions on to be paid the next fiscal year. The at- fee, of which $10 billion is paid ‘‘up outdoor advertising, in the use of torney fees are to paid by the manufac- front’’ to the Trust Fund by the par- human and cartoon figures, on adver- turers and are not to be counted ticipating tobacco manufacturers and tising in the Internet, on point of sale against the Trust Fund fees and depos- the remainder will be paid in annual advertising, and in sporting events. Ad- its. Finally, the Protocol may be en- amounts stipulated in the bill. The bill vertising is also subject to brand name, forced by the Attorney General, the thereafter sets the base amount licens- types of media, and FDA restrictions State attorneys general, and the pri- ing fee that the participating manufac- As I stated, the restrictions were vate signatories in the applicable turers must pay to the Trust Fund for placed in the Protocol because current courts. the 25 year base period. statutory restrictions on tobacco ad- The bill also provides for penalties vertising contained in a FDA final rule, THE CONSENT DECREES and the possible loss of the civil liabil- and in other proposed legislation, raise The primary purpose of this section ity protections of the Act if the par- serious constitutional questions. is to settle existing claims against the ticipating manufacturers default on It remains unclear whether such participating tobacco manufacturers. payments. statutory restrictions violate the First Once signed by the parties (federal and The U.S. Attorney General shall ad- Amendment’s guarantee of freedom of state governments, the Castano class minister the Trust and the Secretaries speech. And this doubt invites years of private litigants, and the participating of Treasury and Health and Human litigation to determine whether or not tobacco manufacturers) as an enforce- Services shall be co-trustees. To ensure the statutory restrictions are constitu- able contract, the consent decree be- that each participant of the tobacco tional. comes effective on the date of the bill’s settlement has a fair say, an advisory Rather than open the door to endless enactment and allows for three impor- board is created to advise the Trustees litigation, which could delay the im- tant things: (1) a state receives Settle- in the administration of the Trust plementation of the restrictions for ment Trust funding; (2) a manufacturer Fund. Four members are to be ap- years, I have made the restrictions receives liability protection; and (3) pointed by the House and Senate ma- contractual. Because the Protocol is a the Castano claims are settled. jority and minority leadership, and one binding and enforceable contractual The consent decrees require the par- member each representing the state at- agreement between the interested parties to agree to various restrictions, in- torneys general, the tobacco industry, ties, a challenge to the constitu- cluding restrictions on tobacco adver- the health industry, and the Castano tionality of the restrictions is avoided. tising, and on trade associations and plaintiffs’ class. This, I believe, the wisest and most ef- lobbying, the disclosure of tobacco NATIONAL TOBACCO PROTOCOL fective approach in dealing with to- smoke constituents and nontobacco in- The bill establishes a Protocol—in es- bacco advertising restrictions. gredients in tobacco products, the dis- sence a binding contract among the As a type of commercial speech, to- closure of important health documents, federal government, the States, the bacco advertising is entitled to some, the dismissals of the various under- participating tobacco manufacturers, but not full, First Amendment protec- lying tobacco suits, requirements for and the Castano private class. tion. The law provides that commercial warning labels and other packaging re- The primary purpose of the Protocol speech may be banned if it advertises strictions, and the obligation to make is to effectuate the consent decrees, an illegal product or service, and un- payments for the benefit of the States, which terminate the underlying to- like fully protected speech, may be the private litigants, and the general bacco suits. To receive the civil liabil- banned if it is unfair or deceptive. Even public.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12582 CONGRESSIONAL RECORD — SENATE November 13, 1997 Pursuant to the consent decrees, the is delinquent in payment by more than Frankly, I am of the school that un- parties waive their right to bring con- 12 months, the benefits granted under fettered FDA authority is a bad idea. stitutional claims. It also provides that this bill will no longer apply. The bill As a conservative, the notion of giving the provisions are severable. The At- also contains enforcement mechanisms any Federal agency unfettered author- torney General must approve the con- for material breaches of the protocol ity is a not a good idea. sent decrees, and a state may bring an and consent decree. I must point out Anyone who argues for the principle action to enforce provisions contained that nonsignatories—such as tobacco of unfettered FDA authority appar- in the consent decree, if appropriate. companies that refuse to sign the pro- ently has not ever read FDA’s organic Civil Liability Provisions tocol and consent decrees—are not eli- statute, the Federal, Food, Drug, and In exchange for payments and other gible to receive the civil liability pro- Cosmetic Act. This important law has concessions, of which I already spoke, tections in the bill. its origins in the 1906 Pure Food and the tobacco manufacturers will gain With regard to a state’s eligibility to Drugs Act safeguards our Nation’s sup- certain benefits from the bill. It is receive funds under this bill, it is rel- ply of food, drugs, cosmetic, medical these benefits which have given the to- atively simple. A state must dismiss and radiological devices. My version of bacco companies the incentive to come any claims it has pending against the this law contains 254 pages of ‘‘fetters’’ forward and participate in the negotia- participating tobacco companies and it on the FDA. And this does not even in- tions which were necessary to resolve must adopt provisions in its state code clude the many pages of additional the massive litigation surrounding to- which mirror the benefits granted to ‘‘fetters’’ placed on FDA in the Public bacco use. Keep in mind that these ben- the participating tobacco companies in Health Service Act provisions relating efits only apply to those tobacco manu- this bill. On an annual basis, the Attor- to the regulation of biologicals. facturers who voluntarily enter into ney General will certify each state Frankly, I am not sure that many the Protocol and consent decrees. which is eligible to receive funds. other executive agencies have as many There are several aspects to this sec- FDA JURISDICTION OVER TOBACCO PRODUCTS fetters placed upon it as FDA. And that tion of the bill: It is may surprise some in this body is a good thing. FDA performs such First, all actions which are currently to learn that the current provision in critical public health missions as ap- pending against the manufacturers will food and drug law that established the proving new drugs and medical devices. be dismissed. Those actions include ac- efficacy standard for drugs was enacted In a democratic society it is only rea- tions by states or local governments, in 1962 through Judiciary Committee sonable to expect that the American class actions, or actions based on ad- leadership when Senator Kefauver was public—which has some much at stake diction to tobacco or dependency on to- chairman. with respect to FDA’s decisions—will bacco. The tobacco companies will be As the current chairman of the com- require its elected representatives to immune from such class action claims mittee, I has great reservation about watch closely what FDA is doing and in the future. I want to emphasize that embarking down a path that appears to enact legislation that will improve the personal injury claims will still be via- turn the world upside down and gut the efficiency of its operations. ble. An individual will still be able to normal safety and efficacy require- Just this last Sunday, Congress com- make claims directly against tobacco ments as applied to medical devices by pleted its latest exercise in fettering companies after the enactment of the creating an exception that swallows the FDA when this Senate passed, and bill. the rule. passed by a unanimous voice vote I Second, the primary benefit which Using the restricted device law—a must add, the FDA Modernization Act law whose purpose is to regulate a the tobacco companies will receive of 1997. This bill takes up fully 22 pages class of products that require special under this bill is relief from liability in the CONGRESSIONAL RECORD. for punitive damages. This relief only controls to help patients—to keep an So if anyone is under the false im- applies to punitive damages for actions inherently dangerous product on the pression that ‘‘unfettered FDA author- market troubles me. I am not certain which the tobacco companies took ity’’ is the norm, I would only invite what kind of precedent this will be but prior to this bill’s enactment. If, at them to read the statute and its latest I fear that it will be significant and of some future date, the tobacco compa- modification. questionable necessity and benefit. The Congress would not, and should nies take some action or commit some As I understand it, the only product not, pass a bill that says in essence wrong that would subject them to pu- that has been regulated under the re- that FDA has unfettered authority nitive damages, this bill will not restricted device provisions of the law lieve them of that future liability. are hearing aids. I am not sure why over tobacco any more than we would Third, this bill makes the partici- some apparently feel a compelling need pass laws that said that FDA has ple- pating manufacturers jointly and sev- to equate the treatment of cigarettes nary, unfettered power over drugs and erally liable for damages arising out of with hearing aids. I don’t share this en- devices. claims by individuals. Of course, manu- thusiasm. As I said earlier, the real question to- facturers who do not voluntarily con- Judging by some of the public rhet- bacco products is not if but what present to the terms of the protocol and oric since the June 20 announcement of cise authority we give FDA over these consent decree will be treated sepa- the Attorney General’s agreement, one products. rately and lawsuits involving both of the most hotly contested areas of I think that Attorney General Mike types of tobacco companies will be the proposed settlement concerns the Moore got it right as when he told sev- tried separately. provision addressing the Federal Gov- eral Senate Committees that all he Fourth, the bill includes a cap on the ernment’s authority to regulate to- asked from the public health commu- amount of damages that can be paid bacco products. nity is to be told exactly how tobacco out on individual claims each year. The Since June 20 some have adopted the should be regulated. cap is one-third of the total annual rallying cry of ‘‘unfettered FDA au- There was no intent by the Attorney payments that are due from all the thority’’ and have suggested that there Generals, the Castano plaintiffs group, participating tobacco manufacturers. are major deficiencies in the proposed the public health representatives to act The excess over the cap and the excess agreement relating to the ability of to undermine FDA’s ability to regulate of any individual claim over $1 million FDA to regulate tobacco products. tobacco. For that matter, we must rec- will be paid in the following year. I suggest that the quality and sub- ognize that, even while they were, and Eighty percent of those payments to stance of this debate would improve if are, litigating the issue of FDA author- individuals will be credited toward we focus on the real issues. ity in the Federal courts, the industry payments due to the fund. These provi- As far as I am concerned, the sub- negotiators made unprecedented con- sions were all drawn from the June stantive issue is not whether FDA cessions in terms of FDA’s authority in 20th proposal and are drafted to be should have authority over tobacco the June 20 agreement. identical to that agreement. products; the real question is precisely It is possible, as many legal experts Finally, as an enforcement mecha- how much and precisely what kind of believe, that the Fourth Circuit Court nism, if a tobacco company which has authority that FDA should be dele- will rule that FDA does not have the signed the protocol and consent decree gated over these dangerous products. authority to regulate tobacco.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12583 One thing that I do know is that ards, tobacco product labeling, warn- We had a bipartisan coalition under whatever happens at the court of ap- ing, and packaging standards, reduced the best of circumstances, and in the peals, the loser will likely appeal its risk tobacco product standards, to- end, our 43 cents was whittled down to decision. bacco product marketing. 10 cents phased up to 15 cents. This will take time, time in which As well, my bill creates a Tobacco In that climate, I do not think it is more and more young children will Products Scientific Advisory Com- reasonable for anyone to expect that start a lifetime addiction to tobacco mittee that will advise the Secretary this Congress will enact a cigarette ex- products that will lead to illness and and FDA on all of these new standards. cise tax of $1 or $1.50. premature death. I want to highlight that unlike the I do, believe, however, that there is Regardless of the outcome of this proposed settlement that my bill would consensus that it would be an impor- litigation, I am convinced that this allow the Secretary to recommend that tant public health goal for the price of Congress has a public duty to act, and tobacco products be banned at any cigarettes and other tobacco products act now. time. The AG agreement had a 12-year to be raised significantly to discourage Title IV of my bill describes in detail bar to any such actions. youth consumption. But because this decision is a major what I think is the appropriate way for It is possible to do that without an public health decisions with consider- FDA to regulate tobacco products. excise tax, and that is what my bill able political, social economic, and First of all, let me start by taking does. Under my proposal, which predi- even philosophical consequences, I re- my hat off to FDA and the Department cates payments upon a Federal licens- quire that any such decision to ban of Health and Human Services under ing fee, I estimate that when fully products to be made personally by the the leadership of Secretary Shalala for phased in year six, cigarette prices will its creativity of using the existing food Secretary and require the concurrence of Congress. go up an additional $1.09 per pack at and drug laws in fashioning its final the manufacturer level, which will be rules on youth tobacco. So please examine my proposal. I want to hear the comments and con- reflected in a retail level of $1.50 or In many ways, these regulations cre- more. ated the environment that made it pos- structive criticism of all of my colleagues in this body and other inter- Economists have found that markups sible for the negotiators to sit at the by cigarette manufacturers are always table and bring us the settlement pro- ested parties and citizens. From my experience, I know that accompanied by increases down the disposal that we are considering today. So FDA legislation is always controversial tribution chain, including state excise I take my hat off to the negotiators as and contentious. There are always a lot tax increases. Thus, for purposes of well. of devilish details. this debate, I think it is critical that As fully explained in the preamble to I put out this proposal in the interest we discuss potential price increases in the final rule and accompanying legal of moving the tobacco debate forward net terms, rather than the manufac- justification, one of the major reasons in the Senate and in public debate. turer markup. why FDA regulated tobacco products I challenge those who have in an in- There is an important reason to im- as restricted medical devices was be- terest in FDA prevailing in court in plement the agreement through a li- cause of the relative inflexibility of the the current litigation to put that liti- censing payment, as opposed to a tax. drug laws versus the flexibility of the gation aside as you read my FDA lan- Law enforcement officials have noted medical device laws. guage and consider what law you would that the closer the price rise is to the We all know that this question is be- write if you were not constrained by source of the cigarettes, the less oppor- fore the Fourth Circuit, and we expect the current drug and device paradigms. tunity there is for diversion. a decision very soon. But regardless of I salute those many public health For example, if this bill were predi- the outcome of that case, many have groups and officials who have brought cated on an excise tax, manufacturer expressed the concern that FDA has the antitobacco use battle so far in the sales to distributors would not reflect stretched the statute beyond the last few years. the higher price, and there would be breaking point when it uses a statu- Let us start from a clean blackboard. ample opportunity for diversion into tory provision whose hallmark is the I believe that my approach is pref- the black market of the cheaper goods. safety and efficacy standard in a fash- erable than to continue to stretch a In sum, I believe that my proposal ion to reach products that are inher- perhaps already overstretched statute. will bring the price of cigarettes to a ently unsafe and ineffective. If any in this body believe that my high level and do so in a way that dis- Call it what it is: A tobacco product proposal falls short, I hope they will courages black market diversion. is a tobacco product, not a medical de- tell me how. If some believe it is too le- Another issue of keen concern to the vice. nient here and too rigid there, I hope My proposal is to create a new regu- they will respond with fixes, not with Congress are the tobacco farmers, most latory chapter that exclusively ad- shouts. of whom could be displaced if this leg- dresses tobacco products. New chapter I look forward to this aspect to the islation is successful. IX contains the rules that will apply to debate because of my long term inter- AGRICULTURAL PROVISIONS tobacco products. est in the FDA and the Federal Food, Mr. President, we cannot forget If a tobacco product is not in compli- Drug, and Cosmetic Act. Let us take about our country’s tobacco farmers. ance with this chapter it will run afoul particular care in crafting this lan- Even though the tobacco farmers have of the FDC statute by the two new pro- guage and do so in a way that does not the most to lose from the tobacco set- hibited acts that S. 1530 creates in sec- distract FDA from its core missions, tlement, they were completely left out tion 301 of the act. It will be against including its central role in getting the of the settlement negotiations. the law to introduce into interstate latest in medical technology to the Tobacco farms in this country are commerce any tobacco product that American public. often small family run businesses, and does not comply with these tough new THE PRICE OF TOBACCO PRODUCTS in many cases, the entire economic provisions. Another issue of keen concern to the foundation of a community is tied up In addition, S. 1530 proposes to alter public health community is the price in the production or processing of to- the definition of drug to include to- of tobacco products. Earlier this year, I bacco. bacco products that do not comply joined with several of my colleagues on As many of my colleagues in the Sen- with new chapter IX. That means that both sides of the aisle to propose the ate know, I would probably be the last nonconforming tobacco products will Child Health Insurance and Lower Def- person to stand up and defend the to- be subject to the rigid treatment ac- icit Act, the CHILD bill. That bill, bacco industry or our nation’s tobacco corded drugs. Talk about an incentive most of which has now been enacted as program. I feel strongly, though, that to comply with the new chapter. part of the Balanced Budget Act, made we should not turn our backs on to- My new proposed chapter IX includes huge strides toward providing unin- bacco farmers and their communities many tough provisions including, to- sured children with health care serv- at a time when many will be harmed as bacco product health risk management ices, and it was predicated on a 43 cents a consequence of the tobacco settle- standards, good manufacturing stand- increase in the excise tax on cigarettes. ment.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12584 CONGRESSIONAL RECORD — SENATE November 13, 1997 Senator LUGAR, the Chairman of the Indians and Alaska Natives smoke an impose obligations or requirements re- Senate Agriculture Committee, has in- average of 25 or more cigarettes daily. lating to the application of this act to troduced a bill that would end the to- Moreover, according to the Indian Indian tribes. bacco program while providing pay- Health Service [IHS] lung cancer re- Tobacco use remains a significant ments and other assistance to tobacco mains the leading cause of cancer mor- health factor for Indians and the costs farmers over a three-year transition tality. The IHS further reports that in associated for patient care and treat- period. His proposal follows the pattern some parts of the country 80 percent of ment are extremely high and result in established by the 1996 farm bill, by Indian high school students smoke or a disproportionate allocation of lim- getting the government out the farm- chew tobacco. The statistics further ited IHS dollars for tobacco related ill- ing business and by making temporary show that smoking by American Indi- nesses. assistance available to farmers as they ans is actually increasing while it is on Accordingly, my bill establishes a adjust to the free market. the decline among other groups. supplemental fund for the IHS to aug- Senator FORD has introduced the Clearly, in the context of this global ment its program mission of providing LEAF Act, which provides some of the tobacco settlement, measures must be health care services to Indians. A $5 same assistance contained in Senator taken to address the unique problems billion account is established to be al- LUGAR’s bill but adds additional grants Indian country faces with the use and lotted to the IHS in increments of $200 and assistance for tobacco farmers and regulation of tobacco products. million annually for 25 years. workers employed in the processing of Accordingly, my bill contains several ANTITRUST PROVISION tobacco. However, Senator FORD’s bill Indian specific provisions that ensure Let me also discuss another issue maintains the tobacco program largely tribal governments will have the regu- briefly. The proposed settlement is intact. latory authority to address issues of predicated upon the tobacco companies Frankly, Mr. President, I believe our particular concern to tribal health offi- receiving immunity from antitrust tobacco communities have tough chal- cials while maintaining the interest of laws in a number of limited areas. For lenges ahead of them. For that reason, the tribe in its sovereign authority example, in order to determine the I have combined what I think are the over activities occurring on its reserva- price increase that will be passed on to best parts of each of these two bills tion. consumers due to the settlement li- into the PROTECT Act to ensure that These provisions have been devel- censing fee. Another area in which we care for our nation’s tobacco farm- oped, in part, on recommendations such antitrust clarification will be ers and our tobacco dependent commu- made at an October 6, 1997, oversight needed is in enforcement of the pro- nities. hearing on the tobacco settlement by tocol which accompanies the settle- My bill establishes a Tobacco Transi- the Committee on Indian Affairs on ment legislation. tion Account, funded through the Trust which I serve. In introducing the bill today, I want Fund. The Transition Account will pro- Let me also add that I welcome addi- to acknowledge that this language may vide buyout payments to tobacco quota tional input from Indian country on need to be refined and tightened up. I owners, who will lose their quotas, and these important provisions. Overall, do not intend to give the tobacco com- assistance payments to farmers who my provisions are designed to recog- panies blanket antitrust immunity. lease their quotas from these owners. nize the unique interests of Indian That would be totally unwarranted. In addition, the PROTECT Act creates country in the implementation of the I intend to work closely with Sen- Farmer Opportunity Grants. These will act as well as provide assistance to im- ators MIKE DEWINE and HERB KOHL, the be available to eligible family members prove the health status of native Amer- chairman and ranking member of the of tobacco farmers to help pay for high- icans. Judiciary Subcommittee on Antitrust, er education. Eligibility requirements Specifically, my bill makes clear to further polish this language. They for Farmer Opportunity Grants will be that the provisions of the act relating have indicated their willingness to similar to those of the Pell Grant pro- to the manufacture, distribution and work with me on this issue, and I ap- gram. sale of tobacco products will apply on preciate their expertise and assistance. Mr. President, we should also remem- Indian lands as defined in section 1151 ASBESTOS ber the workers in the tobacco proc- of title 18 of the U.S. Code. There exists medical evidence that essing industry who could be displaced The fundamental precept of the In- tobacco use is a contributory factor in as a result of the tobacco settlement. dian provisions is that tribal govern- asbestos-related diseases and injuries. The PROTECT Act sets up the Tobacco ments will be treated as States in the This bill contains a program to provide Worker Transition program. Patterned implementation of the provisions of limited compensation for individuals after the NAFTA Trade Adjustment the act. who are exposed to asbestos and whose Assistance program, the Tobacco The Secretary of HHS, in consulta- condition proven to have been exacer- Worker Transition program will pro- tion with the Secretary of the Interior, bated by tobacco use. The asbestos provide assistance to displaced workers will be required to develop regulations gram is administered by the Secretary and help them receive job retraining. to permit tribes to implement the li- of Labor, who will establish standards Finally, Mr. President, the PRO- censing requirements of the act in the whereby it can be demonstrated that TECT Act will provide a total of $300 same manner by which the States are tobacco is a significant factor in the million over three years in block accorded this authority. cause of asbestos-related diseases. This grants to affected states for economic Indian tribes will also be considered program would be funded at $200 mil- assistance. Governors will be able to as a State for purposes of receiving lion per year and would complement use these grants to help rural areas and public health payments in order to the existing system for payments re- tobacco dependent communities make carry out the provisions of the act and lated to asbestos. the transition to broader based econo- in accordance with a plan submitted CLOSING mies and to the free market. and approved by the Secretary. As I close, I would like to make one NATIVE AMERICAN HEALTH PROVISIONS Indian tribes are permitted flexi- final observation. Three thousand kids Let me next turn toward another bility to utilize these funds to meet the a day start smoking; countless others component of my legislation which re- unique health needs of their members start using smokeless tobacco products lates to American Indians and Alaska as long as their programs meet the fun- like snuff. Natives. damental health requirements of the These children are becoming addicted Tobacco use and abuse are significant act. to powerful tobacco products which can health issues in Indian country. Native The amount of public health pay- only harm them. The scientific evi- Americans smoke more than any other ment funds for tribes will be deter- dence is clear. ethnic group—more than twofold for mined by the Secretary based on the I am extremely cognizant of the fact Indian men and more than fourfold for proportion of the total number of Indi- that there is a long history of legal use Indian women over non-Indians. The ans residing on a reservation in a State of tobacco products in this country. Centers for Disease Control estimate as compared to the total population of Millions have used them; millions do that 40 percent of all adult American the State. Moreover, a State may not use them.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12585 I am trying to strike a delicate bal- have a collaborative process if this leg- neys general, public health experts, the ance here: That of allowing adults to islation is to move forward, and I look Castano plaintiffs, and the tobacco industry. continue to use these products as they forward to being a part of that process The initial $10 billion down payment from choose, but of discouraging it whenever in the months to come. We can leave the tobacco industry, the continued annual payments, and any look-back or surcharge we can and helping those who are ad- no greater legacy to our children. payments or penalties will be deposited into dicted wean themselves from these I want to say a special thanks to Bill the Settlement Trust Fund. powerful tobacco products. Baird in the Office of Legislative Coun- But most importantly, we have to sel. He worked day and night to get The Settlement Trust Fund consists of a State Account and a Federal Account. Gen- renew our efforts aimed at teen to- this bill drafted for us, and I want to erally, as specified in section 101(c), the bacco use. The funds provided in the say publicly how much I appreciate funds are distributed as follows: First, a por- global tobacco settlement will allow us this extra effort. tion of the total funds are set aside in the to set that course. Anyone who wishes to read the entire Federal Account for a transitional agri- Let me say right now that I fully an- text of the bill will soon be able to ac- culture assistance program, a limited fund ticipate criticism of my proposal from cess it on the Hatch web page which for asbestos-related litigation (where it can those who are afraid it is too large, and can be reached at: ‘‘www.senate.gov/ be proven that tobacco use was a cause of in- perhaps too bureaucratic. ∼hatch/’’. It will take us a day or two, jury), and a new program to enhance Native To them I would say that the value but it will be available to the public. American health. The remaining funds are of this proposal is in its size. We need divided equally with one-half provided to the Since it is 308 pages, I think this is the States and one-half to the Federal govern- to show that we are serious about stop- most efficient way to make it available ment. In addition to the set aside funds for ping kids from smoking. We need to pe- to the public. And, as I just said, I wel- tobacco farmers, tobacco/asbestos plaintiffs, nalize the tobacco industry as part of come suggestions. and Native American activities, the remain- that effort. Finally, for those who just want the ing funds from the Federal Account will be I have tried to rely upon the existing digest version, I ask unanimous con- essentially divided equally between tobacco- administrative structure wherever pos- sent to insert a section-by-section sum- related biomedical research and public sible in the implementation of my mary of the PROTECT Act in the health activities as provided in sections 521 and 522, respectively. plan. If others have a better way to run RECORD. the program, I welcome their advice. There being no objection, the sec- Funds from the State Account may be used But to those who would advocate a tion-by-section analysis was ordered to by the states for both general purposes and for tobacco related programs as specified in smaller program, let me share my seri- be printed in the RECORD, as follows: ous concerns about lowering the sections 501 and 502, respectively. The Trust- SECTION-BY-SECTION ANALYSIS ees are precluded from making an expendi- amount the tobacco industry has al- Section 1. SHORT TITLE; TABLE OF CON- ture for programs which are currently being ready agreed to pay. TENTS. Entitles the bill ‘‘Placing Restraints funded at either the Federal or State levels, I would also have serious concerns on Tobacco’s Endangerment of Children and so that the funds provided in this Act are about raising the amount and using the Teens’’ Act ‘‘PROTECT’’) and lists a table of supplemental to any on-going activities and funds for unrelated purposes. This is contents. not a substitution. Section 2. FINDINGS. Makes a series of not the pot of money under the rain- Section 102. PAYMENT SCHEDULE. As a congressional findings with respect to to- bow which will allow us to fund 60’s-era condition of receiving the liability provi- bacco, its harmful health effects on children sions contained in Title II, participating left-leaning initiatives. This is a to- and adults, and the role of government in manufacturers must execute a protocol with bacco settlement which will provide us regulating tobacco products. with significant new funding for new Section 3. GOALS AND PURPOSES. Sets the Secretary of Health and Human Services, war on tobacco. A war to save our chil- forth the goals and purposes of the legisla- each respective state attorney general, and dren. tion, including decreasing tobacco use by Castano litigants, sign consent decrees with States and Castano plaintiffs, and deposit an My bill differs markedly from the youth and adults, enhancing biomedical research efforts, setting forth Federal stand- initial $10 billion payment into the Trust others that have been introduced in Fund. In addition, to be eligible for the li- that it is comprehensive, it includes all ards for smoking in public establishments, establishing the authority of the Food and ability protections, manufacturers must the components of the settlement in Drug Administration to regulate tobacco make payments according to a schedule list- one piece of legislation, and it makes products, providing transitional assistance ed in the bill. The Trustees are authorized to all the hard choices necessary to delin- to farmers, and reforming tobacco litigation adjust those continuing payments in two eate how a settlement will operate. practices. cases: 1) an annual inflation adjustment; 2) a Further, it is drafted to be constitu- Section 4. NATIONAL GOALS FOR THE volume adjustment which could either increase or reduce the base payments. The tional. REDUCTION IN UNDERAGE TOBACCO USE. Sets out national goals for reduction in amount that each participating manufac- Many have begun to criticize my bill turer will pay will be determined under the before they have even read it. It hap- youth tobacco use. For cigarettes, the national goals, measured from the baseline protocol appended to the agreement. pened with the CHILD bill. It will hap- year, will be a 30% reduction in use in 2003 Section 103. ADMINISTRATIVE PROVI- pen again. and 2004; a 50% decrease in 2005, 2006 and 2007; SIONS. The Attorney General will hold the But to those who wish to sling barbs and a 60% reduction thereafter. For smoke- Trust Fund and will report annually to the at my bill, I urge you to study it care- less tobacco, the national goals, measured relevant congressional committees on the fi- fully. It is not the Kennedy bill. And, from the baseline year, will be a 25% reduc- nancial condition of the Trust Fund. The by the way, it was never intended to tion in use in 2003 and 2004; a 35% reduction Trustees will invest excess balances of the be. It is not the Lautenberg bill, nor in 2005, 2006, and 2007; and a 45% reduction Fund in interest-bearing obligations of the the McCain bill. thereafter. U.S. and proceeds therefrom will become a It is a discussion draft intended to Section 5. DEFINITIONS. Defines perti- part of the account. Members of the Trust- nent terms used in the bill. ees’ advisory board shall serve without com- embrace, and improve, the proposed pensation, although travel expenses will be global tobacco settlement rec- TITLE I—NATIONAL TOBACCO SETTLEMENT TRUST FUND reimbursed, and overall costs of the advisory ommended to the Congress by 40 states Section 101. ESTABLISHMENT OF TRUST board are capped. Receipts and disburse- this June. I welcome any suggestions FUND. Creates a National Tobacco Settle- ments from the Trust Fund will not be infor improvements which may be offered ment Trust Fund that will receive payments cluded in the annual budget, and cannot be to my bill. That is why I am putting it from tobacco manufacturers according to a transferred to the general fund of the Treas- forward today as a discussion vehicle. schedule set out in the bill. Over the next 25 ury. I hope that the majority of Congress years, deposits will be $398 billion, of which Section 104. ENFORCEMENT. Any partici- will agree with me that this should be- $95 billion are considered punitive damages pating manufacturer which fails to make come a national priority, and begin to and will be used to fund a biomedical repayments required by the Act will be subject move legislation immediately upon our search trust fund. to daily fines. If the manufacturer has not return in January. The National Tobacco Settlement Trust made the required payment within one year, Fund will be administered by the Attorney the manufacturer will be considered non-par- In closing, Mr. President, I want to General, the Secretary of Health and Human ticipating, will lose the liability protections thank all of my colleagues who provide Services, and the Secretary of Treasury, and contained in the Act, and will be ineligible advice and assistance in drafting this will be advised by a board composed of the from becoming a participating manufacturer legislation. It is clear that we must Trustees and representatives of State attor- in the future.

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TITLE II—NATIONAL PROTOCOL AND LIABILITY lation without express consent from the under subtitle C, and for settlement of the PROVISIONS manufacturer. Castano claims, consent decrees must be SUBCHAPTER A—PROTOCOL RESTRICTIONS ON Section 222. AGREEMENT TO TERMI- signed effective on the date of enactment. ADVERTISING NATE CERTAIN ENTITIES. Parties to the The consent decrees shall include provi- Section 201. REQUIREMENT. To be eligi- Protocol agree that, within one year of en- sions relating to restrictions on tobacco ad- ble for the liability protections contained in actment, the Tobacco Institute and the vertising and youth access, restrictions on Subtitle C, each tobacco manufacturer shall Council for Tobacco Research, U.S.A. will be trade associations and lobbying, disclosure enter into a binding and enforceable contract terminated, and that any successor organiza- on tobacco smoke constituents, disclosure of (‘‘the Protocol’’) in each state, with the At- tions will meet strict guidelines with respect nontobacco ingredients in tobacco products, torney General on behalf of the Chief Execu- to membership and activities and will be disclosure of all documents relating to tive Officer of the state and representatives subject to oversight by the Department of health, toxicity, and addiction, the obliga- of the Castano litigants. As part of the pro- Justice. tion of manufacturers to make payments for tocol, a participating manufacturer shall SUBCHAPTER C—OTHER PROVISIONS the benefit of States, the obligation of manu- agree, in any contract entered into with a Section 225. APPLICATION OF SUB- facturers to deal only with distributors and distributor and retailer, to require the dis- CHAPTER. The provisions of this subchapter retailers that comply with all laws regarding tributor and retailer to comply with the ap- will be considered part of the Protocol. tobacco products, requirements for warnings, plicable terms of the protocol. Section 226. DETERMINATION OF PAY- labeling, and packaging, the dismissal of Section 211. APPLICATION OF SUB- MENT AMOUNT. Manufacturers agreeing to pending litigation as required under this CHAPTER. The following provisions will be the Protocol will determine the percentages Act, and any other matters deemed appro- considered part of the Protocol. each specific manufacturer must pay. priate by the Secretary. Section 212. AGREEMENT TO PROHIBIT Section 227. ATTORNEY’S FEES AND EX- The consent decrees shall not include in- ADVERTISING. Parties to the executed Pro- PENSES. Within 30 days of enactment, an formation on tobacco product design, per- tocol agree that they will not use any form arbitration panel will be appointed by the formance, or modification, manufacturing of outdoor product advertising, nor will they Trustees, the participating manufacturers, standards and good manufacturing practices, advertise in any arena or stadium where ath- and State Attorneys General participating in testing and regulation with respect to tox- letic, musical, artistic or other social or cul- the June 20, 1997 memorandum of under- icity and ingredients, and the national goals tural events or activities occur. Parties also standing and the Castano litigants. The arbi- relating to reductions in underage use of to- agree not to use human images or cartoon tration panel will establish procedures for its bacco. Constitutional claims shall be waived characters in tobacco-related advertising, la- operation, receive petitions for attorneys’ and the provisions are severable. The decree beling or promotional materials, and not to fees and expenses, and make awards based on must be approved by the Attorney General. advertise tobacco products on the Internet. enumerated criteria subject to an annual cap The decree shall remain in effect regardless Parties also agree to limit point of sale ad- which is equal to 5% of the amount paid to of amendments to the Act, except as super- vertising of tobacco products both in terms the Trust Fund for the applicable year. seded by said amendments. A state may only of number of advertisements and format, ex- Awards made by the panel will be paid by the seek injunctive enforcement of the consent cept in adult-only stores and tobacco out- participating manufacturers and will not be decree in state court. The Attorney General lets. paid from the Trust Fund. will regulate to ensure consistency of state Section 213. GENERAL RESTRICTIONS. Section 228. LIMITATIONS WITH RE- court rulings regarding consent decrees Parties agreeing to the Protocol will not use SPECT TO INDIAN COUNTRY. Partici- which are not exclusively local. a trade or brand name of a non-tobacco prod- pating manufacturers will agree not to con- Section 242. STATE ENFORCEMENT OF uct as the trade or brand name for a ciga- duct any activity within Indian country that CONSENT DECREES. A State may bring an rette or smokeless tobacco product, except is otherwise prohibited under this Act, and injunctive action to enforce the terms of a for products sold in the United States before agrees to sell or otherwise distribute tobacco consent decree which falls within its juris- January 1, 1995. Parties further agree to products to an Indian tribe or tribal organi- diction. It can only seek criminal or mone- limit the media in which tobacco products zation under the same terms and conditions tary relief for a subsequent violation of an will be advertised and will not make pay- as the manufacturer imposes on others. injunction previously granted. ments for placement of tobacco products in Section 231. FEDERAL ENFORCEMENT Section 243. NON-PARTICIPATING MANU- television programs, motion pictures, videos OF THE PROTOCOL. Sets forth the terms FACTURERS. Provides an incentive for or video game machines. and conditions under which the Attorney manufacturers to participate in the national Section 214. AGREEMENT ON FORMAT General may bring civil actions, including tobacco control protocol. Non-participating AND CONTENT REQUIREMENTS FOR LA- imposition of stiff penalties, to enforce the firms will not be protected by the civil li- BELING AND ADVERTISING. Those signing Protocol. The Attorney General may enter ability protections of this bill. A non-partici- the Protocol agree to limit tobacco-related into contracts with state agencies to assist pating company will be required to transfer advertising to black text on white back- in enforcement. The Attorney General is au- funds to the National Tobacco Settlement ground, except in certain cases such as vend- thorized to utilize funds from the Trust Fund Trust Fund in an amount based on the pro- ing areas not visible from the outside and for performance of her duties under this sec- portion of the market share of the sales of adult publications. Further, parties using tion. the firm. Each non-participating manufac- audio or video formats agree to certain lim- Section 232. STATE ENFORCEMENT OF turer shall place into an escrow reserve fund its, such as restrictions on music or sound. THE PROTOCOL. The chief law enforcement each year an amount equal to 150% of its Section 215. AGREEMENT TO BAN NON- officer of a state may bring actions to en- share of the annual payment required of par- TOBACCO ITEMS AND SERVICES, CON- force the protocol if the alleged violation is ticipating manufacturers. TESTS AND GAMES OF CHANCE, AND the subject of a proceeding within that SUBTITLE C—LIABILITY PROVISIONS SPONSORSHIP OF EVENTS. Parties to the State. However, the State must first give the Protocol agree to ban all non-tobacco mer- Attorney General 30 days’ notice before com- Section 251. DEFINITIONS. Defines perti- chandise bearing the brand name, logo or mencing such a proceeding, and the State nent terms used in Subtitle C. other identifier of tobacco products. They may not bring a proceeding if the Attorney CHAPTER 1—IMMUNITY AND LIABILITY FOR PAST also agree not to offer any gift or item in General is diligently prosecuting or has set- CONDUCT connection with the purchase of a tobacco tled a proceeding relating to the alleged vio- Section 255. APPLICATION OF CHAPTER. product. Parties agree not to sponsor any lation. This chapter is the sole enforcement mecha- athletic, musical, artistic or other social/cul- Section 233. PRIVATE ENFORCEMENT OF nism and exclusive remedy for any claims tural event in which identifiers of tobacco PROTOCOL. A participating manufacturer against any participating manufacturer products are used, although the use of a cor- may also seek a declaratory judgment in which have not reached final judgment or porate number in use in the United States Federal District Court to enforce its rights settlement by the effective date of this act. prior to January 1, 1995 would be permissible. and obligations under the Act, and may also Any court judgment entered subsequent to SUBCHAPTER B—PROVISIONS RELATING TO bring a civil action against other partici- this bill’s enactment shall include express LOBBYING pating manufacturers to enforce or restrain language subjecting the judgment to the act. Section 220. APPLICATION OF SUB- breaches of the contract. In general, no such No bond, penalty, or increased interest shall CHAPTER. The provisions of this subchapter actions may be commenced, however, if the be required in connection with appeal of any will be considered part of the Protocol. Attorney General or applicable State is al- judgment arising under this act. Section 221. AGREEMENT TO PROVI- ready pursuing an action on the same alleged Section 256. LIMITED IMMUNITY. All SIONS RELATING TO LOBBYING. A manu- breach. pending actions against participating manufacturer signing the Protocol must require Section 234. REMOVAL. The Act allows re- facturers whether brought by a State or that any lobbyists it retains will sign an moval to Federal court of state claims which local government entity, as a class action, or agreement consenting to comply with appli- seek to enforce the Protocol. as a civil action based on addition to or de- cable laws and regulations governing tobacco SUBTITLE B—CONSENT DECREES pendence, are hereby terminated. All partici- products, including this Act and the consent Section 241. CONSENT DECREES. For a pating manufacturers are hereby immune decree under this Act, and agreeing not to State to receive funding under Title V, for a from any future action brought by a State or support or oppose any Federal or State legis- manufacturer to receive liability protections local governmental entity, as a class action,

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12587 or as a civil action based on tobacco addic- court of that state if it does not comply with cense persons engaged in the distribution of tion or dependence. Individual personal in- subsection (a)(1) herein. This chapter gov- tobacco products, and describes the proce- jury claims arising from the use of tobacco erns any action by a state which is not in dures which will be used for suspension, rev- are preserved. compliance with subsection (a)(1) herein but ocation, denial and non-renewal of licenses. Section 257. CIVIL LIABILITY FOR PAST is otherwise maintainable in the state. States are required to report annually on CONDUCT. This section applies to all ac- Section 262. REMOVAL. This section compliance with the Act. tions permitted under section 256 for conduct amends the existing code to enact the re- SUBTITLE B—REQUIRED REDUCTION IN before enactment. Punitive damages are pro- moval provisions and give the federal court UNDERAGE USAGE hibited. jurisdiction. Section 311. PURPOSE. Encourages All actions must be brought by individuals Section 263. CONFORMING AMEND- achievement of dramatic and immediate re- and may not be consolidated without con- MENTS. The section conforms existing code ductions in the number of underage consent of defendants. The only means to re- sections with this act. move an action is if a defendant removes it sumers of tobacco through substantial finan- TITLE III—REDUCTION IN UNDERAGE TOBACCO cial surcharges on manufacturers if targets to Federal court. Participating manufactur- USE ers must jointly share in civil liability for are not met. Subtitle A—State Laws Regarding the Sale damages; they shall not be jointly and sever- Section 312. DETERMINATION OF UN- of Tobacco Products to Minors ally liable with non-participating manufac- DERAGE USE BASE PERCENTAGES. Sets Section 301. STATE LAWS REGARDING turers; and actions involving participating forth a methodology for the Secretary of SALE OF TOBACCO PRODUCTS TO INDI- and non-participating manufacturers shall HHS to set base percentages for the calcula- VIDUALS UNDER THE AGE OF 18. Expands be severed. Permissible plaintiffs are individ- tion by age group of children who use to- upon what is popularly known as the ‘‘Synar uals, their heirs, and third-party payers who bacco products. amendment’’ (relating to the sale or dis- Section 313. ANNUAL DAILY INCIDENCE are bringing individual claims for tobacco- tribution of tobacco products to individuals OF UNDERAGE USE OF TOBACCO PROD- related injuries and third-party payers whose under the age of 18) P.L 102–321. UCTS. Five years after enactment, and an- claims are not based on subrogation that Effective in FY 1999 (or FY 2000 for States nually thereafter, the Secretary shall make were pending on June 9, 1997. Defendants with legislatures which do not convene in a determination according to the method- under this section are participating manu- 1999) and thereafter, a State which wishes to ology set out in this section of the average facturers, their successors or assigns, any fu- receive funding under Title V of this Act annual incidence of daily tobacco use by in- ture fraudulent transferees, or any entity for must have in effect a State law consistent dividuals under age 18. suit designated to survive a defunct signa- with the provisions contained in the model Section 314. REQUIRED REDUCTION IN tory. Vicarious liability for agents applies. law described in section 302. A State must UNDERAGE TOBACCO USE. Requires the Subsequent development of reduced risk to- enforce the law systematically and conscien- Secretary to determine if the annual inci- bacco is not admissible or discoverable. Aggregate annual cap is 1/3 of annual pay- tiously and in a manner which can reason- dence of the daily use of tobacco products ex- ments required of all signatories for the year ably be expected to reduce the extent to ceeds the national goals set forth in section involved. Excess amounts shall be paid in the which tobacco products are available to indi- 4. following year. Signatories shall receive viduals under age 18. A State must also cer- Section 315. APPLICATION OF SUR- credit of 80% of amounts paid under judg- tify that enforcement of the law is a pri- CHARGES. If the Secretary determines that ments or settlements for the year involved. ority, conduct random, unannounced inspec- the national goals have not been met in any Any amount awarded over $1,000,000 may be tions to ensure compliance, and annually year following year five, she will make a re- paid in the following year. Each annual pay- transmit to the Trustees a report describing port to Congress outlining changes to the na- ment shall not exceed $1,000,000, unless all its operation of the program. As a funding tional program established in this act that judgments in the first year can be paid with- source for the program, States may use pay- she believes must be undertaken to move the out exceeding the aggregate annual cap. De- ments from the Trust Fund, grants under country toward achievement of the national fendants shall bear their own attorneys’ fees sections 1901 and 1921 of the Public Health goals. The Secretary is authorized to impose and costs. Service Act, license fees or penalties col- a surcharge on cigarette manufacturers of Section 258. CIVIL LIABILITY FOR FU- lected pursuant to this Act, or any other $100 million per percentage point for each of TURE CONDUCT. This section applies to all funding authorized by the State legislature. the first five percentage points by which the actions permitted under section 256 for con- The Trustees are authorized to reduce pay- goal is not met; the surcharge will be $200 duct after enactment. Sections 257(c ) and (e) ments to States for noncompliance. million for each of the next five percentage through (I) shall apply to actions under this Section 302. MODEL STATE LAW. De- points by which the goal is not met, and $300 section. Third-party payor claims not based scribes the provisions of the model state law. million per percentage point for the amount on subrogation shall not be commenced Under that model, a series of conditions are that the goal is not met by eleven or more under this section. There is no prohibition placed on the sale of tobacco to restrict use percentage points. In the case of smokeless for punitive damages under this section. by persons under age 18. It will be unlawful tobacco products, which represent one-sev- Section 259. NON-PARTICIPATING MANU- for a person to distribute a tobacco product enth of youth use of tobacco products, the FACTURERS. This title shall not apply to to an individual under age 18. Persons who potential lookback penalties will be $15 mil- non-signatories to the Protocol and partici- violate this section, and employers of em- lion per applicable percentage point for each pating manufacturers who are 12 months de- ployees who violate the section, are liable of the first five points by which the goal is linquent in payments due pursuant to the for civil penalties. Under the model, it is also not met. The potential surcharge that could act. unlawful for an individual under age 18 to apply would be $30 million and $45 million for Section 260. PAYMENT OF JUDGMENTS purchase, smoke or consume (or attempt the next two five percentage point incre- AND SETTLEMENTS. A participating man- such acts) in a public place. Penalties are ments, respectively. ufacturer may seek injunctive relief in fed- imposed for violations of this provision. Law Five years after the surcharge provisions eral court to stop a state court from enforc- enforcement agencies are required to notify are applicable (the eleventh year after pas- ing a judgment which is unenforceable under promptly the parent(s) or guardians about sage), the surcharge payments will be in- this chapter. The federal court shall issue an such violations. Persons who sell tobacco creased. For cigarettes, the surcharge pay- injunction if the participating manufacturer products at retail must post signs commu- ment will be $250 million for each of the first demonstrates that the judgment or settle- nicating that the sale to individuals under 18 five percentage points that the goal is not ment is unenforceable under this chapter. is prohibited. It is also unlawful for product met and $500 million for each additional per- Section 261. STATE ELIGIBILITY. A state samples or opened packages to be provided to centage point by which the goal is not met. shall be eligible to receive funds under this anyone under 18, or for packages to be dis- (E.g., If cigarette usage failed to meet the act if (1) (by the effective date of the act) it played so that individuals have direct access. applicable target by 6 percentage points, in adopts sections 256 through 259 as unquali- Civil penalties for violations of these re- year 6 the surcharge assessment is $700 mil- fied state law and any defendant in a civil quirements apply. lion, and in year 11 is $1.75 billion.) For action under this act shall have a right to a The model law also requires employers who smokeless tobacco products, the cor- prompt interlocutory appeal to the highest distribute tobacco products at retail to im- responding surcharge amounts will be $30 court of the state to enforce the require- plement a program to ensure that employees million and $60 million, respectively. This ments of state law; and (2) it withdraws and are not distributing tobacco products to mi- section provides an annual cap on surcharge dismisses any claims required to be dis- nors in violation of the preceding require- payments for cigarettes of $5 billion for the missed under section 256. ments. The model also requires appropriate first five years in which the surcharges apply Within 6 months of the effective date of state and local law enforcement officials to under the Act (the sixth year after passage) this act (with special provision for states enforce the Act in a manner reasonably ex- and $10 billion thereafter. For smokeless to- whose legislature do not meet within that pected to reduce the extent to which individ- bacco products, the analogous caps are, $500 time frame), and annually thereafter, the AG uals under age 18 have access to tobacco million and $1 billion, respectively. shall certify that each state eligible to re- products. Under certain conditions, states Any surcharge imposed under this section ceive funds has complied with this section— are authorized to use individuals under age is the joint and several obligation of all par- states not certified shall not receive funds. 18 to test compliance with this act. The Act ticipating manufacturers (subject to the No state claim may be maintained in any also sets forth requirements for states to li- abatement provisions contained in section

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12588 CONGRESSIONAL RECORD — SENATE November 13, 1997 316) as allocated by the market share of each Sec. 902. Tobacco Product Health Risk except in certain limited adult facilities; and manufacturer. Any funds generated under Management Standards. This section directs mail order sales must be accompanied by age this section will be available to the Trust the Secretary to issue regulations, through verification procedures. Fund. routine notice and comment rulemaking pro- Section 907. Tobacco Products Scientific Section 316. ABATEMENT PROCEDURES. cedures and in consultation with public Advisory Committee. This requires the Sec- A manufacturer who becomes subject to any health experts, that establish rigorous con- retary to establish a Tobacco Products Sci- surcharge that might be imposed under sec- trols over the composition of tobacco prod- entific Review Committee to assist in the de- tion 315 must first pay the surcharge, and ucts. These regulations will include provi- velopment and in an on-going assessment of then may petition the Secretary for abate- sions relating both to the protection of con- the effectiveness of the tobacco product ment of the surcharge. The Secretary is re- fidential commercial information and for the health risk management standards required quired to hold a hearing on the abatement public disclosure of the ingredients of to- by section 902, the tobacco product good petition, during which the burden will be on bacco products. manufacturing standards required by section the participating manufacturer to prove by a Such regulations will grant the Secretary 903, the tobacco product labeling, warning, preponderance of the evidence that the man- the authority to issue regulations to assess and packaging standards required by section ufacturer should be granted the abatement. and manage the risks presented by nicotine 904, the reduced risk tobacco product provi- The Secretary will make her decision based and reduce or eliminate constituents of to- sions of section 905, and the tobacco product on criteria described in this section. She bacco products, or to ban tobacco products marketing restrictions required by section may abate all or part of the surcharge, but after the Secretary considers relevant fac- 906. This committee will primarily consist of experts in science, medicine, and public this is totally at her discretion. Judicial re- tors. These factors include: reduction of pub- health but will also include experts in law view of the Secretary’s decision may be lic health risks; capacity of the health care and ethics and include representatives of sought. system to provide effective and accessible treatments to current consumers of tobacco both pro-, and anti- tobacco use groups. Section 317. INCENTIVES FOR EXCEED- Section 908. Report to Congress. Section products; the potential creation of a signifi- ING THE NATIONAL TOBACCO PRODUCTS 908 requires the Secretary to report to Con- cant market for contraband tobacco prod- USE REDUCTION GOALS. In any year, in- gress biennially on the effectiveness of new ucts; and, the technological feasibility of cluding the first five program years, that the Chapter IX and the other relevant provisions manufacturers to modify existing products. ultimate national tobacco product use reduc- of the PROTECT Act, and other relevant tion goals are exceeded (a 60% reduction for Secretarial actions to ban tobacco products laws and policies that relate to the nation’s cigarettes and a 45% reduction for smokeless will require a joint resolution of approval effort to reduce use of, and the health risks tobacco products, tobacco manufacturers from both chambers of the United States associated with, tobacco products. Such re- will be assessed reduced payments. This sec- Congress. port will contain information on current use tion provides that for payments related to Sec. 903. Good Manufacturing Practice patterns and health effects of tobacco prod- cigarettes, for each percentage point by Standards for Tobacco Products. The Sec- ucts with a particular emphasis on use of which the 60% reduction goal has been ex- retary shall issue regulations that specify these products by those under 18 years of ceeded payments will be reduced by a factor the good manufacturing practices (GMP) for age. The Secretary shall also report to the of 1⁄80 per percentage point. (E.g., if cigarette tobacco products. Such regulations will pre- Congress on recommended changes in legis- use dropped by 80% from the base year in a scribe the methods used in, and the facilities lation that will increase the effectiveness. given year, the payment would be reduced by and management controls used for, the man- Section 909. Judicial Review Standards. 20/80th’s, or 25%). The corresponding factor ufacturing of tobacco products. The GMP This new section makes clear that in any ju- for smokeless tobacco products is 1/110 per regulations will contain requirements for dicial proceeding involving the regulations percentage point that the 45% goal is exceed- registration and inspection of the tobacco issued under Chapter IX, the courts will use ed. product manufacturing establishments. procedures, apply standards of review, and The GMP regulations promulgated by the TITLE IV—HEALTH AND SAFETY REGULATION OF grant the degree of deference that it nor- Secretary shall contain provisions relating TOBACCO PRODUCTS mally accords the Secretary under the Fed- to pesticide residue levels and will provide eral Food, Drug, and Cosmetic Act. SUBTITLE A—GENERAL AUTHORITY for an advisory committee to recommend to Section 910. Preemption. This section per- Section 401. Amendments to Definitions the Secretary whether to approve, consistent mits state and local governments to enact Contained in the Federal Food, Drug, and with the public health, petitions for requirements with respect to tobacco prod- Cosmetic Act. This title grants clear juris- variances to the established residue level ucts so long as the state or local require- diction over tobacco products and estab- standards. The GMP requirements estab- ment does not conflict with a requirement of lishes the framework for the Secretary of lished by the Secretary shall include record section 902, 903, 904, or 905. Health and Human Service, acting through keeping and reporting standards for tobacco Section 402. Repeals. This section repeals the Food and Drug Administration, to over- products. the Federal Cigarette Labeling and Adver- see a new comprehensive regulatory system Sec. 904. Tobacco Product Labeling, Warn- tising Act and the Comprehensive Smokeless for tobacco products. ‘‘Tobacco product’’ and ing, and Packaging Standards. Section 904 Tobacco Health Education Act. other relevant terms are defined for the first stipulates new warning statements for both TITLE V—PAYMENTS TO STATES AND PUBLIC time in the FDA’s basic regulatory statute, cigarettes and smokeless tobacco products. HEALTH PROGRAMS the Federal Food, Drug, and Cosmetic Act. Section 904 provides format and type-size re- SUBTITLE A—PAYMENTS TO STATES This section adds two important new prohib- quirements and stipulates rotation schedules Section 501. Reimbursement for State Ex- ited acts to the FD&C statute that make it for tobacco product labels. Section 904 grants penditures. The Trustees will make available illegal to manufacture and market tobacco the Secretary the authority to issue regula- to the states one-half of the Trust Fund products that do not comply with the new tions to revise tobacco product labeling amounts each year (after payments have Tobacco Products chapter, Chapter IX. The statements and exempts tobacco product ex- been allocated for tobacco farmers, Native bill amends the definition of ‘‘drug’’ to give ports from these labeling requirements. Americans, and certain combined asbestos/ FDA authority to regulate tobacco products Sec. 905. Reduced Risk Tobacco Products. tobacco plaintiffs), apportioned state-by- as unapproved drugs if they do not comply This section requires the Secretary to issue state according to a table listed in the Act with new Chapter IX. No change is made in regulations that create incentives for the de- which is based on the State Attorney Gen- the definition of ‘‘medical device’’ and this velopment and commercial distribution of erals’ agreement. The funds will be utilized bill does not contemplate that tobacco prod- reduced risks tobacco products. Under sec- by the States under two sets of conditions. ucts shall be regulated as restricted medical tion 905 manufacturers of new technologies Utilizing the Medicaid matching percentage devices. that reduce the negative health effects of rates, the portion of the funds which would Adds a new Chapter IX to the Federal using tobacco products notify, in confidence, have been attributable to the state matching Food, Drug and Cosmetic Act, which will be the Secretary of such technology. Upon a de- share shall be used by the State for any pur- entitled ‘‘Health and Safety Regulatory Re- termination that an innovation reduces the pose it deems appropriate. Federal subroga- quirements Relating to Tobacco Products. It health risks of tobacco products and is tech- tion is waived, and the amount that other- will contain the following new sections. nologically feasible, the Secretary may re- wise would have been returned to the Fed- Section 900. Definitions. Definitions of the quire that such risk reduction innovations eral government will be retained by the term ‘‘cigarette,’’ ‘‘cigarette tobacco,’’ ‘‘nic- be incorporated, through a licensing pro- State, but may only be used for certain spec- otine,’’ ‘‘smokeless tobacco,’’ ‘‘tar,’’ ‘‘to- gram, into other tobacco products. ified anti-tobacco-related purposes as out- bacco additive,’’ and ‘‘tobacco product’’ will Section 906. Tobacco Product Marketing lined in section 502. be added to the FD&C Act. Restrictions. Section 906 prohibits the sale of Section 502. Requirements for States’ Use Sec. 901. Statement of General Duties. The tobacco products to persons under 18 years of of Certain Funds. As a condition of receiving Secretary of HHS is directed to undertake a age and generally requires retailers to con- funds which otherwise would have been re- number of regulatory activities, detailed in duct sales in a face-to-face manner and to turned to the Federal government, a state section 902 through section 908, in further- verify the age of tobacco purchasers. Under must submit to the Trustees a plan that de- ance of the comprehensive health promotion this section, cigarettes must be sold in pack- scribes the anti-tobacco programs for which and disease prevention program that the ages with no fewer than twenty cigarettes; the funds will be used, the measurable objec- PROTECT Act establishes for tobacco prod- no free samples may be distributed; the tives that will be used to evaluate the pro- ucts. vending machine sales must be eliminated gram outcome, the procedures which will be

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12589 used for outreach, and efforts which are and Drug Administration under this Act. In to be composed of 3 Federal Judges ap- made to coordinate the new programs with carrying out this section, the Secretary may pointed by the Congress, and outlines the existing Federal and State programs. The act under the general authorities provided Panel’s structure, including its basis for de- state must also collect necessary data and under section 301 of the Public Health Serv- termining a dispute, its final decision rule, maintain records to allow the Trustees to ice Act. In carrying out this program the and its assessment of fees policy. Provides evaluate the plan and its effectiveness. State Secretary must act in concert with state and for the Panel to establish a procedure for ac- plans and amendments thereto are deemed to local public health officials and non-govern- celerated review and for a Special Masters. be approved unless disapproved by the Trust- mental organizations and will consider, as Section 703. ENFORCEMENT. Allows the ee within 90 days of submission. Each year, appropriate, the public health recommenda- Attorney General to bring a proceeding be- the State must provide the Trustees with an tions made by the Castano class action fore the Tobacco Documents Dispute Resolu- assessment of the plan, including the effec- plaintiffs. tion Panel with appropriate notice require- tiveness of the plan in reducing the number This section requires the Secretary to un- ments and civil penalty levels. of children and adults who use tobacco prod- dertake a substantial public education pro- TITLE VIII—AGRICULTURAL TRANSITION ucts. In addition, the Trustees will provide gram, including the development and dis- PROVISIONS an annual report on operations of the plan. semination of materials that alert, in the Section 801. SHORT TITLE: ‘‘Tobacco In order to retain the otherwise-Federal most appropriate and effective fashion, the Transition Act.’’ share, States must use the funds for anti-to- public to the risks of tobacco use, with a spe- Section 802. PURPOSES. Terminates the bacco programs in coordination with exist- cial emphasis on materials and techniques federal tobacco program while making coming Federal public health and social services that are targeted to young Americans. The pensation to quota owners and tobacco farm- programs, including child nutrition pro- Secretary is also directed to make a special ers. Provides economic assistance to affected grams, maternal and child health, the State effort to inform current adult users of to- counties through block grants to affected Children’s Health Insurance Program, Head bacco products of the health benefits of ceas- states. Start, school lunch, Indian Health Service, ing use of these products. Among the public Section 803. DEFINITIONS. Defines perti- Community Health Centers, Ryan White, and education and information techniques au- nent terms used in Title VIII. social services block grant. States may also thorized by this section is a publicly fi- use these funds for smoking cessation pro- nanced nationally directed counter-adver- SUBTITLE A—TOBACCO PRODUCTION TRANSITION grams that reimburse for medications or tising campaign. The Secretary is also di- CHAPTER 1—TOBACCO TRANSITION CONTRACTS other therapeutic techniques, and anti-to- rected to develop and make available a Section 811. TOBACCO TRANSITION AC- bacco products public education programs, model state anti-tobacco use and tobacco COUNT. Establishes the Tobacco Transition including counter-advertising campaigns. cessation program. Account within the Trust Fund. Through SUBTITLE B—PUBLIC HEALTH PROGRAMS Section 522 directs the Secretary to make this account, compensation will be made to available at least one half the funds avail- Section 521. National Institutes of Health quota owners and tobacco farmers. Economic able under this section through section Trust Fund for Health Research. A National assistance block grants to affected states 101(c)(3)(C) to states in the form of vountary Institutes of Health Trust Fund for Health will also be provided through the Transition anti-tobacco use and tobacco cessation pro- Research is established which reflects the Account. gram block grants. Eligible activities for settlement of punitive damages for past rep- Section 812. OFFER AND TERMS OF TO- this block grant will be the same as those rehensible behavior of the tobacco industry. BACCO TRANSITION CONTRACTS. The specified under 502(e). To the extent possible, This punitive damages fund will be funded Secretary of Agriculture shall offer to buy the Secretary will harmonize the program from the National Settlement Trust Fund, tobacco quotas from owners through a three- management requirements under sections 502 and overall funding will amount to $95 bil- year payment period. All restrictions on the and 522. The formula for the block grant will lion over the first 25 years. In year 5 and production and marketing of tobacco will be be devised by the Secretary but shall include thereafter, a total of $4 billion annually will lifted in 1998, ending the tobacco quota pro- such relevant factors as the number of chil- be available under this section, subject to gram. dren residing in each participating state. any required adjustments due to inflation, Section 813. ELEMENTS OF CONTRACTS. sales volume adjustments, and look-back TITLE VI - STANDARDS TO REDUCE Within 90 days of enactment of this legisla- penalties. INVOLUNTARY EXPOSURE TO TOBACCO SMOKE tion, the Secretary to offer contracts to Section 521(e) requires the Director of the Section 601. DEFINITIONS. Defines perti- quota owners until June 31, 1999. Buyout National Institutes of Health, in consulta- nent terms used in this section. payments and transition payments shall tion with leading experts, to devise a Na- Section 602. SMOKE-FREE ENVIRON- start at the beginning of the 1999 marketing tional Tobacco and Other Abused Sustances MENT POLICY. Requires a public facility to year and end at the end of the 2001 mar- Research Agenda. Funds provided under this implement a smoke-free environment policy, keting year. section are expended as follows: NIH Direc- which prohibits tobacco use within the facil- Section 814. BUYOUT PAYMENTS TO tor’s Discretionary Fund, 2%; Research Fa- ity and on facility property within the im- OWNERS. During the three-year phaseout cilities, 2%; health information communica- mediate vicinity of the facility’s entrance. period, buyout payments will be made to tions, 1%; national cancer research and dem- Requires the policy to be posted in a clear quota owners as a compensation for the lost onstration centers under section 414 of the and prominent manner. Exceptions are value they experience associated with the Public Health Service Act, 10%; and, the re- granted to facilities which meets the re- ending of the quota program. The payments maining 85% shall be allocated to the estab- quirements of a Specially Designated Smok- will be determined by multiplying $8.00 by lished Institutes, Centers, and Divisions of ing Area. No exception would be granted for the average annual quantity of quota owned NIH in the same proportion as the annual ap- restaurants, prisons, and congressional office during the 1995–1997 crop years. propriations bill for NIH. Eligible research buildings and the Capitol Building. There are Section 815. TRANSITION PAYMENTS TO are stipulated in section 521(d)(2) and include special rules for schools and other facilities PRODUCERS. Provides assistance to farmers diseases associated with tobacco use includ- serving children. who do not own quotas but who leased from ing cancer, cardiovascular diseases, and Section 603. PREEMPTION. Precludes pre- quota owners during three of the last four stroke. emption of any other Federal, State, or local years. Transition payments only apply to Section 522. National Anti-Tobacco Prod- law in this area. the leased portion of the recipient’s crop and uct Consumption and Tobacco Product Ces- Section 604. REGULATIONS. Sets a 6- will constitute a compensation to the pro- sation Public Health Program. Under this month period to promulgate the title’s regu- ducer for lost revenue caused by this act. section, with the funds specified in section lations. The payments shall be determined by multi- 101(c)(3)(C) of Title I of this Act, the Sec- Section 605. EFFECTIVE DATE. Sets an plying 40 cents by the average quantity of retary shall establish and implement a na- effective date of 6 months after the date the tobacco produced during the three years of tional anti-tobacco product consumption and rules are promulgated, or 1 year after date of the transition period. tobacco product cessation program. This pro- Act’s enactment, whichever is later. Section 816. TOBACCO WORKER TRANSI- gram will be coordinated by the Office of TITLE VII—PUBLIC DISCLOSURE OF HEALTH TION PROGRAM. Establishes a retraining Smoking and Health of the Centers for Dis- RESEARCH program for displaced tobacco workers in- ease Control and Prevention. In year 6 and Section 701. PURPOSE. Sets the purpose of volved in the manufacture, processing or thereafter, a total of $4 billion annually will this title to disclose previously nonpublic or warehousing of tobacco or tobacco products. be available under this section, subject to confidential documents by tobacco product Patterned after the NAFTA Trade Adjust- any required adjustments due to inflation, manufacturers. ment Assistance program, the Governor and sales volume adjustments, and look-back Section 702. NATIONAL TOBACCO DOCU- then the Secretary of Labor shall determine penalties. MENT DEPOSITORY. Establishes a National a group’s eligibility for the program. The The Secretary may use funds under this Tobacco Document Depository which will be total amount of payments for the Tobacco section to offset HHS’ administrative costs used as a resource for litigants, public health Worker Transition Program is capped at in carrying out the public health compo- groups, and other interested parties and $50,000,000 for any fiscal year, and after ten nents of the PROTECT Act, including the ad- which will contain documents described in years the program will be terminated. Any ditional costs attributable to the new regu- the statute. The section also creates a To- individual receiving tobacco quota buyout latory responsibilities placed on the Food bacco Documents Dispute Resolution Panel, payments are ineligible for this program.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12590 CONGRESSIONAL RECORD — SENATE November 13, 1997 Section 817. FARMER OPPORTUNITY in accordance with a plan submitted and ap- They have had a positive impact, and GRANTS. Amends the Higher Education Act proved by the Secretary as in compliance we have maintained viable migratory of 1965 to establish a grant payment for to- with the Act. bird populations despite the loss of nat- bacco farmers and their families to pay for A participating tobacco manufacturer ural habitat because of human activi- shall not engage in any activity within In- higher education. Grants will be made in the ties. amount of $1,700 per year, rising to $2,900 an- dian country that is prohibited under the nually by 2019. Academic eligibility require- Protocol. A state may not impose obliga- Since passage of the Migratory Bird ments will mirror the standards regulating tions or requirements relating to the appli- Treaty Act and development of the reg- Pell Grants. Receipt of a Farmer Oppor- cation of this Act to Indian tribes and orga- ulatory program, several issues have tunity Grant will not affect a student’s eligi- nizations. been raised and resolved. One has not— bility to receive other income-based assist- Recognizing that tobacco use remains a the issue concerning the hunting of mi- ance. significant risk factor for Indians and that gratory birds ‘‘[b]y the aid of baiting, cigarette smoking is more than twofold for CHAPTER 2—RURAL ECONOMIC ASSISTANCE or on or over any baited area.’’ Indian men and more than fourfold for In- BLOCK GRANTS A doctrine has developed in the fed- dian women over non-Indians, a supple- Section 821. Rural Economic Assistance mental fund is established for the Indian eral courts by which the intent or Block Grants. For each of the three years of Health Service to raise the health status of knowledge of a person hunting migra- the transition period, 1999 through 2001, the Indians. The fund is established at $5 billion tory birds on a baited field is not an Secretary shall provide block grants to to- to be allotted to IHS at increments of $200 issue. If bait is present, and the hunter bacco growing states to assist areas that are million annually for 25 years. is there, he is guilty under the doctrine largely dependent on tobacco production. Section 902. WHISTLEBLOWER PROTEC- of strict liability. It is not relevant The grants will total $100 million for each of TIONS. A tobacco manufacturer or dis- that the hunter did not know or could the three years, with a total cost of $300 mil- tributor may not retaliate against an em- lion. The amount of each state’s block grant not have known bait was present. I ployee for disclosing a substantial violation question the basic fairness of this rule. will be based on (1) the number of counties of law related to this Act to the Secretary, within the state dependent on tobacco pro- the Department of Justice, or any State or Mr. President, I do not want anyone duction and (2) the extent to which the coun- local authority. Said employee may file a to misunderstand me. I strongly sup- ties are dependent on tobacco production. civil action in federal court if he believes port the Migratory Bird Treaty Act. The Governor shall use a similar formula to such retaliation has occurred (within two We must protect our migratory bird re- apportion the state’s grant to the counties. years of the retaliation). The court may sources from overexploitation. I would Use of the grants by the counties shall be ap- order reinstatement of the employee, order not weaken the Act’s protections. proved by the Governor. compensatory damages, or other appropriate The fundamental goal of the Migra- SUBTITLE B—TOBACCO PRICE SUPPORT AND remedies. Employees who deliberately par- tory Bird Treaty Reform Act is to ad- PRODUCTION ADJUSTMENT PROGRAMS ticipate in the violation or knowingly pro- dress the baiting issue. It is the result CHAPTER 1—TOBACCO PRICE SUPPORT PROGRAM vide false information are excluded from this of months of negotiation by the Inter- section. Section 831. INTERIM REFORM OF TO- national Association of Fish and Wild- BACCO PRICE SUPPORT PROGRAM. Section 903. LIMITED ANTITRUST EX- EMPTION. Federal and state antitrust laws life Agencies’ Ad Hoc Committee on Amends Section 106 of the Agricultural Act Baiting. The Committee has represent- of 1949 to phase out the tobacco price support shall not apply to certain actions by manu- program over the four years following the facturers, which are taken pursuant to this atives from each of the migratory enactment of this act. In 1999, the price sup- Act, including entering into the Protocol or flyways, Ducks Unlimited, the Na- ports will decline by 25% and then by 10% in consent decree, refusing to deal with non- tional Wildlife Federation, and the 2000 and in 2001, after which the price support complying distributors, or other actions North American Wildlife Enforcement program will be terminated. meant to comply with plans or programs to Officers Association. Section 832. TERMINATION OF TOBACCO reduce the use of tobacco by children. In Under this legislation, no person may order for the exemption to apply, such plans PRICE SUPPORT PROGRAM. Amends Sec- take migratory birds by the aid of bait, tion 101 of the Agricultural Act of 1949 to re- or programs must be approved by the Attor- ney General pursuant to a process set forth or on or over bait, where that person peal the tobacco price support program after knew or should have known the bait 2001. in this section. Section 904. EFFECTIVE DATE. The effec- was present. It removes the strict li- CHAPTER 2—TOBACCO PRODUCTION ADJUSTMENT tive date will be the date of enactment. ability interpretation presently fol- PROGRAMS lowed by federal courts. In its stead, it Section 835. TERMINATION OF TOBACCO By Mr. BREAUX (for himself and establishes a standard that permits a PRODUCTION ADJUSTMENT PROGRAMS. Mr. COCHRAN): determination of the actual guilt of the Amends the Agricultural Adjustment Act of S. 1533. A bill to amend the Migra- 1938 to exclude tobacco from the provisions defendant. If the facts show the hunter tory Bird Treaty Act to clarify restric- knew or should have known of the bait, of the Act, effectively ending the Tobacco tions under that act of baiting, and for Production Adjustment Program. liability, which includes fines and pos- other purposes; to the Committee on sible incarceration, would be imposed. SUBTITLE C—FUNDING Environment and Public Works. Section 841. TRUST FUND. Provides for However, if the facts show the hunter THE MIGRATORY BIRD TREATY REFORM ACT the transfer of funds from Tobacco Transi- could not have reasonably known bait tion Account (in the Trust Fund) to the Mr. BREAUX. Mr. President, I am was present, the court would not im- Commodity Credit Corporation (CCC). pleased to join with the distinguished pose liability or assess penalties. This Section 842. COMMODITY CREDIT COR- senior Senator from the State of Mis- is a question of fact determined by the PORATION. Allows the Secretary to use the sissippi, Senator COCHRAN, in intro- court based on the evidence presented. CCC in carrying out the provisions of this ducing the Migratory Bird Treaty Re- This legislation would require the title. form Act. I believe it is legislation all U.S. Fish and Wildlife Service to pub- TITLE IX—MISCELLANEOUS PROVISIONS of our colleagues should support. lish, in the Federal Register, a notice Section 901. PROVISIONS RELATING TO As members of the Migratory Bird for public comment defining what is a NATIVE AMERICANS. Provides that the re- Conservation Commission, Senator normal agricultural operation for that quirements of this Act relating to the manu- COCHRAN and I recognize the impor- geographic area. The Service would facturer, distribution and sale of tobacco tance of protecting and conserving mi- products will apply on Indian lands as de- make this determination after con- fined in section 1151 of title 18 of the U.S. gratory bird populations and habitat. sultation with state and federal agen- Code. Any federal tax or fee imposed on the Eighty years ago, Congress enacted cies and an opportunity for public com- manufacture, distribution or sale of tobacco the Migratory Bird Treaty Act, which ment. The purpose of this provision is products will be paid by any Indian tribe en- implemented the 1916 Convention for to provide guidance for landowners, gaged in such activities, or by persons en- the Protection of Migratory Birds be- farmers, wildlife managers, law engaged in such activities on such Indian tween Great Britain, for Canada, and forcement officials, and hunters so lands, to the same extent such tax applies to the United States. Since then, the they know what a normal agricultural other entities. United States, Mexico, and the former operation is for their region. The Secretary, in consultation with the Soviet Union have signed similar Secretary of the Interior, is authorized to The goal of the Migratory Bird Trea- treat Indian tribes as a state for purposes of agreements. The Convention and the ty Reform Act is to provide guidance this Act. The Secretary is authorized to pro- Act are designed to protect and man- to landowners, farmers, wildlife man- vide any such tribe grant assistance to carry age migratory birds and regulate the agers, hunters, law enforcement offi- out the licensing and enforcement functions taking of that renewable resource. cials, and the courts on the restrictions

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12591 on the taking of migratory birds. It ac- ‘‘(2) Nothing in this subsection prohibits hunting season, such an alteration occurring complishes that without weakening the any of the following: before the 10-day period preceding the open- intent of current restrictions on the ‘‘(A) The taking of any migratory game ing date (as published in the Federal Reg- bird, including waterfowl, from a blind or method and manner of taking migra- ister) of that first regular season. other place of concealment camouflaged ‘‘(B) The term ‘baited area’ means any area tory birds; nor do the proposed provi- with natural vegetation. that contains salt, grain, or other feed re- sions weaken protection of the re- ‘‘(B) The taking of any migratory game ferred to in subparagraph (A)(i) that was source. bird, including waterfowl, on or over— placed in that area by baiting. Such an area Mr. President, I urge my colleagues ‘‘(i) standing crops, flooded standing crops shall remain a baited area for 10 days fol- to join us in supporting this important (including aquatics), flooded harvested crop- lowing complete removal of such salt, grain, legislation, and I ask unanimous con- lands, grain crops properly shocked on the or other feed. sent that the full text of this legisla- field where grown; or ‘‘(C) The term ‘accepted agricultural plant- ‘‘(ii) grains, agricultural seeds, or other ing, harvesting, and manipulation after har- tion be printed in the RECORD. feed scattered solely as a result of— There being no objection, the bill was vest’ means techniques of planting, har- ‘‘(I) accepted soil stabilization practices or vesting, and manipulation after harvest that ordered to be printed in the RECORD, as accepted agricultural planting, harvesting, are— follows: or manipulation after harvest; or ‘‘(i) used by agricultural operators in the S. 1533 ‘‘(II) entering or exiting of areas by hunt- area for agricultural purposes; and Be it enacted by the Senate and House of Rep- ers or normal hunting activities such as ‘‘(ii) approved by the State fish and wild- resentatives of the United States of America in decoy placement or bird retrieval, if reason- life agency after consultation with the Coop- Congress assembled, able care is used to minimize the scattering erative State Research, Education, and Ex- SECTION 1. SHORT TITLE. of grains, agricultural seeds, or other feed. tension Service, the Natural Resources Con- This Act may be cited as the ‘‘Migratory ‘‘(C) The taking of any migratory game servation Service, and the United States Bird Treaty Reform Act’’. bird, except waterfowl, on or over any lands Fish and Wildlife Service. where salt, grain, or other feed has been dis- ‘‘(D) The term ‘accepted agricultural oper- SEC. 2. FINDINGS. tributed or scattered as a result of— The Congress makes the following findings: ations or procedures’ means techniques that ‘‘(i) accepted soil stabilization practices; (1) The Migratory Bird Treaty Act was en- are— ‘‘(ii) accepted agricultural operations or ‘‘(i) used by agricultural operators in the acted in 1918 to implement the 1916 Conven- procedures; or tion for the Protection of Migratory Birds area for agricultural purposes; and ‘‘(iii) the alteration for wildlife manage- ‘‘(ii) approved by the State fish and wild- between the United States and Great Britain ment purposes of a crop or other feed on the (for Canada). The Act was later amended to life agency after consultation with the State land where it was grown, other than distribu- Cooperative State Research, Education, and reflect similar agreements with Mexico, tion of grain or other feed after the grain or Japan, and the former Soviet Union. Extension Service, the State Office of the other feed is harvested or removed from the Natural Resources Conservation Service, and (2) Pursuant to the Migratory Bird Treaty site where it was grown. the United States Fish and Wildlife Service. Act, the Secretary of the Interior is author- ‘‘(3) As used in this subsection: ‘‘(E) The term ‘accepted soil stabilization ized to promulgate regulations specifying ‘‘(A)(i) Except as otherwise provided in this when, how, and whether migratory birds may Act, the term ‘baiting’ means the inten- practices’ means techniques that are— be hunted. tional or unintentional placement of salt, ‘‘(i) used in the area solely for soil sta- (3) Contained within these regulations are grain, or other feed capable of attracting mi- bilization purposes, including erosion con- prohibitions on certain methods of hunting gratory game birds, in such a quantity and trol; and migratory game birds to better manage and in such a manner as to serve as an attractant ‘‘(ii) approved by the State fish and wild- conserve this resource. These prohibitions, to such birds to, on, or over an area where life agency after consultation with the State many of which were recommended by sports- hunters are attempting to take them, by— Cooperative State Research, Education, and men, have been in place for over 60 years and ‘‘(I) placing, exposing, depositing, distrib- Extension Service, the State Office of the have received broad acceptance among the uting, or scattering salt, grain, or other feed Natural Resources Conservation Service, and hunting community with one principal ex- grown off-site; the United States Fish and Wildlife Service. ception relating to the application and inter- ‘‘(II) redistributing grain or other feed ‘‘(F) With respect only to planted millet or pretation of the prohibitions on the hunting after it is harvested or removed from the site other vegetation (as designated in migratory of migratory game birds by the aid of bait- where grown; bird hunting regulations issued by the Sec- ing, or on or over any baited area. ‘‘(III) altering agricultural crops, other retary of the Interior) planted for non- (4) The prohibitions regarding the hunting than by accepted agricultural planting, har- agricultural purposes, the term ‘planted’— of migratory game birds by the aid of bait, vesting, or manipulation after harvest, alter- ‘‘(i) subject to clause (ii), means sown with or on or over bait, have been fraught with in- ing millet planted for nonagricultural pur- seeds that have been harvested; and terpretive difficulties on the part of law en- poses (planted millet), or altering other ‘‘(ii) does not include alteration of mature forcement, the hunting community, and vegetation (as specified in migratory bird stands of planted millet or of such other courts of law. Hunters who desire to comply hunting regulations issued by the Secretary vegetation planted for nonagricultural pur- with applicable regulations have been sub- of the Interior) planted for nonagricultural poses. ject to citation for violations of the regula- purposes; or ‘‘(G) The term ‘migratory game bird’ tions due to the lack of clarity, inconsistent ‘‘(IV) gathering, collecting, or concen- means any migratory bird included in the interpretations, and enforcement. The bait- trating natural vegetation, planted millet, term ‘migratory game birds’ under part 20.11 ing regulations have been the subject of mul- or other vegetation (as specified in migra- of title 50, Code of Federal Regulations, as in tiple congressional hearings and a law en- tory bird hunting regulations issued by the effect October 3, 1997.’’. forcement advisory commission. Secretary of the Interior) planted for non- SEC. 4. PENALTIES. (5) Restrictions on the hunting of migra- agricultural purposes, following alteration Section 6(c) of the Migratory Bird Treaty tory game birds by the aid of baiting, or on or harvest. Act (16 U.S.C. 707(c)) is amended as follows: or over any baited area, must be clarified in ‘‘(ii) The term ‘baiting’ does not include— (1) By striking ‘‘All guns,’’ and inserting a manner that recognizes the national and ‘‘(I) redistribution, alteration, or con- ‘‘(1) Except as provided in paragraph (2), all international importance of protecting the centration of grain or other feed caused by guns’’. migratory bird resource while ensuring con- flooding, whether natural or man induced; or (2) By adding the following at the end: sistency and appropriate enforcement in- ‘‘(II) alteration of natural vegetation on cluding the principles of ‘‘fair chase’’. the site where grown, other than alteration ‘‘(2) In lieu of seizing any personal property not crucial to the prosecution of the al- SEC. 3. CLARIFYING HUNTING PROHIBITIONS. described in clause (i)(IV). Section 3 of the Migratory Bird Treaty Act ‘‘(iii) With respect only to the taking of leged offense, the Secretary of the Interior (16 U.S.C. 704) is amended— waterfowl, the term ‘baiting’— shall permit the owner or operator of the personal property to post bond or other col- (1) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and ‘‘(I) does not include, with respect to the (2) by adding at the end the following: first special September waterfowl hunting lateral pending the disposition of any pro- ‘‘(b)(1) No person shall— season locally in effect or any subsequent ceeding under this Act.’’. ‘‘(A) take any migratory game bird by the waterfowl hunting season, an alteration of aid of baiting, or on or over any baited area, planted millet or other vegetation (as speci- By Mr. TORRICELLI: where the person knows or reasonably should fied in such regulations), other than an al- S. 1534. A bill to amend the Higher have known that the area is a baited area; or teration described in clause (i)(IV), occurring Education Act of 1965 to delay the com- ‘‘(B) place or direct the placement of bait before the 10-day period preceding the open- mencement of the student loan repay- on or adjacent to an area for the purpose of ing date (as published in the Federal Reg- causing, inducing, or allowing any person to ister) of that first special season; and ment period for certain students called take or attempt to take any migratory game ‘‘(II) does not include, with respect to the to active duty in the Armed Forces; to bird by the aid of baiting or on or over the first regular waterfowl hunting season lo- the Committee on Labor and Human baited area. cally in effect or any subsequent waterfowl Resources.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12592 CONGRESSIONAL RECORD — SENATE November 13, 1997 THE VETERANS’ STUDENT LOAN DEFERMENT ACT S. 1534 capped at the current world price of OF 1997 Be it enacted by the Senate and House of Rep- $350 per ton. Mr. TORRICELLI: Mr. President, I resentatives of the United States of America in In determining quotas for the crop Congress assembled, rise today to introduce the Veterans’ years 1998 through 2001, the Secretary Student Loan Deferment Act of 1997. SECTION 1. DELAY IN COMMENCEMENT OF RE- PAYMENT PERIOD. would be required to consult with rep- This important legislation will amend resentatives of the entire industry. The the Higher Education Act to preserve (a) FEDERAL STAFFORD LOANS AND FEDERAL DIRECT STAFFORD/FORD LOANS.—Section Secretary would also be required to the 6-month grace period for repay- 428(b)(7) of the Higher Education Act of 1965 consider stocks in Commodity Credit ment of federal student loans for re- (20 U.S.C. 1078(b)(7)) is amended by adding at Corporation’s inventory at the begin- servists who have been called into ac- the end the following: ning of the new crop year as well as a tive duty. ‘‘(D) There shall be excluded from the 6 reasonable carryover to permit orderly Throughout my career as a public of- month period that begins on the date on marketing at the end of the crop year. ficial, I have always supported the which a student ceases to carry at least one- brave men and women who serve our half the normal full-time academic workload The bill also authorizes the complete nation in the Reserve Components. as described in subparagraph (A)(i) any pe- sale, lease or transfer of poundage These forces represent all 50 States and riod not to exceed 3 years during which a quotas across county and state lines. It borrower who is a member of a reserve com- four territories, and truly embody our abolishes the current limitation that ponent of the Armed Forces named in sec- now restricts sales, leases, and trans- forefathers’ vision of the American cit- tion 10101 of title 10, United States Code, is izen-soldier. Reservists are active par- called or ordered to active duty for a period fers to no more than 40 percent of the ticipants in the full spectrum of U.S. of more than 30 days (as defined in section total poundage quota in the county military operations, from the smallest 101(d)(2) of such title).’’. within a state. of contingencies to full-scale theater (b) FEDERAL PERKINS LOANS.—Section Under current law, additional pea- war, and no major operation can be 464(c) of the Higher Education Act of 1965 (20 nuts (those produced in excess of the U.S.C. 1087dd(c)) is amended by adding at the successful without them. end the following: farmers’ poundage quota) may only be However, under current law, students ‘‘(7) There shall be excluded from the 9 sold for export or crushing. The bill who receive orders to serve with our month period that begins on the date on would permit additional peanuts to military in places like Bosnia are re- which a student ceases to carry at least one- also be used for sale to the Department turning home to discover that they half the normal full-time academic workload of Defense, as well as to other federal, have lost the six month grace period on as described in paragraph (1)(A) any period state or local government agencies, in- their federal student loans and must not to exceed 3 years during which a bor- cluding for use in the school lunch pro- begin making repayments imme- rower who is a member of a reserve compo- gram. nent of the Armed Forces named in section diately. I believe it is patently unfair 10101 of title 10, United States Code, is called Mr. President, the federal peanut and inconsistent with our increased re- or ordered to active duty for a period of more program is an anachronism. Born in liance on the Reserve Forces to call up than 30 days (as defined in section 101(d)(2) of the 1930’s during an era of massive these students to serve in harm’s way such title).’’. change and dislocation in agriculture, and, at the same time, to keep the the program is sorely out of place in By Mr, SANTORUM (for himself, clock running on the six month grace today’s vibrant agricultural sector. Mr. LAUTENBERG, Mr. DEWINE, period for paying-back student loans. While other farm commodities are Mr. CHAFEE, Mr. COATS, Mr. Enactment of my legislation would seeking new export opportunities GREGG, Mr. FEINGOLD, and Mr. eliminate this serious inequity con- abroad, building new markets and help- SPECTER): fronting students in the Reserves. ing to improve our national balance of S. 1535. A bill to provide marketing Mr. President, hundreds upon hun- trade; the peanut industry is building quotas and a market transition pro- dreds of New Jerseyans have been in- new barriers to protect its rapidly di- gram for the 1997 through 2001 crops of volved in Operation Joint Endeavor in minishing industry. Certainly imports quota and additional peanuts, to termi- Bosnia to date. Many of these coura- are a factor, but the true threat to nate marketing quotas for the 2002 and geous individuals had to withdraw from America’s peanut farmer is the very subsequent crops of peanuts, and to classes in order to serve their nation in quota system that he so stubbornly make nonrecourse loans available to uniform. Although the Department of protects. Industry statistics show that peanut producers for the 2002 and sub- Education can grant deferments to the quota program is causing the de- sequent crops of peanuts, and for other these students, federal law prohibits mand for peanuts to fall sharply. The purposes; to the Committee on Agri- reinstating their grace period, so inter- quota system stifles freedom for farm- culture, Nutrition, and Forestry. est continues to accrue on their loans ers, and it fosters a set of economic ex- whenever they are not attending class- THE PEANUT PROGRAM IMPROVEMENT ACT OF pectations that cannot be sustained 1997 es. It is important to note that this without continued government inter- Mr. SANTORUM. Mr. President, I legislation will not provide these vet- vention. Moreover, failure to reform rise to introduce legislation that will erans with any special treatment or this program costs consumers $500 mil- phase out the peanut quota program benefit. My legislation will simply lion annually, and adds to the cost of over 6 years, with the quota system guarantee that the repayment status feeding programs for low-income Amer- being eliminated beginning in crop on their student loans will be the same icans. when they return home as when they year 2002. I am joined in this effort by left for service. my colleague from New Jersey, Mr. This program must be changed. As I feel very strongly that students LAUTENBERG, as well as other original sponsors of this measure, however, my should not be punished for serving in cosponsors. colleagues and I recognize that the pea- the Reserves, and believe that when Under our legislation, the price sup- nut program cannot be repealed over- they are called to serve our country, port for peanuts grown for edible con- night. That is why we are proposing a their focus should be on the mission, sumption is gradually reduced each fair transition period to enable farmers not on the status of their student year from the current support price of and lenders to adjust their expecta- loans. I am proud to offer this legisla- $610 per ton to $445 per ton by 2001. In tions to the marketplace. Following tion on behalf of the hundreds of thou- the year 2002 and ensuing years, there completion of the phase-out period, the sands of Reservists in the United would be no quotas on peanuts and the peanut program will operate like most States, and look forward to working Secretary of Agriculture would be re- other agricultural commodities. with my colleagues to ensure its pas- quired to make non-recourse loans I am pleased that Senators DEWINE, sage. I ask unanimous consent that the available to all peanut farmers at 85 CHAFEE, COATS, GREGG, and FEINGOLD text of the bill be printed in the percent of their estimated market have joined Senator LAUTENBERG and I RECORD. value, consistent with the non-recourse as original sponsors of this measure, There being no objection, the bill was loan program available for other agri- and I encourage my colleagues to sup- ordered to be printed in the RECORD, as cultural commodities. In year 2002, and port swift enactment of this important follows: thereafter, the non-recourse loan is legislation.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12593 By Mr. TORRICELLI (for himself to fund an information clearinghouse (D) Between 3 and 4 million Americans and Ms. SNOWE) and $50,000,000 in each fiscal year 1999 have Paget’s disease, osteogenesis S. 1536. A bill to amend the Public through 2001 for the National Institutes imperfecta, hyperparathyroidism, and other Health Service Act and Employee Re- of Health to expand and intensify its related metabolic bone diseases. tirement Income Security Act of 1974 effort to combat osteoporosis and other (3) IMPACT OF OSTEOPOROSIS.—The cost of to require that group and individual bone-related diseases. treating osteoporosis is significant: health insurance coverage and group Funding for research on osteoporosis (A) The annual cost of osteoporosis in the health plans provide coverage for and related bone diseases is severely United States is $13.8 billion and is expected qualified individuals for bone mass constrained at key research institutes to increase precipitously because the propor- like the National Institute on Aging. tion of the population comprised of older measurement (bone density testing) to persons is expanding and each generation of prevent fractures associated with Further research is needed to improve prevention and treatment of these dev- older persons tends to have a higher inci- osteoporosis and to help women make dence of osteoporosis than preceding genera- astating diseases. informed choices about their reproductions. tive and post-menopausal health care, Money spent now on prevention and treatment will help defray the enor- (B) The average cost in the United States and to otherwise provide for research of repairing a hip fracture due to mous costs of these diseases in the fu- and information concerning osteopor- osteoporosis is $32,000. osis and other related bone diseases; to ture. Currently, osteoporosis costs the (C) Fractures due to osteoporosis fre- the Committee on Labor and Human United States $13,000,000,000 every year. quently result in disability and institu- Resources. The average cost of repairing a hip tionalization of individuals. fracture, a common effect of THE EARLY DETECTION AND PREVENTION OF (D) Because osteoporosis is a progressive osteoporosis, is $32,000. condition and affects primarily aging indi- OSTEOPOROSIS AND RELATED BONE DISEASES Because osteoporosis is a progressive ACT OF 1997 viduals, reductions in the incidence or sever- Mr. TORRICELLI. Mr. President, I condition and affects primarily aging ity of osteoporosis, particularly for post rise today to introduce the Early De- individuals, reductions in the incidence menopausal women before they become eligi- or severity of osteoporosis will likely tection and Prevention of Osteoporosis ble for medicare, has a significant potential significantly reduce osteoporosis-re- and Related Bone Diseases Act of 1997 of reducing osteoporosis-related costs under lated costs under the Medicare pro- along with my colleague from Maine, the medicare program. gram. (4) USE OF BONE MASS MEASUREMENT.— Ms. SNOWE. Medical experts agree that (A) Bone mass measurement is the only re- Osteoporosis and other related bone osteoporosis and related bone diseases diseases pose a major public health liable method of detecting osteoporosis at an are highly preventable. However, if the early stage. threat. More than 28 million Ameri- toll of these diseases is to be reduced, (B) Low bone mass is as predictive of fu- cans, 80 percent of whom are women, the commitment to prevention and ture fractures as is high cholesterol or high suffer from, or are at risk for, treatment must be significantly in- blood pressure of heart disease or stroke. osteoporosis. Between three and four creased. With increased research and (C) Bone mass measurement is a non- million Americans suffer from related access to preventive testing, the future invasive, painless, and reliable way to diag- bone diseases like Paget’s disease or for definitive treatment and prevention nose osteoporosis before costly fractures osteogenesis imperfecta. Today, in the is bright. occur. United States, 10 million individuals Mr. President, I ask unanimous con- (D) Under section 4106 of the Balanced already have osteoporosis and 18 mil- sent that the text of the bill be printed Budget Act of 1997, Medicare will provide lion more have low bone mass, placing in the RECORD. coverage, effective July 1, 1998, for bone mass them at increased risk. There being no objection, the bill was measurement for qualified individuals who Osteoporosis is often called the ‘‘si- ordered to be printed in the RECORD, as are at risk of developing osteoporosis. lent disease’’ because bone loss occurs follows: (5) RESEARCH ON OSTEOPOROSIS AND RE- without symptoms. People often do not S. 1536 LATED BONE DISEASES.— know they have osteoporosis until Be it enacted by the Senate and House of Rep- (A) Technology now exists, and new tech- their bones become so weak that a sud- resentatives of the United States of America in nology is developing, that will permit the den bump or fall causes a fracture or a Congress assembled, early diagnosis and prevention of vertebra to collapse. Every year, there SECTION 1. SHORT TITLE; FINDINGS. osteoporosis and related bone diseases as well as management of these conditions once are 1.5 million bone fractures caused by (a) SHORT TITLE.—This Act may be cited as the ‘‘Early Detection and Prevention of they develop. osteoporosis. Half of all women, and Osteoporosis and Related Bone Diseases Act (B) Funding for research on osteoporosis one-eighth of all men, age 50 or older, of 1997’’. and related bone diseases is severely con- will suffer a bone fracture due to (b) FINDINGS.—Congress makes the fol- strained at key research institutes, includ- osteoporosis. lowing findings: ing the National Institute of Arthritis and (1) NATURE OF OSTEOPOROSIS.— Osteoporosis is a progressive condi- Musculoskeletal and Skin Diseases, the Na- (A) Osteoporosis is a disease characterized tion that has no known cure; thus, pre- tional Institute on Aging, the National Insti- vention and treatment are key. The by low bone mass and structural deteriora- tion of bone tissue leading to bone fragility tute of Diabetics and Digestive and Kidney Early Detection and Prevention of and increased susceptibility to fractures of Diseases, the National Institute of Dental Osteoporosis and Related Bone Dis- the hip, spine, and wrist. Research, and the National Institute of Child eases Act of 1997 seeks to combat (B) Osteoporosis has no symptoms and Health and Human Development. osteoporosis, and related bone diseases typically remains undiagnosed until a frac- (C) Further research is needed to improve like Paget’s disease and osteogenesis ture occurs. medical knowledge concerning— imperfecta, in two ways. (C) Once a fracture occurs, the condition (i) cellular mechanisms related to the First, the bill requires private health has usually advanced to the stage where the processes of bone resorption and bone forma- plans to cover bone mass measurement likelihood is high that another fracture will tion, and the effect of different agents on tests for qualified individuals who are occur. bone remodeling; at risk for developing osteoporosis. (D) There is no cure for osteoporosis, but (ii) risk factors for osteoporosis, including drug therapy has been shown to reduce new newly discovered risk factors, risk factors Bone mass measurement is the only re- hip and spine fractures by 50 percent and liable method of detecting osteoporosis related to groups not ordinarily studied other treatments, such as nutrition therapy, (such as men and minorities), risk factors rein its early stages. The test is non- have also proven effective. lated to genes that help to control skeletal invasive and painless and is as pre- (2) INCIDENCE OF OSTEOPOROSIS AND RE- metabolism, and risk factors relating to the dictive of future fractures as high cho- LATED BONE DISEASES.— relationship of aging processes to the devel- (A) 28 million Americans have (or are at lesterol or high blood pressure is of opment of osteoporosis; risk for) osteoporosis, 80 percent of which are heart disease or stroke. This provision (iii) bone mass measurement technology, women. is similar to a provision in the Bal- including more widespread and cost-effective anced Budget Act of 1997 that requires (B) Osteoporosis is responsible for 1.5 million bone fractures annually, including more techniques for making more precise meas- Medicare coverage of bone mass meas- than 300,000 hip fractures, 700,000 vertebral urements and for interpreting measure- urements. fractures and 200,000 fractures of the wrists. ments; Second, the Early Detection and Pre- (C) Half of all women, and one-eighth of all (iv) calcium (including bioavailability, invention of Osteoporosis and Related men, age 50 or older will have a bone fracture take requirements, and the role of calcium Bone Diseases Act authorizes $1,000,000 due to osteoporosis; in building heavier and denser skeletons),

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12594 CONGRESSIONAL RECORD — SENATE November 13, 1997 and vitamin D and its role as an essential vi- and limitations that are applied to similar and includes a physician’s interpretation of tamin in adults; services under the group health plan or the results of the procedure. Nothing in this (v) prevention and treatment, including health insurance coverage. paragraph shall be construed as requiring a the efficacy of current therapies, alternative ‘‘(e) PROHIBITIONS.—A group health plan, bone mass measurement to be conducted in a drug therapies for prevention and treatment, and a health insurance issuer offering group particular type of facility or to prevent such and the role of exercise; and health insurance coverage in connection a measurement from being conducted (vi) rehabilitation. with a group health plan, may not— through the use of mobile facilities that are (D) Further educational efforts are needed ‘‘(1) deny to an individual eligibility, or otherwise qualified. to increase public and professional knowl- continued eligibility, to enroll or to renew ‘‘(2) QUALIFIED INDIVIDUAL.—The term edge of the causes of, methods for avoiding, coverage under the terms of the plan, solely ‘qualified individual’ means an individual and treatment of osteoporosis. for the purpose of avoiding the requirements who— SEC. 2. REQUIRING COVERAGE OF BONE MASS of this section; ‘‘(A) is an estrogen-deficient woman at MEASUREMENT UNDER HEALTH ‘‘(2) provide incentives (monetary or other- clinical risk for osteoporosis; PLANS. wise) to individuals to encourage such indi- ‘‘(B) has vertebral abnormalities; (a) GROUP HEALTH PLANS.— viduals not to be provided bone mass meas- ‘‘(C) is receiving chemotherapy or long- (1) PUBLIC HEALTH SERVICE ACT AMEND- urements to which they are entitled under term gluococorticoid (steroid) therapy; MENTS.— this section or to providers to induce such ‘‘(D) has primary hyperparathyroidism, hy- (A) IN GENERAL.—Subpart 2 of part A of providers not to provide such measurements perthyroidism, or excess thyroid replace- title XXVII of the Public Health Service Act, to qualified individuals; ment; or as amended by section 703(a) of Public Law ‘‘(3) prohibit a provider from discussing ‘‘(E) is being monitored to assess the re- 104–204, is amended by adding at the end the with a patient osteoporosis preventive tech- sponse to or efficacy of approved following new section: niques or medical treatment options relating osteoporosis drug therapy. ‘‘SEC. 2706. STANDARDS RELATING TO BENEFITS to this section; or ‘‘(c) LIMITATION ON FREQUENCY REQUIRED.— FOR BONE MASS MEASUREMENT. ‘‘(4) penalize or otherwise reduce or limit The standards established under section ‘‘(a) REQUIREMENTS FOR COVERAGE OF BONE the reimbursement of a provider because 2706(c) of the Public Health Service Act shall MASS MEASUREMENT.—A group health plan, such provider provided bone mass measure- apply to benefits provided under this section and a health insurance issuer offering group ments to a qualified individual in accordance in the same manner as they apply to benefits health insurance coverage, shall include with this section. provided under section 2706 of such Act. (consistent with this section) coverage for ‘‘(f) RULE OF CONSTRUCTION.—Nothing in ‘‘(d) RESTRICTIONS ON COST-SHARING.— bone mass measurement for beneficiaries this section shall be construed to require an ‘‘(1) IN GENERAL.—Subject to paragraph (2), and participants who are qualified individ- individual who is a participant or bene- nothing in this section shall be construed as uals. ficiary to undergo bone mass measurement. preventing a group health plan or issuer ‘‘(b) DEFINITIONS RELATING TO COVERAGE.— ‘‘(g) NOTICE.—A group health plan under from imposing deductibles, coinsurance, or In this section: this part shall comply with the notice re- other cost-sharing in relation to bone mass ‘‘(1) BONE MASS MEASUREMENT.—The term quirement under section 713(g) of the Em- measurement under the plan (or health in- ‘bone mass measurement’ means a radiologic ployee Retirement Income Security Act of surance coverage offered in connection with or radioisotopic procedure or other proce- 1974 with respect to the requirements of this a plan). dure approved by the Food and Drug Admin- section as if such section applied to such ‘‘(2) LIMITATION.—Deductibles, coinsur- istration performed on an individual for the plan. ance, and other cost-sharing or other limita- purpose of identifying bone mass or detect- ‘‘(h) LEVEL AND TYPE OF REIMBURSE- tions for bone mass measurement may not be ing bone loss or determining bone quality, MENTS.—Nothing in this section shall be con- imposed under paragraph (1) to the extent and includes a physician’s interpretation of strued to prevent a group health plan or a they exceed the deductibles, coinsurance, the results of the procedure. Nothing in this health insurance issuer offering group health and limitations that are applied to similar paragraph shall be construed as requiring a insurance coverage from negotiating the services under the group health plan or bone mass measurement to be conducted in a level and type of reimbursement with a pro- health insurance coverage. particular type of facility or to prevent such vider for care provided in accordance with ‘‘(e) PROHIBITIONS.—A group health plan, a measurement from being conducted this section. and a health insurance issuer offering group through the use of mobile facilities that are ‘‘(i) PREEMPTION.— health insurance coverage in connection otherwise qualified. ‘‘(1) IN GENERAL.—The provisions of this with a group health plan, may not— ‘‘(2) QUALIFIED INDIVIDUAL.—The term section do not preempt State law relating to ‘‘(1) deny to an individual eligibility, or ‘qualified individual’ means an individual health insurance coverage to the extent such continued eligibility, to enroll or to renew who— State law provides greater benefits with re- coverage under the terms of the plan, solely ‘‘(A) is an estrogen-deficient woman at spect to osteoporosis detection or preven- for the purpose of avoiding the requirements clinical risk for osteoporosis; tion. of this section; ‘‘(B) has vertebral abnormalities; ‘‘(2) CONSTRUCTION.—Section 2723(a)(1) shall ‘‘(2) provide incentives (monetary or other- ‘‘(C) is receiving chemotherapy or long- not be construed as superseding a State law wise) to individuals to encourage such indi- term gluococorticoid (steroid) therapy; described in paragraph (1).’’. viduals not to be provided bone mass meas- ‘‘(D) has primary hyperparathyroidism, hy- (B) CONFORMING AMENDMENT.—Section urements to which they are entitled under perthyroidism, or excess thyroid replace- 2723(c) of such Act (42 U.S.C. 300gg–23(c)), as this section or to providers to induce such ment; or amended by section 604(b)(2) of Public Law providers not to provide such measurements ‘‘(E) is being monitored to assess the re- 104–204, is amended by striking ‘‘section to qualified individuals; sponse to or efficacy of approved 2704’’ and inserting ‘‘sections 2704 and 2706’’. ‘‘(3) prohibit a provider from discussing with a patient osteoporosis preventive tech- osteoporosis drug therapy. (2) ERISA AMENDMENTS.— niques or medical treatment options relating ‘‘(c) LIMITATION ON FREQUENCY REQUIRED.— (A) IN GENERAL.—Subpart B of part 7 of Taking into account the standards estab- subtitle B of title I of the Employee Retire- to this section; or ‘‘(4) penalize or otherwise reduce or limit lished under section 1861(rr)(3) of the Social ment Income Security Act of 1974, as amend- the reimbursement of a provider because Security Act, the Secretary shall establish ed by section 702(a) of Public Law 104–204, is such provider provided bone mass measure- standards regarding the frequency with amended by adding at the end the following ments to a qualified individual in accordance which a qualified individual shall be eligible new section: to be provided benefits for bone mass meas- with this section. ‘‘SEC. 713. STANDARDS RELATING TO BENEFITS ‘‘(f) RULE OF CONSTRUCTION.—Nothing in urement under this section. The Secretary FOR BONE MASS MEASUREMENT. this section shall be construed to require an may vary such standards based on the clin- ‘‘(a) REQUIREMENTS FOR COVERAGE OF BONE individual who is a participant or bene- ical and risk-related characteristics of quali- MASS MEASUREMENT.—A group health plan, ficiary to undergo bone mass measurement. fied individuals. and a health insurance issuer offering group ‘‘(g) NOTICE UNDER GROUP HEALTH PLAN.— ‘‘(d) RESTRICTIONS ON COST-SHARING.— health insurance coverage, shall include The imposition of the requirements of this ‘‘(1) IN GENERAL.—Subject to paragraph (2), (consistent with this section) coverage for section shall be treated as a material modi- nothing in this section shall be construed as bone mass measurement for beneficiaries fication in the terms of the plan described in preventing a group health plan or issuer and participants who are qualified individ- section 102(a)(1), for purposes of assuring no- from imposing deductibles, coinsurance, or uals. tice of such requirements under the plan; ex- other cost-sharing in relation to bone mass ‘‘(b) DEFINITIONS RELATING TO COVERAGE.— cept that the summary description required measurement under the plan (or health in- In this section: to be provided under the last sentence of sec- surance coverage offered in connection with ‘‘(1) BONE MASS MEASUREMENT.—The term tion 104(b)(1) with respect to such modifica- a plan). ‘bone mass measurement’ means a radiologic tion shall be provided by not later than 60 ‘‘(2) LIMITATION.—Deductibles, coinsur- or radioisotopic procedure or other proce- days after the first day of the first plan year ance, and other cost-sharing or other limita- dure approved by the Food and Drug Admin- in which such requirements apply. tions for bone mass measurement may not be istration performed on an individual for the ‘‘(h) PREEMPTION.— imposed under paragraph (1) to the extent purpose of identifying bone mass or detect- ‘‘(1) IN GENERAL.—The provisions of this they exceed the deductibles, coinsurance, ing bone loss or determining bone quality, section do not preempt State law relating to

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12595 health insurance coverage to the extent such tor of the National Institute of Diabetes and ‘‘(6) primary or postmenopausal State law provides greater benefits with re- Digestive and Kidney Diseases, the Director osteoporosis and secondary osteoporosis, spect to osteoporosis detection or preven- of the National Institute of Dental Research, such as that induced by corticosteroids; and tion. and the Director of the National Institute of ‘‘(7) other general diseases of bone and ‘‘(2) CONSTRUCTION.—Section 731(a)(1) shall Child Health and Human Development shall mineral metabolism including abnormalities not be construed as superseding a State law expand and intensify research on of vitamin D. described in paragraph (1).’’. osteoporosis and related bone diseases. The ‘‘(e) AUTHORIZATIONS OF APPROPRIATIONS.— (B) CONFORMING AMENDMENTS.— research shall be in addition to research that ‘‘(1) NATIONAL INSTITUTE OF ARTHRITIS AND (i) Section 731(c) of such Act (29 U.S.C. is authorized under any other provision of MUSCULOSKELETAL AND SKIN DISEASES.—For 1191(c)), as amended by section 603(b)(1) of law. the purpose of carrying out this section Public Law 104–204, is amended by striking ‘‘(b) MECHANISMS FOR EXPANSION OF RE- through the National Institute of Arthritis ‘‘section 711’’ and inserting ‘‘sections 711 and SEARCH.—Each of the Directors specified in and Musculoskeletal and Skin Diseases, 713’’. subsection (a) shall, in carrying out such there are authorized to be appropriated (ii) Section 732(a) of such Act (29 U.S.C. subsection, provide for one or more of the $17,000,000 for each of the fiscal years 1999 1191a(a)), as amended by section 603(b)(2) of following: through 2001, and such sums as may be nec- Public Law 104–204, is amended by striking ‘‘(1) Investigator-initiated research. essary for each subsequent fiscal year. ‘‘section 711’’ and inserting ‘‘sections 711 and ‘‘(2) Funding for investigators beginning ‘‘(2) NATIONAL INSTITUTE ON AGING.—For 713’’. their research careers. the purpose of carrying out this section (iii) The table of contents in section 1 of ‘‘(3) Mentorship research grants. through the National Institute on Aging, such Act is amended by inserting after the there are authorized to be appropriated item relating to section 712 the following ‘‘(c) SPECIALIZED CENTERS OF RESEARCH.— $10,000,000 for each of the fiscal years 1999 new item: ‘‘(1) IN GENERAL.—The Director of the In- through 2001, and such sums as may be nec- ‘‘Sec. 713. Standards relating to benefits for stitute, after consultation with the advisory essary for each subsequent fiscal year. bone mass measurement. council for the Institute, shall make grants ‘‘(3) NATIONAL INSTITUTE OF DIABETES AND to, or enter into contracts with, public or (b) INDIVIDUAL HEALTH INSURANCE.— DIGESTIVE AND KIDNEY DISEASES.—For the nonprofit private entities for the develop- purpose of carrying out this section through (1) IN GENERAL.—Part B of title XXVII of ment and operation of centers to conduct re- the National Institute of Diabetes and Diges- the Public Health Service Act, as amended search on osteoporosis and related bone dis- by section 605(a) of Public Law 104–204, is tive and Kidney Diseases, there are author- eases. Subject to the extent of amounts ized to be appropriated $10,000,000 for each of amended by inserting after section 2751 the made available in appropriations Acts, the following new section: the fiscal years 1999 through 2001, and such Director shall provide for not less than three sums as may be necessary for each subse- ‘‘SEC. 2752. STANDARDS RELATING TO BENEFITS such centers. quent fiscal year. FOR BONE MASS MEASUREMENT. ‘‘(2) ACTIVITIES.—Each center assisted ‘‘(4) NATIONAL INSTITUTE OF DENTAL RE- ‘‘(a) IN GENERAL.—The provisions of sec- under this subsection— SEARCH.—For the purpose of carrying out tion 2706 (other than subsection (g)) shall ‘‘(A) shall, with respect to osteoporosis and this section through the National Institute apply to health insurance coverage offered related bone diseases— of Dental Research, there are authorized to by a health insurance issuer in the indi- ‘‘(i) conduct basic and clinical research; be appropriated $5,000,000 for each of the fis- vidual market in the same manner as it ap- ‘‘(ii) develop protocols for training physical years 1999 through 2001, and such sums as plies to health insurance coverage offered by cians, scientists, nurses, and other health may be necessary for each subsequent fiscal a health insurance issuer in connection with and allied health professionals; year. a group health plan in the small or large ‘‘(iii) conduct training programs for such ‘‘(5) NATIONAL INSTITUTE OF CHILD HEALTH group market. individuals; AND HUMAN DEVELOPMENT.—For the purpose ‘‘(b) NOTICE.—A health insurance issuer ‘‘(iv) develop model continuing education of carrying out this section through the Na- under this part shall comply with the notice programs for such professionals; and tional Institute of Child Health and Human requirement under section 713(g) of the Em- ‘‘(v) disseminate information to such pro- Development, there are authorized to be ap- ployee Retirement Income Security Act of fessionals and the public; propriated $5,000,000 for each of the fiscal 1974 with respect to the requirements re- ‘‘(B) may use the funds to provide stipends years 1999 through 2001, and such sums as ferred to in subsection (a) as if such section for health and allied health professionals en- may be necessary for each subsequent fiscal applied to such issuer and such issuer were a rolled in training programs described in sub- year. group health plan. paragraph (A)(iii); and ‘‘(6) SPECIALIZED CENTERS OF RESEARCH.— ‘‘(c) PREEMPTION.— ‘‘(C) shall use the facilities of a single in- For the purpose of carrying out subsection ‘‘(1) IN GENERAL.—The provisions of this stitution, or be formed from a consortium of (c), there are authorized to be appropriated section do not preempt State law relating to cooperating institutions, meeting such re- $3,000,000 for each of the fiscal years 1999 health insurance coverage to the extent such quirements as may be prescribed by the Di- through 2001, and such sums as may be nec- State law provides greater benefits with re- rector of the Institute. essary for each subsequent fiscal year. spect to osteoporosis detection or preven- ‘‘(3) DURATION OF SUPPORT.—Support of a ‘‘(7) RELATION TO OTHER PROVISIONS.—Au- tion. center under this subsection may be for a pe- thorizations of appropriations under this ‘‘(2) CONSTRUCTION.—Section 2762(a) shall riod not exceeding 5 years. Such period may subsection are in addition to amounts au- not be construed as superseding a State law be extended for one or more additional peri- thorized to be appropriated for biomedical described in paragraph (1).’’. ods not exceeding 5 years if the operations of research relating to osteoporosis and related (2) CONFORMING AMENDMENTS.—Section such center have been reviewed by an appro- bone diseases under any other provision of 2762(b)(2) of such Act (42 U.S.C. 300gg– priate technical and scientific peer review law.’’. 62(b)(2)), as added by section 605(b)(3)(B) of group established by the Director and if such Public Law 104–204, is amended by striking SEC. 4. FUNDING FOR INFORMATION CLEARING- group has recommended to the Director that HOUSE ON OSTEOPOROSIS, PAGET’S ‘‘section 2751’’ and inserting ‘‘sections 2751 such period should be extended. and 2752’’. DISEASE, AND RELATED BONE DIS- ORDERS. (c) EFFECTIVE DATES.— ‘‘(d) DEFINITION OF RELATED BONE DIS- Section 409A(d) of the Public Health Serv- (1) GROUP HEALTH PLANS.—The amend- EASES.—For purposes of this section, the ments made by subsection (a) shall apply term ‘related bone diseases’ includes— ice Act (42 U.S.C. 284e(d)) is amended by add- with respect to group health plans for plan ‘‘(1) Paget’s disease, a bone disease charac- ing at the end the following sentence: ‘‘In ad- years beginning on or after January 1, 1999. terized by enlargement and loss of density dition to other authorizations of appropriations available for the purpose of the estab- (2) INDIVIDUAL MARKET.—The amendments with bowing and deformity of the bones; made by subsection (b) shall apply with re- ‘‘(2) osteogenesis imperfecta, a familial dis- lishment and operation of the information spect to health insurance coverage offered, ease marked by extreme brittleness of the clearinghouse under subsection (c), there are sold, issued, renewed, in effect, or operated long bones; authorized to be appropriated for such pur- in the individual market on or after such ‘‘(3) hyperparathyroidism, a condition pose $1,000,000 for fiscal year 1999, and such date. characterized by the presence of excess para- sums as may be necessary for each of the fis- thormone in the body resulting in disturb- cal years 2000 and 2001.’’. SEC. 3. OSTEOPOROSIS RESEARCH. ance of calcium metabolism with loss of cal- Subpart 4 of part C of title IV of the Public cium from bone and renal damage; By Mr. SANTORUM: Health Service Act (42 U.S.C. 285d et seq.) is ‘‘(4) hypoparathyroidism, a condition char- amended by adding at the end the following S. 1538. A bill to amend the Honey acterized by the absence of parathormone renew section: Research, Promotion, and Consumer sulting in disturbances of calcium metabo- Information Act to improve the honey ‘‘RESEARCH ON OSTEOPOROSIS AND RELATED lism; DISEASES ‘‘(5) renal bone disease, a disease charac- research, promotion, and consumer in- ‘‘SEC. 442A. (a) EXPANSION OF RESEARCH.— terized by metabolic disturbances from di- formation program, and for other pur- The Director of the Institute, the Director of alysis, renal transplants, or other renal dis- poses; to the Committee on Agri- the National Institute on Aging, the Direc- turbances; culture, Nutrition, and Forestry.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12596 CONGRESSIONAL RECORD — SENATE November 13, 1997 THE HONEY RESEARCH, PROMOTION, AND CON- (Aminocarbonyl)phenyl } amino } car- small in the context of our federal SUMER INFORMATION ACT AMENDMENTS ACT bonyl } -2-methoxyphenyl}azo}-N-(5- budget, translates into a considerable OF 1997 chloro-2, 4-dimethozyphenyl) -3- business cost to the importing manu- Mr. SANTORUM. Mr. President, I hydroxynaphthalene-2-carboxamide; to facturers. The added cost hurts their rise to offer a measure to revise the the Committee on Finance. ability to compete, and thus their abil- Honey Research, Promotion and Con- S. 1545. A bill to suspend until De- ity to maintain their workforce. Yet, sumer Information Act, the statute cember 31, 2002, the duty on given that there is no domestic indus- under which the National Honey Board Benzenesulfonic acid, 4-{{3-{{2-hy- try producing these substitutes, the is organized. droxy-3-{{4-methoxyphenyl ) amino } duties serve little purpose. Briefly, my bill would impose a carbonyl } -1-naphtha-lenyl}azo} -4- The package of bills I am introducing penny per pound assessment on han- methylbenzoyl}amino}-, calcium salt today would remedy this situation by dlers and importers of honey. This will (2:1); to the Committee on Finance. suspending the duty on these thirteen increase the research budget of the S. 1546. A bill to suspend until De- products. As I say, none of these or- Honey Board by approximately $500,000; cember 31, 2002, the duty on ganic substitutes are produced in the and enable the industry to fund re- Butanamide, 2,2′-{3,3′-dichloro{1,1′- United States, and therefore lifting the search programs aimed at addressing biphenyl} -4,4′-diyl)bis(azo) }bis{N-(2,3- current duties will not result in harm the serious problems caused by viruses, dihydro-2-oxo-1H-benzimidazol-5yl)-3- to any domestic industry. Rather, sus- parasitic mites, and Africanized bees. oxo; to the Committee on Finance. pending the duties will allow our do- The bill also changes the constitu- S. 1547. A bill to suspend until De- mestic manufacturers to reduce costs, tion of the National Honey Board to cember 31, 2002, the duty on thus maintaining U.S. competitiveness improve packer representation on the Butanamide, N,N′-(3,3′dimethyl{1,1′- and safeguarding Rhode Island jobs. ′ board to reflect the imposition of a new byphenyl } -4,4 -diyl ) bis { 2,4- This is a critical point. I feel strong- assessment on honey handlers. Under dichlorophenyl)azo}-3-oxo-; to the Com- ly that we in Rhode Island should do my amendments, packers would have a mittee on Finance. all we can to keep the state’s economy total of four seats versus the current S. 1548. A bill to suspend until De- going by creating jobs, encouraging two. Producer and importer representa- cember 31, 2002, the duty on N-(2,3- business activity, and spurring new tion on the board will not change. Dihydro-2-oxo-1H-benzimidazol-5-yl)-5- growth. These bills will help contribute In developing my legislation, I methyl-4- to a productive manufacturing sector worked the American Beekeeping Fed- {(methylamino) in Rhode Island, and aid our employers eration, which represents more than sulphonyl}phenyl}azo}naphthalene-2- in keeping their costs down and their 1,400 honey producers nationwide. The carboxaminde; to the Committee on Fi- sales—and employment—up. amendments have the support of a nance. It is my hope that by introducing broad coalition including producers, S. 1549. A bill to suspend until De- this package of legislation now, there packers, and importers, and I encour- cember 31, 2002, the duty on Benzoic will be ample time for review and com- age my colleagues to join me in this ef- acid, 2-{{3-{{(2,3-dihydro-2-oxo-1H-1H- ment on each bill, and that as a result, fort by approving this legislation. benzimidazol-5-yl)amino}carbonyl}-2- hydroxyl-1-naphthalenyl}azo}-, butyl should the Senate take up comprehen- By Mr. CHAFEE: ester; to the Committee on Finance. sive duty suspension legislation next S. 1537. A bill to suspend until De- S. 1550. A bill to suspend until De- year, these provisions will be ready for cember 31, 2002, the duty on Benzoic cember 31. 2002, the duty on Benzoic inclusion. acid, 2-{{1-{{(2,3-dihydro-2-oxo-1H- acid, 4-{{(2,5-dichlorophenyl ) By Mr. CAMPBELL: benzimidozal-5-yl) amino}; to the Com- amino}carbonyl}-2{{2-hydroxy-3-{{(2- mittee on Finance. methoxypheny)amino}carbonyl}-1- S. 1552. A bill to provide for the con- S. 1539. A bill to suspend until De- naphthalenyl}-, methyl ester; to the veyance of an unused Air Force hous- cember 31, 2002, the duty on N-{4- Committee on Finance. ing facility in La Junta, Colorado, to the city of La Junta; to the Committee (Aminocarbonyl)phenyl}4-{{(2,3- DUTY SUSPENSION LEGISLATION on Armed Services. dihydro-2-oxo-1H-benzimidazol-5- Mr. CHAFEE. Mr. President, today I yl)amino) carbonyl}-2- am introducing 13 bills to suspend the THE LA JUNTA AIR BASE LAND CONVEYANCE ACT oxopropyl}azo}benzamide; to the Com- duty on the importation of certain OF 1997 mittee on Finance. products that are used by manufactur- Mr. CAMPBELL. Mr. President, by S. 1540. A bill to suspend until De- ers in my home state of Rhode Island. way of legislation, I offer my support cember 21, 2002, the duty on The products in question are organic to the city of La Junta, Colorado, for Butanamide, N-(2,3-dihydro-2-oxo-1H- replacements for colorants that use its innovative and impressive response benzimidazol-5-yl)-3-oxo-2-{{-(trifluoro- heavy metals—such as lead, molyb- to the challenges facing the Lower Ar- methyl)phenyl}azo}-; to the Committee denum, chrome, and cadmium—in the kansas Valley. City officials have on Finance. plastics and coatings industries. Heavy seized a unique opportunity to allevi- S. 1541. A bill to suspend until De- metal colorants traditionally have ate La Junta’s housing crisis, expand cember 31, 2002, the duty on 1,4- been used in the coloration of plastics the local Head Start program and in- Benzenedicarboxylic acid,2-{{1-{{(2,3-di- and coatings, especially where the ap- crease access to child care, and solve hydro - 2 - oxo - 1H - benzimidazol - 5- plications are subjected to high heat, Otero Junior College’s dormitory prob- yl)amino carbonyl}-2-oxopropyl}azo}-, or where high weatherfastness or lems. dimethyl ester; to the Committee on lightfastness are required. Until re- The city of La Junta, in conjunction Finance. cently, finding substitutes for these with Otero Junior College, has pro- S. 1542. A bill to suspend until De- heavy metal-based products was dif- posed to take over the recently closed cember 31, 2002, the duty on ficult. However, thanks to new formu- La Junta Air Base family housing site. Butanamide, 2,2′- { 1-2,-ethanediylbis ( lations, a number of organic products Until one year ago, when it was farmed oxy-2,1-phenyleneazo) }bis{N-(2,3- have proved themselves to be satisfac- out to a civilian defense contractor, dihydro-2-oxo-1H-benzimidazol-5-yl)-3- tory substitutes. the Air Force’s test range for its bomb- oxo-; to the Committee on Finance. Reducing our reliance on heavy er pilots was housed in La Junta. Since S. 1543. A bill to suspend until De- metal colorants makes sense environ- then, several federal agencies have ex- cember 31, 2002, the duty on mentally. However, none of the organic pressed interest in the site, but none Benzenesulfonic acid, 4-chloro-2-{{5-hy- substitutes in question are produced in has asserted their formal desire to droxy-3-methyl-1- ( 3-sulfophenyl)-1H- the United States. Thus, our producers reuse the facility. pyrazol-4-yl}azo}-5-methyl-.calcium have no choice but to import the sub- Further, taxpayers are spending salt (1:1); to the Committee on Fi- stitutes and pay the requisite import nearly $100,000 annually to maintain an nance. taxes, which range from 6.6 to 14.6 per- empty facility, while the city and resi- S. 1544. A bill to suspend until De- cent. The total price tag associated dents of La Junta are losing out on a cember 31, 2002, the duty on 4 - {{5-{{{4- with these duties, while relatively significant supplement to the local tax

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12597 base. The reuse plan I am endorsing pesticides, polyaromatic hydrocarbons, trator, and the Administrator certifies by provides for a self-sustaining and rev- PCB’s, and mercury. Right now, there publication in the Federal Register, that the enue generating housing and local serv- is a question as to the long-term im- dumping of the dredged material containing ices site, which is a well developed and pact this material will have on the the constituents will not cause significant undesirable effects, including the threat as- cooperative solution to some very real aquatic life and the environment in sociated with bioaccumulation of the con- local concerns. that area of the ocean. Such concerns stituents in marine organisms. Given the lack of any formal initia- should not have to occur. It has taken ‘‘(2) COMPLIANCE WITH OTHER REQUIRE- tive on the part of a federal agency, years to come as far as we have in MENTS.—In addition to other provisions of which would be given priority consider- cleaning up Long Island Sound—we law and notwithstanding the specific exclu- ation, I support the efforts of the city. should not jeopardize those gains by sion relating to dredged material of the first Our college, Congressman BOB SCHAF- routinely allowing the dumping of pol- sentence in section 102(a), any dumping of dredged material in Long Island Sound (in- FER, representing Colorado’s 4th con- luted sediments in these waters. cluding Fishers Island Sound) or Block Is- gressional district, has introduced leg- Vast amounts of federal, state, and land Sound from a Federal project pursuant islation in the House of Representa- local funds have been spent in the to Federal authorization, or from a dredging tives to convey the unused Air Force State of New York in the last quarter project by a non-Federal applicant, in a housing facility to the city of La century combating pollution in the quantity exceeding 25,000 cubic yards, shall Junta. Today, I am introducing a com- sound. However, at times over the last comply with the requirements of this Act, panion measure in the Senate. 25 years, we have looked the other way including the criteria established under the It is my hope that this bill will be re- when it comes to dumping in the second sentence of section 102(a) relating to ferred to the appropriate committee sound. Such actions are counter-pro- the effects of dumping. and receive expedited consideration ‘‘(3) RELATION TO OTHER LAW.—Subsection ductive in our efforts to restore the (d) shall not apply to this subsection.’’. through next year’s authorizing and sound for recreational activities such appropriations process. as swimming and boating as well as the By Mr. HATCH (for himself and economic benefits of sportfishing and Mr. LIEBERMAN): By Mr. D’AMATO (for himself the shellfish industry—all of which S. 1554. A bill to provide for relief and Mr. MOYNIHAN): bring more than $5.5 billion to the re- from excessive punitive damage awards S. 1553. A bill to amend the Marine gion each year. in cases involving primarily financial Protection, Research, and Sanctuaries New Yorkers realize the importance loss by establishing rules for propor- Act of 1972 with respect to the dumping of the sound and are stepping up their tionality between the amount of puni- of dredged material in Long Island efforts to make sure it is cleaned up. tive damages and the amount of eco- Sound, and for other purposes; to the New York voters approved an environ- nomic loss; to the Committee on the Committee on Environment and Public mental bond initiative that, among Judiciary. Works. other things, commits $200 million for THE FAIRNESS IN PUNITIVE DAMAGES AWARDS THE LONG ISLAND SOUND PRESERVATION AND sewage treatment plant upgrades, habi- ACT PROTECTION ACT tat restoration, and nonpoint source Mr. HATCH. Mr. President, I rise Mr. D’AMATO. Mr. President, I rise pollution controls on Long Island today to introduce, along with Senator today to introduce legislation along Sound. New York is doing its part; it is LIEBERMAN, the Fairness in Punitive with my friend and colleague, Senator time now to get the support of the fed- Damages Awards Act. In general, this MOYNIHAN, that will help guarantee eral government. With the actions bill limits the amount of punitive dam- that one of our Nation’s most impor- taken by New York, and with the pas- ages that may be awarded in certain tant estuaries is no longer used as a sage of the legislation Senator MOY- civil actions, primarily financial injury lawsuits, to three times the amount dumping ground for polluted dredged NIHAN and I are introducing, I am con- material. Long Island Sound is a spec- fident that Long Island Sound will awarded to the claimant for economic tacular body of water located between move steadily forward on the road to loss or $250,000, whichever is greater. These are cases where the claims es- Long Island, New York and the State recovery. I urge my colleagues to join sentially arise from breach of contract of Connecticut. Unfortunately, past us in cosponsoring this bill, and I en- dumping of dredged material of ques- or insurance ‘‘bad-faith’’ or fraud inju- courage its swift passage in the Senate. ries. The punitive damages limitation tionable environmental impact has oc- Mr. President, I ask unanimous con- curred in the sound. It is high time provision also excludes awards in cases sent that the text of the bill be printed where death, loss of limb, bodily harm, that Congress put an end to any future, in the RECORD. willful pollution of the sound. or physical injury occur. It generally There being no objection, the bill was does not encompass products liability The legislation that we are intro- ordered to be printed in the RECORD, as ducing today will prevent any indi- and physical harm tort cases—cases follows: where supporters of punitive damage vidual of any government agency from S. 1553 randomly dumping sediments into the awards contend that exemplary dam- Be it enacted by the Senate and House of Rep- ages are needed to deter reckless be- ecologically sensitive sound. Specifi- resentatives of the United States of America in cally, the legislation prevents all sedi- havior. Congress assembled, Thus, what sets this bill apart from ments that contain any constituents SECTION 1. SHORT TITLE. previous measures is that it has been prohibited as other than trace con- This Act may be cited as the ‘‘Long Island narrowly tailored to address concerns taminants, as defined by federal regu- Sound Preservation and Protection Act of raised by the Administration and oppo- lations, from being dumped into either 1997’’. nents of punitive damages limitations Long Island Sound or Block Island SEC. 2. DUMPING OF DREDGED MATERIALS IN bills. We hope to attract bipartisan LONG ISLAND SOUND. Sound. Exceptions to the act can be support because of the narrow scope of made only in circumstances where the Section 106 of the Marine Protection, Re- search, and Sanctuaries Act of 1972 (33 U.S.C. the bill, and, more significantly, be- Administrator of the Environmental cause the bill addresses a major im- Protection Agency shows that the ma- 1416) is amended by striking subsection (f) and inserting the following: pediment to economic growth—run- terial will not cause undesirable effects ‘‘(f) DUMPING OF DREDGED MATERIAL IN away punitive damage awards, particu- to the environment of marine life. LONG ISLAND SOUND.— larly in financial injury cases. In the fall of 1995, the U.S. Navy ‘‘(1) PROHIBITION.—No dredged material It is beyond doubt that our civil jus- dumped over 1 million cubic yards of from any Federal or non-Federal project in a tice system is being plagued by an epi- dredged material from the Thames quantity exceeding 25,000 cubic yards that demic of punitive damage awards. In River into the New London dump site contains any of the constituents prohibited recent testimony before the Judiciary located in the sound. Independent tests as other than trace contaminants (as defined Committee, former Assistant Attorney of that sediment indicated that con- by the Federal ocean dumping criteria set forth in section 227.6 of title 40, Code of Fed- General Theodore Olson noted that taminants were present in that dredged eral Regulations) may be dumped in Long Is- throughout the 19th until the mid-20th material that now lies at the bottom of land Sound (including Fishers Island Sound) century, punitive damages were quite the sound’s New London dump site— or Block Island Sound, except in a case in rare. ‘‘For example, the highest puni- contaminants such as dioxin, cadmium, which it is demonstrated to the Adminis- tive damages award affirmed on appeal

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12598 CONGRESSIONAL RECORD — SENATE November 13, 1997 in California through the 1950’s was of cases are settled, regardless of their award of punitive damages. This bill is $10,000. But the punitive damage land- merits, for fear of irrational verdicts. an important step in that direction. I scape began to change dramatically in As a result of the shadow effect, con- urge my colleagues to join me in co- the 1960’s. California’s record for puni- sumers nationwide have been adversely sponsoring this legislation and encour- tive damage awards affirmed on appeal affected through the withdrawal of age the Senate to act expeditiously on soared to $15 million in the 1980’s, an products, producers, services, and serv- this important bill. increase of 1,500 fold in just 30 years.’’ ice providers from the marketplace, Mr. President, I ask unanimous con- In Alabama, according to Olson, an ag- and from excessive liability costs sent that the entire text of the bill be gregate of only $409,000 in punitive passed on to consumers through higher placed in the RECORD. damages had been affirmed on appeal prices. There being no objection, the bill was during the period 1974–1978. The com- But the worst cost to our society is ordered to be printed in the RECORD, as parable total just 15 years later sky- the delegitimization of the judicial follows: rocketed to $90 million. process as a means of dispute resolu- S. 1554 Indeed, punitive damage lawyers tion. Litigation today is often seen as Be it enacted by the Senate and House of Rep- have largely succeeded in taking over an unpredictable ‘‘crap shoot,’’ where resentatives of the United States of America in the civil justice compensation system. awards are rendered—not upon jus- Congress assembled, In 1960, according to a Rand study, pu- tice—but upon envy (who has the ‘‘deep SECTION 1. SHORT TITLE. pockets’’) or upon blatant emotion- This Act may be cited as the ‘‘Fairness in nitive damages accounted for just 2% Punitive Damage Awards Act’’. of total damages in civil cases in San alism. So why not sue? Why not spin the wheel? Passage of this bill will help SEC. 2. FINDINGS AND PURPOSES. Francisco, California. Thirty years (a) FINDINGS.—Congress finds that— later, according to Rand, punitive dam- to ameliorate this misconception and (1) punitive damage awards in jury verdicts ages accounted for an amazing 59% of restore faith in our civil justice sys- in financial injury cases are a serious and all damages in financial injury cases, tem—which I believe is fundamentally growing problem, and according to a Rand and an even more amazing 80% in Ala- sound. Institute for Civil Justice study in 1997 of punitive damage verdicts from calendar years bama. Another reason for bipartisan support for this bill, one that I anticipate 1985 through 1994 in States that represent 25 And the size of these awards is stag- percent of the United States population— gering and, I must add, irrational. will attract many of our colleagues to the bill, is that we have addressed spe- (A) nearly 50 percent of all punitive dam- Take the recent CSX Railroad case. age awards are made in financial injury Even though a federal probe found the cific concerns which the Administra- cases (those in which the plaintiff is alleging railroad blameless in a tank car explo- tion has expressed about previous bills. a financial injury only and is not alleging in- sion on CSX owned tracks which You may recall that last year when juries to either person or property); caused relatively minor harm to some President Clinton vetoed the products (B) punitive damages are awarded in 1 in every 7 financial injury verdicts overall and 20 plaintiffs in Louisiana, a state jury liability bill, he claimed that the bill would protect drunk drivers and terror- 1 in every 5 financial injury cases in the awarded $2.3 million in compensatory ists. Our bill will not apply to any case State of California; and $2.5 billion in punitive damages where the injury was caused by a per- (C) between calendar years 1985 through against CSX. Although the Louisiana son who was committing a crime of vi- 1989 and calendar years 1990 through 1994, the Supreme Court at least temporarily average punitive damage verdict in financial olence, an act of terrorism, a hate barred this irrational verdict—because injury cases increased from $3,400,000 to crime, a felony sexual offense, or that under Louisiana law no verdict for $7,600,000; occurred when the defendant was under damages may be made until all the un- (D) between calendar years 1985 through the influence of alcohol or drugs. These 1989 and calendar years 1990 through 1994, the derlying claims are decided—a far more exceptions, combined with the bill’s award of such damages at the 90th percentile common practice is for courts to halve qualification that excludes cases where increased from $3,900,000 to $12,100,000; or reduce the punitive portion of the an individual has suffered a permanent (E) between calendar years 1985 through award. Of course, half of $2.5 billion is physical injury or impairment, will en- 1989 and calendar years 1990 through 1994, the total amount of punitive damages awarded still a staggering amount to pay for sure that this bill will not limit puni- any private entity. From coffee spills increased from $1,200,000,000 to $2,300,000,000, tive damages in cases where such egre- for a 10-year total of $3,500,000,000; at McDonald’s to medical malpractice, gious conduct has occurred or where a in the words of Morton Kondracke in a (F) punitive damages represent a very serious injury has been inflicted. large percentage of total damages awarded recent article in Roll Call, ‘‘trial law- Finally, we have included in the bill in all financial injury verdicts, increasing yers reap exorbitant profits by trolling a provision specifically designed to from 44 percent to 59 percent during the pe- for clients and convincing juries to protect small businesses, which form riod analyzed; and sock it to supposedly deep-pocketed de- the backbone of Utah’s and our coun- (G) in the State of Alabama, punitive dam- fendants. Consumers pay the bill as try’s economy. Excessive, unpredict- ages represent 82 percent of all damages companies pass on their massive insur- able, and often arbitrary punitive dam- awarded in financial injury cases; ance premiums through higher prices.’’ (2)(A) punitive damage verdicts are only age awards jeopardize the financial the tip of the iceberg because only a small Indeed, the very efficiency of the well-being of many individuals and American market has been weakened percentage of all complaints filed (1.6 per- companies, particularly the Nation’s cent according to a Department of Justice by these trends. Certainly, increased small businesses. Under this bill, if the study in 1995) result in a jury verdict; and litigation and unnecessarily large puni- claim for damages is against an indi- (B) the Rand Institute of Civil Justice calls tive damage awards have increased the vidual whose net worth is less than the impact of these verdicts on settlements price of doing business. Undoubtedly, $500,000 or against a business with less the ‘‘shadow effect’’ of punitive damages; these costs have been passed on to con- than 25 full-time employees, then puni- (3) excessive, unpredictable, and often arbi- sumers and have led to a decrease in tive damages are limited to the lesser trary punitive damage awards have a direct and undesirable effect on interstate com- productivity and a rise in unemploy- of 3 times the economic loss or $250,000. ment. This is supported by a fairly re- merce by increasing the cost and decreasing Establishing a rule of proportionality the availability of goods and services; cent study done by Representative and between the amount of punitive dam- (4) as a result of excessive, unpredictable, law professor Tom Campbell and other ages awarded and the amount of eco- and often arbitrary punitive damage awards, scholars, under the aegis of Stanford nomic damages would be fair to both consumers have been adversely affected University, which demonstrated that plaintiffs and defendants. In addition, through the withdrawal of products, pro- in jurisdictions that reform the civil li- we will take a step towards resolving ducers, services, and service providers from ability process—including placing caps the constitutional objection, raised by the marketplace, and from excessive liabil- on punitive damages—productivity and the United States Supreme Court last ity costs passed on to consumers through employment rise. year in BMW of North America v. Gore, higher prices; Furthermore, untenable jury verdicts (5) excessive, unpredictable, and often arbi- to punitive damages that are grossly trary punitive damage awards jeopardize the create what Rand calls a ‘‘shadow ef- excessive in relation to the harm suf- financial well-being of many individuals and fect’’ whereby verdicts totaling tens of fered. companies, particularly the Nation’s small billions of dollars send signals as to Mr. President, we must restore ra- businesses, and adversely affect government what other juries might do. Thousands tionality, certainty, and fairness to the and taxpayers;

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12599 (6) individual State legislatures can create or between any such territory and another, determination by the court. The liability of only a partial remedy to address these prob- or between any such territory and any State any other person in such an action shall be lems because each State lacks the power to or foreign nation, or between the District of determined in accordance with this Act. control the imposition of punitive damages Columbia and any State or territory or for- SEC. 5. PROPORTIONAL AWARDS. in other States; eign nation; (a) AMOUNT.— (7) it is the constitutional role of the na- (6) ‘‘person’’ means any individual, cor- (1) IN GENERAL.—The amount of punitive tional Government to remove barriers to poration, company, association, firm, part- damages that may be awarded to a claimant interstate commerce and to protect due nership, society, joint stock company, or any in any civil action that is subject to this Act process rights; other entity (including any governmental shall not exceed the greater of— (8) there is a need to restore rationality, entity); (A) 3 times the amount awarded to the certainty, and fairness to the award of puni- (7) ‘‘punitive damages’’ means damage claimant for economic loss; or tive damages in order to protect against ex- awarded against any person to punish or (B) $250,000. cessive, arbitrary, and uncertain awards; deter such person, or others, from engaging (2) SPECIAL RULE.— (9) establishing a rule of proportionality, in similar behavior in the future; and (A) IN GENERAL.—Notwithstanding para- in cases that primarily involve financial in- (8) ‘‘qualified charity’’ means any organi- graph (1), in any civil action that is subject jury, between the amount of punitive dam- zation exempt from filing information re- to this Act against an individual whose net ages awarded and the amount of compen- turns pursuant to section 6033(a) of the Inter- worth does not exceed $500,000 or against an satory damages, as 15 States have estab- nal Revenue Code of 1986 as that exemption owner of an unincorporated business, or any lished, would— exists on the effective date of this Act. partnership, corporation, association, unit of (A) be fair to both plaintiffs and defend- SEC. 4. APPLICABILITY. local government, or organization that has ants; and (a) GENERAL RULE.— fewer than 25 full-time employees, the (B) address the constitutional objection of (1) CIVIL ACTIONS COVERED.—Except as pro- amount of punitive damages shall not exceed the United States Supreme Court in BMW of vided in subsection (b), this Act applies to the lesser of— North America v. Gore 116 S. Ct. 1589 (1996) any civil action brought in any Federal or (i) 3 times the amount awarded to the to punitive damages that are grossly exces- State court where such action affects inter- claimant for economic loss; or sive in relation to the harm suffered; and state commerce, charitable or religious ac- (ii) $250,000. (10) permitting a maximum for each claim- tivities, or implicates rights or interests (B) APPLICABILITY.—For purposes of deter- ant recovery for punitive damages of the that may be protected by Congress under mining the applicability of this paragraph to greater of 3 times the amount of economic section 5 of the 14th amendment of the a corporation, the number of employees of a loss or $250,000 is a balanced solution that United States Constitution and where the subsidiary of a wholly owned corporation would reduce grossly excessive punitive dam- claimant seeks to recover punitive damages shall include all employees of a parent cor- age awards by as much as 40 percent, accord- under any theory for harm that did not re- poration or any subsidiary of that parent ing to the Rand Institute for Civil Justice. sult in death, serious and permanent phys- corporation. (b) PURPOSES.—Based upon the powers con- ical scarring or disfigurement, loss of a limb (b) APPLICATION OF LIMITATIONS BY THE tained in Article I, section 8, clause 3 and or organ, or serious and permanent physical COURT.—The limitations in subsection (a) section 5 of the 14th amendment of the impairment of an important bodily function. shall be applied by the court and shall not be United States Constitution, the purposes of Punitive damages may, to the extent per- disclosed to the jury. this Act are to— mitted by applicable State law, be awarded SEC. 6. PREEMPTION. (1) promote the free flow of goods and serv- against a person in such a case only if the Nothing in this Act shall be construed to— ices and to lessen burdens on interstate com- claimant establishes that the harm that is (1) create a cause of action for punitive merce; and the subject of the action was proximately damages; (2) uphold constitutionally protected due caused by such person. Notwithstanding any (2) supersede or alter any Federal law; other provision of this Act, punitive damages process rights by placing reasonable limits (3) preempt or supersede any Federal or may, to the extent permitted by applicable on damages over and above the actual dam- State law to the extent such law would fur- State law, be awarded against a qualified ages suffered by a claimant. ther limit the award of punitive damages; or charity only if the claimant established by (4) modify or reduce the ability of courts to SEC. 3. DEFINITIONS. clear and convincing evidence that the harm order remittitur. For purposes of this Act, the term— that is the subject of the action was proxi- (1) ‘‘act of terrorism’’ means any activity mately caused by an intentionally tortious SEC. 7. FEDERAL CAUSE OF ACTION PRECLUDED. The district courts of the United States that— act of such qualified charity. shall not have jurisdiction pursuant to this (A)(i) is a violation of the criminal laws of (2) QUESTION OF LAW.—What constitutes Act based on section 1331 or 1337 of title 28, the United States or any State; or death, serious and permanent physical scar- United States Code. (ii) would be a criminal violation if com- ring or disfigurement, loss of a limb or mitted within the jurisdiction of the United organ, or serious and permanent physical im- SEC. 8. EFFECTIVE DATE. States or any State; and pairment of an important bodily function This Act applies to any civil action de- (B) appears to be intended to intimidate or shall be a question of law for the court. scribed in section 4 that is commenced on or coerce a civilian population, to influence the (b) EXCEPTIONS.— after the date of enactment of this Act, with- policy of a government by intimidation or (1) IN GENERAL.—The provisions of this Act out regard to whether the harm that is the coercion, or to affect the conduct of a gov- shall not apply to any person in a civil ac- subject of the action or the conduct that ernment by assassination or kidnaping; tion described in subsection (a)(1) if the mis- caused the harm occurred before such date of (2) ‘‘claimant’’— conduct for which punitive damages are enactment. (A) means any person who brings a civil ac- awarded against that person— tion that is subject to this Act and any per- (A) constitutes a crime of violence (as that By Mr. FAIRCLOTH: son on whose behalf such an action is term is defined in section 16 of title 18, S. 1555. A bill to amend the Internal brought; and United States Code) for which the defendant Revenue Code of 1986 to restructure (B) includes— has been convicted in any court; and reform the Internal Revenue Serv- (i) a claimant’s decedent if such action is (B) constitutes an act of terrorism for ice, and for other purposes; to the Com- brought through or on behalf of an estate; which the defendant has been convicted in mittee on Finance. and any court; THE INTERNAL REVENUE SERVICE OVERSIGHT, (ii) a claimant’s legal guardian if such ac- (C) constitutes a hate crime (as that term RESTRUCTURING AND TAX CODE ELIMINATION tion is brought through or on behalf of a is used in the Hate Crime Statistics Act, ACT OF 1997 minor or incompetent; Public Law 101–275; 104 Stat. 140; 28 U.S.C. 534 Mr. FAIRCLOTH. Mr. President, (3) ‘‘economic loss’’ means objectively note) for which the defendant has been con- today I am introducing S. 1555, the ‘‘In- verifiable monetary losses including medical victed in any court; expenses, loss of earnings, burial costs, loss (D) occurred at a time when the defendant ternal Revenue Service Oversight, Re- of use of property, costs of repair or replace- was under the influence (as determined pur- structuring and Tax Code Elimination ment, costs of obtaining substitute domestic suant to applicable State law) of intoxi- Act of 1997.’’ This legislation estab- services, loss of employment, and loss of cating alcohol or any drug that may not law- lishes an oversight board composed of business or employment opportunities, to fully be sold without a prescription and had private citizens to review the policies the extent such recovery is allowed under ap- been taken by the defendant other than in and practices of our nation’s tax collec- plicable Federal or State law; accordance with the terms of a lawful pre- tion agency. The measure also elimi- (4) ‘‘harm’’ means any legally cognizable scription; or nates the existing tax code by Decem- wrong or injury for which punitive damages (E) constitutes a felony sexual offense, as may be imposed; defined by applicable Federal or State law, ber 31, 2000, and eliminates the Internal (5) ‘‘interstate commerce’’ means com- for which the defendant has been convicted Revenue Service by the end of the Year merce among the several States or with for- in any court. 2000 fiscal year. eign nations, or in any territory of the (2) QUESTION OF LAW.—The applicability of Mr. President, the American people United States or in the District of Columbia, this subsection shall be a question of law for have been telling this Congress that all

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12600 CONGRESSIONAL RECORD — SENATE November 13, 1997 is not right at the Internal Revenue Americans; require a supermajority of It includes child nutrition provisions Service, and it is time for the Congress both Houses of Congress to raise taxes; that were included, with some modi- to do something about it. Of course, no provide tax relief for working Ameri- fications, in the Senate-passed re- one enjoys paying their taxes, but the cans; protect the rights of taxpayers search bill—which passed the Senate American people voluntarily comply and reduce tax collection abuses; elimi- by unanimous consent. with the tax code to a degree that is nate the bias against savings and in- Over the recess I intend to consult the envy of governments around the vestment; promote economic growth with nutrition leaders in Vermont, the world. They do so because they want to and job creation; encourage rather Under Secretary for Food and Con- do what is right. They deserve to be than penalize marriage and families; sumer Services, Shirley Watkins, Sec- treated fairly, and they deserve a tax protect the integrity of Social Security retary Glickman, national nutrition system that supports working families, and Medicare; and provide for a tax- advocates and local program directors not one that punishes them. payer-friendly collections process to to gather information for the reauthor- This past September, the Senate replace the Internal Revenue Service. ization effort. Committee on Finance held hearings in Mr. President, it is time to get rid of Also, I urge the President to include which taxpayers described the many the I.R.S. and the massive and incom- sufficient funding in his budget pro- abuses they have suffered at the hands prehensible tax code in favor of a fair- posals to fund this bill as well as other of the Internal Revenue Service. The er, simpler system. I firmly believe nutrition initiatives which the Sec- general theme of those hearings was an that we will never be rid of our tax retary and the Under Secretary for agency which has become arrogant and code until Congress sets out a specific Food and Consumer Services are work- unresponsive to the American people, deadline for its elimination. That is ing to develop. ruining businesses and causing consid- what my bill does. We should begin the I must compliment Under Secretary erable suffering to the men and women national debate now over the form a Shirley Watkins for the great job she who were unlucky enough to be the new tax code should take. I have laid has done so far. She has taken strong focus of IRS scrutiny. For most Ameri- out a series of guidelines in this legis- command of an agency that was adrift. Also, I continue to appreciate Sec- cans, those hearings were an all too fa- lation for the new tax code. Without retary Dan Glickman’s leadership role miliar reflection of a painful episode in the current tax code, there is no need in the administration regarding nutri- their own lives. for the I.R.S., and it is my view that tion programs and the strong support Mr. President, something must be this agency is too entrenched in its bu- of his chief of staff, Greg Frazier. done about the Internal Revenue Serv- reaucratic ways to be reformed. It I note also that Senator TIM JOHNSON ice and the massive Internal Revenue should simply be eliminated. Until the has introduced a school lunch program Code of 1986. Our tax code is incompre- I.R.S. is gone, an oversight board is bill. I will carefully study that bill over hensible to all but a few tax attorneys badly needed to protect the interests of the recess. I will also look at the study who make their living off of the cur- the taxpayers, and act as a watchdog conducted by the Minnesota Depart- rent chaos created by our tax laws. over this unaccountable agency. I urge ment of Children, Families and Learn- What is worse, the agency charged with my colleagues to support this legisla- ing called Energizing the Classroom. enforcing our tax laws has developed tion. Over the years many Vermonters procedures to target their auditing ef- have provided me with outstanding ad- By Mr. LEAHY: forts at middle class taxpayers. vice and guidance on child nutrition S. 1556. A bill to improve child nutri- The time has come to get rid of the issues. I.R.S., get rid of our nightmarish tax tion programs, and for other purposes; I intend to work with Jo Busha who code, and create an oversight board to the Committee on Agriculture, Nu- heads the Child Nutrition Programs for composed entirely of citizens from out- trition, and Forestry. the Vermont Department of Education. side of the I.R.S. to keep watch over THE CHILD NUTRITION INITIATIVES ACT She has done a remarkable job in pro- that agency until the date when it Mr. LEAHY. Mr. President, as the moting school-based nutrition pro- ceases to exist. ranking member of the nutrition sub- grams and was recently commended by To carry out those objectives, I have committee, I want to make very clear the Food Research and Action Center introduced S. 1555, the Internal Rev- that I am looking forward to working for her accomplishments. I was very enue Service Oversight, Restructuring with the chairman of the Agriculture, pleased to work with the committee on and Tax Code Elimination Act of 1997. Nutrition and Forestry Committee, a bill that set up the school breakfast This legislation establishes an over- Senator LUGAR, with the ranking mem- startup grant program which has sight board composed of nine members, ber, Senator HARKIN, and with the worked extremely well in Vermont. It each of whom are from the private sec- chairman of the nutrition sub- provided thousands of dollars to tor, and at least one of whom must be committee, Senator MCCONNELL, on Vermont schools to cover the one-time an owner or manager of a small busi- the child nutrition reauthorization bill costs of setting up a breakfast pro- ness. This oversight board will be re- next year. gram. sponsible for reviewing the policies and When I was chairman of that com- I look forward to receiving advice practices of the Internal Revenue Serv- mittee, and continuing under the helm from Mary Carlson, president of the ice. of Senator LUGAR, the Agriculture National Association of Farmers’ Mar- Among the specific areas the board Committee worked together in a bipar- kets Nutrition Programs, on the WIC- will oversee are the agency’s auditing tisan fashion on nutrition legislation. Farmer’s Market Program known as procedures and collections practices, as I am proud of all the members of that the Farm-to-Family program in well as the agency’s procurement poli- committee who over the years worked Vermont. cies for information technology. Pro- together on improving nutrition pro- This program has helped in greatly curement at the I.R.S. has resulted in grams for children. I also had the privi- expanding the number of farmers mar- outrageous waste and misuse of tax- lege of working with the former major- kets in Vermont and helped low-in- payer funds, such as the decision to ity leader—Senator Bob Dole—on many come families provide their children spend nearly $4 billion to develop a new child nutrition matters. with healthy foods. computer system, which officials now The bill that I am introducing today My bill would assure funding for this concede has been a complete failure. does not represent my effort on a reau- program and permit other States to Creating an oversight board to rein thorization bill—I will work on that participate in the program, or to in- in the IRS is just the first step. S. 1555 bill with members of the committee, crease their participation levels. also calls for the tax code to be termi- including the three leadership Mem- The bill provides assured funding for nated as of December 31, 2000, with ex- bers mentioned above. programs like the Vermont Common ceptions for Social Security and Rail- Rather, this bill indicates changes Roots program of Food Works, a non- road Retirement. that should be enacted into law regard- profit educational organization in My bill sets out several guidelines for less of other actions the Congress Vermont which has been praised by the structure of a new tax code. The might take regarding child nutrition educators and administrators as an ef- new code should apply a low rate to all reauthorization. fective educational tool.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12601 Robert Dostis has done an out- additional financial support—of 75 together on the child nutrition provi- standing job as the executive director cents per day for each child trans- sions in the Senate-passed research of the Vermont Campaign to End ported to and from school—is only ap- bill. Childhood Hunger. He also deserves a plicable in very rural areas, as defined I also look forward to working with great deal of credit regarding the effort by USDA. all the Members of the House of Rep- to get more schools on the school Vermont child care sponsors strongly resentatives Education and the Work- breakfast program. He has recently recommended that I support funding force Committee. I know they have a written a ‘‘Report on Childhood Hunger for an additional meal supplement for keen interest in protecting children in Vermont: A Handbook for Action.’’ children who are in a child care center and I have enjoyed working in the past He cites some startling statistics in for 8 hours or more. Section 103 of the with Chairman Goodling and with the this report. For example, he notes that bill does just that and thus helps work- ranking minority member Mr. BILL about 8,000 Vermont children are re- ing parents. CLAY. ceiving food from local Vermont food The bill provides for the eligibility of The last reauthorization bill passed shelves—which is double the figure for additional schools for the after school both the Senate and the House of Rep- 1990. care meals program and expands fund- resentatives by unanimous consent. In addition, nearly 222,000 meals are ing for a program that provides meals This shows how well the Congress can being served yearly at two dozen com- to homeless preschool children in work together when the interests of munity kitchens in Vermont—that is emergency shelters. children are at stake. 21 percent more than in 1994. Title II of the bill creates a grant Mr. President, I ask unanimous con- I will be also working with Donna program to assist schools and others to sent that the text of the bill be printed Bister, as I have for years, on issues reestablish or expand a school breakfast in the RECORD. lated to the WIC program and with Ali- program, or a summer food service pro- There being no objection, the bill was son Gardner who is the Public Health gram. $5 million, per year, in manda- ordered to be printed in the RECORD, as Nutrition Chief, for the Vermont De- tory funding would be made available follows: partment of Health. for this effort. S. 1556 I want to extend a special thanks to The school breakfast start up pro- Be it enacted by the Senate and House of Rep- Dr. Richard Narkewicz of Vermont who gram in Vermont, before it was termi- resentatives of the United States of America in is a past president of the American nated by Congress, was a remarkable Congress assembled, Academy of Pediatrics. He recently success in part due to the hard work of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. visited me with his grandson Corey. Jo Busha, Bob Dostis, the Vermont (a) SHORT TITLE.—This Act may be cited as Most of all I want to thank the hun- School Food Service Association, and the ‘‘Child Nutrition Initiatives Act’’. dreds of volunteers who run Vermont’s many others. (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Food Shelves and Community Kitch- Also under Title II of the bill, the ens, and all of those helping out at WIC Farmers’ Market Program is pro- Sec. 1. Short title; table of contents. Vermont’s Community Action Agen- vided guaranteed funding. I have TITLE I—NATIONAL SCHOOL LUNCH ACT cies. worked on this program for a number Sec. 101. Grants to integrate food and nutri- For many years I have watched the of years with Mary Carlson of tion projects with elementary school curricula. tremendous contributions made by the Vermont. Mary is now the president of Sec. 102. Summer food service program for Vermont FoodBank in the fight the association that represents State children. against hunger. They have been a first farmers’ market nutrition programs Sec. 103. Child and adult care food program. line of defense against child hunger in such as the WIC Farmers’ Market Pro- Sec. 104. Meal supplements for children in Vermont and I look forward to working gram. Making this tremendous pro- afterschool care. with their director, Deborah Flateman. gram mandatory will assure funding Sec. 105. Homeless children nutrition pro- All of these Vermonters, and hun- and avoid any appearance of being in gram. Sec. 106. Boarder baby and other pilot dreds more who I have not mentioned, competition with the WIC program for projects. carry out the true Vermont tradition appropriated funds. Sec. 107. Information clearinghouse. of extending a helping hand to neigh- The bill also sets forth a sense of the TITLE II—CHILD NUTRITION ACT OF 1966 Congress that the WIC program should bors in need. Sec. 201. Area grant program. My bill incorporates many ideas from be fully funded, now and forever, for all Sec. 202. Special supplemental nutrition Vermonters. I have often designed nu- eligible applicants nationwide. I know program for women, infants, trition legislation based on ideas from that reaching this goal has taken a and children. State and local officials from around long time. I appreciate all the help Sec. 203. Nutrition education and training. the Nation. that Donna Bister, the Vermont WIC TITLE I—NATIONAL SCHOOL LUNCH ACT Since this bill is not a full reauthor- Director, and many other Vermonters, SEC. 101. GRANTS TO INTEGRATE FOOD AND NU- ization bill—which I will cosponsor at a as well as Bread for the World at the TRITION PROJECTS WITH ELEMEN- later date with other members of the national level, have provided on the TARY SCHOOL CURRICULA. Committee—I have not automatically WIC program. David Beckmann and Section 12(m) of the National School extended each expiration date in cur- Lunch Act (42 U.S.C. 1760(m)) is amended— Barbara Howell of Bread for the World (1) by striking ‘‘(m)(1) The’’ and inserting rent law. I will certainly support such have worked for years toward this goal. the following: extensions as appropriate at a later Finally, I have heard from Alison ‘‘(m) GRANTS TO INTEGRATE FOOD AND NU- date and will support many other im- Gardner about the problems she is hav- TRITION PROJECTS WITH ELEMENTARY SCHOOL provements to the bill. ing with funding for the Nutrition, CURRICULA.— Section 101 is based on an idea pro- Education and Training Program. Con- ‘‘(1) IN GENERAL.—Subject to paragraph (5), vided to me by Joseph Keifer of the gress made that program mandatory the’’; Vermont Food Works program. It pro- but then changed its status back to a (2) by striking paragraph (3) and inserting the following: vides modest Federal funding to help program subject to appropriations. My ‘‘(3) AMOUNT OF GRANTS.—Subject to para- integrate food and nutrition projects bill will provide $10 million a year for graph (5), the Secretary shall make grants to with elementary school curricula for a that program and provide a State min- each of the 3 private organizations or insti- few pilot tests of this provision. imum grant of $85,000 per year. tutions selected under this subsection in Section 102 increases the reimburse- I want to emphasize again that my amounts of not less than $60,000, nor more ment rates for the summer food service bill represents some important child than $130,000, for each of fiscal years 1999 program to a level that should encour- nutrition initiatives. I hope they will through 2001.’’; and age strong participation. At the recall be included in the reauthorization (3) by striking paragraph (5) and inserting ommendation of the Vermont Cam- bill. I look forward to working with the following: ‘‘(5) PAYMENTS.— UGAR ARKIN C ONNELL paign to End Childhood Hunger the bill Senators L , H , M C ‘‘(A) IN GENERAL.—Out of any moneys in also provides special funding to help and all the other members of the Agri- the Treasury not otherwise appropriated, the defray the costs of transporting chil- culture, Nutrition and Forestry Com- Secretary of the Treasury shall provide to dren to the food service locations. This mittee on this effort just as we worked the Secretary to carry out this subsection

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12602 CONGRESSIONAL RECORD — SENATE November 13, 1997

$300,000 for each of fiscal years 1999 through (1) by redesignating subparagraphs (A) and ‘‘(f) AREA GRANT PROGRAM.— 2001. (B) as clauses (i) and (ii), respectively; ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(B) ENTITLEMENT TO FUNDS.—The Sec- (2) by striking ‘‘(2) Any service’’ and in- ‘‘(A) ELIGIBLE SCHOOL.—The term ‘eligible retary shall be entitled to receive the funds serting the following: school’ means a school— made available under subparagraph (A) and ‘‘(2) MEALS AND SUPPLEMENTS.— ‘‘(i) attended by children, a significant per- shall accept the funds. ‘‘(A) IN GENERAL.—Any service’’; centage of whom— ‘‘(C) INSUFFICIENT NUMBER OF APPLICANTS.— (3) by striking ‘‘3 meals, or 2 meals and 1 ‘‘(I) are members of low-income families, The Secretary may expend less than the supplement,’’ and inserting ‘‘4 meals’’; and as determined by the Secretary; or amount described in subparagraph (A) for a (4) by adding at the end the following: ‘‘(II) live in rural areas and have unmet fiscal year to the extent that there is an in- ‘‘(B) CAMPS AND MIGRANT PROGRAMS.—A needs for initiation or expansion of a school sufficient number of suitable applicants for camp or migrant program may serve a breakfast or summer food service program grants under this subsection for the fiscal breakfast, a lunch, a supper, and meal sup- for children; and year. plements.’’. ‘‘(ii)(I) as used with respect to a school ‘‘(D) UNOBLIGATED FUNDS.—Of any funds (h) EXTENSION.—Section 13(q) of the Na- breakfast program, that agrees to operate that are made available, but not obligated, tional School Lunch Act (42 U.S.C. 1761(q)) is the school breakfast program established or for a fiscal year under this paragraph— amended by striking ‘‘1998’’ and inserting expanded with the assistance provided under ‘‘(i) 25 percent shall remain available until ‘‘2003’’. this subsection for a period of not less than expended; and SEC. 103. CHILD AND ADULT CARE FOOD PRO- 3 years; and ‘‘(ii) the remainder shall be returned to the GRAM. ‘‘(II) as used with respect to a summer food (a) EXTENSIONS.—Section 17 of the National general fund of the Treasury.’’. service program for children, that agrees to School Lunch Act (42 U.S.C. 1766) is amend- SEC. 102. SUMMER FOOD SERVICE PROGRAM FOR operate the summer food service program for ed— CHILDREN. children established or expanded with the as- (1) in subsection (c)(6)(B), by striking (a) PURPOSES.—Section 13(a)(1) of the Na- sistance provided under this subsection for a ‘‘1997’’ and inserting ‘‘2003’’; tional School Lunch Act (42 U.S.C. 1761(a)(1)) period of not less than 3 years. (2) in subsection (f)(3)(D), by striking ‘‘fis- is amended in the first sentence by striking ‘‘(B) SERVICE INSTITUTION.—The term ‘serv- cal year 1997’’ each place it appears and in- ‘‘initiate and maintain’’ and inserting ‘‘ini- ice institution’ means an institution or orga- serting ‘‘each of fiscal years 1997 through tiate, maintain, and expand’’. nization described in paragraph (1)(B) or (7) (b) DEFINITION OF AREAS IN WHICH POOR 2003’’; and of section 13(a) of the National School Lunch ECONOMIC CONDITIONS EXIST.—Section (3) in subsection (p), by striking ‘‘1998’’ Act (42 U.S.C. 1761(a)). 13(a)(1)(C) of the National School Lunch Act each place it appears and inserting ‘‘2003’’. ‘‘(C) SUMMER FOOD SERVICE PROGRAM FOR (42 U.S.C. 1761(a)(1)(C)) is amended by strik- (b) NUMBER OF MEALS AND SUPPLEMENTS.— CHILDREN.—The term ‘summer food service ing ‘‘50 percent’’ and inserting ‘‘40 percent’’. Section 17(f)(2)(B) of the National School program for children’ means a program au- (c) COMMERCIAL VENDORS.—Section 13(a)(2) Lunch Act (42 U.S.C. 1766(f)(2)(B)) is amended of the National School Lunch Act (42 U.S.C. by striking ‘‘2 meals and 1 supplement’’ and thorized by section 13 of the National School 1761(a)(2)) is amended in the first sentence— inserting ‘‘2 meals and 2 supplements, or 3 Lunch Act (42 U.S.C. 1761). (1) by striking ‘‘institution or’’ and insert- meals and 1 supplement,’’.’’. ‘‘(2) ESTABLISHMENT.—The Secretary shall ing ‘‘institution,’’; and (c) GRANTS TO STATES TO PROVIDE ASSIST- establish a program under this subsection to (2) by inserting before the period at the end ANCE TO FAMILY OR GROUP DAY CARE be known as the ‘Area Grant Program’ (re- the following: ‘‘, or by commercial vendors’’. HOMES.—Section 17(f)(3)(D)(ii)(I) of the Na- ferred to in this subsection as the ‘Program’) (d) NUMBER OF PRIVATE NONPROFIT ORGANI- tional School Lunch Act (42 U.S.C. to assist eligible schools and service institu- ZATIONS IN A RURAL AREA.—Section 1766(f)(3)(D)(ii)(I)) is amended by striking tions through grants to initiate or expand 13(a)(7)(B)(i)(II) of the National School ‘‘$30,000’’ and inserting ‘‘$45,000’’. programs under the school breakfast pro- Lunch Act (42 U.S.C. 1761(a)(7)(B)(i)(II)) is SEC. 104. MEAL SUPPLEMENTS FOR CHILDREN IN gram and the summer food service program amended by striking ‘‘20 sites’’ and inserting AFTERSCHOOL CARE. for children. ‘‘25 sites’’. Section 17A(a)(2)(C) of the National School ‘‘(3) PAYMENTS.— (e) SECOND HELPINGS.—Section 13(a) of the Lunch Act (42 U.S.C. 1766a(a)(2)(C))) is ‘‘(A) IN GENERAL.—Out of any moneys in National School Lunch Act (42 U.S.C. 1761(a)) amended by striking ‘‘on May 15, 1989’’. the Treasury not otherwise appropriated, the is amended by adding at the end the fol- SEC. 105. HOMELESS CHILDREN NUTRITION PRO- Secretary of the Treasury shall provide to lowing: GRAM. the Secretary to carry out this subsection ‘‘(8) SECOND HELPINGS.—In carrying out Section 17B(g)(1) of the National School $5,000,000 for fiscal year 1998 and each fiscal this section, the Secretary shall issue regu- Lunch Act (42 U.S.C. 1766b(g)(1)) is amended year thereafter. lations that provide an allowance for a sec- in the first sentence by striking ‘‘and ‘‘(B) ENTITLEMENT TO FUNDS.—The Sec- ond helping of up to 5 percent of the quan- $3,700,000 for fiscal year 1999’’ and inserting retary shall be entitled to receive the funds tity of the first helping served.’’. ‘‘$3,700,000 for fiscal year 1999, $4,000,000 for made available under subparagraph (A) and (f) PAYMENTS.—Section 13(b)(1) of the Na- fiscal year 2000, $4,100,000 for fiscal year 2001, shall accept the funds. tional School Lunch Act (42 U.S.C. 1761(b)(1)) and $4,200,000 for fiscal year 2002’’. ‘‘(C) USE OF FUNDS.—The Secretary shall is amended— SEC. 106. BOARDER BABY AND OTHER PILOT use the funds made available under subpara- (1) in subparagraph (B)(i), by striking PROJECTS. graph (A) to make payments under the Pro- ‘‘$1.97’’ and inserting ‘‘$2.23’’; Section 18 of the National School Lunch gram— (2) in subparagraph (C), by striking ‘‘sub- Act (42 U.S.C. 1769) is amended— ‘‘(i) in the case of the school breakfast pro- paragraph (B)’’ and inserting ‘‘subparagraphs (1) in subsection (c)— gram, to school food authorities for eligible (B) and (D)’’; and (A) by striking ‘‘1998’’ each place it appears schools; and (3) by adding at the end the following: and inserting ‘‘2003’’; and ‘‘(ii) in the case of the summer food service (B) in paragraph (3)(A)— ‘‘(D) REIMBURSEMENT FOR TRANSPOR- program for children, to service institutions. (i) in clause (v), by striking ‘‘and’’ at the TATION.— ‘‘(D) INSUFFICIENT NUMBER OF APPLI- end; and ‘‘(i) IN GENERAL.—The Secretary shall pro- CANTS.—The Secretary may expend less than vide an additional reimbursement to each el- (ii) by adding at the end the following: the amount described in subparagraph (A) igible service institution located in a very ‘‘(vii) salaries and expenses of support for a fiscal year to the extent that there is rural area (as defined by the Secretary) for staff, including management, medical, nurs- an insufficient number of suitable applicants the cost of transporting each child to and ing, janitorial, and other support staff; and’’; to initiate or expand programs under this from a feeding site for children who are (2) in subsection (e)(5), by striking ‘‘and subsection for the fiscal year. brought to the site by the service institution 1998’’ and inserting ‘‘through 2003’’; ‘‘(4) PRIORITY.—The Secretary shall make or for whom transportation is arranged by (3) in subsections (g)(5) and (h)(5), by strik- payments under the Program on a competi- the service institution. ing ‘‘1997’’ each place it appears and insert- tive basis and in the following order of pri- ing ‘‘2003’’; and ‘‘(ii) AMOUNT.—Subject to clause (iii), the ority (subject to the other provisions of this amount of reimbursement provided to a serv- (4) in subsection (i)(8), by striking ‘‘1998’’ subsection) to: ice institution under this subparagraph may and inserting ‘‘2003’’. ‘‘(A) School food authorities for eligible not exceed the lesser of— SEC. 107. INFORMATION CLEARINGHOUSE. schools to assist the schools with non- ‘‘(I) 75 cents per day for each child trans- Section 26(d) of the National School Lunch recurring expenses incurred in— ported to and from a feeding site; or Act (42 U.S.C. 1769g(d)) is amended in the ‘‘(i) initiating a school breakfast program ‘‘(II) the actual cost of transporting chil- first sentence by striking ‘‘$100,000 for fiscal under this section; or dren to, and home from, a feeding site. year 1998’’ and inserting ‘‘$185,000 for each of ‘‘(ii) expanding a school breakfast pro- fiscal years 1998 through 2003’’. ‘‘(iii) ADJUSTMENTS.—The amounts speci- gram. fied in clause (ii) shall be adjusted in accord- TITLE II—CHILD NUTRITION ACT OF 1966 ‘‘(B) Service institutions to assist the in- ance with subparagraph (C).’’. SEC. 201. AREA GRANT PROGRAM. stitutions with nonrecurring expenses in- (g) NUMBER OF MEALS AND SUPPLEMENTS.— Section 4 of the Child Nutrition Act of 1966 curred in— Section 13(b)(2) of the National School Lunch (42 U.S.C. 1773) is amended by adding at the ‘‘(i) initiating a summer food service pro- Act (42 U.S.C. 1761(b)(2)) is amended— end the following: gram for children; or

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12603 ‘‘(ii) expanding a summer food service pro- $15,000,000 for fiscal year 1999, $19,000,000 for an important source of employment for gram for children. fiscal year 2000, and $24,000,000 for fiscal year many Americans. Since many Ameri- ‘‘(5) ADDITIONAL PAYMENTS.—Payments 2001, $30,000,000 for fiscal year 2002 and cans rely on trapping for their liveli- under the Program shall be in addition to $37,000,000 for fiscal year 2003. Such funds hood, it is imperative to find a solution payments under subsection (b) of this section shall remain available for this program until and section 13 of the National School Lunch expended. which prevents the considerable dam- Act (42 U.S.C. 1761). ‘‘(ii) ENTITLEMENT TO FUNDS.—The Sec- age that this ban would cause to our ‘‘(6) PREFERENCES.—Consistent with para- retary shall be entitled to receive the funds fur industry. It is important to note graph (4), in making payments under the made available under subparagraph (A) and that since the steel-jaw leghold trap Program for any fiscal year to initiate or ex- shall accept the funds.’’. has been banned in Europe, alter- pand school breakfast programs or summer SEC. 203. NUTRITION EDUCATION AND TRAINING. natives have been provided to protect food service programs for children, the Sec- Section 19(i) of the Child Nutrition Act of and maintain the European fur indus- retary shall provide a preference to a school 1966 (42 U.S.C. 1788(i)) is amended— try. food authority for an eligible school or serv- (1) in paragraph (2)— Our Nation would be far better served ice institution that— (A) in the first sentence of subparagraph by ending the use of the archaic and in- ‘‘(A) in the case of a summer food service (A), by inserting ‘‘and each succeeding fiscal program for children, is a public or private year’’ after ‘‘1996’’; and humane steel jaw leghold trap. By nonprofit school food authority; (B) by striking subparagraph (B) and in- doing so, we are not only setting a ‘‘(B) has significant public or private re- serting the following: long-overdue humane standard for sources that will be used to carry out the ini- ‘‘(B) MINIMUM AMOUNT.—The minimum trapping, we are ensuring that the Eu- tiation or expansion of the programs during amount of a grant provided to a State for a ropean market remains open to all the year; fiscal year under this section shall be American fur exports. ‘‘(C) serves an unmet need among low-in- $85,000.’’; Mr. President, I ask unanimous con- come children, as determined by the Sec- (2) by striking paragraph (3); and sent that the text of the bill be printed retary; (3) by redesignating paragraphs (4) and (5) in the RECORD. ‘‘(D) is not operating a school breakfast as paragraph (3) and (4), respectively. There being no objection, the bill was program or summer food service program for children, as appropriate; or By Mr. TORRICELLI (for himself, ordered to be printed in the RECORD, as follows: ‘‘(E) is located in a rural area, as deter- Mr. AKAKA, Mr. KERRY, and S. 1557 mined by the Secretary. Mrs. FEINSTEIN): ‘‘(7) RECOVERY AND REALLOCATION.—The S. 1557. A bill to end the use of steel Be it enacted by the Senate and House of Rep- Secretary shall act in a timely manner to re- jaw leghold traps on animals in the resentatives of the United States of America in Congress assembled, cover and reallocate to other school food au- United States; to the Committee on thorities for eligible schools or service insti- SECTION 1. DECLARATION OF POLICY. tutions any amounts under the Program that Environment and Public Works. It is the policy of the United States to end are not expended within a reasonable period THE STEEL JAW LEGHOLD TRAP ACT OF 1997 the needless maiming and suffering inflicted (as determined by the Secretary). Mr. TORRICELLI. Mr. President, upon animals through the use of steel jaw ‘‘(8) MAINTENANCE OF EFFORT.—Expendi- today, Senators, AKAKA, FEINSTEIN, leghold traps by prohibiting the import or tures of funds from State, local, and private KERRY, and I rise to introduce legisla- export of, and the shipment in interstate sources for the maintenance of the school tion to end the use of the steel jaw commerce of, such traps and of articles of fur breakfast program and the summer food leghold trap. I rise to draw this coun- from animals that were trapped in such service program for children shall not be di- traps. try’s attention to the many liabilities minished as a result of payments received SEC. 2. DEFINITIONS. under the Program.’’. of this outdated device and ask for my As used in this Act: SEC. 202. SPECIAL SUPPLEMENTAL NUTRITION colleagues support in ending its use. (1) ARTICLE OF FUR.—The term ‘‘article of PROGRAM FOR WOMEN, INFANTS, This important and timely issue now fur’’ means— AND CHILDREN. takes on added importance as the Eu- (A) any furskin, whether raw or tanned or (a) EXTENSIONS.—Section 17 of the Child ropean Union proposes to ban the im- dressed; or Nutrition Act of 1966 (42 U.S.C. 1786) is portation of U.S. fur caught with this (B) any article, however produced, that amended in subsections (g)(1), (h)(2)(A), and consists in whole or part of any furskin. (h)(10)(A) by striking ‘‘1998’’ each place it ap- class of trap. By ending the use of the For purposes of subparagraph (A), the terms pears and inserting ‘‘2003’’. leghold trap within our borders, we will ‘‘furskin’’, ‘‘raw’’, and ‘‘tanned or dressed’’ (b) SENSE OF CONGRESS ON FULL FUNDING effectively set a humane standard for have the same respective meanings as those FOR WIC.—It is the sense of Congress that trapping, as well as protect the U.S. fur terms have under headnote 1 of chapter 43 of the special supplemental nutrition program industry by keeping Europe’s doors for women, infants, and children established the Harmonized Tariff Schedule of the open to U.S. fur. United States. under section 17 of the Child Nutrition Act of While this bill does not prohibit trap- 1966 (42 U.S.C. 1786) should be fully funded for (2) CUSTOMS LAWS OF THE UNITED STATES.— fiscal year 1998 and each subsequent fiscal ping, it does outlaw a particularly sav- The term ‘‘customs laws of the United year so that all eligible participants for the age method of trapping by prohibiting States’’ means any law enforced or adminis- program will be permitted to participate at the import or export of, and the inter- tered by the Customs Service. the full level of participation for individuals state shipment of steel jaw leghold (3) INTERSTATE COMMERCE.—The term in their category, in accordance with regula- traps and articles of fur from animals ‘‘interstate commerce’’ has the same mean- tions issued by the Secretary of Agriculture. ing as given such term in section 10 of title caught in such traps. 18, United States Code. (c) FARMERS’ MARKET NUTRITION PRO- The steel jaw leghold trap is a cruel GRAM.—Section 17(m) of the Child Nutrition (4) IMPORT.—The term ‘‘import’’ means to Act of 1966 (42 U.S.C. 1786(m)) is amended— and antiquated device for which many land on, bring into, or introduce into, any (1) in paragraph (1), by striking ‘‘(m)(1) alternatives exist. The American Vet- place subject to the jurisdiction of the Subject’’ and all that follows through ‘‘the erinary Medical Association and the United States, whether or not such landing, Secretary’’ and inserting the following: American Animal Hospital Association bringing, or introduction constitutes an ‘‘(m) FARMERS’ MARKET NUTRITION PRO- have condemned leghold traps as inhu- entry into the customs territory of the GRAM.— mane and the majority of Americans United States. ‘‘(1) IN GENERAL.—The Secretary’’; oppose the use of this class of trap. (5) PERSON.—The term ‘‘person’’ includes (2) in paragraph (6)(B)— any individual, partnership, association, cor- (A) by striking ‘‘(B)(i) Subject to the avail- Currently, 89 nations have banned poration, trust, or any officer, employee, ability of appropriations, if’’ and inserting these cruel devices, and have done so agent, department, or instrumentality of the the following: with broad-based public support. In ad- Federal Government or of any State or polit- ‘‘(B) MINIMUM AMOUNT.—If’’; and dition, Colorado and Massachusetts ical subdivision thereof, or any other entity (B) by striking clause (ii); and have joined Rhode Island, Florida and subject to the jurisdiction of the United (3) in paragraph (9), by striking ‘‘(9)(A)’’ my home State of New Jersey in ban- States. and all that follows through the end of sub- ning the trap. (6) SECRETARY.—The term ‘‘Secretary’’ paragraph (A) and inserting the following: One quarter of all U.S. fur exports, means the Secretary of the Interior. ‘‘(9) FUNDING.— $44 million, go to the European mar- (7) STEEL JAW LEGHOLD TRAP.—The term ‘‘(A) PAYMENTS.— ‘‘steel jaw leghold trap’’ means any spring- ‘‘(i) IN GENERAL.—Out of any moneys in the ket. Of this $44 million, $21 million powered pan- or sear-activated device with Treasury not otherwise appropriated, the would be eliminated by the ban. This two opposing steel jaws which is designed to Secretary of the Treasury shall provide to would clearly cause considerable eco- capture an animal by snapping closed upon the Secretary to carry out this subsection nomic damage to the U.S. fur industry, the animal’s limb or part thereof.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12604 CONGRESSIONAL RECORD — SENATE November 13, 1997 SEC. 3. PROHIBITED ACTS AND PENALTIES. lieve that the person to be arrested has com- in the United States. Therefore, United (a) OFFENSES.—It is unlawful for any permitted or is committing such a violation; States shadow mask producers must son knowingly— and import this product from steel pro- (1) to import, export, ship, or receive in (3) execute and serve any arrest warrant, ducers in Japan and Germany. interstate commerce an article of fur if any search warrant, or other warrant or criminal part of the article of fur is derived from an process issued by any judge or magistrate of Domestic shadow mask production animal that was trapped in a steel jaw any court of competent jurisdiction for en- faces a difficult challenge to stay com- leghold trap; forcement of this Act (except with respect to petitive in today’s shadow mask mar- (2) to import, export, deliver, carry, trans- violations to which subsection (b) applies). ket. Competition from foreign shadow port, or ship by any means whatever, in (e) FORFEITURE.— masks is increasing as foreign manu- interstate commerce, any steel jaw leghold (1) IN GENERAL.—Except as provided in facturers aggressively pursue the U.S. trap; or paragraph (3), any article of fur or steel jaw market. In addition, color picture tube (3) to sell, receive, acquire, or purchase any leghold trap taken, possessed, sold, pur- and computer video monitor manufac- steel jaw leghold trap that was delivered, chased, offered for sale or purchase, trans- carried, transported, or shipped in con- ported, delivered, received, carried, or turers are increasing their efforts to travention of paragraph (2). shipped in violation of this Act shall be sub- reduce production costs due to in- (b) PENALTIES.—A person who violates subject to forfeiture to the United States. creased competition in the television section (a), in addition to any other penalty (2) APPLICABLE LAW.—The provisions of law and computer markets. that may be imposed— relating to— These factors reinforce the vital need (1) for the first such violation, shall be (A) the seizure, summary and judicial for- for competitively-priced component guilty of an infraction punishable under title feiture, and condemnation of property for materials, such as shadow masks. 18, United States Code; and violations of the customs laws, Eliminating the duty on shadow mask (2) for each subsequent violation, shall be (B) the disposition of such property or the steel, a product that is already subject imprisoned not more than 2 years, fined proceeds from the sale thereof, under title 18, United States Code, or both. (C) the remission or mitigation of such for- to a gradual tariff elimination sched- SEC. 4. REWARDS. feitures, and ule, would be an important step toward The Secretary shall pay, to any person who (D) the compromise of claims, enabling domestic manufacturers to re- furnishes information which leads to a con- shall apply to seizures and forfeitures under main competitive in the global market. viction of a violation of any provision of this this subsection, except that the duties per- Major U.S. television picture tube Act or any regulation issued thereunder, an formed by a customs officer or any other per- and computer video monitor manufac- amount equal to one half of the fine paid son with respect to the seizure and forfeiture turers that employ thousands of work- pursuant to the conviction. Any officer or of property under the customs laws of the ers throughout the United States rely employee of the United States or of any United States may be performed with respect on a consistent supply of domestically- State or local government who furnishes in- to seizures and forfeitures of property under produced shadow masks. If such compa- formation or renders service in the perform- this subsection by the Secretary or such offi- ance of his or her official duties is not eligi- cers and employees as the Secretary may nies were unable to count on such a ble for payment under this section. designate. supply, we run the risk of supplanting SEC. 5. ENFORCEMENT. (3) EXCEPTION.—The provisions of the Ex- domestic production of this product (a) IN GENERAL.—Except with respect to port Administration Act of 1979 shall apply with imported shadow masks from for- violations of this Act to which subsection (b) with respect to the seizure and forfeiture of eign competitors, resulting in higher applies, the provisions of this Act and any any article of fur or steel jaw leghold trap costs and delivery uncertainties associ- regulations issued pursuant thereto shall be exported in violation of this Act and the cus- ated with purchasing shadow mask im- enforced by the Secretary, who may use by toms laws of the United States shall apply ports. with respect to the seizure and forfeiture of agreement, with or without reimbursement, Such increased costs and uncertainty the personnel, services, and facilities of any any such article or trap imported in viola- other Federal agency or of any State agency tion of this Act. would certainly result in reduced com- for purposes of enforcing this Act. (f) INJUNCTIONS.—The Attorney General of petitiveness of U.S. television picture (b) EXPORT AND IMPORT VIOLATIONS.— the United States may seek to enjoin any tube and computer video monitor man- (1) IMPORT VIOLATIONS.—The importation of person who is alleged to be in violation of ufacturers vis—vis foreign manufactur- articles in contravention of section 3 shall be any provision of this Act. ers. Reduced competitiveness could treated as a violation of the customs laws of (g) COOPERATION.—The Secretary of Com- lead to the transfer of existing U.S. the United States, and the provisions of law merce, the Secretary of the Treasury, and manufacturing operations abroad, and/ the head of any other department or agency relating to violations of the customs laws or the closing of U.S. facilities, result- shall apply thereto. with enforcement responsibilities under this (2) EXPORT VIOLATIONS.—The provisions of Act shall cooperate with the Secretary in ening in the loss of thousands of actual the Export Administration Act of 1979 (insuring that this Act is enforced in the most and potential U.S. jobs in the tele- cluding the penalty provisions) (50 U.S.C. effective and efficient manner. vision and computer manufacturing in- App. 2401 et seq.) shall apply for purposes of SEC. 6. REGULATIONS. dustries. enforcing the prohibition relating to the ex- The Secretary shall prescribe such regula- port of articles described in section 3. tions as are necessary to carry out this Act. By Mr. FAIRCLOTH: (c) JUDICIAL PROCESS.—The district courts SEC. 7. EFFECTIVE DATE. S. 1560. A bill to require the Federal of the United States may, within their re- This Act shall take effect on the date that banking agencies to make certain cer- spective jurisdictions, upon proper oath or is 1 year after the date of enactment. tifications to Congress regarding new affirmation showing probable cause, issue accounting standards for derivatives such warrants or other process as may be re- By Mr. D’AMATO: quired for enforcement of this Act and any before they become effective; to the regulation issued thereunder. S. 1558. A bill to amend the Har- Committee on Banking, Housing, and (d) ENFORCEMENT AUTHORITIES.—Any indi- monized Tariff Schedule of the United Urban Affairs. vidual having authority to enforce this Act States with respect to shadow mask THE ACCURATE ACCOUNTING STANDARDS (except with respect to violations to which steel; to the Committee on Finance. CERTIFICATION ACT OF 1997 subsection (b) applies), may, in exercising THE SHADOW MASK STEEL HARMONIZED TARIFF Mr. FAIRCLOTH. Mr. President, sev- such authority— SCHEDULE AMENDMENT ACT OF 1997 eral times during this session, the Se- (1) detain for inspection, search, and seize Mr. D’AMATO. Mr. President, I rise any package, crate, or other container, in- curities Subcommittee of the Senate cluding its contents, and all accompanying today to introduce legislation to Banking Committee has held hearings documents, if such individual has reasonable amend the Harmonized Tariff Schedule on the issue of the Financial Account- cause to suspect that in such package, crate, of the United States with respect to ing Standards Board (FASB) account- or other container are articles with respect shadow mask steel. Shadow mask steel, ing standards for derivatives and other to which a violation of this Act (except with a vital component of color television instruments. respect to violations to which subsection (b) picture tubes and computer video mon- The hearings have demonstrated that applies) has occurred, is occurring, or is itors, is used to produce ‘‘shadow there is great concern in the banking about to occur; masks’’ which prevent image distortion industry, and virtually every industry, (2) make arrests without a warrant for any violation of this Act (except with respect to on the viewing screens of televisions about the FASB standards as they are violations to which subsection (b) applies) and computer video monitors. Unfortu- presently written. committed in his or her presence or view or nately, neither shadow mask steel, nor In particular, there are concerns that if the individual has probable cause to be- any viable substitute, is produced with- the FASB will finalize these standards

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12605 by the end of this year, without re-ex- By Mr. WARNER: Specifically, on the issue of soft posing its draft for further public com- S. 1561. A bill to reform the conduct of Fed- money, no reform can be considered ment. FASB has received hundreds of eral elections; to the Committee on Rules true reform without placing limits on comment letters expressing concern and Administration. the corporate and union donations to about the new standards. Yet, the com- THE CONSTITUTIONAL AND EFFECTIVE REFORM the national political parties. This bill OF CAMPAIGNS ACT ments appear to go unheeded. In par- places a $100,000 cap on such donations. ticular, there is concern in the banking Mr. WARNER. Mr. President, today I While this provision addresses the industry that the standards are not introduce the Constitutional and Effec- public’s legitimate concern over the taking into account the unique nature tive Reform of Campaigns Act, or propriety of these large donations, it of banks. Even Alan Greenspan has ‘‘CERCA’’. This legislation is the prod- allows the political parties sufficient taken the unusual step of expressing uct of 2 years of hearings in the Rules funds to maintain their headquarters his concern to the FASB. Committee, discussions with numerous and conduct their grassroots efforts. In The Chairman of the Federal Reserve experts, party officials, and candidates, addition, the current limits on ‘‘hard’’ Board of Governors said in his letter and nearly two decades of participating contributions must be updated. The that ‘‘FASB’s planned approach would in campaigns and campaign finance de- ability of citizens to contribute volun- not improve the financial reporting of bates in the Senate. Many of the pro- tarily to a wide range of candidates derivatives activities and would con- posals in this bill have been made in and to their parties is fundamental. strain prudent risk management prac- some form by several of my Senate col- At the same time, the practice of tices.’’ leagues and by Members of the House, mandatory union dues going to par- Mr. President, I am a strong sup- and I readily acknowledge drawing on tisan politics without union members’ porter of Generally Accepted Account- their expertise. Most particularly, the consent must end: it is counter to all ing Princples. I strongly believe that important discussions during the meet- the political freedoms that make these standards should be set by the ings of this year’s task force headed by America a true democracy. The con- private sector. I am concerned, how- Senator NICKLES, at the request of Ma- cept of ‘‘paycheck protection’’ must be ever, that the FASB, a private organi- jority Leader LOTT, were invaluable. included in any campaign finance re- zation, is working too closely with the This legislation offers an opportunity form, so that these deductions are vol- SEC, and therefore, is ignoring the con- for bipartisan support. It is a good untary, whether these dues fund direct cerns raised by bank regulators. In ef- faith effort to strike a middle ground contributions to candidates or parties, fect, this is not so much a dispute of a between those who believe public fi- or pay for undisclosed spending on private body defying the wishes of an nancing of campaigns is the solution, phone banks, get-out-the-vote efforts, industry—but it is a dispute between and those who believe the solution is to literature, and television ads. two parts of our Government over how remove current regulations. It offers a Under this legislation, unions would best to proceed on accounting for risk package of proposals which realisti- be required to obtain advance, written on the balance sheet. The FASB ap- cally can be achieved with bipartisan consent before deducting money for po- pears to be ignoring the concerns of the support and meet the desire of the ma- litical activities from union members’ bank regulators, and by doing so, need- jority of Americans who believe that paychecks. The present state of the law lessly complicating disclosure to inves- our present system can be reformed. In requires most union workers to give up tors. Investors and analysts right now my judgment, we will not succeed with their rights to participate in the union are fully capable of reviewing the bal- any measure of campaign reform in if they seek refunds of that portion of ance sheets of depository institutions this complicated field without a bipar- dues going to politics. In addition, this and determining who is well run and tisan consensus. section would strengthen the reporting who is not. In drafting this legislation, I began The Securities Subcommittee issued requirements for unions engaged in po- with four premises. First, all provi- litical activities and enhance an ag- a report this year in which it stated sions had to be consistent with the that ‘‘by focusing on derivatives risk grieved union member’s right to chal- First Amendment: Congress would be lenge a union’s determination of the exposure in isolation from the risk acting in bad faith to adopt provisions faced by companies, (the FASB proportion of dues going to political ac- which have a likelihood of being struck tivities. posals) are prone to present investors a down by the federal courts. Second, I distorted and misleading picture of In the Senate debates thus far, there oppose public financing and mandating company conditions and activities.’’ has been much discussion about wheth- ‘‘free’’ or reduced-cost media time In my view, the new standards will er corporations should be required to throw a wrench into the present ac- which in my mind is neither free nor a obtain shareholder approval to make counting rules that will only serve to good policy idea. Why should seekers of political contributions. This is an issue confuse investors. It is highly ironic federal office get free time, while can- which warrants consideration. My pro- that financial institutions, the prin- didates for state office or local office— posal not only limits these corporate cipal users of accounting information from governors to local sheriffs—do not and union contributions to $100,000, it in order to make credit decisions, find receive comparable free benefits? Such also includes a requirement that com- the new standards confusing and cum- an inequity and imbalance will breed panies disclose their donations to fed- bersome. friction between federal and state of- eral political parties in their annual re- For this reason I feel compelled to in- fice seekers. Third, I believe we should ports. And under current policies of the troduce legislation that would provide try to increase the role of citizens and Securities and Exchange Commission, the banking regulatory agencies with the political parties. Fourth, any shareholders have the same rights to the authority to reject the standards if framework of campaign reform legisla- make recommendations to boards of di- they find that the new standards will tion must respect and protect the con- rectors on the propriety of political do- not accurately reflect assets, liabilities stitutional right of individuals, groups, nations as they do on any business and earnings. Further, the regulators and organizations to participate in ad- issue related to the company. could refuse to adopt the standards if vocacy concerning political issues. In addition, the SEC is in the process the new rules would serve to diminish This bill is designed to be a ‘‘bilat- of making it easier for shareholders to the use of the risk management tech- eral disarmament’’ on the tough issues raise questions related to social policy niques, thus, actually reducing safety of soft money and union dues: each side matters at annual meetings. I am mon- and soundness in the operation of an must give up equivalent ground. The itoring how these changes are imple- insured depository institution. Republicans should give ground by mented: if they are insufficient to I think this is an appropriate solu- placing a cap on soft money which has guarantee adequate rights to share- tion to this problem. I have great faith tended to favor our side. And Demo- holders, I will consider amending my that the banking regulators, the pri- crats should give ground by allowing bill to protect these rights. mary users of financial information union members to decide voluntarily As an aside, I reject the notion that from banks, can make the best deter- for themselves whether to contribute the status of union members is similar mination if these standards are appro- the portion of dues which goes to polit- to those who belong to groups such as priate. Thank you Mr. President. ical contributions or activities. the National Rifle Association or the

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12606 CONGRESSIONAL RECORD — SENATE November 13, 1997 Sierra Club. Nobody is compelled to campaigns. My bill would prohibit con- of federal laws regulating voter reg- join these types of organizations, and tributions by those ineligible to vote, istration and voting. those that do, know or should know including non-citizens, children, and Solutions: The investigations of con- that their dues are going in part to po- persons under felony convictions. It tested elections in Louisiana and Cali- litical causes. also codifies current regulations con- fornia have shown significant weak- Furthermore, I considered including cerning political donations by domes- nesses in federal laws designed to safe- in this bill a narrowly-tailored disclo- tic subsidiaries of foreign companies. guard the registration and voting proc- sure requirement for individuals and Problem 4: Compared to incumbents, esses. The requirement that states groups spending large sums on public challengers face greater difficulties allow registration by mail has under- advertising affecting the public image raising funds and communicating with mined confidence that only qualified of candidates during election seasons. voters, particularly at the outset of a voters are registering to vote and only However, in keeping with my first campaign. registering once: states should be al- basic premise that reforms must pass Solutions: This legislation will allow lowed to decide whether to allow mail- the federal court test of constitu- candidates to receive ‘‘seed money’’ in registrations. In addition, states tionality, I concluded that such a pro- contributions of up to $10,000 from indi- should be allowed to require proof of vision, in view of a long line of Su- viduals and political action commit- citizenship when registering and proof preme Court cases, likely would be de- tees. This provision should help get of identification when voting: we re- clared unconstitutional, and thus I did candidacies off the ground. The total quire a photo ID to buy beer or ciga- not include the provision. amount of these ‘‘seed money’’ con- rettes and can certainly allow states to The McCain-Feingold bill was thor- tributions could not exceed $100,000 for protect the voting process by requiring oughly debated in the Senate, and any House candidates or $300,000 for Senate a photo ID. Lastly, this bill would objective observor of the Senate would candidates. To meet the constitutional allow states to purge inactive voters agree that we are genuinely dead- test, this provision would apply to both and to allow state law to govern locked. This body needs to move be- challengers and incumbents alike, but whether voters who move without re- yond the debate of McCain-Feingold. I in the case of an incumbent with hope that all Members will review my registering should be allowed to vote. money carried over from a prior cycle, These are the problems which I be- bill as an objective and pragmatic ap- those funds would count against the proach to current problems with our lieve can be solved in a bipartisan fash- seed money limit. ion. Attached to this statement is a campaign system. I encourage other Second, Senate incumbents would be Members to come forward, as I have, section by section review of the legisla- barred from using the franking privi- tion. I look forward to working with with proposals which objectively rep- lege to send out mass mailings during resent pragmatic approaches to what my colleagues to enact meaningful the election year, rather than the sixty campaign reform, by looking at reform can be achieved. I do not claim to have day ban in current law. the only solution: those with other beyond the usual soundbites and ad- Problem 5: Candidates with personal dressing the real problems with our ideas should come forward. wealth have a distinct advantage In addition to the issues of soft present system of campaigns. through their constitutional right to money and union dues discussed above, spend their own funds. Mr. President, I ask unanimous con- nine other fundamental problems—all Solution: If a candidate spends more sent that the text of the bill summary of which can be solved in a constitu- than $25,000 of his or her own money, be printed in the RECORD. tional manner—are the most pressing. the individual contribution limits There being no objection, the item Here are these problems, in no par- would be raised to $10,000 so that can- was ordered to be printed in the ticular order, and my proposed solu- didates could raise money to counter RECORD, as follows: tions: Problem 1: Politicians spend too that personal spending. Again, to meet CONSTITUTIONAL AND EFFECTIVE REFORM OF CAMPAIGNS ACT—SECTION-BY-SECTION much time fundraising, at the expense constitutional review, this provision of their legislative duties for incum- would apply to all candidates. TITLE I—ENHANCEMENT OF CITIZEN bents, and, for both incumbents and Problem 6: Current laws prohibiting INVOLVEMENT challengers, at the expense of debating fundraising activities on federal prop- Section 101.—Prohibits those ineligible to the issues with voters. erty are weak and insufficient. vote (non-citizens, minors, felons) from mak- Solution: The current individual con- Solution: The current ban on funding contributions (‘‘hard money’’) or dona- tribution limit of $1,000 has not been raising on federal property was written tions (‘‘soft money’’). Also bans foreign raised, or even indexed for inflation, before the law created such terms as aliens making independent expenditures and codifies FEC regulations on foreign control for over 20 years. This fact requires ‘‘hard’’ and ‘‘soft’’ money. This bill updates this law to require that no fund- of domestic donations. that candidates must spend more and Section 102.—Updates maximum individual more time seeking more and more do- raising take place on federal property. Problem 7: Reporting requirements contribution limit to $2000 per election (pri- nors. The limit should be doubled, as mary and general) and indexes both indi- well as indexed for inflation. and public access to disclosure state- vidual and PAC limits in the future. Problem 2: The influence of voters on ments are weak and inadequate. Section 103.—Provides a tax credit up to campaigns has been diminished by the Solutions: Under this proposal, the $100 for contributions to in-state candidates activities of political action commit- FEC would be required to post reports for Senate and House for incomes up to tees and interest groups. on the Internet for all to see, and to re- $60,000 ($200 for joint filers up to $120,000). Solutions: I propose a $100 tax credit quire that candidates, and groups mak- TITLE II—LEVELING THE PLAYING FIELD FOR for contributions made by citizens, ing independent expenditures, make CANDIDATES faster and more complete reports. In with incomes under specified levels, to Section 201.—Seed money provision: Sen- Senate and House candidates in their addition, registered lobbyists would be ate candidates may collect $300,000 and states: this credit should spark an in- required to report their campaign con- House candidates $100,000 (minus any funds flux of small dollar contributions to tributions and those of their employer carried over from a prior cycle) in contribu- balance the greater ability of citizens on their lobbyist disclosure reports. tions up to $10,000 from individuals and with higher incomes to participate. Problem 8: The Federal Election PAC’s. In addition, the increased individual Commission is in need of procedural Section 202.—‘‘Anti-millionaires’’ provi- contribution limit should balance the and substantive reform. sion: when one candidate spends over $25,000 activities of political action commit- Solutions: This legislation contains a of personal funds, a candidate may accept number of procedural and substantive contributions up to $10,000 from individuals tees. and PAC’s up to the amount of personal Problem 3: The influence of voters on reforms of the FEC, including term spending minus a candidate’s funds carried campaigns has been diminished by con- limits for commissioners, and increases over from a prior cycle and own use of per- tributions from those not eligible to in penalties for serious violations. sonal funds. vote. Problem 9: The safeguards designed Section 203.—Bans use of Senate frank for Solution: If you are not eligible to to protect the integrity of our elec- mass mailings from January 1 to election vote, you should not contribute to tions are compromised by weak aspects day for incumbents seeking reelection.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12607 TITLE III—VOLUNTARINESS OF POLITICAL federal voters who have not voted in two fed- in the state to hear what people think CONTRIBUTIONS eral elections and did not respond to post- about our efforts. I am hopeful that in Section 301.—Union dues provision: Labor card. the future the entire Montana delega- organizations must obtain prior, written au- Section 704.—Allows states to require tion will work together to protect the photo ID at the polls. thorization for portion of dues or fees not to Taylor Fork and other important Mon- be used for representation: Establishes civil Section 705.—Repeals requirement that states allow people to change their registra- tana lands in the Gallatin. action for aggrieved employee. Requires em- Mr. President, I ask unanimous con- ployers to post notice of rights. Amends re- tion at the polls and still vote. porting statute to require better disclosure sent that the text of the bill be printed of expenses unrelated to representation. By Mr. BAUCUS: in the RECORD. Section 302.—Corporations must disclose S. 1562. A bill to authorize an ex- There being no objection, the bill was soft money donations in annual reports. change of land between the Secretary ordered to be printed in the RECORD, as TITLE IV—ELIMINATION OF CAMPAIGN EXCESSES of Agriculture and Secretary of the In- follows: Section 410.—Adds soft money donations to terior and Big Sky Lumber Co; to the S. 1562 present ban on fundraising on federal prop- Committee on Energy and Natural Re- Be it enacted by the Senate and House of Rep- erty and to other criminal statutes. sources. resentatives of the United States of America in Congress assembled, Section 402.—Hard money contributions or THE GALLATIN RANGE CONSOLIDATION SECTION 1. SHORT TITLE. soft money donations over $500 which a polit- COMPLETION ACT OF 1997 This Act may be cited as the ‘‘Gallatin ical committee intends to return because of Mr. BAUCUS. Mr. President, I rise illegality must be transferred to the FEC Land Consolidation Act of 1998’’. and may be given to the Treasury as part of today to introduce an important piece SEC. 2. FINDINGS. a civil or criminal action. of legislation for Montana. This bill is Congress finds that— Section 403.—‘‘Soft’’ and ‘‘hard’’ money titled ‘‘the Gallatin Range Consolida- (1) the land north of Yellowstone National provisions. Soft money cap: no national tion Completion Act of 1997.’’ Park possesses outstanding natural charac- party, congressional committee or senatorial Mr. President, this legislation is teristics and wildlife habitats that would committee shall accept donations from any similar to a bill introduced earlier make the land a highly valuable addition to source exceeding $100,000 per year. Hard today by my colleague from Montana. the National Forest System; (2) it is in the interest of the United States money increases: limit raised from $25,000 to While I am glad he has at last staked $50,000 per individual per year with no sub- for the Secretary of Agriculture to enter limit to party committees. out a public position in favor of this into an Option Agreement for the acquisition Section 404.—Codifies FEC regulations ban- exchange, I believe his approach is too of land owned by Big Sky Lumber Co.; and ning conversion of campaign funds to per- little, too early. So I am introducing a (3) it is in the interest of the United States sonal use. bill which more accurately reflects to— TITLE V—ENHANCED DISCLOSURE where discussions on this exchange (A) establish a logical and effective ownership pattern for the Gallatin National For- Section 501.—Additional reporting require- have progressed since Senator BURNS’ est, substantially reducing long-term costs ments for candidates: weekly reports for last earlier involvement. for taxpayers; and month of general election, 24-hour disclosure Completing the Gallatin Land Ex- (B) consolidate the Gallatin National For- of large contributions extended to 90 days be- change is a top priority for me. The est in a manner that will enable the public fore election, and end of ‘‘best efforts’’ waiv- land considered in this legislation is to have access to and enjoy the many rec- er for failure to obtain occupation of contrib- key wildlife habitat and is among some reational uses of the land. utors over $200. Section 502.—FEC shall make reports filed of the most beautiful anywhere. When SEC. 3. DEFINITIONS. available on the Internet. completed, this exchange will result in In this Act: Section 503.—24-hour disclosure of inde- improved habitat and will improve (1) BSL.—The term ‘‘BSL’’ means Big Sky pendent expenditures over $1,000 in last 20 recreation opportunities in the region. Lumber Co., an Oregon joint venture, and its days before election, and of those over $10,000 But, as with many land exchanges this successors and assigns, and any other entities having a property interest in the BSL made anytime. will not be a simple process. Section 504.—Registered lobbyists shall inland. The company involved, Big Sky Lum- (2) BSL LAND.—The term ‘‘BSL land’’ clude their own contributions and soft ber has been pursuing this matter for money donations and those of their employ- means the up to approximately 55,000 acres ers and the employers’ coordinated PAC’s on nearly 4 years. The Forest Service has of land owned by BSL that is to be acquired lobbyist disclosure forms. collected public comment and has by the Secretary of Agriculture, as depicted in Exhibit A to the Option Agreement. TITLE VI—FEDERAL ELECTION COMMISSION worked to see that concerns of all par- (3) EXCHANGE AGREEMENT.—The term ‘‘Ex- REFORM ties affected, the recreation interests, conservation groups, homeowners, and change Agreement’’ means the agreement Section 601.—FEC shall develop and pro- entered into between BSL and the Secretary vide, at no cost, software to file reports, and the business owners are all addressed. I of Agriculture under section 4(e). shall issue regulations mandating electronic have been working with these groups (4) OPTION AGREEMENT.—The term ‘‘Option filing and allowing for filing by fax. drafting legislation with the help of Agreement’’ means the agreement dated Section 602.—Limits commissioners to one the Forest Service. llll and entitled ‘‘Option Agreement for term of eight years. I was surprised that Senator BURNS the Acquisition of Big Sky Lumber Co. Section 603.—Increases penalties for know- introduced a draft bill today without Lands Pursuant to the Gallatin Range Con- ing and willful violations to greater of $15,000 solidation and Protection Act of 1993’’ and or 300 percent of the contribution or expendi- notice. Contrary to an agreement among the State’s congressional dele- the exhibits and maps attached to the agree- ture. ment. Section 604.—Requires that FEC create a gation that no bill be introduced until SEC. 4. GALLATIN LAND CONSOLIDATION COM- schedule of penalties for minor reporting we reached agreement among ourselves PLETION. violations. and with other interested groups. The (a) IN GENERAL.—If BSL offers fee title to Section 605.—Establishes availability of bill I am introducing today is an up- the BSL land, including mineral interests, oral arguments at FEC when requested and dated version of the earlier draft I gave that is acceptable to the United States— two commissioners agree. Also requires that (1) the Secretary of Agriculture shall ac- FEC create index of Commission actions. to Senator BURNS for his review. I look forward to working with Senator cept a warranty deed to the BSL land; Section 606.—Changes reporting cycle for (2) the Secretary of Agriculture shall con- committees to election cycle rather than BURNS and all interested parties to get vey to BSL, subject to valid existing rights calendar year. this process back on track so that we and to such other terms, conditions, reserva- Section 607.—Classifies FEC general coun- can pass a fair and balanced bill soon tions, and exceptions as may be agreed on by sel and executive director as presidential ap- after we convene the next session of the Secretary of Agriculture and BSL, fee pointments requiring Senate confirmation. Congress. title to up to approximately 25,000 acres of TITLE VII—IMPROVEMENTS TO NATIONAL VOTER Over the next 2 months, my staff and National Forest System land and appur- REGISTRATION ACT I will be meeting with people about tenances thereto as depicted in Exhibit B to Section 701.—Repeals requirement that this exchange. My goal is to prepare a the Option Agreement; states allow registration by mail. consensus bill that can be introduced (3) the Secretary of Agriculture shall grant Section 702.—Requires that registrants for to BSL timber harvest rights to up to ap- federal elections provide social security by the entire Montana delegation when proximately 50,000,000 board feet of timber in number and proof of citizenship. Congress convenes come January. Soon accordance with subsection (c) and as de- Section 703.—Provides states the option of after the introduction of that con- scribed in Exhibit C to the Option Agree- removing registrants from eligible list of sensus bill, I will hold public hearings ment;

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(4) subject to availability of funds, the Sec- (1) IN GENERAL.—The Secretary of Agri- veyance of land described in subsection (a) retary of Agriculture shall purchase land be- culture shall offer to enter into an Exchange not later than 60 days after the Secretary of longing to BSL in the Taylor Fork area, as Agreement with BSL that— Agriculture has entered into the Exchange depicted in Exhibit D, at a purchase price of (A) describes the non-Federal and Federal Agreement and made an affirmative deter- not more than $6,500,000; and land and interests in lands to be exchanged; mination of quality of title. (5) the Secretary of the Interior shall con- (B) identifies the terms, conditions, res- (3) LAND-FOR-TIMBER EXCHANGE.—The Sec- vey to BSL, by patent or otherwise, subject ervations, exceptions, and rights-of-way con- retary of Agriculture shall make the timber to valid existing rights and to such other veyances; and harvest rights described in subsection (a)(3) terms, conditions, reservations, and excep- (C) describes the terms for the harvest available over 5 consecutive years following tions as may be agreed to by the Secretary rights of timber granted under subsection the date of enactment of this Act. Specific of the Interior and BSL, fee title to approxi- (a)(3). procedures for execution of the harvest mately 1,860 acres of Bureau of Land Man- (2) CONSISTENCY.—The Exchange Agree- rights shall be specified in the Exchange agement land, as depicted in Exhibit B to the ment shall be consistent with this Act and Agreement. Option Agreement. the Option Agreement. (4) PURCHASE.—The Secretary of Agri- (3) SUBMISSION TO CONGRESS.— culture shall complete the purchase of BSL (b) VALUATION.—The property and other as- (A) IN GENERAL.—On completion of the Ex- sets exchanged by BSL and the United land under subsection (a)(4) not later than 60 change Agreement, the Secretary of Agri- days after the date on which appropriated States under subsection (a) shall be approxi- culture shall submit the Exchange Agree- mately equal in value, as determined by the funds are made available and an affirmative ment to the Committee on Energy and Nat- determination of quality of title is made Secretary of Agriculture. ural Resources of the Senate, the Committee with respect to the BSL land. (c) TIMBER HARVEST RIGHTS.— on Resources of the House of Representa- SEC. 5. GENERAL PROVISIONS. tives, and each member of the Montana con- (1) IN GENERAL.—The Secretary of Agri- (a) MINOR CORRECTIONS.— gressional delegation; and culture shall prepare, grant to BSL, and ad- (1) IN GENERAL.—The Option Agreement minister the timber harvest rights identified (B) DELAYED EFFECTIVENESS.—The Ex- and the Exchange Agreement shall be sub- in Exhibit C to the Option Agreement, over change Agreement shall not take effect until ject to such minor corrections as may be 30 days after the date on which the Exchange a period of 5 consecutive years after the date agreed to by the Secretary of Agriculture Agreement is submitted in accordance with of enactment of this Act. and BSL. subparagraph (A). (2) ENTIRE TIMBER SALE PROGRAM OF THE (2) NOTIFICATION.—The Secretary of Agri- GALLATIN NATIONAL FOREST.—Timber harvest (e) RIGHTS-OF-WAY.—As part of the exchange under subsection (a)— culture shall notify the Committee on En- volume shall constitute the timber sale pro- ergy and Natural Resources of the Senate, gram for the Gallatin National Forest for (1) the Secretary of Agriculture, under the authority of the Federal Land Policy and the Committee on Resources of the House of that 5-year period. Representatives, and each member of the (3) SUBSTITUTION.—If exceptional cir- Management Act of 1976 (43 U.S.C. 1701 et seq.), shall convey to BSL such easements in Montana congressional delegation of any cumstances, such as natural catastrophe, changes made pursuant to this subsection. changes in law or policy, or extraordinary or other rights-of-way over National Forest System land as may be agreed to by the Sec- (b) PUBLIC AVAILABILITY.—The Option environmental or financial circumstances Agreement and Exchange Agreement shall be prevent the Secretary of Agriculture from retary of Agriculture and BSL in the Ex- change Agreement; and filed with the county clerks for Gallatin conveying the timber harvest rights identi- County, Park County, Madison County, and fied in Exhibit C to the Option Agreement, (2) BSL shall convey to the United States such easements in or rights-of-way over land Granite County, Montana, and shall be on the Secretary of Agriculture shall replace file and available for public inspection in the the value of the diminished harvest rights owned by BSL as may be agreed to by the Secretary of Agriculture and BSL in the Ex- appropriate offices of the Forest Service. by— (c) STATUS OF LAND.—All land conveyed to (A) substituting equivalent timber harvest change Agreement. (f) QUALITY OF TITLE.— the United States under this Act shall be rights volume from the same market area; (1) DETERMINATION.—The Secretary of Ag- added to and administered as part of the Gal- (B) conveying national forest lands con- riculture shall review the title for the BSL latin National Forest and Deerlodge Na- taining merchantable timber within the Gal- land described in subsection (a) and, within tional Forest, as appropriate, in accordance latin National Forest; or 60 days after receipt of all applicable title with the Act of March 1, 1911 (commonly (C) making a payment from funds made documents from BSL, determine whether— known as the ‘‘Weeks Act’’) (36 Stat. 961, available to the Secretary of Agriculture out (A) the applicable title standards for Fed- chapter 186), and other laws (including regu- of the Land and Water Conservation Fund. eral land acquisition have been satisfied or lations) pertaining to the National Forest (4) PROCEDURES.— the quality of the title is otherwise accept- System. (A) IN GENERAL.—The following procedures able to the Secretary of Agriculture; (d) IMPLEMENTATION.—The Secretary of Ag- shall apply to all national forest timber har- (B) all draft conveyances and closing docu- riculture shall ensure that sufficient funds vest rights identified for exchange under sub- ments have been received and approved; are made available to the Gallatin National section (a): (C) a current title commitment verifying Forest to carry out this Act. (i) IDENTIFICATION OF TIMBER.—The Sec- compliance with applicable title standards retary of Agriculture shall designate Federal has been issued to the Secretary of Agri- By Mr. SMITH of Oregon (for timber, as depicted in Exhibit C to the Op- culture; and himself, Mr. CRAIG, Mr. GOR- tion Agreement, for exchange to BSL. (D) except as provided in section 8(b) (i)- TON, Mr. ROBERTS and Mr. (ii) HARVEST SCHEDULE.—The Secretary of (iii) of the Gallatin Range Consolidation and GRAMS): Agriculture and BSL shall mutually develop Protection Act of 1993 (107 Stat. 992), the and agree upon schedules for all national for- S. 1563. A bill to amend the Immigra- title includes both the surface and sub- est timber to be conveyed to BSL in the ex- tion and Nationality Act to establish a surface estates without reservation or excep- change. 24-month pilot program permitting cer- tion (except by the United States or the (iii) OPEN MARKET.—All timber harvest tain aliens to be admitted into the State of Montana, by patent) including— rights granted to BSL in the exchange shall (i) minerals, mineral rights, and mineral United States to provide temporary or be offered for sale by BSL through the com- interests; seasonal agricultural services pursuant petitive bid process. (ii) timber, timber rights, and timber in- to a labor condition attestation; to the (iv) SMALL BUSINESS.—All timber harvest terests; Committee on the Judiciary. rights granted to BSL in the exchange shall (iii) water, water rights, and ditch convey- be subject to compliance by BSL with Forest THE TEMPORARY AGRICULTURAL WORKER ACT ances; and Service small business program procedures OF 1997 (iv) any other interest in the property. in effect as of the date of enactment of this Mr. SMITH of Oregon. Mr. President, (2) CONVEYANCE OF TITLE.—If the quality of Act, including contractual provisions for I rise today to introduce the Tem- title does not meet Federal standards or is payment schedules, harvest schedules, and otherwise determined to be unacceptable to porary Agricultural Worker Act of 1997. bonds. the Secretary of Agriculture, the Secretary I am joined by Senators CRAIG, GOR- (v) COMPLIANCE WITH OPTION AND EXCHANGE of Agriculture shall advise BSL regarding TON, and ROBERTS. Our bill would cre- AGREEMENTS.—All timber harvest rights corrective actions necessary to make an af- ate a streamlined guest worker pilot granted to BSL in the exchange and all tim- firmative determination under subparagraph ber harvested under the exchange shall com- program which would allow for a reli- (1). ply with the terms of the Option Agreement able supply of legal, temporary, agri- (g) TIMING OF IMPLEMENTATION.— and the Exchange Agreement. cultural immigrant workers. (1) EXCHANGE AGREEMENT.—The Exchange Mr. President, we are facing a crisis (B) BINDING EFFECT.—The procedures under Agreement shall be completed and executed subparagraph (A) shall be binding on BSL not later than 60 days after the date of en- in agriculture—a crisis born of an inad- and its assigns, contractors, and successors actment of this Act. equate labor supply, bureaucratic red in interest. (2) LAND-FOR-LAND EXCHANGE.—The Sec- tape, and burdensome regulations. For (d) EXCHANGE AGREEMENT.— retary of Agriculture shall accept the con- many years, farmers and nurserymen

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12609 have struggled to hire enough legal ag- seasonal agricultural workers may file SEC. 3. PILOT PROGRAM FOR ALTERNATIVE AG- ricultural labor to harvest their a labor condition statement, or attes- RICULTURAL TEMPORARY WORKER PROCESS USING ATTESTATION. produce and plants. This issue is not tation, with the state employment se- (a) IN GENERAL.—The Immigration and Na- new to Congress. In the past, Congress curity agency. The attestation would tionality Act is amended by inserting after has introduced legislation to address provide specified terms and conditions section 218 the following: this urgency, but no workable solution of employment in the occupation in ‘‘ALTERNATIVE AGRICULTURAL TEMPORARY has been implemented. The agriculture which a shortage is anticipated. Em- WORKER PROGRAM industry cannot survive without a reli- ployers would also be required to file a ‘‘SEC. 218A. (a) CONDITION FOR EMPLOYMENT able and legal supply of agricultural job order with the local job service and OF PILOT PROGRAM ALIENS.— workers. The labor pool is tight and give preference to all qualified U.S. do- ‘‘(1) ESTABLISHMENT OF PILOT PROGRAM; RE- shortages are developing because of the mestic workers. STRICTION OF ADMISSIONS TO PILOT PROGRAM limited domestic workers willing to The Department of Labor would en- PERIOD.— work in agricultural fields. force compliance with the labor condi- ‘‘(A) IN GENERAL.—The Attorney General The United States has historically shall establish a pilot program for the admis- tion requirements of the program and sion of aliens classified as a nonimmigrant been faced with a need to supplement could impose back pay, civil monetary under section 101(a)(15)(H)(ii)(c) to perform the domestic work force, especially penalties, and debarment from the pro- temporary or seasonal agricultural services during peak harvesting periods. Since gram for violators. pursuant to a labor condition attestation domestic workers prefer the security of The alien guest workers are issued an filed by an employer or an association for full-time employment in year-round identification card, which is the occupation in which the alien will be em- agriculture-related jobs, the shorter counterfeit- and tamper-resistant, with ployed. No alien may be admitted or provided status as a pilot program alien under term seasonal jobs are often left un- biometric identifiers to assure program filled by domestic workers. These do- this section after the last day of the pilot integrity. program period specified in subparagraph mestic workers also prefer the working A portion of the alien guest workers’ (B). conditions involved in packing and earnings would be paid into an inter- ‘‘(B) PILOT PROGRAM PERIOD.—The pilot processing jobs, which are generally est-bearing trust fund that would be reprogram period under this subparagraph is performed indoors and do not involve bated to the workers upon evidence of the 24-month period beginning 6 months the degree of strenuous physical labor timely return to their home country. after the date of the enactment of the Tem- porary Agricultural Worker Act of 1997. associated with field work. This would ensure that the aliens re- Labor intensive agriculture is one of ‘‘(2) ADMISSION OF ALIENS.—No alien may turn to their countries of origin after the most rapidly growing areas of agri- be admitted to the United States or provided the temporary job is completed. The cultural production in this country. Its status as a pilot program alien (as defined in alien guest workers could also be subsection (n)(4)) unless— growth not only creates many produc- debarred from future participation in ‘‘(A) the employment of the alien is cov- tion and harvest jobs, but also creates the program for violating the condi- ered by a currently valid labor condition at- many more jobs outside of agriculture. tions of their admission. testation which— Approximately three off-farm jobs are ‘‘(i) is filed by the employer, or by an asso- directly dependent upon each on-farm Our bill is endorsed by over 50 agri- ciation on behalf of the employer, for the oc- job. culture-related associations including cupation in which the alien will be em- Currently, the H–2A program is the the National Council of Agricultural ployed; only legal temporary foreign agricul- Employers, American Farm Bureau, ‘‘(ii) has been accepted by the State em- tural worker program in the United and the American Association of Nurs- ployment security agency having jurisdiction over the area of intended employment; States. This program is not practicable erymen. I urge my fellow colleagues to join and for the agriculture and horticulture in- ‘‘(iii) states each of the items described in dustry because it is loaded with bur- Senators CRAIG, GORTON, ROBERTS, and paragraph (2) and includes information iden- densome regulations, excessive paper- me as we introduce this important leg- tifying the employer or association and agri- work, a bureaucratic certification islation today. cultural job opportunities involved; process, untimely and inconsistent de- Mr. President, I ask unanimous con- ‘‘(B) the employer is not disqualified from cision-making by the U.S. Department sent that this legislation be printed in employing pilot program aliens pursuant to of Labor, and costly housing require- the RECORD. subsection (h); and ‘‘(C) the employer has not, during the pilot ments. The H–2A program has also There being no objection, the bill was program period, been found by the Attorney been very small in relation to the total ordered to be printed in the RECORD, as General to have employed any aliens in vio- number of U.S. farm workers. It is esti- follows: lation of section 274A(a) or this section. mated that out of the 2.5 million farm Be it enacted by the Senate and House of Rep- ‘‘(3) CONTENTS OF LABOR CONDITION ATTES- workers in the United States, only resentatives of the United States of America in TATION.—Each labor condition attestation 23,496 H–2A job certifications have been Congress assembled, filed by or on behalf of, an employer shall issued by the Department of Labor this SECTION 1. SHORT TITLE. state the following: ‘‘(A) WAGE RATE.—The employer will pay year. In my State of Oregon, only 12 This Act may be cited as the ‘‘Temporary pilot program aliens and all other workers in Agricultural Worker Act of 1997’’. sheepshearers and 62 sheepherders are the occupation not less than the prevailing currently using the H–2A program. SEC. 2. NEW NONIMMIGRANT CATEGORY FOR wage for similarly employed workers in the It is time we address the shortfalls of PILOT PROGRAM TEMPORARY AND area of employment, and not less than the current policy, and I believe that our SEASONAL AGRICULTURAL WORK- applicable Federal, State or local statutory ERS. bill is a meaningful step in that direc- minimum wage. (a) ESTABLISHMENT OF NEW CLASSIFICA- tion. ‘‘(B) WORKING CONDITIONS.—The employ- TION.—Section 101(a)(15)(H)(ii) of the Immi- Mr. President, the bill we are intro- ment of pilot program aliens will not ad- gration and Nationality Act (8 U.S.C. versely affect the working conditions of ducing today would not replace or 1101(a)(15)(H)(ii)) is amended— interfere with the current H–2A pro- similarly employed workers in the area of (1) by striking ‘‘or (b)’’ and inserting ‘‘(b)’’; employment. and gram, but would supplement the H–2A ‘‘(C) LIMITATION ON EMPLOYMENT.—A pilot program with a two-year pilot program (2) by adding at the end the following: program alien will not be employed in any that examines an alternative approach ‘‘or (c) having a residence in a foreign coun- job opportunity which is not temporary or to recruiting agricultural workers. The try which he has no intention of abandoning seasonal, and will not be employed by the pilot program will be limited to 25,000 who is coming temporarily to the United employer in any job opportunity for more participants per fiscal year and would States pursuant to section 218A to perform than 10 months in any 12-consecutive-month protect the domestic workers’ rights such agricultural labor or services of a tem- period. porary or seasonal nature;’’. and living standards. ‘‘(D) NO LABOR DISPUTE.—No pilot program (b) NO FAMILY MEMBERS PERMITTED.—Sec- alien will be employed in any job oppor- Mr. President, let me briefly summa- tion 101(a)(15)(H) of the Immigration and Na- tunity which is vacant because its former oc- rize the provisions of our bill. tionality Act (8 U.S.C. 1101(a)(15)(H)) is cupant is involved in a strike, lockout or The bill would establish a procedure amended by striking ‘‘specified in this para- work stoppage in the course of a labor dis- by which an agricultural employer an- graph’’ and inserting ‘‘specified in this sub- pute in the occupation at the place of em- ticipating a shortage of temporary or paragraph (other than in clause (ii)(c))’’. ployment.

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‘‘(E) NOTICE.—The employer, at the time of requested by the employer, but not to exceed ‘‘(c) EMPLOYER RESPONSIBILITIES AND RE- filing the attestation, has provided notice of 12 months. QUIREMENTS FOR EMPLOYING PILOT PROGRAM the attestation to its workers employed in ‘‘(4) WHERE TO FILE.—A labor condition at- ALIENS.— the occupation in which, and at the place of testation shall be filed with the State em- ‘‘(1) REQUIREMENT TO PAY THE PREVAILING employment where, pilot program aliens will ployment security agency having jurisdic- WAGE.— be employed. tion over the area of intended employment of ‘‘(A) EFFECT OF THE ATTESTATION.—Em- ‘‘(F) JOB ORDERS.—The employer will file the workers covered by the attestation. If an ployers shall pay each worker in an occupa- one or more job orders for the occupation (or employer, or the members of an association tion covered by an accepted labor condition occupations) covered by the attestation with of employers, will be employing workers in attestation at least the prevailing wage in the State employment security agency no an area or areas covered by more than one the occupation in the area of intended em- later than the day on which the employer such agency, the attestation shall be filed ployment. The preceding sentence does not first employs any pilot program aliens in the with each such agency having jurisdiction require employers to pay all workers in the occupation. over an area where the workers will be em- occupation the same wage. The employer ‘‘(G) PREFERENCE TO DOMESTIC WORKERS.— ployed. may, in the sole discretion of the employer, The employer will give preference to able, ‘‘(5) DEADLINE FOR FILING.—A labor condi- maintain pay differentials based on experi- willing and qualified United States workers tion attestation may be filed at any time up ence, tenure with the employer, skill, or any who apply to the employer and are available to 12 months prior to the date of the employ- other work-related factor, if the differential at the time and place needed, for the first 25 er’s anticipated need for workers in the occu- is not based on a criterion for which dis- days after the filing of the job order in an oc- pation (or occupations) covered by the attes- crimination is prohibited by the law and all cupation or until 5 days before the date em- tation. workers in the covered occupation receive at ployment of workers in the occupation be- ‘‘(6) FILING FOR MULTIPLE OCCUPATIONS.—A least the prevailing wage. gins, whichever occurs later. labor condition attestation may be filed for ‘‘(B) PAYMENT OF STATE EMPLOYMENT SECU- ‘‘(4) LIMITATION ON NUMBER OF VISAS.—In no one or more occupations and cover one or RITY AGENCY DETERMINED WAGE SUFFICIENT.— case may the number of aliens who are ad- more periods of employment. The employer may request and obtain a pre- mitted or provided status as a pilot program ‘‘(7) MAINTAINING REQUIRED DOCUMENTA- vailing wage determination from the State alien in a fiscal year exceed 25,000. TION.— employment security agency. If the em- ‘‘(5) OPERATION OF PROGRAM IN NOT LESS ‘‘(A) BY EMPLOYERS.—Each employer cov- ployer requests such a determination, and THAN 5 AREAS.—Alien admissions under this ered by an accepted labor condition attesta- pays the wage determined, such payment section shall be allocated equally to employ- tion must maintain a file of the documenta- shall be considered sufficient to meet the re- ers in not less than 5 geographically and ag- tion required in subsection (c) for each occu- quirement of this paragraph if the pilot pro- riculturally diverse areas designated by the pation included in an accepted attestation gram aliens— Secretary of Agriculture. The entire United covering the employer. The documentation ‘‘(i) are employed in the occupation for States shall be encompassed within such shall be retained for a period of one year fol- which the employer possesses an accepted areas. lowing the expiration of an accepted attesta- labor condition attestation, and for which ‘‘(6) GENERAL ACCOUNTING OFFICE REPORT.— tion. The employer shall make the docu- the employer or association possesses a pre- ‘‘(A) IN GENERAL.—The Comptroller Gen- mentation available to representatives of vailing wage determination by the State em- eral of the United States shall, concurrently the Secretary during normal business hours. ployment security agency, and with the operation of the pilot program es- ‘‘(B) BY ASSOCIATIONS.—In complying with ‘‘(ii) are being paid at least the prevailing tablished by this section, review the imple- subparagraph (A), documentation main- wage so determined. mentation and enforcement of the pilot pro- tained by an association filing a labor condi- ‘‘(C) RELIANCE ON WAGE SURVEY.—In lieu of gram for the purpose of determining if— tion attestation on behalf of an employer the procedures of subparagraph (B), an em- ‘‘(i) the program has ensured an adequate shall be deemed to be maintained by the employer may rely on other information, such and timely supply of qualified, eligible work- ployer. as an employer generated prevailing wage ers at the time and place needed for employ- ‘‘(8) WITHDRAWAL.— survey and determination, which meets cri- ers; ‘‘(A) COMPLIANCE WITH ATTESTATION OBLI- teria specified by the Secretary by regula- ‘‘(ii) the program has ensured that pilot GATIONS.—An employer covered by an accept- tion. In the event of a complaint that the program aliens are employed only in authored labor condition attestation for an occupa- employer has failed to pay the required ized employment and that they timely de- tion shall comply with the terms and condi- wage, the Secretary shall investigate to depart the United States when their authorized tions of the attestation from the date the at- termine if the information upon which the stay ends; testation is accepted and continuing employer relied complied with the criteria ‘‘(iii) the program has ensured that imple- throughout the period any persons are em- for prevailing wage determinations. mentation of the program is not displacing ployed in an occupation covered by such an ‘‘(D) ALTERNATE METHODS OF PAYMENT PER- United States agricultural workers or dimin- accepted attestation, whether or not pilot MITTED.— ishing the terms and conditions of employ- program aliens are employed in the occupa- ‘‘(i) IN GENERAL.—A prevailing wage may ment of United States agricultural workers; tion, unless the attestation is withdrawn. be expressed as an hourly wage, a piece rate, and ‘‘(B) TERMINATION OF OBLIGATIONS.—An em- a task rate (described in clause (ii)), or other ‘‘(iv) an unnecessary regulatory burden has ployer may withdraw a labor condition at- incentive pay system, including a group rate been created for employers hiring workers testation in total, or with respect to a par- (described in clause (iii)). The requirement admitted under this section. ticular occupation covered by the attesta- to pay at least the prevailing wage in the oc- ‘‘(B) REPORT.—Not later than 90 days after tion. An association may withdraw such an cupation and area of intended employment the termination of the pilot program estab- attestation with respect to one or more of its does not require an employer to pay by the lished by this section, the Comptroller Gen- members. To withdraw an attestation the method of pay in which the prevailing rate is eral of the United States shall submit a re- employer or association must notify in writ- expressed. However, if the employer adopts a port to Congress setting forth the conclu- ing the State employment security agency method of pay other than the prevailing sions of the Comptroller General from the re- office with which the attestation was filed of rate, the burden of proof is on the employer view conducted under subparagraph (A). the withdrawal of the attestation. An em- to demonstrate that the employer’s method ‘‘(b) FILING A LABOR CONDITION ATTESTA- ployer who withdraws an attestation, or on of pay is designed to produce earnings equiv- TION.— whose behalf an attestation is withdrawn by alent to the earnings that would result from ‘‘(1) FILING BY EMPLOYERS—Any employer an association, is relieved of the obligations payment of the prevailing rate. in the United States is eligible to file a labor undertaken in the attestation with respect ‘‘(ii) TASK RATE.—For purposes of this sub- condition attestation. to the occupation (or occupations) with re- paragraph, a task rate is an incentive pay- ‘‘(2) FILING BY ASSOCIATIONS ON BEHALF OF spect to which the attestation was with- ment based on a unit of work performed such EMPLOYER MEMBERS.—An agricultural asso- drawn, upon acknowledgement by the appro- that the incentive rate varies with the level ciation may file a labor condition attesta- priate State employment security agency of of effort required to perform individual units tion as an agent on behalf of its members. receipt of the withdrawal notice. An attesta- of work. Such an attestation filed by an agricultural tion may not be withdrawn with respect to ‘‘(iii) GROUP RATE.—For purposes of this association acting as an agent for its mem- any occupation while any pilot program subparagraph, a group rate is an incentive bers, when accepted, shall apply to those em- alien covered by that attestation is em- payment system in which the payment is ployer members of the association that the ployed in the occupation. shared among a group of workers working association certifies to the State employ- ‘‘(C) OBLIGATIONS UNDER OTHER STATUTES.— together to perform the task. ment security agency are members of the as- Any obligation incurred by the employer ‘‘(E) REQUIRED DOCUMENTATION.—The em- sociation and have agreed in writing to com- under any other law or regulation as a result ployer or association shall document compli- ply with the requirements of this section. of recruitment of United States workers ance with this paragraph by retaining on file ‘‘(3) PERIOD OF VALIDITY.—A labor condi- under an offer of terms and conditions of em- the employer or association’s request for a tion attestation is valid from the date on ployment required by the pilot program determination by a State employment secu- which it is accepted by the State employ- under this section is unaffected by with- rity agency and the prevailing wage deter- ment security agency for the period of time drawal of a labor condition attestation. mination received from such agency or other

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12611 information upon which the employer or as- which will provide benefits at least equal to filed, and continues through the period dur- sociation relied to assure compliance with those provided under the State workers’ ing which the employer’s job order is re- the prevailing wage requirement. compensation law for comparable employ- quired to remain active pursuant to para- ‘‘(2) REQUIREMENT TO PROVIDE HOUSING AND ment. graph (6)(A). TRANSPORTATION.— ‘‘(E) REQUIRED DOCUMENTATION.— ‘‘(C) REQUIRED DOCUMENTATION.—The em- ‘‘(A) EFFECT OF THE ATTESTATION.—The em- ‘‘(i) HOUSING AND TRANSPORTATION.—No ployer shall maintain a copy of the notice ployment of pilot program aliens shall not specific documentation is required to be provided to the bargaining agent (if any), to- adversely affect the working conditions of maintained to evidence compliance with the gether with evidence that the notice was United States workers similarly employed in requirements of subparagraphs (B) and (C). provided (such as a signed receipt of evidence the area of intended employment. The em- In the event of a complaint alleging a failure of attempt to send the notice by certified or ployer’s obligation not to adversely affect to comply with such a requirement, the bur- registered mail). In the case where no cer- working conditions shall continue for the du- den of proof shall be on the employer to show tified bargaining agent described in subpara- ration of the period of employment by the that the employer offered the required ben- graph (A)(i) exists, the employer shall retain employer of any pilot program aliens in the efit to the complainant, or that the em- a copy of the posted notice, together with in- occupation and area of intended employ- ployer was not required by the terms of this formation as to the dates and locations ment. An employer will be deemed to be in paragraph to offer such benefit to the com- compliance with this attestation if the em- plainant. where the notice was displayed. ‘‘(6) REQUIREMENT TO FILE A JOB ORDER.— ployer offers at least the benefits required by ‘‘(ii) WORKERS’ COMPENSATION.—The em- subparagraphs (B) through (D). The previous ployer shall maintain copies of certificates ‘‘(A) EFFECT OF THE ATTESTATION.—The em- sentence does not require an employer to of insurance evidencing compliance with ployer, or an association acting as agent for offer more than such benefits. subparagraph (D) throughout the period of its members, shall file the information nec- ‘‘(B) HOUSING REQUIRED.— validity of the labor condition attestation. essary to complete a local job order for each ‘‘(i) HOUSING OFFER.—The employer must ‘‘(3) REQUIREMENT TO EMPLOY ALIENS IN occupation covered by an accepted labor con- offer to pilot program aliens and United TEMPORARY OR SEASONAL AGRICULTURAL JOB dition attestation with the appropriate local States workers recruited from beyond nor- OPPORTUNITIES.— office of the State employment security mal recruiting distance housing, or a hous- ‘‘(A) LIMITATIONS.— agency having jurisdiction over the area of ing allowance, if it is prevailing practice in ‘‘(i) IN GENERAL.—The employer may em- intended employment, or with the State of- the occupation and area of intended employ- ploy pilot program aliens only in agricul- fice of such an agency if workers will be em- ment to offer housing or a housing allowance tural employment which is temporary or ployed in an area within the jurisdiction of to workers who are recruited from beyond seasonal. more than one local office of such an agency. normal commuting distance. ‘‘(ii) SEASONAL BASIS.—For purposes of this The job orders shall remain on file for 25 cal- ‘‘(ii) HOUSING STANDARDS.—If the employer section, labor is performed on a seasonal endar days or until 5 calendar days before offers housing to such workers, the housing basis where, ordinarily, the employment per- the anticipated date of need for workers in shall meet (at the option of the employer) tains to or is of the kind exclusively per- the occupation covered by the job order, applicable Federal farm labor housing stand- formed at certain seasons or periods of the whichever occurs later. The job order shall ards or applicable local or State standards year and which, from its nature, may not be provide at least the minimum terms and con- for rental, public accommodation, or other continuous or carried on throughout the ditions of employment required for partici- substantially similar class of habitation. year. pation in the pilot program. ‘‘(iii) CHARGES FOR HOUSING.—An employer ‘‘(iii) TEMPORARY BASIS.—For purposes of ‘‘(B) DEADLINE FOR FILING.—A job order who offers housing to such workers may this section, a worker is employed on a tem- shall be filed under subparagraph (A) no charge an amount equal to the fair market porary basis where the employment is in- later than the date on which the employer value (but not greater than the employer’s tended not to exceed 10 months. files a petition with the Attorney General actual cost) for utilities and maintenance, or ‘‘(B) REQUIRED DOCUMENTATION.—No spe- for admission or extension of stay for aliens such lesser amount as permitted by law. cific documentation is required to dem- to be employed in the occupation for which ‘‘(iv) HOUSING ALLOWANCE AS ALTER- onstrate compliance with the requirement of the order is filed. NATIVE.—In lieu of offering housing to such subparagraph (A). In the event of a com- ‘‘(C) REQUIRED DOCUMENTATION.—The office workers, at the employer’s sole discretion on plaint, the burden of proof shall fall on the of the State employment security agency an individual basis, the employer may pro- employer to show that the employment which the employer or association provides vide a reasonable housing allowance. An em- meets such requirement. with information necessary to file a local job ployer who offers a housing allowance to ‘‘(4) REQUIREMENT NOT TO EMPLOY ALIENS IN order shall provide the employer with evi- such a worker under this subparagraph shall JOB OPPORTUNITIES VACANT BECAUSE OF A dence that the information was provided in a not be deemed to be a housing provider under LABOR DISPUTE.— timely manner as required by this para- section 203 of the Migrant and Seasonal Agri- ‘‘(A) IN GENERAL.—No pilot program alien graph, and the employer or association shall cultural Worker Protection Act (29 U.S.C. may be employed in any job opportunity retain such evidence for each occupation in 1823) merely by virtue of providing such which is vacant because its former occupant which pilot program aliens are employed. housing allowance. is involved in a strike, lockout, or work ‘‘(7) REQUIREMENT TO GIVE PREFERENCE TO ‘‘(v) SECURITY DEPOSIT.—The requirement, stoppage in the course of a labor dispute in if any, to offer housing to such a worker the occupation at the place of employment. QUALIFIED UNITED STATES WORKERS.— ‘‘(A) FILING 30 DAYS OR MORE BEFORE DATE under this subparagraph shall not preclude ‘‘(B) REQUIRED DOCUMENTATION.—No spe- an employer from requiring a reasonable de- cific documentation is required to dem- OF NEED.—If a job order is filed 30 days or posit to protect against gross negligence or onstrate compliance with the requirement of more before the anticipated date of need for willful destruction of property, as a condi- subparagraph (A). In the event of a com- workers in an occupation covered by a labor tion for providing such housing. plaint, the burden of proof shall fall on the condition attestation and for which the job ‘‘(vi) DAMAGES.—An employer who offers employer to show that the job opportunity order has been filed, the employer shall offer housing to such a worker shall not be pre- in which the pilot program alien was em- to employ able, willing, and qualified United cluded from requiring a worker found to ployed was not vacant because the former States workers who apply to the employer have been responsible for damage to such occupant was on strike, locked out, or par- and who will be available at the time and housing which is not the result of normal ticipating in a work stoppage in the course place needed for the job opportunities cov- wear and tear related to habitation to reim- of a labor dispute in the occupation at the ered by the attestation until 5 calendar days burse the employer for the reasonable cost of place of employment. before the anticipated date of need for work- repair of such damage. ‘‘(5) NOTICE OF FILING OF LABOR CONDITION ers in the occupation, or until the employ- ‘‘(C) TRANSPORTATION.—If the employer ATTESTATION AND SUPPORTING DOCUMENTA- er’s job opportunities in the occupation are provides transportation arrangements or as- TION.— filled with qualified United States workers, sistance to pilot program aliens, the em- ‘‘(A) IN GENERAL.—The employer shall— if that occurs more than 5 days before the ployer must offer to provide the same trans- ‘‘(i) provide notice of the filing of a labor anticipated date of need for workers in the portation arrangements or assistance (gen- condition attestation to the appropriate cer- occupation. erally comparable in expense and scope) for tified bargaining agent (if any) which rep- ‘‘(B) FILING FEWER THAN 30 DAYS BEFORE other individuals employed by the employer resents workers of the employer in the occu- DATE OF NEED.—If a job order is filed fewer in the occupation at the place of employ- pation (or occupations) at the place of em- than 30 days before the anticipated date of ment who were recruited from beyond nor- ployment covered by the attestation; or need for workers in an occupation covered by mal commuting distance. ‘‘(ii) in the case where no such bargaining such an attestation and for which a job order ‘‘(D) WORKERS’ COMPENSATION.—If the em- agent exists, post notice of the filing of such has been filed, the employer shall offer to ployment covered by a labor condition attes- an attestation in at least two conspicuous employ able, willing, and qualified United tation is not covered by the State workers’ locations where applications for employment States workers who are or will be available compensation law, the employer must pro- are accepted. at the time and place needed during the first vide, at no cost to the worker, insurance cov- ‘‘(B) PERIOD FOR POSTING.—The require- 25 days after the job order is filed or until ering injury and disease arising out of and in ment for a posting under subparagraph the employer’s job opportunities in the occu- the course of the workers’ employment (A)(ii) begins on the day the attestation is pation are filled with United States workers,

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12612 CONGRESSIONAL RECORD — SENATE November 13, 1997 regardless of whether any of the job opportu- not expired, on job orders filed by holders of the Secretary may assess a civil money pen- nities may already be occupied by pilot pro- accepted attestations. alty not to exceed $1,000 for each violation. gram aliens. ‘‘(B) PROCEDURES.—A State employment In determining the amount of civil money ‘‘(C) FILING VACANCIES.—An employer may agency that refers any individuals for em- penalty to be assessed, the Secretary shall fill a job opportunity in an occupation cov- ployment pursuant to subsection (g)(2)(A) consider the seriousness of the violation, the ered by an accepted labor condition attesta- shall comply with the procedures specified in good faith of the employer, the size of the tion which remains or becomes vacant after subsection (b) of section 274A. For purposes business of the employer being charged, the expiration of the required preference period of the attestation requirement in subsection history of previous violations by the em- specified in subparagraph (A) or (B) of para- (b)(1), the agency employee who is primarily ployer, whether the employer obtained a fi- graph (6) without regard to such preference. involved in the referral of the individual nancial gain from the violation, whether the ‘‘(D) JOB-RELATED REQUIREMENTS.—No em- shall make the attestation on behalf of the violation was willful, and other relevant fac- ployer shall be required to initially employ a agency. The agency shall retain the com- tors. worker who fails to meet lawful job-related pleted forms and make them available for in- ‘‘(D) PROGRAM DISQUALIFICATION.—Upon a employment criteria, nor to continue the spection as required in subsection (b)(3) of second final determination that an employer employment of a worker who fails to meet section 274A. has failed to pay the wages required under lawful job-related standards of conduct and ‘‘(C) EMPLOYMENT VERIFICATION.—For pur- this section, the Secretary shall report such performance, including failure to meet min- poses of complying with subsection (b) of determination to the Attorney General and imum productivity standards after a 3-day section 274A with respect to an individual re- the Attorney General shall disqualify the break-in period. ferred by a State employment agency, a pilot employer from any subsequent employment ‘‘(E) REQUIRED DOCUMENTATION.—No spe- program employer may, at the employer’s of pilot program aliens. cific documentation is required to dem- option, fulfill the requirements of subsection ‘‘(3) ROLE OF ASSOCIATIONS.— onstrate compliance with the requirements (b) of this section in lieu of retaining the ‘‘(A) VIOLATION BY AN ASSOCIATION.—An of this paragraph. In the event of a com- documentation described in section employer on whose behalf a labor condition plaint, the burden of proof shall be on the 274A(a)(5). attestation is filed by an association acting complainant to show that the complainant ‘‘(h) ENFORCEMENT AND PENALTIES.— as its agent is fully responsible for such at- applied for the job and was available at the ‘‘(1) ENFORCEMENT AUTHORITY.— testation, and for complying with the terms time and place needed. If the complainant ‘‘(A) INVESTIGATION OF COMPLAINTS.—The and conditions of this section, as though the makes such a showing, the burden of proof Secretary shall establish a process for the re- employer had filed the attestation itself. If ceipt, investigation, and disposition of com- shall be on the employer to show that the such an employer is determined to have vio- plaints respecting an employer’s failure to complainant was not qualified or that the lated a requirement of this section, the pen- meet a condition specified in subsection (a) preference period had expired. alty for such violation shall be assessed or an employer’s misrepresentation of mate- against the employer who committed the ‘‘(d) REQUIREMENTS OF NOTICE OF CERTAIN rial facts in such an application. Complaints violation and not against the association or BREAKS IN EMPLOYMENT.— may be filed by any aggrieved person or or- other members of the association. ‘‘(1) IN GENERAL.—The employer (or the as- ganizations (including bargaining represent- ‘‘(B) VIOLATION BY AN ASSOCIATION ACTING sociation acting as agent for the employer) atives). No investigation or hearing shall be AS AN EMPLOYER.—If an association filing a shall notify the Attorney General within 7 conducted on a complaint concerning such a labor condition attestation on its own behalf days if a pilot program alien prematurely failure or misrepresentation unless the com- as an employer is determined to have com- abandons the alien’s employment. plaint was filed not later than 2 years after mitted a violation under this subsection ‘‘(2) OUT-OF-STATUS.—A pilot program alien the date of the failure or misrepresentation, which results in disqualification from the who abandons the alien’s employment shall respectively. The Secretary shall conduct an program under paragraph (2)(D), no indi- be considered to have failed to maintain non- investigation under this subparagraph if vidual member of such association may be immigrant status as an alien described in there is reasonable cause to believe that the beneficiary of the services of a pilot pro- section 101(a)(15)(H)(ii)(c) and shall leave the such a failure or misrepresentation has oc- gram alien in an occupation in which such United States or be subject to removal under curred. alien was employed by the association dur- section 237(a)(1)(C)(i). ‘‘(B) WRITTEN NOTICE OF FINDINGS AND OP- ing the period such disqualification is in ef- ‘‘(e) ACCEPTANCE BY STATE EMPLOYMENT PORTUNITY FOR APPEAL.—After an investiga- fect, unless such member files a labor condi- SECURITY AGENCY.—The State employment tion has been conducted, the Secretary shall tion attestation as an individual employer or security agency shall review labor condition issue a written determination as to whether such an attestation is filed on the employer’s attestations submitted by employers or asso- or not any violation described in subpara- behalf by an association with which the em- ciations pursuant to this section only for graph (A) has been committed. The Sec- ployer has an agreement that the employer completeness and obvious inaccuracies. Un- retary’s determination shall be served on the will comply with the requirements of this less such an agency finds that the applica- complainant and the employer, and shall section. tion is incomplete or obviously inaccurate, provide an opportunity for an appeal of the ‘‘(i) PROCEDURE FOR ADMISSION OR EXTEN- the agency shall accept the attestation with- Secretary’s decision to an administrative SION OF PILOT PROGRAM ALIENS.— in 7 days of the date of filing of the attesta- law judge, who may conduct a de novo hear- ‘‘(1) ALIENS WHO ARE OUTSIDE THE UNITED tion, and return a copy to the applicant ing. STATES.— marked ‘accepted’. ‘‘(2) REMEDIES.— ‘‘(A) PETITIONING FOR ADMISSION.—An em- ‘‘(f) PUBLIC REGISTRY.—The Secretary shall ‘‘(A) BACK WAGES.—Upon a final determina- ployer or an association acting as agent for maintain a registry of all accepted labor tion that the employer has failed to pay its members who seeks the admission into condition attestations and make such reg- wages as required under this section, the the United States of pilot program aliens istry available for public inspection. Secretary may assess payment of back wages may file a petition with the District Director ‘‘(g) RESPONSIBILITIES OF THE STATE EM- due to any United States worker or pilot of the Immigration and Naturalization Serv- PLOYMENT SECURITY AGENCIES.— program alien employed by the employer in ice having jurisdiction over the location ‘‘(1) DISSEMINATION OF LABOR MARKET IN- the specific employment in question. The where the aliens will be employed. The peti- FORMATION.—The Secretary shall direct back wages shall be equal to the difference tion shall be accompanied by an accepted State employment security agencies to dis- between the amount that should have been and currently valid labor condition attesta- seminate non-employer-specific information paid and the amount that actually was paid tion covering the petitioner. The petition about potential labor needs based on accept- to such worker. may be for named or unnamed individual or ed attestations filed by employers. Such dis- ‘‘(B) FAILURE TO PAY WAGES.—Upon a final multiple beneficiaries. semination shall be separate from the clear- determination that the employer has failed ‘‘(B) EXPEDITED ADJUDICATION BY DISTRICT ance of job orders through the Interstate and to pay the wages required under this section, DIRECTOR.—If an employer’s petition for ad- Intrastate Clearance Systems, and shall cre- the Secretary may assess a civil money pen- mission of pilot program aliens is correctly ate no obligations for employers except as alty up to $1,000 for each failure, and may filled out, and the employer is not ineligible provided in this section. recommend to the Attorney General the dis- to employ pilot program aliens, the District ‘‘(2) REFERRAL OF WORKERS ON STATE EM- qualification of the employer from the em- Director (or the Director’s designee) shall PLOYMENT SECURITY AGENCY JOB ORDERS.— ployment of pilot program aliens for a period approve the petition within 3 working days ‘‘(A) IN GENERAL.—Such agencies holding of time determined by the Secretary not to of receipt of the petition and accepted labor job orders filed by employers covered by ap- exceed 1 year. condition attestation and immediately (by proved labor condition attestations shall be ‘‘(C) OTHER VIOLATIONS.—If the Secretary, fax, cable, or other means assuring expedited authorized to refer any able, willing, and as a result of an investigation pursuant to a delivery) transmit a copy of the approved pe- qualified eligible job applicant who will be complaint, determines that an employer cov- tition to the petitioner and to the appro- available at the time and place needed and ered by an accepted labor condition attesta- priate immigration officer at the port of who is authorized to work in the United tion has— entry or United States consulate (as the case States, including pilot program aliens who ‘‘(i) filed an attestation which misrepre- may be) where the petitioner has indicated are seeking additional work in the United sents a material fact; or that the alien beneficiary (or beneficiaries) States and whose eligibility to remain in the ‘‘(ii) failed to meet a condition specified in will apply for a visa or admission to the United States pursuant to subsection (i) has subsection (a), United States.

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‘‘(C) UNNAMED BENEFICIARIES SELECTED BY ‘‘(C) WORK AUTHORIZATION UPON FILING AN ‘‘(3) DISTRIBUTION OF FUNDS.—Amounts PETITIONER.—The petitioning employer or as- APPLICATION FOR EXTENSION OF STAY.—An paid into the Trust Fund on behalf of a sociation or its representative shall approve employer may begin employing an alien al- worker, and held pursuant to paragraph the issuance of visas to beneficiaries who are ready in the United States in pilot program (2)(A)(i) and interest earned thereon, shall be unnamed on a petition for admission granted alien status on the day the employer files its paid by the Attorney General to the worker to the employer or association. application for extension of stay. For the if— ‘‘(D) CRITERIA FOR ADMISSIBILITY.— purpose of this requirement, the term ‘filing’ ‘‘(A) the worker applies to the Attorney ‘‘(i) IN GENERAL.—An alien shall be admis- means sending the application by certified General (or the designee of the Attorney sible under this section if the alien is other- mail via the United States Postal Service, General) for payment within 30 days of the wise admissible under this Act and the alien return receipt requested, or delivered by expiration of the alien’s last authorized stay is not debarred pursuant to the provisions of guaranteed commercial delivery which will in the United States as a pilot program clause (ii). provide the employer with a documented ac- alien; ‘‘(ii) DISQUALIFICATION.—An alien shall be knowledgment of the date of sending and re- ‘‘(B) in such application the worker estab- debarred from admission or being provided ceipt of the application. The employer shall lishes that the worker has complied with the status as a pilot program alien under this provide a copy of the employer’s application terms and conditions of this section; and section if the alien has, at any time during for extension of stay to the alien, who shall ‘‘(C) in connection with the application, the past 5 years— keep the application with the alien’s identi- the worker tenders the identification and ‘‘(I) violated a material provision of this fication and employment eligibility docu- employment authorization card issued to the section, including the requirement to ment as evidence that the extension has been worker pursuant to subsection (i)(1)(F) and promptly depart the United States when the filed and that the alien is authorized to work establishes that the worker is identified as alien’s authorized period of admission under in the United States. Upon approval of an ap- the person to whom the card was issued this section has expired; or plication for extension of stay, the Attorney based on the biometric identification infor- ‘‘(II) otherwise violated a term or condi- General shall provide a new or updated em- mation contained on the card. tion of admission to the United States as a ployment eligibility document to the alien ‘‘(4) ADMINISTRATIVE EXPENSES.—The nonimmigrant, including overstaying the pe- indicating the new validity date, after which amounts paid into the Trust Fund and held riod of authorized admission as such a non- the alien is not required to retain a copy of pursuant to paragraph (2)(A)(ii), and interest immigrant. the application for extension of stay. earned thereon, shall be paid to the Attorney ‘‘(E) PERIOD OF ADMISSION.—The alien shall ‘‘(D) LIMITATION ON EMPLOYMENT AUTHOR- General, the Secretary of Labor, and the be admitted for the period requested by the IZATION OF PILOT PROGRAM ALIENS WITHOUT Secretary of State in amounts equivalent to petitioner not to exceed 10 months, or the re- VALID IDENTIFICATION AND EMPLOYMENT ELIGI- the expenses incurred by such officials in the maining validity period of the petitioner’s administration of section 101(a)(15)(H)(ii)(c) BILITY CARD.—An expired identification and approved labor condition attestation, which- employment eligibility document, together and this section. ever is less, plus an additional period of 14 with a copy of an application for extension of ‘‘(5) REGULATIONS.—The Attorney General days, during which the alien shall seek au- stay, shall constitute a valid work author- shall prescribe regulations to carry out this thorized employment in the United States. ization document for a period of not more subsection. ‘‘(k) INVESTMENT OF TRUST FUND.— During the 14-day period following the expi- than 60 days from the date of application for ration of the alien’s work authorization, the ‘‘(1) IN GENERAL.—It shall be the duty of the extension of stay, after which time only alien is not authorized to be employed unless the Secretary of the Treasury to invest such a currently valid identification and employ- the original petitioner or a subsequent peti- portion of the Trust Fund as is not, in the ment eligibility document shall be accept- tioner has filed an extension of stay on be- Secretary’s judgment, required to meet cur- able. half of the alien pursuant to paragraph (2). rent withdrawals. Such investments may be ‘‘(3) LIMITATION ON AN INDIVIDUAL’S STAY IN ‘‘(F) ISSUANCE OF IDENTIFICATION AND EM- made only in interest-bearing obligations of PILOT PROGRAM STATUS.—An alien having PLOYMENT ELIGIBILITY DOCUMENT.— the United States or in obligations guaran- status as a pilot program alien may not have ‘‘(i) IN GENERAL.—The Attorney General teed as to both principal and interest by the the status extended for a continuous period shall cause to be issued to each pilot pro- United States. For such purpose, such obli- gram alien a card in a form which is resist- longer than 2 years unless the alien remains gations may be acquired— ant to counterfeiting and tampering for the outside the United States for an uninter- ‘‘(A) on original issue at the price; or purpose of providing proof of identity and rupted period of 6 months. An absence from ‘‘(B) by purchase of outstanding obliga- employment eligibility under section 274A. the United States may break the continuity tions at the market price. of the period for which a nonimmigrant visa ‘‘(ii) DESIGN OF CARD.—Each card issued The purposes for which obligations of the issued under section 101(a)(15)(H)(ii)(c) is pursuant to clause (i) shall be designed in United States may be issued under chapter valid. If the alien has resided in the United such a manner and contain a photograph and 31 of title 31, United States Code, are hereby States 10 months or less, an absence breaks other identifying information (such as date extended to authorize the issuance at par of the continuity of the period if its lasts for at of birth, sex, and distinguishing marks) that special obligations exclusively to the Trust least 2 months. If the alien has resided in the would allow an employer to determine with Fund. Such special obligations shall bear in- United States 10 months or more, an absence reasonable certainty that the bearer is not terest at a rate equal to the average rate of breaks the continuity of the period if it lasts claiming the identity of another individual, interest, computed as to the end of the cal- for at least one-fifth the duration of the and shall— endar month next preceding the date of such ‘‘(I) contain a fingerprint or other biomet- stay. issue, borne by all marketable interest-bear- ric identifying data (or both); ‘‘(j) TRUST FUND TO ASSURE WORKER RE- ing obligations of the United States then ‘‘(II) specify the date of the alien’s author- TURN.— forming a part of the public debt, except that ization as a pilot program alien; ‘‘(1) ESTABLISHMENT.—There is established where such average rate is not a multiple of ‘‘(III) specify the expiration date of the in the Treasury of the United States a trust one-eighth of 1 percent next lower than such alien’s work authorization; and fund (in this section referred to as the ‘Trust average rate. Such special obligations shall ‘‘(IV) specify the alien’s admission number Fund’) for the purpose of providing a mone- be issued only if the Secretary of the Treas- or alien file number. tary incentive for pilot program aliens to re- ury determines that the purchase of other ‘‘(2) EXTENSION OF STAY.— turn to their country of origin upon expira- interest-bearing obligations of the United ‘‘(A) APPLICATION FOR EXTENSION OF STAY.— tion of their visas under this section. States, or of obligations guaranteed as to If a petitioner seeks to employ a pilot pro- ‘‘(2) WITHHOLDING OF WAGES; PAYMENT INTO both principal and interest by the United gram alien already in the United States, the THE TRUST FUND.— States on original issue or at the market petitioner shall file with the Attorney Gen- ‘‘(A) IN GENERAL.—Employers of pilot pro- price, is not in the public interest. eral an application for an extension of the gram aliens shall— ‘‘(2) SALE OF OBLIGATION.—Any obligation alien’s stay. The application for extension of ‘‘(i) withhold from the wages of their pilot acquired by the Trust Fund (except special stay shall be accompanied by a currently program alien workers an amount equivalent obligations issued exclusively to the Trust valid labor condition attestation. to 25 percent of the wages of each pilot pro- Fund) may be sold by the Secretary of the ‘‘(B) LIMITATION ON FILING AN APPLICATION gram alien worker and pay such withheld Treasury at the market price, and such spe- FOR EXTENSION OF STAY.—An application may amount into the Trust Fund in accordance cial obligations may be redeemed at par plus not be filed for an extension of an alien’s with paragraph (3); and accrued interest. stay for a period of more than 10 months, or ‘‘(ii) pay to the Trust Fund an amount ‘‘(3) CREDITS TO TRUST FUND.—The interest later than a date which is 2 years from the equivalent to the Federal tax on the wages on, and the proceeds from the sale or re- date of the alien’s last admission to the paid to pilot program aliens that the em- demption of, any obligations held in the United States as a pilot program alien, ployer would be obligated to pay under the Trust Fund shall be credited to and form a whichever occurs first. An application for ex- Federal Unemployment Tax Act and the Fed- part of the Trust Fund. tension of stay may not be filed during the eral Insurance Contributions Act. ‘‘(4) REPORT TO CONGRESS.—It shall be the pendency of an alien’s previous authorized Amounts withheld under clause (i) shall be duty of the Secretary of the Treasury to hold period of employment, nor after the alien’s maintained in such interest bearing account the Trust Fund, and (after consultation with authorized stay in the United States has ex- with such a financial institution as the At- the Attorney General) to report to the Con- pired. torney General shall specify. gress each year on the financial condition

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12614 CONGRESSIONAL RECORD — SENATE November 13, 1997 and the results of the operations of the Trust fied under applicable State law, which re- eration of motor vehicles by intoxi- Fund during the preceding fiscal year and on cruits, solicits, hires, employs, furnishes, or cated individuals. its expected condition and operations during transports any agricultural workers. S. 839 the next fiscal year. Such report shall be ‘‘(2) AGRICULTURAL EMPLOYMENT.—The At the request of Mr. LAUTENBERG, printed as both a House and a Senate docu- term ‘agricultural employment’ means any ment of the session of the Congress to which service or activity included within the provi- his name was added as a cosponsor of the report is made. sions of section 3(f) of the Fair Labor Stand- S. 839, a bill to improve teacher mas- ‘‘(l) MISCELLANEOUS PROVISIONS.— ards Act of 1938 (29 U.S.C. 203(f)) or section tery and use of educational technology. ‘‘(1) APPLICABILITY OF LABOR LAWS.—Except 3121(g) of the Internal Revenue Code of 1986 S. 852 as provided in paragraphs (2), (3), and (4), all and the handling, planting, drying, packing, At the request of Mr. LOTT, the name Federal, State, and local labor laws (includ- packaging, processing, freezing, or grading of the Senator from Oregon [Mr. SMITH] ing laws affecting migrant farm workers) ap- prior to delivery for storage of any agricul- was added as a cosponsor of S. 852, a plicable to United States workers shall also tural or horticultural commodity in its un- apply to pilot program aliens. bill to establish nationally uniform re- manufactured state. quirements regarding the titling and ‘‘(2) LIMITATION OF WRITTEN DISCLOSURE IM- ‘‘(3) EMPLOYER.—The term ‘employer’ POSED UPON RECRUITERS.—Any disclosure re- means any person or entity, including any registration of salvage, nonrepairable, quired of recruiters under section of 201(a) of independent contractor and any agricultural and rebuilt vehicles. the Migrant and Seasonal Agricultural association, that employs workers. S. 887 Worker Protection Act (29 U.S.C. 1821(a)) ‘‘(4) PILOT PROGRAM ALIEN.—The term At the request of Ms. MOSELEY- need not be given to pilot program aliens ‘pilot program alien’ means an alien admit- BRAUN, the name of the Senator from prior to the time their visa is issued permitted to the United States or provided status ting entry into the United States. New York [Mr. MOYNIHAN] was added as as a nonimmigrant under section a cosponsor of S. 887, a bill to establish ‘‘(3) EXEMPTION FROM FICA AND FUTA 101(a)(15)(H)(ii)(c). TAXES.—The wages paid to pilot program in the National Service the National ‘‘(5) SECRETARY.—The term ‘Secretary’ aliens shall be excluded from wages subject means the Secretary of Labor. Underground Railroad Network to to taxation under the Federal Unemploy- ‘‘(6) UNITED STATES WORKER.—The term Freedom program, and for other pur- ment Tax Act and under the Federal Insur- ‘United States worker’ means any worker, poses. ance Contributions Act. whether a United States citizen, a United S. 943 ‘‘(4) INELIGIBILITY FOR CERTAIN PUBLIC BEN- States national, or an alien, who is legally At the request of Ms. MIKULSKI, her EFITS PROGRAMS.— permitted to work in the job opportunity ‘‘(A) IN GENERAL.—Notwithstanding any name was added as a cosponsor of S. within the United States other than an alien other provision of law and except as provided 943, a bill to amend title 49, United admitted pursuant to this section.’’. in subparagraph (B), any alien provided sta- States Code, to clarify the application (b) CLERICAL AMENDMENT.—The table of tus as a pilot program alien shall not be eli- contents of the Immigration and Nationality of the Act popularly known as the gible for any Federal or State or local Act is amended by inserting after the item ‘‘Death on the High Seas Act’’ to avia- means-tested public benefit program. relating to section 218 the following new tion accidents. ‘‘(B) EXCEPTIONS.—Subparagraph (A) shall item: S. 951 not apply to the following: At the request of Mr. TORRICELLI, the ‘‘(i) EMERGENCY MEDICAL SERVICES.—The ‘‘Sec. 218A. Alternative agricultural worker provision of emergency medical services (as program.’’. name of the Senator from New York defined by the Attorney General in consulta- f [Mr. D’AMATO] was added as a cospon- tion with the Secretary of Health and sor of S. 951, a bill to reestablish the Human Services). ADDITIONAL COSPONSORS Office of Noise Abatement and Control ‘‘(ii) PUBLIC HEALTH IMMUNIZATIONS.—Pub- S. 61 in the Environmental Protection Agen- lic health assistance for immunizations with At the request of Mrs. HUTCHISON, her cy. respect to immunizable diseases and for test- name was added as a cosponsor of S. 61, S. 1052 ing and treatment for communicable diseases. a bill to amend title 46, United States At the request of Mr. LAUTENBERG, ‘‘(iii) SHORT-TERM EMERGENCY DISASTER RE- Code, to extend eligibility for veterans’ his name was added as a cosponsor of LIEF.—The provision of non-cash, in-kind, burial benefits, funeral benefits, and S. 1052, a bill to amend the Andean short-term emergency disaster relief. related benefits for veterans of certain Trade Preference Act to prohibit the ‘‘(m) REGULATIONS.— service in the United States merchant provision of duty-free treatment for ‘‘(1) SELECTION OF AREAS.—The Secretary marine during World War II. live plants and fresh cut flowers de- of Agriculture shall select the areas under At the request of Mr. LOTT, the name scribed in chapter 6 of the Harmonized subsection (a)(4) not later than 60 days after Tariff Schedule of the United States. the date of the enactment of the Temporary of the Senator from Nevada [Mr. REID] Agricultural Worker Act of 1997. was added as a cosponsor of S. 61, S. 1169 ‘‘(2) REGULATIONS OF THE SECRETARY.—The supra. At the request of Mr. REED, the Secretary shall consult with the Secretary of S. 318 names of the Senator from Maryland Agriculture, and the Attorney General shall At the request of Mr. D’AMATO, the [Ms. MIKULSKI] and the Senator from approve, all regulations dealing with the ap- name of the Senator from New Hamp- Maryland [Mr. SARBANES] were added proval of labor condition attestations for as cosponsors of S. 1169, a bill to estab- pilot program aliens and enforcement of the shire [Mr. GREGG] was added as a cosponsor of S. 318, a bill to amend the lish professional development partner- requirements for employing pilot program ships to improve the quality of Amer- aliens under an approved attestation. The Truth in Lending Act to require auto- ica’s teachers and the academic Secretary shall promulgate, and the Attor- matic cancellation and notice of can- ney General shall approve, such regulations cellation rights with respect to private achievement of students in the class- not later than 90 days after the date of the mortgage insurance which is required room, and for other purposes. enactment of the Temporary Agricultural by a creditor as a condition for enter- S. 1204 Worker Act of 1997. ing into a residential mortgage trans- At the request of Mr. COVERDELL, the ‘‘(3) REGULATIONS OF THE ATTORNEY GEN- action, and for other purposes. name of the Senator from Indiana [Mr. ERAL.—The Attorney General shall consult COATS] was added as a cosponsor of S. with the Secretary of Agriculture on all reg- S. 364 1204, a bill to simplify and expedite ac- ulations dealing with the approval of peti- At the request of Mr. LIEBERMAN, the cess to the Federal courts for injured tions for admission or extension of stay of name of the Senator from Texas [Mrs. pilot program aliens and the requirements parties whose rights and privileges, se- HUTCHISON] was added as a cosponsor of cured by the United States Constitu- for employing pilot program aliens and the S. 364, a bill to provide legal standards enforcement of such requirements. The At- tion, have been deprived by final ac- torney General shall promulgate such regu- and procedures for suppliers of raw ma- tions of Federal agencies, or other gov- lations not later than 90 days after the date terials and component parts for med- ernment officials or entities acting of the enactment of the Temporary Agricul- ical devices. under color of State law; to prevent tural Worker Act of 1997. S. 412 Federal courts from abstaining from ‘‘(n) DEFINITIONS.—For the purpose of this At the request of Mr. LAUTENBERG, section: exercising Federal jurisdiction in ac- ‘‘(1) AGRICULTURAL ASSOCIATION.—The term the name of the Senator from Illinois tions where no State law claim is al- ‘agricultural association’ means any non- [Ms. MOSELEY-BRAUN] was added as a leged; to permit certification of unset- profit or cooperative association of farmers, cosponsor of S. 412, a bill to provide for tled State law questions that are essen- growers, or ranchers incorporated or quali- a national standard to prohibit the op- tial to resolving Federal claims arising

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12615 under the Constitution; and to clarify S. 1311 MURKOWSKI] was added as a cosponsor when government action is sufficently At the request of Mr. LOTT, the name of S. 1360, a bill to amend the Illegal final to ripen certain Federal claims of the Senator from New Mexico [Mr. Immigration Reform and Immigrant arising under the Constitution. DOMENICI] was added as a cosponsor of Responsibility Act of 1996 to clarify S. 1208 S. 1311, a bill to impose certain sanc- and improve the requirements for the At the request of Mr. LAUTENBERG, tions on foreign persons who transfer development of an automated entry- his name was added as a cosponsor of items contributing to Iran’s efforts to exit control system, to enhance land S. 1208, a bill to protect women’s repro- acquire, develop, or produce ballistic border control and enforcement, and ductive health and constitutional right missiles. for other purposes. to choice, and for other purposes. S. 1318 S. 1365 S. 1220 At the request of Mr. ABRAHAM, the At the request of Ms. MIKULSKI, the At the request of Mr. DODD, the name name of the Senator from Alabama names of the Senator from Kentucky ESSIONS of the Senator from Illinois [Ms. [Mr. S ] was added as a cospon- [Mr. FORD] and the Senator from Illi- sor of S. 1318, a bill to establish an MOSELEY-BRAUN] was added as a co- nois [Ms. MOSELEY-BRAUN] were added sponsor of S. 1220, a bill to provide a adoption awareness program, and for as cosponsors of S. 1365, a bill to amend process for declassifying on an expe- other purposes. title II of the Social Security Act to dited basis certain documents relating S. 1320 provide that the reductions in social to human rights abuses in Guatemala At the request of Mr. ROCKEFELLER, security benefits which are required in and Honduras. the names of the Senator from Illinois the case of spouses and surviving [Mr. DURBIN], the Senator from North S. 1222 spouses who are also receiving certain Dakota [Mr. CONRAD], the Senator from At the request of Mr. CHAFEE, the Government pensions shall be equal to South Dakota [Mr. JOHNSON], the Sen- name of the Senator from Georgia [Mr. the amount by which two-thirds of the ator from Arizona [Mr. MCCAIN], the COVERDELL] was added as a cosponsor total amount of the combined monthly Senator from Wisconsin [Mr. FEIN- of S. 1222, a bill to catalyze restoration benefit (before reduction) and monthly GOLD], the Senator from Wisconsin [Mr. of estuary habitat through more effi- pension exceeds $1,200, adjusted for in- KOHL], the Senator from New Mexico cient financing of projects and en- flation. [Mr. BINGAMAN], the Senator from New hanced coordination of Federal and S. 1391 York [Mr. MOYNIHAN], and the Senator non-Federal restoration programs, and from Massachusetts [Mr. KENNEDY] At the request of Mr. DODD, the name for other purposes. were added as cosponsors of S. 1320, a of the Senator from Wyoming [Mr. S. 1251 bill to provide a scientific basis for the ENZI] was added as a cosponsor of S. At the request of Mr. BREAUX, the Secretary of Veterans Affairs to assess 1391, a bill to authorize the President name of the Senator from South Caro- the nature of the association between to permit the sale and export of food, lina [Mr. HOLLINGS] was added as a co- illnesses and exposure to toxic agents medicines, and medical equipment to sponsor of S. 1251, a bill to amend the and environmental or other wartime Cuba. Internal Revenue Code of 1986 to in- hazards as a result of service in the S. 1396 crease the amount of private activity Persian Gulf during the Persian Gulf At the request of Mr. JOHNSON, the bonds which may be issued in each War for purposes of determining a serv- name of the Senator from South Da- State, and to index such amount for in- ice connection relating to such ill- kota [Mr. DASCHLE] was added as a co- flation. nesses, and for other purposes. sponsor of S. 1396, a bill to amend the At the request of Mr. D’AMATO, the S. 1321 Child Nutrition Act of 1966 to expand names of the Senator from Rhode Is- At the request of Mr. TORRICELLI, the the School Breakfast Program in ele- land [Mr. CHAFEE], the Senator from names of the Senator from Massachu- mentary schools. Maine [Ms. COLLINS], and the Senator setts [Mr. KENNEDY] and the Senator S. 1418 from New Hampshire [Mr. SMITH] were from Massachusetts [Mr. KERRY] were added as cosponsors of S. 1251, supra. At the request of Mr. AKAKA, the added as cosponsors of S. 1321, a bill to name of the Senator from Florida [Mr. S. 1252 amend the Federal Water Pollution GRAHAM] was added as a cosponsor of S. At the request of Mr. D’AMATO, the Control Act to permit grants for the 1418, a bill to promote the research, names of the Senator from Rhode Is- national estuary program to be used identification, assessment, exploration, land [Mr. CHAFEE], the Senator from for the development and implementa- and development of methane hydrate Ohio [Mr. DEWINE], and the Senator tion of a comprehensive conservation resources, and for other purposes. from New Hampshire [Mr. SMITH] were and management plan, to reauthorize S. 1472 added as cosponsors of S. 1252, a bill to appropriations to carry out the pro- amend the Internal Revenue Code of gram, and for other purposes. At the request of Ms. MOSELEY- BRAUN, the name of the Senator from 1986 to increase the amount of low-in- S. 1334 New Jersey [Mr. TORRICELLI] was added come housing credits which may be al- At the request of Mr. BOND, the name as a cosponsor of S. 1472, a bill to located in each State, and to index of the Senator from Hawaii [Mr. amend the Internal Revenue Code of such amount for inflation. AKAKA] was added as a cosponsor of S. 1986 to provide a tax credit for public S. 1287 1334, a bill to amend title 10, United elementary and secondary school con- At the request of Mr. JEFFORDS, the States Code, to establish a demonstra- name of the Senator from Michigan tion project to evaluate the feasibility struction, and for other purposes. At the request of Mr. LAUTENBERG, [Mr. ABRAHAM] was added as a cospon- of using the Federal Employees Health sor of S. 1287, a bill to assist in the con- Benefits program to ensure the his name was added as a cosponsor of servation of Asian elephants by sup- availablity of adequate health care for S. 1472, supra. porting and providing financial re- Medicare-eligible beneficiaries under S. 1520 sources for the conservation programs the military health care system. At the request of Mr. HUTCHINSON, of nations within the range of Asian S. 1335 the names of the Senator from Georgia elephants and projects of persons with At the request of Ms. SNOWE, the [Mr. COVERDELL], the Senator from demonstrated expertise in the con- name of the Senator from Nevada [Mr. New Hampshire [Mr. SMITH], and the servation of Asian elephants. REID] was added as a cosponsor of S. Senator from Michigan [Mr. ABRAHAM] S. 1297 1335, a bill to amend title 5, United were added as cosponsors of S. 1520, a At the request of Mr. COVERDELL, the States Code, to ensure that coverage of bill to terminate the Internal Revenue name of the Senator from North Caro- bone mass measurements is provided Code of 1986. lina [Mr. HELMS] was added as a co- under the health benefits program for SENATE CONCURRENT RESOLUTION 39 sponsor of S. 1297, a bill to redesignate Federal employees. At the request of Mr. MOYNIHAN, the Washington National Airport as ‘‘Ron- S. 1360 name of the Senator from Rhode Island ald Reagan Washington National Air- At the request of Mr. ABRAHAM, the [Mr. CHAFEE] was added as a cosponsor port’’. name of the Senator from Alaska [Mr. of Senate Concurrent Resolution 39, a

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12616 CONGRESSIONAL RECORD — SENATE November 13, 1997 concurrent resolution expressing the resentatives and the order of the Senate of ments made by this Act shall take effect 90 sense of the Congress that the German January 7, 1997, authorize for the duration of days after the date of enactment of this Act. Government should expand and sim- the One Hundred Fifth Congress the Clerk of ‘‘(b) IMMEDIATE EFFECT.—Notwithstanding plify its reparations system, provide the House of Representatives and the Sec- subsection (a), the provisions of and the retary of the Senate, respectively; to receive amendments made by sections 111, 121, 125, reparations to Holocaust survivors in messages from the President during periods and 307 of this Act, and the provisions of sec- Eastern and Central Europe, and set up when the House and Senate are not in ses- tion 510(m) of the Federal Food, Drug, and a fund to help cover the medical ex- sion and thereby preserve until adjournment Cosmetic Act (as added by section 206(a)(2)), penses of Holocaust survivors. sine die of the final regular session of the shall take effect on the date of enactment of SENATE CONCURRENT RESOLUTION 52 One Hundred Fifth Congress the constitu- this Act.’’. tional prerogative of the House and Senate At the request of Mr. GRASSLEY, his f name was added as a cosponsor of Sen- to reconsider vetoed measures in light of the objections of the President, since the avail- ate Concurrent Resolution 52, a concur- SENATE CONCURRENT RESOLU- ability of the Clerk and the Secretary during TION 70—CORRECTING A TECH- rent resolution relating to maintaining any earlier adjourment of either House dur- the current standard behind the ‘‘Made ing the current Congress does not prevent NICAL ERROR IN THE ENROLL- in USA’’ label, in order to protect con- the return by the President of any bill pre- MENT OF THE BILL S. 1026 sumers and jobs in the United States. sented him for approval. Mr. D’AMATO submitted the fol- At the request of Mr. HOLLINGS, the SEC. 4. The Clerk of the House of Rep- lowing concurrent resolution; which names of the Senator from Illinois [Ms. resentatives shall inform the President of was considered and agreed to. the United States of the adoption of this MOSELEY-BRAUN], the Senator from Ne- Resolved by the Senate (the House of Rep- concurrent resolution. braska [Mr. KERREY], and the Senator resentatives concurring), That, in the enroll- from Montana [Mr. BURNS] were added f ment of the bill (S. 1026) to reauthorize the as cosponsors of Senate Concurrent SENATE CONCURRENT RESOLU- Export-Import Bank of the United States, Resolution 52, supra. TION 69—CORRECTING THE EN- the Secretary of the Senate shall strike subsection (a) of section 2 and insert the fol- SENATE CONCURRENT RESOLUTION 65 ROLLMENT OF THE BILL S. 830 lowing: At the request of Ms. SNOWE, the Mr. JEFFORDS submitted the fol- ‘‘(a) IN GENERAL.—Section 7 of the Export- name of the Senator from New Jersey lowing concurrent resolution; which Import Bank Act of 1945 (12 U.S.C. 635f) is [Mr. TORRICELLI] was added as a co- was considered and agreed to. amended by striking ‘until’ and all that fol- sponsor of Senate Concurrent Resolu- Resolved by the Senate (the House of Rep- lows through ‘but’ and inserting ‘until the tion 65, a concurrent resolution calling resentatives concurring), That, in the enroll- close of business on September 30, 2001, for a United States effort to end re- ment of the bill (S. 830) to amend the Federal but’.’’. striction on the freedoms and human Food, Drug, and Cosmetic Act and the Public f rights of the enclaved people in the oc- Health Service Act to improve the regulation of food, drugs, devices, and biological SENATE RESOLUTION 156—REL- cupied area of Cyprus. products, and for other purposes, the Sec- ATIVE TO SINE DIE ADJOURN- SENATE RESOLUTION 119 retary of the Senate shall make the fol- MENT At the request of Mr. BAUCUS, his lowing corrections: name was added as a cosponsor of Sen- (1) In section 119(b) of the bill: Mr. LOTT submitted the following ate Resolution 119, a resolution to ex- (A) Strike paragraph (2) (relating to con- resolution; which was considered and press the sense of the Senate that the forming amendments). agreed to: Secretary of Agriculture should estab- (B) Strike ‘‘(b) SECTION 505(j).—’’ and all S. RES. 156 that follows through ‘‘‘(3)(A) The Secretary lish a temporary emergency minimum Resolved, That notwithstanding the sine shall’’ and insert the following: die adjournment of the present session of the milk price that is equitable to all pro- ‘‘(b) SECTION 505(j).—Section 505(j) (21 ducers nationwide and that provides U.S.C. 355(j)) is amended by adding at the Congress, the President of the Senate, the price relief to economically distressed end the following paragraph: President of the Senate pro tempore, the Ma- milk producers. ‘‘‘(9)(A) The Secretary shall’’. jority Leader of the Senate, and the Minor- ity Leader of the Senate be, and they are f (2) In section 125(d)(2) of the bill, in the matter preceding subparagraph (A), insert hereby, authorized to make appointments to SENATE CONCURRENT RESOLU- after ‘‘antibiotic drug’’ the second place such commissions, committees, boards, con- TION 68—RELATIVE TO SINE DIE term appears the following: ‘‘(including any ferences, or interparliamentary conferences authorized by law, by concurrent action of ADJOURNMENT salt or ester of the antibiotic drug)’’. (3) In section 127(a) of the bill: In section the two Houses, or by order of the Senate. Mr. LOTT submitted the following 503A of the Federal Food, Drug, and Cos- f concurrent resolution; which was con- metic Act (as proposed to be inserted by such sidered and agreed to: section 127(a)), in the second sentence of sub- SENATE RESOLUTION 157—TEN- S. CON. RES. 68 section (d)(2), strike ‘‘or other criteria’’ and DERING THE THANKS OF THE Resolved by the Senate (the House of Rep- insert ‘‘and other criteria’’. SENATE TO THE VICE PRESI- resentatives concurring), That when the House (4) In section 412(c) of the bill: DENT (A) In subparagraph (1) of section 502(e) of adjourns on the legislative day of Thursday. Mr. LOTT (for himself and Mr. November 13, 1997, or Friday, November 14, the Federal Food, Drug, and Cosmetic Act 1997, on a motion offered pursuant to this (as proposed to be amended by such section DASCHLE) submitted the following reso- concurrent resolution by the Majority Lead- 412(c)), in subclause (iii) of clause (A), insert lution; which was considered and er or his designee, it stand adjourned sine before the period the following: ‘‘or to pre- agreed to: die, or until noon on the second day after scription drugs’’. S. RES. 157 (B) Strike ‘‘(c) MISBRANDING.—Subpara- Members are notified to reassemble pursuant Resolved, That the thanks of the Senate are graph (1) of section 502(e)’’ and insert the fol- to section 2 of this concurrent resolution, hereby tendered to the Honorable Al Gore, lowing: and that when the Senate adjourns on Thurs- Vice President of the United States and ‘‘(c) MISBRANDING.— day. November 13, 1997, or Friday, November President of the Senate, for the courteous, ‘‘(1) IN GENERAL.—Subparagraph (1) of sec- 14, 1997, on a motion offered pursuant to this dignified, and impartial manner in which he concurrent resolution by the Majoriy Leader tion 502(e)’’. (C) Add at the end the following: has presided over its deliberations during the or his designee, it stand adjourned sine die, first session of the One Hundred Fifth Con- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in or until noon on the second day after Mem- gress. bers are notified to reassemble pursuant to this Act, or the amendments made by this section 2 of this concurrent resolution. Act, shall affect the question of the author- f SEC. 2. The Speaker of the House and the ity of the Secretary of Health and Human Majority Leader of the Senate, acting jointly Services regarding inactive ingredient label- SENATE RESOLUTION 158—TEN- after consultation with the Minority Leader ing for prescription drugs under sections of DERING THE THANKS OF THE of the House and the Minority Leader of the the Federal Food, Drug, and Cosmetic Act SENATE TO THE PRESIDENT PRO Senate, shall notify the Members of the other than section 502(e)(1)(A)(iii).’’. TEMPORE (5) Strike section 501 of the bill and insert House and Senate, respectively, to reassem- Mr. LOTT (for himself and Mr. ble whenever, in their opinion, the public in- the following: terest shall warrant it. ‘‘SEC. 501. EFFECTIVE DATE. DASCHLE) submitted the following reso- SEC. 3. The Congress declares that clause 5 ‘‘(a) IN GENERAL.—Except as otherwise pro- lution; which was considered and of rule III of the Rules of the House of Rep- vided in this Act, this Act and the amend- agreed to:

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S. RES. 158 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the and that her example has inspired others to Resolved, That the thanks of the Senate are Senate may direct its counsel to represent follow her in a life of solidarity with the hereby tendered to the Honorable Strom employees of the Senate with respect to any poor; Thurmond, President pro tempore of the subpoena, order, or request for testimony re- (3) encourages all Americans to reflect Senate, for the courteous, dignified, and im- lating to their official responsibilities; on how they might learn from Dorothy Day’s partial manner in which he has presided over Whereas, by the privileges of the Senate of example and continue her work of minis- its deliberations during the first session of the United States and rule XI of the Stand- tering to the needy; and the One Hundred Fifth Congress. ing Rules of the Senate, no evidence under (4) designates the week of November 8, the control or in the possession of the Senate 1997, through November 14, 1997, as the ‘‘Na- f may, by the judicial process, be taken from tional Week of Recognition for Dorothy Day such control or possession but by permission SENATE RESOLUTION 159—TO COM- and Those Whom She Served’’. of the Senate; and SEC. 2. TRANSMITTAL. MEND THE EXEMPLARY LEAD- Whereas, when it appears that evidence ERSHIP OF THE DEMOCRATIC under the control or in the possession of the The Secretary of the Senate shall transmit an enrolled copy of this resolution to— LEADER Senate may promote the administration of justice, the Senate will take such action as (1) Maryhouse, 55 East Third Street, New Mr. LOTT submitted the following will promote the ends of justice consistently York City, New York; resolution; which was considered and with the privileges of the Senate: Now, (2) St. Joseph House, 36 East First agreed to: therefore, be it Street, New York City, New York; and (3) His Emminence John Cardinal O’Con- S. RES. 159 Resolved, That Brent Baglien, and any other present or former employee from nor of the Archdiocese of New York, New Resolved, That the thanks of the Senate are whom testimony may be required, are au- York City, New York. hereby tendered to the distinguished Demo- thorized to testify in the case of United cratic Leader, the Senator from South Da- f States v. Blackley, except concerning mat- kota, the Honorable Thomas A. Daschle, for ters for which a privilege should be asserted. AMENDMENTS SUBMITTED his exemplary leadership and the cooperative SEC. 2. That the Senate Legal Counsel is and dedicated manner in which he has per- authorized to represent Brent Baglien and formed his leadership responsibilities in the any present or former employee of the Sen- THE OCEAN AND COASTAL RE- conduct of Senate business during the first ate in connection with testimony in United session of the 105th Congress. SEARCH REVITALIZATION ACT States v. Blackley. OF 1997 f f SENATE RESOLUTION 160—COM- SENATE RESOLUTION 163—DESIG- MENDING THE MAJORITY LEAD- NATING A NATIONAL WEEK OF SNOWE AMENDMENT NO. 1636 ER RECOGNITION FOR DOROTHY Mr. LOTT (for Ms. SNOWE) proposed Mr. DASCHLE submitted the fol- DAY AND THOSE WHOM SHE an amendment to the bill (S. 927) to re- lowing resolution; which was consid- SERVED authorize the Sea Grant Program; as ered and agreed to. Mr. MOYNIHAN (for himself, Mr. follows: S. RES. 160 D’AMATO, Mr. WELLSTONE, Mr. LEVIN, Strike out all after the enacting clause and Resolved, That the thanks of the Senate are Mr. DODD, Mr. TORRICELLI, Mr. REED, insert the following: hereby tendered to the distinguished Major- Mr. DURBIN, Ms. MIKULSKI, and Mr. SECTION 1. SHORT TITLE. ity Leader, the Senator from Mississippi, the KENNEDY) submitted the following res- This act may be cited as the ‘‘National Sea Honorable Trent Lott, for his exemplary olution; which was considered and Grant College Program Reauthorization Act leadership and the cooperative and dedicated agreed to. of 1997’’. manner in which he has performed his lead- S. RES. 163 SEC. 2. AMENDMENT OF NATIONAL SEA GRANT ership responsibilities in the conduct of Sen- COLLEGE PROGRAM ACT. Whereas November 8, 1997, marks the 100th ate business during the first session of the Except as otherwise expressly provided, anniversary of the birth of Dorothy Day on 105th Congress. whenever in this Act an amendment or re- Pineapple Street in Brooklyn, New York; peal is expressed in terms of an amendment f Whereas Dorothy Day was a woman who or repeal to, or repeal of, a section or other lived a life of voluntary poverty, guided by provision, the reference shall be considered SENATE RESOLUTION 161—AMEND- the principles of social justice and solidarity ING SENATE RESOLUTION 48 to be made to a section or other provision of with the poor; the National Sea Grant College Program Act Mr. LOTT submitted the following Whereas in 1933 Dorothy Day and Peter (33 U.S.C. 1121 et seq.). resolution; which was considered and Maurin founded the Catholic Worker Move- ment and the Catholic Worker newspaper ‘‘to SEC. 3. FINDINGS. agreed to. realize in the individual and society the ex- (a) Section 202(a)(1) (33 U.S.C. 1121(a)(1)) is S. RES. 161 press and implied teachings of Christ’’; amended— Resolved, That Senate Resolution 48, 105th Whereas the Catholic Worker ‘‘Houses of (1) by redesignating subparagraphs (D) and Congress, agreed to February 4, 1997, is Hospitality’’ founded by Dorothy Day have (E) as subparagraphs (E) and (F), respec- amended— ministered to the physical and spiritual tively; and (1) in section 1(e), by striking ‘‘$5,000’’ and needs of the poor for over 60 years; (2) by inserting after subparagraph (C) the inserting ‘‘$10,000’’; and Whereas there are now more than 125 following: (2) in sections 1(e) and 1(g), by striking Catholic Worker ‘‘Houses of Hospitality’’ in ‘‘(D) encourage the development of fore- ‘‘September 30, 1997’’ and inserting ‘‘Sep- the United States and throughout the world; cast and analysis systems for coastal haz- tember 30, 1998’’. Whereas in 1972 Dorothy Day was awarded ards;’’. the Laetare Medal by the University of (b) Section 202(a)(6) (33 U.S.C. 1121(a)(6)) is f Notre Dame for ‘‘comforting the afflicted amended by striking the second sentence and inserting the following: ‘‘The most cost-ef- SENATE RESOLUTION 162—REL- and afflicting the comfortable virtually all of her life’’; fective way to promote such activities is ATIVE TO THE SENATE LEGAL through continued and increased Federal COUNSEL Whereas upon the death of Dorothy Day in 1980, noted Catholic historian David O’Brien support of the establishment, development, Mr. LOTT (for himself and Mr. called her ‘‘the most significant, interesting, and operation of programs and projects by sea grant colleges, sea grant institutes, and DASCHLE) submitted the following reso- and influential person in the history of other institutions.’’. lution; which was considered and American Catholicism’’; agreed to. Whereas His Emminence John Cardinal SEC. 4. DEFINITIONS. O’Connor has stated that he is considering (a) Section 203 (33 U.S.C. 1122) is amended— S. RES. 162 recommending Dorothy Day to the Pope for (1) in paragraph (3)— Whereas, in the case of United States v. Cannonization; and (A) by striking ‘‘their university or’’ and Blackley, Criminal Case No. 97–0166, pending Whereas Dorothy Day serves as inspiration inserting ‘‘his or her’’; and in the United States District Court for the for those who strive to live their faith: Now, (B) by striking ‘‘college, programs, or re- District of Columbia, testimony has been re- therefore, be it gional consortium’’ and inserting ‘‘college or quested from Brent Baglien, a former em- Resolved, That the Senate— sea grant institute’’; ployee on the staff of the Committee on Ag- (1) expresses deep admiration and respect (2) by striking paragraph (4) and inserting riculture, Nutrition, and Forestry; for the life and work of Dorothy Day; the following: Whereas, pursuant to sections 703(a) and (2) recognizes that the work of Dorothy ‘‘(4) The term ‘field related to ocean, coast- 704(a)(2) of the Ethics in Government Act of Day improved the lives of countless people al, and Great Lakes resources’ means any

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12618 CONGRESSIONAL RECORD — SENATE November 13, 1997 discipline or field, including marine affairs, national sea grant office, the Administra- by law or assigned by the Secretary, the Di- resource management, technology, edu- tion, and the panel; rector shall— cation, or science, which is concerned with ‘‘(3) the fellowship program under section ‘‘(A) facilitate and coordinate the develop- or likely to improve the understanding, as- 208; and ment of a long-range strategic plan under sessment, development, utilization, or con- ‘‘(4) any national strategic investments in subsection (c)(1); servation of ocean, coastal, or Great Lakes fields relating to ocean, coastal, and Great ‘‘(B) advise the Secretary with respect to resources.’’; Lakes resources developed with the approval the expertise and capabilities which are (3) by redesignating paragraphs (5) through of the panel, the sea grant colleges, and the available within or through the national sea (16) as paragraphs (7) through (17), respec- sea grant institutes. grant college program and encourage the use tively, and inserting after paragraph (4) the ‘‘(c) RESPONSIBILITIES OF THE SECRETARY.— of such expertise and capabilities, on a coop- following: erative or other basis, by other offices and ‘‘(5) The term ‘Great Lakes’ includes Lake ‘‘(1) The Secretary, in consultation with activities within the Administration, and Champlain. the panel, sea grant colleges, and sea grant other Federal departments and agencies; ‘‘(6) The term ‘institution’ means any pub- institutes, shall develop a long-range stra- ‘‘(C) advise the Secretary on the designa- lic or private institution of higher education, tegic plan which establishes priorities for tion of sea grant colleges and sea grant insti- institute, laboratory, or State or local agen- the national sea grant college program and tutes, and, if appropriate, on the termination cy.’’; which provides an appropriately balanced re- or suspension of any such designation; and (4) by striking ‘‘regional consortium, insti- sponse to local, regional, and national needs. ‘‘(D) encourage the establishment and tution of higher education, institute, or lab- ‘‘(2) Within 6 months of the date of enact- growth of sea grant programs, and coopera- oratory’’ in paragraph (11) (as redesignated) ment of the Ocean and Coastal Research Re- tion and coordination with other Federal ac- and inserting ‘‘institute or other institu- vitalization Act of 1997, the Secretary, in tivities in fields related to ocean, coastal, tion’’; consultation with the panel, sea grant col- and Great Lakes resources. (5) by striking paragraphs (12) through (17) leges, and sea grant institutes, shall estab- ‘‘(3) With respect to sea grant colleges and (as redesignated) and inserting after para- lish guidelines related to the activities and sea grant institutes, the Director shall— graph (11) the following: responsibilities of sea grant colleges and sea ‘‘(A) evaluate the programs of sea grant ‘‘(12) The term ‘project’ means any individ- grant institutes. Such guidelines shall in- colleges and sea grant institutes, using the ually described activity in a field related to clude requirements for the conduct of merit priorities, guidelines, and qualifications es- ocean, coastal, and Great Lakes resources in- review by the sea grant colleges and sea tablished by the Secretary; volving research, education, training, or ad- grant institutes of proposals for grants and ‘‘(B) subject to the availability of appro- visory services administered by a person contracts to be awarded under section 205, priations, allocate funding among sea grant with expertise in such a field. providing, at a minimum, for standardized colleges and sea grant institutes so as to— ‘‘(13) The term ‘sea grant college’ means documentation of such proposals and peer re- ‘‘(i) promote healthy competition among any institution, or any association or alli- view of all research projects. sea grant colleges and institutes; ance of two or more such institutions, des- ‘‘(3) The Secretary shall by regulation pre- ‘‘(ii) encourage successful implementation ignated as such by the Secretary under sec- scribe the qualifications required for des- of sea grant programs; and tion 207 (33 U.S.C. 1126) of this Act. ignation of sea grant colleges and sea grant ‘‘(iii) to the maximum extent consistent ‘‘(14) The term ‘sea grant institute’ means institutes under section 207. with other provisions of this Act, provide a any institution, or any association or alli- ‘‘(4) To carry out the provisions of this sub- stable base of funding for sea grant colleges ance of two or more such institutions, des- chapter, the Secretary may— and institutes; and ignated as such by the Secretary under sec- ‘‘(A) appoint, assign the duties, transfer, ‘‘(C) ensure compliance with the guidelines tion 207 (33 U.S.C. 1126) of this Act. and fix the compensation of such personnel for merit review under subsection (c)(2).’’. ‘‘(15) The term ‘sea grant program’ means as may be necessary, in accordance with SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL a program of research and outreach which is civil service laws; PROGRAM. administered by one or more sea grant col- ‘‘(B) make appointments with respect to Section 3 of the Sea Grant Program Im- leges or sea grant institutes. temporary and intermittent services to the provement Act of 1976 (33 U.S.C. 1124a) is re- ‘‘(16) The term ‘Secretary’ means the Sec- extent authorized by section 3109 of title 5, pealed. retary of Commerce, acting through the United States Code; SEC. 7. SEA GRANT COLLEGES AND SEA GRANT Under Secretary of Commerce for Oceans and ‘‘(C) publish or arrange for the publication INSTITUTES. Atmosphere. of, and otherwise disseminate, in cooperation Section 207 (33 U.S.C. 1126) is amended to ‘‘(17) The term ‘State’ means any State of with other offices and programs in the Ad- read as follows: the United States, the District of Columbia, ministration and without regard to section ‘‘SEC. 207. SEA GRANT COLLEGES AND SEA the Commonwealth of Puerto Rico, the Vir- 501 of title 44, any information of research, GRANT INSTITUTES. gin Islands, Guam, American Samoa, the educational, training or other value in fields ‘‘(a) DESIGNATION.— Commonwealth of the Mariana Islands, or related to ocean, coastal, or Great Lakes re- ‘‘(1) A sea grant college or sea grant insti- any other territory or possession of the sources; tute shall meet the following qualifica- United States.’’. ‘‘(D) enter into contracts, cooperative tions— (b) The Act is amended— agreements, and other transactions without ‘‘(A) have an existing broad base of com- (1) in section 209(b) (33 U.S.C. 1128(b)), as regard to section 5 of title 41, United States petence in fields related to ocean, coastal, amended by this Act, by striking ‘‘, the Code; and Great Lakes resources; Under Secretary,’’; and ‘‘(E) notwithstanding section 1342 of title ‘‘(B) make a long-term commitment to the (2) by striking ‘‘Under Secretary’’ every 31, United States Code, accept donations and objective in section 202(b), as determined by other place it appears and inserting ‘‘Sec- voluntary and uncompensated services; the Secretary; retary’’. ‘‘(F) accept funds from other Federal de- ‘‘(C) cooperate with other sea grant col- SEC. 5. NATIONAL SEA GRANT COLLEGE PRO- partments and agencies, including agencies leges and institutes and other persons to GRAM. within the Administration, to pay for and solve problems or meet needs relating to Section 204 (33 U.S.C. 1123) is amended to add to grants made and contracts entered ocean, coastal, and Great Lakes resources; read as follows: into by the Secretary; ‘‘(D) have received financial assistance ‘‘SEC. 204. NATIONAL SEA GRANT COLLEGE PRO- ‘‘(G) promulgate such rules and regulations under section 205 of this title (33 U.S.C. 1124); GRAM. as may be necessary and appropriate. ‘‘(E) be recognized for excellence in fields ‘‘(a) PROGRAM MAINTENANCE.—The Sec- ‘‘(d) DIRECTOR OF THE NATIONAL SEA GRANT related to ocean, coastal, and Great Lakes retary shall maintain within the Adminis- COLLEGE PROGRAM.— resources (including marine resources man- tration, a program to be known as the na- ‘‘(1) The Secretary shall appoint, as the Di- agement and science), as determined by the tional sea grant college program. The na- rector of the National Sea Grant College Secretary; and tional sea grant college program shall be ad- Program, a qualified individual who has ap- ‘‘(F) meet such other qualifications as the ministered by a national sea grant office propriate administrative experience and Secretary, in consultation with the panel, within the Administration. knowledge or expertise in fields related to considers necessary or appropriate. ‘‘(b) PROGRAM ELEMENTS.—The national ocean, coastal, and Great Lakes resources. ‘‘(2) The Secretary may designate an insti- sea grant college program shall consist of The Director shall be appointed and com- tution, or an association or alliance of two the financial assistance and other activities pensated, without regard to the provisions of or more such institutions, as a sea grant col- authorized in this subchapter, and shall pro- title 5 governing appointments in the com- lege if the institution, association, or alli- vide support for the following elements— petitive service, at a rate payable under sec- ance— ‘‘(1) sea grant programs which comprise a tion 5376 of title 5, United States Code. ‘‘(A) meets the qualifications in paragraph national sea grant college program network, ‘‘(2) Subject to the supervision of the Sec- (1); and including international projects conducted retary, the Director shall administer the na- ‘‘(B) maintains a program of research, ad- within such programs; tional sea grant college program and oversee visory services, training, and education in ‘‘(2) administration of the national sea the operation of the national sea grant of- fields related to ocean, coastal, and Great grant college program and this Act by the fice. In addition to any other duty prescribed Lakes resources.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12619 ‘‘(3) The Secretary may designate an insti- and Control Act of 1990 (16 U.S.C. TITLE I—SENIOR CITIZEN HOME EQUITY tution, or an association or alliance of two 4741(b)(4)(A)) for competitive grants for uni- PROTECTION or more such institutions, as a sea grant in- versity research on the zebra mussel; Sec. 101. Short title. stitute if the institution, association, or alli- ‘‘(B) up to $3,000,000 may be made available Subtitle A—Senior Citizen Home Equity ance— for competitive grants for university re- Protection ‘‘(A) meets the qualifications in paragraph search on oyster diseases and oyster-related (1); and human health risks; and Sec. 111. Disclosure requirements; prohibi- ‘‘(B) maintains a program which includes, ‘‘(C) up to $5,000,000 may be made available tion of funding of unnecessary at a minimum, research and advisory serv- for competitive grants for university re- or excessive costs. ices. search on Pfiesteria piscicida and other Sec. 112. Implementation. ‘‘(b) EXISTING DESIGNEES.—Any institution, harmful algal blooms. Subtitle B—Temporary Extension of Public or association or alliance of two or more (b) LIMITATION ON CERTAIN FUNDING.—Sec- Housing and Section 8 Rental Assistance such institutions, designated as a sea grant tion 212(b)(1) (33 U.S.C. 1131(b)(1)) is amended Provisions college or awarded institutional program to read as follows: Sec. 121. Public housing ceiling rents and in- status by the Director prior to the date of ‘‘(b) –PROGRAM ELEMENTS.— come adjustments and pref- enactment of this Act, shall not have to re- ‘‘(1) LIMITATION.—No more than 5 percent erences for assisted housing. apply for designation as a sea grant college of the lesser of— Sec. 122. Public housing demolition and dis- or sea grant institute, respectively, after the ‘‘(A) the amount authorized to be appro- position. date of enactment of this act, if the Director priated; or Sec. 123. Public housing funding flexibility determines that the institution, or associa- ‘‘(B) the amount appropriated, and mixed-finance develop- tion or alliance of institutions, meets the for each fiscal year under subsection (a) may ments. qualifications in subsection (a). be used to fund the program element con- Sec. 124. Minimum rents. ‘‘(c) SUSPENSION OR TERMINATION OF DES- tained in section 204(b)(2). Sec. 125. Provisions relating to section 8 IGNATION.—The Secretary may, for cause and ‘‘(c) NOTICE OF REPROGRAMMING.—If any rental assistance program. after an opportunity for hearing, suspend or funds authorized by this section are subject Subtitle C—Reauthorization of Federally As- terminate any designation under subsection to a reprogramming action that requires no- sisted Multifamily Rental Housing Provi- (a). tice to be provided to the Appropriations sions ‘‘(d) DUTIES.—Subject to any regulations Committees of the House of Representatives Sec. 131. Multifamily housing finance pilot prescribed or guidelines established by the and the Senate, notice of such action shall programs. Secretary, it shall be the responsibility of concurrently be provided to the Committees Sec. 132. Hud disposition of multifamily each sea grant college and sea grant insti- on Science and Resources of the House of housing. tute— Representatives and the Committee on Com- Sec. 133. Multifamily mortgage auctions. ‘‘(1) to develop and implement, in consulta- merce, Science, and Transportation of the Sec. 134. Clarification of owner’s right to tion with the Secretary and the panel, a pro- Senate. prepay. gram that is consistent with the guidelines ‘‘(d) NOTICE OF REORGANIZATION.—The Sec- and priorities established under section retary shall provide notice to the Commit- Subtitle D—Reauthorization of Rural 204(c); and tees on Science, Resources, and Appropria- Housing Programs ‘‘(2) to conduct a merit review of all pro- tions of the House of Representatives and Sec. 141. Housing in underserved areas proposals for grants and contracts to be award- the Committees on Commerce, Science, and gram. ed under section 205.’’. Transportation and Appropriations of the Sec. 142. Housing and related facilities for SEC. 8. SEA GRANT REVIEW PANEL. Senate, not later than 45 days before any elderly persons and families (a) Section 209(a) (33 U.S.C. 1128(a)) is major reorganization of any program, and other low-income persons amended— project, or activity of the National Sea and families. (1) by striking ‘‘; commencement date’’; Grant College Program.’’. Sec. 143. Loan guarantees for multifamily and SEC. 10. ADMINISTRATIVE LAW JUDGES. rental housing in rural areas. (2) by striking the second sentence. Notwithstanding section 559 of title 5, Subtitle E—Reauthorization of National (b) Section 209(b) (33 U.S.C. 1128(b)) is United States Code, with respect to any ma- Flood Insurance Program amended— rine resource conservation law or regulation (1) by striking ‘‘The Panel’’ and inserting Sec. 151. Program expiration. administered by the Secretary of Commerce Sec. 152. Borrowing authority. ‘‘The panel’’; acting through the National Oceanic and At- (2) by striking ‘‘and section 3 of the Sea Sec. 153. Emergency implementation of pro- mospheric Administration, all adjudicatory gram. Grant College Program Improvement Act of functions which are required by chapter 5 of 1976’’ in paragraph (1); and Sec. 154. Authorization of appropriations for title 5 of such Code to be performed by an studies. (3) by striking ‘‘regional consortia’’ in Administrative Law Judge may be performed Subtitle F—Native American Housing paragraph (3) and inserting ‘‘institutes’’. by the United States Coast Guard on a reim- Assistance (c) Section 209(c) (33 U.S.C. 1128(c)) is bursable basis. Should the United States amended— Coast Guard require the detail of an Admin- Sec. 161. Subsidy layering certification. (1) in paragraph (1) by striking ‘‘college, istrative Law Judge to perform any of these Sec. 162. Inclusion of homebuyer selection sea grant regional consortium, or sea grant functions, it may request such temporary or policies and criteria. program’’ and inserting ‘‘college or sea grant occasional assistance from the Office of Per- Sec. 163. Repayment of grant amounts for institute’’; sonnel Management pursuant to section 3344 violation of affordable housing (2) by striking paragraph (5)(A) and insert- of title 5, United States Code. requirement. ing the following: Sec. 164. United States Housing Act of 1937. ‘‘(A) receive compensation at a rate estab- f Sec. 165. Miscellaneous. lished by the Secretary, not to exceed the THE HOMEOWNERS INSURANCE TITLE II—HOMEOWNERS PROTECTION maximum daily rate payable under section ACT 5376 of title 5, United States Code, when ac- PROTECTION ACT tually engaged in the performance of duties Sec. 201. Short title. for such panel; and’’. Sec. 202. Definitions. Sec. 203. Termination of private mortgage SEC. 9. AUTHORIZATION OF APPROPRIATIONS. D’AMATO AMENDMENT NO. 1637 insurance. (a) GRANTS, CONTRACTS, AND FELLOW- Mr. LOTT (for Mr. D’AMATO) pro- Sec. 204. Disclosure requirements. SHIPS.—Section 212(a) (33 U.S.C. 1131(a)) is posed an amendment to the bill (H.R. Sec. 205. Notification upon cancellation or amended to read as follows: 607) to amend the Truth in Lending Act termination. ‘‘(a) AUTHORIZATION.— Sec. 206. Disclosure requirements for lender ‘‘(1) IN GENERAL.—There is authorized to be to require notice of cancellation rights paid mortgage insurance. appropriated to carry out this Act— with respect to private mortgage insur- Sec. 207. Fees for disclosures. ‘‘(A) $55,400,000 for fiscal year 1998; ance which is required by a creditor as Sec. 208. Civil liability. ‘‘(B) $56,500,000 for fiscal year 1999; a condition for entering into a residen- Sec. 209. Effect on other laws and agree- ‘‘(C) $57,600,000 for fiscal year 2000; tial mortgage transaction, and for ments. ‘‘(D) $58,800,000 for fiscal year 2001; and other purposes; as follows: Sec. 210. Enforcement. ‘‘(E) $59,900,000 for fiscal year 2002. Strike all after the enacting clause and in- Sec. 211. Construction. ‘‘(2) ZEBRA MUSSEL AND OYSTER RESEARCH.— sert the following: Sec. 212. Effective date. In addition to the amount authorized for each fiscal year under paragraph (1)— SECTION 1. TABLE OF CONTENTS. TITLE III—ABOLISHMENT OF THE ‘‘(A) up to $2,800,000 may be made available The table of contents for this Act is as fol- THRIFT DEPOSITOR PROTECTION as provided in section 1301(b)(4)(A) of the lows: OVERSIGHT BOARD Nonindigenous Aquatic Nuisance Prevention Sec. 1. Table of contents. Sec. 301. Abolishment.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0655 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12620 CONGRESSIONAL RECORD — SENATE November 13, 1997 TITLE I—SENIOR CITIZEN HOME EQUITY fective only with respect to assistance pro- SEC. 134. CLARIFICATION OF OWNER’S RIGHT TO PROTECTION vided from funds made available for fiscal PREPAY. (a) PREPAYMENT RIGHT.—Notwithstanding SEC. 101. SHORT TITLE. year 1998 or any preceding fiscal year, except section 211 of the Housing and Community This title may be cited as the ‘‘Senior Cit- that the authority in the first sentence of Development Act of 1987 or section 221 of the izen Home Equity Protection Act’’. section 14(q)(1) of that Act to use up to 10 percent of the allocation of certain funds for Housing and Community Development Act of Subtitle A—Senior Citizen Home Equity any operating subsidy purpose shall not 1987 (as in effect pursuant to section 604(c) of Protection apply to amounts made available for fiscal the Cranston-Gonzalez National Affordable SEC. 111. DISCLOSURE REQUIREMENTS; PROHIBI- year 1998.’’. Housing Act), subject to subsection (b), with TION OF FUNDING OF UNNECES- (b) MIXED FINANCE.—Section 14(q)(1) of the respect to any project that is eligible low-in- SARY OR EXCESSIVE COSTS. United States Housing Act of 1937 (42 U.S.C. come housing (as that term is defined in sec- Section 255(d) of the National Housing Act 1437l(q)(1)) is amended by inserting after the tion 229 of the Housing and Community De- (12 U.S.C. 1715z–20(d)) is amended— first sentence the following: ‘‘Such assist- velopment Act of 1987)— (1) in paragraph (2)— ance may involve the drawdown of funds on (1) the owner of the project may prepay, (A) in subparagraph (B), by striking ‘‘and’’ a schedule commensurate with construction and the mortgagee may accept prepayment at the end; draws for deposit into an interest earning es- of, the mortgage on the project, and (B) by redesignating subparagraph (C) as crow account to serve as collateral or credit (2) the owner may request voluntary termi- subparagraph (D); and enhancement for bonds issued by a public nation of a mortgage insurance contract (C) by inserting after subparagraph (B) the agency for the construction or rehabilitation with respect to such project and the contract following: of the development.’’. may be terminated notwithstanding any re- ‘‘(C) has received full disclosure of all costs quirements under sections 229 and 250 of the SEC. 124. MINIMUM RENTS. to the mortgagor for obtaining the mort- National Housing Act. gage, including any costs of estate planning, Section 402(a) of The Balanced Budget (b) CONDITIONS.—Any prepayment of a financial advice, or other related services; Downpayment Act, I (Public Law 104–99; 110 mortgage or termination of an insurance and’’; Stat. 40) is amended in the matter preceding contract authorized under subsection (a) (2) in paragraph (9)(F), by striking ‘‘and’’; paragraph (1) by striking ‘‘fiscal year 1997’’ may be made— (3) in paragraph (10), by striking the period and inserting ‘‘fiscal years 1997 and 1998’’. (1) only to the extent that such prepay- at the end and inserting ‘‘; and’’; and SEC. 125. PROVISIONS RELATING TO SECTION 8 ment or termination is consistent with the (4) by adding at the end the following: RENTAL ASSISTANCE PROGRAM. terms and conditions of the mortgage on or ‘‘(11) have been made with such restric- Section 203(d) of the Departments of Vet- mortgage insurance contract for the project; tions as the Secretary determines to be ap- erans Affairs and Housing and Urban Devel- and propriate to ensure that the mortgagor does opment, and Independent Agencies Appro- (2) only if owner of the project involved not fund any unnecessary or excessive costs priations Act, 1996 (as contained in section agrees not to increase the rent charges for for obtaining the mortgage, including any 101(e) of the Omnibus Consolidated Rescis- any dwelling unit in the project during the costs of estate planning, financial advice, or sions and Appropriations Act of 1996 (Public 60-day period beginning upon such prepay- other related services.’’. Law 104–134)) (42 U.S.C. 1437f note) is amendment or termination. SEC. 112. IMPLEMENTATION. ed by striking ‘‘and 1997’’ and inserting ‘‘, (c) APPLICABILITY.—This section shall (a) NOTICE.—The Secretary of Housing and 1997, and 1998’’. apply only during the period beginning on Urban Development shall, by interim notice, Subtitle C—Reauthorization of Federally As- October 1, 1997, and ending at the end of Sep- implement the amendments made by section sisted Multifamily Rental Housing Provi- tember 30, 1998. 111 in an expeditious manner, as determined sions Subtitle D—Reauthorization of Rural by the Secretary. Such notice shall not be ef- Housing Programs fective after the date of the effectiveness of SEC. 131. MULTIFAMILY HOUSING FINANCE PILOT PROGRAMS. SEC. 141. HOUSING IN UNDERSERVED AREAS the final regulations issued under subsection PROGRAM. (b). Section 542 of the Housing and Community The first sentence of section 509(f)(4)(A) of (b) REGULATIONS.—The Secretary shall, not Development Act of 1992 (12 U.S.C. 1707 note) the Housing Act of 1949 (42 U.S.C. later than the expiration of the 90-day period is amended— 1479(f)(4)(A)) is amended by striking ‘‘fiscal beginning on the date of enactment of this (1) in subsection (b)(5), by inserting before year 1997’’ and inserting ‘‘fiscal years 1997, Act, issue final regulations to implement the the period at the end of the first sentence 1998, and 1999’’. amendments made by section 111. Such regu- the following: ‘‘, and not more than an addi- lations shall be issued only after notice and tional 15,000 units during fiscal year 1998’’; SEC. 142. HOUSING AND RELATED FACILITIES FOR ELDERLY PERSONS AND FAMI- opportunity for public comment pursuant to and (2) in the first sentence of subsection LIES AND OTHER LOW-INCOME PER- the provisions of section 553 of title 5, United SONS AND FAMILIES. (c)(4)— States Code (notwithstanding subsections (a) AUTHORITY TO MAKE LOANS.—Section (a)(2) and (b)(3)(B) of that section). (A) by striking ‘‘and’’ and inserting a comma; and 515(b)(4) of the Housing Act of 1949 (42 U.S.C. Subtitle B—Temporary Extension of Public (B) by inserting before the period at the 1485(b)(4)) is amended by striking ‘‘Sep- Housing and Section 8 Rental Assistance end the following: ‘‘, and not more than an tember 30, 1997’’ and inserting ‘‘September Provisions additional 15,000 units during fiscal year 30, 1999’’. (b) SET-ASIDE FOR NONPROFIT ENTITIES.— SEC. 121. PUBLIC HOUSING CEILING RENTS AND 1998’’. INCOME ADJUSTMENTS AND PREF- The first sentence of section 515(w)(1) of the ERENCES FOR ASSISTED HOUSING. SEC. 132. HUD DISPOSITION OF MULTIFAMILY Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is HOUSING. Section 402(f) of The Balanced Budget amended by striking ‘‘fiscal year 1997’’ and Downpayment Act, I (42 U.S.C. 1437aa note) Section 204 of the Departments of Veterans inserting ‘‘fiscal years 1997, 1998, and 1999’’. Affairs and Housing and Urban Development, is amended by striking ‘‘and 1997’’ and in- SEC. 143. LOAN GUARANTEES FOR MULTIFAMILY serting ‘‘, 1997, and 1998’’. and Independent Agencies Appropriations RENTAL HOUSING IN RURAL AREAS. Act, 1997 (12 U.S.C. 1715z–11a) is amended by SEC. 122. PUBLIC HOUSING DEMOLITION AND Section 538 of the Housing Act of 1949 (42 DISPOSITION. inserting after ‘‘owned by the Secretary’’ the U.S.C. 1490p–2) is amended— Section 1002(d) of the Emergency Supple- following: ‘‘, including the provision of (1) in subsection (q), by striking paragraph mental Appropriations for Additional Dis- grants and loans from the General Insurance (2) and inserting the following: Fund for the necessary costs of rehabilita- aster Assistance, for Anti-terrorism Initia- ‘‘(2) ANNUAL LIMITATION ON AMOUNT OF LOAN tion or demolition,’’. tives, for Assistance in the Recovery from GUARANTEE.—In each fiscal year, the Sec- the Tragedy that Occurred at Oklahoma SEC. 133. MULTIFAMILY MORTGAGE AUCTIONS. retary may enter into commitments to guar- City, and Rescissions Act, 1995 (42 U.S.C. Section 221(g)(4)(C) of the National Hous- antee loans under this section only to the ex- 1437c note) is amended by striking ‘‘Sep- ing Act (12 U.S.C. 1715l(g)(4)(C)) is amended— tent that the costs of the guarantees entered tember 30, 1997’’ and inserting ‘‘September (1) in the first sentence of clause (viii), by into in such fiscal year do not exceed such 30, 1998’’. striking ‘‘September 30, 1996’’ and inserting amount as may be provided in appropriation SEC. 123. PUBLIC HOUSING FUNDING FLEXI- ‘‘December 31, 2000’’; and Acts for such fiscal year.’’; BILITY AND MIXED-FINANCE DEVEL- (2) by adding at the end the following: (2) by striking subsection (t) and inserting OPMENTS. ‘‘(ix) The authority of the Secretary to the following: (a) EXTENSION OF AUTHORITY.—Section conduct multifamily auctions under this ‘‘(t) AUTHORIZATION OF APPROPRIATIONS.— 201(a)(2) of the Departments of Veterans Af- subparagraph shall be effective for any fiscal There are authorized to be appropriated for fairs and Housing and Urban Development, year only to the extent and in such amounts each of fiscal years 1998 and 1999 for costs (as and Independent Agencies Appropriations as are approved in appropriations Acts for such term is defined in section 502 of the Act, 1996 (42 U.S.C. 1437l note) is amended to the costs of loan guarantees (as defined in Congressional Budget Act of 1974) of loan read as follows: section 502 of the Congressional Budget Act guarantees made under this section such ‘‘(2) APPLICABILITY.—Section 14(q) of the of 1974), including the cost of modifying sums as may be necessary for such fiscal United States Housing Act of 1937 shall be ef- loans.’’. year.’’; and

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12621

(3) in subsection (u), by striking ‘‘1996’’ and (b) CROSS-REFERENCE.—Section and Self-Determination Act of 1996 (25 U.S.C. inserting ‘‘1999’’. 4(12)(C)(i)(II) of the Native American Hous- 4138) is amended— Subtitle E—Reauthorization of National ing Assistance and Self-Determination Act (1) in subsection (a), by striking ‘‘para- Flood Insurance Program of 1996 (25 U.S.C. 4103(12)(C)(i)(II)) is amended graph (2)’’ and inserting ‘‘subsection (b)’’; by striking ‘‘section 107’’ and inserting ‘‘sec- and SEC. 151. PROGRAM EXPIRATION. tion 705’’. (2) in subsection (b), by striking ‘‘para- Section 1319 of the National Flood Insur- (c) CLARIFICATION OF CERTAIN EXEMP- graph (1)’’ and inserting ‘‘subsection (a)’’. ance Act of 1968 (42 U.S.C. 4026) is amended TIONS.—Section 101(c) of the Native Amer- (k) IHP REQUIREMENT.—Section 184(b)(2) of by striking ‘‘September 30, 1997’’ and insert- ican Housing Assistance and Self-Determina- the Housing and Community Development ing ‘‘September 30, 1999’’. tion Act of 1996 (25 U.S.C. 4111(c)) is amended Act of 1992 (12 U.S.C. 1715z–13a(b)(2)) is SEC. 152. BORROWING AUTHORITY. by adding at the end the following: ‘‘This amended by striking ‘‘that is under the juris- Section 1309(a)(2) of the National Flood In- subsection applies only to rental dwelling diction of an Indian tribe’’ and all that fol- surance Act of 1968 (42 U.S.C. 4016(a)(2)) is units (other than lease-purchase dwelling lows before the period at the end. amended by striking ‘‘September 30, 1997’’ units) developed under— (l) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘September 30, 1999’’. ‘‘(1) the United States Housing Act of 1937 Section 184(i)(5)(C) of the Housing and Com- SEC. 153. EMERGENCY IMPLEMENTATION OF (42 U.S.C. 1437 et seq.); or munity Development Act of 1992 (12 U.S.C. PROGRAM. ‘‘(2) this Act.’’. 1715z–13a(i)(5)(C)) is amended by striking Section 1336(a) of the National Flood Insur- (d) APPLICABILITY.—Section 101(d)(1) of the ‘‘note’’ and inserting ‘‘not’’. ance Act of 1968 (42 U.S.C. 4056(a)) is amended Native American Housing Assistance and (m) ENVIRONMENTAL REVIEW UNDER THE IN- by striking ‘‘September 30, 1996’’ and insert- Self-Determination Act of 1996 (25 U.S.C. DIAN HOUSING LOAN GUARANTEE PROGRAM.— ing ‘‘September 30, 1999’’. 4111(d)(1)) is amended by inserting before the Section 184 of the Housing and Community SEC. 154. AUTHORIZATION OF APPROPRIATIONS semicolon at the end the following: ‘‘, except Development Act of 1992 (12 U.S.C. 1715z–13a) FOR STUDIES. that this paragraph only applies to rental is amended— Subsection (c) of section 1376 of the Na- dwelling units (other than lease-purchase (1) by redesignating subsection (k) as sub- tional Flood Insurance Act of 1968 (42 U.S.C. dwelling units) developed under the United section (l); and 4127(c)) is amended to read as follows: States Housing Act of 1937 (42 U.S.C. 1437 et (2) by inserting after subsection (j) the fol- ‘‘(c) For studies under this title, there are seq.) or under this Act’’. lowing: authorized to be appropriated such sums as (e) SUBMISSION OF INDIAN HOUSING PLAN.— ‘‘(k) ENVIRONMENTAL REVIEW.—For pur- may be necessary for each of fiscal years 1998 Section 102(a) of the Native American Hous- poses of environmental, review, decision- and 1999, which shall remain available until ing Assistance and Self-Determination Act making, and action under the National Envi- expended.’’. of 1996 (25 U.S.C. 4112(a)) is amended— ronmental Policy Act of 1969 (42 U.S.C. 4321 Subtitle F—Native American Housing (1) in paragraph (1), by inserting ‘‘(A)’’ et seq.) and any other law that furthers the Assistance after ‘‘(1)’’; purposes of that Act, a loan guarantee under SEC. 161. SUBSIDY LAYERING CERTIFICATION. (2) in paragraph (1)(A), as so designated by this section shall— Section 206 of the Native American Hous- paragraph (1) of this subsection, by adding ‘‘(1) be treated as a grant under the Native ing Assistance and Self-Determination Act ‘‘or’’ at the end; American Housing Assistance and Self-De- of 1996 (25 U.S.C. 4136) is amended— (3) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; termination Act of 1996 (25 U.S.C. 4101 et (1) by striking ‘‘certification by the Sec- and seq.); and retary’’ and inserting ‘‘certification by a re- (4) by striking ‘‘(3)’’ and inserting ‘‘(2)’’. ‘‘(2) be subject to the regulations promul- (f) CLARIFICATION.—Section 103(c)(3) of the cipient to the Secretary’’; and gated by the Secretary to carry out section Native American Housing Assistance and (2) by striking ‘‘any housing project’’ and 105 of the Native American Housing Assist- Self-Determination Act of 1996 (25 U.S.C. inserting ‘‘the housing project involved’’. ance and Self-Determination Act of 1996 (25 4113(c)(3)) is amended by inserting ‘‘not’’ be- U.S.C. 4115).’’. SEC. 162. INCLUSION OF HOMEBUYER SELECTION fore ‘‘prohibited’’. POLICIES AND CRITERIA. (n) PUBLIC AVAILABILITY OF INFORMATION.— (g) APPLICABILITY OF PROVISIONS OF CIVIL Section 207(b) of the Native American (1) IN GENERAL.—Title IV of the Native RIGHTS.—Section 201(b)(5) of the Native Housing Assistance and Self-Determination American Housing Assistance and Self-De- American Housing Assistance and Self-De- termination Act of 1996 (25 U.S.C. 4161 et Act of 1996 (25 U.S.C. 4137(b)) is amended— termination Act of 1996 (25 U.S.C. 4131(b)(5)) (1) by striking ‘‘TENANT SELECTION.—’’ and seq.) is amended by adding at the end the fol- is amended— lowing: inserting ‘‘TENANT AND HOMEBUYER (1) by striking ‘‘Indian tribes’’ and insert- SELECTION.—’’; ‘‘SEC. 408. PUBLIC AVAILABILITY OF INFORMA- ing ‘‘federally recognized tribes and the trib- TION. (2) in the matter preceding paragraph (1), ally designated housing entities of those by inserting ‘‘and homebuyer’’ after ‘‘ten- ‘‘Each recipient shall make any housing tribes’’; and plan, policy, or annual report prepared by ant’’; and (2) by striking ‘‘under this subsection’’ and (3) in paragraph (3)(A), by inserting ‘‘and the recipient available to the general pub- inserting ‘‘under this Act’’. lic.’’. homebuyers’’ after ‘‘tenants’’. (h) ELIGIBILITY.—Section 205(a)(1) of the SEC. 163. REPAYMENT OF GRANT AMOUNTS FOR (2) TABLE OF CONTENTS.—Section 1(b) of the Native American Housing Assistance and Native American Housing Assistance and VIOLATION OF AFFORDABLE HOUS- Self-Determination Act of 1996 (25 U.S.C. ING REQUIREMENT. Self-Determination Act of 1996 (25 U.S.C. 4101 4135(a)(1)) is amended— note) is amended in the table of contents by Section 209 of the Native American Hous- (1) in subparagraph (A), by striking ‘‘and’’ ing Assistance and Self-Determination Act inserting after the item relating to section at the end; and 407 the following: of 1996 (25 U.S.C. 4139) is amended by striking (2) by striking subparagraph (B) and insert- ‘‘section 205(2)’’ and inserting ‘‘section ing the following: ‘‘Sec. 408. Public availability of informa- 205(a)(2)’’. ‘‘(B) in the case of a contract to purchase tion.’’. SEC. 164. UNITED STATES HOUSING ACT OF 1937. existing housing, is made available for pur- (o) NON-FEDERAL FUNDS.—Section (a) IN GENERAL.—Section 501(b) of the Na- chase only by a family that is a low-income 520(l)(5)(B) of the Cranston-Gonzalez Na- tive American Housing Assistance and Self- family at the time of purchase; tional Affordable Housing Act (42 U.S.C. Determination Act of 1996 (110 Stat. 4042) is ‘‘(C) in the case of a lease-purchase agree- 11903a(l)(5)(B)) is amended by striking ‘‘and amended— ment for existing housing or for housing to Indian housing authorities’’ and inserting (1) by striking paragraph (4); and be constructed, is made available for lease- ‘‘and units of general local government’’. (2) by redesignating paragraphs (5) through purchase only by a family that is a low-in- (p) INELIGIBILITY OF INDIAN TRIBES.—Sec- (11) as paragraphs (4) through (10), respec- come family at the time the agreement is tion 460 of the Cranston-Gonzalez National tively. entered into; and Affordable Housing Act (42 U.S.C. 12899h–1) is (b) UNITED STATES HOUSING ACT OF 1937.— ‘‘(D) in the case of a contract to purchase amended by striking ‘‘fiscal year 1997’’ and Section 7 of the United States Housing Act housing to be constructed, is made available inserting ‘‘fiscal year 1998’’. of 1937 (42 U.S.C. 1437e) is amended by strik- for purchase only by a family that is a low- (q) INDIAN HOUSING EARLY CHILDHOOD DE- ing subsection (h). income family at the time the contract is en- VELOPMENT PROGRAM.— SEC. 165. MISCELLANEOUS. tered into; and’’. (1) REPEAL.—Section 518 of the Cranston- (a) DEFINITION OF INDIAN AREAS.—Section (i) TENANT SELECTION.—Section 207(b)(3)(B) Gonzalez National Affordable Housing Act 4(10) of the Native American Housing Assist- of the Native American Housing Assistance (12 U.S.C. 1701z–11 note) is repealed. ance and Self-Determination Act of 1996 (25 and Self-Determination Act of 1996 (25 U.S.C. (2) TECHNICAL CORRECTION.— U.S.C. 4103(10)) is amended to read as follows: 4137(b)(3)(B)) is amended by striking ‘‘of any (A) IN GENERAL.—Section 501(d)(1) of the ‘‘(10) INDIAN AREA.—The term ‘Indian area’ rejected applicant of the grounds for any re- Native American Housing Assistance and means the area within which an Indian tribe jection’’ and inserting ‘‘to any rejected ap- Self-Determination Act of 1996 (110 Stat. or a tribally designated housing entity, as plicant of that rejection and the grounds for 4042), and the amendment made by that sec- authorized by 1 or more Indian tribes, pro- that rejection’’. tion, is repealed. vides assistance under this Act for affordable (j) AVAILABILITY OF RECORDS.—Section 208 (B) APPLICABILITY.—Section 519 of Cran- housing.’’. of the Native American Housing Assistance ston-Gonzalez National Affordable Housing

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12622 CONGRESSIONAL RECORD — SENATE November 13, 1997 Act (42 U.S.C. 1437a–1) shall be applied and period preceding the date on which the mort- irrespective of the outstanding balance for administered as if section 501(d)(1) of the Na- gage reaches the cancellation date. that mortgage on that date, is first sched- tive American Housing Assistance and Self- (5) INITIAL AMORTIZATION SCHEDULE.—The uled to reach 78 percent of the original value Determination Act of 1996 (104 Stat. 4042) had term ‘‘initial amortization schedule’’ means of the property securing the loan. not been enacted. a schedule established at the time at which SEC. 203. TERMINATION OF PRIVATE MORTGAGE (3) EFFECTIVE DATE.—This subsection and a residential mortgage transaction is con- INSURANCE. the amendments made by this subsection summated with respect to a fixed rate mort- (a) BORROWER CANCELLATION.—A require- shall be construed to have taken effect on gage, showing— ment for private mortgage insurance in con- October 26, 1996. (A) the amount of principal and interest nection with a residential mortgage trans- (r) TRIBAL ELIGIBILITY UNDER THE DRUG that is due at regular intervals to retire the action shall be canceled on the cancellation ELIMINATION PROGRAM.—The Public and As- principal balance and accrued interest over date, if the mortgagor— sisted Housing Elimination Act of 1990 (42 the amortization period of the loan; and (1) submits a request in writing to the U.S.C. 11901 et seq.) is amended— (B) the unpaid principal balance of the loan servicer that cancellation be initiated; (1) in section 5123, by inserting ‘‘Indian after each scheduled payment is made. (2) has a good payment history with re- tribes,’’ after ‘‘tribally designated housing (6) MORTGAGE INSURANCE.—The term spect to the residential mortgage; and entities,’’; ‘‘mortgage insurance’’ means insurance, in- (3) has satisfied any requirement of the (2) in section 5124(a)(7), by inserting ‘‘, In- cluding any mortgage guaranty insurance, holder of the mortgage (as of the date of a dian tribe,’’ after ‘‘agency’’; against the nonpayment of, or default on, an request under paragraph (1)) for— (3) in section 5125(a), by inserting ‘‘Indian individual mortgage or loan involved in a (A) evidence (of a type established in ad- tribe,’’ after ‘‘entity,’’; and residential mortgage transaction. vance and made known to the mortgagor by (4) in section 5126, by adding at the end the (7) MORTGAGE INSURER.—The term ‘‘mort- the servicer promptly upon receipt of a re- following: gage insurer’’ means a provider of private quest under paragraph (1)) that the value of ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ mortgage insurance, as described in this the property securing the mortgage has not has the meaning given that term in section title, that is authorized to transact such declined below the original value of the prop- 4 of the Native American Housing Assistance business in the State in which the provider is erty; and and Self-Determination Act of 1996 (25 U.S.C. transacting such business. (B) certification that the equity of the 4103).’’. (8) MORTGAGEE.—The term ‘‘mortgagee’’ mortgagor in the residence securing the (s) REFERENCE IN THE PUBLIC AND ASSISTED means the holder of a residential mortgage mortgage is unencumbered by a subordinate HOUSING DRUG ELIMINATION ACT OF 1990.— at the time at which that mortgage trans- lien. Section 5126(4)(D) of the Public and Assisted action is consummated. (b) AUTOMATIC TERMINATION.—A require- Housing Drug Elimination Act of 1990 (42 (9) MORTGAGOR.—The term ‘‘mortgagor’’ ment for private mortgage insurance in con- U.S.C. 11905(4)(D)) is amended by inserting means the original borrower under a residen- nection with a residential mortgage trans- ‘‘of 1996’’ before the period. tial mortgage or his or her successors or as- action shall terminate with respect to pay- TITLE II—HOMEOWNERS PROTECTION signees. ments for that mortgage insurance made by ACT (10) ORIGINAL VALUE.—The term ‘‘original the mortgagor— SEC. 201. SHORT TITLE. value’’, with respect to a residential mort- (1) on the termination date if, on that date, This title may be cited as the ‘‘Home- gage, means the lesser of the sales price of the mortgagor is current on the payments owners Protection Act of 1997’’. the property securing the mortgage, as re- required by the terms of the residential SEC. 202. DEFINITIONS. flected in the contract, or the appraised mortgage transaction; or In this title, the following definitions shall value at the time at which the subject resi- (2) on the date after the termination date apply: dential mortgage transaction was con- on which the mortgagor becomes current on (1) ADJUSTABLE RATE MORTGAGE.—The term summated. the payments required by the terms of the ‘‘adjustable rate mortgage’’ means a residen- (11) PRIVATE MORTGAGE INSURANCE.—The residential mortgage transaction. tial mortgage that has an interest rate that term ‘‘private mortgage insurance’’ means (c) FINAL TERMINATION.—If a requirement is subject to change. mortgage insurance other than mortgage infor private mortgage insurance is not other- (2) CANCELLATION DATE.—The term ‘‘can- surance made available under the National wise canceled or terminated in accordance cellation date’’ means— Housing Act, title 38 of the United States with subsection (a) or (b), in no case may (A) with respect to a fixed rate mortgage, Code, or title V of the Housing Act of 1949. such a requirement be imposed beyond the at the option of the mortgagor, the date on (12) RESIDENTIAL MORTGAGE.—The term first day of the month immediately fol- which the principal balance of the mort- ‘‘residential mortgage’’ means a mortgage, lowing the date that is the midpoint of the gage— loan, or other evidence of a security interest amortization period of the loan if the mort- (i) based solely on the initial amortization created with respect to a single-family gagor is current on the payments required by schedule for that mortgage, and irrespective dwelling that is the primary residence of the the terms of the mortgage. of the outstanding balance for that mortgage mortgagor. (d) NO FURTHER PAYMENTS.—No payments on that date, is first scheduled to reach 80 (13) RESIDENTIAL MORTGAGE TRANSACTION.— or premiums may be required from the mort- percent of the original value of the property The term ‘‘residential mortgage trans- gagor in connection with a private mortgage securing the loan; or action’’ means a transaction consummated insurance requirement terminated or can- (ii) based solely on actual payments, on or after the date that is 1 year after the celed under this section— reaches 80 percent of the original value of date of enactment of this Act, in which a (1) in the case of cancellation under sub- the property securing the loan; and mortgage, deed of trust, purchase money se- section (a), more than 30 days after the later (B) with respect to an adjustable rate curity interest arising under an installment of— mortgage, at the option of the mortgagor, sales contract, or equivalent consensual se- (A) the date on which a request under sub- the date on which the principal balance of curity interest is created or retained against section (a)(1) is received; or the mortgage— a single-family dwelling that is the primary (B) the date on which the mortgagor satis- (i) based solely on amortization schedules residence of the mortgagor to finance the ac- fies any evidence and certification require- for that mortgage, and irrespective of the quisition, initial construction, or refi- ments under subsection (a)(3); outstanding balance for that mortgage on nancing of that dwelling. (2) in the case of termination under sub- that date, is first scheduled to reach 80 per- (14) SERVICER.—The term ‘‘servicer’’ has section (b), more than 30 days after the ter- cent of the original value of the property se- the same meaning as in section 6(i)(2) of the mination date or the date referred to in sub- curing the loan; or Real Estate Settlement Procedures Act of section (b)(2), as applicable; and (ii) based solely on actual payments, first 1974, with respect to a residential mortgage. (3) in the case of termination under sub- reaches 80 percent of the original value of (15) SINGLE-FAMILY DWELLING.—The term section (c), more than 30 days after the final the property securing the loan. ‘‘single-family dwelling’’ means a residence termination date established under that sub- (3) FIXED RATE MORTGAGE.—The term consisting of 1 family dwelling unit. section. ‘‘fixed rate mortgage’’ means a residential (16) TERMINATION DATE.—The term ‘‘termi- (e) RETURN OF UNEARNED PREMIUMS.— mortgage that has an interest rate that is nation date’’ means— (1) IN GENERAL.—Not later than 45 days not subject to change. (A) with respect to a fixed rate mortgage, after the termination or cancellation of a (4) GOOD PAYMENT HISTORY.—The term the date on which the principal balance of private mortgage insurance requirement ‘‘good payment history’’ means, with respect the mortgage, based solely on the initial am- under this section, all unearned premiums to a mortgagor, that the mortgagor has ortization schedule for that mortgage, and for private mortgage insurance shall be re- not— irrespective of the outstanding balance for turned to the mortgagor by the servicer. (A) made a mortgage payment that was 60 that mortgage on that date, is first sched- (2) TRANSFER OF FUNDS TO SERVICER.—Not days or longer past due during the 12-month uled to reach 78 percent of the original value later than 30 days after notification by the period beginning 24 months before the date of the property securing the loan; and servicer of termination or cancellation of on which the mortgage reaches the cancella- (B) with respect to an adjustable rate private mortgage insurance under this title tion date; or mortgage, the date on which the principal with respect to a mortgagor, a mortgage in- (B) made a mortgage payment that was 30 balance of the mortgage, based solely on am- surer that is in possession of any unearned days or longer past due during the 12-month ortization schedules for that mortgage, and premiums of that mortgagor shall transfer

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12623 to the servicer of the subject mortgage an on the termination date in accordance with gated by the Internal Revenue Service for amount equal to the amount of the unearned section 203(b) of this Act, and what that ter- that purpose. premiums for repayment in accordance with mination date is with respect to that mort- (d) STANDARDIZED FORMS.—The mortgagee paragraph (1). gage; and or servicer may use standardized forms for (f) EXCEPTIONS FOR HIGH RISK LOANS.— (IV) that there are exemptions to the right the provision of disclosures required under (1) IN GENERAL.—The termination and can- to cancellation and automatic termination this section. cellation provisions in subsections (a) and (b) of a requirement for private mortgage insur- SEC. 205. NOTIFICATION UPON CANCELLATION do not apply to any residential mortgage or ance in accordance with section 203(f) of this OR TERMINATION. mortgage transaction that, at the time at Act, and whether such an exemption applies (a) IN GENERAL.—Not later than 30 days which the residential mortgage transaction at that time to that transaction; and after the date of cancellation or termination is consummated, has high risks associated (B) if the transaction relates to an adjust- of a private mortgage insurance requirement with the extension of the loan— able rate mortgage, a written notice that— in accordance with this title, the servicer (A) as determined in accordance with (i) the mortgagor may cancel the require- shall notify the mortgagor in writing— guidelines established by the Federal Na- ment in accordance with section 203(a) of (1) that the private mortgage insurance tional Mortgage Association or the Federal this Act on the cancellation date, and that has terminated and that the mortgagor no Home Loan Mortgage Corporation, in the the servicer will notify the mortgagor when longer has private mortgage insurance; and case of a mortgage loan with an original the cancellation date is reached; (2) that no further premiums, payments, or principal balance that does not exceed the (ii) the requirement for private mortgage other fees shall be due or payable by the applicable annual conforming loan limit for insurance will automatically terminate on mortgagor in connection with the private the secondary market established pursuant the termination date, and that on the termi- mortgage insurance. to section 305(a)(2) of the Federal Home Loan nation date, the mortgagor will be notified (b) NOTICE OF GROUNDS.— Mortgage Corporation Act, so as to require of the termination or that the requirement (1) IN GENERAL.—If a servicer determines the imposition or continuation of a private will be terminated as soon as the mortgagor that a mortgage did not meet the require- mortgage insurance requirement beyond the is current on loan payments; and ments for termination or cancellation of pri- terms specified in subsection (a) or (b) of this (iii) there are exemptions to the right of vate mortgage insurance under subsection section; or cancellation and automatic termination of a (a) or (b) of section 203, the servicer shall (B) as determined by the mortgagee in the requirement for private mortgage insurance provide written notice to the mortgagor of case of any other mortgage, except that ter- in accordance with section 203(f) of this Act, the grounds relied on to make the determination shall occur— and whether such an exemption applies at mination (including the results of any ap- (i) with respect to a fixed rate mortgage, that time to that transaction. praisal used to make the determination). on the date on which the principal balance of (2) DISCLOSURES FOR EXCEPTED TRANS- (2) TIMING.—Notice required by paragraph the mortgage, based solely on the initial am- ACTIONS.—In the case of a mortgage or mort- (1) shall be provided— ortization schedule for that mortgage, and gage transaction described in section (A) with respect to cancellation of private irrespective of the outstanding balance for 203(f)(1), at the time at which the trans- mortgage insurance under section 203(a), not that mortgage on that date, is first sched- action is consummated, the mortgagee shall later than 30 days after the later of— uled to reach 77 percent of the original value provide written notice to the mortgagor that (i) the date on which a request is received of the property securing the loan; and in no case may private mortgage insurance under section 203(a)(1); or (ii) with respect to an adjustable rate be required beyond the date that is the mid- (ii) the date on which the mortgagor satis- mortgage, on the date on which the principal point of the amortization period of the loan, fies any evidence and certification require- balance of the mortgage, based solely on am- if the mortgagor is current on payments re- ments under section 203(a)(3); and ortization schedules for that mortgage, and quired by the terms of the residential mort- (B) with respect to termination of private irrespective of the outstanding balance for gage. mortgage insurance under section 203(b), not that mortgage on that date, is first sched- (3) ANNUAL DISCLOSURES.—If private mort- later than 30 days after the scheduled termi- uled to reach 77 percent of the original value gage insurance is required in connection nation date. of the property securing the loan. with a residential mortgage transaction, the SEC. 206. DISCLOSURE REQUIREMENTS FOR LENDER PAID MORTGAGE INSUR- (2) TERMINATION AT MIDPOINT.—A private servicer shall disclose to the mortgagor in ANCE. mortgage insurance requirement in connec- each such transaction in an annual written (a) DEFINITIONS.—For purposes of this section with a residential mortgage or mort- statement— tion— gage transaction described in paragraph (1) (A) the rights of the mortgagor under this (1) the term ‘‘borrower paid mortgage in- shall terminate in accordance with subtitle to cancellation or termination of the surance’’ means private mortgage insurance section (c). private mortgage insurance requirement; that is required in connection with a residen- (3) RULE OF CONSTRUCTION.—Nothing in this and tial mortgage transaction, payments for subsection may be construed to require a (B) an address and telephone number that which are made by the borrower; mortgage or mortgage transaction described the mortgagor may use to contact the (2) the term ‘‘lender paid mortgage insur- in paragraph (1)(A) to be purchased by the servicer to determine whether the mortgagor ance’’ means private mortgage insurance Federal National Mortgage Association or may cancel the private mortgage insurance. that is required in connection with a residen- the Federal Home Loan Mortgage Corpora- (4) APPLICABILITY.—Paragraphs (1) through tial mortgage transaction, payments for tion. (3) shall apply with respect to each residen- which are made by a person other than the tial mortgage transaction consummated on SEC. 204. DISCLOSURE REQUIREMENTS. borrower; and or after the date that is 1 year after the date (a) DISCLOSURES FOR NEW MORTGAGES AT (3) the term ‘‘loan commitment’’ means a of enactment of this Act. TIME OF TRANSACTION.— prospective mortgagee’s written confirma- (1) DISCLOSURES FOR NON-EXEMPTED TRANS- (b) DISCLOSURES FOR EXISTING MORT- tion of its approval, including any applicable ACTIONS.—In any case in which private mort- GAGES.—If private mortgage insurance was closing conditions, of the application of a gage insurance is required in connection required in connection with a residential prospective mortgagor for a residential with a residential mortgage or mortgage mortgage entered into at any time before the mortgage loan. transaction (other than a mortgage or mort- effective date of this title, the servicer shall (b) EXCLUSION.—Sections 203 through 205 do gage transaction described in section disclose to the mortgagor in each such trans- not apply in the case of lender paid mortgage 203(f)(1)), at the time at which the transaction in an annual written statement— insurance. action is consummated, the mortgagee shall (1) that the private mortgage insurance (c) NOTICES TO MORTGAGOR.—In the case of provide to the mortgagor— may, under certain circumstances, be can- lender paid mortgage insurance that is re- (A) if the transaction relates to a fixed celed by the mortgagor (with the consent of quired in connection with a residential mort- rate mortgage— the mortgagee or in accordance with applica- gage or a residential mortgage transaction— (i) a written initial amortization schedule; ble State law); and (1) not later than the date on which a loan and (2) an address and telephone number that commitment is made for the residential (ii) written notice— the mortgagor may use to contact the mortgage transaction, the prospective mort- (I) that the mortgagor may cancel the re- servicer to determine whether the mortgagor gagee shall provide to the prospective mort- quirement in accordance with section 203(a) may cancel the private mortgage insurance. gagor a written notice— of this Act indicating the date on which the (c) INCLUSION IN OTHER ANNUAL NOTICES.— (A) that lender paid mortgage insurance mortgagor may request cancellation, based The information and disclosures required differs from borrower paid mortgage insur- solely on the initial amortization schedule; under subsection (b) and paragraphs (1)(B) ance, in that lender paid mortgage insurance (II) that the mortgagor may request can- and (3) of subsection (a) may be provided on may not be canceled by the mortgagor, while cellation in accordance with section 203(a) of the annual disclosure relating to the escrow borrower paid mortgage insurance could be this Act earlier than provided for in the ini- account made as required under the Real Es- cancelable by the mortgagor in accordance tial amortization schedule, based on actual tate Settlement Procedures Act of 1974, or as with section 203(a) of this Act, and could payments; part of the annual disclosure of interest pay- automatically terminate on the termination (III) that the requirement for private mort- ments made pursuant to Internal Revenue date in accordance with section 203(b) of this gage insurance will automatically terminate Service regulations, and on a form promul- Act;

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12624 CONGRESSIONAL RECORD — SENATE November 13, 1997 (B) that lender paid mortgage insurance— servicer to comply with the requirements of subsection (a) of such agency’s powers under (i) usually results in a residential mort- this title due to the failure of a mortgage in- any Act referred to in such subsection, a vio- gage having a higher interest rate than it surer or a mortgagee to comply with the relation of a requirement imposed under this would in the case of borrower paid mortgage quirements of this title, shall not be con- title shall be deemed to be a violation of a insurance; and strued to be a violation of this title by the requirement imposed under that Act. (ii) terminates only when the residential servicer. (2) ENFORCEMENT AUTHORITY UNDER OTHER mortgage is refinanced, paid off, or other- (2) RULE OF CONSTRUCTION.—Nothing in ACTS.—In addition to the powers of any agen- wise terminated; paragraph (1) shall be construed to impose cy referred to in subsection (a) under any (C) that lender paid mortgage insurance any additional requirement or liability on a provision of law specifically referred to in and borrower paid mortgage insurance both mortgage insurer, a mortgagee, or a holder such subsection, each such agency may exer- have benefits and disadvantages, including a of a residential mortgage. cise, for purposes of enforcing compliance generic analysis of the differing costs and SEC. 209. EFFECT ON OTHER LAWS AND AGREE- with any requirement imposed under this benefits of a residential mortgage in the case MENTS. title, any other authority conferred on such lender paid mortgage insurance versus bor- (a) EFFECT ON STATE LAW.— agency by law. rower paid mortgage insurance over a 10- (1) IN GENERAL.—With respect to any resi- (c) ENFORCEMENT AND REIMBURSEMENT.—In year period, assuming prevailing interest dential mortgage or residential mortgage carrying out its enforcement activities under and property appreciation rates; and transaction consummated after the effective this section, each agency referred to in sub- (D) that lender paid mortgage insurance date of this title, and except as provided in section (a) shall— may be tax-deductible for purposes of Fed- paragraph (2), the provisions of this title (1) notify the mortgagee or servicer of any eral income taxes, if the mortgagor itemizes shall supersede any provisions of the law of failure of the mortgagee or servicer to com- expenses for that purpose; and any State relating to requirements for ob- ply with 1 or more provisions of this title; (2) not later than 30 days after the termi- taining or maintaining private mortgage in- (2) with respect to each such failure to nation date that would apply in the case of surance in connection with residential mort- comply, require the mortgagee or servicer, borrower paid mortgage insurance, the gage transactions, cancellation or automatic as applicable, to correct the account of the servicer shall provide to the mortgagor a termination of such private mortgage insur- mortgagor to reflect the date on which the written notice indicating that the mortgagor ance, any disclosure of information ad- mortgage insurance should have been can- may wish to review financing options that dressed by this title, and any other matter celed or terminated under this title; and could eliminate the requirement for private specifically addressed by this title. (3) require the mortgagee or servicer, as mortgage insurance in connection with the (2) CONTINUED APPLICATION OF CERTAIN PRO- applicable, to reimburse the mortgagor in an residential mortgage. VISIONS.—This title does not supersede any amount equal to the total unearned pre- (d) STANDARD FORMS.—The servicer of a provision of the law of a State in effect on or miums paid by the mortgagor after the date residential mortgage may develop and use a before September 1, 1989, pertaining to the on which the obligation to pay those pre- standardized form or forms for the provision termination of private mortgage insurance miums ceased under this title. of notices to the mortgagor, as required or other mortgage guaranty insurance, to SEC. 211. CONSTRUCTION. under subsection (c). the extent that such law requires termi- Nothing in this title shall be construed to SEC. 207. FEES FOR DISCLOSURES. nation of such insurance at an earlier date or impose any requirement for private mort- No fee or other cost may be imposed on when a lower mortgage loan principal bal- gage insurance in connection with a residen- any mortgagor with respect to the provision ance is achieved than as provided in this tial mortgage transaction. of any notice or information to the mort- title. SEC. 212. EFFECTIVE DATE. gagor pursuant to this title. (b) EFFECT ON OTHER AGREEMENTS.—The This title shall become effective 1 year SEC. 208. CIVIL LIABILITY. provisions of this title shall supersede any after the date of enactment of this Act. (a) IN GENERAL.—Any servicer, mortgagee, conflicting provision contained in any agree- or mortgage insurer that violates a provision TITLE III—ABOLISHMENT OF THE THRIFT ment relating to the servicing of a residen- of this title shall be liable to each mortgagor DEPOSITOR PROTECTION OVERSIGHT tial mortgage loan entered into by the Fed- to whom the violation relates for— BOARD eral National Mortgage Association, the Fed- (1) in the case of an action by an indi- SEC. 301. ABOLISHMENT. eral Home Loan Mortgage Corporation, or vidual, or a class action in which the liable (a) IN GENERAL.—Effective at the end of any private investor or note holder (or any party is not subject to section 210, any ac- the 3-month period beginning on the date of successors thereto). tual damages sustained by the mortgagor as enactment of this Act, the Thrift Depositor a result of the violation, including interest SEC. 210. ENFORCEMENT. Protection Oversight Board established (at a rate determined by the court) on the (a) IN GENERAL.—Compliance with the re- under section 21A of the Federal Home Loan amount of actual damages, accruing from quirements imposed under this title shall be Bank Act (hereafter in this section referred the date on which the violation commences; enforced under— to as the ‘‘Oversight Board’’) is hereby abol- (2) in the case of— (1) section 8 of the Federal Deposit Insur- ished. (A) an action by an individual, such statu- ance Act— (b) DISPOSITION OF AFFAIRS.— tory damages as the court may allow, not to (A) by the appropriate Federal banking (1) POWER OF CHAIRPERSON.—Effective on exceed $2,000; and agency (as defined in section 3(q) of the Fed- the date of enactment of this Act, the Chair- (B) in the case of a class action— eral Deposit Insurance Act) in the case of in- person of the Oversight Board (or the des- (i) in which the liable party is subject to sured depository institutions (as defined in ignee of the Chairperson) may exercise on section 210, such amount as the court may section 3(c)(2) of that Act); behalf of the Oversight Board any power of allow, except that the total recovery under (B) by the Federal Deposit Insurance Cor- the Oversight Board necessary to settle and this subparagraph in any class action or se- poration in the case of depository institu- conclude the affairs of the Oversight Board. ries of class actions arising out of the same tions described in clause (i), (ii), or (iii) of (2) AVAILABILITY OF FUNDS.—Funds avail- violation by the same liable party shall not section 19(b)(1)(A) of the Federal Reserve Act able to the Oversight Board shall be avail- exceed the lesser of $500,000 or 1 percent of that are not insured depository institutions able to the Chairperson of the Oversight the net worth of the liable party, as deter- (as defined in section 3(c)(2) of the Federal Board to pay expenses incurred in carrying mined by the court; and Deposit Insurance Act); and out paragraph (1). (ii) in which the liable party is not subject (C) by the Director of the Office of Thrift (c) SAVINGS PROVISION.— to section 210, such amount as the court may Supervision in the case of depository institu- (1) EXISTING RIGHTS, DUTIES, AND OBLIGA- allow, not to exceed $1000 as to each member tions described in clause (v) and or (vi) of TIONS NOT AFFECTED.—No provision of this of the class, except that the total recovery section 19(b)(1)(A) of the Federal Reserve Act section shall be construed as affecting the under this subparagraph in any class action that are not insured depository institutions validity of any right, duty, or obligation of or series of class actions arising out of the (as defined in section 3(c)(2) of the Federal the United States, the Oversight Board, the same violation by the same liable party shall Deposit Insurance Act); Resolution Trust Corporation, or any other not exceed the lesser of $500,000 or 1 percent (2) the Federal Credit Union Act, by the person that— of the gross revenues of the liable party, as National Credit Union Administration Board (A) arises under or pursuant to the Federal determined by the court; in the case of depository institutions de- Home Loan Bank Act, or any other provision (3) costs of the action; and scribed in clause (iv) of section 19(b)(1)(A) of of law applicable with respect to the Over- (4) reasonable attorney fees, as determined the Federal Reserve Act; and sight Board; and by the court. (3) part C of title V of the Farm Credit Act (B) existed on the day before the abolish- (b) TIMING OF ACTIONS.—No action may be of 1971 (12 U.S.C. 2261 et seq.), by the Farm ment of the Oversight Board in accordance brought by a mortgagor under subsection (a) Credit Administration in the case of an insti- with subsection (a). later than 2 years after the date of the dis- tution that is a member of the Farm Credit (2) CONTINUATION OF SUITS.—No action or covery of the violation that is the subject of System. other proceeding commenced by or against the action. (b) ADDITIONAL ENFORCEMENT POWERS.— the Oversight Board with respect to any (c) LIMITATIONS ON LIABILITY.— (1) VIOLATION OF THIS TITLE TREATED AS function of the Oversight Board shall abate (1) IN GENERAL.—With respect to a residen- VIOLATION OF OTHER ACTS.—For purposes of by reason of the enactment of this section. tial mortgage transaction, the failure of a the exercise by any agency referred to in (3) LIABILITIES.—

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(A) IN GENERAL.—All liabilities arising out Amend the title so as to read: ‘‘An Act to Strike out all after the enacting clause and of the operation of the Oversight Board dur- amend the National Housing Act to prevent insert the following: ing the period beginning on August 9, 1989, the funding of unnecessary or excessive costs and the date that is 3 months after the date for obtaining a home equity conversion SECTION 1. SHORT TITLE. of enactment of this Act shall remain the di- mortgage, to require automatic cancellation This Act may be cited as the ‘‘Oceans Act rect liabilities of the United States. and notice of cancellation rights with re- of 1997’’. (B) NO SUBSTITUTION.—The Secretary of the spect to private mortgage insurance required Treasury shall not be substituted for the as a condition for entering into a residential SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE Oversight Board as a party to any action or mortgage transaction, to abolish the Thrift AND OBJECTIVES. proceeding referred to in subparagraph (A). Depositor Protection Oversight Board, and (a) FINDINGS.—The Congress makes the fol- (4) CONTINUATIONS OF ORDERS, RESOLUTIONS, for other purposes.’’. lowing findings: DETERMINATIONS, AND REGULATIONS PER- f (1) Covering more than two-thirds of the TAINING TO THE RESOLUTION FUNDING COR- Earth’s surface, the oceans and Great Lakes PORATION.— THE FAA RESEARCH, ENGINEER- play a critical role in the global water cycle (A) IN GENERAL.—All orders, resolutions, ING, AND DEVELOPMENT AU- and in regulating climate, sustain a large determinations, and regulations regarding THORIZATION ACT OF 1997 part of Earth’s biodiversity, provide an im- the Resolution Funding Corporation shall portant source of food and a wealth of other continue in effect according to the terms of natural products, act as a frontier to sci- such orders, resolutions, determinations, and MCCAIN (AND HOLLINGS) entific exploration, are critical to national regulations until modified, terminated, set AMENDMENT NO. 1638 security, and provide a vital means of trans- aside, or superseded in accordance with ap- portation. The coasts, transition between plicable law if such orders, resolutions, de- Mr. LOTT (for Mr. MCCAIN, for him- land and open ocean, are regions of remark- terminations, or regulations— self and Mr. HOLLINGS) proposed an ably high biological productivity, contribute (i) have been issued, made, and prescribed, amendment to the bill (H.R. 1271) to more than 30 percent of the Gross Domestic or allowed to become effective by the Over- authorize the Federal Aviation Admin- Product, and are of considerable importance sight Board, or by a court of competent ju- istration’s research, engineering, and for recreation, waste disposal, and mineral risdiction, in the performance of functions development programs for fiscal years exploration. transferred by this section; and (2) Ocean and coastal resources are suscep- (ii) are in effect at the end of the 3-month 1998 through 2000, and for other purposes; as follows: tible to change as a direct and indirect result period beginning on the date of enactment of of human activities, and such changes can this section. On page 12, line 10, strike ‘‘$229,673,000,’’ significantly impact the ability of the (B) ENFORCEABILITY OF ORDERS, RESOLU- and insert ‘‘$226,800,000,’’. oceans and Great Lakes to provide the bene- TIONS, DETERMINATIONS, AND REGULATIONS BE- On page 12, line 25, strike ‘‘$56,045,000’’ and fits upon which the Nation depends. Changes FORE TRANSFER.—Before the effective date of insert ‘‘$53,759,000’’. in ocean and coastal processes could affect the transfer of the authority and duties of On page 13, line 1, strike ‘‘$27,137,000’’ and global climate patterns, marine productivity the Resolution Funding Corporation to the insert ‘‘$26,550,000’’. and biodiversity, environmental quality, na- Secretary of the Treasury under subsection On page 13, line 6, strike ‘‘activities.’.’’ and tional security, economic competitiveness, (d), all orders, resolutions, determinations, insert ‘‘activities; and’’. availability of energy, vulnerability to nat- and regulations pertaining to the Resolution On page 13, between lines 6 and 7, insert ural hazards, and transportation safety and Funding Corporation shall be enforceable by the following: efficiency. and against the United States. ‘‘(5) for fiscal year 1999, $229,673,000.’’. (3) Ocean and coastal resources are not in- (C) ENFORCEABILITY OF ORDERS, RESOLU- On page 13, line 17, strike ‘‘leges’’ and in- finite, and human pressure on them is in- TIONS, DETERMINATIONS, AND REGULATIONS sert ‘‘leges, including Historically Black Col- creasing. One half of the Nation’s population AFTER TRANSFER.—On and after the effective leges and Universities and Hispanic Serving lives within 50 miles of the coast, ocean and date of the transfer of the authority and du- Institutions,’’. coastal resources once considered inexhaust- ties of the Resolution Funding Corporation On page 15, strike lines 11 through 17. ible are now threatened with depletion, and On page 15, line 18, strike ‘‘ to the Secretary of the Treasury under sub- SEC. 5. NOTICE if population trends continue as expected, ’’ and insert ‘‘ section (d), all orders, resolutions, deter- OF REPROGRAMMING. SEC. 4. pressure on and conflicting demands for ’’. minations, and regulations pertaining to the NOTICES. ocean and coastal resources will increase On page 15, line 19, insert ‘‘(a) REPROGRAM- Resolution Funding Corporation shall be en- further as will vulnerability to coastal haz- MING.—’’ before ‘‘If’’. forceable by and against the Secretary of the ards. On page 16, between lines 2 and 3, insert Treasury. (4) Marine transportation is key to United the following: (d) TRANSFER OF THRIFT DEPOSITOR PRO- States participation in the global economy TECTION OVERSIGHT BOARD AUTHORITY AND (b) NOTICE OF REORGANIZATION.—The Ad- and to the wide range of activities carried DUTIES OF RESOLUTION FUNDING CORPORATION ministrator of the Federal Aviation Admin- out in ocean and coastal regions. Inland wa- TO SECRETARY OF THE TREASURY.—Effective istration shall provide notice to the Commit- terway and ports are the link between ma- at the end of the 3-month period beginning tees on Science, Transportation and Infra- rine activities in ocean and coastal regions on the date of enactment of this Act, the au- structure, and Appropriations of the House and the supporting transportation infra- thority and duties of the Oversight Board of Representatives, and the Committees on structure ashore. International trade is ex- under sections 21A(a)(6)(I) and 21B of the Commerce, Science, and Transportation and pected to triple by 2020. The increase has the Federal Home Loan Bank Act are transferred Appropriations of the Senate, not later than potential to outgrow— to the Secretary of the Treasury (or the des- 30 days before any major reorganization (as (A) the capabilities of the marine transpor- ignee of the Secretary). determined by the Administrator) of any tation system to ensure safety; and (e) MEMBERSHIP OF THE AFFORDABLE HOUS- program of the Federal Aviation Administra- (B) the existing capacity of ports and wa- ING ADVISORY BOARD.—Effective on the date tion for which funds are authorized by this terways. of enactment of this Act, section 14(b)(2) of Act. (5) Marine technologies hold tremendous the Resolution Trust Corporation Comple- On page 16, line 3, strike ‘‘ ’’ and in- SEC. 6. promise for expanding the range and increas- tion Act (12 U.S.C. 1831q note) is amended— sert ‘‘ ’’. SEC. 5. ing the utility of products from the oceans (1) by striking subparagraph (C); and Amend the title so as to read ‘‘A Bill to au- and Great Lakes, improving the stewardship (2) by redesignating subparagraphs (D) and thorize the Federal Aviation Administra- of ocean and coastal resources, and contrib- (E) as subparagraphs (C) and (D), respec- tion’s research, engineering, and develop- uting to business and manufacturing innova- tively. ment programs for fiscal years 1998 and 1999, (f) TIME OF MEETINGS OF THE AFFORDABLE tions and the creation of new jobs. and for other purposes.’’. HOUSING ADVISORY BOARD.— (6) Research has uncovered the link be- (1) IN GENERAL.—Section 14(b)(6)(A) of the f tween oceanic and atmospheric processes and Resolution Trust Corporation Completion improved understanding of world climate Act (12 U.S.C. 1831q note) is amended— THE OCEANS ACT OF 1997 patterns and forecasts. Important new ad- (A) by striking ‘‘4 times a year, or more vances, including availability of military frequently if requested by the Thrift Deposi- technology, have made feasible the explo- tor Protection Oversight Board or’’ and in- SNOWE (AND HOLLINGS) ration of large areas of the ocean which were serting ‘‘2 times a year or at the request of’’; AMENDMENT NO. 1639 inaccessible several years ago. In desig- and Mr. NICKLES (for Ms. SNOWE, for nating 1998 as ‘‘The Year of the Ocean’’, the (B) by striking the second sentence. United Nations highlights the value of in- herself and Mr. HOLLINGS) proposed an (2) CLERICAL AMENDMENT.—Section creasing our knowledge of the oceans. 14(b)(6)(A) of the Resolution Trust Corpora- amendment to the bill (S. 1213) to es- (7) It has been 30 years since the Commis- tion Completion Act (12 U.S.C. 1831q note) is tablish a National Ocean Council, a sion on Marine Science, Engineering, and Re- amended, in the subparagraph heading, by Commission on Ocean Policy, and for sources (known as the Stratton Commission) striking ‘‘AND LOCATION’’. other purposes; as follows: conducted a comprehensive examination of

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12626 CONGRESSIONAL RECORD — SENATE November 13, 1997 ocean and coastal activities that led to en- (1) The term ‘‘Commission’’ means the SEC. 5. NATIONAL OCEAN COUNCIL. actment of major legislation and the estab- Commission on Ocean Policy. (a) ESTABLISHMENT.—The President shall lishment of key oceanic and atmospheric in- (2) The term ‘‘Council’’ means the National establish a National Ocean Council and ap- stitutions. Ocean Council. point a Chairman from among its members. (8) A review of existing activities is essen- (3) The term ‘‘marine environment’’ in- The Council shall consist of— tial to respond to the changes that have oc- cludes— (1) the Secretary of Commerce; curred over the past three decades and to de- (A) the oceans, including coastal and off- (2) the Secretary of Defense; velop an effective new policy for the twenty- shore waters and the adjacent shore lands; (3) the Secretary of State; first century to conserve and use, in a sus- (B) the continental shelf; (4) the Secretary of Transportation; tainable manner, ocean and coastal re- (C) the Great Lakes; and (5) the Secretary of the Interior; sources, protect the marine environment, ex- (D) the ocean and coastal resources there- (6) the Attorney General; plore ocean frontiers, protect human safety, of. (7) the Administrator of the Environ- and create marine technologies and eco- (4) The term ‘‘ocean and coastal activities’’ mental Protection Agency; nomic opportunities. includes activities related to oceanography, (8) the Director of the National Science (9) Changes in United States laws and poli- fisheries and other ocean and coastal re- Foundation; cies since the Stratton Commission, such as source stewardship and use, marine aqua- (9) the Director of the Office of Science and the enactment of the Coastal Zone Manage- culture, energy and mineral resource extrac- Technology Policy; ment Act, have increased the role of the tion, marine transportation, recreation and (10) the Chairman of the Council on Envi- States in the management of ocean and tourism, waste management, pollution miti- ronmental Quality; coastal resources. gation and prevention, and natural hazard (11) the Chairman of the National Eco- (10) While significant Federal and State reduction. nomic Council; ocean and coastal programs are underway, (5) The term ‘‘ocean and coastal resource’’ (12) the Director of the Office of Manage- those Federal programs would benefit from a means, with respect to the oceans, coasts, ment and Budget; and coherent national ocean and coastal policy and Great Lakes, any living or non-living (13) such other Federal officers and offi- that reflects the need for cost-effective allo- natural resource (including all forms of ani- cials as the President considers appropriate. cation of fiscal resources, improved inter- mal and plant life found in the marine envi- (b) ADMINISTRATION.— agency coordination, and strengthened part- ronment, habitat, biodiversity, water qual- (1) The President or the Chairman of the nerships with State, private, and inter- ity, minerals, oil, and gas) and any signifi- Council may from time to time designate national entities engaged in ocean and coast- cant historic, cultural or aesthetic resource. one of the members of the Council to preside al activities. (6) The term ‘‘oceanography’’ means sci- over meetings of the Council during the ab- (b) PURPOSE AND OBJECTIVES.—The purpose entific exploration, including marine sci- sence or unavailability of such Chairman. of this Act is to develop and maintain, con- entific research, engineering, mapping, sur- (2) Each member of the Council may des- sistent with the obligations of the United veying, monitoring, assessment, and infor- ignate an officer of his or her agency or de- States under international law, a coordi- mation management, of the oceans, coasts, partment appointed with the advice and con- nated, comprehensive, and long-range na- and Great Lakes— tional policy with respect to ocean and sent of the Senate to serve on the Council as (A) to describe and advance understanding an alternate in the event of the unavoidable coastal activities that will assist the Nation of— absence of such member. in meeting the following objectives: (i) the role of the oceans, coasts and Great (3) An executive secretary shall be ap- (1) The protection of life and property Lakes in weather and climate, natural haz- pointed by the Chairman of the Council, with against natural and manmade hazards. ards, and the processes that regulate the ma- the approval of the Council. The executive (2) Responsible stewardship, including use, rine environment; and secretary shall be a permanent employee of of fishery resources and other ocean and (ii) the manner in which such role, proc- one of the agencies or departments rep- coastal resources. esses, and environment are affected by resented on the Council and shall remain in (3) The protection of the marine environ- human actions; the employ of such agency or department. ment and prevention of marine pollution. (B) for the conservation, management and (4) For the purpose of carrying out the (4) The enhancement of marine-related sustainable use of living and nonliving re- functions of the Council, each Federal agen- commerce and transportation, the resolution sources; and cy or department represented on the Council of conflicts among users of the marine envi- (C) to develop and implement new tech- shall furnish necessary assistance to the ronment, and the engagement of the private nologies related to sustainable use of the Council. Such assistance may include— sector in innovative approaches for sustain- marine environment. (A) detailing employees to the Council to able use of marine resources. SEC. 4. NATIONAL OCEAN AND COASTAL POLICY. (5) The expansion of human knowledge of perform such functions, consistent with the (a) EXECUTIVE RESPONSIBILITIES.—The purposes of this section, as the Chairman of the marine environment including the role of President, with the assistance of the Council the Council may assign to them; and the oceans in climate and global environ- and the advice of the Commission, shall— (B) undertaking, upon request of the Chair- mental change and the advancement of edu- (1) develop and maintain a coordinated, man of the Council, such special studies for cation and training in fields related to ocean comprehensive, and long-range national pol- the Council as are necessary to carry out its and coastal activities. icy with respect to ocean and coastal activi- functions. (6) The continued investment in and devel- ties consistent with obligations of the (5) The Chairman of the Council shall have opment and improvement of the capabilities, United States under international law; and the authority to make personnel decisions performance, use, and efficiency of tech- (2) with regard to Federal agencies and de- regarding any employees detailed to the nologies for use in ocean and coastal activi- partments— Council. ties. (A) review significant ocean and coastal (c) FUNCTIONS.—The Council shall— (7) Close cooperation among all govern- activities, including plans, priorities, accom- (1) assist the Commission in completing its ment agencies and departments to ensure— plishments, and infrastructure requirements; report under section 6; (A) coherent regulation of ocean and coast- (B) plan and implement an integrated and (2) serve as the forum for developing an im- al activities; cost-effective program of ocean and coastal plementation plan for a national ocean and (B) availability and appropriate allocation activities including, but not limited to, coastal policy and program, taking into con- of Federal funding, personnel, facilities, and oceanography, stewardship of ocean and sideration the Commission report; equipment for such activities; and coastal resources, protection of the marine (3) improve coordination and cooperation, (C) cost-effective and efficient operation of environment, maritime transportation safe- and eliminate duplication, among Federal Federal departments, agencies, and pro- ty and efficiency, marine recreation and agencies and departments with respect to grams involved in ocean and coastal activi- tourism, and marine aspects of weather, cli- ocean and coastal activities; and ties. mate, and natural hazards; (4) assist the President in the preparation (8) The enhancement of partnerships with (C) designate responsibility for funding and of the first report required by section 7(a). State and local governments with respect to conducting ocean and coastal activities; and (d) SUNSET.—The Council shall cease to oceans and coastal activities, including the (D) ensure cooperation and resolve dif- exist one year after the Commission has sub- management of ocean and coastal resources ferences arising from laws and regulations mitted its final report under section 6(h). and identification of appropriate opportuni- applicable to ocean and coastal activities (e) SAVINGS PROVISION.— ties for policy-making and decision-making which result in conflicts among participants (1) Council activities are not intended to at the State and local level. in such activities. supersede or interfere with other Executive (9) The preservation of the role of the (b) COOPERATION AND CONSULTATION.—In United States as a leader in ocean and coast- carrying out responsibilities under this Act, Branch mechanisms and responsibilities. al activities, and, when it is in the national the President may use such staff, inter- (2) Nothing in this Act has any effect on interest, the cooperation by the United agency, and advisory arrangements as the the authority or responsibility of any Fed- States with other nations and international President finds necessary and appropriate eral officer or agency under any other Fed- organizations in ocean and coastal activities. and shall consult with non-Federal organiza- eral law. SEC. 3. DEFINITIONS. tions and individuals involved in ocean and SEC. 6. COMMISSION ON OCEAN POLICY. As used in this Act— coastal activities. (a) ESTABLISHMENT.—

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(1) IN GENERAL.—The President shall, with- long-range program for oceanography, ocean ule under section 5316 of title 5, United in 90 days after the enactment of this Act, and coastal resource management, and pro- States Code. The Chairman may fix the com- establish a Commission on Ocean Policy. The tection of the marine environment, and iden- pensation of other personnel without regard Commission shall be composed of 16 mem- tify any such activities in need of reform to to the provisions of chapter 51 and sub- bers including individuals drawn from State improve efficiency and effectiveness; chapter III of chapter 53 of title 5, United and local governments, industry, academic (4) examine and suggest mechanisms to ad- States Code, relating to classification of po- and technical institutions, and public inter- dress the interrelationships among ocean sitions and General Schedule pay rates, ex- est organizations involved with ocean and and coastal activities, the legal and regu- cept that the rate of pay for such personnel coastal activities. Members shall be ap- latory framework in which they occur, and may not exceed the rate payable for GS–15, pointed for the life of the Commission as fol- their inter-connected and cumulative effects step 7, of the General Schedule under section lows: on the marine environment, ocean and coast- 5332 of such title. (A) 4 shall be appointed by the President of al resources, and marine productivity and (3) Upon request of the Chairman of the the United States. biodiversity; Commission, after consulting with the head (B) 4 shall be appointed by the President (5) review the known and anticipated de- of the Federal agency concerned, the head of chosen from a list of 8 proposed members mands for ocean and coastal resources, in- any Federal Agency shall detail appropriate submitted by the Majority Leader of the cluding an examination of opportunities and personnel of the agency to the Commission Senate in consultation with the Chairman of limitations with respect to the use of ocean to assist the Commission in carrying out its the Senate Committee on Commerce, and coastal resources within the exclusive functions under this Act. Federal Govern- Science, and Transportation. economic zone, projected impacts in coastal ment employees detailed to the Commission (C) 4 shall be appointed by the President areas, and the adequacy of existing efforts to shall serve without reimbursement from the chosen from a list of 8 proposed members manage such use and minimize user con- Commission, and such detailee shall retain submitted by the Speaker of the House of flicts; the rights, status, and privileges of his or her Representatives in consultation with the (6) evaluate relationships among Federal, regular employment without interruption. Chairman of the House Committee on Re- State, and local governments and the private (4) The Commission may accept and use sources. sector for planning and carrying out ocean the services of volunteers serving without (D) 2 shall be appointed by the President and coastal activities and address the most compensation, and to reimburse volunteers chosen from a list of 4 proposed members appropriate division of responsibility for for travel expenses, including per diem in submitted by the Minority Leader of the such activities; lieu of subsistence, as authorized by section Senate in consultation with the Ranking (7) identify opportunities for the develop- 5703 of title 5, United States Code. Except for Member of the Senate Committee on Com- ment of or investment in new products, tech- the purposes of chapter 81 of title 5, United merce, Science, and Transportation. nologies, or markets that could contribute States Code, relating to compensation for (E) 2 shall be appointed by the President to the objectives of this Act; work injuries, and chapter 171 of title 28, chosen from a list of 4 proposed members (8) consider the relationship of the ocean United States Code, relating to tort claims, submitted by the Minority Leader of the and coastal policy of the United States to a volunteer under this section may not be House in consultation with the Ranking the United Nations Convention on the Law considered to be an employee of the United Member of the House Committee on Re- States for any purpose. of the Sea and other international agree- sources. (5) To the extent that funds are available, ments, and actions available to the United (2) FIRST MEETING.—The Commission shall and subject to such rules as may be pre- States to effect collaborations between the hold its first meeting within 30 days after it scribed by the Commission, the executive di- United States and other nations, including is established. rector of the Commission may procure the the development of cooperative inter- (3) CHAIRMAN.—The President shall select a temporary and intermittent services of ex- national programs for oceanography, protec- Chairman from among such 16 members. Be- perts and consultants in accordance with tion of the marine environment, and ocean fore selecting the Chairman, the President is section 3109 of title 5, United States Code, and coastal resource management; and requested to consult with the Majority and but at rates not to exceed the daily rate pay- (9) engage in any other preparatory work Minority Leaders of the Senate, the Speaker able for GS–15, step 7, of the General Sched- deemed necessary to carry out the duties of of the House of Representatives, and the Mi- ule under section 5332 of title 5, United the Commission pursuant to this Act. nority Leader of the House of Representa- States Code. (c) DUTIES OF CHAIRMAN.—In carrying out (f) ADMINISTRATION.— tives. the provisions of this subsection, the Chair- (1) All meetings of the Commission shall be (4) ADVISORY MEMBERS.—In addition, the man of the Commission shall be responsible open to the public, except that a meeting or Commission shall have 4 Members of Con- for— any portion of it may be closed to the public gress, who shall serve as advisory members. (1) the assignment of duties and respon- if it concerns matters or information de- One of the advisory members shall be ap- sibilities among staff personnel and their scribed in section 552b(c) of title 5, United pointed by the Speaker of the House of Rep- continuing supervision; and States Code. Interested persons shall be per- resentatives. One of the advisory members (2) the use and expenditures of funds avail- mitted to appear at open meetings and shall be appointed by the minority leader of able to the Commission. the House of Representatives. One of the ad- (d) COMPENSATION OF MEMBERS.—Each present oral or written statement on the visory members shall be appointed by the member of the Commission who is not an of- subject matter of the meeting. The Commis- majority leader of the Senate. One of the ad- ficer or employee of the Federal Govern- sion may administer oaths or affirmations to visory members shall be appointed by the ment, or whose compensation is not pre- any person appearing before it. minority leader of the Senate. The advisory cluded by a State, local, or Native American (2) All open meetings of the Commission members shall not participate, except in an tribal government position, shall be com- shall be preceded by timely public notice in advisory capacity, in the formulation of the pensated at a rate equal to the daily equiva- the Federal Register of the time, place, and findings and recommendations of the Com- lent of the annual rate payable for Level IV subject of the meeting. mission. of the Executive Schedule under section 5315 (3) Minutes of each meeting shall be kept (b) FINDINGS AND RECOMMENDATIONS.—The of title 5, United States Code, for each day and shall contain a record of the people Commission shall report to the President (including travel time) during which such present, a description of the discussion that and the Congress on a comprehensive na- member is engaged in the performance of the occurred, and copies of all statements filed. tional ocean and coastal policy to carry out duties of the Commission. All members of Subject to section 552 of title 5, United the purpose and objectives of this Act. In de- the Commission who are officers or employ- States Code, the minutes and records of all veloping the findings and recommendations ees of the United States shall serve without meetings and other documents that were of the report, the Commission shall— compensation in addition to that received made available to or prepared for the Com- (1) review and suggest any necessary modi- for their services as officers or employees of mission shall be available for public inspec- fications to United States laws, regulations, the United States. tion and copying at a single location in the and practices necessary to define and imple- (e) STAFF.— offices of the Commission. ment such policy, consistent with the obliga- (1) The Chairman of the Commission may, (4) The Federal Advisory Committee Act (5 tions of the United States under inter- without regard to the civil service laws and U.S.C. App.) does not apply to the Commis- national law; regulations, appoint and terminate an execu- sion. (2) assess the condition and adequacy of in- tive director who is knowledgeable in admin- (g) COOPERATION WITH OTHER FEDERAL EN- vestment in existing and planned facilities istrative management and ocean and coastal TITIES.— and equipment associated with ocean and policy and such other additional personnel as (1) The Commission is authorized to secure coastal activities including human re- may be necessary to enable the Commission directly from any Federal agency or depart- sources, vessels, computers, satellites, and to perform its duties. The employment and ment any information it deems necessary to other appropriate technologies and plat- termination of an executive director shall be carry out its functions under this Act. Each forms; subject to confirmation by a majority of the such agency or department is authorized to (3) review existing and planned ocean and members of the Commission. cooperate with the Commission and, to the coastal activities of Federal agencies and de- (2) The executive director shall be com- extent permitted by law, to furnish such in- partments, assess the contribution of such pensated at a rate not to exceed the rate formation to the Commission, upon the re- activities to development of an integrated payable for Level V of the Executive Sched- quest of the Chairman of the Commission.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12628 CONGRESSIONAL RECORD — SENATE November 13, 1997 (2) The Commission may use the United mittee on Energy and Natural Re- portant amendment. I also wish to States mails in the same manner and under sources. thank my cosponsors, Senators LEVIN, the same conditions as other departments The hearing will take place Monday, HATCH, CAMPBELL, SMITH, and and agencies of the United States. December 15, 1997 at 1:00 p.m. in room Dominici. In particular, I am most ap- (3) The General Services Administration shall provide to the Commission on a reim- SD–366 of the Dirksen Senate Office preciative of Senator LEVIN, his hard bursable basis the administrative support Building in Washington, D.C. work and cooperation in securing the services that the Commission may request. The purpose of this hearing is to re- support of the subcommittee’s ranking (4) The Commission may enter into con- ceive testimony on S. 1253, the Public member was crucial. tracts with Federal and State agencies, pri- Land Management Improvement Act of Every year, Mr. President, the Fed- vate firms, institutions, and individuals to 1997. eral Government increases the acreage assist the Commission in carrying out its du- Those who wish to submit written it owns, particularly in the form of na- ties. The Commission may purchase and con- statements should write to the Com- tional parks. This provides increased tract without regard to section 303 of the Federal Property and Administration Serv- mittee on Energy and Natural Re- opportunities for Americans to enjoy ices Act of 1949 (41 U.S.C. 253), section 18 of sources, U.S. Senate, Washington, D.C. the great outdoors. At the same time, the Office of Federal Procurement Policy 20510. For further information, please however, it also increases costs for law Act (41 U.S.C. 416), and section 8 of the Small call Judy Brown or Mark Rey at (202) enforcement, search and rescue and fire Business Act (15 U.S.C. 637), pertaining to 224–6170. departments for literally thousands of competition and publication requirements, f small towns throughout our Nation. and may arrange for printing without regard Federal land purchases often perma- to the provisions of title 44, United States ADDITIONAL STATEMENTS nently remove a critical source of in- Code. The contracting authority of the Com- come from local communities. PILT mission under this Act is effective only to the extent that appropriations are available VETERANS DAY 1997 payments, or ‘‘Payments in Lieu of Taxes,’’ are made to counties and local for contracting purposes. ∑ (h) REPORT.—The Commission shall submit Mr. KERRY. Mr. President, today I communities which contain certain to the President, via the Council, and to the wish to pay deep respect and tribute to federally owned lands that cannot be Congress not later than 18 months after the the men and women of the United taxed or, in many cases, developed by establishment of the Commission, a final re- States who have made significant sac- the local governments. PILT moneys port of its findings and recommendations. rifices in the defense of the freedoms are often the only means that counties The Commission shall cease to exist 30 days and democratic principles upon which have to pay for police protection and after it has submitted its final report. our country was founded and to which (i) AUTHORIZATION OF APPROPRIATIONS.— garbage collection and storage as well There are authorized to be appropriated to we pledge our allegiance today. For as funding for one time capital invest- support the activities of the Commission a every American, Veterans Day holds a ments for new schools, hospitals, and total of up to $6,000,000 for fiscal years 1998 special meaning because it is a time to jails. They also are vital for offsetting and 1999. Any sums appropriated shall re- remember those veterans who have costs incurred by counties for services main available without fiscal year limita- died, thank those who are living, and provided users of public lands. tion until the Commission ceases to exist. reflect on the honorable contributions Unfortunately, Mr. President, and de- SEC. 7. REPORT AND BUDGET COORDINATION. that each has made to our country. spite the very real benefits local com- (a) BIENNIAL REPORT.—Beginning in Janu- People of all ages and backgrounds munities provide, every year more Fed- ary, 1999, the President shall transmit to the marched in parades across the United eral lands are taken off of county tax Congress biennially a report, which shall in- States on November 11 honoring vet- clude— rolls, while PILT payments remain (1) a comprehensive description of the erans whom often they have never met, stagnant and well below the level au- ocean and coastal activities (and budgets) nor seen, nor heard about—and who too thorized by Congress. and related accomplishments of all agencies often have received little or no rec- That is why my colleagues and I took and departments of the United States during ognition for their unwavering devotion action to reverse this trend, and why I the preceding two fiscal years; and to our country. am so pleased that the Senate has (2) an evaluation of such activities (and As a veteran of the Vietnam war, I agreed to raise PILT payments to $124 budgets) and accomplishments in terms of share a memory with many others who million. I believe this increase has sig- the purpose and objectives of this Act. Re- have served in the U.S. Armed Forces ports made under this section shall contain nificance beyond the amount approved such recommendations for legislation as the and ascribe a special meaning to this because it demonstrates that the Con- President may consider necessary or desir- day. We remember the faces of those gress is beginning to understand the di- able. who served with us and the experiences lemma faced by a significant number of (b) BUDGET COORDINATION.— of those who served beside us. History our localities, struggling as they are (1) Each year the President shall provide will remember the cause, but we will with increasing costs and a shrinking general guidance to each Federal agency or remember the people. tax base. department involved in ocean or coastal ac- I am proud to have served my coun- During the conference of the House tivities with respect to the preparation of requests for appropriations. try and feel blessed that I was lucky and Senate, Members agreed to a com- (2) Each agency or department involved in enough to return to my family and promise funding level of $20 million. I such activities shall include with its annual friends. To those brave men and women suspect that the increased Senate request for appropriations a report which— who gave their lives for our country or amount was partially responsible for (A) identifies significant elements of the who have survived but paid in human the conferees agreeing to an amount $7 proposed agency or department budget relat- suffering, we collectively owe a great million above the House level. These ing to ocean and coastal activities; and debt and appropriate recognition and extra funds will provide crucial help to (B) specifies how each such element con- respect. We must never forget their local communities strapped for funds tributes to the implementation of a national ocean and coastal policy. service, or their sacrifice, nor must we as they seek to tend to their own citi- forget their significance.∑ SEC. 8. REPEAL OF 1966 STATUTE. zens’ needs. It has been a long time The Marine Resources and Engineering De- f coming and I applaud the Senate for agreeing to support this critical pro- velopment Act of 1966 (33 U.S.C. 1101 et seq.) HELP FOR LOCALITIES is repealed. gram.∑ ∑ f Mr. ABRAHAM. Mr. President, one of f the final items to be approved by the NOTICE OF HEARING Senate for inclusion in the fiscal year CONFIRMATION OF RODNEY W. COMMITTEE ON ENERGY AND NATURAL 1998 Senate Interior appropriations bill SIPPEL TO BE A UNITED STATES RESOURCES was my amendment to raise the level JUDGE FOR THE EASTERN AND Mr. CRAIG. Mr. President, I would of funding for the Payment in Lieu of WESTERN DISTRICT OF MIS- like to announce for the public that a Taxes program, or PILT. I want to SOURI hearing has been scheduled before the thank the Interior appropriations ∑ Mr. LEAHY. Mr. President, I am de- Subcommittee on Forests and Public chairman, Senator GORTON, for his as- lighted that the Senate unanimously Land Management of the Senate Com- sistance and consideration of this im- confirmed Rodney W. Sippel to serve as

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12629 a U.S. District Court Judge for the tiously through the committee and the ELEVEN CONNECTICUT ORGANIZA- Eastern and Western Districts of Mis- Senate. TIONS, COMPANIES, AND MUNICI- souri. I congratulate Mr. Kauffman and his PALITIES NAMED TO WOMEN’S Rodney Sippel is a uniquely well- family and look forward to his service BUREAU HONOR ROLL qualified nominee, with a wealth of exon the district court.∑ ∑ Mr. DODD. Mr. President, I rise perience in the practice of law and in f today to congratulate 11 organizations, public service. He has years of litiga- CONFIRMATION OF MARTIN J. companies, and municipalities in my tion experience at the law firm of JENKINS TO BE U.S. DISTRICT home State of Connecticut for being Husch & Eppenberger in St. Louis, MO. JUDGE FOR THE NORTHERN DIS- named to the honor roll of the Wom- He is also a dedicated public servant, TRICT OF CALIFORNIA en’s Bureau of the U.S. Department of having served in the office of our Labor. This honor roll recognizes enti- former colleague, Senator Thomas ∑ Mr. LEAHY. Mr. President, I am de- ties across the country that have made Eagleton, and as an administrative as- lighted that the Senate confirmed a commitment to working women and sistant to the House Democratic lead- Judge Martin J. Jenkins to be a U.S. to a family-friendly workplace. Most er, RICHARD GEPHARDT. District Judge for the Northern Dis- Americans go to work each day worried The American Bar Association found trict of California. about their health care, affordable and Mr. Sippel to be qualified for this ap- The American Bar Association unani- reliable child care, living wages, and pointment and his nomination enjoys mously found Judge Jenkins to be well- job protection in times of family crisis. the support of both Senators from Mis- qualified, its highest rating, for this These organizations are trying to help souri. appointment. He has extensive trial ex- alleviate some of these worries and The President nominated Rodney perience as a deputy district attorney should be applauded for their efforts. Sippel on May 15, 1997. After several for Alameda County, trial attorney The 11 honorees from Connecticut months of inaction, the Judiciary Com- with the Department of Justice’s Civil are: Aetna Inc., the city of New Brit- mittee finally held a hearing on his Rights Division, and civil litigator ain, the Connecticut Women’s Edu- nomination on October 28 and the com- with Pacific Bell. He also has extensive cation and Legal Fund, DCC/The De- mittee favorably and unanimously re- judicial experience as a former munic- pendent Care Connection Inc., the En- ported his nomination to the full Sen- ipal court judge and in his current po- trepreneurial Center at Hartford Col- ate on November 6. sition as Alameda County Superior lege for Women, GTE Service Corp., I congratulate Rodney Sippel and his Court judge. His nomination enjoys the ITT Hartford, Phoenix Home Life Mu- family on his confirmation. I look for- strong support of Senator FEINSTEIN tual Insurance Co., United Illu- ward to his service as a U.S. district and Senator BOXER. minating Co., United Technologies court judge. The Judiciary Committee unani- Corp., and the Urban League of south- I would like to note that the nomina- mously reported his nomination to the western Connecticut. tion process experienced by Rodney Senate on November 6, 1997. With the These entities are helping working Sippel is a common one in this 105th confirmation of Charles Breyer, the women to achieve better pay and bene- Congress. It is an experience of unnec- Northern District of California now has fits, to strike a better balance of work essary delay. After his nomination lan- 2 vacancies out of 14 judgeships and and family responsibilities, and to gain guished for months in the Judiciary desperately needs Judge Jenkins to more respect and opportunity on the Committee, the majority finally fo- help manage its growing backlog of job. For example, flexible work schedules and interactive retirement plan- cused on Rodney Sippel and he was cases. ning software allow more women to unanimously confirmed. I am not sure I am delighted for Judge Jenkins and pick up a sick child from school or help why it took so long for the majority to his distinguished family that he was plan for their and their families’ finan- confirm this well-qualified nominee, confirmed. He will make a fine judge.∑ cial future. Other programs instituted but I am glad that they finally realized f by these family-friendly Connecticut that he will be an outstanding Federal TRIBUTE TO HERBERT COHEN organizations include discounted on- judge. ∑ site day care, at-home offices, exten- f Mr. JEFFORDS. Mr. President, I rise today to pay tribute to a good friend sive prenatal care, and seminars to assist families with college planning. CONFIRMATION OF BRUCE C. and great Vermonter, Herbert Cohen. KAUFFMAN TO BE A U.S. DIS- The American work force is chang- Herbert died unexpectedly on July 27, ing. When The Department of Labor TRICT JUDGE FOR THE EASTERN 1997 at the age of 67. DISTRICT OF PENNSYLVANIA Women’s Bureau was created by Con- A respected entrepreneur in Rutland, gress in 1920, there were only 8.25 mil- ∑ Mr. LEAHY. Mr. President, I am de- Herbert owned and operated Vermont lion working women—less than 20 per- lighted that the Senate confirmed Contract Furnishings along with his cent of our Nation’s work force. Today, Bruce C. Kauffman to be a U.S. district wife Sandy. His business focused on in- nearly 60 million women work for pay judge for the eastern district of Penn- terior designs for the condominium and —almost 50 percent of our Nation’s sylvania. Mr. Kauffman is a well-quali- vacation home markets. Accordingly, work force. Not only are more women fied nominee. he was selected to provide these serv- working, but more women must work The nominee has decades of legal ex- ices for the 1980 Winter Olympic Games to make ends meet for their families. perience in the private practice of law in Lake Placid. America’s work force and families are at the firm of Dilworth, Paxson, Kalish Herbert was a member of the board facing new challenges and it is organi- & Kauffman in Philadelphia. He has for Rutland’s Regional Medical Center zations like these 11 that deserve to be also served the public interest as a jus- and was selected to act as president for applauded for making innovative and tice of the Supreme Court of Pennsyl- the local Chamber of Commerce. In constructive efforts to make their vania, the Commonwealth’s highest ap- recognition of his outstanding achieve- workplaces more family-friendly. pellate court, and as a member of nu- ments and dedication to the people of As we applaud these honor roll mem- merous task forces and commissions Vermont, Herbert was named ‘‘Citizen bers we must also remember that there benefiting the city of Philadelphia. The of the Year’’ in 1987. are challenges that still need to be ad- American Bar Association has found Herbert played an integral role in dressed in our changing workplace. By him to be well-qualified for this ap- Rutland’s revitalization. Through his and large, American working women pointment. efforts in restoring one of the areas still have difficulty finding affordable We first received Mr. Kauffman’s most prominent storefronts, Herbert child care, paid sick leave, and unpaid nomination on July 31, 1997. He had a has left a lasting impression upon resi- family leave during an extended family confirmation hearing on September 5. dents and visitors alike that will be crisis. And let us not forget that He was unanimously reported by the slow to fade. women continue to face discrimination committee on November 6. With the Mr. President, I would like to extend in hiring and promotion, as well as un- strong support of Senator SPECTER, my condolences to his family and derpayment in comparisons to men this nomination has moved expedi- friends.∑ with the same or similar credentials.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12630 CONGRESSIONAL RECORD — SENATE November 13, 1997 Though we have made some progress, increased privatization, increased de- Washington, DC, and work for Cali- such as passing the Family and Med- mocracy, and increased prosperity for fornia, she has made a lasting con- ical Leave Act, it is obvious we still the people of the region. By ending the tribution to her State. have challenges to overcome. So, let’s current patron-client relationship, and Kathy plans to leave the Congress applaud the companies, organizations, substituting for it an equal partnership and have new adventures with her hus- and municipalities on the Labor De- among independent nations, we can band, Cal, who has also recently re- partment’s honor roll for working benefit everyone involved. tired. On behalf of everyone in Cali- women. And let’s continue to struggle I urge my colleagues to support this fornia, I thank Kathy for her profes- toward solutions to make every work- important, forward-looking legisla- sional spirit which was important to place a family-friendly workplace.∑ tion.∑ me from my first days in the U.S. Sen- f f ate and I thank her for her dedicated example which has proved so signifi- AFRICAN GROWTH AND TRIBUTE TO KATHY LACEY cant to California.∑ OPPORTUNITY ACT ∑ Mrs. FEINSTEIN. Mr. President, I f ∑ Mr. ABRAHAM. Mr. President, I rise rise today to pay tribute to Kathy LABOR, HEALTH AND HUMAN today to cosponsor the African Growth Lacey, my deputy legislative director, SERVICES APPROPRIATIONS BILL and Opportunity Act, introduced by my who I regret will retire at the end of ∑ colleague, Senator LUGAR. I do this be- December after serving California for Mr. SESSIONS. Mr. President, I cause I believe greater trade and eco- 27 years as a staff member in the U.S. would like to take a few minutes today nomic development is in the interest of Senate. in order to lay out my reasons for vot- sub-Saharan Africa, and in the interest Kathy came to Washington, DC 27 ing against the Fiscal Year 1998 Labor, of the United States. years ago having studied at Vassar Col- Health and Human Services, and Edu- For too long, Mr. President, our pol- lege and after graduate work at the cation appropriations bill. icy toward the nations of sub-Saharan University of Southern California. Her Mr. President, when I was running Africa has been based largely on a se- graduate work at USC was in Asian for the Senate last year, there were ries of bilateral donor-recipient aid re- studies and Chinese language. She two campaign promises that I made to lationships. While this policy has pro- knew other friends who had used their the people of the great State of Ala- duced some notable successes in terms studies by going to work for the Fed- bama. First, I promised that I would of staving off starvation, it also has eral Government and she thought she work to reign in wasteful Washington spending and secondly, that I would spawned an inappropriate vision of the would find similar opportunities. In- work to bring Alabama values into the United States as patron to literally stead, former Senator Alan Cranston Washington public-policy debate. It dozens of independent nations, while hired Kathy and she went to work was for these two simple reasons that I fostering a debilitating dependence on using her love and knowledge of Cali- felt compelled to cast my vote against foreign assistance. As a consequence, fornia. When Kathy describes her service in the Labor, HHS appropriations bill. this policy has in fact stood in the way The fiscal year 1998 Labor, HHS ap- the U.S. Senate to younger staff just of economic growth, self-reliance and propriations bill contained roughly $80 starting their careers, she says that political stability for the vast majority billion in spending for Washington so- her effort was always on behalf of the of people in this region. cial programs. This is an increase of people of California. Her work ranged The African Growth and Opportunity roughly $6.2 billion from fiscal year Act will establish a new relationship from trying to assist farmers with ex- 1997’s bill. Now Mr. President, the aver- between the United States and the na- port of their crops, to helping cities get age Alabamian, if they’re lucky, sees a tions of sub-Saharan Africa. It will pro- their funds to build sewage treatment cost-of-living increase in their pay- mote economic growth through private plants, to fixing levees or to analyzing check each year of around 2.8 percent. sector activity and trade incentives, the science of radioactive waste, pests, That’s it, 2.8 percent. However, this bill fostering a mutually beneficial rela- and pesticides, or endangered species. increases Washington social spending tionship and encouraging economic and But what gives Kathy the most satis- by over 8 percent. That’s an increase of political reforms in the interests of the faction is the work which she has done, almost three times the average Ala- peoples of sub-Saharan Africa. both with me and with Alan Cranston, bamian’s yearly cost-of-living increase. The bill directs the President to de- to protect California’s special places. That to me is unacceptable. velop a plan to establish a United Legislation she has worked on over her I have spent many long hours looking States-Sub-Saharan Africa Free-Trade 27-year career has protected almost 12 through the merits of many of these Area to stimulate trade. It also elimi- million acres of wilderness in Cali- programs. We have many good pro- nates quotas on textiles and apparel fornia. More than half of that acreage grams, with a proven track record, from Kenya and Mauritius, contingent was part of the Desert Protection Act. that need to be funded and supported. on these countries’ adopting a visa sys- I could not have successfully gotten But Mr. President, the Labor, HHS ap- tem to guard against transshipment. that bill passed without Kathy’s propriations bill we voted on also con- In addition, this legislation would es- knowledge and continuous work. tained many social programs that are tablish an economic forum to facilitate But Kathy was also involved in the unproven or just too costly. The tax- trade discussions and work with the creation of the Santa Monica Moun- payers of America deserve to know private sector to develop an invest- tains National Recreation Area, estab- that their hard earned tax dollars are ment agenda. USAID moneys would lishment of Channel Island National spent wisely. If we continue to raise not be effected in any way. However, Park, expansion of Redwood National spending faster than our economic OPIC would be instructed to create a Park, protection of Mineral King growth—faster than the cost of living— privately funded, $150 million equity through its addition to Sequoia Na- then we are in danger of returning to fund and a $500 million infrastructure tional Park, establishment of the Mono the old tax and spend mentality that fund for Africa. Finally, the bill man- Basin National Forest Scenic Area, has nearly bankrupted this country. dates that one member of the board of preservation of the Tuolumne River, With great reluctance, I must vote directors of the Export-Import Bank enactment of the Smith River bill ‘‘no.’’ and OPIC have extensive private in- which protected watersheds and old There were several other provisions vestment sector experience in Africa. growth in the Six Rivers National For- missing from this bill which also com- Benefits from these initiatives would est, and designation of almost all of pelled me to vote against it. First, my be available to any nation in the sub- the wilderness in California including tobacco amendment, added to the bill Saharan region instituting serious eco- the 1.8-million-acre California wilder- by the Senate on September 10, which nomic and political reforms. ness bill. would have limited any tobacco attor- Mr. President, the provisions of this Kathy grew up in Pasadena. Her par- ney’s fees and required that all such legislation in effect would create a ents had come to California as teen- fees be made public for inspection prior free-trade zone in sub-Saharan Africa. agers. Her mother and brother still live to the passage of any global settle- They would promote increased trade, there. Because Kathy chose to come to ment, was stripped during negotiations

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12631 between the Senate and House of Rep- Experience is a wonderful teacher— NAFTA in 1993, we had a $1.7 billion resentatives conference committee. just look at NAFTA. What I have surplus with Mexico. As of last year, These fees, in many cases, will be the learned is that NAFTA has not been it’s now a $16.2 billion deficit. Before largest fees in history and will be wind- the job boon it was advertised to be; NAFTA we had a $10 billion trade def- falls for these attorneys. These moneys that the trade deficit has continued to icit with Canada. After only 3 years of would be better spent on health care explode under NAFTA, that too many NAFTA, we had a $23 billion deficit. for children. good paying jobs have already been And during those 3 years under Second, an education provision, sacrificed on the altar of so-called fair NAFTA, our combined merchandise which I strongly supported, authored trade, and that we have serious dif- trade deficits with Canada and Mexico by my good friend from Washington, ficulties in enforcing the agreements have grown 433 percent, as indicated by Senator SLADE GORTON, was also we’ve already made. this chart showing the tremendous stripped during the House-Senate con- That is not a particularly encour- downward turn taken after NAFTA. ference negotiations. This amendment aging track record—certainly not one We all know that, with trade agree- would have required the Secretary of that should inspire us to hand over the ments, there are winners and there are Education to award certain funds ap- trade agreement keys to the White losers. But a quick review of the cur- propriated for the Department of Edu- House. To the contrary, it raises grave rent NAFTA standings shows that, in cation for kindergarten through grade concerns as to where the administra- sports terms, we are well below .500. 12 programs and activities directly to tion wants to take the country in the The White House has claimed credit for the local education agencies. This will new world of globalization. 90,000 to 160,000 American jobs from allow them to use the funds for their That is why I believe the President is NAFTA. Yet the Economic Policy In- greatest needs and reduce paperwork. I obliged to do more than just say that stitute has issued a report that there supported this amendment because I he needs fast-track authority. The gap are jobs losses in all 50 States because believe it is time to take control of our between what he said would happen of NAFTA, more than 390,000 jobs schools out of the hands of the well-in- under NAFTA and what has actually eliminated since NAFTA took effect in tentioned individuals in Washington happened makes it even more essential 1994. and instead put the control into the that he explain to us precisely how he Considering our experience prior to hands of the real experts—the teachers, would address the problems that al- 1994, we can ill afford these kind of re- principals, parents and the students of ready exist, and what his vision is for sults. An October EPI briefing paper states that in the 15 years preceding Alabama. Mr. President, this is an- the future should he be granted such NAFTA the U.S. goods and services other example of Government putting sweeping authority. Because frankly, trade deficit eliminated a total of 2.4 Washington values ahead of Alabama’s the administration has not spelled out million job opportunities, 2.2 million in values. The fundamental question is why it needs this authority, nor what the manufacturing sector alone. That this: Will our children benefit more if it will mean for the Nation. Washington is in charge of their edu- Unfortunately, I can venture a fairly means 83 percent of the total job decline was in the manufacturing sector. cation or if their elected representa- good guess as to what it will mean, For example, in my home State of tives are? Alabama values would sup- based on history. The chart behind me port the local control of our schools Maine, between 1980 and the inception represents the U.S. international mer- of NAFTA the Maine footwear indus- while Washington values support the chandise trade from 1947 until last bureaucratic heavy handed federal con- try—the largest in the Nation—lost year. For 25 out of the 27 years pre- over 9,000 jobs to countries like Mexico trol of our education system. ceding fast-track authority in 1974, the Mr. President, in closing, let me say because our Government sat on its United States ran a trade surplus. plainly I support many of the programs hands in spite of recommended action Then, after 1975, the bottom started and services found in this bill. It was by the International Trade Commis- falling out. my sincere hope to have been counted sion. And in the past three years alone, This sea of red ink behind me not among its supporters on the Senate there have been significant losses in only represents millions of dollars in floor. However in this era when fami- the textile and shoe industries—over deficit—over $190 billion last year lies are struggling to get by, we simply 8,000 people have lost their jobs. I have ($191.2 billion)—but lost jobs and shat- must begin the process of controlling already witnessed too many hard- tered lives. For each billion dollars in the growth of Washington spending. working people lose their livelihood for trade deficit, another 20,000 people are That is why I have decided to vote me to risk more American jobs. displaced from their jobs—according to ‘‘no.’’∑ I am unwilling to trade well-paying the Foreign Trade Division of the Cen- f jobs with benefits for lower paying sus Bureau, that number is approach- ones—but that’s precisely what’s hap- FAST-TRACK AUTHORITY ing 3.8 million. Every $50,000 in trade pened under our ill-conceived trade ∑ Ms. SNOWE. Mr. President, I rise deficit is one lost job. agreements. As the trade deficit and today to speak on a matter of utmost We hear time and time again that globalization of U.S. industries have importance to our Nation—granting enormous opportunities will be created grown, more quality jobs have been the President fast-track authority for for the American people through trade lost to imports than have been gained global trade agreements for the next 5 agreements the President can nego- in the lower paying sectors that are ex- years. tiate if he has fast-track authority. periencing rapid export growth. In- I have long opposed extending fast- But if the agreements already nego- creased import shares have displaced track authority to the executive tiated are any indication, it’s time to almost twice as many high-paying, branch on the grounds that it removes put the brakes on, not hit the accel- high-skill jobs than increased exports all possibility of perfecting trade erator. Because working Americans have created. agreements which have wide-ranging can’t afford any more ‘‘opportunities’’ Of course, NAFTA has created some impacts on many sectors of our econ- like this. good jobs. But the fact that increased omy. And nothing I have seen in recent Right now, each week, the United imports have caused a large trade def- history has changed my mind. States borrows from abroad or sells as- icit tell us that more high-paying jobs We are being asked to rubber stamp sets worth $3 billion to pay for our were lost than gained in the push for not just one agreement, but any trade trade losses. All across the country, more trade. agreement that may come along, workers are taking cuts in pay—or Those deficits—and the path the whether in South America, Asia, or worse, taking home pink slips. And we United States is going down—are well anywhere else in the world. We are con- are left to wonder how trade agree- illustrated by this chart which shows templating letting bureaucrats and ments that had promised so much have three roads that have diverged under other unelected interests negotiate delivered so little. Just look at the les- the previous reign of fast-track author- America’s future in the new global sons of NAFTA. ity, first instituted in 1974. Up to that economy. And if history is any indica- NAFTA, we were told, would improve point, Japanese, German, and United tion, we would be making a grievous our trade deficit with Canada and Mex- States merchandise trade was hum- mistake. ico. So what’s the reality? Before ming along essentially in balance.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12632 CONGRESSIONAL RECORD — SENATE November 13, 1997 Beginning almost at the start of 1975, salmon prices have dropped by 30 per- trade agreement with Chile—except of however, we clearly see the United cent. course for industries like fish, forestry, States plunging into deficit, while Ger- So forgive me if I am at a complete and fruit, all of which are important to many and Japan both enjoy a trade loss as to how bringing Chile into the economic stability of my home surplus. To paraphrase Robert Frost, NAFTA will create more and better State of Maine. the road less traveled certainly has jobs, and a higher standard of living for That is why I am not prepared to made all the difference—in this case, the hard working people of Maine. give up the right to seek assurances not for the better. In other words, And I could not talk about empty that these industries won’t be deci- under NAFTA as well as other previous trade promises without mentioning mated by a flawed trade agreement. trade agreements, there have been Maine’s potato industry. For years I The stakes are far too high for Con- many more losers than winners. have been raising the issue of an unfair gress to abrogate its responsibilities to So we must ask the President: How trade barrier with Canada on bulk ship- the bureaucrats and special interests. do you explain the job losses? How do ments of potatoes exported to Canada, Free trade, as we have seen, doesn’t you explain the trade deficit explosion? a trade barrier that is in violation of work unless we have agreements that And what is it going to mean for the the National Treatment Principle of also provide for fair trade, and Con- future of the country? The affect of article III, paragraph 4 of the GATT, to gress must have the right to exercise NAFTA on these issues was seriously be specific. This provision requires that its responsibility to ensure fair trade miscalculated—what assurances do we GATT/WTO member countries treat in each and every agreement that have that the administration’s record imported products the same as goods of comes down the road. The Senate must will be better in the next 5 years, after local origin with respect to all laws, be more than just a debating society multiple agreements? regulations, and requirements that af- for global trade issues that affect each We also need assurances that agree- fect the sale, purchase, transportation, and every one of us. ments negotiated will be agreements distribution, and use of the goods. Our country negotiated trade agree- fulfilled. Unfortunately, after we have In December of 1994, USTR’s then ments for nearly 200 years before fast- negotiated past trade agreements, I do Trade Representative Micky Kantor track authority was first granted in not believe that the United States has said he would be filing a trade case 1974, when trade was carved out for an aggressively pursued enforcement of with the GATT–WTO to overturn Can- exception unlike any other kind of the elimination of trade barriers with ada’s policy of bulk easements. So treaty. We continue to negotiate trea- other countries, whether they are tariff what has happened so far? Nothing. ties and agreements on everything or nontariff barriers. Why then would Almost 2 years later, in September of from chemical weapons to extradition to tuna-dolphin without fast-track au- we grant this authority on a broad 1996, I wrote to President Clinton to ex- thority. And I have heard no rational basis for whatever agreements may be press my belief that we had waited long explanation of why trade should be negotiated by the administration? enough, to urge him to live up to the The American Chamber of Commerce USTR commitment, and to proceed treated differently. I certainly do not believe Congress in Japan summed it up best in a study with a trade case on bulk easements. should approve fast-track authority on earlier this year concluding that ‘‘it One week later, USTR’s Charlene the basis of fear that the United States has often been more important for the Barshefsky called me to let me know will not have a seat at the trade bar- two governments to reach agreements that serious bilateral consultations on gaining table. There is no question we and declare victory than to undertake Canadian trade practices would begin. are living in an era dominated by glob- These talks lead nowhere—in fact, the difficult task of monitoring the al economics and trade, but at the the USTR then actually backtracked agreements to ensure their implemen- same time we are an economic super on filing a trade case. Two months tation produces results.’’ power with an 8.3 trillion dollar econ- The bottom line is, long after the later, the ITC was asked to investigate. omy and 203 million willing buyers—an signing ceremonies and handshakes are They did, and in July of this year, attractive market to say the least. forgotten, these trade agreements con- issued a report, which stated, and I I believe it would continue to be in tinue to affect lives on a daily basis. quote: ‘‘Canadian regulations restrict the best interests of nations across the We must remember that our respon- imports of bulk shipments of fresh po- globe to negotiate with the United sibilities don’t end with the ratifica- tatoes for processing or repacking.’’ States—and those of us in Congress are tion of our trade agreements—they are The report also stated, ‘‘the United committed to crafting mutually bene- just beginning. States maintains no such restrictions.’’ ficial trade agreements. I think all of Unfortunately, I can only assume So where are we today? Well, this us in Congress understand full well the from my personal experience that this past week, the U.S. Trade Representa- realities of trade as we approach the is a lesson not yet learned by the ad- tive once again promised that bilateral new millennium. We must also under- ministration. What other conclusion is talks on bulk easements will begin no stand, however, that our trade record there when the NAFTA clean-up plan later than March 1998. It looks to me, under fast track mandates that Con- for the United States-Mexico border as Yogi Berra once said, like deja vu all gress have a strong voice in the proc- has generated only 1 percent of the over again. Is this how the administra- ess. promised funding? What other conclu- tion plans to handle enforcement for Mr. President, we are elected to de- sion is there when other countries con- future trade agreements? Last week, liberate and vote on the major issues of tinue to violate our laws by dumping the President asked the American peo- our day. Well, what could be more im- goods in the United States below cost ple to give him the benefit of the doubt portant than trade agreements that and because of extensive subsidies? on fast track. I believe we need the will directly affect hard working Amer- The Atlantic salmon farmers of benefit of enforcement of existing icans and their families? Maine are a case in point. While we de- agreements first. It is imperative that we not relin- bate giving the President greater au- Where are our strict and mandatory quish our right to have a voice in these thority to close more trade deals, they enforcement provisions when our trad- agreements. I don’t want to see a re- have a case pending with the Depart- ing partners bring injury to our domes- peat of what happened during the sum- ment of Commerce because subsidized, tic workers? We need to provide the en- mer of 1993 during negotiations on low-priced Atlantic salmon from forcement to ensure full reciprocity in NAFTA side agreements, when United Chile—which provides at least 25 dif- market access and reduction of export States negotiators, clearly under tre- ferent subsidies to its producers, I subsidies—enforcement and oversight mendous pressure to reach agreement might add—are being dumped in the which, up until now, has been lacking. on the outstanding issues and conclude United States. And while this situation Yet, we are told that specific con- the pact in time for a January vote, let remains unresolved, we have lost more cerns should be weighed against the Canada and Mexico off the hook on a than 50 percent of our salmon aqua- broader economic, political and social number of different issues. We need culture industry in Maine, while aspects of NAFTA expansion. We are better oversight, more discussion and Chile’s imports into the United States told that, overall, no major negative debate, not less, because we stand at a have risen 75 percent and United States impact is expected if we expand the very important juncture.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12633 A poignant story out of New England have brought the hopes of the Italian of the boards of directors of the Amal- illustrates where we are at the end of Hospital Society closer to reality. I am gamated Bank, the Jewish Labor Com- the 20th century, and points up the especially gratified that the committee mittee, and Americans for Democratic failures of past agreements. honors a doctor, a businessman, a Action. He is plan administrator of the Two years ago, Malden Mills, a tex- union leader, and the principle inspira- health and welfare funds and pension tile mill in Massachusetts, burned to tion of my life, my mamma. funds of Local 169, UNITE. the ground, leaving thousands unem- I can speak with particular knowl- MARIO SPAGNUOLO, M.D. ployed and putting 300 more jobs in edge and delight about Mamma, known Dr. Mario Spagnuolo was born in jeopardy at the Bridgton Knitting to the public as Antoinette Cioffari Naples in 1930; he graduated cum laude Mills in Maine. In the wake of the fire, D’Amato. She was born and grew up in from the School of Medicine of the Uni- the mill’s owner, Aaron Feuerstein, Brooklyn, the daughter of Italian- versity of Naples. He trained in New had several attractive choices, includ- American parents. In growing up as her York City at St. Claire’s Hospital, the ing rebuilding in another state or coun- child, I was able to see the qualities, Irvington House Institute for Rheu- try with lower wages, anywhere from character and enthusiasm for life and matic Diseases and Bellevue Hospital. Texas to Thailand. Or he simply could for family which the society salutes in He was the director of the Irvington her public life. It was she who inspired have retired after four decades of run- House Institute and associate professor confidence, exercised discipline and de- ning Malden Mills, founded by his of medicine at New York University manded the pursuit of education. It grandfather more than 90 years ago. Medical School. Instead, last month, Mr. Feurstein was she who was the foundation for re- He has written about 60 research pa- sponsibility to the community and for opened a new, state-of-the-art textile pers in rheumatic diseases and several mill, and brought 2,630 very grateful civic involvement. In her marriage of 61 years to my fa- articles for textbooks. An editorial in Americans back to work. And the re- ther, Armand, a teacher and son of the New England Journal of Medicine building of the plant has become a Italian-American parents, she was a accompanying one of his papers, in symbol of loyalty to employees and to prototypical ‘‘mamma’’—cooking, January 1968, defined the paper as an an entire community. Mr. Feuerstein’s cleaning, exhorting, reprimanding and extraordinary clinical investigation. actions are admirable and all of Amer- loving her three children, Alfonse, Ar- The Journal reprinted one of his arti- ica rightfully extended their apprecia- mand, and Joanne. During World War cles in 1996, 25 years after its publication to a man who chose the difficult II, while my father was in the Army, tion in 1966, as a ‘‘Classic in Medicine.’’ path over the easy, and perhaps more she worked in a defense plant. As part He has practiced internal medicine in profitable. of the emigration from Brooklyn to Yonkers for the last 25 years. He has But let’s step back for a moment and Long Island, the D’Amato family been president of the Westchester ask ourselves why this story became a moved to Island Park where she and Health Services Network. He practices national sensation. The sad fact is, it Dad continue to reside. Both still work at St. John’s Riverside Hospital in stood out so glaringly because it is the in the insurance brokerage which has Yonkers, where he was director of med- exception to the rule. The idea that been the family business for over 60 icine and is now chief of the medical American textile jobs would be kept in years. staff and a member of the board of the United States when they could eas- It was my political campaign for the trustees. ily be shipped overseas is news because U.S. Senate in 1980 that brought He is married to Kathryn Birchall it hardly ever happens that way any- Mamma and her many talents to a Spagnuolo. They have four children— more. wider audience. The advertisements Mario, Sandra, Peter, and Eugene, a Mr. President, I don’t want to con- she made for my campaign made me a daughter-in-law—Linda, and three tinue down this path, but I fear we will winner. Ever since she has been grandchildren—JoAnne, Matthew, and if we don’t retain our congressional unstinting as an active and enthusi- Stephanie. right to speak out against trade agree- astic citizen of New York. She has had VINCENT ZUCCARELLI ments that aren’t in our best interest. a special interest in affordable housing Vincent Zuccarelli was born in We have an obligation to all those services for older citizens through her Mongrassano, a small town in Calabria, who have already lost good jobs to bad membership on the board of the New Italy. He started his education in the trade agreements, and to all those who York Foundation for Senior Citizens seminary and continued through the are in danger of becoming displaced in Inc. She is a television celebrity and ‘‘Liceo Classico.’’ He was a private the future, to take the time to do it the author of her own cookbook— tutor of classical languages, Latin and right. And the President has an obliga- ‘‘Cooking and Canning with Mamma Greek, for the students of the Middle tion to fully explain how the wrongs of D’Amato.’’ and High Gymnasium School and was the past will be fixed, and why the fu- I commend the Italian Hospital Soci- head of electoral office in his jurisdic- ture will be different. This he simply ety for the honor they give my mother tion for 5 years. has not done. for her public participation; but, for all Vincent came to the United States in We stand poised to begin a new era of the lessons and love of the private An- 1958. In 1959, with his brothers, he en- prosperity in the global marketplace, toinette Cioffari D’AMATO, only a hug gaged in and formed the food business but I do not believe that fast track is and a kiss are the proper awards. in Mount Vernon, NY and Florida the way to get us there, I do not be- ERNESTO JOFRE known as the Zuccarelli Brothers. lieve the President has made his case Ernesto Jofre, a native of Chile, came He has been married for 43 years to for this broad authority, and I urge my to the United States as a political ref- his wife Nella and has three sons: colleagues to defeat this fast-track leg- ugee in 1976. He had spent the 3 pre- Mario, Fiore, and Joseph. Vincent and islation.∑ vious years as a political prisoner of Nella also have six grandchildren: Vin- f the Pinochet dictatorship. He joined cent, Nelli, Marie, Juliana, Joey, and Local 169 of the Amalgamated Clothing Danielle. He and his wife reside in ITALIAN HOSPITAL SOCIETY & Textile Workers’ Union [ACTWU] as Bronxville, NY. ∑ Mr. D’AMATO. Mr. President, it is an auditor. Subsequently, he served He joined the Calabria Society in with great pleasure that I note that the Local 169 as an organizer, business 1985, and has become an active and Italian Hospital Society is celebrating agent, assistant manager, and then be- proud member. He is the first dinner- its 60th anniversary with a dinner and came manager and secretary-treasurer dance chairman of the Casa Dei Bam- awards presentation on Sunday, No- in 1993. He then became manager and bini Italiani Di New York. Mr. vember 16th. It is a most notable orga- secretary-treasurer of the Amal- Zuccarelli is a member of the Council nization guided by compassion and phi- gamated Northeast Regional Joint of the National Italian-American Foun- lanthropy to assist the hospital and Board of the Union of Needletrades, In- dation of Washington, DC, promoting health services of Italian communities dustrial & Textile Employees [UNITE!] education for the Italian-American val- in New York. in 1994. ues and traditions, and presently he is This year’s ceremonies will salute He is a vice president of the New Jer- the NIAF Westchester County Coordi- four eminent Italian-Americans who sey Industrial Union Council, Member nator.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12634 CONGRESSIONAL RECORD — SENATE November 13, 1997 The society continues the work of so turned to West Virginia to attend West arson and demolition. That rate of loss has many who came to this country as im- Virginia State College. been even higher during the 1990’s. In migrants seeking freedom and a new Bill’s father was a veteran of World Chittenden County, rents increased twice as life in America. But the bonds of kin- War II, Korea, and Vietnam, and was fast as average income during the 80’s. Not surprisingly, we now live in a time when ship and of nationality were often the awarded the Silver Star for valor. So it homelessness has become so pervasive, so en- only protections in a society where in- is no surprise to me that Bill possesses demic, that we’ve all but forgotten that it tolerance and discrimination was the an enormous sense of patriotism and was not always this way. One of my greatest more likely welcome. pride in his country. The learning expe- fears is that we will come to accept that this Having done so much over the past 60 rience of growing up in a military fam- is the way it must be. years, the Italian Hospital Society has ily, combined with the experience of It seems impossible that it was less than 20 embarked on a new mission to create his own military career, will be enor- years ago that we first began to see vast an Italian Home for the Aged as an numbers of families all over this country mously helpful to him in the job that sleeping in abandoned buildings or huddled independent assisted living facility lies ahead. in doorways because they couldn’t afford a where Italian-Americans and all elder- Everyone who has worked with me on home. Back then, we were deeply shaken by ly and infirm can receive the finest as- the Senate Committee on Veterans’ Af- the image of small children doing their sistance. As they note in their mission fairs knows that I have long been a homework by flashlight in the backseat of statement: ‘‘Unfortunately many of supporter of the court, so you can be cars, the idea of anyone sleeping under card- our own parents and grandparents have sure that the quality of those who board boxes in public parks was astonishing. suffered isolation, depression and feel- serve there is important to me. I am Our hearts were broken by newspaper stories ings of frustration due to cultural and of entire families scouring through trash confident that Judge Greene will bring dumpsters for scraps of food. language barriers. It is the mission of to the court the wisdom, judgment, and In 1997 the problem of homelessness in the Italian Hospital Society to amelio- sensitivity so necessary for the court’s America remains one of our greatest chal- rate this difficult situation by pro- vital work. In doing so, he will serve lenges and yet we hear little or nothing viding a supervised facility that would both our country and his fellow vet- about this issue in the national media. It’s be comforting and familiar to our aged erans well.∑ as if seeing those anguished images year after year has become so routine that we no community while providing for the f physical as well as psychological wel- longer see them at all. A few months ago my ANNUAL MEETING OF THE COM- own sister told me that she was tired of see- fare of these individuals.’’ ing the homeless everywhere she went, that Mr. President, I ask to share with our MUNITY OPERATION ON TEM- PORARY SHELTER she couldn’t look at their faces anymore be- colleagues the joy I have as son of one cause there were just too many of them, and of the society’s honorees and thank ∑ Mr. JEFFORDS. Mr. President, on it made her feel too sad. Either she forgot them for all the work that they do as September 11, 1997, the Community on what I do every day or she wanted me to re- a society and for the honors and re- Temporary Shelter [COTS] held its an- mind her that turning away from her own spect they show toward their four hon- nual meeting in Burlington, VT. The compassion means turning away from her orees. They and the society inspire us keynote speaker was Rita Markley, the humanity. My sister’s reaction, though, is ∑ director of COTS. Through her hard not uncommon. The homeless are increas- all. ingly invisible, untouchable. And they know f work and dedication to the needs of the it, they feel the distancing every time some- homeless in Vermont stands as a glow- CONFIRMATION OF JUDGE WIL- one passes them by on the street without ing example of the value of community looking into their eyes. Even children living LIAM P. GREENE, JR., AS ASSO- service. Her efforts have made a tre- in desperate poverty know that they are re- CIATE JUDGE, U.S. COURT OF mendous difference in the fight to end garded differently than cleaner, better VETERANS APPEALS homelessness. It gives me great pleas- dressed children. Here’s a quote from a 15 ∑ Mr. ROCKEFELLER. Mr. President, I ure to submit, for the RECORD, the text year old girl that describes their experience want to express my enormous delight poignantly: of her remarks. ‘‘It’s not like being in jail. It’s more like that Judge William P. Greene, Jr., was The text of the remarks follows: being hidden. It’s as if you have been put in recently confirmed for the position of [Sept. 11, 1997] a garage somewhere, where, if they don’t associate judge for the U.S. Court of COMMITTEE ON TEMPORARY SHELTER ANNUAL have room for something but aren’t sure if Veterans Appeals. Judge Greene brings MEETING—WHERE ARE WE NOW they should throw it out, they put it there in to this job a lifetime of experience in (By Rita Markley) the garage where they don’t need to think of it again. That’s what it’s like.’’ (Kozol inter- the armed services and the law, and I Good morning and welcome to our annual believe President Clinton made an ex- view tapes) meeting and volunteer recognition. This is Since the mid-1980’s there has been a grow- cellent choice in nominating him for the day when we thank all of you for giving ing inclination to ignore, conceal and even this position. your support to COTS. It’s the time when we punish those without homes. Many people in Bill is extremely qualified to serve reflect on what that contribution means and this country have moved from pity to impa- on the court. After graduating from why it matters. tience to outright contempt for the home- Howard University School of Law in I think it’s too easy these days to forget less. 1968, he joined the U.S. Army, where he that there was a time in this country, just In Fort Lauderdale, FL a city councilor 20–25 years ago, when being poor did not proposed spraying trash containers with rat proudly served for 25 years. Bill was an mean being homeless. There was a time when officer in the U.S. Army Judge Advo- poison to discourage foraging by homeless retail clerks, gas station attendants, wait- families. ‘‘The way to get rid of vermin,’’ he cates Group Corps, and earned the Le- resses could afford to pay for their rent and said, ‘‘is to cut off their food supply.’’ (1986) gion of Merit, Meritorious Service their groceries. Sometimes they even had In Santa Barbara, California grocers have Medal, and Army Commendation Medal enough left over for a Saturday afternoon sprinkled bleach on food discarded in their more than once. movie. There was a time when the mentally dumpsters. Since 1993, Bill has served as an im- ill were not left to wander America’s streets In Chicago a homeless man was set ablaze migration judge for the Department of without housing or services. And there was a while sleeping on a bench early one Decem- Justice in Baltimore. His leadership time, just 15 years ago, when this commu- ber morning. Rush hour commuters passed nity did not need a place like COTS because skills and ability to make clear, deci- his charred body and possessions for four homelessness was something that only hap- hours before anyone called the police. sive, and just decisions have been well pened in big cities. In the first four months of 1992, 26 home- tried—and well proven. There have been enormous economic and less people were set on fire while they were In addition to his many other fine at- social changes during the past 20 years that sleeping in New York City. tributes, Bill has another that makes have displaced and uprooted millions of Who are these faceless, forsaken people me especially proud of him—he is a na- lives. Across the country and here in that they would provoke such hateful acts? tive West Virginian. Bill was born in Vermont, the number of families and indi- They are the poorest and most vulnerable Bluefield, WV, and lived there until he viduals without housing has increased ten- members of our society: they are the elderly fold during the past decade. Not since the and families with children, they are Korean was 10. He grew up in a military family Great Depression have there been so many and Vietnam war veterans, they are the and although they moved around to homeless Americans. During the 1980’s more mentally ill who were left to fend for them- many different places, Bill always con- than half a million units of low income hous- selves on city streets, they are women and sidered West Virginia home, and re- ing were lost every year to condo conversion, children fleeing from violence. I wonder

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12635 what kind of outcry there would have been if porters. He said no, the shelters. He was sur- task is at hand. I believe that what you are these acts of violence were inflicted on any prised that I was surprised by his answer. If really doing is taking a stand, a stand other group but the most dispossessed. these folks don’t have a place to sleep at against indifference. When you support I’d like to read a few letters by some night, he explained, a place to take a shower, COTS you are holding firm with us in the un- Vermonters who lost their homes this year. they’re not going to get a job or an apart- wavering conviction that every human being They wrote these last April during the HUD ment no matter what kind of training they has value; and that no one should be dis- crisis when many of our services would have have. They’ll be trapped. First things first, carded or left behind (or set on fire) just be- been wiped out by unexpected cuts in fund- he said. cause they are poor. When you give your ing. This past year we helped put first things time to COTS, when you help ensure that ‘‘DEAR —— I’d never been homeless before first for more that a thousand homeless fam- there is shelter and support for those who this winter. I was out of work suddenly, lost ilies and individuals. They came to COTS be- have nothing, you reaffirm humanity. That’s my apartment and had to find a place to cause they had no place left to turn. They a tremendous gift to give. And I thank you.∑ stay. . . I was at the Waystation. . . where I came from Burlington, Essex, Colchester, f met some people who took care of each Shelburne, Ferrisburgh, Williston, Milton, other, no matter our differences in lifestyles, Westford, Underhill, South Burlington and DR. DAVID SATCHER skills, education or so called sanity. I have a Jericho. And for every one of them COTS of- ∑ Mr. GLENN. Mr. President, I deeply college degree, many skills and I want to fered not just a refuge but a chance to re- regret that we have been unable to work and to give to the community. What claim their own lives. We provided voc coun- I’m saying is that almost anyone could be- seling, job placement services, budgeting as- vote on the nomination of Dr. David come homeless after some unexpected mis- sistance, unremitting encouragement, and Satcher as the Surgeon General and fortune. Whether they can work or not they workshops on everything from nutrition to the Assistant Secretary of the U.S. still need food and clothing, safe shelter, and conflict resolution. For the children, we Public Health Service. people who care about them. . . I started to made certain that every child at our shelter As a graduate of Ohio’s medical work again last week and my home will be had a brand new backpack, fresh notebooks school system, Dr. Satcher is truly a open for anyone who needs a place to stay. I and pencils for school. commendable choice for our next Sur- won’t forget.’’ None of the work we did, none of the geon General. The expediency of his achievements, would be possible without all ‘‘I lost the comfort of my affordable apart- nomination process gives an over- ment when the building I lived in was closed of you gathered here today. You volunteer because of fire. Also, 49 other families were for our phonathon, and donate expert legal, whelming indication of the impressive displaced. The renovation of his building will financial and human resource advise to and extensive reach of his medical ca- take 18 to 24 months according to the owner. COTS. You answer the phones, spend time reer. It is a career in which Dr. Satcher I have not had comfortable housing since with the children at our shelter, and repair has placed considerable emphasis on that fire on September 7, 1996. My address our computers. You provide us with graphics the medically impoverished. He has was 127 St. Paul street where Vermont Tran- and design work that we could never other- demonstrated an unrelenting compas- sit was located. In the meantime, I’m num- wise afford. And you bring us brownies and sion for those less fortunate, and to cookies and flowers because you know the ber 1030 on the Burlington Housing Author- quote Dr. FRIST, ‘‘allowed science to work we do is sometimes heartbreaking. ity waiting list. What I miss most about my drive his decision making’’ throughout apartment was the peace of mind it gave me. During the HUD crisis this spring, you Sincerely, Arlen D.’’ came forward with calls, letters, and connec- his brilliant career. I’m not sure if Arlen knows yet that only tions. I want especially to thank Gretchen Born in rural Alabama his interest in 5 of the renovated units will be rented at a Morse who was my shrewd political advisor medicine grew after a near-fatal bout rate anywhere near what he can afford. and moral support during the worst days I’ve with whooping cough at the age of 2. We hear a lot these days about building ever had in the 5 years I’ve worked at COTS. Even though his parents had only the strong communities, and God knows, we’ve I am deeply grateful to Lucy Samara who benefit of elementary educations, they heard no end of how it takes a village to traveled to Montpelier, alerted the entire re- instilled in him the passion and drive raise a child. But what’s missing in all of ligious community about the crisis, and then to pursue his dreams. He received his those discussions is the primacy, the impor- worked the phones every night like a sea- tance and the function of home within any soned politician. She was extraordinary. It B.S. from Morehouse College and be- community or village. Think about what terrifies me to think what could have hap- came the first African-American to home means for all of us. It’s the place we pened without her leadership and initiative. earn both an MD and a Ph.D. from Case gather with family, it’s where we sleep and I’d like to thank Barbara Snelling for her el- Western Reserve University, while dream and let down our guard at the end of oquent support at the statehouse. And thank being elected to the Alpha Omega the day. Home is where we keep and cherish you to Doug Racine and the entire Alpha Honor Medical Society what we love: our family, our books and Chittenden delegation with special thanks to After excelling in medical school, Dr. music, whatever it is that we hold dear. It’s Jan Backus and Helen Reihle. I am also very Satcher began his career at the Martin the place we store all of the things we can’t grateful to Con Hogan for his advocacy with- Luther King Jr. Medical Center in Los bear to part with: our high school graduation in the Dean Administration. And most of all, photos, our grandmother’s wedding ring, a I want to thank Senator Leahy for standing Angeles. There he developed and fifth grade award for spelling. Home is the up to HUD. I deeply appreciate all of the chaired King-Drew’s Department of one place where we can create a safe world business owners, the religious leaders, our Family Medicine and served as the in- within a larger more threatening world. friends up at UVM who called or wrote on terim dean of the Charles R. Drew Losing a home means that you only keep our behalf. Finally, I want to thank those of Postgraduate Medical School. As in- what you can carry in your hands and on you without homes who had the courage to terim dean, he directed the King-Drew your back. It means leaving behind many of put your stories on paper. Sickle Cell Center for 6 years and nego- the belongings that remind you what has Someone from Senator Leahy’s staff told tiated the agreement with the UCLA mattered in your life. It means losing con- me that it was astounding what a diverse nection with your own history. For children, range of people called to voice their concerns School of Medicine and the Board of not having a home is devastating; it means about COTS. She said it was the most un- Regents. losing their pets, their storybooks and their likely array of people she could possibly Before being appointed to his current favorite toys. imagine. I told her to come to a COTS position of Director of the Centers for I cannot imagine the damage done when a walkathon if she wanted to see unlikely Disease Control and Prevention [CDC], child is torn from her home, when she sees combinations of people. This year we had Dr. Satcher returned to Atlanta to her family’s belongings piled up on the side- Trey Anastasio from the band Phish walking chair the Community Medicine Depart- walk, when she has no idea where she will beside a big deal lawyer from Green Moun- ment at Morehouse School of Medicine, sleep at night. I cannot imagine the pain a tain Power and they were walking just a few where he received the Watts Grassroots seven year old feels when he’s called ‘‘shelter feet ahead of 4 Sisters of Mercy, one of whom trash’’ by the other children in his school. was chatting with a liberal progressive or Award for Community Service in 1979. What I do know is that without the founda- maybe and anarchist who was walking just He then served as the president of tion of home, any efforts to build meaningful in front of a conservative businessman who Meharry Medical College in Nashville community will fail. It’s untenable to think was strolling along with a recovering alco- for the following decade. While at a village can raise healthy children when its holic who stayed at COTS Waystation 5 Meharry, he was the recipient of the children are sleeping in emergency shelters years ago. Heading up the rear was former National Conference of Christians and and on the streets. I remember what a local governor Tom Salmon and leading the walk Jews Human Relations Award was businessman said to me once, a pretty con- were Barbara Snelling and Patrick Leahy. elected to the Institute of Medicine of servative guy. He’d written a very large How is this possible? check for COTS. I asked him if he wanted his I believe that when you give your time and the National Academy of Sciences, and gift targeted to our job program which is support to COTS, you are doing far more was appointed to the Council on Grad- popular with many of our business sup- than writing a check or working on whatever uate Medical Education.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12636 CONGRESSIONAL RECORD — SENATE November 13, 1997 In November 1993, Dr. Satcher was James, and Jimmy Butts, the director This report is indicative of the enor- appointed as the Director of the Cen- at the Alabama Department of Trans- mity of the problem facing the com- ters for Disease Control and Prevention portation, and Don Vaughn, Assistant puter systems of the Federal Govern- [CDC]. With policies he initiated, he Transportation Director, I was alerted ment. I introduced S. 22 on the first has been credited with increasing child early on that if Congress failed to act day of this session to establish a bipar- immunization rates from 52 percent to on passing a transportation bill, crit- tisan national commission to handle a record 78 percent in 1996, and improv- ical transportation programs such as this problem—as a civil defense task ing the Nation’s capacity to respond to Interstate Maintenance, the National force would. Try as they might, offi- emerging infectious diseases. During Highway System, and needed bridge re- cials at the Office of Management and his tenure, the CDC has placed consid- pair throughout Alabama would cease Budget simply cannot address the enor- erable emphasis on prevention pro- by December. In addition, the Federal mity of the task at hand. Department of Transportation would grams as its breast and cervical cancer Every few days I have attempted to programs have now been expanded to have been forced to shut its doors and transportation contractors would have keep my colleagues informed of the all 50 States. In his current position, latest facets of the problem. On this Dr. Satcher has garnered even more been forced to lay off workers as Ala- bama and many other States curtailed last day of the first session let me add awards, including Ebony magazine’s but one more twist to the immense but American Black Achievement Award in or ceased awarding of transportation maintenance and construction con- manageable problem. If only we would Business and the Professions, the act. In the latest U.S. News and World Breslow Award for Excellence in Public tracts. To avoid this crisis, the Senate has enacted a short term solution to Report, John Marks reports on the Health, and recently the Dr. Nathan B. troublesome coincidence of converting Davis Award for outstanding public allow transportation projects to continue by providing additional funding to the new European currency at the service to advance the public health and increased flexibility of Federal time of the turn of the century. He and the John Stearns Award for Life- transportation funds to States. writes: time Achievement in Medicine from The temporary transportation reso- Even before it is introduced on January 1, the New York Academy of Medicine. lution passed by the Senate on Tuesday I believe HHS Secretary Dr. Donna 1999, the long awaited euro threatens to cost will allow Alabama access to Shalala described Dr. Satcher in the American business $30 billion or more to buy $174,469,000 for critical highway pro- best manner, when she said that he new software and recode old programs, as grams. This amount represents half the companies with interests on the other side of brings ‘‘world-class stature, manage- amount of Federal highway funds Ala- the Atlantic attempt to adapt to the new ment skill, integrity, and preventive bama was able to spend in fiscal year currency . . . the two problems would seem health care experience’’ to any office 1997. In addition, the Alabama Depart- to be unrelated. But the coincidence in tim- or title he may hold. President Clinton ment of Transportation will have the ing—the millennium bug and the currency has stated that Dr. Satcher should con- flexibility to transfer funds between change arrive within a year of each other— centrate heavily on reducing smoking, has transformed them into a larger single various transportation programs so crisis for many companies. particularly among children. As an ad- that planning, maintenance and expan- vocate for preventive health in family sion can continue as a comprehensive, Thus, international companies are medicine, Dr. Satcher has worked to long-term transportation bill is passed forced to deal with two conversions in heighten awareness about all Ameri- by Congress early next year. Once a the next 2 years; and not surprisingly, can’s health and will continue to do so. new long-term transportation bill is experts predict there will be a drought Mr. President, I believe that Dr. passed, the Secretary of Transpor- in the supply of consultants who know Satcher will bring the same profes- tation will offset each State’s fiscal how to do both. sionalism, dedication, skill, and most year 1998 funding to reflect the funds Again, U.S. News: of all character to this new position used by each State as a result of this that he has shown throughout his pro- extension. Last year, after dire warnings of a techno- fessional career. I strongly urge my Again, I would like to personally logical disaster at the dawn of the new cen- colleagues to support his nomination thank and congratulate Senator BOND tury, companies rushed to hire programmers to the post of Surgeon General of the for putting this package together with to save the day. In doing so, they created a United States.∑ our leaders of the Environment and labor shortage at a critical moment. Work on both the millennium bug and the euro f Public Works Committee, Senator transition requires knowledge of outdated SURFACE TRANSPORTATION CHAFEE, WARNER, and BAUCUS. While COBOL computer systems. So all of a sud- EXTENSION ACT many of my colleagues and myself den, most of the programmers who might be would have preferred a long-term solu- deployed to manage the transition to the ∑ Mr. SESSIONS. Mr. President, I tion to our transportation needs, this euro already have day jobs. would like to express my gratitude to short-term extension will allow Ala- As I have mentioned before on this the diligent work of our leaders in the bama and all States to continue their floor, we must also consider the con- Senate Environment and Public Works transportation planning, maintenance, version to the Euro and the labor Committee especially the chairman, and construction until a new, long- shortage created over the next few Senator CHAFEE and ranking member, term bill is negotiated and passed Senator BAUCUS along with the chair- hopefully early next year.∑ years when we consider the size of the man of the Transportation Sub- problem at hand. f committee, Senator WARNER in The year 2000 problem is now fairly crafting a comprehensive, 6 year trans- YEAR 2000 PROBLEM STILL well known; the need for action plainly portation bill. The bill unanimously LOOMING, REQUIRES ACTION clear. With the legislative year coming passed by the Senate Environment and ∑ Mr. MOYNIHAN. Mr. President, as to a close, I am hopeful my colleagues Public Works Committee makes we approach the end of the 1st session will realize this fact in the restful pe- progress towards building a more equi- of the 105th Congress, I would like to riod between now and January 27 and table formula for distributing Federal implore the Senate for one final time be eager to take action on my bill—S. transportation funds to the States. It to consider the urgency of the year 2000 22 with 18 copsonsors—in the year to is unfortunate Congress did not have crisis. This matter has been much dis- come. the opportunity to debate this bill dur- cussed and reported, but little action ing this session of Congress although I has taken place. In fact, the General I ask that the article ‘‘Latest Soft- look forward to building upon progress Accounting Office last week released a ware Nightmare’’ from the November made by the committee when the Sen- report that the Social Security Admin- 17, 1997, issue of U.S. News and World ate reconvenes in January. istration, once thought to be at the Report and ‘‘Social Security Gets Year The law which authorizes our Federal fore of the solution, faces a possible 2000 Warning’’ from the November 5 transportation program expired on crash of several crucial systems deal- Washington Post be printed in the September 30 of this year. Thanks to ing with disability determination serv- RECORD. the competent work of Gov. Fob ices. The article follows:

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12637 [From the U.S. News & World Report, Nov. the introduction of the currency. United Without specialized reprogramming, the 17, 1997] Parcel Service has done the same. Both firms systems will think the year 2000—or 00—is LATEST SOFTWARE NIGHTMARE—THE CUR- are looking into how to adapt their com- 1900, a glitch that could cause them to go RENCY CHANGE IN EUROPE COULD COST U.S. puter systems. haywire. FIRMS BILLIONS The change to the euro will affect some According to the GAO, private contractors companies more than others. For example, hired by the SSA to fix the year 2000 glitch (By John Marks) Bloomberg Financial Markets, the world’s on 42 of the 54 state disability determination For the past year or so, American busi- largest provider of financial information, services computers discovered 33 million ad- nesses have been forced to grapple with the will have to add the euro to 10 year’s worth ditional lines of code that need to be tested ‘‘millennium bug,’’ a computer programming of records—everything from trading prices to and, where necessary, fixed. glitch that threatens to wipe out bank ac- financial statements. In a recent Securities The SSA did not include the state dis- counts, financial statements, and databases and Exchange Commission filing, Alliance ability determination systems in its initial when the year 1999 becomes the year 2000. Gaming Corp. announced that it would prob- assessment of the date glitch, but now ac- Now, companies must brace themselves for ably have to ‘‘redesign new and, possibly, ex- knowledges that the systems are ‘‘mission another daunting—very expensive—software- isting’’ slot machines to accept new cur- critical’’ because of their importance in de- related problem, this one involving the new rencies. termining whether a person is medically eli- European currency known as the euro. While the initial changeover to the euro gible to receive disability payments, the Even before it is introduced on Jan. 1, 1999, may be a financial headache, the vast new GAO report said. the long-awaited euro threatens to cost market created by the currency is expected Analyzing and fixing the problem likely American business $30 billion or more to buy to be lucrative for American companies. And will be a massive undertaking. In just one of- new software and recode old programs, as no matter what it costs businesses on this fice, the GAO said it found 600,000 lines of companies with interests on the other side of side of the Atlantic to adjust their informa- code in 400 programs that operate the dis- the Atlantic attempt to adapt to the new tion technologies, they can rest assured that ability system. currency. No later than Dec. 31, 1998, people their European counterparts will be out even Without a full understanding of the scope doing business in Europe will have to rewrite more: The most recent estimate puts the of the problem on the state disability sys- their computer software to handle three dif- price of converting to the euro at $70 billion tems, ‘‘SSA increases the risk that benefits ferent base currencies at once. The value of for European businesses. and services will be disrupted,’’ the GAO the euro will have to be determined on a wrote. daily basis by its relationship to both the [From the Washington Post, Nov. 5, 1997] Kathleen M. Adams, SSA’s chief informa- dollar and other European currencies. In SOCIAL SECURITY GETS YEAR 2000 WARNING— tion officer, said the agency has recently re- other words, every bill, every financial state- MORE WORK NEEDED ON GLITCH, GAO SAYS ceived reports from all 50 states detailing ment, and every stock price in the nine (By Rajiv Chandrasekaran) their plans to fix the disability systems. countries set to join what is known as the The General Accounting Office today will ‘‘They will be tested and implemented by European Monetary Union will have to be warn that the Social Security Administra- December 1998, like the rest of Social Secu- ‘‘triangulated.’’ So far, says Sarwar tion (SSA) faces a possible computer crash in rity,’’ Adams said. ‘‘I am very comfortable Kashmeri, a corporate consultant special- the year 2000 because the agency has not [the disability systems] will be ready.’’ izing in the issue, no commercial software started analyzing or fixing several crucial Adams said five states already have fin- exists to make that calculation. ‘‘We have systems affected by the year 2000 software ished the conversion work for the disability been focusing very hard on the year-2000 glitch. systems. problem, but we’ve been missing the euro,’’ Among the systems not yet analyzed are The GAO also said the SSA faces a signifi- says Gary Johnson, an American attorney most of the 54 computer systems that oper- cant challenge in ensuring data that it ex- specializing in European securities markets. ate state disability determination services, changes with other federal and state agen- The two problems would seem to be unre- according to the GAO, the watchdog arm of cies will be year 2000 compliant. lated. But the coincidence in timing—the Congress. ‘‘Because SSA must rely on the hundreds millennium bug and the currency change ar- Those systems, which are operated by indi- of federal and state agencies and the thou- rive within a year of each other—has trans- vidual states but funded by the federal gov- sands of businesses with which it exchanges formed them into a larger, single crisis for ernment, process applicants for Supple- files to make their systems compliant, SSA many companies. The well-publicized millen- mental Security Income and Social Security faces a definite risk that inaccurate data nium-bug problem was unwittinly created by Disability Insurance, programs that cur- will be introduced into its databases,’’ the computer programmers in the 1960s. In an ef- rently assist 12.5 million people. GAO wrote.∑ fort to maximize scarce computer memory, ‘‘Disruptions to this service due to incom- programmers left the first two digits out of plete Year 2000 conversions will prevent or f the year designation, so that 1997 reads delay SSA’s assistance to millions of individ- OMNIBUS PATENT ACT OF 1997 merely ‘‘97.’’ Theoretically, when the year uals across the country,’’ Joel Willemssen, 2000 arrives, 90 percent of the world’s com- the GAO’s director of information resources ∑ Mr. BOND. Mr President, Congress puters will ‘‘think’’ it is 1900, creating all management, wrote in a report to be re- has the ‘‘power to promote the progress kinds of chaos. According to the cost con- leased today by Sen. Charles E. Grassley (R- of Science and useful Arts, by securing servative estimates, fixing the millennium Iowa) and Rep. Jim Bunning (R-Ky.). for limited times to Authors and Inven- bug will cost American business between $50 The GAO also said the Social Security Ad- tors the exclusive Right to their re- ministration has not developed adequate billion and $150 billion. spective Writings and Discoveries.’’ If BUG ZAPPER contingency plans in case its computers are not fixed in time. that phrase sounds familiar to my col- Last year, after dire warnings of a techno- The report, however, did not call into the leagues, it is because I lifted it straight logical disaster at the dawn of the new cen- question the agency’s ability to issue stand- from the Constitution. Article 1, sec- tury, companies rushed to hire programmers ard monthly Social Security checks in 2000 tion 8, known to many as the inventors to save the day. In doing so, they created a and beyond. labor shortage at a critical moment. Work clause. The SSA has long been touted as the fed- This section of the Constitution is on both the millennium bug and the euro eral agency that is most keenly aware of the transition requires knowledge of outdated year 2000 problem. The agency, whose ‘‘mis- the result of the foresight that our COBOL computer systems. So all of a sud- sion critical’’ systems collectively had been Founding Fathers had to cut a deal den, most of the programmers who might be thought to have about 34 million lines of with the creative minds of a fledgling deployed to manage the transition to the computer code, began making year 2000 re- country. The deal was rather simple, in euro already have day jobs. ‘‘There is a tre- pairs almost a decade ago. exchange for sharing their ingenuity mendous shortage of those kinds of skill As a result, SSA officials have been asked and their creations with the citizens of sets,’’ confirms Chris Fell, an executive at to hold seminars for other federal agencies this new country, the Congress would International Data corp. about the issue and have been singled out for Though the euro will be introduced in Jan- praise by Congress in the past. The new find- grant these inventors temporary mo- uary 1999, it will not become the sole cur- ings, congressional officials said, could cre- nopolies on their products and permit rency in Europe until July 1, 2002. On that ate a new round of uncertainty about the them to enjoy the proceeds of their in- date, all other currencies will be taken out federal government’s year 2000 preparedness. vention for a period of time, with the of circulation. While a large part of the U.S. ‘‘If Social Security, which we’ve thought weight of the law of the land to ensure business community remains skeptical that had everything under control, really doesn’t, those rights were protected. Europe will pull off this monetary feat, that raises new questions about other agen- This was a carefully thought out con- many companies have begun to accept that cies,’’ said a congressional staffer. it will. A few have begun to accept that it The year 2000 problem exists because most cept by rather brilliant individuals will. A few have begun to take steps. Du- large computer systems have used a two- with unquestioned foresight. In my Pont, which has a significant presence in Eu- digit dating system that assumes that 1 and opinion, this compromise has been a rope, has put together a team to prepare for 9 are the first two digits of the year. smashing success. In the past 220 years,

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12638 CONGRESSIONAL RECORD — SENATE November 13, 1997 the United States has become an eco- venture capital markets. Should the fi- correct and courageous in their stance. nomic, industrial, and intellectual su- nancial assistance be secured, the in- Unfortunately, they have been ridi- perpower. The creative product of the ventor can build a prototype, start a culed and vilified in the press by the U.S. is unmatched the world over and I business, hire people, and perhaps even Commissioner of the PTO, the indi- believe that the United States patent build a successful company and make vidual running the agency responsible system has played a central role in this money. for licensing billions of dollars in intel- success. I believe that strong patent protec- lectual property rights here in the Why am I sharing these thoughts tion is central to that equation. First, United States. In fact, I read that he with my colleagues, because it is just those with capital are not inclined to said that the opponents of this bill, like the Federal Government to take a fork over some money because it is the good idea and turn it on its head. There nice thing to do, they want assurances that would include myself, reside on is legislation pending on the Senate of return. The legally protected monop- the lunatic fringe. He also compared Calender, with the strong backing of oly provides that assurance. The fact our sanity to that of Timothy the Clinton administration, that would that our patent laws offer the strong- McVeigh—on behalf of the hardworking gut the protection and the incentives est possible protection also contributes inventors of this country, I find such offered inventors by our patent and to that assurance. The inventor’s idea comments outrageous and demeaning. trademark laws. This country’s inven- is held in secret at the patent office But rather than dignifying those ridic- tors have been an indispensable force until it is granted, which by the way ulous comments by responding on the in the success of which I have spoken. prevents theft. The law also grants a merits, I will share with my colleagues But this legislation would tip the bal- legal right upon which an inventor can a sampling of those that Mr. Lehman is ance of protection offered by patent bring a civil action for damages should saying reside on the lunatic fringe. laws away from these inventors and that idea be infringed upon. Strong First, I have been contacted by thinkers and open them to the hostile patent protection lends value and cer- countless inventors registering their environment of intellectual property tainty to this temporary monopoly. opposition, their creations include piracy and idea predators—common- Without the patent protection, ideas medical devices, drugs, machinery, place in other parts of the world. Our that are not backed by financial re- electronic technology, computer tech- inventors will be jerked from a protec- sources may never see the light of day tive environment, known for nurturing or else they may be gobbled up by a nology, and agricultural products—to creativity and advancing practical large company for pennies on the dol- mention a few. They share a fear that knowledge, and be cast into a far lar. If one does not hold a realistic be- this will open them up to litigation, harsher arena where it will be emi- lief that they can make a go of it with theft, and harassment while closing nently more difficult for inventors to their own idea, I believe that stifles down their opportunities to continue secure their rights and enjoy the re- important incentives present in Amer- their work. I have also been contacted wards of their creativity and entrepre- ica to pursue an idea or invent. But by men and women of science, econo- neurship—and possibly be driven from even more so, I do not believe this is mists, doctors, and professors. The their work all together. the American way. This is a great most notable group of objectors is a I am hear to speak out on behalf of country because anyone with an idea group of over 20 Nobel Laureates in the inventors and the small guys of and the fortitude to pursue that idea science and economics who have signed this country. People with ideas. I can make a go it. This country is full an open letter to the U.S. Senate op- would suspect that scattered through- of companies that began under just posing the bill. These great minds all out the bill there may be some good such circumstances. agree that this legislation could result ideas that may improve the efficiency This country needs its entrepreneurs, in ‘‘lasting harm to the United States of the Patent and Trademark Office, they are essential if we are to continue and to the world.’’ They also concur but taken as a whole the changes pro- to enjoy economic growth. Think about with the concerns I am advancing posed would stifle rather than promote the role of entrepreneurs and startup today that this bill will be very harm- the sciences and the useful arts. I be- companies in our economy. They come ful to small inventors and ‘‘discourage lieve the legislation is ill-conceived up with new ideas, they promote com- the flow of new inventions that have and I will fight it should it see Senate petition, they shake up old establish- contributed so much to America’s su- ments, they force competitors to be debate. perior performance in the advancement The past couple of weeks, the Senate smart and competitive, they inject of science and technology.’’ Finally, has been debating the state of manu- vigor and dynamism into our capital- these great scientists and economists facturing in the United States. Many of istic system. They create manufac- my colleagues have registered their turing jobs right here in the United have expressed concern that this bill concern that much of our manufac- States. They create secure and well- will create a disincentive to rely on the turing base has left the country and paying jobs for Americans. And they limited life of a patent to share their they fear that this trend will continue. give you, me, and our children new creations with the public, an occur- I believe that there is a future for man- technology and news ideas for all our rence which will sap the spirit of the ufacturing and industry in this coun- use. This force is essential to our inventors clause. try. I am very encouraged by the num- strength and continued growth and the I think that opposition should be ber of small businesses and startup patent laws are essential to allowing enough to convince just about anyone. companies presently thriving in the these start-ups to begin and then But respected others, including the United States. Much of our future lies thrive. New York Times, have spoken out. The with these startup businesses and Many of those that are pushing for Times editorial page has concluded small business people that are creating this bill are large companies with vast that this bill will ‘‘dampen the innova- new technology, starting companies, financial resources. Before they put tive spirit that helps sustain the Amer- and expanding employment opportuni- forward their arguments in favor of the ican economy.’’ The Times also cor- ties. But I believe we need to seize the legislation, I must challenge them to rectly notes that the American patent opportunity and continue to encourage ask themselves some important ques- system generates more and better pat- it. tions. Did not their companies begin ent applications than any other coun- This is where the patent comes into with a single person with an idea? Did try’s, but that this bill terribly threat- the equation. A great idea can come to they not seize the opportunities offered ens the incentives present in our sys- anyone, regardless of his or her capital in this country to grow and flourish? tem that stimulates that creativity. or financial resources. This is the point Did not the patent offer protection at which the magnificence of our sys- needed to pursuing that idea? Pulling I have also been contacted by Ross tem becomes clear to me. Should a per- the ladder up once you have made it to Perot, who has expressed in no uncer- son be the first with an idea and suc- the top is not the American way, but tain terms his absolute objection to cessfully document that idea, that per- that agenda is underlying much of this this legislation. As Mr. Perot reminded son can be granted a patent. The pat- legislation. me, patents are a constitutionally ent secures a monopoly and if it is a I support the inventors who are fight- guaranteed right which have been es- good idea it can be shopped around the ing these changes. I believe they are sential to countless Americans in their

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12639 fulfillment of the American dream. But Proponents are looking for changes not believe it is an accident. We in rather than celebrate this success in the system for challenges to patents, America have chosen our own path. story unique to America, we are pro- this may open small inventors to un- The goal of our patent system is to posing selling our inventors down the necessary expense and litigation. protect and reward entrepreneurs and river. Mr. Perot has called upon the Taken as a whole, there are profound innovative businesses, to encourage in- Members of Congress to ask themselves changes proposed. The collective vention and advancement of practical a simple question when considering weight, I believe, will hurt our small knowledge. The goal of many of our this bill, is it right or is it wrong? We inventors. competitor systems is to share tech- both agree it is wrong. And we are A quick word about an argument for- nology immediately, not to protect it. ready for a fight. Mr. Perot, whose warded by the bill’s proponents. They That results in preserving the cor- dedication to America and success as a will come to your office saying that porate hierarchy without giving businessman cannot be questioned, has this bill is necessary because there is a innovators the opportunity to compete. said, in the words of Isaac Hull, ‘‘If pariah lurking in the world of intellec- In other countries thoughts and ideas that fellow wants a fight, we won’t dis- tual property. He uses what is called a do not receive the level of reward that appoint him.’’ submarine patent to manipulate the they do here. The system works, let us There are other well-respected patent review process to reap unjusti- not destroy it. If we want to improve groups, small business groups and fied rewards from honest, hard-working the Patent Office, let’s get on with it. groups of concerned citizens that be- men and women. His greed and treach- But let us not organize a systematic lieve this legislation is bad policy and ery could potentially destroy thou- assault on the very system that has are lining up for a fight. sands of businesses and deal a crushing contributed so much to this country I will take the collective contribu- blow to our economy. becoming the greatest Nation on tion of those that oppose this bill and To that I respond—hogwash. Let’s en- Earth. stack them up against Mr. Lehman’s gage in an honest debate. When we in I ask that two letters and an op-ed be arguments any day. The inventors of Congress agreed to the implementing printed in the RECORD. this country should derive confidence language in the GATT agreement, we September 11, 1997. because they have the Constitution and agreed to change the U.S. patent term An Open Letter To the U.S. Senate: many great minds of science on their from a guaranteed 17 years to 20 years We urge the Senate to oppose the passage side and rhetoric on the other. from the date of filing. Supposedly, of the pending U.S. Senate Bill S. 507. We For those reviewing the bill, I would that was done to get at submarine pat- hold that Congress, before embarking on a like to point out some issues. revision of our time tested patent system, First, the proponents of the bill want ents. It does take away most if not all should hold extensive hearings on whether to create an infringement defense, of the incentive for an inventor to there are serious flaws in the present system known as a prior user right. The prior game the system and should drive a that need to be addressed and if so, how best user right is a bad idea for many rea- stake into the heart of wrongdoers. to deal with them. This is especially impor- sons. Foremost, it starts down a road In the process we made a tremendous tant considering that a delicate structure sacrifice that will cost many of our in- such as the patent system, with all its rami- that changes our ‘‘first to invent’’ sys- fications, should not be subject to frequent tem and overturns 200 years of U.S. ventors patent protection. Today, for each day beyond 3 years that a patent modifications. We believe that S. 507 could patent policy. The defense would not result in lasting harm to the United States only permit inventors to keep their lingers in the patent office, our inven- and the world. ideas secret, but it encourages them to tors will lose a day of patent protec- First, it will prove very damaging to keep them secret. Our first to invent tion. Should someone invent a better American small inventors and thereby dis- system protects small inventors. If potato peeler or candy wrapper, it courage the flow of new inventions that have they document their invention, they probable won’t be in the office today. contributed so much to America’s superior But the change could have a significant performance in the advancement of Science will not have to engage in a race to the and technology. It will do so by curtailing patent office. They will have time to affect on those attempting to get a patent on breakthrough technology. Such the protection they obtain through patents tinker and perfect their inventions relative to the large multi-national corpora- without being forced to file early and technology can often stay under review tions. then file for all perfections, a costly in the office for years and subsequently Second, the principle of prior user rights process for a small inventor. our inventors have lost years of protec- saps the very spirit of that wonderful insti- The defense will hurt small inventors tion compared with what they enjoyed tution that is represented by the American in the capital markets because it will before the change. Our inventors have patent system established in the Constitu- undermine the certainty of the patent. made a great sacrifice to root out the tion in 1787, which is based on the principle As I said this certainty is important to wrongdoers in the system. But the pro- that the inventor is given complete protection but for a limited length of time, after attracting capital and the capital is ponents of this bill want more. They do have more. The PTO has a which the patent, fully disclosed in the ap- important for underfunded inventors to plication and published at the time of issue, take their products to market. Should computer system designed to track becomes in the public domain, and can be one have an invention that requires ex- patent applications that appear to be used by anyone, under competitive condi- pensive testing, the idea can not be those of one attempting to game the tions for the benefit of all final users. It will perfected without finances. Capital is system. The Commissioner also has the do so by giving further protection to trade essential for inventors to role out their power to order that the application of secrets which can be kept secret forever, own ideas. This section poses many one attempting to game the system is while reducing the incentive to rely on lim- problems about which I could speak for published, further curtailing the possi- ited life patents. quite some time, but I will refrain. The bility of the submarine patents. Fi- Nobel Laureates in support of the letter to con- reasons will be aired fully in time. nally, the Commissioner himself has gress, re: Senate Bill 507 Many proponents want to force all said that only 1 percent of 1 percent of Franco Modigliani, (1985, Economics) MIT. inventors to publish their ideas after 18 patent applications could be considered Robert Solow, (1987, Economics) MIT. Mario Molina, (1995, Chemistry) MIT. months, regardless of whether the pat- submarine patents. Roald Hoffman, (1981, Chemistry) Cornell. ent review process is completed. Some The Commissioner has plenty of tools Milton Friedman, (1976, Economics) Uni- changes have been made to scale this at his disposal to curb this problem if versity of Chicago. back, but many are laying in wait to it in fact exists. If the problem is out of Richard Smalley, (1996, Chemistry) Rice. see this implemented. I believe this control, then I believe the problem lies Clifford Shull, (1994, Physics) MIT. would open our inventors to theft. with the Commissioner and those with Herbert A. Simon, (1978, Economics) Car- Small inventors would have to go to complaints would be better served lev- negie-Mellon. court to recoup their just rewards and eling their concerns at the other end of Douglass North, (1993, Economics) Wash- would have to depend on costly litiga- ington University. Pennsylvania Avenue. Dudley Herschbach, (1986, Chemistry) Har- tion. Many say, ‘‘We won’t steal I will conclude by saying that bril- vard. ideas,’’ I hope not, but this is the busi- liant minds have been drawn to this Herbert C. Brown, (1979, Chemistry) Pur- ness world. I am unwilling to put small country and the brilliant minds native due. inventors at this sort of a risk. to this country have flourished. I do David M. Lee, (1996, Physics) Cornell.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12640 CONGRESSIONAL RECORD — SENATE November 13, 1997 Daniel Nathans, (1978, Medicine) Johns Using their brains, wits, and creativity as will be forced to defend their actions in their Hopkins. a substitute for money, they successfully 1998 campaigns. It will be a major Constitu- Doug Osheroff, (1996, Physics) Stanford. created this new product and now hold over tional violation issue in the 2000 campaigns. Har Gobind Khorana, (1968, Medicine) MIT. 25 patents. Isn’t it time for our elected officials to Herbert Hauptman, (1985, Chemistry) John Deere purchased the technologies and stop debating whether their actions are legal Hauptman-Woodward Medical Research In- patent rights for several million dollars. or illegal, and ask only one question, ‘‘Is it stitute. I had the privilege of showing 4,000 Future right or wrong?’’ John C. Harsanyi, (1994, Economics) UC Farmers of America a videotape of their Finally, before voting for this Bill, ask Berkeley. great work. These teenagers were electrified, every member of the House and Senate who Paul Berg, (1980, Chemistry) Stanford. because Ralph’s and Mark’s success made plan to vote for this Bill, to read the words Henry Kendall, (1990, Physics) MIT. these young people realize that it is still pos- of Isaac Hull, Captain of the U.S.S. Constitu- Paul Samuelson, (1970, Economics) MIT. sible to dream great dreams in America and tion, Old Ironsides—‘‘If that fellow wants a James Tobin, (1981, Economics) Yale. make those dreams come true. fight, we won’t disappoint him.’’ Jerome Friedman, (1990, Physics) MIT. Again, thank you for your leadership— Sidney Altman, (1989, Chemistry) Yale. Can’t we agree that inventors should not Robert F. Curl, (1996, Chemistry) Rice. have their Constitutional rights violated and thank you for your courage—thank you for William Sharpe, (1990, Economics) Stan- they should be paid for their creative ideas standing on principle. ford. and inventions? Sincerely, Merton Miller, (1990, Economics) U. of Chi- Patent rights and the creativity and inge- ROSS PEROT. cago. nuity of United States inventors have been instrumental in giving the United States our [From the New York Times, Oct. 17, 1997] REFORM PARTY world leadership. A BAD PATENT BILL OF THE UNITED STATES, Why is this happening? Because our large The Senate is considering a misguided bill Dallas, TX, November 4, 1997. corporations, foreign governments, and for- to recast the patent laws in ways that would Hon. CHRISTOPHER S. BOND, eign companies who contributed millions of threaten small inventors and dampen the in- Russell Building, Senate Office Building, U.S. dollars to the 1996 political campaigns want novative spirit that helps sustain America’s Senate, Washington, DC. to steal our inventors’ new patents. If you economy. The bill is so mischievous that it DEAR SENATOR BOND: I want to thank you question this statement, get a list of the has attracted an unusual coalition of oppo- personally for having the courage and integ- companies working to lobby this change nents—including the icon of of liberal econo- rity to oppose the Patent Bill now pending through Congress. mists, Paul Samuelson, the icon of conserv- before Congress—Senate Bill 507. This Bill Patents are property rights under U.S. ative economists, Milton Friedman, and 26 will destroy our patent system and remove Law. It is immoral and inexcusable for large other Nobel Prize-winning scientists and all incentives for people to create revolu- corporations to band together and spend a economists. tionary new products. fortune trying to lobby this Bill secretly Patent laws currently require inventors to In addition, I would like to thank Senate through Congress, so that the creative ideas disclose their secrets in return for the exclu- Majority Leader Trent Lott for standing on of United States inventors can literally be sive right to market their product for up to principle and refusing to allow this bill to be stolen. 20 years. Early disclosure helps the economy sneaked through the Senate without hear- Why don’t these people admit that what by putting new ideas immediately into the ings or debate. they are trying to get done is no better than hands of people who, for a fee to the patent Obviously, some members of the Senate robbing a bank. In fact, it is even worse to holder, find novel and commercially applica- feel that the owners of the country—the peo- steal an individual’s inventions so that com- ble uses for these ideas. Extended protection, ple—have no right to know what Congress is panies can increase corporate profits. meanwhile, provides a huge incentive for in- doing. If this is such a good idea, why has this ventors to keep inventing. The American Under this law, inventors’ new products whole process been carried out behind closed system generates more and better patent ap- still pending approval, will be made avail- doors in Congress, with people supporting plications than any other country’s. able to all nations, with many countries this Bill doing everything they can to avoid The Senate bill would weaken patent pro- shamelessly mass-producing these products public debates on the floor of the House and tection for small inventors by requiring in- and ignoring the inventors’ rights. Senate? ventors who file for both American and for- The only recourse for the inventor is to pe- The answer it is cannot stand the harsh eign patents to publish their secrets 18 tition the newly created World Trade Organi- light of public scrutiny. months after filing rather than when the zation, where our country only has one I want to thank you and every member of patent is issued. Small inventors say that unweighted—and believe it or not, the inven- the House and Senate who have stood up to premature publication gives away their se- tor has no recourse in the United States the tremendous pressure you are subjected cret if their application fails. It would also court system. Does anybody really think to. I know that many of you have been allow large corporations with the financial that this complies with our Constitution? threatened about what the special interests muscle to fend off subsequent legal chal- Granting patent rights to inventors is a will do to you in the next election. You are lenges to maneuver around the patent even if Constitutional right—clearly spelled out in living Commodore Maury’s words—‘‘When it is later issued. our Constitution in Article I, Section 8. principle is involved, be deaf to expediency.’’ Worse, the bills would encourage corpora- Please remind every member of Congress Just let these people know that all the spe- tions to avoid the patent process altogether. that it is illegal to amend the Constitution cial interest money in the world is not worth Under current law, companies that rely on by passing laws. one penny unless it will buy the votes of the unpatented trade secrets run the risk that The only way the Constitution can be American people. I, and millions of other someone else will patent their invention and amended is through the amendment process. Americans who share your concerns over charge them royalties. The Senate bill would Isn’t this a whole lot better than leaving it Constitutional rights and protecting our in- permit companies whose trade secrets are up to the lobbyists, foreign governments, ventors’ great new ideas, will be working later patented by someone else to continue and corporations? The framers of the Con- night and day to see that people who have to market their products without paying stitution knew what they were doing. Let’s the character and integrity to stand up to royalties. Encouraging corporations to hide follow the rules. this tremendous pressure are overwhelm- secrets is the opposite of what an economy Congress has no business even thinking ingly re-elected. that relies on information needs. about circumventing the Constitution with a I challenge the people supporting this Bill Pesky patent holders do in fact get in the combination of federal law and international to come out of the closet, face the American way of large corporations. But the economy trade agreements. people, and have an open debate on this thrives on independent initiative. Small in- What would our country and the world be issue, but I won’t hold my breath waiting for ventors need ironclad patent protection so like today if Robert Fulton has not invented them to do it. That is not the way they oper- that they are not forced into a legal scrum the steam engine, Thomas Edison had not in- ate, and they will all be embarrassed if they with financial giants. The House of Rep- vented the electric light, Alexander Graham attempt to do it. resentatives and the Senate Judiciary Com- Bell had not invented the telephone and I will pay for the television time to allow mittee approved the patent bill without made instant worldwide communication pos- a national debate on this issue. The only hearing the country’s leading economists sible, The Wright brothers had not invented problem we will have is that the people who and scientists make their case. Senate spon- the airplane, Edwin Armstrong had not har- are for this Bill will not show up, because it sors now say they will try. Congress needs to nessed the airways and made radio and tele- cannot withstand the light of public scru- hear the critics out before proceeding to any vision possible, Jack Kilby and Robert Noyce tiny, and they will pressure the television more votes.∑ had not invented the integrated circuit, just networks not to sell the time. to mention a few. If this Bill passes, A Constitutional lawsuit f A few years ago two young men, Ralph will be filed immediately. Foreign nations CONNECTICUT TEACHER OF THE Lagergren and Mark Underwood, from Kan- and corporations will know that the 21st YEAR sas had revolutionary ideas about how to im- Century pirates for hire reside in the U.S. prove the combine used to harvest grain. Congress. Those who vote for it will be paid ∑ Mr. DODD. Mr. President, I rise They had great ideas, but no money. off handsomely. The people who voted for it today to offer congratulations to an

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12641 outstanding mathematics teacher, which has united Canada and the stance releases, some major strides Marianne Roche Cavanaugh, who has United States in their dedication to have been accomplished. The cor- been named the 1998 Connecticut protecting the biological, chemical, morant population in the Great Lakes Teacher of the Year. Mrs. Cavanaugh and physical integrity of the Great region has significantly increased from has demonstrated a lifetime of dedica- Lakes. The commitment of both coun- 1950’s to 1970’s levels when the number tion to the students of Glastonbury’s tries to manage water quality on an of nesting pairs of cormorants dropped Public Schools, and she has set a ecosystem basis has been so successful by 86 percent. Between 1971 and 1989, standard of excellence for both her stu- that other regions often praise our ac- concentrations of DDE and PCB’s de- dents and other educators. I want to complishments and strive to achieve creased in cormorant eggs by more express my gratitude and admiration the same high quality of management. than 80 percent. for the commitment that she has dis- I applaud the efforts of both countries An additional refinement of the played over her 22 years in teaching. in the last 25 years to achieve the goals Great Lakes Water Quality Agreement Mrs. Cavanaugh has had a distin- set forth in the Great Lakes Water occurred with the 1987 protocol which guished career marked with various Quality Agreement and urge that they reinforced the 1978 commitments of the awards and achievements. She single- continue to work cooperatively to two countries and highlighted the im- handedly created the Gideon Wells maintain and improve Great Lakes portance of human and aquatic eco- Marathon—an academic and commu- water quality during the next 25 years. system health. Provisions were added nity involvement program for 7th and On April 15, 1972, the Great Lakes to clean up 42 local areas of concern in 8th graders. Since 1994, students have Water Quality Agreement was signed the Great Lakes and included the de- raised more than $20,000 by securing by President Richard Nixon and Prime velopment and implementation of re- pledges for each math problem they Minister Pierre Trudeau as a bina- medial action plans [RAP’s] and solve in 1 hour during the Marathon. tional pledge to reduce and prevent lakewide management plans. A challenge to controlling pollutants The accumulated funds have been do- pollution in the Great Lakes. The im- entering the Great Lakes exists since nated to charities chosen by the stu- petus for this agreement was the dete- toxics and other pollutants enter the dents. In addition, Mrs. Cavanaugh has riorated quality of the Great Lakes system in numerous ways. Therefore, into which we discharged our untreated directed district-wide professional de- the 1987 protocol also focused on velopment, and has co-developed a wastes. In fact, Lake Erie was declared nonpoint source pollution, contami- problem solving math curriculum, dead because of its poor quality and nated sediments, airborne toxic sub- which emphasizes writing, calculator the Cuyahoga River had even caught stances, and contaminated ground- use, problem solving, and interdiscipli- fire. Lake Erie and Lake Ontario suf- water. nary activities. Imaginative and pro- fered from high phosphorus loadings Since the 1987 protocol, accomplish- ductive ideas such as these have earned which caused excessive amounts of ments have been made in the areas of Mrs. Cavanaugh the distinction of algae to grow and deplete the water of concern. In 1994, Collingwood Harbour, being a finalist for the prestigious oxygen. Low oxygen levels in the lakes ON, attained its restoration goals. The Presidential Award for Excellence in caused fish to die. Other contaminants community worked together to insure Mathematics and Science Teaching in discharged into the water entered the that the contaminated sediments and both 1986 and 1998, as well as being the food chain and caused deformities in deteriorated fish and wildlife habitats winner of the Celebration of Excellence the fish and wildlife of the region. were dealt with in an innovative and Award in 1986. The initial agreement concentrated cost-effective manner. On our side of The purpose of the Connecticut on reducing phosphorus and pollutants the border, a fish consumption advi- Teacher of the Year Program is to entering our lakes through municipal sory was lifted for the first time in two identify, from among many out- and industrial discharges. As a result decades at Waukegan Harbor, IL, in standing teachers, one teacher to serve of the 1972 Great Lakes Water Quality February of this year. The harbor is an as a visible and vocal representative of Agreement, phosphorus levels signifi- area of concern which has been under- what is best in the profession. Through cantly decreased in the Great Lakes. In going remediation efforts to clean up her innovative ideas, dedication to the Lake Erie and Ontario, phosphorus the largest known-concentration of institutional development of mathe- loadings have been reduced by almost PCB’s and PCB contaminated sedi- matics, and love for her profession and 80 percent. The United States and Can- ments. her students, Mrs. Cavanaugh has ada achieved this binational goal Though toxic substances continue to clearly earned this prestigious honor. through improvements in sewage treat- pollute the Great Lakes and threaten While I commend Mrs. Cavanaugh for ment, lowering the levels of phos- the health of humans and wildlife, her display of excellence in teaching, I phorus in detergents, and reducing ag- there also have been accomplishments want also to mention that her work is ricultural runoff. in controlling some toxics. For in- representative of the work of many While significant improvements were stance, concentrations of poly- educators that too often remain unrec- being made in controlling phosphorus chlorinated compounds, such as dioxins ognized. A survey done by the National and other wastewater discharges, re- and furans which are used in the Center for Education Statistics in 1995 searchers showed that toxic substances bleaching process of pulp and paper found that only 54 percent of all teach- were a major concern. Persistent toxic mills, have decreased in the Great ers feel respected by society in their substances, such as DDT, DDE, mer- Lakes by 90 percent since the late profession. Teachers fill an enormously cury, and PCB’s, bioaccumulate in or- 1980’s. important role in shaping the develop- ganisms and increase in concentration While improvements in Great Lakes mental experiences of children during up the food chain. Some substances water quality are evident, they have the impressionable ages of childhood have been shown to cause birth defects not come quickly enough nor have they and adolescence. They serve not only in wildlife and adverse health effects in addressed all facets of the problem. to educate, but to mentor, motivate, humans. Moreover, the most difficult challenge influence, and inspire our children. As a result, the Great Lakes Water laid out by the Great Lakes Water Thanks to Mrs. Cavanaugh and other Quality Agreement was revised in 1978 Quality Agreement is still before us— quality teachers like her throughout to meet the challenge of controlling the virtual elimination of persistent the State and the Nation, we have a toxics and included an ecosystem ap- toxic substances. Much more work brighter future ahead of us.∑ proach to managing the water quality needs to be done in this arena. Fortu- f of the Great Lakes basin. The two nately, the Great Lakes Water Quality countries committed themselves to Agreement is precisely the vehicle THE 25TH ANNIVERSARY OF THE achieving zero discharge of toxic sub- which will enable us to rise to the chal- GREAT LAKES WATER QUALITY stances in toxic amounts and the vir- lenge of virtually eliminating per- AGREEMENT tual elimination of persistent toxic sistent toxic substances in the Great ∑ Mr. GLENN. Mr. President, this year substances. Lakes. Though crafted 25 years ago, marks the 25th anniversary of the Due to the United States and Cana- the agreement and its amendments re- Great Lakes Water Quality Agreement, dian commitment to reduce toxic sub- main, in its current form, a vital road

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12642 CONGRESSIONAL RECORD — SENATE November 13, 1997 map for the restoration and protection SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS and arrived in Grand Forks to be a part of the Great Lakes. I hope that my col- FOR THE QUARTER ENDING 09/30/97—Continued of the onsite assistance team. leagues will join me in respecting this While in Grand Forks Michele agreement so that future generations Fiscal brought a local perspective to the Fed- year 1997 Total Pieces Cost per will be able to enjoy a thriving Great Senators official pieces per cap- Total cost capita eral disaster response and her firsthand ∑ mail allo- ita Lakes ecosystem. cation experience was enormously helpful in our efforts to lay the groundwork for f Kempthorne ...... 44,496 0 ...... 0.00 ...... Kennedy ...... 104,638 0 ...... 0.00 ...... North Dakota’s long-term recovery. In SENATE QUARTERLY MAIL COSTS Kerrey ...... 50,818 0 ...... 0.00 ...... her work, she earned high praise and Kerry ...... 104,638 0 ...... 0.00 ...... ∑ Mr. WARNER. Mr. President, in ac- Kohl ...... 91,527 0 ...... 0.00 ...... recognition from community leaders cordance with section 318 of Public Kyl ...... 83,872 0 ...... 0.00 ...... up and down the Red River Valley. Landrieu ...... 62,755 0 ...... 0.00 ...... We will miss Michele’s contributions Law 101–520 as amended by Public Law Lautenberg ...... 124,195 503 0.00006 405.81 0.00005 103–283, I am submitting the frank mail Leahy ...... 38,357 7,380 0.01295 1,570.68 0.00276 to the office, including her cheerful Levin ...... 143,028 0 ...... 0.00 ...... presence and enthusiasm. Thanks, allocations made to each Senator from Lieberman ...... 71,425 0 ...... 0.00 ...... the appropriation for official mail ex- Lott ...... 62,491 0 ...... 0.00 ...... Michele, for a job well done. We wish Lugar ...... 100,503 0 ...... 0.00 ...... you well as you move on to your next penses and a summary tabulation of Mack ...... 230,836 0 ...... 0.00 ...... Senate mass mail costs for the fourth McCain ...... 83,872 0 ...... 0.00 ...... assignment.∑ McConnell ...... 77,040 0 ...... 0.00 ...... quarter of fisal year 1997 to be printed Mikulski ...... 90,835 0 ...... 0.00 ...... f in the RECORD. The fourth quarter of Moseley-Braun ..... 163,870 385,000 0.03310 56,505.14 0.00486 MONTEFIORE MEDICAL CENTER fiscal year 1997 covers the period of Moynihan ...... 232,926 0 ...... 0.00 ...... Murkowski ...... 37,990 286,000 0.48722 41,965.64 0.07149 ∑ July 1, 1997 to September 30, 1997. The Murray ...... 97,506 207,437 0.04039 38,963.42 0.00759 Mr. D’AMATO. Mr. President, I rise Nickles ...... 73,454 0 ...... 0.00 ...... to discuss one important health care official mail allocations are available Nunn ...... 31,770 0 ...... 0.00 ...... for frank mail costs as stipulated in Pell ...... 11,158 0 ...... 0.00 ...... initiative in New York State. This wor- Pressler ...... 10,108 0 ...... 0.00 ...... thy project is the Montefiore Medical Public Law 104–197, the Legislative Pryor ...... 16,371 0 ...... 0.00 ...... Branch Appropriations Act for fiscal Reed ...... 32,752 0 ...... 0.00 ...... Center and it is located in the Bronx year 1997. Reid ...... 50,755 18,600 0.01402 3,985.75 0.00300 section of New York City. Robb ...... 109,107 0 ...... 0.00 ...... The Montefiore Medical Center sys- The material follows: Roberts ...... 47,525 0 ...... 0.00 ...... Rockefeller ...... 53,135 101,379 0.05595 18,263.09 0.01008 tem, established over 100 years ago, is Roth ...... 40,023 0 ...... 0.00 ...... SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS Santorum ...... 176,220 0 ...... 0.00 ...... an integrated health delivery system FOR THE QUARTER ENDING 09/30/97 Sarbanes ...... 90,835 0 ...... 0.00 ...... with two acute care hospitals providing Sessions ...... 63,649 0 ...... 0.00 ...... Shelby ...... 83,692 0 ...... 0.00 ...... access to over 1,000 beds, 30 commu- Fiscal Simon ...... 44,289 0 ...... 0.00 ...... nity-based primary care centers, and a year 1997 Total Pieces Cost per Simpson ...... 9,473 0 ...... 0.00 ...... range of other outreach services oper- Senators official pieces per cap- Total cost capita Smith, Bob ...... 44,910 0 ...... 0.00 ...... mail allo- ita Smith, Gordon ..... 53,158 0 ...... 0.00 ...... ating in the Bronx and the surrounding cation Snowe ...... 46,609 0 ...... 0.00 ...... Specter ...... 176,220 0 ...... 0.00 ...... communities. Through its extensive Abraham ...... $143,028 0 ...... $0.00 ...... Stevens ...... 37,990 0 ...... 0.00 ...... network, including comprehensive-care Akaka ...... 43,336 0 ...... 0.00 ...... Thomas ...... 37,266 1,055 0.00226 244.00 0.00052 Allard ...... 59,148 0 ...... 0.00 ...... Thompson ...... 96,062 0 ...... 0.00 ...... sites in some of the Nation’s most eco- Ashcroft ...... 97,617 1,689 0.00033 582.70 $0.00011 Thurmond ...... 76,388 0 ...... 0.00 ...... nomically deprived areas, Montefiore Baucus ...... 41,864 6,996 0.00849 5,683.59 0.00690 Torricelli ...... 94,702 238,000 0.03056 34,093.31 0.00438 Bennett ...... 50,841 0 ...... 0.00 ...... Warner ...... 109,107 0 ...... 0.00 ...... provides care to medically underserved Biden ...... 40,023 0 ...... 0.00 ...... Wellstone ...... 85,350 0 ...... 0.00 ...... residents. The Montefiore system pro- Bingaman ...... 50,582 700 0.00044 160.10 0.00010 Wyden ...... 70,009 0 ...... 0.00 ...... Bond ...... 97,617 0 ...... 0.00 ...... vides nearly 20 percent of all inpatient Boxer ...... 382,528 29,800 0.00097 4,844.53 0.00016 acute care, and nearly 40 percent of all Bradley ...... 33,378 0 ...... 0.00 ...... f Breaux ...... 82,527 0 ...... 0.00 ...... tertiary care required by Bronx resi- Brown ...... 20,625 0 ...... 0.00 ...... TRIBUTE TO MICHELE JOHNSON dents, including over $50 million in un- Brownback ...... 52,198 0 ...... 0.00 ...... ∑ Bryan ...... 50,755 18,600 0.01402 3,985.50 0.00300 Mr. CONRAD. Mr. President, I rise compensated charity care annually. In Bumpers ...... 62,350 0 ...... 0.00 ...... for the purpose of commending the ef- addition, in partnership with the Chil- Burns ...... 41,864 0 ...... 0.00 ...... Byrd ...... 53,135 0 ...... 0.00 ...... forts of Michele Johnson, a legislative dren’s Health Fund, Montefiore admin- Campbell ...... 77,822 0 ...... 0.00 ...... assistant on my staff who will be leav- isters the Nation’s largest medical pro- Chafee ...... 43,394 0 ...... 0.00 ...... Cleland ...... 90,218 0 ...... 0.00 ...... ing the Senate at the end of this ses- gram for homeless children. Coats ...... 100,503 0 ...... 0.00 ...... sion. Michele’s conscientiousness and The Bronx is home to 400,000 children Cochran ...... 62,491 0 ...... 0.00 ...... Cohen ...... 12,042 0 ...... 0.00 ...... exceptional work will be missed. under age 21. In 1995, Montefiore con- Collins ...... 35,217 92,500 0.07490 11,020.20 0.00892 Michele Johnson, a native of rural ducted an extensive review of the Conrad ...... 38,762 34,800 0.05472 4,710.37 0.00741 Coverdell ...... 118,346 0 ...... 0.00 ...... Michigan, ND, and graduate of the Uni- health status of Bronx children and Craig ...... 44,496 0 ...... 0.00 ...... versity of North Dakota, has served on concluded that the overwhelming ma- D’Amato ...... 232,926 0 ...... 0.00 ...... 1 Daschle ...... 39,578 0 ...... 0.00 ...... my staff for almost 3 ⁄2 years. Michele jority are at serious health risk, for DeWine ...... 164,923 51,754 0.00470 39,763.91 0.00361 has distinguished herself by her metic- reasons such as abuse, pediatric AIDS, Dodd ...... 71,425 619 0.00019 529.01 0.00016 Domenici ...... 50,582 0 ...... 0.00 ...... ulous attention to detail and her abil- lead poisoning, and asthma. In par- Dorgan ...... 38,762 19,363 0.03044 3,197.15 0.00503 ity to tackle a wide range of issues ticular, asthma is the most serious Durbin ...... 125,121 0 ...... 0.00 ...... Enzi ...... 28,054 0 ...... 0.00 ...... critical to our State. She has been of health risk to Bronx children. Nearly Exon ...... 13,199 0 ...... 0.00 ...... great help in our work to bring change one-third of births in the borough are Faircloth ...... 121,600 0 ...... 0.00 ...... Feingold ...... 91,527 0 ...... 0.00 ...... to the Nation’s agricultural credit sys- to teenage mothers who receive no pre- Feinstein ...... 382,528 18,519 0.00060 2,389.06 0.00008 tem in order to help farmers who are natal care. As a result, the child hos- Ford ...... 77,040 0 ...... 0.00 ...... Frist ...... 96,062 0 ...... 0.00 ...... struggling financially. She has also pitalization rate is 50 percent above the Glenn ...... 164,923 0 ...... 0.00 ...... played an instrumental role in efforts national average. Gorton ...... 97,506 288,528 0.05618 55,591.33 0.01082 Graham ...... 230,836 0 ...... 0.00 ...... we have undertaken to bring much Montefiore’s study also demonstrated Gramm ...... 251,855 1,131 0.00006 384.55 0.00002 needed economic and rural develop- that a fundamental restructuring of its Grams ...... 85,350 178,000 0.03973 30,536.17 0.00682 Grassley ...... 65,258 283,000 0.10064 50,124.50 0.01783 ment to every corner of North Dakota. pediatric health care delivery system Gregg ...... 44,910 0 ...... 0.00 ...... Her accomplishments in these areas should be necessary to meet the grow- Hagel ...... 38,444 0 ...... 0.00 ...... Harkin ...... 65,258 0 ...... 0.00 ...... will have a positive impact for years to ing challenge of providing services to Hatch ...... 50,841 0 ...... 0.00 ...... come. these extremely at-risk children. Man- Hatfield ...... 18,477 0 ...... 0.00 ...... Heflin ...... 22,240 0 ...... 0.00 ...... A lawyer by training, Michele has aged care is rapidly transforming how Helms ...... 121,600 0 ...... 0.00 ...... most recently tackled a very difficult health care services are delivered in Hollings ...... 76,388 0 ...... 0.00 ...... Hutchinson ...... 47,286 0 ...... 0.00 ...... assignment. In the wake of this year’s underserved communities. To remain Hutchison ...... 251,855 0 ...... 0.00 ...... millennium flood, she volunteered to viable in the evolving health care mar- Inhofe ...... 73,454 0 ...... 0.00 ...... Inouye ...... 43,336 0 ...... 0.00 ...... go to Grand Forks to assist in the Red ketplace, Montefiore’s child health Jeffords ...... 38,357 91,796 0.16105 15,903.49 0.02790 River Valley’s disaster recovery ef- treatment, prevention, and education Johnson ...... 29,826 71,600 0.10070 14,035.58 0.01974 Johnston ...... 21,919 0 ...... 0.00 ...... forts. Even before the floodwaters had services must be organized and effi- Kassebaum ...... 16,457 0 ...... 0.00 ...... receded, Michele had packed her bags ciently coordinated.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12643 Montefiore has long been recognized the Committee encourages the Department Richard Caputo to be a U.S. District as one of the Nation’s premier pedi- to assist in the planning of this new facility Judge for the Middle District of Penn- atric research and training institu- and its potential programs. sylvania. Mr. Caputo is a well-qualified tions, having trained a significant per- Mr. President, I look forward to nominee. centage of the country’s pediatricians. working with the administration, the The nominee has decades of legal ex- In recent years, Montefiore has lost Congress, and the medical center on de- perience in the private practice of law substantial numbers of pediatric spe- veloping a Federal partnership for this at the firm of Shea, Shea & Caputo in cialists to more traditional children’s initiative. This initiative could serve Kingston, PA. Prior to joining this hospitals which could have a dramatic as a national model of how complete firm, he served the public interest as a impact on the numbers of physicians health systems can adapt and respond assistant public defender in Luzerne who practice in inner-city commu- to the very unique and challenging County, PA. The American Bar Asso- nities. To ease the competitive dis- health needs of children in medically ciation has found him to be qualified advantage and ensure its capacity to underserved urban communities.∑ for this appointment. retain critically needed pediatric re- f We first received Mr. Caputo’s nomi- sources for the Bronx, Montefiore must CONFIRMATION OF CHARLES R. nation on July 31, 1997. He had a con- consolidate pediatric specialists and BREYER TO BE UNITED STATES firmation hearing on September 5. He specialty care in one location, a chil- DISTRICT JUDGE FOR THE was unanimously reported by the com- dren’s hospital. NORTHERN DISTRICT OF CALI- mittee on November 6. With the strong To meet the enormous challenge of FORNIA support of Senator SPECTER, this nomi- providing high-quality, comprehensive ∑ nation has moved expeditiously services for Bronx children, Montefiore Mr. LEAHY. Mr. President, I am de- through the Committee and the Sen- lighted that the Senate has approved will develop the Montefiore Medical ate. Center Child Health Network [CHN], an the nomination of Charles R. Breyer to I congratulate Mr. Caputo and his integrated system of family-centered be a U.S. District Judge for the North- family and look forward to his service care for families of all socio-economic ern District of California. on the district court.∑ The American Bar Association unani- levels. The CHN, organized around the mously found Mr. Breyer to be well- f core principal of providing enhanced qualified, its highest rating, for this access to high quality primary care, PADUCAH GASEOUS DIFFUSION appointment. He has extensive trial ex- will offer a full complement of child PLANT perience with the district attorney’s health services. ∑ Mr. MCCONNELL. Mr. President, I As the central institution of the office for the city and county of San stand today to recognize the achieve- CHN, the Montefiore Children’s Hos- Francisco, the Department of Justice ments and progress of the Paducah pital will feature 106 beds in age-appro- Watergate Special Prosecution Force, Gaseous Diffusion Plant in Paducah, priate units, state-of-the-art pediatric and in private practice. His nomination KY. On October 20, 1997, Industry Week emergency and intensive care units, a enjoys the strong support of Senator Magazine named the Paducah Gaseous full spectrum of tertiary subspecial- FEINSTEIN and Senator BOXER. Diffusion Plant one of America’s top 10 The Northern District of California ties, including environmental sciences plants. This would be a greater honor has 3 vacancies out of 14 judgeships and and behavioral pediatrics, a short-stay for any manufacturer, but I feel that it desperately needs Charles Breyer to day hospital, support facilities and is particularly remarkable for the Pa- help manage its growing backlog of services for children and their families, ducah Gaseous Diffusion Plant. When cases. including playrooms, school facilities, producing a potentially dangerous ma- I am delighted for Mr. Breyer and his and a family resource center, and last- terial like enriched uranium, extensive distinguished family that he was con- ly, innovative communications tech- safety precautions have to be their firmed. He will make a fine judge.∑ nologies including a telemedicine con- first priority. The uranium they sultation service and on-line teaching f produce is shipped not only throughout and tele-conferencing capabilities. CONFIRMATION OF FRANK C. the United States, but worldwide as Montefiore Medical Center has pro- DAMRELL, JR. TO BE UNITED well, to be used in the nuclear fuel vided community services and commu- STATES DISTRICT JUDGE FOR cycle. nity-based health care programs for THE EASTERN DISTRICT OF The 275 plants nominated for this over a century. It is uniquely qualified CALIFORNIA honor were judged in 14 areas including to implement an initiative as innova- ∑ Mr. LEAHY. Mr. President, I am de- productivity, quality of product, em- tive and far reaching as the child lighted that the Senate confirmed ployee involvement, cost reduction, health network. This initiative will Frank C. Damrell, Jr. to be a U.S. dis- and customer focus. The Paducah Gas- strengthen and extend Montefiore’s trict judge for the eastern district of eous Diffusion Plant is impressive in commitment to the Bronx community California. all of these areas, and their perform- as a whole, and the children of the The American Bar Association found ance has improved immensely over the Bronx in particular. Through the cen- Mr. Damrell to be well-qualified, its past 5 years. In 1993, analysts predicted tralization of its diverse services in highest rating, for this appointment. that the plant would have to close in this borough of New York City, the new He has extensive trial experience as a the early 21st century, but continuous Children’s Hospital and its satellites former deputy attorney general for the improvements have put an end to this will elevate the quality, scope, and ac- State of California, a former deputy speculation. There has been a 65-per- cessibility of primary and specialty district attorney for Stanislaus Coun- cent reduction in injuries over the past health care services available to chil- ty, and a trial attorney in the private 5 years, a reduction in environmental dren and their families. practice of law for the past 27 years. concerns, and an impressive 100-percent Mr. President, the Senate Labor, His nomination enjoys the strong sup- on-time production delivery rate. Health and Human Services Sub- port of Senator FEINSTEIN and Senator The 1,800 workers of the Paducah committee on Appropriations includes BOXER. Gaseous Diffusion Plant, most of which a reference to this initiative in its re- I am delighted for Mr. Damrell and are Kentuckians, are truly to be com- port. The language is as follows: his distinguished family that he was mended. These workers and their man- The health status of children living in the confirmed. He will make a fine judge.∑ agement team have visited other qual- Bronx section of New York City is particu- f ity plants for innovative ideas about larly worrisome with sociodemographic and how to improve their own production. health status indicators which underscore a CONFIRMATION OF A. RICHARD They have formed over 30 problem- need for improved health care services. The CAPUTO TO BE A U.S. DISTRICT solving teams, solicited and acted on Committee is aware of plans to establish a JUDGE FOR THE MIDDLE DIS- advice from employees, and engaged in state-of-the-art children’s hospital in the TRICT OF PENNSYLVANIA Bronx to address the critical needs of its pe- extensive and continual annual train- diatric population. To enhance current Fed- ∑ Mr. LEAHY. Mr. President, I am de- ing. The positive labor-management re- eral child health care programs in the area, lighted that the Senate confirmed A. lationship has successfully turned the

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12644 CONGRESSIONAL RECORD — SENATE November 13, 1997 750-acre facility into thriving, cost- committee on Biotechnology and Phar- significant part in creating it. Much of controlled, internationally competitive maceutical Development, Henri’s lead- our economy runs on technology as business. They have worked remark- ership was responsible for the adoption well. One-third to one-half of all U.S. ably well on a daily basis with inspec- of a number of broad initiatives that economic growth is the result of tech- tors from the Nuclear Regulatory Com- have made Massachusetts an excellent nical progress. Technology contributes mission, as well as with officials from business environment for the bio- to the creation of new goods and serv- the U.S. Enrichment Corp. The U.S. technology industry. At the present ices, new jobs and new capital. It is the Enrichment Corp., which manages both time, biotechnology is a $1.7 billion in- principal driving force behind the long- the Paducah and the Pikeville, OH, dustry in Massachusetts that employs term economic growth and increased plants, supplies 80 percent of the nu- over 17,000 people. standards of living of most of the clear fuel for nuclear plants in the Henri was selected to receive the world’s modern industrial societies. United States, and maintains 44 per- Governor’s New American Appreciation The history of the last five decades cent of the world enrichment market. Award for his charitable and commu- has shown us that there is a Federal I would like to extend my sincere nity activities as well as his business role in the creation and nurturing of congratulations and thanks to the em- leadership. Among his most important science and technology. But the last ployees of the Paducah Gaseous Diffu- civic accomplishments are his efforts three decades have shown us something sion Plant. The plant’s appropriate slo- to expand learning opportunities for else: fiscal reality. The simple truth is gan is ‘‘Survive and Thrive,’’ and they mentally challenged children, to im- that we just don’t have enough money have done just that. The Paducah Gas- prove science education for minority to do everything we’d like. It took eous Diffusion Plant not only provides students, and to train workers dis- some time for us to realize that and by the time we did, we found ourselves in jobs and benefits to western Kentuck- placed from other industries for new a fiscal situation that is only now ians, but it helps the United States re- careers in biotechnology. being addressed. As a result, discre- main self-reliant for our nuclear fuel I congratulate Henri Termeer on this tionary spending is under immense fis- production.∑ well-deserved award. His success in this cal pressure. country is a brilliant new chapter in f One only has to look back over the America’s distinguished immigrant HENRI TERMEER WINS MASSACHU- last 30 years to illustrate this trend. In heritage and history. He is a modern 1965, mandatory spending—entitle- SETTS GOVERNOR’S NEW AMER- symbol that the American Dream is ICAN APPRECIATION AWARD ments and interest on the debt—ac- alive and well in our own day and gen- counted for 30 percent of our budget, Mr. KENNEDY. Mr. President, it is a eration. The United States needs more while 70 percent was discretionary. privilege for me to take this oppor- New Americans like Henri Termeer. That meant that 70 percent of the tunity to commend Henri Termeer of f budget could be used for roads, edu- Massachusetts on receiving the Gov- REGARDING: FEDERAL SCIENCE cation, medical research, parks, and ernor’s New American Appreciation national defense. Today, just 30 years Award from Governor Weld earlier this AND TECHNOLOGY INVESTMENT ∑ later, the ratio of discretionary to year. Mr. FRIST. Mr. President, as a Sen- mandatory spending has reversed. Henri Termeer is well known to ator, I am afforded a unique oppor- Sixty-seven percent of our budget is many of us in Congress. He is the chief tunity to see a broad cross section of spent on mandatory programs, leaving executive officer and president of our Nation. From that perspective, I 33 percent of our budget for discre- Genzyme Corp., the largest bio- have had a chance to reflect upon why tionary spending. Current estimates technology company in Massachusetts our country continues to be the envy of paint an even grimmer future. By 2012, and the fourth largest in the world. the world. Some might say that we are mandatory spending, the combination When Henri joined Genzyme in 1983, blessed with abundant natural re- of interest and entitlement programs, the company had only 35 employees. sources. That is true enough, but in the will consume all taxpayer revenues, Under his leadership, Genzyme has final analysis, it is the American peo- leaving nothing for parks, education, grown to over 3,500 employees, includ- ple that have made, and will continue roads, or the Federal investment in ing 2,100 in Massachusetts. to make, this country great. science and technology. Clearly we as a Henri was born in the Netherlands We are a nation drawn from diverse nation, cannot afford to let this hap- and grew up expecting that he would backgrounds and ideas. Still, there is a pen. eventually join his father’s shoe busi- thread that unites us. Our forefathers, We have both a long-term problem— ness. As a young man, he worked in the who came to this land to build a new addressing the ever increasing level of shoe industry in England, intending to life, created in turn a nation of build- mandatory spending—and a near-term gain training and experience there be- ers. We build homes, we build busi- challenge—apportioning a dwindling fore returning to work for his father. nesses and factories, but most of all we amount of discretionary funding. This When he left England, however, he de- build futures; we build hope. And, as a confluence of increased dependency on cided to come to America instead of re- people, we rise to meet a challenge. At technology and decreased fiscal flexi- turning to the Netherlands. no time was that more apparent than bility has created a problem of na- After earning a masters degree in during World War II. That crisis forced tional significance. Not all deserving business administration at the Univer- our Nation to make drastic sacrifices programs can be funded. Not all au- sity of Virginia, Henri joined a phar- in order to survive. The legacy of those thorized programs can be fully imple- maceutical company and spent the choices has driven our economy and mented. The luxury of fully funding next 10 years working in Germany and our policies ever since. It is one of programs across the board has passed. the United States in various manage- those legacies, the Federal investment We must set priorities. By using a set ment positions. He left that company in science and technology, that con- of first or guiding principles, we can in 1983 to become president of Genzyme cerns me today. consistently ask the right questions Corp. and later became the company’s Science and technology have shaped about each competing technology pro- chief executive officer as well. our world. It is very easy to see the big gram. The answers will help us focus In working with Henri Termeer over things: putting a man on the moon, on a particular program’s effectiveness the years, I have come to know him as breakthroughs in genetic research, and and appropriateness for Federal re- an impressive businessman and as an the burgeoning world of the Internet. search and development funding. This outstanding leader for the bio- In today’s world technology surrounds is the information needed to make the technology industry. He is highly re- us: the computer that makes our cars hard choices about which programs de- spected in the industry for his knowl- run, lets us talk on the telephone, runs serve support and which do not. edge, vision, and commitment, and he the stoplights, runs the grocery store Through the application of these First has won numerous awards from his checkout, and controls the microwave. Principles, we can ensure that the lim- peers. As a member of Governor Weld’s Our world runs on technology and the ited resources the Federal Government Council on Economic Growth and Tech- American Federal investment in re- has for science and technology are in- nology and chairman of the Sub- search and development has played a vested wisely.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12645 There are four First Principles: between research and education. In- we work toward this difficult goal, we First, good science. Our Federal re- vestment in research at the university cannot lose sight of the near-term search and development programs must level creates more than simply world management challenge in making the be focused, peer and merit reviewed, class research. It creates world class most of our limited discretionary and not duplicative; the program must researchers as well. The Federal strat- funds. The Federal investment in resolve the right problem, in the right egy must continue to reflect this com- search and development has paid hand- way. mitment to a strong research infra- some dividends in raising our standard Second, fiscal accountability. We structure. We must find ways to extend of living. It is an investment we cannot must exercise oversight to ensure that the excellence of our university system afford to pass up.∑ programs funded with scarce Federal to primary and secondary educational dollars are managed well. We cannot institutions. f tolerate the waste of money by ineffi- Third, commitment to a broad range cient management techniques, by gov- of research initiatives. An increasingly ernment agencies, by contractors, or common theme has emerged from the ARAB-AMERICAN AND CHALDEAN by Congress itself. A move to multi- Science, Technology and Space Sub- COUNCIL 1997 ANNUAL CIVIC AND year budgeting is a step in the right di- committee hearings this year: Revolu- HUMANITARIAN AWARDS BAN- rection. It will work to provide more tionary innovation is taking place at QUET stable funding levels and give Congress the overlap of research disciplines. We ∑ Mr. ABRAHAM. Mr. President, I rise the opportunity to exercise its much must continue to encourage this by today to acknowledge an important needed oversight responsibility. providing opportunities for inter- event which is taking place in the Third, measurable results. We need disciplinary projects and fostering col- State of Michigan. On this day, Decem- to make sure that Government pro- laboration across fields of research. grams achieve their goals. We need to Fourth, partnerships among indus- ber 5, 1997, many have gathered to cele- make sure that as we craft legislation try, universities, and Federal labora- brate the Arab-American and Chaldean that affects science and technology, it tories. Each has special talents and Council [ACC] Annual Civic and Hu- includes a process which allows us to abilities that complement the other. manitarian Awards Banquet. Each of gauge the program’s effectiveness. As Our Federal dollar is wisely spent fa- the individuals in attendance deserve we undertake this, we must be careful cilitating the creation of partnerships, special recognition for their commit- to select the correct criteria. We can- creating a whole that is greater than ment and steadfast support of the not get caught up in the trap of meas- the sum of its parts. Arab-American and Chaldean commu- uring the effectiveness of a research The principles and corollaries that I nities. and development program by passing have outlined form a framework that I am pleased to recognize the recipi- judgment on individual research can be used to guide the creation of ents of this evening’s awards: Mr. projects. new, federally funded research and de- Brian Connolly and Ms. Beverly B. Fourth, the Government should be velopment programs and to validate Smith, Civic and Humanitarian, Mr. viewed as the funder of last resort. existing ones. An objective framework John Almstadt, 1997 Leadership Award, Government programs should not dis- derived from First Principles is a pow- place private investment, whether from erful method to elevate the debate on Senator Dick Posthumus, 1997 State corporations or venture capitalists. It technology initiatives. It increases our Leadership Award, and Ms. Elham is not the Federal Government’s role to ability to focus on the important Jabiru-Shayota, Mr. Andrew Ansara, invest in technology that has matured issues, and decreases the likelihood and Mr. George Ansara Entrepreneurs enough to make it to the marketplace. that we will get sidetracked on politi- of the Year. Each of these recipients When the Government provides funding cally charged technicalities. It also should take great pride in receiving for any technology investment pro- serves as a mechanism to ensure that these distinguished awards. gram, it must take reasonable steps to Federal research and development pro- While it is important to pay special ensure that the potential benefits de- grams are consistent and effective. tribute to the awardees, it is also es- rived from the program will accrue The four principles and four cor- sential to honor the citizens of the broadly and not, for instance, to a sin- ollaries serve different purposes: The Arab-American and Chaldean commu- gle company. First Principles help us evaluate an Accompanying the four First Prin- nities. Each of you that has worked to implementation of a research and de- strengthen cultural understanding ciples, are four corollaries: velopment program. have contributed greatly to the State First, flow of technology. This year’s First, good science. Science, Technology and Space Sub- Second, fiscal accountability. of Michigan. For the past 18 years, the committee hearing have provided Third, measurable results. ACC has provided tireless support and ample proof that the process of cre- Fourth, Government as funder of last steadfast dedication to Arabic- and ating technology involves many steps. resort. Chaldean-speaking immigrants and ref- The present Federal research and de- The corollaries help us establish a ugees. During the past fiscal year, 1996– velopment structure reinforces the inconsistent set of national goals—the 97, ACC was able to serve over 18,000 creasingly artificial distinctions across vision of an overall research and devel- clients and cases. This coming year the spectrum of research and develop- opment program. will be an exciting one for ACC. Six of ment activities. The result is a set of First, creation of a flow of tech- ACC’s outreach locations will be con- discrete programs which each support a nology. solidated into one location at the narrow phase of research and develop- Second, excellence in the American Woodward Avenue and Seven Mild ment and are not coordinated with one research infrastructure. Road Area, allowing ACC to serve an another. The Government should maxi- Third, commitment to a broad range even greater client base. Through job mize its investment by encouraging the of research initiatives. placement programs and mental health progression of a technology from the Fourth, partnerships among indus- services, ACC has significantly en- earliest stages of research up to com- try, university, and federal labora- hanced the lives of many in our com- mercialization, through funding agen- tories. munity. As you gather this evening to cies and vehicles appropriate for each Mr. President, Congress continues to honor these awardees, I challenge each face a monumental budgetary chal- stage. This creates a flow of tech- of you to continue to be active partici- nology, subject to merit at each stage, lenge. Despite our accomplishment this pants in your respective communities. so that promising technology is not year of passing the first balanced budg- lost in a bureaucratic maze. et since 1969, we have yet to face the To the Arab-American and Chaldean- Second, excellence in the American most daunting challenge: bringing en- American communities and to the research infrastructure. Federal invest- titlements under control at a time of awardees, I send my sincere best wish- ment in research and development pro- huge demographic shifts toward in- es. May the spirit of this evening con- grams must foster a close relationship creasing numbers of recipients. Even as tinue to inspire each of you.∑

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12646 CONGRESSIONAL RECORD — SENATE November 13, 1997 1997 HUMAN RELATIONS AWARD ation in Iraq and the need for the Iraq did not have advanced binary chem- OF THE GREATER DETROIT United States to remain resolute in its ical weapons and most of its chemical weap- INTERFAITH ROUND TABLE OF dealings with the regime of Saddam ons used unstable ingredients. Iraq has ille- THE NATIONAL CONFERENCE Hussein. gally imported specialized glassware since Today, I would like to submit a paper the Gulf War, and may well have developed ∑ Mr. LEVIN. Mr. President, I rise advanced binary weapons and tested them in on the subject written by Tony today to honor Alex Trotman and small numbers. It may be able to use a wider Cordesman, currently at the Center for Mandell ‘‘Bill’’ Berman who will re- range of precursors and have developed plans Strategic and International Studies ceive the 1997 Human Relations Award to produce precursors in Iraq. It may have and formerly a member of my staff. of the Greater Detroit Interfaith improved its technology for the production Tony’s paper offers an excellent sum- of VX gas. Round Table of the National Con- mation of Iraqi intentions and capa- Iraq is likely to covertly exploit Western ference, on November 18, 1997. This im- bilities as well as providing expert analyses and critiques of its pre-war pro- portant awards ceremony will take analysis of what is at stake for the liferation efforts to correct many of the place during the Greater Detroit Inter- problems in the organization of its prolifera- United States and its interests in the tion efforts, its weapons design, and its orga- faith Round Table’s 50th Annual Din- Middle East as a result of this most re- ner. nization for their use. cent crisis involving Iraq and the Iraq bombs and warheads were relatively The Greater Detroit Interfaith Round United Nations Special Commission. crude designs which did not store chemical Table was established in 1940 as the I urge all of my colleagues in the and biological agents well and which did a local chapter of the National Con- Senate and the House to read this poor job of dispersing them. Fusing and deto- ference of Christians and Jews. The De- paper carefully. It offers insightful nation systems did a poor job of ensuring troit community quickly supported the commentary on the potential ramifica- detonation at the right height and Iraq made NCCJ’s goal of providing a forum where tions of various policy alternatives little use of remote sensors and weather models for long-range targeting and strike people of varied faiths could explore that the United States and the United and celebrate their differences. During planning. Iraq could clandestinely design and Nations may select in responding to test greatly improve shells, bombs, and war- the last 57 years, the Interfaith Round Saddam’s latest provocation. Toward heads. The key tests could be conducted Table has promoted such under- that end, I respectfully request that using towers, simulated agents, and even in- standing through its many popular pro- Dr. Cordesman’s paper be included in doors. Improved targeting, weather sensors, grams and fora. the RECORD, as well as this statement. and other aids to strike planning are dual- The Human Relations Award recog- The paper follows: use or civil technologies that are not con- nizes leaders in the community ‘‘for WHAT IS AT STAKE IN THE CRISIS WITH IRAQ— trolled by UNSCOM. The net impact would moving us forward in building a city, THE THREAT OF IRAQI WEAPONS OF MASS be weapons that could be 5–10 times more effective than the relatively crude designs Iraq State, and Nation committed to the DESTRUCTION AND U.S. MILITARY OPTIONS had rushed into service under the pressure of (By Anthony H. Cordesman) ideals of dignity, justice, and respect the Iran-Iraq War. for all people.’’ This year’s recipients Iraq’s process of proliferation is so complex UNSCOM and the IAEA’s success give Iraq have displayed a strong personal com- that it is sometimes difficult to determine an equally high priority to explore ways of mitment to promoting understanding just how serious the violations that obtaining fissile material from the FSU or among all races, religions, and cul- UNSCOM has discovered really are, or to put other potential supplier country and prepare these violations in perspective relative to for a major purchase effort the moment tures. Their great efforts are an inspi- what UNSCOM has already accomplished. ration to us all. sanctions and inspections are lifted and Iraq Attachment One provides a short summary has the hard currency to buy its way into Alex Trotman is chairman of the of UNSCOM’s most recent conclusions relat- the nuclear club. Iraq could probably clan- board of directors and chief executive ing to Iraq’s efforts to cheat the UN. Attach- destinely assemble all of the components of officer of Ford Motor Co. He was born ment Two describes Iraq programs before a large nuclear device except the fissile main Middlesex, England, and came to the and during the Gulf War, what UNSCOM has terial, hoping to find some illegal source of United States in 1969. Since coming to accomplished in the seven years that have such material. followed, and what remains unknown. America, Mr. Trotman has used his The components for cruise missiles are be- unique vantage point to promote un- IRAQ’S CLANDESTINE BREAKOUT CAPABILITY coming steadily more available on the com- derstanding among different people. He These attachments show that the issue is mercial market, and Iraq has every incentive not one of sweeping up the details, but rath- to create a covert program to examine the is currently a member of several orga- er one of dealing with massive violations, possibility of manufacturing or assembling nizations which promote international some of which occurred as recently as Au- cruise missiles in Iraq. exchange, such as the Chase Inter- gust, 1997. At the same time, it is important UN inspections and sanctions may also national Advisory Committee, the to understand that many UNSCOM and US drive Iraq to adopt new delivery methods America-China Society, and the United experts believe Iran has started completely ranging from clandestine delivery and the States-Japan Business Council. separate new programs since the Gulf War, use of proxies to sheltered launch-on-warn- Bill Berman is a Detroit native and, which are so secret and dispersed that they ing capabilities designed to counter the U.S. are almost impossible to detect. These pro- advantage in airpower. like me, a product of its public school grams may be largely at the research and de- Iraq can legally maintain and test missiles system. After a distinguished career in velopment level, but they may give Iraq a with ranges up to 150 kilometers. This allows industry, Mr. Berman is currently a major ‘‘break out’’ capability to rapidly for exoatmospheric reentry testing and some member of the board of the Dreyfus produce and redeploy weapons of mass de- testing of improved guidance systems. Com- Corp. He has also been closely involved struction the moment that sanctions are puter simulation, wind tunnel models, and with supporting his community. He has lifted. production engineering tests can all be car- served in leadership positions of the Major possibilities that could be accom- ried out clandestinely under the present in- plished in small research facilities and which spection regime. It is possible that Iraq Skillman Foundation, JESNA, and its could be rapidly moved or dispersed include: could develop dummy or operational high ex- Berman Research and Evaluation Cen- UNSCOM and the IAEA’s success have cre- plosive warheads with shapes and weight dis- ter, Detroit Jewish Welfare Federation, ated new priorities for Iraqi proliferation. tribution of a kind that would allow it to and the United Way. The UN’s success in destroying the large fa- test concepts for improving its warheads for Mr. President, I know my Senate col- cilities Iraq needs to produce fissile mate- weapons of mass destruction. The testing of leagues join me in congratulating Alex rials already may well have led Iraq to focus improved bombs using simulated agents Trotman and Mandell ‘‘Bill’’ Berman on covert cell-like activities to manufacture would be almost impossible to detect as on receiving the 1997 Human Relations highly lethal biological weapons as a sub- would the testing of improved spray systems stitute for nuclear weapons. for biological warfare. Award of the Greater Detroit Inter- All of the biological agents Iraq had at the Iraq has had half a decade in which to im- faith Round Table.∑ time of the Gulf War seem to have been prove its decoys, dispersal concepts, dedi- f ‘‘wet’’ agents with limited storage life and cated command and control links, targeting limited operational lethality. Iraq may have methods, and strike plans. This kind of pas- THE CURRENT CRISIS INVOLVING clandestinely carried out all of the research sive warfare planning is impossible to forbid IRAQ necessarily to develop a production capa- and monitor, but ultimately is as important bility for dry, storage micro-power weapons and lethal as any improvement in hardware. ∑ Mr. MCCAIN. Mr. President, last which would be far easier to clandestinely There is no evidence that Iraq made an ef- week I submitted a statement for the stockpile, and have much more operational fort to develop specialized chemical and bio- record discussing my views on the situ- lethality. logical devices for covert operations, proxy

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warfare, or terrorist use. It would be simple global price and availability of oil, and the IRAQ’S ‘‘CLANDESTINE BREAK OUT CAPA- to do so clandestinely and they would be Persian Gulf is the key to energy security. BILITY:’’ COVERT PROGRAMS IRAQ COULD simple to manufacture. Fortunately, the US does have military op- HAVE UNDERTAKEN SINCE THE CEASE-FIRE The key point is that only effective THAT UNSCOM MIGHT NOT DETECT OR PRE- tions that it can execute with and without UNSCOM operations can deter Iraq from rap- VENT allied support. They also go far beyond the idly rebuilding its wartime capabilities, and kind of pointlessly expensive slap on the (By Anthony H. Cordesman) sparking a new arms race that is certain to UNSCOM and IAEA’s success have created lead Iran to reply in kind and present major wrist that the US has used in firing cruise missiles against targets Saddam does not new priorities for Iraqi proliferation. The new problems for U.S. forces in the region UN’s success in destroying the large facili- and our Southern Gulf allies. really value like an intelligence headquarters, or military targets with cruise ties Iraq needs to produce fissile materials U.S. MILITARY OPTIONS missiles could not destroy. already may well have led Iraq to focus on The U.S. must be careful to try to preserve covert cell-like activities to manufacture as much international consensus as it can in Some of these options do not require im- highly lethal biological weapons as a sub- support of the UNSCOM effort. It must be mediate US military action. The US can stitute for nuclear weapons. careful to avoid using threat or force in a shift the burden of triggering military action All of the biological agents Iraq had at the way that could further split the U.N. Secu- to Saddam. These include ‘‘halt or shoot’’ time of the Gulf War seem to have been rity Council, or win this round and lose the options like forbidding all Iraqi military ‘‘wet’’ agents with limited storage life and war. We need to be sensitive to humanitarian flights. This could include only combat fixed limited operational lethality. Iraq may have concerns about punishing the Iraqi people in wing aircraft, or all aircraft including heli- clandestinely carried out all of the research ways that do not really punish Saddam. We copters and transports. A nation-wide no-fly necessarily to develop a production capacity also need to be careful about the kind of zone would paralyze and weaken critical for dry, storage micro-power weapons which threats and token strikes that have no real Iraqi military capabilities. Another step would be far easier to clandestinely stock- effect on what Saddam holds vital, and would be a demand for a nation-wide halt to pile, and have much more operational which end in convincing him that he can win all armored movements larger than bat- lethality. Iraq did not have advanced binary chem- a war of sanctions against the U.S., and al- talion sized units. This would destroy the ical weapons and most of its chemical weap- lowing Saddam to show that he can defy the Iraqi army’s ability to train and exercise. A ons used unstable ingredients. Iraq has ille- U.N. and U.S. with impunity. third such option would be to attack and de- gally imported specialized glassware since We also need to understand that UNSCOM stroy any facility where UNSCOM is denied the Gulf War, and may well have developed and sanctions are not a failure. Iraq im- timely access. A fourth option would be to advanced binary weapons and tested them in ported over $80 billion worth of arms during destroy any military facility or production small numbers. It may be able to use a wider the Iran-Iraq War. It was importing around plant where new construction or manufac- range of precurors and have developed plans $3 billion worth of arms a year at the time of turing activity began. A fifth option would to produce precursors in Iraq. It may have the Gulf War. It needs a minimum of about be to destroy any facility where Iraq has improved its technology for the production $1.5 billion a year worth of imports simply to interfered with the UN monitoring equip- of VX gas. keep its military machine alive. Iraq, how- ment or tags. None of these options would Iraq is likely to covertly exploit Western ever, has had no significant military imports hurt the Iraq people. All would threaten the analyses and critiques of its pre-war pro- since 1990, and has had no successes in mass ‘‘crown jewels’’ of Saddam’s regime. liferation efforts to correct many of the producing a single advanced weapon in Iraq. There are other ‘‘crown jewels’’ that the problems in the organization of its prolifera- It has a $20 billion deficit in arms imports, tion efforts, its weapons design, and its orga- and it has not been able to import a single US could attack without waiting and which would not hurt the Iraqi people. These in- nization of their use. new weapon or technology to react to the Iraq bombs and warheads were relatively clude the airbases with Saddam’s remaining devastating lessons of the Gulf War. It has crude designs which did not store chemical MiG–29s, Su–24s, and Mirage F–1s: The only less than half the tanks and half the combat and biological agents well and which did a aircraft he has left that really matter. The aircraft it did at the time of the Gulf War. poor job of dispersing them. Fusing and deto- US does not have to destroy the entire Iraqi UNSCOM is not perfect, but it is the most nation systems did a poor job of ensuring Air Force. Few in Iraq would mourn the de- successful arms control regime in history. It detonation at the right height and Iraq made has destroyed virtually all of Iraq major fa- struction of the Special Republican Guards, little use of remote sensors and weather cilities for producing missiles, and chemical, and this force is critical to Saddam’s secu- models for long-range targeting and strike biological, and nuclear weapons. Virtually rity. The US could expand these attacks to planning. Iraq could clandestinely design and all of these facilities survived the Gulf War. cover all critical Iraqi security facilities, test greatly improve shells, bombs, and war- It has supervised the destruction of nearly and this time the attacks should be designed heads. The key tests could be conducted 100,000 chemical and biological weapons and/ to kill as many occupants as possible and using towers, simulated agents, and even in- or major components and manufacturing de- should be sustained until Saddam com- doors. Improved targeting, weather senors, vices for such weapons, and thousands of pletely backs down. Destroying Iraq’s re- and other aids to strike planning are dual- tons of precursors for making chemical maining military production facilities on a use or civil technologies that are not con- weapons. step-by-step basis would confront Saddam trolled by UNSCOM. The net impact would It was UNSCOM that discovered Iraq’s with the risk of losing his conventional mili- be weapons that could be 5–10 times more ef- massive biological weapons and VX nerve gas tary capabilities. Ordinary Iraqis are also fective than the relatively crude designs Iraq programs, and it did so in 1995, four years unlikely to mourn the destruction of had rushed into service under the pressure of after the war was over. In the six years since Saddam’s new palaces, and this gives us at the Iran-Iraq War. the cease-fire, there has never been a six least 17 targets that were built or rebuilt UNSCOM and the IAEA’s success give Iraq month reporting period in which UNSCOM after UN sanctions began. an equally high priority to explore ways of has not made another major discovery, in- In short, we do have good options if we are obtaining fissile material from the FSU or cluding the period between April and Octo- other potential supplier country and prepare ber, 1997. It is UNSCOM intrusive monitoring forced to use them and if we have the will to escalate beyond military tokenism. Further, for a major purchase effort the moment program which limits Iraq’s unceasing clan- sanctions and inspections are lifted and Iraq these options will exist long after the cur- destine efforts and prevents Iraq from rap- has the hard currency to buy its way into rent crisis is over. They can be made part of idly manufacturing large numbers of ad- the nuclear club. Iraq could probably clan- a clear declaratory doctrine regarding Iraq, vanced biological and chemical weapons. destinely assemble all of the components of and such a doctrine is clearly needed. It Keeping UNSCOM alive and effective is far a large nuclear device except that fissile ma- should be made unambiguously clear to the more important than forcing a military terial, hoping to find some illegal source of world that the US will enforce the terms of showdown with Saddam. If threats and nego- such material. tiation can work, they should be allowed to the UN Cease-fire until Iraq’s capabilities to The components for cruise missiles are be- do so. Unilateral U.S. military action, or ac- produce weapons of mass destruction are de- coming steadily more available on the com- tion with a limited or forced international stroyed and will not allow Iraqi to rebuild. mercial market, and Iraq has every incentive consensus, should be a last resort because The US should not telegraph its punches by to create a covert program to examine the making Saddam back down this time might specifying a given action for a given viola- possibility of manufacturing or assembling come at the cost of undermining or ending tion, but it should make it clear to the world cruise missiles in Iraq. support for sanctions. as well as Saddam that the US will always UN inspections and sanctions may also At the same time, force and no inaction act. The US should also make it clear that it drive Iraq to adopt new delivery methods must be the last resort. Preventing Iraq from will raise the cost to Saddam each time he ranging from clandestine delivery and the proliferating and a new and totally desta- provokes another crisis and that he will use of proxies to sheltered launch-on-warn- bilizing arms race between Iran and Iraq is a force escalation if other incidents follow. We ing capabilities designed to counter the US vital national security interest. So is the de- should not be trigger happy, but we must not advantage in airpower. fense of our Arab allies and Israel, and the let ‘‘sanctions fatigue’’ lead to ‘‘proliferation Iraq can legally maintain and test missiles protection of our own power projection fatigue’’ and a horrifying new arms race in with ranges up to 150 kilometers. This allows forces. Our economy is dependent on the the Gulf. for exoatmospheric reentry testing and some

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12648 CONGRESSIONAL RECORD — SENATE November 13, 1997 testing of improved guidance systems. Com- portance on the Internet, these univer- nizations to which our universities pro- puter simulation, wind tunnel models, and sities are faced with urgent needs that vide technological leadership, support production engineering tests can all be car- cannot be reasonably accommodated and services as the intellectual corner- ried out clandestinely under the present in- through the commercial marketplace stones of our communities. spection regime. It is possible that Iraq It is imperative that the federal gov- could develop dummy or operational high ex- or federal grant mechanisms currently plosive warheads with shapes and weight dis- in place. ernment ensure fair access across the tribution of a kind that would allow it to For example, as part of the Internet2 nation to the Internet and to our own test concepts for improving its warheads for project, major research universities are federal initiatives such as the NGI. weapons of mass destruction. The testing of now planning increases in speed from Just as a 32-cent stamp provides the improved bombs using simulated agents 45 Mbps (million bits per second) to 150 same service anywhere in the country, would be almost impossible to detect as Mbps and even 600 Mbps. According to so too must we consider ways to equal- would be testing of improved spray systems the founding project director for ize access to the information super- for biological warfare. highway. Further, we must solve this Iraq has had half a decade in which to im- Internet2, the expected cost for a 150 prove its decoys, dispersal concepts, dedi- Mbps connection will average about structural problem not just for the cated command and control links, targeting $300,000 per year for mainland research short term, but on a permanent basis. methods, and strike plans. This kind of pas- universities. We urge the federal agencies which sive warfare planning is impossible to forbid The University of Hawaii already are receiving $95 million for the NGI and monitor, but ultimately is as important pays much more than this—$448,000 per this year, and which are planning on and lethal as any improvement in hardware. year—and this buys only a 6 Mbps con- additional funding in the years to There is no evidence that Iraq made an ef- nection from Hawaii to the mainland. come, to take upon themselves the re- fort to develop specialized chemical and bio- sponsibility to ensure that the NGI logical devices for covert operations, proxy The University of Alaska now pays $324,000 per year for a 4.5 Mbps connec- reaches not just to those places that warfare, or terrorist use. It would be simple can be reached cheaply and easily, but to do so clandestinely and they would be tion. In other words, compared to the simple to manufacture.∑ average that other universities are ex- to all fifty states. Technical staff at each university have been working f pected to pay for their NGI-capable connections, Hawaii is already paying long and hard to identify any possible THE NEXT GENERATION INTERNET 50 percent more for 1⁄25 of the capacity, means of achieving affordable high ∑ Mr. INOUYE. Mr. President, the and Alaska is paying nearly 10 percent speed connectivity for their state. We ask that, as a nation, we reach out to Internet is transforming every aspect more for 1⁄33 of the capacity. of how a university performs research, The rural states on the mainland find a stable and lasting solution to teaches its students and reaches out to found that their connection costs were this urgent problem. the public. In Hawaii and Alaska, the higher than in urban areas and ap- Mr. STEVENS. Mr. President, I con- importance of the Internet is multi- pealed for assistance. The National cur with Senator INOUYE that this is a plied even more by the vast distances Science Foundation (NSF) recognized critical problem for Alaska and Ha- that separates us from the other 48 that the maximum $350,000 3-year grant waii. I would suggest that it is in the states, as well as the unique internal to assist in establishing connections to interest of all States to ensure that no geography of our states which separate its Very High Speed Backbone Network State is left behind as we enter the dig- our citizens from each other by water, Service was not adequate to meet the ital age. Researchers in Alaska and Hawaii mountains or long distances. costs in these rural states. In response, must have the same access to resources In October 1996, the Clinton Adminis- the NSF agreed to make 18 rural that their colleagues in other areas of tration unveiled its Next Generation states, not including Alaska and Ha- the country have—without compatible Internet (NGI) initiative, emphasizing waii, eligible for special supplements of access our universities will be left be- that the Internet is the biggest change up to $200,000 over and above the hind in the race to secure research in human communication since the $350,000 maximum grant. funding and they will not be able to printing press. The initiative proposed These rural mainland universities compete when it comes to attracting a $100 million per year federal program can obtain 45 Mbps connections for top researchers and professors. to create the foundation for the net- prices in the range of $150,000 to $360,000 There is another side to the problem. works of the 21st century. Approxi- per year. In comparison, the quoted Just as our universities will be cut off mately $95 million is being appro- prices for these connections to Alaska from their colleagues—universities in priated this year for the NGI. and Hawaii are $2.8 million and $2.5 the continental United States will be One of the initial NGI project goals is million respectively, escalating to $6 cut off from the expertise and re- to connect at least 100 universities and million or more a year to meet future sources that are housed in the univer- national labs at speeds 100 to 1,000 requirements. Further, even if funds sities of Alaska and Hawaii. times faster than today’s Internet. The were available within the states to pay Senator INOUYE laid out our concerns University of Hawaii and University of these costs on an ongoing basis, the ca- with respect to participation in the Alaska, along with many other institu- pacity is not readily available or even next generation Internet project, I tions, have joined the Internet2 initia- in place on an ongoing basis, the capac- would like to take what he said one tive which shares this objective. ity is not readily available or even in step further. Unfortunately, high-speed connectiv- place on the existing saturated fiber The technology—the high speed ac- ity comparable to what the NGI project optic systems that connect Hawaii and cess to the Internet that is the goal of is bringing to research universities Alaska to the rest of the country. the next generation Internet project— throughout the country is not even Our research universities in Alaska is currently being slated to be devel- available, much less affordable, for the and Hawaii need the same level of oped on top of the existing Internet in- universities of our most remote states connectivity as their counterparts in frastructure. of Alaska and Hawaii. These are the California, Massachusetts, North Da- The existing Internet infrastructure states where telecommunications is kota and Colorado. Our remote univer- can be visualized as a series of pipes, of most needed to counteract the isola- sities are already paying much more varying capacity. The main conduit of tion that is imposed by our remote- and getting much less for their limited the pipe system connects the West ness. internal funding. Coast to the East Coast—essentially It must be noted first and foremost This is not just a problem for our through the middle of the United that our public universities in Alaska universities, but is fundamental to the States. and Hawaii have already dug deep to overall economic development of our Those States that host the main con- pay their own fair share to obtain states. Ensuring high-speed Internet duit are fortunate—they have low cost Internet connectivity. These two insti- access to the only public institutions access to relatively high capacity. tutions already allocate more internal of higher education in Hawaii and Alas- Those States that are not close to the funding for Internet connections than ka also supports K–12 education, state main conduit face increasing costs the any other university, yet they receive government, and many other edu- further they are from the main con- far less capacity for their dollars im- cation, research and public sector orga- duits.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12649 The NGI project has agreed to in- during his 29 years of service with Ex- It is an honor to pay tribute to this clude some States—like Montana that ceptional Persons, Inc. Exceptional impressive leader. I extend my best face challenges connecting to the main Persons is a private, nonprofit organi- wishes to Gary, his wife Pat, and his conduits. However, our States—Alaska zation in Waterloo, IA that provides a children, Christopher and Amy, on this and Hawaii—have been essentially wide range of services to those with auspicious milestone. Well done, Gary, written off. disabilities including residential and and keep up the great work.∑ This isn’t just a question of our uni- family services, as well as child care. f versities being left behind. It is a ques- For the last 14 years, Gary has served WOODROW WOODY tion of our entire states being left be- as its executive director. hind as we enter the new millennium Gary brings a deep passion to his ∑ Mr. ABRAHAM. Mr. President, I rise when high speed connectivity will be work, reflected by the fact that the today to acknowledge an important essential to every aspect of life. people served by Exceptional Persons event in the life of one of my dearest We are already witnessing mass scale always come first. friends. On Saturday, November 15, technological convergence. From my Black Hawk County and its commu- 1997, Woodrow Woody will celebrate his computer here in the Senate I can nities and people, especially those who 90th birthday. I am pleased and hon- make telephone calls, I can listen to have disabilities and their families, ored to send my heartfelt best wishes the radio, I can watch television—all have benefited from his caring commit- to him on this important day. over the Internet. This is not possible ment. I salute the work Gary has done Woodrow Woody is someone that I from most of Alaska and Hawaii—the on behalf of disabled individuals and truly admire. Not only is Woodrow a connections are simply too poor. his community. I wish him the best successful businessman in Detroit, MI, Currently data traffic is growing at a and I encourage those who know Gary he is a man who is deeply committed to much faster pace than telephone traf- to use his years of dedication as a role his wife, Anne and his community. fic—if this continues, early in the next model for public service.∑ Through his tireless dedication to his century data traffic will surpass tele- community and the many organiza- phone traffic. Where will that leave f tions to which he gives much of his Alaska and Hawaii if we don’t have the TRIBUTE TO GARY SAUTER time, he has and continues to touch infrastructure in place to send data? ∑ Mr. KENNEDY. Mr. President, De- the lives of many in the State of Michi- Right now many villages in rural cember 6 marks the 50th birthday of gan. Alaska can only access the Internet by one of the Nation’s finest labor leaders. On this momentous day, I say thank dialing a 1–800 number which connects Gary Sauter has been a member of the you to Woodrow. He has inspired me them to an Internet service provider in United Food and Commercial Workers and served as a second father to me Anchorage. They are connected to the and its predecessor, the Retail Clerks throughout the years. His wisdom and Internet at speeds of around 1200 International Association, for over 30 integrity continue to motivate me and BAUD. Not only is this access slow— years, and he has done an outstanding countless others. Again, I am honored to recognize Woodrow on the occasion considering that most Americans now job. normally connect at at least 28,800 of his 90th birthday in the U.S. Sen- Gary comes from a hard-working ∑ BAUD—but it is also costly. union family. His father and mother ate. I join Senator INOUYE in asking that were both members of the Retail f those universities and agencies who re- Clerks Union in Baltimore. In fact, ceive part of the $95 million that we OECD SHIPBUILDING AGREEMENT they became engaged after a labor dis- have provided for the next generation ∑ Mr. BREAUX. Mr. President, I pute. Internet project use the funds in a strongly support passage of S. 1216, leg- Following in their footsteps, Gary manner that will advance the interests islation to implement the OECD Ship- joined the Retail Clerks in 1965, as a of our country as a whole. building Agreement. S. 1216 was favor- I also ask for the assistance of pri- cashier for Safeway Stores while he ably reported out of both the Senate vate industry in helping us to solve the was attending the Baltimore College of Finance and Commerce Committees. technical problems that our States face Commerce. The union quickly recog- The issue of unfair foreign ship- in obtaining connectivity levels that nized his ability and, in 1969, Gary be- building practices is very important to are comparable to the rest of the coun- came a department store organizer. He my State. Louisiana is one of the pre- try. As one of the witnesses said earlier worked effectively to organize workers mier shipbuilding states in the coun- this week at the NGI hearing before at the Hoschschilds Kohn department try. Over 27,000 Louisiana jobs are im- the Science, Technology, and Transpor- store in Baltimore, and went on to be- pacted by constructing or repairing tation Subcommittee, it will take an come regional coordinator for the Re- ships. We have almost every conceiv- innovative solution to provide Alaska tail Clerks’ Southeastern Division. able type and size shipyard, from a with good connectivity. Later, Gary became organizing direc- huge primarily defense oriented yard Conventional solutions, such as lay- tor for Local 400 of the Retail Clerks in to smaller and medium sized strictly ing high capacity fiber to every village Landover, MD. In large part because of commercial yards. My interest in this are simply not feasible economically at Gary’s efforts, the local grew to one of issue spans the entire range of ship- this time. the largest and most effective local building. I am committed to finding a solution unions in the Washington, DC area. I believe it’s important to state again to these problems—I know that Sen- In 1988, after the Retail Clerks for the record the historical context ator INOUYE is too—I hope that our col- merged with the Amalgamated Meat that surrounds the OECD Shipbuilding leagues will join us and that this will Cutters to form the United Food and agreement and this implementing leg- be viewed as a national problem and Commercial Workers’ Union, Gary islation. If nothing else, we should not just as a competition for Federal joined the new international as special learn from history. 1974–1987, saw research funds.∑ assistant to the president. He contin- worldwide overall demand for ocean ued to be a leader and, in 1994, was f going vessels decline 71%. United elected international vice president of States merchant vessel construction J. GARY MATTSON the union. Later that year he was cho- went from an average of 72 ships/year ∑ Mr. GRASSLEY. Mr. President, I sen to serve as director of the union’s in the 1970’s to an average of 21 ships/ would like to acknowledge the accom- Legislative and Political Affairs De- year in the 1980’s. During this period, plishments of J. Gary Mattson, of Wa- partment, a position he holds today. governments in all the shipbuilding na- terloo, IA. Gary is an individual who Throughout his distinguished career tions, with the exception of the United has shown a great dedication to sup- Gary has done a brilliant job for the States, dramatically stepped up aid to porting people with disabilities, workers he represents. He has never their shipyards with massive levels of strengthening families, and serving his lost sight of the importance of their subsidies in virtually every form. community. needs, and he has worked skillfully and In 1981, the U.S. government unilat- Gary is a leader in the field of help- tirelessly to improve the wages and erally terminated commercial con- ing people with disabilities, especially working conditions of all Americans. struction subsidies to U.S. yards. At

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12650 CONGRESSIONAL RECORD — SENATE November 13, 1997 the same time, U.S. defense ship- dition, it seeks to support, not undercut, the offered by Congressman HERB BATEMAN building increased in an effort to reach negotiations that are currently underway in passed the Chamber, but was incon- a 600 ship Navy. U.S. defense ship- the OECD. In this regard, we have made clear sistent with the agreement. The Senate our intention to modify this program, as appro- failed to consider an implementing bill building construction went from an av- priate, so that it would be consistent with the erage of 79 ships/year in the 1970’s to an provision of a multilateral agreement—-if and before adjournment though we made average of 95 ships/year in the 1980’s. when such an agreement enters into force. (em- relentless efforts to address the con- U.S. international commercial ship- phasis added). cerns of opponents and engage them in building, on the other hand, was vir- In all the comments I have heard to constructive dialog. tually abandoned to subsidized foreign date about this agreement, I have yet Every time opponents have raised an yards. to hear of a scenario whereby U.S. in- objection, we have tried to address it in The end of the 1980’s and the end of dustry is better off fighting unfair a manner consistent with the agree- the ‘‘Cold War’’ saw a Department of shipbuilding practices without the ment. First, when they said they needed ex- Defense reevaluation of the need for a agreement than it is with the agree- plicit clarification that the United 600 ship Navy. The U.S. shipbuilding in- ment. The ‘‘loopholes’’ referred to by States would not under any cir- dustry was consequently forced to re- opponents will become the rule rather cumstances change its Jones Act, we evaluate its need to secure commercial than limited and temporary excep- ship construction orders in order to did it and more. tions. The Congress is not prepared in Second, when they said they needed stay in business. In June of 1989, the this time of fiscal restraint to match explicit clarification that our national U.S. shipbuilding industry, represented their subsidies with ours. security interests would be protected at that time by the ‘‘Shipbuilders Concerns about the agreement put- and that the definitions of ‘‘defense Council of America’’, filed a section 301 ting the Jones Act domestic build re- features’’ and ‘‘military reserve ves- claim against the major shipbuilding quirement at risk are contradicted by sels’’ would be decided by the Sec- countries of the world for unfair sub- the fact that the largest ‘‘Jones Act’’ retary of Defense, we did it and more. sidies and practices that were injuring carriers in the country, who avidly Third, when they said they needed 30 the U.S. industry. support this agreement. They say this additional months of current Title XI Later that year, however, U.S. Trade implementing bill strengthens the financing terms to cover projects close Ambassador Carla Hills, convinced the Jones Act. If that protection were not to having their applications in, we did industry that a better, more effective enough, we added language providing it and more. way to eliminate the unfair foreign for an expedited procedure for U.S. In fact, S. 1216, as amended by Sen- subsidies and practices was through withdrawal from the agreement if the ator LOTT and myself, meets every le- multilateral negotiations. The indus- Jones Act were perceived to be under- gitimate concern raised by opponents. I try decided to give international nego- mined. am including a detailed comparison of tiations a chance and therefore with- Opponents argue that new export or- this bill with the issues raised in the drew its Section 301 claim. The U.S. ders associated with the current U.S. Bateman amendment. then encouraged the responsible trad- title XI export financing program will This agreement is not perfect being partners to enter into negotiations be lost under the agreement. These or- cause there is no such thing as a per- and the five year OECD quest to nego- ders exist, however, because a title XI fect agreement. To overlook its signifi- tiate the elimination of trade dis- financing advantage is in place due to cant features, such as elimination of torting shipbuilding practices had the standstill clause in the OECD foreign subsidies while ensuring that begun. agreement. If we reject the agreement, the U.S. is the only country of all the From late 1989 to late 1994, the OECD we lose the standstill clause, and con- signatories able to reserve its domestic negotiations were on and off again. sequently we lose our current title XI market from foreign competition, pro- During 1993, when the talks had seem- advantage. Considering the European vides an inaccurate view at best. ingly collapsed, I introduced a bill in Union routinely provides billions of In conclusion, Mr. Chairman, there the Senate (S. 990) and then Congress- dollars of direct shipyard aid each year are no opponents to the U.S. ship- man Sam Gibbons introduced a bill in and absent this agreement will soon rebuilding and broader maritime indus- the House (H.R. 1402), that would have direct and increase this aid, matching try in this debate today. We simply unilaterally triggered significant sanc- our U.S. financing program will require have different members with different tions against ships constructed in for- minimal EU effort and change. constituencies and different priorities. We must decide as a Senate, however, eign subsidized yards when those ships If this debate is really about com- if we want to provide our own U.S. called upon the United States. Despite peting for international export orders, commercial shipyards the right and prompting a flood of domestic opposi- and unless we are prepared to enter ability to compete on a level playing tion from those fearing the bills would into a subsidies race with our competitors, I don’t see how we can reject this field for international work. start a trade war, the introduction of I join Senator LOTT in promoting the agreement. Not only is Congress con- these bills did help re-ignite the stalled entire U.S. shipbuilding industry. tinually faced with dire budgetary de- OECD talks. America needs both a competitive U.S. From June 1989 until the present cisions, such as cutting Medicare and commercial shipbuilding industry as agreement was signed on December 21, Medicaid, but the Department of De- well as a strong defense shipbuilding 1994, the U.S. objective and the U.S. in- fense has indicated that it is reluctant industry. We can have both if we enact dustry’s urgent request appeared to be and unwilling to fund commercial ship- the OECD Shipbuilding Agreement leg- simple: ‘‘Eliminate subsidies and we building subsidies through its DOD ac- islation. I look forward to a vote on can compete.’’ When the Clinton ad- counts. this agreement in the U.S. Senate be- ministration came into office, to its Greater competition from our trad- fore March 1, 1998. credit, it proposed a ‘‘Shipyard Revi- ing partners due to increasing world The material follows: shipbuilding capacity and the inevi- talization Plan.’’ A main feature of HOW S. 1216 (AS AMENDED BY SENATE FINANCE this plan was new Title XI financing table decrease in demand for new AND COMMERCE COMMITTEES) COMPARES TO for commercial export orders. oceangoing vessels, will lead us to the H.R. 2754 (AS AMENDED BY CONGRESSMAN In a Senate Finance Committee, same untenable situation that con- BATEMAN) Trade Subcommittee hearing on No- fronted our industry in 1981 if we do TITLE XI vember 18, 1993, a year before the not approve this agreement. We won’t S. 1216 includes Title XI transition lan- agreement was signed, Assistant have adequate trade laws to protect guage more favorable than the Bateman U.S.T.R. Don Phillips described the our industry and we won’t have enough Amendment. Under S. 1216, the U.S. would be plan and its relationship to the OECD subsidies to successfully compete for able to keep its current (25-year/87.5% of the project cost) Title XI financing through Jan- Agreement as follows: international orders. Last year, the full House of Rep- uary 1, 2001. The Bateman Amendment ex- Finally, this five-point program is a transi- tended such terms through January 1, 1999. tional program, consistent with federal as- resentatives considered implementing S. 1216, like the Bateman Amendment, pro- sistance to other industries seeking to con- legislation for the OECD Shipbuilding vides a full three-year delivery ‘‘grace pe- vert from defense to civilian markets. In ad- Agreement. A substitute amendment riod’’ for ships that receive 25-year Title XI

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12651 financing. Therefore under S. 1216, such ships reserve vessels’’ and anything he deems to be are taken into account, the bill pro- would have to be delivered no later than Jan- in the ‘‘essential security interests’’ of the vides a total of $13.9 billion in budget uary 1, 2004. S. 1216, like the Bateman United States. authority and $13.8 billion in outlays S. 1216 allows the Secretary of Defense to Amendment, allows for further extending the for these programs for fiscal year 1998. delivery date in the case of ‘‘unusual cir- exempt all or part of a ship on which Na- cumstances’’ (defined the same as the Bate- tional Defense Features are installed, on a Mr. President, final action on the man Amendment). case by case basis. conference agreement necessitated a S. 1216 includes a provision not in the The bill would not enable other OECD reallocation of funding authority for Bateman Amendment that allows the U.S. to party nations to question U.S. authority to this bill. I regret that this reallocation make the current favorable terms of the protect its essential security interests. was necessary because it was avoid- Title XI program available to U. S shipyards In a May 29, 1996, letter to the Chairman of able. when competing against bids of subsidized the House Committee on National Security, the Department of Defense stated defini- Section 205 of the fiscal year 1998 yards in countries that are not signatories to budget resolution provided for the allo- the OECD Agreement. This provision: (1) pro- tively; ‘‘The Agreement will not adversely vides an incentive for such nations to join effect our national security.’’ cation of $700 million in budget author- the OECD Shipbuilding Agreement and, (2) OTHER PROVISIONS ity for Federal land acquisition and to protects U.S. shipyards from unfair competi- S. 1216 includes the same conditions for US finalize priority land exchanges upon tion from subsidized yards in nations that withdrawal from the Agreement, and the the reporting of a bill that included fail to join the Agreement. same provisions for the snap-back of US laws such funding. JONES ACT changed by this legislation, as the Bateman The distinguished chairman of the S. 1216 provides extraordinary protections Amendment. Senate Interior Subcommittee infor the Jones Act that fully meet the objec- Just like the Bateman Amendment, S. 1216 cluded these funds in title V of the bill tives of the Bateman Amendment. provides an effective mechanism for ‘‘third as originally reported. As Chairman of S. 1216 states unequivocally that US coast- party’’ dumping petitions. The provision in S. 1216 conforms to the existing US anti- the Budget Committee, I allocated wise laws are completely unaffected by this these funds to the Appropriations Com- Agreement. This provision is virtually iden- dumping code. S.1216 requires that anti- tical to the Bateman Amendment. dumping actions be ‘‘consistent with the mittee, which in turn provided them to S. 1216 states that nothing in this Agree- terms of the Shipbuilding Agreement’’. the Interior Subcommittee. ment shall undermine ‘‘the operation or ad- S. 1216 includes several provisions that If the conferees had adopted the Sen- ministration of our coastwise laws’’. This would substantially strengthen our moni- ate language, I would not have been in provision provides a stronger statement of toring and enforcement capabilities under the position of withdrawing this fund- protection for the Jones Act than the Bate- the Agreement. USTR would be directed to establish a comprehensive interagency coming allocation. However, the conferees man Amendment. modified the Senate language to pro- S. 1216 provides a legislative procedure pliance monitoring program in conjunction (Joint Resolution) for Congress to initiate with the U.S. shipbuilding industry and the vide only $699 million for land acquisi- US withdrawal from the Agreement if, ‘‘re- maritime labor community, and to report to tion, and to expand the use of these sponsive measures’’ to U.S. Jones Act con- Congress annually. funds for additional purposes: Critical struction are taken. This process provides an S. 1216 further directs the US Government maintenance activities are added as an equivalent alternative to the Bateman to vigorously pursue enforcement against allowable activity under this title V Amendment prohibition against counter- noncompliance by other nations. These im- funding; $10 million is provided for a measures being filed against the US and provements are beyond the scope of the Bateman Amendment. payment to Humboldt County, CA, as which is consistent with the agreement. part of the headwaters land acquisi- Responsive countermeasures against the S. 1216 includes provisions that substan- Jones Act are a highly theoretical event. tially enhance our ability to secure the action; and $12 million is provided for the Under the agreement, responsive counter- cession to the Agreement of other ship- repair and maintenance of the measures are authorized only when relevant building countries including, specifically, Beartooth Highway as part of the Jones Act construction ‘‘significantly upsets Australia, Brazil, India, the Peoples Republic Crown Butte/New World Mine Land ac- the balance of rights and obligations of the of China, Poland, Romania, Singapore the quisition. Russian Federation, and Ukraine. This im- agreement.’’ Even the most optimistic pro- I was a conferee on the bill. The Sen- jections indicate that relevant U.S. Jones provement goes beyond the scope of the Bateman Amendment.∑ ate Budget Committee provided clari- Act construction will represent only a frac- fying language to the conferees on the tion of 1% of the global shipbuilding market. f Interior appropriations bill during Furthermore, the withdrawal provision in S. CONFERENCE REPORT ACCOM- 1216 provides a disincentive for a nation to their meeting on September 30. This pursue a countermeasure against the U.S. PANYING H.R. 2107, THE INTE- language simply restated that moneys since a successful action would result in U.S. RIOR AND RELATED AGENCIES provided in title V, when combined withdrawal from the Agreement. U.S with- APPROPRIATIONS BILL, 1998 with moneys provided by other titles of drawal from the Agreement would not only ∑ Mr. DOMENICI. Mr. President, I rise the bill for Federal land acquisition, moot the countermeasure, it would termi- to address the conference report ac- shall provide at least $700 million for nate the Agreement altogether. Federal land acquisition and to finalize Finally in a worst case scenario, even if a companying H.R. 2107, the fiscal year Jones Act countermeasure were to be au- 1998 Interior and Related Agencies ap- priority land exchanges. thorized and for some reason the US did not propriations bill. This language, which I urged be in- withdraw from the agreement, there would The conference report was adopted by cluded throughout the 2-week period still be no real consequence to the U.S. Jones the Senate on October 28. At the time when final language was drafted, would Act shipbuilding industry. Under the agree- the bill was called up, the Budget Com- have ensured that the section 205 allo- ment, the only countermeasure allowable mittee had not received CBO’s scoring cation remained in place for this bill. without the consent of the US would be to of the final bill. This was due to the However, the Chairman decided not offset an equivalent portion of the com- significant changes to the bill made by to incorporate the Senate language, plaining party’s ‘‘Jones Act’’ market from and in fact, included language which US bidding. Because the global market is so the conferees. I have received CBO’s in- vast (2000 commercial ship starts annually), formation and now address the budg- attempts to trigger the additional $700 providing so many alternative contracts to etary scoring of the bill. million by amending the budget resolu- U.S. yards, the relatively tiny number of Mr. President, the conference agree- tion. The language in the conference contracts that might be restricted by a coun- ment provides $13.8 billion in new budg- report is directed scorekeeping, which termeasure would not significantly affect et authority and $9.1 billion in new causes a violation under section 306 of U.S. yards. Additionally, the bill would pre- outlays to fund the programs of the De- the Budget Act because it affects mat- vent any countermeasures from being taken partment of Interior, the Forest Serv- ters within the jurisdiction of the against other WTO sectors. ice of the Department of Agriculture, Budge Committee that were not re- PROTECTION OF NATIONAL SECURITY INTERESTS the Energy Conservation and Fossil ported by the Budget Committee. S. 1216 provides virtually identical lan- Energy Research and Development Mr. President, I object to the inclu- guage to that in the Bateman Amendment Programs of the Department of En- sion of this directed scorekeeping lan- for the purposes of protecting our essential security interests. ergy, the Indian Health Service, and guage in this bill, or any other bill. If S. 1216 preserves the prerogatives of the arts-related agencies. the Senate took language amending Secretary of Defense to exempt from the When outlays from prior-year budget the budget resolution into account for Agreement—‘‘military vessels’’, ‘‘military authority and other completed actions determining budgetary levels, the

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12652 CONGRESSIONAL RECORD — SENATE November 13, 1997 budget resolution levels and our efforts moved to Bremerton, Washington, General Staff College, and the National to enforce a balanced budget plan where he shined shoes and sold news- War College. He served in various as- would become meaningless. papers to supplement the family in- signments in Japan, Southeast Asia, Instead of making the choices nec- come. At the tender age of 8, he was di- Europe and the Middle East. His final essary to live within the budget resolu- agnosed with polio and given little combat command was the First Field tion levels, committees could simply chance of survival. Miraculously, he Force Artillery in Vietnam in 1968 and rely on a precedent to assert, or survived and went back to Missoula to 1969. He retired from military service ‘‘Deem,’’ that they had complied with recover and live with his grandmother. in 1972 after serving in the Pentagon as the budgetary limits, even though they From this point on in his life, Dennis head of officer assignments in the hadn’t. has fought and struggled against all Army’s Office of Personnel Operations. Such action would undermine the odds to survive and succeed. Years His honors included the Distin- budget discipline of the Senate. later, this struggle and dedication has guished Service Medal, three Legion of Since the directed scorekeeping lan- become Washington Corp., which, ac- Merit awards and the Bronze Star. I guage will not become effective until cording to a recent article in USA was honored to call him my friend. the bill is signed into law, and the con- Today, ‘‘consists of 15 businesses, em- At the Virginia Military Institute, ferees did not clarify that $700 million ploys 14,000, and generates $2.5 billion a which he loved as dearly as his family, is included in the bill for land acquisi- year in revenue.’’ there is an archway through which he tion and priority land exchanges, I had However, Dennis has never forgotten passed daily in his formative years as a no choice but to withdraw the addi- where he came from. Dennis and Phyl- cadet. It bears this quote attributed to tional allocation of funding provided in lis have strived to make Montana a General Stonewall Jackson, C.S.A.: section 205 of the budget resolution for better place. They have been instru- ‘‘You may be whatever you resolve to land acquisition and exchanges. mental in ensuring that the university be.’’ of Montana maintains its ‘‘tradition of Mr. President, I ask that a table dis- General Gus Edwards resolved to be excellence.’’ In her position as chair- playing the Budget Committee’s scor- his very best for his country, and his person of the University’s capital cam- ing of the conference agreement ac- life showed that he achieved that goal. paign, Phyllis led the 5-year effort to a companying the Interior and Related How proud the General would have record level of $71 million, over $7 mil- Agencies appropriations bill for fiscal been today of his son Richard Augustus lion of which came from her own pock- year 1998 be placed in the RECORD at Edwards, III as he was at his very best et. That will mean a higher quality of this point. and delivered these stirring, heartfelt The Senate Appropriations Com- education for our students helping more of our children to find good jobs remarks at his father’s funeral. mittee has filed a revised 302(b) alloca- ‘‘I confess I was taken aback when tion to reduce the Interior Sub- in Montana. From his humble beginnings in a Dad asked me to say a few words at his committee by the amounts withdrawn. funeral. His funeral wasn’t something The final bill is therefore $698 million house next to the railroad tracks to his present good fortune, the drive to help we talked about very much. He wasn’t in budget authority and $235 million in others has characterized Dennis Wash- particularly enthused by the topic. But outlays above the subcommittee’s re- ington’s life. He is a model for Amer- I think his request had something to do vised 302(b) allocation as filed by the ica, personifying the American dream with the fact that he was unable to at- Appropriations Committee. that someone with big dreams can tend his own father’s funeral. At the The table follows: make those dreams a reality with a lit- time my grandfather died, we were steaming across the Atlantic to an as- H.R. 2107, INTERIOR APPROPRIATIONS, 1998—SPENDING tle intelligence and a lot of hard work. signment in Europe. Dad felt he never COMPARISONS—CONFERENCE REPORT I have great respect and admiration for Dennis. He is a Montana original really got to say goodbye, and I believe [Fiscal year 1998, in millions of dollars] whose story provides inspiration to me it was something that haunted him; something that he didn’t want me to De- Non- Crime Manda- Total and many other Montanans. He has fense defense tory overcome tremendous adversity to be- experience. But for my part, I was—and Conference report: come one of the most successful busi- am—daunted by his request, especially Budget authority ...... 13,798 ...... 55 13,853 nessmen in America. However, the one in this company. What can I possibly Outlays ...... 13,707 ...... 50 13,757 Senate 302(b) allocation: thing surpassing his business acumen say that will be adequate to encompass Budget authority ...... 13,100 ...... 55 13,155 is his generosity to his fellow man. or define our fifty-two year relation- Outlays ...... 13,472 ...... 50 13,522 President’s request: Dennis and Phyllis Washington are ship? How can a son try to impart, in Budget authority ...... 13,747 ...... 55 13,802 true philanthropists that are deserving any consequential way, the meaning of Outlays ...... 13,771 ...... 50 13,821 House-passed bill: of our recognition.∑ a father’s lifetime of lessons and love Budget authority ...... 12,980 ...... 55 13,035 in just a few short minutes? Outlays ...... 13,382 ...... 50 13,432 f I’ve concluded that, for now, the best Senate-passed bill: TRIBUTE TO BRIGADIER GENERAL Budget authority ...... 13,699 ...... 55 13,754 thing is to be brief. I will say that my Outlays ...... 13,687 ...... 50 13,737 RICHARD AUGUSTUS EDWARDS, father was a man of many parts; like JR. CONFERENCE REPORT COMPARED TO: all of us, simple and complex at once. I Senate 302(b) allocation: ∑ Budget authority ...... 698 ...... 698 Mr. WARNER. Mr. President, this think he showed us his simple side Outlays ...... 235 ...... 235 week our nation bowed in humble ap- President’s request: most of the time. By simple, I mean Budget authority ...... 51 ...... 51 preciation and respect to all who have unfettered, unaffected and straight- Outlays ...... ¥64 ...... ¥64 worn the uniforms of the U.S. military House-passed bill: forward. Budget authority ...... 818 ...... 818 in recognition of Veterans’ Day. He had a simple faith. He believed Outlays ...... 325 ...... 325 Today, family and friends gathered in deeply and unequivocally in his God. Senate-passed bill: Arlington Cemetery to give our final Budget authority ...... 99 ...... 99 He maintained a strong and simple Outlays ...... 20 ...... 20 salute to one of those veterans—Briga- dier General Richard Augustus belief in the rightness of truth and Note: Details may not add to totals due to rounding. Totals adjusted for honor. consistency with current scorekeeping conventions.• Edwards, Jr. He placed a premium on fidelity, and f Brigadier General Edwards was born in Smithfield, Virginia and graduated insisted that loyalty is a two-way DENNIS AND PHYLLIS from the Virginia Military Institute in street. WASHINGTON 1939. He joined the Army in 1940 and He lived always by the VMI Honor ∑ Mr. BAUCUS. Mr. President, I rise during World War II served in Burma, Code, never to lie, cheat, or steal nor today to recognize the achievements India and China with a mule-drawn ar- countenance those who do. and accomplishments of my fellow tillery unit. He became an expert He despised expedience and had no Montanans and good friends, Dennis horseman, and competed for the Army patience with the cynicism of modern and Phyllis Washington. in stadium jumping and polo. deconstructionists. Dennis was born July 27, 1934, in Mis- After the war, he attended the Field There were not many gray areas in soula, Montana. As a young boy, he Artillery School, the Command and his life.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12653 He loved his country. He loved his METCALF. This local citizen’s advisory tion Act even though it did not pass until home state of Virginia and he took rea- commission is designed to assess the after he had left the Club. sonable pride in his roots, which resource protections needs and values Doug was also the most inspirational and motivational speaker within the Club, flying reached back to Jamestown. of the Northwest Straits marine envi- tens of thousands of miles every year to ap- And most of all, he loved his family. ronment and to explore the best ways pear at Chapter annual meetings and re- Family was everything to him. He to provide protections for this exquis- treats to preach about the power of the adored and revered his parents. His ite natural area. Doug’s participation grassroots and the importance of combating brothers, their wives and children; my in this process has been invaluable. His apathy and cynicism. He was also one of the mother’s sisters, their husbands and deep commitment to protection of the funniest leaders the Club has known, the children, all were sources of endless in- marine environment combined with his source and subject of jokes and follies songs. He was the spark behind the national con- terest, enjoyment and satisfaction to thoughtful, innovative, and pragmatic servation work of the Club for 15 years. him. He shared forty-eight years with approach has provided real progress for The Club has been blessed with a series of my mother, and they were totally de- the Commission as it works through its powerful, inspirational, smart, and articu- voted to one another. mandate. Doug’s ability to work with late leaders that exemplify the best traits of And how he loved his girls: Augusta, individuals with differing idealogies our founder, John Muir. From the late 1970’s who he was so proud to have bear his and perspectives in a cooperative and to the early 1990’s Doug Scott lead the Club name; Christine, in whom he took such productive manner is a true asset to in the spirit of John Muir. He deserves the Club’s highest conservation honor for his delight as his first grandchild; Annie, the Commission, and to the Northwest service, accomplishments, and inspiration.∑ the only woman I know who he genu- Straits as well. inely didn’t mind losing arguments to, In Doug’s remarks at the Annual f and Babs, who gave so much of herself Awards Dinner, he said: PERFORMANCE GOALS FOR THE to him, especially over the last few Much as this award is personally grati- PRESCRIPTION DRUG USER FEE months. He was one lucky guy. And fying. I prefer to think of it as recognition ACT OF 1997 now he’s come full circle. As a newly for an era in the growth and growing effec- ∑ Mr. JEFFORDS. Mr. President, on minted second lieutenant in 1940, he ar- tiveness of the Sierra Club and the citizen November 9 the Senate adopted Con- environmental movement. Each achievement rived here at Fort Meyer, his first duty ference Report 105–399, that accom- station. He lived just a few steps away during that era was the work of many hands. This award is for all of the Sierra Club vol- panied S. 830, the Food and Drug Ad- from this chapel at Quarters 201–A, and unteers and other activists that have proven ministration Modernization Act of 1997. he buried old soldiers. Now the time that in this democracy, working together, an This legislation puts into place long- has come to return the honor. engaged citizenry can make a tremendous needed reforms in FDA’s regulatory God bless you, Old Soldier. difference. I discovered the power of citizen procedures and also reauthorizes the f activism over 25 years ago in the Sierra Club Prescription Drug User Fee Act of 1992 and now I see its impact every day in my TRIBUTE TO WASHINGTON STATE [PDUFA] for an additional 5 years. work in the San Juan Islands. The original PDUFA has brought CITIZEN DOUG SCOTT, 1997 RE- The Sierra Club has chosen well in faster reviews of drug applications. By CIPIENT OF THE SIERRA CLUB awarding Doug Scott the John Muir all accounts the success is due to the JOHN MUIR AWARD Award. I applaud their decision and I underlying collaboration and partner- ∑ Mrs. MURRAY. Mr. President, I rise applaud Doug Scott. I thank him for ship between FDA and the developers to pay tribute to a distinguished cit- his commitment to the environment of of innovative new medicines in using izen of the great state of Washington, the San Juan Islands, the Northwest the fees paid by industry to bring the Mr. Doug Scott. Doug was recently rec- Straits, Washington state, and the necessary review resources to bear on ognized by the Sierra Club with the United States. Great work, Doug. Con- applications for new drugs. The 1992 act 105-year-old organization’s highest gratulations. did not set the performance goals for award, the John Muir Award. The Si- Mr. President, I ask that the nomi- activities funded by user fees into the erra Club presents this award to honor nating statement for Doug Scott by law. Rather, these performance goals individuals with a ‘‘distinguished Bruce Hamilton, Conservation Director were set forth in a side-letter from the record of leadership—such as to con- of the Sierra Club be printed in the administration to the chairs and rank- tinue John Muir’s work of preservation RECORD. ing members of the House Commerce and establishment of parks and wilder- The statement follows: and Senate Labor and Human Re- ness.’’ DOUG SCOTT RECEIVES THE SIERRA CLUB’S sources committees. These perform- Doug Scott has certainly perpetuated JOHN MUIR AWARD ance goals in the side-letter have stood the vision and leadership of John Muir NOMINATING STATEMENT BY BRUCE HAMILTON, the test of time—FDA has honored and throughout his years of commitment CONSERVATION DIRECTOR, SIERRA CLUB met these goals as if they were in stat- to the environment. Beginning his ca- Doug has been a mentor and an inspiration ute. Based on that experience, the Con- reer of dedication to the environment to an entire generation of environmental gress has agreed to use this approach in 1967 by joining the Sierra Club, Doug leaders, myself included. I feel so lucky to again in establishing the performance moved from his first involvement in have learned my skills at the side of this goals for drug reviews funded by user master. the public policy process to be one of Doug had a way of turning dreams and vi- fees over the next 5 years. the original founders of Earth Day. sions into reality. Ed Wayburn had the vi- Today, I am submitting for the From 1973 to 1977 Doug was the Sierra sion for an Alaska Lands Act, but it was RECORD a letter addressed to me and Club’s Northwest field representative. Doug Scott who pulled together and directed signed by Secretary of Health and In 1980, Doug became the National Con- the 8 year campaign that passed the largest Human Services, Donna E. Shalala, servation Director of the Sierra Club land protection bill in history. Rupert Cutler dated November 12, 1997. This letter and in 1988, the organization’s Asso- may have conceived of the RARE II wilder- specifies the performance goals for the ciate Executive Director. In 1990, Doug ness review, but it was Doug Scott who mar- use of PDUFA fees for fiscal years 1998 shalled the resources and provided the lead- left the Sierra Club for the beautiful ership to steer dozens of RARE II wilderness through 2002. These goals, which were San Juan Islands in my state of Wash- bills through the Congress. When states like agreed to at the conclusion of negotia- ington to direct the San Juan Commu- Utah couldn’t even boast a single wilderness tions between FDA officials and phar- nity Theater in Friday Harbor. Doug is area in the entire state, Doug packaged a maceutical and biotechnology industry now the Executive Director of a local, group of areas together into the Endangered representatives, are those referred to grass-roots environmental organiza- American Wilderness Act and mobilized a in section 101(4) of the Food and Drug tion, Friends of the San Juans. national campaign to pass it. Doug also de- Administration Modernization Act of It is in this most recent capacity veloped the strategy that enabled us to pass 1997. that I have come to most appreciate the Superfund (remember the Superactivist Mr. President, it is my hope that the we mailed out of SF every Friday?), the Doug’s skills and abilities. Doug is an Clean Air Act Amendments (remember the next 5 years will see reductions in the essential member of the Northwest Vento-Green medals?), and other anti-pollu- drug development time, as well as fur- Straits Citizen’s Advisory Commission tion campaigns. He was the inspiration and ther reductions in the time taken to that I convened with Congressman strategist for the California Desert Protec- actual review an applications.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12654 CONGRESSIONAL RECORD — SENATE November 13, 1997 The letter follows: 5. Review and act on 90 percent of manu- 2001 within 12 months and review and act on facturing supplements filed during fiscal 70 percent within 10 months of receipt. THE SECRETARY OF year 1998 within 6 months of receipt. 4. Review and act on 90 percent of priority HEALTH AND HUMAN SERVICES, 6. Review and act on 90 percent of all re- Washington, DC, November 12, 1997. efficacy supplements filed during fiscal year submitted original applications filed during 2001 within 6 months of receipt. Hon. JAMES M. JEFFORDS, the fiscal year 1998 within 6 months of re- 5. Review and act on 90 percent of manu- Committee on Labor and Human Resources, ceipt, and review and act on 30 percent of facturing supplements filed during fiscal U.S. Senate, Washington, DC. Class 1 resubmitted original applications year 2001 within 6 months of receipt and re- DEAR MR. CHAIRMAN: As you are aware, the Prescription Drug User Fee Act of 1992 within 2 months of receipt. view and act on 70 percent of manufacturing (PDUFA) expired at the end of Fiscal Year Fiscal year 1999 supplements requiring prior approval within 1997. Under PDUFA, the additional revenues 1. Review and act on 90 percent of standard 4 months of receipt. 6. Review and act on 90 percent of Class 1 generated from fees paid by the pharma- original NDA and PLA/BLA submissions resubmitted original applications filed dur- ceutical and biological prescription drug in- filed during fiscal year 1999 within 12 months ing fiscal year 2001 within 4 months of re- dustries have been used to expedite the pre- of receipt and review and act on 30 percent ceipt and review and act on 70 percent within scription drug review and approval process, within 10 months of recept. 2 months of receipt. in accordance with performance goals that 2. Review and act on 90 percent of priority 7. Review and act on 90 percent of Class 2 were developed by the Food and Drug Admin- original NDA and PLA/BLA submissions resubmitted original applications within 6 istration (FDA) in consultation with the in- filed during fiscal year 1999 within 6 months months of receipt. dustries. To date, FDA has met or exceeded of receipt. the review performance goals agreed to in 3. Review and act on 90 percent of standard Fiscal year 2002 1992, and is reviewing over 90 percent of pri- efficacy supplements filed during fiscal year 1. Review and act on 90 percent of standard ority drug applications in 6 months and 1999 within 12 months of receipt and review original NDA and PLA/BLA submissions standard drug applications in 12 months. and act on 30 percent within 10 months of re- filed during fiscal year 2002 within 10 months FDA has worked with representatives of ceipt. of receipt. the pharmaceutical and biological prescrip- 4. Review and act on 90 percent of priority 2. Review and act on 90 percent of priority tion drug industries, and the staff of your efficacy supplements filed during fiscal year original NDA and PLA/BLA submissions Committee, to develop a reauthorization 1999 within 6 months of receipt. filed during fiscal year 2002 within 6 months proposal for PDUFA that would build upon 5. Review and Act on 90 percent of manu- of receipt. and enhance the success of the original pro- facturing supplements filed during fiscal 3. Review and act on 90 percent of standard gram. Title I, Subtitle A of the Food and year 1999 within 6 months of receipt and re- efficacy supplements filed during fiscal year Drug Administration Modernization Act of view and act on 30 percent of manufacturing 2002 within 10 months of receipt. 1997, S. 830, as passed by the House and Sen- supplements requiring prior approval within 4. Review and act on 90 percent of priority ate on November 9, 1997, reflects the fee 4 months of receipt. efficacy supplements filed during fiscal year mechanisms developed in these discussions. 6. Review and act on 90 percent of Class 1 2002 within 6 months of receipt. The performance goals referenced in Section resubmitted original applications filed dur- 5. Review and act on 90 percent of manu- 101(4) are specified in the enclosure of this ing fiscal year 1999 within 4 months of re- facturing supplements filed during fiscal letter, entitled ‘‘PDUFA Reauthorization ceipt and review and act on 50 percent within year 2002 within 6 months of receipt and re- Performance Goals and Procedures.’’ I be- 2 months of receipt. view and act on 90 percent of manufacturing lieve they represent a realistic projection of 7. Review and act on 90 percent of Class 2 supplements requiring prior approval within what FDA can accomplish with industry co- resubmitted original applications filed dur- 4 months of receipt. operation and the additional resources iden- ing fiscal year 1999 within 6 months of re- 6. Review and act on 90 percent of Class 1 tified in the bill. ceipt. resubmitted original applications field dur- This letter and the enclosed goals docu- Fiscal year 2000 ing fiscal year 2002 within 2 months of re- ment pertain only to Title I, Subtitle A 1. Review and Act on 90 percent of standard ceipt. (Fees Related to Drugs) of S. 830, the Food original NDA and PLA/BLA submissions 7. Review and act on 90 percent of Class 2 and Drug Administration Modernization Act filed during fiscal year 2000 within 12 months resubmitted original applications within 6 of 1997. of receipt and review and act on 50 percent months of receipt. OMB has advised that there is no objection within 10 months of receipt. These review goals are summarized in the to the presentation of these views from the 2. Review and Act on 90 percent of priority following tables: standpoint of the Administration’s program. original NDA and PLA/BLA submissions We appreciate the support of you and your filed during fiscal year 2000 within 6 months ORIGINAL NDAs/BLAs/PLAs AND EFFICACY SUPPLEMENTS staff, the assistance of other Members of the of receipt. Submission Committee, and that of the Appropriations 3. Review and act on 90 percent of standard cohort Standard Priority Committees, in the reauthorization of this efficacy supplements filed during fiscal year vital program. 2000 within 12 months of receipt and review Fiscal year: and act on 50 percent within 10 months of re- 1998 ...... 90 pct. in 12 mos ...... 90 pct. in 6 mos. Sincerely, 1999 ...... 30 pct. in 10 mos ...... 90 pct. in 6 mos. DONNA E. SHALALA. ceipt. 90 pct. in 12 mos ...... Enclosure. 4. Review and act on 90 percent of priority 2000 ...... 50 pct. in 10 mos ...... 90 pct. in 6 mos. efficacy supplements filed during fiscal year 90 pct. in 12 mos ...... PDUFA REAUTHORIZATION PERFORMANCE 2001 ...... 70 pct. in 10 mos ...... 90 pct. in 6 mos. GOALS AND PROCEDURES 2000 within 6 months of receipt. 90 pct. in 12 mos ...... 5. Review and Act on 90 percent of manu- 2002 ...... 90 pct. in 10 mos ...... 90 pct. in 6 mos. The performance goals and procedures of facturing supplements filed during fiscal the FDA Center for Drug Evaluation and Re- year 2000 within 6 months of receipt and re- MANUFACTURING SUPPLEMENTS search (CDER) and the Center for Biologics view and act on 50 percent of manufacturing Evaluation and Research (CBER), as agreed supplements requiring prior approval within to under the reauthorization of the prescrip- Manufacturing supplements that— 4 months of receipt. Submission tion drug user fee program in the ‘‘Food and 6. Review and act on 90 percent of Class 1 cohort Do not require prior ap- 1 Do require prior approval Drug Administration Modernization Act of resubmitted original applications filed dur- proval 1997,’’ are summarized as follows: ing fiscal year 2000 within 4 months of re- Fiscal year: I. FIVE-YEAR REVIEW PERFORMANCE GOALS ceipt and review and act on 50 percent within 1998 ...... 90 pct. in 6 mos ...... 90 pct. in 6 mos. 1999 ...... 90 pct. in 6 mos ...... 30 pct. in 4 mos. Fiscal year 1998 2 months of receipt. 90 pct. in 6 mos. 1. Review and act on 90 percent of standard 7. Review and act on 90 percent of Class 2 2000 ...... 90 pct. in 6 mos ...... 50 pct. in 4 mos. original New Drug Application (NDAs) and resubmitted original applications filed dur- 90 pct. in 6 mos. ing fiscal year 2000 within 6 months of re- 2001 ...... 90 pct. in 6 mos ...... 70 pct. in 4 mos. Product License Applications (PLAs)/Bio- 90 pct. in 6 mos. logic License Applications (BLAs) filed dur- ceipt. 1 Changes being effected or 30-day supplements. ing fiscal year 1998 within 12 months of re- Fiscal year 2001 ceipt. 1. Review and act on 90 percent of standard RESUBMISSION OF ORIGINAL NDAs/BLAs/PLAs 2. Review and act on 90 percent of priority original NDA and PLA/BLA submissions original NDA and PLA/BLA submissions filed during fiscal year 2001 within 12 months Submission filed during fiscal year 1998 within 6 months and review and act on 70 percent within 10 cohort Class 1 Class 2 of receipt. months of receipt. Fiscal years: 3. Review and act on 90 percent of standard 2. Review and act on 90 percent of priority 1998 ...... 90 pct. in 6 mos ...... 90 pct. in 6 mos. efficacy supplements filed during fiscal year original NDA and PLA/BLA submissions 30 pct. in 2 mos ...... 1998 within 12 months of receipt. filed during fiscal year 2001 within 6 months 1999 ...... 90 pct. in 4 mos ...... 90 pct. in 6 mos. 50 pct. in 2 mos ...... 4. Review and act on 90 percent of priority of receipt. 2000 ...... 90 pct. in 4 mos ...... 90 pct. in 6 mos. efficacy supplements filed during fiscal year 3. Review and act on 90 percent of standard 70 pct. in 2 mos ...... 1998 within 6 months of receipt. efficacy supplements filed during fiscal year 2001 ...... 90 pct. in 2 mos ...... 90 pct. in 6 mos.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12655 RESUBMISSION OF ORIGINAL NDAs/BLAs/PLAs—Continued time that supporting documentation (i.e., are not 30 days before the next scheduled ad- the ‘‘backgrounder’’) for the meeting will be visory committee, the issue will be presented Submission Class 1 Class 2 sent to the Center (i.e., ‘‘x’’ weeks prior to at the following scheduled committee meet- cohort the meeting, but should be received by the ing in order to allow conformance with advi- 2002 ...... 90 pct. in 2 mos ...... 90 pct. in 6 mos. Center at least 2 weeks in advance of the sory committee administrative procedures. scheduled meeting for Type A or C meetings VI. SPECIAL PROTOCOL QUESTION ASSESSMENT II. NEW MOLECULAR ENTITY (NME) and at least 1 month in advance of the sched- AND AGREEMENT PERFORMANCE GOALS uled meeting for Type B meetings); and A. Procedure 3. The Agency concurs that the meeting The performance goals for standard and Upon specific request by a sponsor (includ- will serve a useful purpose (i.e., it is not pre- priority original NMEs in each submission ing specific questions that the sponsor de- mature or clearly unnecessary). However, re- cohort will be the same as for all of he origi- sires to be answered), the agency will evalu- quests for a ‘‘Type B’’ meeting will be hon- nal NDAs (including NMEs) in each submis- ate certain protocols and issues to assess ored except in the most unusual cir- sion cohort but shall be reported separately. whether the design is adequate to meet sci- cumstances. For biological products, for purposes of entific and regulatory requirements identi- this performance goal, all original BLAs/ IV. CLINICAL HOLDS fied by the sponsor. PLAs will be considered to be NMEs. A. Procedure 1. The sponsor should submit a limited III. MEETING MANAGEMENT GOALS The Center should respond to a sponsor’s number of specific questions about the pro- complete response to a clinical hold within tocol design and scientific and regulatory re- A. Responses to Meeting Requests 30 days of the Agency’s receipt of the sub- quirements for which the sponsor seeks 1. Procedure: Within 14 calendar days of mission of such sponsor response. agreement (e.g., is the dose range in the car- the Agency’s receipt of a request from indus- B. Performance goal cinogenicity study adequate, considering the try for a formal meeting (i.e., a scheduled intended clinical dosage; are the clinical 75% of such responses are provided within face-to-face, teleconference, or video con- endpoints adequate to support a specific effi- 30 calendar days of the Agency’s receipt of ference) CBER and CDER should notify the cacy claim). requester in writing (letter or fax) of the the sponsor’s response starting in FY 98 (co- 2. Within 45 days of Agency receipt of the date, time, and place for the meeting, as well hort of date of receipt) and 90% in subse- protocol and specific questions, the Agency as expected Center participants. quent fiscal years. will provide a written response to the spon- 2. Performance Goal: FDA will provide this V. MAJOR DISPUTE RESOLUTION sor that includes a succinct assessment of notification within 14 days for 70% of re- A. Procedure the protocol and answers to the questions quests (based on request receipt cohort year) For procedural or scientific matters in- posed by the sponsor. If the agency does not starting in FY 1999; 80% in FY 2000; and 90% volving the review of human drug applica- agree that the protocol design, execution in subsequent fiscal years. tions and supplements (as defined in PDUFA) plans, data analyses are adequate to achieve B. Scheduling meetings that cannot be resolved at the divisional the goals of the sponsor, the reasons for the disagreement will be explained in the re- 1. Procedure: The meeting date should re- level (including a request for reconsideration sponse. flect the next available date on which all ap- by the Division after reviewing any materials that are planned to be forwarded with 3. Protocols that qualify for this program plicable Center personnel are available to at- include: carcinogenicity protocols, stability tend, consistent with the component’s other an appeal to the next level), the response to appeals of decisions will occur within 30 cal- protocols, and Phase 3 protocols for clinical business; however, the meeting should be trials that will form the primary basis of an scheduled consistent with the type of meet- endar days of the Center’s receipt of the written appeal. efficacy claim. (For such Phase 3 protocols ing requested. If the requested date for any to qualify for this comprehensive protocol B. Performance goal of these types of meetings is greater than 30, assessment, the sponsor must have had an 60, or 75 calendar days (as appropriate) from 70% of such answers are provided within 30 end of Phase 2/pre-Phase 3 meeting with the the date the request is received by the Agen- calendar days of the Center’s receipt of the review division so that the division is aware cy, the meeting date should be within 14 cal- written appeal starting in FY 1999; 80% in FY of the developmental context in which the endar days of the date requested. 2000; and 90% in subsequent fiscal years. protocol is being reviewed and the questions Type A Meetings should occur within 30 C. Conditions being answered.) calendar days of the Agency receipt of the 1. Sponsors should first try to resolve the 4. N.B. For products that will be using Sub- meeting request. procedural or scientific issue at the Division part E or Subpart H development schemes, Type B Meetings should occur within 60 level. If it cannot be resolved at that level, it the Phase 3 protocols mentioned in this calendar days of the Agency receipt of the should be appealed to the Office Director paragraph should be construed to mean those meeting request. level (with a copy to the Division Director) protocols for trails that will form the pri- Type C Meetings should occur within 75 and then, if necessary, to the Deputy Center mary basis of an efficacy claim no matter calendar days of the Agency receipt of the Director or Center Director (with a copy to what phase of drug development in which meeting request. the Office Director). they happen to be conducted. 2. Performance goal: 70% of meetings are 2. Responses should be either verbal (fol- 5. If a protocol is reviewed under the proc- held within the time frame (based on cohort lowed by a written confirmation within 14 ess outline above and agreement with the year of request) starting in FY 1999; 80% in calendar days of the verbal notification) or Agency is reached on design, execution, and FY 2000; and 90% in subsequent fiscal years. written and should ordinarily be to either analyses and if the results of the trial con- C. Meeting minutes deny or grant the appeal. ducted under the protocol substantiate the 1. Procedure: The Agency will prepare min- 3. If the decision is to deny the appeal, the hypothesis of the protocol, the Agency utes which will be available to the sponsor 30 response should include reasons for the de- agrees that the data from the protocol can calendar days after the meeting. The min- nial and any actions the sponsor might take be used as part of the primary basis for ap- utes will clearly outline the important in order to persuade the Agency to reverse proval of the product. The fundamental agreements, disagreements, issues for fur- its decision. agreement here is that having agreed to the ther discussion, and action items from the 4. In some cases, further data or further design, execution, and analyses proposed in meeting in bulleted form and need not be in input from others might be needed to reach protocols reviewed under this process the great detail. a decision on the appeal. In these cases, the Agency will not later alter its perspective on 2. Performance goal: 70% of minutes are ‘‘response’’ should be the plan for obtaining the issues of design, execution, or analyses issued within 30 calendar days of date of that information (e.g., requesting further in- unless public health concerns unrecognized meeting (based on cohort year of meeting) formation from the sponsor, scheduling a at the time of protocol assessment under starting in FY 1999; 89% in FY 2000; and 90% meeting with the sponsor, scheduling the this process are evident. in subsequent fiscal years. issue for discussion at the next scheduled B. Performance goal available advisory committee). 60% of special protocols assessments and D. Conditions 5. In these cases, once the required infor- agreement requests completed and returned For a meeting to qualify for these perform- mation is received by the Agency (including to sponsor within time frames (based on co- ance goals: any advice from an advisory committee), the hort year of request) starting in FY 1999; 70% 1. A written request (letter or fax) should person to whom the appeal was made, again in FY 2000; 80% in FY 2001; and 90% in FY be submitted to the review division; and has 30 calendar days from the receipt of the 2002. 2. The letter should provide: a. A brief required information in which to either deny statement of the purpose of the meeting; b. or grant the appeal. VII. ELECTRONIC APPLICATIONS AND a listing of the specific objectives/outcomes 6. Again, if the decision is to deny the ap- SUBMISSIONS the requester expects from the meeting; c. a peal, the response should include the reasons The Agency shall develop and update its proposed agenda, including estimated times for the denial and any actions the sponsor information management infrastructure to needed for each agenda item; d. a listing of might take in order to persuade the Agency allow, by fiscal year 2002, the paperless re- planned external attendees; e. a listing of re- to reverse its decision. ceipt and processing of INDs and human drug quested participants/disciplines representa- 7. N.B. If the Agency decides to present the applications, as defined in PDUFA, and re- tive(s) from the Center; f. the approximate issue to any advisory committee and there lated submissions.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12656 CONGRESSIONAL RECORD — SENATE November 13, 1997 VIII. ADDITIONAL PROCEDURES plements for human drugs initially mar- Finally, I would be remiss if I did not A. Simplification of action letters keted on an over-the-counter (OTC) basis mention Bill’s contributions during the To simplify regulatory procedures, the through an NDA or switched from prescrip- creation and expansion of two of the CBER and CDER intend to amend their regu- tion to OTC status through an NDA or sup- most successful Indian gaming facili- plement.∑ lations and processes to provide for the ties in the hemisphere. Bill’s unique issuance of either an ‘‘approval’’ (AP) or a f skills and perseverence made this tran- ‘‘complete response’’ (CR) action letter at TRIBUTE TO WILLIAM D. MOORE the completion of a review cycle for a mar- sition for our region a positive and in- keting application. ∑ Mr. DODD. Mr. President, I want to clusive process. B. Timing of sponsor notification of deficiencies take a moment to recognize the work In closing, let me just add my per- in applications of one of my constituents—William D. sonal thanks and congratulations to To help expedite the development of drug Moore of Old Saybrook, Connecticut. Bill and his family. I wish Bill and and biologic products, CBER and CDER in- Bill left his post as Executive Director Maureen every success in their new en- tend to submit deficiencies to sponsors in of the Southeastern Connecticut Cham- deavors.∑ form of an ‘‘information request’’ (IR) letter ber of Commerce this month and his f when each discipline has finished its initial work in that post deserves special rec- review of its section of the pending applica- ognition. NATIONAL ACADEMY OF SCIENCES tion. Bill has been at the helm of so many STUDY ON IMMIGRATION IX. DEFINITIONS AND EXPLANATION OF TERMS economic and development initiatives ∑ Mr. ABRAHAM. Mr. President, I rise A. The term ‘‘review and act on’’ is under- in the Southern portion of our state today to discuss the National Academy stood to mean the issuance of a complete ac- that it is hard to list all of them in this of Sciences study on immigration that tion letter after the complete review of a filed complete application. The action letter, brief statement. But without a doubt, has received so much attention in the if it is not an approval, will set forth in de- it is Bill’s leadership through some of past year. This is a study the Senate tail the specific deficiencies and, where ap- the most difficult economic times in Immigration Subcommittee held a propriate, the actions necessary to place the our state that really stand out in my hearing on this September featuring application in condition for approval. mind. two of the principal authors of the re- B. A major amendment to an original ap- When the very first round of base clo- port. plication submitted within three months of sures were being proposed in the Pen- In releasing the study, the Academy the goal date extends the goal date by three tagon in 1989, it was Bill Moore who lit- stated quite clearly that ‘‘Immigration months. C. A resubmitted original application is a erally marshaled the forces in South- benefits the U.S. economy overall and complete response to an action letter ad- ern Connecticut. He recruited some of has little negative effect on the income dressing all identified deficiencies. the most dynamic and brilliant minds and job opportunities of most native- D. Class 1 resubmitted applications are ap- in our state to come together and re- born Americans.’’ Moreover, the recent plications resubmitted after a complete review every single document, every sin- hearing showed that the study’s find- sponse letter (or a not approvable or approv- gle calculation, and even the very com- ings were actually more positive than able letter) that include the following items only (or combinations of these items): puter model used to analyze the var- the initial press reports indicated. 1. Final printed labeling; ious Groton-New London regional fa- Ronald Lee, a professor of demog- 2. Draft labeling; cilities under the Defense Depart- raphy and economics at the University 3. Safety updates submitted in the same ment’s review. Bill created one of the of California at Berkeley who per- format, including tabulations, as the origi- most cohesive and effective team strat- formed the key fiscal analysis for the nal safety submission with new data and egies ever presented to address the eco- Academy study, testified at the hear- changes highlighted (except when large ing that ‘‘[The NAS] Panel asked how amounts of new information including im- nomic impact issues which clearly portant new adverse experiences not pre- were not being assessed by the Pen- the arrival of an additional immigrant viously reported with the product are pre- tagon. today would affect U.S. taxpayers. Ac- sented in the resubmission); Although not all of our efforts were cording to the report, over the long run 4. Stability updates to support provisional successful, it was Bill’s foresight and an additional immigrant and all de- or final dating periods; commanding presence that eventually scendants would actually save the tax- 5. Commitments to perform Phase 4 stud- led our team to victory in the fight to payers $80,000.’’ Lee notes that immi- ies, including proposals for such studies; 6. Assay validation data; remove the New London Submarine grant taxes ‘‘help pay for government 7. Final release testing on the last 1–2 lots Base from the Base Closure list in 1993. activities such as defense for which to support approval; As a measure of credit, the Base Clo- they impose no additional costs.’’ Im- 8. A minor reanalysis of data previously sure Commission belatedly admitted migrants also ‘‘contribute to servicing submitted to the application (determined by that the Navy’s assumptions used to the national debt’’ and are big net con- the agency as fitting the Class 1 category); evaluate New London were flawed. Bill tributors to Social Security. 9. Other minor clarifying information (determined by the Agency as fitting the Class Moore was the man who first presented Critics of immigration cite only the 1 category); and that information to the commission. study’s figures on the annual costs im- 10. Other specific items may be added later However, Bill’s efforts have gone far migrant households are said to impose as the Agency gains experience with the beyond that monumental task. He has on natives. However, Lee testified that scheme and will be communicated via guid- been the usher at the door of an entire ‘‘These numbers do not best represent ance documents to industry. new economic era for Southeastern the Panel’s findings, and should not be E. Class 2 resubmissions are resubmissions Connecticut. Just as the defense down- used for assessing the consequences of that include any other items, including any item that would require presentation to an sizing efforts were taking their rav- immigration policies.’’ This is a pretty advisory committee. enous toll on our state and New Lon- clear statement that citing the house- F. A Type A Meeting is a meeting which is don County in particular, Bill encour- hold cost figures to urge cuts in legal necessary for an otherwise stalled drug de- aged and fostered new development for immigration is an improper use of the velopment program to proceed (a ‘‘critical our state and helped bring about a study’s data. path’’ meeting). more level-headed transition for our The problem, Lee found, was that G. A Type B Meeting is a (1) pre-IND, (2) heavily defense weighted economy. For calculating annual numbers requires end of Phase 1 (for Subpart E or Subpart H or similar products) or end of Phase 2/pre- example, he assisted in the appropria- using an older model that counts the Phase 3, or (3) a pre-NDA/PLA/BLA meeting. tion of funds to rebuild the Con- native-born children of immigrants as Each requestor should usually only request 1 necticut State Pier and helped with the ‘‘costs’’ created by immigrant house- each of these Type B meetings for each po- private-public partnerships that have holds when those children are in tential application (NDA/PLA/BLA) (or com- rebuilt downtown New London. That school, but fails to include the taxes bination of closely related products, i.e., was no small task. paid by those children of immigrants same active ingredient but different dosage During Bill’s tenure, the membership once they complete their schooling, forms being developed concurrently). H. A Type C Meeting is any other type of of the Southeastern Chamber has more enter the work force, and become big meeting. than doubled. Clearly, the contribu- tax contributors. The key fiscal anal- I. The performance goals and procedures tions of those members have made New ysis in the report, performed in Chap- also apply to original applications and sup- London County what it is today. ter

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12657 7, corrects the flaws in the annual fig- study and a RAND economist, testified that cations of world oil supplies. This was ures by using a dynamic model that ‘‘due to the immigrants who arrived since basically a command-and-control ap- factors in the descendants of immi- 1980, total gross national product is about proach to the problem. This mandatory $200 billion higher each year.’’ In other allocation mechanism was enshrined in grants. words, recent immigrants will add approxi- In response to a question from the mately $2 trillion to the nation’s GNP over our basic law on oil emergencies, the subcommittee, Ronald Lee noted that, the course of the 1990s. Energy Policy and Conservation Act of with the necessary assumptions, a dy- Opponents of immigration also would like 1975 [EPCA], which also authorized the namic analysis would likely show at Americans to believe that nearly everyone’s Strategic Petroleum Reserve, and least 49 of the 50 States come out ahead wages are significantly lower because of which this bill would extend. But the fiscally from legal immigration, with competition from immigrants. That is far world has changed since the 1970’s. Oil California a close call. from the truth. The NAS study estimates markets have changed dramatically that only two groups have seen their wages Jim Smith, chairman of the NAS affected by immigration: those who immi- since then. And the mandatory alloca- study, testified that ‘‘Due to the immigrated a few years earlier, and native-born tion scheme contained in the original grants who arrived since 1980, total Americans who did not finish high school. EPCA is a dinosaur. Gross National Product is about $200 Wages for these groups are about 5% lower The United States has taken the lead billion higher each year.’’ In other than they would have been without immigra- in designing a flexible international re- words, recent immigrants will add ap- tion—a figure that drops to 3% if only legal sponse mechanism to oil supply disrup- proximately $2 trillion to the nation’s immigrants are counted, according to Mr. tions that respects market forces. Our GNP over the course of the 1990s. Smith. Cutting legal immigration would domestic oil industry played a key role have a ‘‘quite limited’’ effect even on this I ask to have printed in the RECORD a in the planning process and has en- group’s wages, he said. ‘‘Fortunately,’’ he recent Wall Street Journal article that noted, ‘‘90% of Americans are not high dorsed it. We convinced all of the other goes into greater detail on the Acad- school dropouts, an the percent of high countries in the IEA to adopt it. But emy study. school dropouts has been declining rapidly.’’ without statutory changes to EPCA, The article follows: Indeed, Mr. Smith added that competition the United States is placed in the ab- [The Wall Street Journal, Tuesday, Nov. 11, from immigrants sends wage signals that en- surd position of not being able to par- 1997] courage native-born Americans to stay in ticipate in the international oil emer- IMMIGRANTS BRING PROSPERITY school. gency response system that it de- ‘‘The competition from immigration for (By Spencer Abraham) even some native-born workers can be easily signed. And all indications from the Critics of America’s immigration policy exaggerated,’’ testified Mr. Smith. ‘‘To the Persian Gulf are that we could have an- are attempting to reignite the heated debate extent immigrants do work different than other emergency sometime soon. that almost produced laws severely restrict- that of native-born workers, immigration Why are we in such a predicament? It ing legal immigration. Ironically, they are benefits all native-Americans who gain in is not the fault of the administration. using as their vehicle a National Academy of their other role as consumers of these now They have been pressing for the adop- Sciences study, released earlier this year, less-expensive goods and services.’’ tion of the needed legal changes for 3 that was highly favorable toward immigra- In short, the NAS study confirms what years now. It is not the fault of this tion. Anti-immigrant writers and advocacy most Americans have known all along: Our groups have engaged in a concerted effort to tradition of welcoming immigrants pays Body. We have passed the requisite put a negative spin on the report. ‘‘The study off—for the immigrants and for the rest of legal changes in both the last Congress highlights significant problems with regard us.∑ and in this Congress, and have for- to immigration,’’ crows the Center for Immi- f warded them to the other Body. There gration Studies. is no good answer to the question of That just won’t wash. A recent hearing be- EXTENDING CERTAIN PROGRAMS why the other Body continues to refuse fore the Senate Subcommittee on Immigra- UNDER THE ENERGY POLICY to act on such clearly needed changes. tion found that the study’s findings were AND CONSERVATION ACT These necessary changes have appar- even more positive than initial press reports ∑ indicated. Mr. BINGAMAN. Mr. President, the ently been made a hostage to other, The most important finding of the NAS re- situation in which we find ourselves on non-related issues. So we must pass the port is that an additional immigrant to the this bill is a disgrace. The daily news- bill before us today, which is inad- U.S. and all his descendants would actually papers have been filled recently with equate to our national security needs, save taxpayers $80,000 over the long run. stories of our developing political con- or the President will also be without Ronald Lee of the University of California, frontation with Saddam Hussein. Just clear legal authorities to operate the who was the report’s key fiscal analyst, today, Saddam Hussein has ordered all notes that immigrant taxes ‘‘help pay for Strategic Petroleum Reserve in case of government activities such as defense for American arms inspectors to leave Iraq an oil supply emergency. which they impose no additional costs.’’ Im- immediately, escalating Iraq’s crisis I will vote for this bill, Mr. Presi- migrants also ‘‘contribute to servicing the with the United Nations and height- dent, with extreme reluctance. But I national debt’’ and are big net contributors ening the possibility of a military con- hope that no one is under the illusion to Social Security. frontation. We may well see military that it advances our energy security. Critics of immigration cite only the action in the Persian Gulf before Con- Quite the opposite. The bill sent to us study’s figures on the annual costs immi- gress convenes next year. We all know by the other Body will likely reduce grant households are said to impose on na- what that could do to oil markets. our energy security, by inflicting long- tives. However, Mr. Lee testified that ‘‘these numbers do not best represent the panel’s Prices might well spike up, right in the term damage on the International En- findings, and should not be used for assessing middle of the winter heating season. ergy Agency. This is because failure of the consequences of immigration policies.’’ The most effective antidote to such the bill to allow IEA to work with U.S. The problem, Mr. Lee found, was that calcu- damaging price fluctuations is close oil companies threatens the future of lating annual numbers requires using an communication among the major oil the Agency. When there are severe sup- older model that counts the native-born chil- consumption nations, and joint action ply shortages or market instability, dren of immigrants as ‘‘costs’’ created by im- to calm oil markets through the Inter- the IEA requires real-time information migrant households when those children are national Energy Agency [IEA]. Yet the about the movement and location of oil in school, but fails to include the taxes those children pay once they enter the work force. bill before us, once again, fails to make stocks that only these oil companies The $80,000 figure was arrived at using a dy- the legal changes that are needed for can provide. In such a case, this infor- namic model that factors in the descendants the United States to continue to par- mation is shared at the express request of immigrants. As for the fiscal impact on ticipate meaningfully in the IEA. of the U.S. Government. But the shar- states of legal immigration. Mr. Lee said, The United States took the lead in ing of this information is normally for- with the necessary assumptions, a dynamic forming the IEA after the Arab oil em- bidden under our antitrust laws, so an analysis would likely show 49 of them com- bargo of 1973, so that we would never antitrust exemption of cover informa- ing out ahead, with California a close call. again have to experience the market The benefits of legal immigration don’t tion-sharing undertaken at the U.S. end there. Mr. Lee said that the net present chaos that reigned at that time. At Government’s request is both needed value to the nation of the immigrants who that time, it seemed that the best way and justified. will enter the U.S. during the 1990s is over to avoid a repeat of gas lines around What is U.S. industry to make of our $500 billion. Jim Smith, chairman of the NAS the world was through mandatory allo- refusal, for a third time now, to make

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12658 CONGRESSIONAL RECORD — SENATE November 13, 1997 the appropriate changes to EPCA? I be- changes needed to maintain our energy Federal Contribution—The bill provides lieve that industry will see the passage security, for the past 3 years now, has $190,000,000 for a Federal contribution to the of this legislation as a signal that the been to wait until the end of session, to District of Columbia towards the cost of op- changes to U.S. law needed for their pass a short bill extending the expira- erating the District government. The appropriation represents the amount authorized continued participation in the IEA will tion dates in current law, and to leave by section 11402 of the National Capital Revi- not be forthcoming in this Congress, if town. I believe that our country has talization and Self-Government Improve- ever. None of us should be surprised, been poorly served by this inattention ment Act of 1997. The District is directed to then, when these companies end their to our national security interests.∑ use $30,000,000 of the Federal contribution to cooperation with the IEA and start to f repay the accumulated general fund deficit. reassign the personnel who previously Federal Payment to the District of Columbia worked on the issues of emergency pre- EXPLANATORY STATEMENT OF Criminal Justice System—The bill provides THE SENATE COMMITTEE ON AP- $108,000,000 for operation of the District of paredness and coordination. Columbia Courts and the pension costs of The refusal of the other Body to act PROPRIATIONS ∑ certain court employees. The bill further on the needed antitrust exemption Mr. FAIRCLOTH. Mr. President, on provides that the Office of Management and places the two most important parts of Sunday, November 10, 1997, the Senate Budget shall apportion quarterly payments the program of the IEA for 1998 in seri- passed H.R. 2607, making Appropria- from this appropriation to the District gov- ous jeopardy. I would like to describe tions for the District of Columbia for ernment for the courts’ operations. In addi- these planned activities in a little de- fiscal year 1998. On November 10, 1997, tion, payroll and financial services are to be tail, which will illustrate how our en- under a unanimous-consent agreement, provided on a contractual basis with the General Services Administration, which is ergy security will be diminished by Senators STEVENS and BYRD were di- directed to provide monthly financial re- this bill, even if a crisis in the Persian rected to file an explanatory statement ports to the President and the designated Gulf does not occur while we are out of on the District of Columbia Appropria- Congressional committees. The bill provides session. First, IEA was planning to tions Act, 1998. that, of this appropriation, up to $750,000 is convene a global conference next year Earlier today, the Senate passed the available for the establishment and oper- to discuss the coordinated management appropriations bill for the District of ations of the Truth in Sentencing Commis- of emergency oil stocks. For the first Columbia. Senators STEVENS, BYRD, sion authorized by the National Capital Re- time, China, India, and other Asian BOXER and I submit the attached bipar- vitalization and Self-Government Improve- countries, which will be crucial players tisan statement to accompany H.R. ment Act of 1997. 2607, making appropriations for the The bill further directs $43,000,000 for pay- in any international oil emergency, ment to the Offender Supervision Trustee for would have been represented. This con- District of Columbia for fiscal year obligation by the Trustee as follows: ference will be an important oppor- 1998. $26,855,000 for Parole, Adult Probation and tunity to convince them to develop The statement follows: Offender Supervision; $9,000,000 to the Public their own emergency stockpiles, and EXPLANATORY STATEMENT OF THE SENATE Defender Service; $6,345,000 to the Pretrial COMMITTEE ON APPROPRIATIONS will provide a venue for them to learn Services Agency; and $800,000 to be trans- the practicalities involved in doing so. The Senate Committee on Appropriations ferred to the United States Parole Commis- submits the following statement in expla- sion. The U.S. Government has contributed nation of the effect of the act of the House District of Columbia Public Schools—The $50,000 towards holding this conference. and Senate on the accompanying bill (H.R. Committee notes with concern the delay in Without the necessary antitrust ex- 2607), which passed the House and the Sen- opening the District of Columbia public emption, though, the conference will ate. schools [DCPS] for the 1997–98 academic likely be canceled, since the key play- The House- and Senate-passed bill on the year. In order to ensure that the District’s ers with expertise in creating and man- District of Columbia Appropriations Act, public schools do not experience a similar 1998, incorporates most of the provisions of delay for the 1998–99 academic year, the Com- aging emergency stocks, the oil compa- the Senate version of the bill and a number nies that operate in the United States, mittee directs the Chief Executive Officer of of provisions of the House version of the bill. the DCPS to report to the Committees on are precluded from participating under The language and allocations set forth in Appropriations of the Senate and the House, current law. I don’t see how that serves Senate Report 105–75 should be complied the Governmental Affairs Committee of the our national interests. Second, the IEA with unless specifically addressed to the con- Senate, and the Committee on Government was also planning to hold, in 1998, the trary in the accompanying bill and state- Reform and Oversight of the House by April first drill in 5 years to exercise its ment. 1, 1998, on all measures necessary and all Senate Amendment: The Senate deleted emergency mechanisms. This is impor- steps to be taken to ensure that the Dis- the entire House bill after the enacting trict’s public schools open pursuant to the tant to the smooth functioning of clause and inserted the Senate bill. The IEA’s mechanisms in an actual emer- DCPS schedule. The Committee directs that House amended the Senate bill, which was the report to Congress include a description passed by the House and Senate. gency. In the last 5 years, most of the of all building repairs needed to provide safe, personnel with knowledge of what ac- TITLE I habitable schools, and a timetable to com- tually transpired during the Persian Management Reform—The bill provides plete repairs prior to the beginning of the Gulf war on world oil markets have left $8,000,000 in federal funds for a program of 1998–99 academic year. the scene. It is past time that we have management reform for the District of Co- District of Columbia Charter Schools—The held an exercise to test our present ca- lumbia government. The Revitalization Act Committee is concerned about the slow and the Management Reform Act, which pabilities to handle an emergency. progress of public charter schools in the Dis- were enacted with the Balanced Budget Act trict of Columbia. Since enactment of the Next year’s exercise would also have of 1997, have created an opportunity for the District of Columbia School Reform Act of been the first full test of the revised District of Columbia to correct years of mis- 1995, which established public charter school procedures put in place since the Per- management throughout the District gov- authority in the District, only three public sian Gulf war. Without the antitrust ernment as documented by the District of charter schools have been established to exemption, this exercise either cannot Columbia Financial Responsibility and Man- date. Public charter schools are one of two be held, or it must be limited to exer- agement Assistance Authority (Authority) opportunities to inject competition among cising only the obsolete IEA procedures and numerous Congressional hearings. The the educational choices available to parents District of Columbia Appropriations Act, for mandatory supply allocation. In- in the District and to make significant im- 1998, provides $8,000,000 to fund the hiring of provements in the quality of education pro- dustry interest in doing the latter is management consultants to conduct com- vided to children in the District of Columbia. minimal, so the exercise will in all prehensive reviews of nine major agencies The Committee is hopeful that the current likelihood be canceled. Such an avoid- and four major citywide functions of the Dis- charter school application process will able development is also not in our na- trict government. In addition, the appropria- produce more public charter schools in the tional interest. tion funds the position of a chief manage- District. It is also the hope of the Committee If there were legitimate issues being ment officer [CMO], who will oversee the re- that the District of Columbia public charter raised by the other Body with respect sponsibilities assigned the Authority under schools and the public charter school com- to the broader legislation that is need- the Management Reform Act. The Congress munity will work together on solutions for will closely monitor each step of implemen- the capital needs of public charter schools. ed, that would be one thing. Such tation of the Management Reform Act to en- The bill provides $3,376,000 from local issues could be worked out in con- sure that the District continues the task of funds, not including funds already made ference. But the only action from the returning the District to a position of long- available for District of Columbia public other Body to our requests for the legal term financial responsibility. schools, for public charter schools. Of this

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12659 amount, $400,000 shall be available for the with the Council, the Mayor, the Authority, a significant number of District of Columbia District of Columbia Public Charter School and relevant Federal law enforcement agen- day-care and home-care operations have Board. The bill also establishes a revolving cies, to develop and implement a plan to end been allowed to operate without proper li- loan fund for current or new public charter such activities and ensure that public spaces censes. The Committee is also concerned schools. If any funds are not allocated by are safe and attractive for families and oth- that the District government is failing in its May 1, 1998, these funds shall be deposited in ers seeking legitimate recreation. The Com- mission to monitor effectively overall safety the revolving loan fund. In addition, the bill mittee further directs the MPD to adopt a and quality standards at these facilities. requires the District of Columbia public zero tolerance enforcement strategy for pub- These problems have reached crisis propor- schools to report to Congress within 120 days lic space misconduct during fiscal year 1998. tions, undermining welfare reform imple- of enactment, on the capital needs of each Performance and Financial Accountability mentation and resulting in an unacceptable public charter schools. Requirements—The bill includes the Senate risk of harm to the children of the District. The bill further provides that each public provision amending the Federal Payment For these reasons, section 146 of the bill al- charter school authority may grant up to 10 Reauthorization Act of 1994 relating to per- lows the District to expend such funds as charters per school year and may approve formance and financial accountability re- may be necessary to hire additional mon- these charters before January 1 of the cal- quirements for the District government. Sec- itors and inspectors at the appropriate City endar year. The bill increases the number of tion 130 shifts responsibility for preparing agencies to promote quality child care in the members on a charter school’s board of the performance accountability plans from District. The Committee also expects this trustees from 7 to 15. The bill also allows an the Mayor to the Authority. Responsibility issue to be addressed in the development and increase in annual payments to charter for the financial accountability plan and re- implementation of the management reforms schools that provide room and board in a res- port is shifted from the Mayor to the Chief authorized by the District of Columbia Man- idential setting. Finally, the Committee Financial Officer. In addition, the bill agement Reform Act of 1997. agrees to require increasing the annual pay- amends the dates for submission of the plans Section 159. The bill includes a technical ment to charter schools to take into account and report to Congress. amendment to a provision concerning the leases or purchases of, or improvements to, Section 138. This section contains a new pay of officers and members of the United the building facility of the charter school. provision that requires the Authority to sub- States Secret Service Uniformed Division, The charter school must make its request for mit to the Congressional committees of ju- recently enacted in section 118 of Public Law an increase in its annual payment by April 1 risdiction quarterly reports that include an 105–61, the Treasury and General Govern- of the fiscal year. itemized accounting of all non-appropriated ment Appropriations Act, 1998. Due to a Deficit Reduction and Revitalization—The funds obligated or expended by the Author- drafting error, the world ‘‘locality’’ was sub- bill approves the plan of the Mayor, District ity for the quarter. stituted for ‘‘longevity’’. The amendment is Council and Authority to allocate $201,090,000 United States Park Police—The Committee retroactive to the date of enactment of Pub- to the reduction of the District’s accumu- agrees to the House recommendation for a lic Law 105–61. lated general fund deficit, capital expendi- $12,000,000 appropriation for the United Section 160. The bill provides $3,000,000 for a tures, and management and productivity im- States Park Police. The Committee intends Medicare Coordinated Care Demonstration provements. The bill directs that not less that the appropriation in section 141 is new Project in the District of Columbia. This than $160,000,000 be used for reduction of the Federal funding authority and is not to be an pilot program was authorized in the Bal- accumulated general fund deficit. The Com- offset against any existing appropriations. anced Budget Act of 1997, Public Law 105–33, mittee agrees to the deficit reduction and re- The Committee intends this appropriation as section (e)(1)(A)(ii), for the purpose of reduc- vitalization plan proposed by the District a separate appropriation to be available only ing Medicare costs. The pilot program will government and Authority in lieu of the for the United States Park Police operations establish specific Clinical Pathways for more House proposal for a District of Columbia in the District of Columbia. cost-effective treatment of patients in the Taxpayer’s Relief Fund and Deficit Reduc- District of Columbia Homeless Services—Sec- high-volume, high-cost Disease Related tion Fund. tion 142 provides that the District govern- Group [DRG]. It is expected that this pilot Medical Malpractice Reform—The Com- ment maintain for fiscal year 1998 the same project will help develop improved diag- mittee notes with concern that the District funding levels for the District’s homeless nostic and therapeutic procedures for treat- of Columbia is one of the few jurisdictions in services as were provided in fiscal year 1997. the country that has failed to enact medical Sections 144 and 145.—The bill includes two ing the District’s Medicare patients at re- malpractice reform. The continued increase provisions related to alcohol abuse, with a duced costs and provide the basis for more in medical litigation in the district drives up special emphasis on youth alcohol use, in the cost-effective national standards. the cost and reduces the availability of District of Columbia. The Committee recog- Section 161. This section provides that the health care for all District residents and oth- nizes that this is a serious problem in the Authority shall have the responsibility for ers who receive health care resources. The District of Columbia, as it is throughout the approving both reorganization plans and any Committee directs the authority, in con- nation. The first provision would increase authorization for programs or functions for sultation with the District government, to the number of Alcoholic Beverage Commis- which a reorganization plan is required. evaluate the issue of medical malpractice re- sion inspectors in the District to sixteen and Section 162. The bill includes a technical form and report to Congress by March 1, 1998, increase the emphasis placed on enforcement amendment to correct drafting errors and to recommendations on medical malpractice re- of laws prohibiting the sale of alcoholic bev- clarify statutory language to reflect the inform for the District. erages to minors. Currently, the D.C. Alco- tent of the conferees of the Balanced Budget University of the District of Columbia School holic Beverage Commission has just three in- Act of 1997 with respect to the State Chil- of Law—The Committee is concerned that spectors in the field in addition to their dren’s Health Insurance Program. students enrolled at the University of the chief, who also performs inspections of alco- Section 163. This section provides the Gen- District of Columbia School of Law (School) hol outlets. These four inspectors are respon- eral Service Administration with the author- are not receiving the quality education that sible for monitoring over 1,600 alcoholic bev- ity to amend the use restrictions which ac- is required to prepare them for a successful erage outlets. In contrast, Baltimore em- companied the conveyance of a land parcel career in the legal profession. The Com- ploys 18 regular inspectors in addition to a in 1956. The amended use restrict will allow mittee directs the Authority to report to the number of part-time inspectors. It is illegal the construction of a previously approved Committees on Appropriations of the Senate for persons under the age of twenty-one to veterans nursing home on the grounds adja- and House of Representatives, the Senate purchase, possess, or consume alcoholic bev- cent to an existing veterans family. Committee on Governmental Affairs, and the erages in the District. In addition, the sale of Section 165. This section directs the Au- House Committee on Government Reform alcoholic beverages to minors is prohibited. thority to appropriate $2,600,000 from local and Oversight by March 1, 1998, on the ac- The Committee is concerned that these laws funds for a pay raise for uniformed fire fight- creditation status of the School. The Au- are not being adequately enforced. ers of the District’s Fire and Emergency thority shall include in its report rec- The second provision calls for the General Medical Services Department. The purpose ommendations on whether or not the School Accounting Office to conduct a study of the of the pay raise is to make the District’s should continue to: (1) operate and (2) re- District’s alcoholic beverage excise taxes. compensation for fire fighters comparable to ceive funds from the District of Columbia The study should examine whether increas- fire fighters in surrounding jurisdictions. government. ing alcoholic beverage excise taxes would be The Committee intends that the Authority Public Space Misconduct—The Committee is useful in reducing alcohol-related crime, vio- use its discretion determine the source of the concerned about the ongoing problem of loi- lence, deaths, and youth alcohol use. The funds for the pay raise. tering, panhandling, alcohol consumption, study will also explore whether alcohol is Section 166. This section provides a tech- verbal harassment, littering, and other im- being sold in close proximity to schools and nical change to allow the Office of Personnel proper and illegal activities in parks and other areas where children are likely to be Management to waive the retirement annu- other public spaces in the District. These ac- and whether the creation of alcohol free ity offset requirement for the Trustee for Of- tivities discourage visitors to the District, zones in areas frequented by children would fender Supervision consistent with a similar hamper economic and neighborhood develop- be useful in deterring underage alcohol con- provision included in the National Capital ment, and facilitate serious criminal activ- sumption. Revitalization and Self-Government Im- ity. The Committee directs the Metropolitan District of Columbia Day-care and Home-care provement Act of 1997 for the Trustee for Police Department [MPD], in consultation Operation.—The Committee is concerned that Corrections.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12660 CONGRESSIONAL RECORD — SENATE November 13, 1997 TITLE II paign will contribute to the commu- in maintaining cease-fires or providing Section 201 sets out the short title of the nity’s understanding of how these im- humanitarian relief, it is clear that the Act. portant issues affect all our neighbor- United States can achieve its national Section 202 establishes a mechanism for hoods. I especially appreciate the sig- interest goals at a lower cost to U.S. certain Nicaraguans and Cubans who have nificant commitment by those who taxpayers than would be possible if the been present in the United States since 1995 have agreed to continue in their role as United States tried to do it alone. to adjust to the status of lawful permanent resident. advocates for change. Mr. President, during the listening Section 203 modifies certain transition I am extremely proud of what Bil- sessions that I conduct in the 72 coun- rules established by IIRIRA with regard to lings has accomplished and how its ties in the state of Wisconsin, I hear suspension of deportation and cancellation of residents strive to respond to impor- sympathetic words from my constitu- removal. The changes state that the ‘‘stop tant issues. I hope my colleagues will ents about the need for the involve- time’’ rule established by that Act in section agree that this successful effort in Bil- ment of the international community 240A of the INA shall apply generally to indi- lings is a model that can be duplicated in times of crisis. But they also express viduals in deportation proceedings before in their community.∑ hesitation about sending their sons and April 1, 1997, with certain exceptions. They also state that the rule shall not apply to f daughters to fight in far-away con- certain applicants for suspension of deporta- flicts. FUNDING FOR THE UNITED The United Nations provides a mech- tion. The exception includes certain Salva- NATIONS dorans and Guatemalans who were members anism through which the United States of the ABC class or applied for asylum by ∑ Mr. FEINGOLD. Mr. President, I can contribute to international secu- April 1, 1990 and derivatives as specified in want to express my disappointment rity without having to send our own the statute, as well as applicants from the that—due to compromises made during troops every time there is a problem. former Soviet Union and Eastern Europe negotiations over three separate con- The U.N. reform and funding package who came here by December 31, 1990 and ap- ference reports, the Foreign Operations that was agreed to in the Foreign Rela- plied for asylum by December 31, 1991 and de- Appropriations bill for FY 1998, the rivatives as specified in the statute. Section tions Committee was a carefully craft- 203 also makes clear that in order to obtain Commerce, Justice, State Appropria- ed compromise between those that cancellation these individuals have to meet tions bill for FY 1998, and the State De- would limit or eliminate U.S. partici- the standards laid out in that section, rather partment Authorization Act for FY pation in the United Nations and those than the ones laid out in section 240A of the 1998–99—conferees were forced to trade that would like to see a fully funded INA. Finally, the section provides for tem- away authorization and appropriations and active United Nations. porary reductions in visas available under that would have cleared existing U.S. But, Mr. President, due to the intran- the ‘‘diversity’’ and ‘‘other workers’’ immi- debt to the United Nations. As the Sen- sigence of some of our colleagues in the gration categories, with the reduction in the ate adjourns for the holiday recess, latter to take effect after those in the back- other body, it appears that the moral log have received visas. only a fraction of the $900 million in and legal obligations of the United Section 204 makes technical and clarifying arrears payments that was originally States to pay its debts to the United changes to certain provisions in section proposed by the Senate Committee on Nations have been sacrificed to serve 240A(e) of the INA.∑ Foreign Relations on which I serve was an unrelated domestic interest. f included in the CJS appropriations bill. The compromise package worked out Mr. President, what this means is HISTORIC TOWN HALL MEETING IN in our Committee would have gradu- that we will still be in substantial debt BILLINGS, MONTANA ally decreased the amount of our as- to the United Nations. sessed contribution to the United Na- ∑ Mr. BAUCUS. Mr. President, I rise Mr. President, the United Nations is tions from the current level of 25 per- today to recognize the accomplish- not a perfect organization. I certainly cent, to 20 percent by fiscal year 2001. ments of one city in Montana in ad- have some real concerns about the size Assuming the budget for the United dressing the issues of gangs, violence and extent of the UN bureaucracy, for Nations remained constant, the time and kids. example. Just as with any organization line set forth in this package could On September 29, 1997, a historic this big, we must be on guard against have saved the US taxpayer at least town hall meeting took place in Bil- possible mismanagement or abuse, and $375 million over the next four years lings, Montana. This cooperative and certainly the U.N. system has had its from a combination of savings from the coordinated effort involved the media, share of both. assessments and from budget dis- school officials, and community lead- But at the same time, I think that cipline. It would have allowed us to ers. It also involved a critical compo- U.S. participation in the United Na- continue our participation in the nent: experts in addressing gang activ- tions—with all the benefits and costs United Nations, which I think is impor- ity from Los Angeles. Together this ef- that membership implies—is an indis- tant, while at the same time achieving fort created an hour-long video con- pensable tool in this country’s foreign some real cost savings for the tax- ference called ‘‘Gangs, Violence and policy bag. When it operates effec- payer. Kids’’ and aired it on every major tively, the United Nations provides a Now, with authorization of repay- media outlet in the Billings area. framework to serve U.S. interests at ment of these arrears in jeopardy, it re- This presentation incorporated a the same time that it achieves econo- mains unclear how the United States panel and studio audience format mies of scale. will manage to clean the slate with the which brought in a cross-section of the Just this week, Mr. President, the United Nations. population, including teenagers, rep- United States is working within the Mr. President, I hope we will be able resented in the region. Concerns were U.N. structure to assert a united front to resolve this issue when the Senate raised, perceptions were addressed, and against the flagrant abuses of inter- returns for the 2d session of the 105th issues were confronted in an honest national law exercised by Iraq in re- Congress.∑ and straightforward manner. cent weeks. Mr. President, if nothing f By no means an end to itself, this else, the crisis in Iraq aptly dem- town hall meeting has launched a se- onstrates the value of the United Na- NATIONAL D-DAY MEMORIAL ries of follow-up gatherings, a foundations to our country. ∑ Mr. WARNER. Mr. President, on tion, a mentoring connection and a I would make a similar point about Tuesday, I was privileged to attend the pipeline of support for ongoing pro- the role the United Nations plays in dedication of the National D-Day me- grams like the U.S. Department of Jus- peacekeeping operations. U.N. forces morial. Located in Bedford, VA, among tice’s Weed and Seed program for Bil- have participated in more than 40 the grandeur of the Blue Ridge Moun- lings and surrounding communities has peacekeeping operations around the tains, this memorial truly dignifies been established. world since 1948. Members of this body those who participated in the historic Beginning last week, a series of 30- may have disagreements over whether military operation of June 6, 1944. second public service announcements or not each and every one of those was As many of my colleagues may re- were aired to address the issues raised necessary, but when you look at places call, there had not been a national me- in the town hall meeting. This cam- where the U.N. has been instrumental morial honoring those who served in

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12661 the D-Day operation. Last year, I of- exhibits, that foster an awareness of D-Day’s tained without sacrifice by individuals, often fered legislation to establish the Na- historical significance; and to seek and pro- in unequal measure.’’ tional D-Day Memorial and, again, I vide educational opportunities that will pre- A tragic part of that ‘‘unequal measure’’ thank my colleagues for supporting serve, for present and future generations, the was paid by the people of Bedford, Virginia. meaning and lessons of D-Day. On the morning of June 6, 1944, D-Day, about that legislation. Our immediate focus, to which today’s sixty percent of A Company, 116th Regiment, Gov. George Allen of Virginia, Col. ceremony bears witness, is on construction 29th Infantry Division, had come from Bed- Robert Doughty, and Col. William of a monument. And so it should be. But, as ford. As part of the first wave in the landings McIntosh each spoke eloquently on the the mission statement explicitly indicates, on Omaha Beach, A Company confronted D-Day operation and the importance of the long-term focus of this enterprise is edu- some of the strongest enemy resistance Al- the National D-Day Memorial. I am cation. It is through education—ultimately, lied forces encountered that fateful day. In submitting the text of their remarks only through education—that a memorial the short space of only a few minutes, A sustains its meaning, to say nothing what- and the schedule of the ceremony for Company lost 96% of its effective strength. ever of its immediacy. War always has been and always will be a the RECORD. The older generations know why they are terrible thing, and it indeed was a terrible I invite my colleagues to review here; those less old feel they should be here thing that morning for the men of A Com- these remarks. but are perhaps less sure why; most of the pany, 116th Regiment. The remarks follow: youngsters are here because someone To me, the final meaning—and perhaps the brought or compelled them. A few of those GROUNDBREAKING FOR THE NATIONAL D-DAY most important meaning—of D-Day comes children will participate with the assembled MEMORIAL, TEN O’CLOCK, TUESDAY, NOVEM- from the memory of those men who died on dignitaries in the actual groundbreaking. BER ELEVENTH, NINETEEN HUNDRED AND the Normandy beaches or who sacrificed That intergenerational participation, sym- NINETY-SEVEN their health and their futures in those des- bolic on one level, will have been real enough perate moments. Gathered from across March Slav, Tchaikovsky—Jefferson For- by ceremony’s end. And no one will leave America, these young men knew the price of est High School Band; Forest, Virginia; this place without knowing why this event liberty was high and willingly risked their David A. Heim, Director. has taken place or, finally, why he or she lives to defend freedom. Their sacrifice en- Invocation—Rabbi Tom Gutherz, Agudath came. sured that the term D-Day will always be as- Sholom Synagogue, Lynchburg, Virginia. In warranting the National D-Day Memo- sociated with only one day, the day the Al- Presentation of the Colors—US Marine rial to rise up outside Washington—to take lies landed at Normandy, and will always Corps Color Guard, Company B, 4th CEB; Ro- root on the same heartland soil that once represent a noble cause, a courageous effort, anoke, Virginia. held seed that flowered on D-Day and came and a gallant commitment to the highest The Star Spangled Banner—Harmony Cho- to harvest in a liberated Europe—the Con- ideals of this nation. ral Group, Liberty High School; Bedford, gress of the United States acted with note- Today, this memorial to D-Day commemo- Virginia; Terry P. Arnold, Director; Jeffer- worthy courage and vision. It will, through rates the achievements of June 6, 1944, but it son Forest High School Band. its ongoing educational and interpretative also reminds us of the challenges of defend- Posting of the Colors—Color Guard. programs, memorialize, for present and fu- ing liberty and the costs of remaining free. Preamble—COL William A. McIntosh, USA ture generations, the valor, fidelity, and sac- Let us remember the importance of the land- (Ret.), Director of Education, National D- rifices of the Allied Forces on D-Day. Such is ings on the coast of France but let us never Day Memorial Foundation. its national duty—and its particular privi- forget the young men who made that oper- Welcome—John R. Slaughter, Chairman, lege. ation a success, who charged forward despite National D-Day memorial Foundation. THE MEANING OF D-DAY fearful losses. As the inscription in the Nor- Greetings from Abroad—Josh Honan, mandy memorial suggests, let us always re- President, D-Day Association, Ireland. (By Col. Robert A. Doughty, USA) member the glory of their spirit. D-Day Then, Now, and Tomorrow—COL During the twentieth century, American Robert A. Doughty, Head, Department of armed forces have often used the generic REMARKS BY GOVERNOR GEORGE ALLEN AT History, US Military Academy. term ‘‘D-Day’’ to indicate the date a mili- THE NATIONAL D-DAY MEMORIAL Congressional Salutations—Honorable Vir- tary operation would begin. By using the GROUNDBREAKING IN FUTURE MEMORIAL gil H. Goode, Jr., House of Representatives, term D-Day commanders and planners could SITE, BEDFORD, VIRGINIA, NOVEMBER 11, Washington, DC, Honorable Bob Goodlatte, orchestrate the logical, sequential arrival of 1997 House of Representatives, Washington, DC, units and equipment. Planners could antici- Honorable Charles S. Robb, The United pate, for example, on D+1 certain actions oc- This certainly is an invigorating morning! States Senate, Washington, DC, Honorable curring or specific units arriving. Using the It is good to see United States Senators John John Warner, The United States Senate, term D-Day also permitted military com- Warner and Chuck Robb; Representatives Washington, DC. manders to change the date of operations Bob Goodlatte and Virgil Goode; Members of The Virginia Commonwealth’s Welcome— easily without causing confusion or dis- the General Assembly; Chairperson Lucille The Honorable the Governor of Virginia rupting preparations. General Dwight D. Ei- Boggess; Mayor Michael Shelton; Josh George Allen, Jr. senhower, for example, changed the date of Honan, President of the D-Day Association Groundbreaking—Richard B. Burrow, Ex- the landings in Normandy because of bad of Ireland; John Slaughter, Chairman, and ecutive Director, National D-Day Memorial weather. Thus, American planners in World Members of the National D-Day Memorial Foundation. War II often used the term D-Day to assist in Foundation; Colonel Robert Doughty; Colo- Retrieval and Retirement of the Colors— the planning and conduct of operations in nel Smith; honored guests all; and most es- Color Guard. the Pacific and European theaters. pecially veterans and their families. On be- Benefiction—The Rev. J. Douglas Wigner, After June 6, 1944, however, the term D- half of the people of Virginia, welcome! Jr., Rector, St. Paul’s Episcopal Church; Day became synonymous with the landings Your presence honors our Commonwealth. Lynchburg, Virginia. on the Normandy beaches and the beginning We are grateful to have you here to help The Stars and Stripes Forever, Sousa—Jef- of what President Franklin D. Roosevelt break ground for the National D-Day Memo- ferson Forest High School Band. called the ‘‘mighty endeavor.’’ The day rial in Bedford County, Virginia. marked the decisive coming to grips with the This is an historically significant, com- STATEMENT OF PURPOSE Germans for which the Allies had been pre- memorative occasion for all Americans, in- By Col. William A. McIntosh, USA (Ret.) paring since the fall of France and the with- deed, for all freedom-loving people on earth The National D-Day Memorial Founda- drawal of the British from Dunkirk. D-Day and in the heavens. tion’s strength, both institutionally and marked a major step in winning a victory Veteran’s Day is a time for respectful re- operationally, is closely tied to a conscious over the Axis powers in Europe. flection as we honor and remember all those and deliberate commitment to its mission, a Many years after the invasion General brave men and women of the United States statement that bears repeating here: The Omar N. Bradley, who commanded the Amer- Armed Forces who have served us to secure purpose of the National D-Day Memorial ican First Army in the operation, said, and protect our nation’s interests, including Foundation is to memorialize the valor, fi- ‘‘Even now it brings pain to recall what hap- our God-given rights and freedoms, as well as delity,and sacrifices of the Allied Armed pened there on June 6, 1944. I have returned those rights and freedoms for our fellow Forces on D-Day, June 6, 1944. Its specific many times to honor the valiant men who human beings everywhere. mission is to establish in Bedford, Virginia, died on that beach. They should never be for- From the cold, snow-covered fields at Val- and maintain for the nation, a memorial gotten. Nor should those who lived to carry ley Forge to the hot, desert storms of the complex, consisting of a monument and edu- the day by the slimmest of margins.’’ Brad- Persian Gulf and Kuwait, and even today in cation center, that celebrates and preserves ley noted that every man who set foot on Bosnia, Virginians and Americans have the legacy of D-Day. Its operational objec- those beaches that day was a ‘‘hero.’’ He served nobly, and with great distinction, tives are to ensure the operation, integrity, later wrote, ‘‘Freedom is not a gift, and . . . whenever and wherever Duty’s clarion call and security of the D-Day Memorial Com- democracy can extract both stern and un- has sounded. plex; to sponsor innovative commemora- equal payment from those who share its We salute all of our veterans and their tions, educational programs, projects, and bounty. Freedom is neither achieved nor re- families who have stood against tyranny in

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12662 CONGRESSIONAL RECORD — SENATE November 13, 1997 defense of liberty in times of war and peace. mained in Garrison where they now op- ports the DeWine/Feingold legisla- And on this Veteran’s Day, we honor those erate the Graymoor Ecumenical and tion—agrees that the situation is a especially courageous patriots who—on that Religious Institute. At Graymoor they growing concern. S. 900 is a straight- gray, windy and fateful morning on the coast publish a monthly magazine, Ecumeni- forward, bipartisan effort to send the of Normandy—valiantly began the eradi- cation from Europe of the hateful plague of cal Trends, and operate St. Chris- message that pedophiles and child mo- Nazism, fascism and totalitarian dictator- topher’s Inn, a temporary shelter for lesters will not be allowed to exploit ship. homeless men, whom they refer to as the Internet to commit their illicit It is highly appropriate that this National ‘‘Brothers Christopher’’ or Christ Bear- crimes against children. While I regret D-Day Memorial should find its home here in ers. that someone has chosen to slow this Bedford, Virginia. The influence and the good work of effort to protect children, I fully intend As vividly described by Colonel Doughty, the Friars and Sisters extends well be- to return to this issue next year and United States and Allied soldiers stormed yond the Hudson Highlands region of will continue to push for the adoption Omaha Beach at dawn June 6, 1944. And ∑ brave men from Bedford County spearheaded New York, reaching throughout the of this legislation. the first wave in one of the greatest military United States, Canada, Europe and f feats in the annals of world history. Asia. They operate day care centers, Virginia remembers with pride the noble UNANIMOUS CONSENT Retreat Houses, Head Start programs, AGREEMENT—H.R. 2267 legacy of the 29th Division, especially the and shelters for battered wives and citizen-soldiers of the imperishable ‘‘Stone- children. They minister to the poor, Mr. GREGG. Mr. President, I ask wall Brigade’’ who waded, scrambled, fought unanimous consent that when the con- and overcame entrenched forces on high, for- feed the hungry, and embrace the marginalized worldwide. Not only do ference report to accompany H.R. 2267, midable bluffs. the appropriations bill for the Depart- While Time has washed away the blood of they seek unity of the Christian com- our fallen heroes from the beaches and cliffs munity, but also unity of the human ments of Commerce, Justice, and of Normandy, Time has not washed away, spirit and unity of the human commu- State, the Judiciary and Related Agen- and must not dim, our memories of those nity. cies is received, if it is identical to the horrific and heroic events—how they fought; True to their cause of Christian document filed earlier today, it be how they died; and how they won freedom for unity, they have dedicated their lives deemed agreed to and the motion to re- the people of Europe and the world. consider be laid upon the table, all Whether by hard-fought victory or through to the hope ‘‘that all may be one. . .that the world may believe.’’ I without further action or debate. steadfast vigilance, each generation passes The PRESIDING OFFICER. Without commend their single-heartedness and on to the next lessons: lessons in the some- objection, it is so ordered. times high price of freedom. congratulate them on the occasion of This Memorial will be a thoughtful, mag- their 100th anniversary.∑ f nificent tribute to the Americans and Allies THE COMMERCE, JUSTICE, STATE, who began the liberation of the European f AND JUDICIARY APPROPRIA- continent during that ‘‘Longest Day.’’ CHILD EXPLOITATION SEN- TIONS BILL Right here in Bedford, Virginia, people TENCING ENHANCEMENT ACT OF from around the world can—and will—come 1997 Mr. GREGG. Mr. President, I would to visit, learn and pay their respects to he- like to take a few minutes at this time ∑ Mr. FEINGOLD. Mr. President, I rise roes of unselfish character and undaunted to especially thank my staff, headed by courage. today to voice my disappointment that This Memorial will add meaning to the Jim Morhard, and so many other mem- in the final hours of this legislative bers of the staff on both the Demo- strong, silent testimony of those men who session, a piece of legislation sponsored lost their own future in making secure for cratic and Republican side, who have by my colleague, Senator DEWINE and others the responsibilities and opportunities spent literally hours, including all the I, S. 900 has apparently been stopped that come from freedom. hours of last night and many other eve- By breaking ground for this National D- from passing the Senate because of an nings, but the entire night, getting this Day Memorial, each of us is helping to en- objection from the other side of the bill into a position where it could be sure that the eternal flame of freedom will aisle. passed. It is, as it appears to be, the never be extinguished by force from without S. 900 is a bi-partisan effort to ad- last appropriations bill to be passed by or by neglect from within. dress the growing problem of criminals Through the hard work of so many, we are the Senate and the House and, as such, using the Internet to contact and tar- it has had more than its fair share of bequeathing to our children a greater appre- get young children that they ulti- ciation and respect for the many blessings of issues attached to it. But as a result of liberty, and a better understanding of their mately sexually abuse and exploit. the diligent and extraordinary work of responsibility to nurture and protect it. This bill requires the United States the staff, both the Democratic and Re- In closing, I pray God will continue to Sentencing Commission to create a publican staff, it is now, I believe, close bless Virginia and the United States with sentencing enhancement for criminals to successful conclusion, and I antici- people of such honor and character as those who use the Internet to facilitate sex- we remember this Veteran’s Day, so that our pate that the House will soon be pass- ual crimes against young people. The ing it, and it will be, as we have just United States will always be a beacon of legislation also increases penalties for hope, opportunity and freedom. agreed to here in the Senate, deemed Veterans: we gratefully salute you in our repeat sexual offenders. passed. minds and in our hearts!∑ S. 900 has, on two occasions, received The bill itself is a very strong piece f the unanimous support of the Senate of legislation. It makes an extraor- Judiciary Committee. It has passed the dinarily aggressive commitment to 100TH ANNIVERSARY OF THE Committee as a free-standing measure supporting and expanding our efforts in FRANCISCAN FRIARS AND SIS- and was adopted as an amendment to the area of law enforcement, in the TERS OF THE ATONEMENT juvenile justice legislation considered area of trying to stop the drugs that ∑ Mr. MOYNIHAN. Mr. President, De- by the Committee earlier this year. are flowing into this country, in pro- cember 15, 1997 will mark the 100th an- Yet, we are now told that the bill has tecting our borders and expanding our niversary of the Order of the Francis- been held. I find it troubling that efforts to make sure that people who can Friars and Sisters of the Atone- someone would object to legislation de- are convicted, especially of violent ment. The Order was founded by Fa- signed to help protect young children crimes, are incarcerated and kept in ther Lewis T. Watson and Mother from being sexual abused and molested prison. Lurana White in Garrison, New York and that such objection would be made, It has a very strong commitment with the goal of promoting Christian without providing Senator DEWINE or also to prevention activities in the unity. The Friars and Sisters continue myself an opportunity to address what- area of our justice system. Special em- their mission work through the pro- ever concerns might exist. phasis has been put on the violence- motion of the Week of Christian Unity Mr. President, the misuse of the against-women initiatives, which are and the operation of ecumenical cen- Internet is a growing problem. FBI Di- funded at $270.7 million in this bill, an ters and libraries. rector Freeh has testified to this fact increase of almost 55 percent in this Through the years, the Friars and and the National Center for Missing category since I became chairman in Sisters of the Atonement have re- and Exploited Children—which sup- 1995.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12663 Also, we have put a special emphasis in the area of research and technology, this very important appropriations on attempting to address the problems the National Oceanic and Atmospheric bill. I should note it is the 13th and of the Internet relative to child por- Administration. It is an organization final appropriations conference report, nography and, unfortunately, the fact which has cutting-edge knowledge in a the last one across the line, but a big that many pedophiles—people who wish variety of areas, but especially in the one and an important one—Commerce, to harm our children—are using the prediction of our weather. We aggres- State, and Justice and related agen- Internet for purposes of stalking chil- sively pursue the expansion of our ef- cies. It also became a vehicle for a dren. We have continued, supported, forts in weather research and informa- number of Senators to attempt to ad- and expanded the FBI’s initiatives in tion areas. dress problems, as it was the last con- things like ‘‘Innocent Images’’ which is We give our judges a cost-of-living ference report to go through the Con- a sting program to try to catch increase, something they deserve. This gress. It was quite a struggle, but an pedophiles and child pornographers. We bill covers a lot of different jurisdic- important one. I commend the Senator expanded it so that local and State law tions, as is known by most of the Sen- from New Hampshire for his good work. enforcement communities will have ex- ators. One that doesn’t get too much I should also note the cooperation he perience in this area and can take ad- attention is the fact that it covers the received from the ranking member, the vantage of the protocols set up by the judicial branch of our Government. We Senator from South Carolina. I thank FBI. are going to try to help the Supreme the Senator for his work. I am glad we Further, we recognize that juvenile Court out and renovate the Supreme had our colleagues from the other side crime is one of the greatest problems Court building, but at the same time of the Capitol also work with us on this in the country today, and we have at- we are going to give our judges a rea- effort, which was a very interesting ex- tempted to address that through the sonable cost-of-living adjustment. perience. expansion of the juvenile justice pro- In the area of the State Department, Mr. BIDEN. Mr. President, I come to grams, especially the preventive pro- we concentrate aggressively in trying floor today to discuss the new juvenile grams. I see Senator COATS here on the to get their physical house in order. It justice grant program contained in the floor, who has been a force of immense is really a national disgrace, the type appropriations bill for the Commerce, energy in the area of trying to address of equipment that some of our overseas Justice, and State Departments. Of juvenile prevention programs, such as personnel are asked to use. We still course, I would have preferred the ap- Big Sister/Big Brother, and Boys and have dial phones in some embassies propriators to defer to the Judiciary Girls Clubs, which is funded under this that we fund around the world. Many of Committee, which considered juvenile program. We have also created a new our facilities are simply decrepit and crime legislation for over a month and block grant, the purpose of which will rundown. We have made a major com- reported a bill to the Senate floor, so be to help local communities in the mitment to rehabilitate our facilities we could have a full debate and develop area of juvenile justice. This block and to expand the communication and effective, comprehensive juvenile grant is aggressively funded with $250 technology attributes of the State De- crime legislation. million. partment. That said, I am pleased that the con- There is, in addition, a comprehen- In addition, we are making a major ference report addresses one of my pri- sive effort—it is a continuing effort—to commitment to the personnel of the mary concerns by relaxing the man- address terrorism activities and to pur- State Department. I believe they and dates contained in earlier proposals sue an aggressive policy of counterter- their families deserve our support, es- that would have required States to try rorism. We all recognize, especially pecially in the area of giving them ade- more juveniles as adults to qualify for with the events of the last few days quate security. We aggressively pur- federal funding. that have occurred in Pakistan, that sued that. Recall that the juvenile crime bill Americans are at risk overseas. They Other agencies, the Small Business passed by the House of Representatives are also, regrettably, at risk in our Administration, FCC, FTC, all of which last spring would have disqualified own country. We have seen two trials are covered by this bill, are also ag- States from receiving federal funds un- just recently completed, one involving gressively addressed. We do all this in less prosecutors had complete discre- the New York Trade Center, the other the context of a bill that, although it tion to try certain 15-year-olds as involving a shooting outside the CIA. spends a considerable amount of adults. Similarly, as originally intro- Counterterrorism requires that we money, over $31 billion, spends less duced, the Senate Republican’s youth have a coordinated effort and that we than what the President requested and crime bill —S. 10—would have required have a strong law enforcement element is clearly within the budget, which is a States to give prosecutors unfettered in that coordinated effort, and this bill balanced budget, I would note, as a re- discretion to try 14-year-olds as adults, pursues both those activities. sult of the budget passed by this Con- even for minor crimes, to qualify for Senators who represent States along gress. funding. S. 10 as passed by the Com- our border, our southern border espe- So, again, I thank the staff for their mittee loosened this restriction sub- cially, have found very serious prob- extraordinary work in this area. I ap- stantially, by enabling States to qual- lems in the area of drug enforcement preciate especially the assistance of ify for funding so long as 14-year-olds and in the area of illegal immigrants the leader in allowing us to get this were eligible to be tried as adults for coming across the border, so we are bill finally resolved. Without his inter- serious violent crimes, which they al- dramatically expanding the number of vention at a number of critical stages, ready are in almost every State. INS border patrols in this bill, increas- it would not have been pulled together. Similarly, the new program con- ing them by 1,000; including $250 mil- I very much thank him for his assist- tained in the appropriations bill passed lion in new initiatives to try to restore ance in this effort. by Congress today does not require the integrity of the naturalization I also especially want to thank my States to change their laws on trying process, which unfortunately has fallen ranking member, Senator HOLLINGS, juveniles as adults. All a State must do on hard times, to say the least. That who is really a great fellow to work to participate in the new program is to may not be the best description of it, with. He has a tremendous institu- certify that it is ‘‘actively consid- in fact, because the system has so col- tional history of how this committee ering’’ such changes in policy. So, a lapsed. This bill puts the dollars nec- works, and where the funding comes State can say, ‘‘we’re going to think essary to give adequate support to the from, and what has happened in the about it,’’ introduce legislation but not INS, and also it dramatically expands past. His counsel has always been ex- enact it, or even reject legislative the Border Patrol efforts so that States traordinarily useful to me. changes and still qualify for the new like, especially, Texas and Arizona, I yield the floor. federal youth crime fighting funds. which need additional border patrols, The PRESIDING OFFICER. The ma- I support this relaxation from the will be able to obtain them. jority leader. earlier proposals because trying more It significantly expands our efforts in Mr. LOTT. Mr. President, I extend juveniles as adults is likely to be coun- the area of NOAA activities. This is my congratulations to the Senator terproductive. The research shows that one of our premier national treasures from New Hampshire for his work on juveniles tried in the adult system are

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12664 CONGRESSIONAL RECORD — SENATE November 13, 1997 more likely to be released on bail, less States won’t qualify for a penny of this view, Committee consideration, likely to be convicted, punished more money under H.R. 3 as passed by the amendment and report, Senate action slowly, and incarcerated less fre- House of Representatives on May 8, and House-Senate conference. Instead, quently than in the juvenile justice 1997. the Republican leadership is trying to system. If we want to get tough on ju- For instance, H.R. 3 mandates that a force this flawed block grant through venile crime, trying kids as adults is state must set up a new system of the Senate. the wrong answer. record keeping relating to juveniles Fortunately, we in the Senate have What is more, placing juveniles in that is equivalent to the record keep- been able to modify the flawed block adult jails—where they have exposure ing system for adults for similar con- grant program in H.R. 3 to make it tol- to hardened criminals—will only make duct under state and Federal law to be erable before it was included in this ap- them more likely to commit crimes eligible for this block grant. Many propriations bill. I want to thank the once they get out. So despite popular states would be forced to make consid- Ranking Member of the Senate Appro- opinion, trying more kids as adults erable changes to their laws to comply priations Subcommittee on Commerce, may make our crime problem worse, with this mandate. And the cost of Justice, State and the Judiciary, Sen- not better. complying with this mandate, which ator HOLLINGS, and the Subcommit- Instead of imposing unproven, Wash- would require capturing records for tee’s Chairman, Senator GREGG, for ington-based solutions on the States, minor juvenile offenses too, is totally working with me, Senator BIDEN, and the best thing the federal government unknown. other Members of the Senate Judiciary can do is provide local law enforce- My home state of Vermont, for exam- Committee. ment, prosecutors, juvenile courts, and ple, would not qualify for the block Our modifications make it clear that community based organizations addi- grant in H.R. 3, even though my State every state is eligible for the juvenile tional funds to develop creative, com- has some of the toughest juvenile crime block grant program in this con- prehensive strategies to address juve- crime laws in the country, and has the ference report. To qualify for the block nile crime. Such strategies are begin- lowest juvenile violent crime rates in grant program in this conference re- ning to bear fruit across the country as the country. Massachusetts will not port, the Governor of a State may cer- juvenile crime has fallen significantly qualify either, even though that State tify to the Attorney General that the in the past two years. has made enormous progress in reduc- State will consider legislation, policies The new juvenile crime block grant ing its violent crime problem. Our two and practices which if enacted would takes a partial step in the right direc- States must be doing something right. qualify the State for a grant under tion by providing $250 million for juve- I ask why we are being forced to take H.R. 3. Governor Dean of my home nile justice system improvements. But up the ill-considered H.R. 3 block grant State has indicated to me that he is this new program is deeply flawed by on an appropriations bill. The answer willing to make such a certification for failing to permit State and localities is because the Republican leadership Vermont to be eligible for this block to use any of these funds for juvenile says so. Otherwise, they might miss grant. We have also limited this pro- crime prevention programs. Police out on claiming credit in connection gram to the 1998 Fiscal Year and made chiefs and prosecutors around the with fighting juvenile crime before it subject to future authorization legis- country are emphatic that to be effec- Congress adjourns. I guess in their lation. tive in combating juvenile crime, we minds nothing happens that does not Mr. President, I stand ready to work have to combine tough enforcement involve their political agenda. Fighting with my colleagues on both sides of the with effective prevention programs. juvenile crime should not be about pol- aisle and in both houses of Congress to The new block grant sends the wrong itics. Unfortunately, this heavy-handed enact carefully considered legislation message to our States and localities by effort is purely partisan. For a group to reduce and prevent juvenile crime. requiring that all the funds be spent on that preaches states’ rights, the Repub- But this hastily conceived block grant enforcement and juvenile justice sys- lican Leadership has no trouble tram- approach as part of this appropriations tem improvements. pling the hard work and insight of 50 bill is the wrong way to achieve those I am also concerned that the new state legislatures who have enacted ju- goals. program will not result in sufficient venile crime legislation. H.R. 3 is a pre- Mr. HOLLINGS. Mr. President, I’m funding for juvenile prosecutors. Past sumptuous attempt to have the heavy pleased to join our Subcommittee experience has shown that block grants hand of the federal government dictate Chairman, Senator GREGG, in pre- that flow through local governments state criminal justice policy. This is senting this Fiscal Year 1998 Com- do not result in very much funding for the wrong way to craft serious legisla- merce, Justice, and State, the Judici- prosecutors offices. In the Senate tion. ary and Related Agencies Appropria- youth crime bill, we have established a The Senate Judiciary Committee tions Conference Agreement to the grant program—albeit an underfunded spent eight mark-ups over two months Senate. This is a good agreement that one—that would provide federal fund- earlier this year in crafting its juvenile has been worked out in a bipartisan ing directly to prosecutors specifically crime bill, the ‘‘Violent and Repeat Ju- fashion. It has taken us over six weeks for juvenile crime fighting efforts. I venile Offender Act of 1997,’’ S. 10. Why of negotiations with the House to reach will work to fix these and other flaws did Chairman HATCH and the other consensus. I should note that the Sen- in the new program when we consider members of the Judiciary Committee ate passed our version of the bill back youth violence legislation next year. work so hard to try to craft a bill if the on July 29 by a vote of 99 to 0. Mr. LEAHY. Mr. President, I want to Republican leadership is just going to In the Commerce, Justice, and State let my colleagues know that tucked in slip parts of the House bill into a appropriations bill we fund programs the hundreds of pages of provisions on spending bill at the last minute before ranging from the FBI to our State De- appropriating federal funds on existing Congress adjourns for the year? Every partment embassies overseas, to fish- programs in this conference report is Member of the Judiciary Committee eries research and the National Weath- legislative language to create a new worked many hours to revise S. 10 beer Service, to the Supreme Court and $250 million grant program, called the fore it was reported by the Committee the Federal Communications Commis- ‘‘Juvenile Accountability Incentive to the full Senate. This bill still has sion. It requires a balancing act of the Block Grant.’’ This newly authorized major problems, but is much improved priorities of the Nation, of the some- program is based on the block grant because of that deliberative legislative times shared and, as we have seen in program in H.R. 3, the ‘‘Juvenile Crime process and much better than its House this conference, more often competing Control Act of 1997,’’ although that bill companion, H.R. 3. I am hopeful that S. interests of our colleagues here in the have not passed or even been consid- 10 can be further improved on the Sen- Congress, and the priorities of the Ad- ered by the Senate. ate floor. ministration—all within the confines This new program sounds great until This juvenile block grant approach is of our 302(b) allocation. I think Chair- you look at the proverbial fine print. flawed and would benefit from atten- man GREGG and his able staff—Jim Because of all the new requirements on tion through the normal legislative Morhard, Kevin Linskey, Paddy Link, the States this is just a tease—many process of hearing, public comment, re- Dana Quam, Carl Truscott and Vasiliki

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12665 Alexopoulos—have done an outstanding Attorneys to collect the estimated $34 ference agreement makes it clear that job in balancing these interests in their billion in unpaid child support. I’m es- these conditions are only for fiscal work with our counterparts on the pecially pleased to note that an in- year 1998, and will cease upon enact- House Appropriations Committee. In crease of $8.3 million is provided to ac- ment of a new Juvenile Justice author- the face of a very involved House Re- tivate the new National Advocacy Cen- ization bill. publican leadership and an administra- ter in my home state. This center will In funding the Commerce Depart- tion that tried to give away the store provide training in litigation and advo- ment, our bill provides $4.3 billion, an in an effort to buy fast-track votes, we cacy to our Assistant U.S. Attorneys increase of $422 million over this year’s have held our own—and I fully support and State and Local Prosecutors. It enacted amounts. There are a number the agreement that we are considering will be to the U.S. Attorneys what of accounts in Commerce that are today. Quanitco is to the FBI and DEA. Fi- worth noting. In total, this bill provides $31.777 bil- nally, we have included $1 million for The International Trade Administra- lion in budget authority, $158 million our U.S. Attorney Rene Josey to con- tion has been allocated $283 million more than the Senate-passed bill. We tinue his outstanding violent crime this year, and it’s four program activi- have $1.881 billion more than was ap- task force efforts with our state and ties are funded at the following levels: propriated last year, and the bill is $275 local law enforcement personnel. Trade Development is at $59 million; million below the President’s request. The conference agreement provides Market Access and Compliance has a Once again, the CJS appropriations $1.4 billion for the Community Policy total of $17.3 million, which is an in- bill makes it clear that Congress is in- program and continues our commit- crease from last year; the Import Ad- tent on funding Justice and law en- ment to put 100,000 cops on the beat. ministration ends up at $28.7 million; forcement as a top priority. This bill I’m especially pleased to note that we and the U.S. and Foreign Commercial provides appropriations totaling $17.5 have included $100 million for an inno- Service is given $171 million, an in- billion for Justice—an increase of $1 vative program that addresses COPS crease of almost $8 million from last billion above last year for the Justice retention issues in smaller commu- year. Department. Including fees we provide nities with populations below 50,000. In The Bureau of Export Administration the Department through appropria- these small rural communities the is given $43.9 million this year. Our tions action, the total Justice Depart- COPS program has been especially ef- agreement on BXA has some compo- ment budget is $19.5 billion. fective. I’ve seen it first hand in com- nents that should be of no surprise to Within the Justice Department, the munities across South Carolina, and those familiar with this program. FBI is provided $2.9 billion. Included in I’m pleased that the House and Senate We’ve funded BXA to continue their this is a large increase of $143 million conferees were willing to support my counterterrorism activities, to address for the FBI to enhance its counterter- initiative. their new export control responsibil- rorism activities. This amount includes Additional programs to note with ities that were transferred to them $54 million to acquire counterterrorism Justice include: $25 million for the Re- from the Department of State, and to readiness capabilities for responding to gional Information Sharing System begin activities related to their respon- and managing incidents involving im- [RISS]; $505 million for the Edward sibilities under the Chemical weapons provised explosive devices, chemical Byrne Memorial Formula Grant Pro- Convention Treaty. and biological agents, and cyber at- gram and $523 for the Local Law En- The Economic Development Adminis- tacks. Also, $10 million is provided to forcement Block Grant Program; $30 tration, a favorite of many of my col- stop child exploitation on the Internet, million for Drug Courts; $238.6 million leagues, is at the higher house level of a new issue affecting our youth that for juvenile justice prevention pro- $340 million, including $178 million for this Committee held a special hearing grams including $25 million to combat Title I Public Works program, $30 mil- on earlier this year. We have provided underage drinking of alcoholic bev- lion for Title IX Economic Adjustment enhanced funding to reinvigorate our erages. This last program was offered Assistance, $9.1 million for technical battle against organized crime and to as an amendment to the bill by Sen- assistance, and $9.5 million for trade combat the La Cosa Nostra’s efforts to ator BYRD, Senator HATCH and myself adjustment assistance. penetrate the securities industry. Fi- last summer. $271 million provided for The bill funded the largest account in nally, we have provided $44.5 million Violence Against Women Programs. the Department of Commerce, NOAA, which will complete the new FBI lab- $556 million is provided for State Pris- at $2 billion, slightly below the higher oratory at Quantico, Virginia. on or ‘‘Truth in Sentencing’’ grants Senate number. This includes $241 mil- The Drug Enforcement Administra- and $585 million is provided for the lion for the National Ocean Service, tion is funded at $1.1 billion. Included State Criminal Alien Assistance Pro- $346 million for the National Marine in this amount is $34 million for 60 new gram. Fisheries Service, $277 million for Oce- agents, $30 million for counter-drug ef- Finally, let me point out that this anic and Atmospheric Research activi- forts along the Southwest border, $11 agreement includes $250 million for a ties, and $520 million for the National million targeted for methamphetamine new Juvenile Accountability Incentive Weather Service. One thing NOAA isn’t production and trafficking, and $10 mil- Block Grant. I know that there is some lacking is in the number of programs it lion and 120 positions for efforts to re- controversy among my colleagues be- funds. To mention a few, it should be duce heroin trafficking—all priorities cause we have provided this funding noted that we’ve provided NOAA with of the Senate. even though the House and Senate $3.5 million for pfiesteria and algal Also in Justice, the bill enhances INS have not collectively completed action bloom research, a new problem that we border control by recommending 1,000 on an authorization bill. This program became all to aware of over the last new Border Patrol agents, restoring provides for such programs as: build- few months here on the East Coast. We the integrity of the naturalization ing, expanding or operating juvenile also gave the National Ocean Service process, and expanding revocation, in- detention and corrections facilities; $44 million for mapping and charting so carcerations, and deportation activi- hiring additional juvenile judges, pro- it can meet its long-term mission re- ties. The INS is funded at $3.8 billion. A bation officers and court appointed de- quirements to examine ocean activi- program that most members have been fenders; drug courts; and hiring pros- ties. The popular Sea Grant program hearing about from their constituents ecutors. We have provided that these has been continued at $56 million, is the extension of 245(i). The conferees funds are available to states and local funds have been allocated to study that have adopted a ‘‘grandfathering’’ governments that consider the reforms omnipresent El Nino, and continued clause that would allow 245(i) proc- provided for the House-passed bill. We support is given to our National essing for anyone who has filed with have also provided that no state re- Weather satellites. the Attorney General or for labor cer- ceive less than .5 percent. Everyone I am especially pleased that we have tification with the Department of should be clear, that we are providing included $1 million for our new Ocean Labor by January 14, 1998. this as a stop-gap measure until the Policy Commission, the first serious The CJS bill also provides funds to Senate is able to pass a juvenile justice look at our ocean policy and NOAA accelerate and expand efforts by U.S. bill. The bill language in this con- since the Stratton Commission in the

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12666 CONGRESSIONAL RECORD — SENATE November 13, 1997 late 1960’s. I’ve talked with Dr. Baker In the State Department and inter- the Federal Trade Commission is fund- at NOAA, Admiral Watkins, and Dr. national programs title, we have in- ed at $106.5 million; and Legal Services Ballard—and we all believe that it is cluded $4 billion for the Department of Corporation is at $283 million, includ- time to reinvigorate our ocean pro- State and have supported the consoli- ing Senator WELLSTONE’s floor amend- grams and put the ‘‘O back in NOAA.’’ dation of our international affairs ment which ensure that income eligi- You know, we all spend so much time agencies. Within this amount we’ve bility determinations in cases of do- looking to space and a little mechan- provided $91 million to State and USIA mestic violence are made only on the ical robot on Mars, Yet 75% of our to accelerate the replacement of obso- basis of the assets and income of the planet is ocean, and our exploration of lete computers and communications individual. it is woefully lacking. gear, and $19.6 million to renovate The hot topic of the Commerce De- projects worldwide such as our facili- Finally, on a separate but related partment this year and the political ties in Beijing, China. $9.5 million is note, I would like to take a moment to issue that consumed our bill, the Cen- provided for architectural and engi- address a matter of importance regard- sus Bureau, is provided with $550 mil- neering work necessary to move our ing the Federal Communications Com- lion, which is an increase of $326 mil- Embassy to Jerusalem, the capital of mission, which is provided for this lion. But funding wasn’t the issue of Israel. I can’t think of any other na- Commerce, Justice, State appropria- controversy. Rather, we had a sticky tion where we refuse to recognize its tions bill. On July 1, the interstate ac- situation to work out regarding the capital. It is time for us to put our Em- cess fees paid by long distance compa- fate of the 2000 Decennial Census in bassy in the capital of Israel. nies to connect their customers to the terms of whether statistical sampling The bill has funded Contributions to local telephone companies’ networks could be used for the last 10 percent of International Organizations at $955 were reduced by over $1.5 billion annu- the population. The Census language million to pay the costs assessed to the ally. AT&T and MCI responded to these that was finally agreed upon over the United States for membership in inter- reductions by announcing plans to pass last few days is a compromise agree- national organizations. Within this these savings to their customers. ment between the White House and amount, $54 million is for payment of AT&T committed to reduce its day GOP leadership in the House which al- United Nations arrerages. Addition- and evening rates by 5 and 15 percent, lows the Commerce Department to ally, Contributions of International respectively, on July 15. One of the Peacekeeping Activities is funded at move forward with its efforts to plan news services reported that AT&T’s $256 million, including $46 million for for and conduct the year 2000 decennial residential customers would save $600 census. The agreement seeks to ensure payment of arrerages. So we have met million and business customers would that the Federal Courts will rule on our commitments under the budget save $300 million annually. Similarly, the constitutionality of using statis- agreement. I only hope that Chairman MCI announced it will pass along these tical sampling prior to the next census HELMS and Senator BIDEN can get a savings to customers as well. by creating expedited judicial review State Department Authorization bill proceedings, and it establishes a Cen- through the Congress so we can make In the past, AT&T was regulated as a sus Monitoring Board that will observe meaningful changes in New York, and dominant carrier and regularly filed its and monitor all aspects of the prepara- we can reorganize our international af- tariffs with the Federal Communica- tion of the 2000 census, including dress fairs into a more rational structure. tions Commission thereby providing rehearsals. I’m especially pleased that the con- the necessary verification of these Now for the remaining programs in ference adopted language that I pro- types of savings for consumers. With Commerce—the Patent and Trademark posed that requests the State Depart- AT&T now being a non-dominant car- Office was provided with $716 million, ment to send a reprogramming to en- rier, it no longer has to file data with including fees; we have been hearing sure that the United States maintains the Commission to justify its rates. from the Inspector General of Com- its vote in international organizations. There is some concern that the tariffs merce about poor management over With respect to organizations like the that AT&T and MCI have filed with the there and we are going to take a close International Rubber Organization Commission do not contain a sufficient look at PTO programs next fiscal year. [INRO] we are hurting U.S. business analysis to demonstrate the amount of With respect to the National Institute and prestige by maintaining shortfalls. the long distance price reductions have of Standards and Technology, NIST, it We are letting other third world na- been passed on to consumers. At a minis funded at $677 million, slightly lower tions dominate and have put the cred- imum, the Commission should verify than enacted levels; I’m pleased that itworthiness of the United States in a that amount of access charge reduc- Manufacturing Extension Centers are position along with the Ivory Coast tions pledged by these carriers are funded at $113 million and the Ad- and Nigeria. We need to keep current passed on to consumers. vanced Technology Program [ATP] is and keep our seat at the table. funded at $193 million. I’m pleased that Other programs to note within this The Commission should take what- we seem to finally be getting to a sane Title of the bill include $1.1 billion for ever steps it deems necessary to ensure policy on our Commerce technology United States Information Administra- that these carriers furnish sufficient programs. They are out lead edge in tion [USIA]. Under the USIA account, data to verify that consumers have in- the trade war. This year the rhetoric the National Endowment for Democ- deed benefited from access charge re- subsided, and we started to get back to racy is funded at $30 million, the East- ductions. The Commission should also normalcy and ‘‘adult supervision’’ West Center is provided with $12 mil- monitor long distance rates to insure around here, as Senator Dole would lion, the North-South Center is $1.5 that the benefits of these reductions say. No one is seriously considering million, International Broadcasting is are not reversed by subsequent in- unilaterally disarming in the trade war $364 million, and Educational and Cul- creases. and disestablishing the Department of tural Exchange programs are $198 mil- Ensuring that the long distance car- Commerce and our technology pro- lion without the Senate-passed over- riers make good on their commitment grams. head certification requirements. Addi- to flow through access charge reduc- Now to discuss the Judiciary—the tionally, $41.5 million is provided for tions to consumers in the form of lower total Judiciary account is funded at Arms Control and Disarmament Agen- long distance rates is an important $3.463 billion, $200 million above en- cy [ACDA]. acted levels. We have provided the Fed- Finally, in the Related Agencies issue that should not be overlooked by eral Judges with a cost of living adjust- Title of our bill, it should be noted that the Commission. ment. And, with respect to the Ninth the Maritime Administration was fund- Mr. President, this is a good bill and Circuit Court of Appeals, we have ed at $138 million, with a level of $35.5 I support it. We have had to make some agreed on a Commission to study judi- million for the Maritime Security Pro- tough decisions, but under the able cial organization. So we have avoided a gram; the Small Business Administra- leadership of Chairman GREGG and his veto issue and will look to the Chief tion is funded at $705 million and for able staff, I think we have made the Justice of the Supreme Court to pick its non-credit programs, the bill pro- right decisions. Senator GREGG has qualified, fair experts to review the sit- vides $500,000 minimum level for all really taken hold of this bill this year. uation. Small Business Development Centers; And, of course, I want to thank my

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12667 good friends in the other body, Chair- DEADBEAT PARENTS PUNISHMENT they have found that current mis- man HAL ROGERS and Mr. ALAN MOLLO- ACT OF 1997 demeanor penalties do not have the HAN of West Virginia. They are true Mr. LOTT. Mr. President, I ask unan- teeth to adequately deal with more se- professionals. They have outstanding imous consent that the Senate now rious cases—those cases in which par- staff, first rate professional staff in proceed to the consideration of Cal- ents move from State to State, or Jim Kulikowski, Therese McAuliffe, endar No. 271, S. 1371. internationally, to intentionally evade Jennifer Miller, Mike Ringler, Jane The PRESIDING OFFICER. The child support penalties. Those are seri- Wiseman, Pat Schleuter, Mark Murray, clerk will report. ous cases that deserve serious felony David Reich, Sally Gaines and Liz The legislative clerk read as follows: punishment and, under this new meas- White. A bill (S. 1371) to establish felony viola- ure, that serious punishment will be I encourage my colleagues to support tions for the failure to pay legal child sup- available. the FY 1998 Commerce, Justice, State, port obligations, and for other purposes. Mr. President, I believe that making the Judiciary, and Related Agencies The PRESIDING OFFICER. Is there the Deadbeat Parents Punishment Act appropriations bill. objection to the immediate consider- law will make a difference in the lives Mr. LAUTENBERG. Mr. President, I ation of the bill? of families across the country. I thank rise today to commend the work of There being no objection, the Senate my friend from Ohio, and this bill’s Straight and Narrow, a non-profit or- proceeded to consider the bill. original cosponsor, Senator DEWINE for ganization headquartered in Paterson, Mr. KOHL. Mr. President, let me his efforts on behalf of children and New Jersey, which has been a pioneer take a moment to explain the Deadbeat families, and I commend my colleagues in the field of substance abuse treat- Parents Punishment Act of 1997, which in the Senate for passing this impor- ment with impressive results. I introduced with Senator DEWINE and tant message. I look forward to this Straight and Narrow serves more which I drafted with the help of the ad- measure quickly passing the House and than 750 people a day, almost all of ministration. This measure toughens being signed into law by the President. them poor. Its services cover the whole the criminal penalties we created in Mr. President, I ask unanimous con- spectrum of the substance abuse field, the Child Support Recovery Act of 1992 sent that a section-by-section analysis from effective prevention services for and creates new gradations of offenders be printed in the RECORD. young people to treatment of the to target and punish the most egre- There being no objection, the mate- chemically dependent. Straight and gious child support evaders. It ensures rial was ordered to be printed in the Narrow’s programs have been proven to that more serious crimes receive the RECORD, as follows: deliver effective treatment at a signifi- more serious punishments they clearly SECTION-BY-SECTION ANALYSIS OF S. 1371, THE cantly lower cost per patient than deserve. And, Mr. President, this meas- DEADBEAT PARENTS PUNISHMENT ACT OF 1997 most treatment programs. National ure sends a clear message to deadbeat The ‘‘Deadbeat Parents Punishment Act of studies of Straight and Narrow’s work dads and moms: ignore the law, ignore 1997’’ amends the current criminal statute have concluded that its results have far your responsibilities, and you will pay regarding the failure to pay legal child sup- exceeded those of other approaches to a high price. In other words, pay up or port obligations, 18 U.S.C. 228, to create fel- substance abuse treatment. go to jail. ony violations for aggravated offenses. Cur- Straight and Narrow is currently When Senator SHELBY and I intro- rent law makes it a federal offense to will- working in conjunction with the New duced the original Child Support Re- fully fail to pay a child support obligation Jersey Department of Corrections and covery Act, we knew that Federal pros- with respect to a child who lives in another ecutors had a role to play to keep these state if the obligation has remained unpaid the National Development and Re- for longer than a year or is greater than search Institutes [NDRI] on a research parents from shirking their legal, and I $5,000. A first offense is subject to a max- and demonstration proposal to develop would argue moral, responsibilities. It imum of six months of imprisonment, and a a national model of Straight and Nar- has been estimated that if delinquent second or subsequent offense to a maximum row’s approach to substance abuse parents fully paid up their child sup- of two years. treatment. This proposal includes clin- port, approximately 800,000 women and The bill addresses the law enforcement and ical trials of the use of patient work children could be taken off the welfare prosecutorial concern that the current stat- combined with psychological coun- rolls. In fact, Mr. President, since that ute does not adequately address more serious legislation was signed into law in 1992, instances of nonpayment of support obliga- seling, family therapy, education, job tions. For such offenses a maximum term of training, and after care for treatment over 386 cases have been filed, resulting imprisonment of just six months does not of substance abusers from disadvan- in at least 165 convictions to date. And meet the sentencing goals of punishment and taged backgrounds, including non vio- not only has that law brought about deterrence. Aggravated offenses, such as lent prisoners. punishment, but it has also brought those involving parents who move from state Mr. President, I am proud of Straight about payment. Collections have in- to state to evade child support payments, re- and Narrow’s accomplishments in New creased by nearly 50 percent, from $8 quire more severe penalties. Jersey, and I believe that it would be billion to $11.8 billion, and a new na- Section 2 of the bill creates two new cat- most advantageous for the Federal tional database has helped identify egories of felony offenses, subject to a two- year maximum prison term. These are: (1) Government to assist in the develop- 60,000 delinquent fathers—over half of traveling in interstate or foreign commerce ment of a model for the implementa- whom owed money to women on wel- with the intent to evade a support obligation tion of Straight and Narrow’s programs fare. Although we should be proud of if the obligation has remained unpaid for a on the national level. I believe that that increase, we can not merely rest period longer than one year or is greater Straight and Narrow’s proposal is one on our laurels. More can be done—and than $5,000; and (2) willfully failing to pay a that the Department of Justice should today the Senate’s passage of the Dead- support obligation regarding a child residing seriously consider supporting, and I beat Parents Punishment Act is a step in another state if the obligation has re- hope the Department will give this pro- in the right direction. mained unpaid for a period longer than two years or is greater than $10,000. These of- posal serious consideration. Mr. President, as you know, current law already makes it a Federal offense fenses, proposed 18 U.S.C. 228(a) (2) and (3), Mr. LOTT. Mr. President, before I indicate a level of culpability greater than proceed to some closing bills and Exec- to willfully fail to pay child support that reflected by the current six-month max- utive Calendar, I would like to consult obligations to a child in another State imum prison term for a first offense. The with the Democratic leader. So I sug- if the obligation has remained unpaid level of culpability demonstrated by offend- gest the absence of a quorum. for longer than a year or is greater ers who commit the offenses described in The PRESIDING OFFICER. The than $5,000. However, the current law, these provisions is akin to that dem- clerk will call the roll. by providing for a maximum punish- onstrated by repeat offenders under current The legislative clerk proceeded to ment of just 6 months in prison for a law, who are subject to a maximum two-year first offense, makes violations only a prison term. call the roll. Proposed section 228(b) of title 18, United Mr. LOTT. Mr. President, I ask unan- misdemeanor. A first offense—no mat- States Code, states that the existence of a imous consent that the order for the ter how egregious—is not a felony support obligation in effect for the time pe- quorum call be dispensed with. under current law. riod charged in the indictment or informa- The PRESIDING OFFICER. Without Police officers and prosecutors have tion creates a rebuttable presumption that objection, it is so ordered. used the current law effectively, but the obligor has the ability to pay the support

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12668 CONGRESSIONAL RECORD — SENATE November 13, 1997 obligation for that period. Although ‘‘ability which includes possessions and territories of erally Recognized Indian Tribe List Act of to pay’’ is not an element of the offense, a the United States, does not expressly include 1994 (25 U.S.C. 479a); demonstration of the obligor’s ability to pay commonwealths. ‘‘(2) the term ‘State’ includes any State of contributes to a showing of willful failure to Mr. LOTT. Mr. President, I ask unan- the United States, the District of Columbia, pay the known obligation. The presumption imous consent that the bill be read the and any commonwealth, territory, or posses- in favor of ability to pay is needed because third time and passed; that the motion sion of the United States; and proof that the obligor is earning or acquiring to reconsider be laid upon the table; ‘‘(3) the term ‘support obligation’ means income or assets is difficult. Child support and that any statements relating to any amount determined under a court order offenders are notorious for hiding assets and or an order of an administrative process pur- failing to document earnings. A presumption the bill appear at the appropriate place suant to the law of a State or of an Indian of ability to pay, based on the existence of a in the RECORD. tribe to be due from a person for the support support obligation determined under state The PRESIDING OFFICER. Without and maintenance of a child or of a child and law, is useful in the jury’s determination of objection, it is so ordered. the parent with whom the child is living.’’. whether the nonpayment was willful. An of- The bill (S. 1371) was read the third f fender who lacks the ability to pay a support time and passed, as follows: obligation due to legitimate, changed cir- S. 1371 UNANIMOUS-CONSENT AGREE- cumstances occurring after the issuance of a MENT—EXECUTIVE NOMINA- support order has state civil means available Be it enacted by the Senate and House of Rep- resentatives of the United States of America in TIONS TO REMAIN IN STATUS to reduce the support obligation and thereby QUO, WITH EXCEPTIONS avoid violation of the federal criminal statue Congress assembled, in the first instance. In addition, the pre- SECTION 1. SHORT TITLE. Mr. LOTT. Mr. President, I ask unan- sumption of ability to pay set forth in the This Act may be cited as the ‘‘Deadbeat imous consent, as in executive session, bill is rebuttable, a defendant can put forth Parents Punishment Act of 1997’’. that all nominations received in the evidence of his or her inability to pay. SEC. 2. ESTABLISHMENT OF FELONY VIOLA- Senate during the 105th Congress, 1st TIONS. The reference to mandatory restitution in session, remain in status quo, notwith- proposed section 228(d) of title 18, United Section 228 of title 18, United States Code, States Code, amends the current restitution is amended to read as follows: standing the sine die adjournment of requirement in section 228(c). The amend- ‘‘§ 228. Failure to pay legal child support obli- the Senate, with the following excep- ment conforms the restitution citation to gations tions: Bill Lann Lee and Executive Cal- the new mandatory restitution provision of ‘‘(a) OFFENSE.—Any person who— endar No. 370. federal law, 18 U.S.C. 3663A, enacted as part ‘‘(1) willfully fails to pay a support obliga- I further ask unanimous consent that of the Antiterrorism and Effective Death tion with respect to a child who resides in all provisions of rule XXXI, paragraph Penalty Act of 1996, P.L. 104–132, section 204. another State, if such obligation has re- 6, of the Standing Rules of the Senate This change simply clarifies the applica- mained unpaid for a period longer than 1 remain in effect, notwithstanding the bility of that statute to the offense of failure year, or is greater than $5,000; previous agreement. to pay legal child support obligations. ‘‘(2) travels in interstate or foreign com- Proposed subsection (e) clarifies that pros- The PRESIDING OFFICER. Without merce with the intent to evade a support ob- objection, it is so ordered. ecutions for violations of this section may be ligation, if such obligation has remained un- brought either in the district where the child paid for a period longer than 1 year, or is f resided or the obligor resided during a period greater than $5,000; or of nonpayment. Inclusion of this language is UNANIMOUS-CONSENT ‘‘(3) willfully fails to pay a support obliga- AGREEMENT—H.J. RES. 106 necessary in light of a recent case, Murphy v. tion with respect to a child who resides in United States, 934 F.Supp. 736 (W.D. Va. 1966), another State, if such obligation has re- Mr. LOTT. Mr. President, I ask unan- which held that a prosecution had been im- mained unpaid for a period longer than 2 imous consent that when the Senate properly brought in the Western District of years, or is greater than $10,000; receives House Joint Resolution 106, Virginia, where the child resided, because shall be punished as provided in subsection the obligor was required, by court order, to the continuing resolution, that it be (c). considered read three times and passed, send his child support payments to the state ‘‘(b) PRESUMPTION.—The existence of a sup- of Texas. Proposed subsection (e) is not port obligation that was in effect for the and that the motion to reconsider be meant to exclude other venue statutes, such time period charged in the indictment or in- laid upon the table. as section 3237 of title 18, United States formation creates a rebuttable presumption The PRESIDING OFFICER. Without Code, which applies to offenses begun in one that the obligor has the ability to pay the objection, it is so ordered. district and completed in another. support obligation for that time period. f For all of the violations set forth in pro- ‘‘(c) PUNISHMENT.—The punishment for an posed subsection (a) of section 228, the gov- offense under this section is— ADOPTION AND SAFE FAMILIES ernment must show the existence of a deter- ‘‘(1) in the case of a first offense under sub- ACT OF 1997 mination regarding the support obligation, section (a)(1), a fine under this title, impris- as under current law. Under proposed sub- Mr. LOTT. Mr. President, I ask the onment for not more than 6 months, or both; Chair lay before the Senate a message section (f)(3) the government must show, for and example, that the support obligation is an ‘‘(2) in the case of an offense under para- from the House of Representatives on amount determined under a court order or graph (2) or (3) of subsection (a), or a second the bill (H.R. 867) to promote the adop- an order of an administrative process pursu- or subsequent offense under subsection (a)(1), tion of children in foster care. ant to the law of a State to be due from a a fine under this title, imprisonment for not The PRESIDING OFFICER laid be- person for the support and maintenance of a more than 2 years, or both. fore the Senate the following message child or of a child and the parent with whom ‘‘(d) MANDATORY RESTITUTION.—Upon a from the House of Representatives. the child is living. Proposed subsection (f)(3), conviction under this section, the court shall however, expands the scope of covered sup- order restitution under section 3663A in an [The bill was not available for print- port obligations to include amounts deter- amount equal to the total unpaid support ob- ing. It will appear in a future issue of mined under a court order or an order of an ligation as it exists at the time of sen- the RECORD.] administrative process pursuant to the law tencing. Mr. DEWINE. Mr. President, H.R. 867, of an Indian tribe. Subsection (f)(1) defines ‘‘(e) VENUE.—With respect to an offense the Adoption and Safe Families Act of the term ‘‘Indian tribe’’ to mean an Indian under this section, an action may be in- 1997, is an extremely important piece of or Alaska Native tribe, band, nation, pueblo, quired of and prosecuted in a district court legislation. Let me begin by thanking of the United States for— village, or community that the Secretary of Senators CRAIG, CHAFEE, ROCKEFELLER, Interior acknowledges to exist as an Indian ‘‘(1) the district in which the child who is JEFFORDS, COATS, GRASSLEY, MOY- tribe pursuant to section 102 of the Federally the subject of the support obligation in- Recognized Indian Tribe List Act of 1994, 25 volved resided during a period during which NIHAN, LANDRIEU, Chairman ROTH, and U.S.C. 479a. The expanded definition permits a person described in subsection (a) (referred Senator LOTT, the majority leader, who enforcement of the statute for all children to in this subsection as an ‘obliger’) failed to has made this bill a priority. I thank for whom child support was ordered by either meet that support obligation; all of them and I thank their staffs for a state or tribal court or through a state or ‘‘(2) the district in which the obliger re- all the hard work they have done. I tribal administrative process. sided during a period described in paragraph also want to thank our distinguished Proposed subsection (f)(2) of section 228 (1); or House colleagues Representatives DAVE amends the definition of ‘‘state,’’ currently ‘‘(3) any other district with jurisdiction CAMP and BARBARA KENNELLY, as well in subsection (d)(2), to clarify that prosecu- otherwise provided for by law. tions may be brought under this statute in a ‘‘(f) DEFINITIONS.—As used in this section— as Chairman SHAW, and their staffs, for commonwealth, such as Puerto Rico. The ‘‘(1) the term ‘Indian tribe’ has the mean- their hard work in moving the bill current definition of ‘‘state’’ in section 228, ing given that term in section 102 of the Fed- through the House of Representatives.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12669 This is a significant bill for a number Subcommittee on improving the well- child welfare services plan approved by of reasons. being of abused and neglected children. the Secretary of Health and Human It will require reasonable efforts to When the new Congress reconvened Services and that plan must be in ef- be made to find adoptive homes for in January of this year, I reintroduced fect. children. my bill to clarify reasonable efforts, as The State plan must provide, and I It requires concurrent case planning, S. 178. It was my very first order of quote now from the 1980 law, it must which will reduce the amount of time business in the new Congress. provide ‘‘that, in each case, reasonable that a child has to wait to be adopted. On January 21, 1997, I spoke about efforts will be made (A) prior to the It would do this by permitting States this on the Senate floor. That can be placement of a child in foster care, to to develop an alternative permanency found in the CONGRESSIONAL RECORD, prevent or eliminate the need for re- plan in case a child’s reunification with page S551. moval of the child from his home and his family doesn’t work out. On February 14, President Clinton (B) to make it possible for the child to The bill shortens the time line for endorsed my reasonable efforts bill. return to his home.’’ children in foster care. On February 24, I spoke about this on Mr. President, over the last 17 years, And it reduces interstate geographic the Senate floor—page S1431. since this law went into effect and barriers to adoption. On March 20, Senators CHAFEE and But there is one element of this bill since this provision became part of our ROCKEFELLER introduced another bill that is especially important—a provi- Federal law, this law, tragically, has to help us build momentum. That bill often been seriously misinterpreted by sion I have been working to enact for was titled S. 511, the Safe Adoptions over 2 years now. This one provision those responsible for administering our and Family Environments Act. foster care system. will save the lives of many children— On April 8, I testified again in the and ensure that many others get to Too often, reasonable efforts, as out- House Ways and Means Committee on lined in the statute, have come to live in safe, loving, and permanent this topic. adoptive homes. mean unreasonable efforts. It has come On April 30, H.R. 867, the Adoption to mean efforts to reunite families My staff and I have been involved in Promotion Act of 1997, overwhelmingly the discussion, drafting, negotiation, which are families in name only. I am passed the House of Representatives by speaking now of dangerous, abusive and adoption of just about every provi- a vote of 416 to 5. This bill, sponsored sion in this bill. But I have been work- adults who represent a threat to the by Representatives DAVE CAMP and ing for the passage of this one par- health and safety and even the lives of BARBARA KENNELLY, included my lan- these children. ticular provision for a very long time— guage to clarify reasonable efforts. I and I believe it merits extended discus- This law has been misinterpreted in talked about that bill, on the same day such a way that no matter what the sion in detail. that it passed in the House, on the This provision is a clarification of particular circumstances of a house- floor of the Senate. Those remarks can the so-called reasonable efforts law, hold may be, it is argued that the be found at S3841. that was first passed in 1980. I intro- State must make reasonable efforts to Mr. President, I addressed this issue duced this provision as S. 1974 in the keep that family together and to put it again on the Senate floor on May 1. 104th Congress, and again as S. 178 in back together if it falls apart. I have Those remarks can be found at page the 105th Congress. traveled across the State of Ohio, talk- I have given at least nine speeches on S3898, and yet again, on May 5, I spoke ing with child service representatives, the floor discussing the need for this about the issue, and those remarks can with judges, other social welfare pro- legislation; chaired one hearing on it; be found at S3947. fessionals who have told me about this On May 21, I testified on this issue at and testified at several others. problem. I have held hearings with ex- Anyone who is seeking to understand a hearing in the Senate Finance Com- perts from other parts of the United the need for this legislation—and our mittee. States, and we have discovered that legislative purpose in passing this bill On October 1, I addressed this issue this is a truly national problem. today—would do well to review my re- on the Senate floor again. Those re- There can be no doubt that this prob- marks can be found at page S10262. On marks in the RECORD on those occa- lem did, in fact, arise because of the sions. I will detail—in these remarks October 8, I testified yet again in a 1980 law, and it arose because this 1980 today—both the dates of these speech- hearing before the Finance Committee law was and has been for 17 years mis- es, and their page citations in the on the Promotion of Adoption, Safety interpreted. Clearly, the Congress of and Support of Abused and Neglected RECORD for easy reference. the United States in 1980 did not intend On May 23, 1996, I held my first press Children Act, the PASS Act, as it is that children should be forced back conference to call for a change in the commonly known. into the custody of adults who are reasonable efforts law. Finally, on October 24 of this year, I known to be dangerous and known to On June 4, 1996, I discussed this prob- addressed this issue again on the Sen- be abusive. lem here on the Senate floor. That ate floor, and those remarks can be My purpose in making these com- speech will be found in the RECORD at found on page S11175. ments today is to make absolutely cer- page S5710. The legislation that we will take up tain that this legislation that I believe On June 27, 1996, I testified before our in a moment and that I hope we pass we are about to pass, H.R. 867, is not colleagues over in the House Ways and today is the culmination of that effort. misinterpreted. My purpose today is to Means Subcommittee on Human Re- I have taken the time of the Senate make sure the bill we are about to pass sources, at a hearing on how P.L. 96– today to outline that history, as I statis not misinterpreted. I intend, there- 272, the Adoption Assistance and Child ed a moment ago, because I want to fore, to explain in some detail our pur- Welfare Act is a barrier to adoption. make it very clear what the legislative pose in passing this legislation. On July 18, 1996, I introduced S. 1974, history is and what the intent was be- Let me begin, if I can, Mr. President, a bill to clarify what Congress means hind that provision of the bill. by reading clause A of H.R. 867, and by reasonable efforts. I offered the bill Let me turn now to the need for this this is the bill we are about to take up. the very same day as an amendment to provision. Clause A of this bill says: the Senate’s welfare reform legislation, Let me explain why this provision was the focus of so much attention and (A) in determining reasonable efforts to be but withdrew the amendment because made with respect to a child, as described in it was not germane. Nevertheless, I why we need this provision. this section, and in making such reasonable continued to talk about this problem, We need it, Mr. President, because of efforts, the child’s health and safety shall be in an effort to create momentum to an unintended consequence of a bill the paramount concern. bring this kind of legislation to the that was passed by this Congress in Let me read it again. Clause A of floor. 1980. The Adoption Assistance and H.R. 867 that we are about to take up My remarks on that occasion will be Child Welfare Act of 1980 included a says: found at page S8142 of the RECORD. provision saying that for a State to be In determining reasonable efforts to be On November 20, 1996, we held a hear- eligible for Federal funds for foster made with respect to a child, as described in ing in the Labor and Human Resources care spending, that State must have a this section, and in making such reasonable

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12670 CONGRESSIONAL RECORD — SENATE November 13, 1997 efforts, the child’s health and safety shall be the health and safety of children in in- the beginnings. It is, I think, precisely the paramount concern. dividual cases, including cases other what we have started today, the begin- The purpose of clause A, Mr. Presi- than those described in section nings of a solution to this problem. dent, is to make it clear to everyone 471(a)(15)(D).’’ The sad truth is, some children will involved in caring for our young peo- This leaves absolutely no room for continue to spend too much time wait- ple, not just judges, but also case- doubt. Whether the case comes under ing to be adopted. But without this workers, prosecutors, magistrates, the previously listed examples or not, bill, more children would have to wait, court-appointed attorneys, and child the health and safety of the child and they would have to wait longer. It advocates—all of them—that reason- must—must—come first. is also true, Mr. President, that it is a able efforts to reunify families must be The passage of this bill will cause a tragic fact that children will continue governed by one overriding principle, momentous change in how we look out to die in this country of child abuse. and that overriding principle is that for the interests of the most vulnerable But without this bill, more children the health and safety of the child must children in this country. I thank a would have died. always, always, always come first. number of individuals who have helped Mr. President, we should make no In determining what efforts are re- us build a consensus for making this mistake about the challenges ahead. quired, in determining what efforts are change. I must say that is what had to We stand only at the very beginning of reasonable, we must give priority to happen before we could pass this bill. a long struggle to save America’s chil- this clause. We had to get a consensus, not just in dren. I do not think it is enough, as we Second, clause A also makes clear the Senate, not just in the House, but, do in this bill, to get more children that there are some cases in which rea- frankly, among caring people across adopted, although we are doing that, sonable efforts do not need to be made this country. It had to become a public nor it is enough to make sure that to reunify children with dangerous issue. fewer children are killed. adults. In some cases, no efforts are Let me thank some of the people who It is our responsibility as a Congress, reasonable efforts. In some cases, any helped change that and build that con- as citizens, as a people to do all we can efforts are unreasonable efforts. sensus. to build an America, to build a country All the rest of this section of this Dr. Richard Gelles, whose path- where children do not die of child bill, which will become law, must be breaking book called ‘‘The Book of abuse. I see an America and I want read in the light of clause A which I David,’’ did so much to educate me and America, Mr. President, where every just read. Clause A governs the law of the rest of America on this issue. He child has the opportunity to live in a reasonable efforts. Clause A defines, deserves a great deal of thanks. safe, a stable, a loving, and a perma- once and for all, the overriding prin- Peter Digre, Director of the depart- nent home. ciple, that the health and safety of the ment of children and family services of That is why, Mr. President, I intend child must always, always, always the county of Los Angeles, was also in- to return to this issue next year. There come first. strumental and testified about the is a great deal we can still do. There is This bill that we are about to take up need for our bill. a great deal we must do, and there is a also includes a list of certain very spe- Mrs. Sharon Aulton, the grand- great deal we must do soon. cific cases in which reasonable efforts mother of Christina Lambert and Nat- We need, for example, to provide bet- are not required, very specific cases alie Aulton, two children who lost ter training for caseworkers who look laid out in the statute. They include their lives to child abuse. I think Mrs. out for our children. We need to make the crimes set forth already in the Aulton was very brave when she came sure that they have smaller case loads. Child Abuse Prevention and Treatment before us to share her heartbreaking We need to do more to emphasize adop- Act, or CAPTA. They also include ag- story. She helped us bring the point tion as the solution and provide great- gravated circumstances that will have home really as no one else could about er resources and more emphasis on to be defined by each individual State, the need for change. adoption so we can increase adoptions. and they include also cases in which Mary McGrory of the Washington We need, Mr. President, to provide the parental rights have been involun- Post, a tireless advocate for children, better training for the courts that deal tarily terminated as to the sibling of who wrote at least two very compelling with our children. We need to make the child in question. columns about the need for change in sure that the families who are in trou- Mr. President, let me point out now our reasonable efforts law. ble, but who can be saved, do get help, very carefully so there is no risk of Dave Thomas of Ohio, a man who has and that they get good help, and that misinterpretation on this floor, this devoted an incredible amount of effort they get it before it is too late. list that I have just read is not meant to promote adoption as a way to pro- That is quite an extensive agenda, to be an exclusive list. The authors of vide a better future for America’s en- Mr. President, for this country, but I this legislation do not—do not—intend dangered children. believe it is necessary, and I believe we these specified items to constitute an All the caseworkers, the CASA vol- are up to it. exclusive definition of which cases do unteers, prosecutors and other con- If we want to continue to think of not require reasonable efforts to be cerned citizens throughout Ohio and ourselves as a good country, we cannot made. across this country who took the time afford to continue allowing so many of Rather, these are examples—these to help me and my staff learn about our children to be abused and so many are just examples—of the kind of adult this issue and craft the beginnings of a to be killed, nor, Mr. President, can we behavior that makes it unnecessary, solution. allow so many of our children to lan- that makes it unwise, makes it simply Mr. President, speaking of my staff, I guish in an unadoptable situation wrong for the Government to make also thank my senior counsel, Karla where they are sometimes shuttled, continued efforts to send children back Carpenter, who has worked so tire- many times from home to home to to their care. This is not meant to be lessly on behalf of getting this bill home, without getting what every an exclusive list. We make this clear in passed. She has spent literally thou- child deserves, needs, and should the text of the bill. sands of hours, both in the State of have—and that is a loving home and Let me read the rule of construction Ohio and here in Washington, working someone to love that child. from the bill H.R. 867: on this triumph today. The bill that is I think we can and we must do bet- (c) Rule of Construction—Nothing in this about to be passed today is a great ter. With the bill we pass today, we say part shall be construed as precluding State credit to her fine work. plainly and simply that there are cases courts from exercising their discretion to I thank all these individuals. They in which reasonable efforts are not re- protect the health and safety of children in all deserve the gratitude of anyone who quired to reunite innocent children individual cases, including cases other than cares about our children. with dangerous adults. With the bill we those described in section 471(a)(15)(D). Mr. President, you will notice and pass today, we will truly save lives. ‘‘Nothing in this part shall be con- Members of the Senate will notice I This historic change took a great strued as precluding State courts from said a moment ago we have crafted the deal of effort and consensus building. It exercising their discretion to protect beginnings of a solution. It is that, it is is a good day’s work and a good start

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12671 at fixing America’s No. 1 challenge— At the heart of the recent debate parents. In such severe cases, this bill protecting and rescuing our young peo- about the best policy for adoption and would require that a permanency hear- ple. child welfare, dozens of complex ques- ing be held within 30 days. In the case Mr. President, I thank the Chair and tions have been raised about how Fed- of an abandoned infant where reason- thank the Members of the Senate. eral taxpayer dollars should be spent able efforts have been waived to re- I yield the floor. and who is worthy of receiving them. unite the family, that child could be Mr. ROCKEFELLER. Mr. President, I As we struggle with these difficult moved into a safe and permanent home am proud and pleased to be part of the issues, which often pit social against in a month’s time. successful effort to pass the Adoption fiscal responsibility, I keep returning While this legislation appropriately and Safe Families Act of 1997. Having to the same fundamental lesson I have preserves current Federal requirements worked to achieve the objectives of learned from the families with whom I to reunify families when that is best this bill for many years, I am very have spoken over the years: If we can- for the child, it does not require the grateful to everyone involved in reach- not build social policy that effectively States to use reasonable efforts to re- ing today’s result—the final passage of protects our children, we have failed to unify families that have been irrep- a significant bill that will help chil- do our job as a government and a soci- arably broken by abandonment, tor- dren and families in true need across ety. ture, physical abuse, murder, man- the country for many years to come. I would like to take this opportunity slaughter, and sexual assault. In cases This legislation is the culmination of to thank my friends and colleagues, where children should not be reunited extensive bipartisan negotiations be- JOHN CHAFEE and LARRY CRAIG for with their biological families, the tween the House and Senate over the their unflagging leadership in bringing Adoption and Safe Families Act of 1997 course of this year to enact the most the legislation this far. My partnership requires that the States use the same effective ways to ensure the health, with Senator CHAFEE on children’s reasonable efforts to move children to- safety, and stability of America’s most issues is one of the most fulfilling as- ward adoption or another permanent vulnerable population: abused and ne- pects of my legislative work, and I placement consistent with a well glected children. The product of in- thank him for his leadership. Senator thought-out and well-mentioned per- tense debate and sometimes difficult CRAIG also provided tremendous help manency plan. concessions on all sides, this bill has and fortitude in achieving the final In addition, the act encourages adop- emerged as a positive first step in fix- consensus and action needed to produce tions by rewarding States that increase ing our Nation’s broken child welfare results. There have been a series of pre- adoptions with bonuses for foster care system. At the same time this process mature reports about the collapse of and special-needs children who are has demonstrated the undeniable bene- negotiations. Without their efforts and placed in adoptive homes. Most signifi- fits of bipartisan cooperation and com- the rest of our bipartisan coalition, the cantly, the legislation takes the essen- promise, it has also highlighted the naysayers might have triumphed over tial first step of ensuring ongoing mountain of work still left to be done the needs of almost a half a million health coverage for all special-needs on behalf of abused and neglected chil- children in foster care. children who are adopted. Without this dren. In that regard, I hope the Adop- I would also like to share my sincere essential health coverage, many fami- tion and Safe Families Act of 1997 will appreciation with the other Members lies who want to adopt children with a be a cornerstone for future efforts on of the Senate adoption working group range of physical and mental health behalf of abused and neglected chil- who have worked so hard to create a issues, would be unable to do so. I am dren, especially those children whose solid bipartisan package: Senators JEF- delighted to see that medical coverage, special needs present formidable bar- FORDS, DEWINE, COATS, BOND, LAN- which has always been a vital part of riers to their safe adoptive placement. DRIEU, LEVIN, MOYNIHAN, KERREY, and any program that substantively helps The Adoption and Safe Families Act DORGAN. I would also like to acknowl- children, is also a key component of of 1997 is most significant in its focus edge the work of Finance chairman, this bipartisan package. on moving children out of foster care Senator ROTH, who has made it pos- and into adoptive and other positive, sible for the Adoption and Safe Fami- Ensuring safety for abused and ne- permanent placements. If American lies Act of 1997 to become a reality. glected children is another significant child welfare policy does not succeed in I also want to pay special tribute to goal of this legislation. The Adoption providing a real sense of belonging and the First Lady, Mrs. Clinton, for her and Safe Families Act of 1997 seeks to identity to children living in the foster longstanding and intense dedication to accomplish this goal by ensuring that care system, we will be denying these the goals pursued in this legislation. the safety of the child is considered at young people the fundamental supports She has told me of the public’s deep every stage of the child’s case plan and they need to become satisfied and car- concern for children who are barred review process. Moreover, the bill re- ing adults. It would be a tragedy to from becoming part of permanent, lov- quires criminal background checks for write these children off as a lost gen- ing families. Her interest and encour- all potential foster and adoptive par- eration, just another group of children agement have been invaluable to me ents. from broken homes and a broken sys- and to others involved in this effort, The legislation also substantially tem who just didn’t get enough support and I know she will help ensure the ad- cuts the time a child must wait to be to make a difference. ministration’s commitment to turning legally available for adoption into a In my role as chairman of the Na- this new law into reality. permanent home by requiring States to tional Commission on Children, I had The Adoption and Safe Families Act file a petition for termination of paren- the unique opportunity to travel across of 1997 will fundamentally shift the tal rights for a child who has been the country and speak with hundreds of focus of the foster care system by in- waiting too long in a foster care place- children, parents, and caregivers about sisting that health and safety should ment. At the same time that it speeds how to effectively address their most be the paramount considerations when adoptions where appropriate, it also basic needs and about how the Govern- a State makes any decision concerning gives States the discretion to choose ment can help to foster their most fun- the well-being of an abused and ne- not to initiate legal proceedings when damental aspirations. Because of that glected child. This legislation is de- a child is safely placed with a relative, commission, I spent a day in LA juve- signed to move children out of foster where there is a compelling reason not nile court and saw the system at its care and into adoptive and other per- to go forward, or where appropriate worst, overwhelmed and ineffectively manent homes more quickly and more services have not been provided in ac- serving children. But I also met a dedi- safely than ever before. For the first cordance with the child’s permanency cated advocate, Nancy Daly, and she time, this legislation requires States to plan. introduced me to the Independent Liv- use reasonable efforts to move eligible At the same time that this bill im- ing Program and other efforts that can foster children toward adoption by in- poses tough but effective measures to work to serve children. We’ve stayed in troducing a new fast-track provision decrease a child’s unnecessary wait in touch, working on these issues to- for children who have been subjected to foster care, it reauthorizes and pro- gether ever since. severe abuse and other crimes by their vides $60 million in increased funding

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12672 CONGRESSIONAL RECORD — SENATE November 13, 1997 for community-based family support aging States to increase adoptions, the dren, break down geographic restric- and court improvements over the next current system rewards long-term fos- tions facing adoptive families, and en- 3 years, collectively referred to as the ter care arrangements. courage creative adoptive efforts and ‘‘Promoting Safe and Stable Families Jennifer Toth described in her book outreach. Program.’’ As part of a balanced bipar- ‘‘Orphans of the Living,’’ that children One of the problems we as legislators tisan package, these programs will sup- are ‘‘consigned to the substitute child have experienced has been that inad- port a range of fundamental State serv- care system, a chaotic prison-like sys- equate statistics are not kept; we don’t ices to help children and families and tem intended to raise children whose have good enough statistics to under- to provide necessary services to adop- parents and relatives cannot or will stand how States are performing with tive families. This legislation also not care for them.’’ She also wrote, their child care system. The data is too takes care to assure that children who ‘‘The children in substitute child care sparse and States can’t tell us how have gone through adoptions that have today have all suffered trauma. They many children they actually have in been disrupted or whose adoptive par- are all at greater risk than the general their care, or how long they have been ents die will remain eligible for Fed- child population. Yet they are given there. When the situation is that way, eral support. less care, when they need more care.’’ Mr. President, some children can be For West Virginia, and every State, In Iowa, we have an organization lost in the system. So our bill is requir- this legislation means positive change. called the Iowa Citizens Foster Care ing States to report critical statistics. Our State currently has about 3,000 Review Board. They had a project of Children will be identified and their children in foster care. Under this new asking children in foster care and kids lives will be personalized to those re- legislation, the emphasis will shift the who were waiting to be adopted what sponsible for them. The status quo will primary focus to their health and safe- they would like to tell us and the rest not be able to hide behind the lack of ty and to finding them a stable, perma- of the world. I could give lots of quotes, information excuse. We have run into nent home. Throughout these debates, but these are examples from two of the that when dealing with this legislation. I have listened to West Virginia lead- children. ‘‘Don’t leave us in foster care Currently, the Federal Government ers, including Chief Justice Margaret so long.’’ ‘‘Check on us frequently does not require that States actively Workman, who testified before the while we’re in foster care to ask us how seek adoptive homes for all ‘‘free-to-be- Senate Finance Committee, and Joan we’re doing and make sure we are adopted’’ children, who often are as- Ohl, our West Virginia Secretary of safe.’’ ‘‘Tell us what’s going on so we signed to long-term foster care. This Health and Human Resources. I have don’t have to guess. Tell us how long it bill, however, compels States to make visited agencies in my State that pro- will be before we’re adopted and why reasonable efforts to place a child in a vide the full range of services from things seem to take so long.’’ permanent adoptive home. Long-term family supports to adoption, and I have Children need to know that they foster care should never be a solution been in touch with social workers and have permanency, which means suc- for any kid. families. I know that the provisions of cessful, healthy reunification with In most States, children are being de- this legislation will challenge my their birth families or permanency in nied permanency because of the artifi- State, but I am equally confident that an adoptive home. cial barrier of geography. This bill will its leaders are ready to make the nec- A happy, permanent home life pro- break down the geographic barriers to essary changes to do more for the thou- vides more than just a safe haven for adoption—prohibiting discrimination sands of children in West Virginia who kids; it gives kids confidence to grow against out-of-State adoptive fami- are depending upon us. into positive contributors to our soci- lies—allowing more children to find I am pleased to have been a part of ety. permanent families. this tremendous effort on behalf of In the United States, at least a half There is a mismatch between the lo- abused and neglected children, and am million children are not living in per- cation of children free to be adopted hopeful that the Adoption and Safe manent homes. While waiting for adop- and families willing to adopt. Above Families Act of 1997 will bring about tion or a safe return to their natural all, these children need loving homes, real and positive improvements in the families, too many kids live out their and no State line should get in the way lives of the half a million American entire childhoods in the foster care sys- of their well-being. children living in foster care. tem. The bill establishes for foster and Mr. GRASSLEY. Mr. President, since Sadly, it often turns into an lonely, pre-adoptive parents the right to be the Senator from Indiana is in the even futile transition. There is a short given notice of hearings and the right chair, I want to compliment Senator window of opportunity to do something to testify on behalf of the children in COATS for his involvement in this legis- about this with each and every kid, and their care. How could anyone ever want lation. He had a very important role in each and every kid is a little different to leave these people out of the proc- this adoption and foster care legisla- in this regard. If this window of oppor- ess? tion. I know the bill contains key parts tunity is missed, a child can leave the These parents have been in charge of in which he was interested. Senator foster care system a legal orphan—as the children 24 hours a day, 7 days a COATS was very much a part of this an adult—having gone through their week. They are the ones in the best po- being a successful product. entire childhood never having perma- sition to know the problems that these Confronting the issues for children in nency—never having a place that they children might have and can represent foster care, is uncomfortable, almost can call home. the children’s concerns. It is an impor- painful. But the foster care system is More needs to be done to dispel the tant change to make as we seek to bet- in crisis and children are suffering. We myth that some kids are unadoptable. ter represent the children’s best inter- are compelled to confront these prob- I have had people right here in Wash- ests. lems. ington, DC, tell me that some kids are The Federal Government plays a sig- Foster care is a complicated entitle- not adoptable. No kid is unadoptable. nificant role in child welfare by pro- ment program. While the issues are The only problem is that we just viding funds to States and attaching complex, so are the solutions. Today haven’t found a home for them yet. conditions to those funds. The single we are getting what we are paying for. I support the Adoption and Safe largest category of Federal expenditure It is not such a good situation, because Families Act because it takes the ini- under the child welfare programs is for what we are getting is long-term foster tial, necessary steps toward real re- maintaining low-income foster care care—not permanency for these kids. form. For the first time in 17 years, children. To receive Federal funds, Foster care was set up to be a tem- this body has strived to address the States must comply with the require- porary emergency situation for kids. pain and suffering of these children. A ments of this bill, and States will be The foster care system now is a life- cornerstone has been laid upon which penalized for noncompliance. We are style for so many of them. The Federal future adjustments can be made and re- sick and tired of kids being kept in the Government continues to pour billions forms can be built. foster care system because there is of dollars into a system that lacks gen- The bill will ensure health care cov- money that comes from the Federal uine accountability. Instead of encour- erage for adopted special needs chil- Government for those kids. There is an

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12673 incentive—a monetary incentive—not and neglect by their own parents and, birth parents, relatives, foster families to move these children toward perma- for many, they experience systemic and adoptive parents—it makes clear nency. abuse by languishing in long-term fos- that the focus must always be on the I am pleased with the provisions in ter care. child’s health and safety. this bill which emphasizes adoption The Congressional Research Service In addition to this general rule, the promotion and support services in the stated, ‘‘Children are vulnerable, and bill provides that the ‘‘reasonable ef- Family Preservation and Support Serv- their well-being is affected by condi- forts’’ requirement does not apply ices Act. tions beyond their control.’’ But their where there are aggravated cir- To help ensure that new adoptive well-being is not beyond our control. cumstances such as abandonment, tor- families are healthy and stay together, These children depend on sound Fed- ture, chronic abuse or sexual abuse. the bill provides post-adoptive services eral policy that promotes permanency. This is not a comprehensive list; we’ve and respite care. It is a proven ap- Together with those on the front lines, tried to make clear that states have proach. we can make this policy work. the power to suspend the requirement In States where post-adoption serv- Congress has said that long-term fos- for other aggravated circumstances ices are offered, the number of adoptive ter care should never be a solution for that jeopardize the health and safety of families that have trouble staying to- a child who needs a home. It takes the the child. gether is significantly lower. critical first steps toward complete re- Mr. President, these critical reforms I congratulate the Members for their form of a broken-down system, and it will help save the lives of children. efforts on this issue and commend the lays the cornerstone for continued im- That’s probably the most important authors of this monumental piece of provement on behalf of tens of thou- goal of the Adoption and Safe Families legislation. One person that hasn’t got- sand of children left in limbo each year Act. But it’s not the only goal; other ten much attention—and he played a in the foster care system. reforms in the bill are aimed at encour- very important role in this process—is Foster care is a poor parent. A lov- aging adoption and helping to move Senator ROTH, the chairman of the ing, committed family is the best gift children through the foster care sys- Senate Finance Committee. He was in- that we can give to any child. tem and into permanent, loving homes. strumental in forging an agreement I yield the floor. For instance, for the first time, steps with members so that this bill could Mr. CRAIG. Mr. President, with the will have to be taken to free a child for pass, as it will tonight. His guidance Senate’s vote today on ‘‘The Adoption adoption or other permanent place- and insight were critical to the bill’s and Safe Families Act,’’ we are sending ment once the child has been in foster success. the President a landmark reform of the care for fifteen months or more. In Today, we begin to dramatically nation’s foster care system and a bill cases of severe abuse, when ‘‘reason- change the culture surrounding adop- that will make an enormous difference able efforts’’ are not appropriate, this tion. We begin the education process. in the lives of many children in Amer- bill establishes a new expedited proc- We begin by dismissing the dehuman- ica. ess, requiring a permanency planning izing myth surrounding special-needs Every child deserves a safe, loving, hearing to be held within 30 days. For children. These children deserve per- permanent family. For a lot of us, it’s the first time, states will be required manent homes, too. These children are inconceivable that this most basic need to use ‘‘reasonable efforts’’ to place a precious, and all children in need of is out of reach for hundreds of thou- child for adoption, if returning the permanent homes are adoptable. sands of children across the nation. Al- child to the family is not an option. I have been impressed by the compas- though we’ve tried to provide a safety For the first time, those efforts must sion of those who adopt these special net to protect children at risk of abuse be documented. children. They are gifted and they or neglect, that safety net is failing all We were particularly concerned ought to inspire all of us to be more too many children. The problem does about helping make adoption more concerned about kids in need. We know not lie with the vast majority of foster likely for foster children with ‘‘special that more families are willing to adopt parents, relatives and caseworkers who needs.’’ These are children who, by def- children, including those with the most work valiantly to provide the care inition, are hard to place, perhaps be- challenging of circumstances. needed by these children. Rather, the cause they require special medical help Let’s build upon the cornerstone of problem is the system itself, and incen- or mental health services, or the like. this monumental bill. Even though we tives built into it. On one end, it’s al- This bill requires health insurance cov- will have passed this legislation, some lowing children to slip back into abu- erage for children with special needs, children will still remain hostages in sive homes; on the other end, it’s trap- which will make it more possible for an inefficient system. More reform is ping them in what was supposed to be families of all incomes to give these needed to help place more children in a ‘‘temporary’’ foster care, instead of children a home. safe, permanent home. moving them into permanent homes. This bill also provides states with fi- I am looking toward future years to The Adoption and Safe Families Act nancial rewards based on their success do more in the following areas. People of 1997 will bring more children home— in increasing adoptions. An even higher should know that CHUCK GRASSLEY, the to safe, permanent homes—and it will reward is provided for increasing the Senator from Iowa, is not done with bring them home faster. It will change adoptions of special needs children. changes in foster care and adoption at the culture of foster care with a num- The bill authorizes the Department of the Federal level. ber of fundamental reforms: Health and Human Services to provide First, we need to dramatically limit Currently, to obtain federal funds, technical assistance to states and lo- the time a child can legally spend in states are required to use ‘‘reasonable calities to promote adoption of foster foster care. The national average efforts’’ to keep families together. children. We’ve also highlighted adop- length of stay in foster care is 3 years. While that sounds like a goal we all tion promotion and support as services That is three birthdays, three Christ- can support, this requirement has re- funded by the Family Preservation mases, and that is going through the sulted in states using extraordinary ef- Program, which we have reauthorized first, second, and third grades, without forts to keep children in what may ac- for three years and renamed the ‘‘Pro- having a mom and dad. tually be abusive or unsafe situations. moting Adoptive, Safe and Stable Fam- Second, we need to remove financial Tragically, it’s the children who ulti- ilies’’ program. incentives to keep children in foster mately pay for mistakes when this We also attempted to address what care, and provide incentives for suc- happens—sometimes with their very many in the field have told us is a cess, not just for attempts to adopt. lives. major hindrance to adoption: geo- Currently, the system pays the same Our bill will change this. It requires graphic barriers. It’s my understanding rate per child per month without limi- that the child’s health and safety must that states are working independently tation. The Federal Government must be the paramount concerns in any deci- to resolve this problem. Our bill gives pay for performance. sions made by the state on behalf of them an additional push toward resolu- These children are the most vulner- that child. While the reforms in the bill tion, by providing that states risk los- able of all; their lives begin with abuse respect the rights of others—such as ing their federal payments if they deny

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12674 CONGRESSIONAL RECORD — SENATE November 13, 1997 or delay the placement of a child when Mr. DOMENICI. Mr. President, I gency payments. Had this bill been in an approved family is available outside would like to thank Senators ROTH, effect this year, New Mexico would their jurisdiction. We’ve also required CHAFEE, CRAIG, and ROCKEFELLER for have had to pay back almost all of a study and report to Congress on bringing this foster care and adoption their contingency grant. interjurisdictional adoption issues, so assistance bill to the floor. The economy in New Mexico is cur- that we can take additional actions in This bill contains a number of long rently doing better, unemployment is the future in this area, if necessary. overdue programmatic changes to down to 6.4 percent and the state does This bill makes a number of system strengthen the foster care system. not currently qualify for the contin- reforms aimed both at helping to ad- In addition, the bill provides more gency fund. But my state and many vance our goals and providing a foun- funds to reward states that increase other similar states are always vulner- dation for additional reforms in the fu- adoptions. These adoptions will pre- able. One plant closing can mean a sub- ture. clude children from having long, or stantial increase in unemployment and For instance, we’re requiring the even worse, permanent stays in state need. Secretary of Health and Human Serv- foster care systems. While $16 million with respect to the ices to work with state and local offi- To achieve this additional funding, Federal Budget does not sound like a cials, child advocates and others in de- the bill contains a discretionary spend- lot to many people, this is a substan- veloping performance measures and ing cap adjustment of $20 million per tial sum to New Mexico. $16 million publishing a report evaluating the ef- year for the years 1999 to 2002. represents over ten percent of New fectiveness of our child welfare pro- One could argue that this cap adjust- Mexico’s entire TANF grant. grams. This bill also requires HHS to ment would result in an increase in the In fact this offset would represent develop and recommend to Congress a deficit. However, the Congressional over a ten percent reduction in the system for basing federal assistance Budget Office estimates that spending TANF grant for 31 states and a cut of payments on performance. It allows from this incentive payment will re- over fifty percent for 6 states. child welfare agencies to use the Fed- duce mandatory foster care spending Further this grant reduction would eral Parent Locator Service to assist in by $25 million over the next 5 years. come at time when a state needs it the The bill also contains additional locating absent parents. It allows agen- most, when state coffers are under mandatory spending for family preser- cies to use concurrent planning—that pressure from an increase in unemploy- vation services. The Family Preserva- is, providing services to reunite or pre- ment. serve the family while simultaneously tion Program attempts to provide in- I understand that this bill enjoys recruiting adoptive parents, so that if tensive services to families at risk of broad support and that the bill on net the family cannot be preserved or re- having children removed from the contains important, necessary changes. united, the child will not have to wait home and put into foster care. I do not intend to hold it up today. This additional money would raise such a long time before moving into a I wish to enter into a colloquy with total funding for family preservation permanent home. Senator ROTH to formalize my under- services to $1.435 billion over the next 5 Before concluding, let me acknowl- standing that next year the Finance years or $80 million above the Presi- edge the hard work of a number of Committee will address this problem members in both the House and the dent’s request. I want to raise a couple concerns. and restore full funding to the contin- Senate, without which we wouldn’t First, there are a number of minor gency grant. have a bill today. Although we may Mr. DOMENICI. Mr. President, I Budget Act violations, like the cap ad- have started with fundamentally dif- would like to congratulate Senator justment. ferent views as to how best to change Second, and of greater concern, is an ROTH for bringing this foster care and the system, we were united—and driven offset for the additional Family Preser- adoption assistance bill to the floor. to resolve our differences—by the vation spending. The offset was con- The bill contains a number of long strong belief that reform is urgently ceived of and added at the last minute. overdue changes to the foster care sys- needed now. I am pleased to have had a I do not believe the policy was thought tem. However, the bill contains an off- part in the bipartisan Senate coalition out and the effects certainly are not set for new spending that would take that worked and re-worked this legisla- well known to this body. money out of the temporary assistance tion: Senator DEWINE, Senator CHAFEE, The offset would tap into the Tem- for needy families [TANF] contingency Senator ROCKEFELLER, Senator MOY- porary Assistance for Needy Families fund. It is my understanding that only NIHAN, Senator JEFFORDS, Senator [TANF] contingency fund and could un- those states that qualify for contin- COATS, Senator BOND, Senator LEVIN, fairly target small, poor states with gency payments would be affected by Senator NICKLES, and Senator GRASS- volatile unemployment rates. More- this offset. LEY. Special thanks must go to Chair- over, the offset would, perversely, take Mr. ROTH. Yes. That is true. States man ROTH of the Senate Finance Com- away funds from states when they are that qualify for payments in one year mittee, and his staff, who helped navi- needed the most. would pay back a prorated share in the gate the Senate bill to the floor and The contingency fund was a vital next. through the House. The Senate coali- part of making welfare reform work by Mr. DOMENICI. I am concerned that tion appreciated having excellent tech- increasing funds to states experiencing this repayment would target states nical assistance from Karen Spar of the increased unemployment or rising food that need the funding most: states with Congressional Research Service. I’d stamp caseloads. rising unemployment. like to thank the other cosponsors of The offset allows states to receive a Mr. ROTH. The Finance Committee the Senate PASS Act for their support: contingency grant payment in one is aware of that potential situation. We Senator DORGAN, Senator LANDRIEU, year, but then require that state to pay will monitor the situation and work Senator JOHNSON, Senator KERREY and back at least a portion in the next with you and the Administration to Senator MOSELEY-BRAUN. I also appre- year. make adjustments in the operation of ciate the efforts on the House side, led The repayment would be prorated the contingency fund if necessary. by Congressmen CAMP and KENNELLY, among the states that qualify in any Mr. DOMENICI. I thank the Senator and Chairman SHAW. given year. For example if five states very much. I look forward to an equi- Mr. President, these reforms will qualify for payments in the year 2000, table resolution in this matter. save lives and help move children out those states would split the $16 million Mr. JEFFORDS. Mr. President, the of foster care, faster, and into safe, per- required repayment in the year 2001. bill before us is a remarkable achieve- manent, loving homes. It’s the hope of However, the risk is that one state or ment. It not only represents a true bi- all who support this legislation that a handful of very small states will partisan effort to change a system that President Clinton will sign it into law qualify for contingency grant pay- too often becomes mired in bureauc- before the end of November—which, ap- ments and will be forced to pay back racy, but it also represents a signifi- propriately enough, is National Adop- the full amount. cant change in the way that system tion Month. Let’s bring these children This risk is justified. In 1997 only one works and what its goals should be. I home. state, New Mexico, qualified for contin- am very proud to have played a part in

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12675 negotiating a good bill, and I want to COATS, for insisting the Senate’s lan- gether—on a bipartisan basis—to de- commend, in particular, my colleagues guage remain intact. It makes good velop this legislation. I thank Senators Senator CHAFEE, Senator ROCKE- sense. CHAFEE, ROCKEFELLER, ROTH, CRAIG, FELLER, Senator COATS, and Senator Another hard-fought provision that JEFFORDS, KERREY, COATS, DEWINE, CRAIG for their hard work on this bill. the Senate can be very proud of pro- LANDRIEU, and the others who have I also want to thank Senator ROTH for vides that when a special needs child is played important roles in this effort. his efforts in negotiating this legisla- adopted—that is, one who is hard to This bill clarifies that the health and tion with our House counterparts. place because of a physical or mental safety of the child are to be the ‘‘para- This legislation will lead to an im- disability—then the state must ensure mount’’ concern when making the dif- provement in the services we provide that the child will have health insur- ficult decisions involved in the child to nearly 100,000 children in the foster ance coverage. Too many of these spe- welfare system and it contains several care system who are unable to return cial needs children have found that other ‘‘safety first’’ provisions, such as to their biological families because of when they are adopted, their access to requiring criminal records checks for threats to their health and safety. This health care disappears and the adoptive prospective adoptive and foster par- bill guarantee as never before that family must shoulder the entire finan- ents. The bill accelerates the process their health and safety will be the cial responsibility for the child. That for determining the permanent place- ‘‘paramount concern’’ at every step of can create a huge disincentive for an ment for a child in foster care, so that their stay in foster care, including in otherwise loving family to adopt a children do not spend years bouncing the development of their permanency child with a physical disability. Our among foster homes. H.R. 867 also pro- plan. It also assures that every effort bill says that when a child is adopted, motes adoption by providing states will be made to move children into he or she will have the health insur- with financial incentives to get chil- safe, permanent homes as quickly as ance needed to meet his or her needs. dren in foster care adopted, and by possible. That is a significant step, and, again, I breaking down health insurance and Why is this important? Too often, am pleased the Senate remained stead- geographic barriers to adoption. children languish in foster care for fast in its insistence on this provision. This legislation is an important step years—years—before they find a safe, Mr.. President, this bill is a victory forward in our efforts to help abused loving family. Many children, espe- for children and adoptive parents na- and neglected children. I am proud to cially those with special needs, often tionwide. There are more than 100,000 support it. never are placed with an adoptive fam- children awaiting adoption or other Mr. LOTT. I do want to say, Mr. ily. Those children grow up in the fos- permanent placements, and this bill is President, for the RECORD, and I note ter care system, never knowing the se- a good step toward moving many of Senator DASCHLE is also very inter- curity and warmth that a loving family them into safe, loving, permanent ested in this, that I am very pleased we provides. homes. were able to get this legislation To help ensure that the child’s safety Again, I extend my deepest thanks to through the whole process. There was a remains the paramount concern, this Senators CHAFEE, ROCKEFELLER, CRAIG, lot of work by Senators on both sides bill changes the focus on the way COATS, DEWINE, KERREY, and ROTH for of the aisle. I believe this will be one of states define the term ‘‘reasonable ef- their hard work on this bill. We have the two or three important bills we fort.’’ Too often, states have placed too been working to come to this agree- passed this year, because it will help much emphasis on returning a child to ment for months, and this bill is the with foster care and adoption. I com- his or her biological family, even when hard-fought result of those efforts. I mend all Senators. doing so may mean endangering the urge all my colleagues to give their Mr. DASCHLE. Mr. President, I con- child. This bill provides that states support to this legislation. cur in what the majority leader just should still make every attempt to Mr. MOYNIHAN. Mr. President, I rise said. This is an important issue to the keep families intact, but—and this is a today in support of H.R. 867, the Adop- administration. They called again this significant change in the current law— tion and Safe Families Act of 1997. This afternoon to confirm it was going to it also makes it very clear that there legislation promotes adoption and pass. are a number of circumstances in makes important reforms in foster Mr. LOTT. Mr. President, I move which a state does NOT have to make care. It includes provisions drawn from that the Senate concur in the amend- a reasonable effort to reunite a child two bills I co-sponsored earlier this ment of the House to the Senate with the biological family. For exam- year, S. 511 [the ‘‘SAFE’’ Act] and S. amendment. ple, if a parent has been found to have 1195 [the ‘‘PASS’’ Act]. We have been The PRESIDING OFFICER. The murdered another child in the family, able to work out bipartisan legislation question is on agreeing to the motion. or has subjected a child to chronic with two goals we all share—ensuring The motion was agreed to. abuse, it is unreasonable—and irra- the safety of children in the child wel- f tional—to insist that the state return fare system, and finding permanent that child to the family. That seems homes for as many children in foster AUTHORITY TO WAIVE CERTAIN like common sense, but, as we all care as possible. ENROLLMENT REQUIREMENTS know, the law doesn’t always lead to Children in the child welfare system, Mr. LOTT. Mr. President, I call up common sense conclusion. This legisla- victims of abuse and neglect, are House Joint Resolution 103, which is at tion clarifies this. among the most vulnerable in our soci- the desk. I also want to point out that this bill ety. Just this week, in my own state, The PRESIDING OFFICER. The requires, for the first time, states to we learned of another tragic death, clerk will report. implement procedures by which they that of little Sabrina Green. Sabrina, The legislative clerk read as follows: will perform criminal background nine years old, lived in the Bronx. A joint resolution (H.J. Res. 103) waiving checks on potential foster and adoptive After both her mother and her latest certain enrollment requirements with re- parents. I think the average citizen foster mother died, Sabrina went to spect to certain specified bills of the 105th would be very surprised to learn that live with her oldest sister, Yvette Congress. we do not currently require states to Green. After what appears to have been The PRESIDING OFFICER. Is there do such checks. While some states months of abuse—such as burning objection to the immediate consider- check prospective adoptive parents for Sabrina’s hand over a stove as punish- ation of the joint resolution? evidence of past criminal activity ment for taking food out of the refrig- There being no objection, the Senate which might indicate that it would be erator—she was found beaten to death. proceeded to consider the joint resolu- dangerous to place a child in their Her sister and her sister’s boyfriend tion. care, most states do not. This bill have been accused of this crime. Mr. LOTT. Mr. President, I ask unan- would change that situation. The origi- We owe it to these abused and ne- imous consent that the resolution be nal House bill did not contain this pro- glected children to do our best on their considered agreed to, and that the mo- vision, and I want to commend the behalf. And I am encouraged that a tion to reconsider be laid upon the Senate conferees, especially Senator group of our colleagues has worked to- table.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12676 CONGRESSIONAL RECORD — SENATE November 13, 1997 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The first session of the One Hundred Fifth Con- objection, it is so ordered. clerk will report. gress. The joint resolution (H.J. Res. 103) The legislative clerk read as follows: Mr. LOTT. Mr. President, I would was agreed to. A joint resolution (S.J. Res. 39) to provide like to note at this point in the RECORD f for the convening of the second session of the that on occasion we do make use of the One Hundred Fifth Congress. Vice President’s office across the hall. AUTHORITY TO MAKE CERTAIN He is unfailingly cooperative in mak- APPOINTMENTS AFTER SINE DIE The PRESIDING OFFICER. Is there ing it available to Senators on both ADJOURNMENT objection to the immediate consideration of the joint resolution? sides of the aisle. And it has been a Mr. LOTT. Mr. President, I now call There being no objection, the Senate pleasure working with the Vice Presi- up Senate Resolution 156, which is at proceeded to consider the joint resolu- dent in his role in presiding over the the desk. tion. Senate this year. The legislative clerk read as follows: Mr. LOTT. Mr. President, I ask unan- f A resolution (S. Res. 156) authorizing the imous consent that the joint resolution TENDERING THE THANKS OF THE President of the Senate, the President of the be considered read the third time and Senate pro tempore, and the majority and SENATE TO THE PRESIDENT PRO minority leaders to make certain appoint- passed, and the motion to reconsider be TEMPORE ments after sine die adjournment. laid upon the table. The PRESIDING OFFICER. Without Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. Is there imous consent that the Senate now objection to the immediate consider- objection, it is so ordered. The joint resolution (S.J. Res. 39) proceed to Senate resolution 158, intro- ation of the resolution? duced earlier today. There being no objection, the Senate considered read the third time and passed, as follows: The PRESIDING OFFICER. The proceeded to consider the resolution. clerk will report. Mr. LOTT. Mr. President, I ask unan- S.J. RES. 39 The legislative clerk read as follows: imous consent that the resolution be Resolved by the Senate and House of Rep- A resolution (S. Res. 158) tendering the agreed to, and that the motion to re- resentatives of the United States of America in thanks of the Senate to the President pro consider be laid upon the table. Congress Assembled, That the second regular tempore for the courteous, dignified, and im- The PRESIDING OFFICER. Without session of the One Hundred Fifth Congress partial manner in which he has presided over objection, it is so ordered. shall begin at noon on Tuesday, January 27, the deliberations of the Senate. 1998. The resolution (S. Res. 156) was The PRESIDING OFFICER. Is there agreed to, as follows: SEC. 2. Prior to the convening of the second regular session of the One Hundred Fifth objection to the immediate consider- S. RES. 156 Congress on January 27, 1998, as provided in ation of the resolution? Resolved, That notwithstanding the sine the first section of this joint resolution, Con- There being no objection, the Senate die adjournment of the present session of the gress shall reassemble at noon on the second proceeded to consider the resolution. Congress, the President of the Senate, the day after its Members are notified in accord- Mr. LOTT. Mr. President, I ask unan- President of the Senate pro tempore, the Ma- ance with section 3 of this joint resolution. jority Leader of the Senate, and the Minor- imous consent that the resolution be SEC. 3. The Speaker of the House and the agreed to, and the motion to reconsider ity Leader of the Senate be, and they are Majority Leader of the Senate, acting jointly hereby, authorized to make appointments to after consultation with the Minority Leader be laid upon the table. commissions, committees, boards, con- of the House and the Minority Leader of the The PRESIDING OFFICER. Without ferences, or interparliamentary conferences Senate, shall notify the Members of the objection, it is so ordered. authorized by law, by concurrent action of House and Senate, respectively, to assemble The resolution (S. Res. 158) was the two Houses, or by order of the Senate. whenever, in their opinion, the public inter- agreed to, as follows: f est shall warrant it. S. RES. 158 PROVIDING FOR A JOINT SESSION f Resolved, That the thanks of the Senate are OF CONGRESS TO RECEIVE A THANKS OF THE SENATE TO THE hereby tendered to the Honorable Strom Thurmond, President pro tempore of the MESSAGE FROM THE PRESIDENT VICE PRESIDENT ON THE STATE OF THE UNION Senate, for the courteous, dignified, and im- Mr. LOTT. Mr. President, I ask unan- partial manner in which he has presided over Mr. LOTT. Mr. President, I now call imous consent that the Senate now its deliberations during the first session of up House Concurrent Resolution 194 proceed to Senate Resolution 157 intro- the One Hundred Fifth Congress. which is at the desk. duced earlier today. Mr. DASCHLE addressed the Chair. The PRESIDING OFFICER. The The PRESIDING OFFICER. The The PRESIDING OFFICER. The clerk will report. Democratic leader. The legislative clerk read as follows: clerk will report. The legislative clerk read as follows: Mr. DASCHLE. Mr. President, I just A concurrent resolution (H. Con. Res. 194) want to call attention to this resolu- providing for a joint session of Congress to A resolution (S. Res. 157) tendering the receive a message from the President on the thanks of the Senate to the Vice President tion. I think the President pro tempore State of the Union. for the courteous, dignified, and impartial deserves the accolades, the attention The PRESIDING OFFICER. Is there manner in which he has presided over the de- that this resolution provides. Many of liberations of the Senate. objection to the immediate consider- us have watched with great admiration ation of the concurrent resolution? The PRESIDING OFFICER. Is there as he has conducted his responsibilities There being no objection, the Senate objection to the immediate consider- as President pro tempore. He has been proceeded to consider the concurrent ation of the resolution? doing it now for over 100 years. resolution. There being no objection, the Senate (Laughter.) Mr. LOTT. Mr. President, I ask unan- proceeded to consider the resolution. And we are just grateful that he con- imous consent that the concurrent res- Mr. LOTT. Mr. President, I ask unan- tinues to do it with such aplomb. We olution be agreed to, and the motion to imous consent that the resolution be thank him and we appreciate, as the reconsider be laid upon the table. agreed to, and the motion to reconsider resolution notes, his ‘‘courteous, dig- The PRESIDING OFFICER. Without be laid upon the table. nified, and [extraordinarily] impartial’’ objection, it is so ordered. The PRESIDING OFFICER. Without approaches to his responsibilities. And The concurrent resolution (H. Con. objection, it is so ordered. we thank him for that. Res. 194) was agreed to. The resolution (S. Res. 157) was Mr. LOTT addressed the Chair. f agreed to, as follows: The PRESIDING OFFICER. The majority leader is recognized. S. RES. 157 PROVIDING FOR THE CONVENING Mr. LOTT. Mr. President, I want to Resolved, That the thanks of the Senate are OF THE 2d SESSION OF THE 105th thank Senator DASCHLE for his com- CONGRESS hereby tendered to the Honorable Al Gore, Vice President of the United States and ments and the accuracy of the years of Mr. LOTT. Mr. President, I now call President of the Senate, for the courteous, service. I note that the President pro up Senate joint resolution 39, which is dignified, and impartial manner in which he tempore is working now as we are com- at the desk. has presided over its deliberations during the mending him. He is diligently tending

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12677 to his duties as the real leader of the S. RES. 159 The PRESIDING OFFICER. The Senate. Resolved, That the thanks of the Senate are clerk will read the bill for the first I want to note also that throughout hereby tendered to the distinguished Demo- time. the year, whether we have come in cratic Leader, the Senator from South Da- The legislative clerk read as follows: kota, the Honorable Thomas A. Daschle, for early or the middle of the day, what- A bill (S. 1530) to resolve ongoing tobacco his exemplary leadership and the cooperative ever it might be, he was unfailingly litigation, to reform the civil justice system and dedicated manner in which he has per- responsible for adjudicating tort claims waiting at the door, ready to call the formed his leadership responsibilities in the against companies that manufacture tobacco Senate to order, and a couple times in- conduct of the Senate business during the products, and establish a national tobacco structed the younger Member—the ma- first session of the 105th Congress. jority leader—that I was cutting it policy for the United States that will de- f crease youth tobacco use and reduce the mighty close and we needed to start COMMENDING THE EXEMPLARY marketing of tobacco products to young right on time. We were supposed to Americans. start at 9 or 9:30, and he expected me to LEADERSHIP OF THE MAJORITY Mr. LOTT. I now ask for its second be present and accounted for. LEADER reading, and I would object to my own But I want to join Senator DASCHLE Mr. DASCHLE. I ask unanimous con- request on behalf of the other side of in expressing my admiration and great sent the Senate now proceed to the the aisle. appreciation to Senator THURMOND, for Senate Resolution 160, introduced ear- The PRESIDING OFFICER. The ob- the tremendous job he does for his peo- lier today. jection is heard. ple in South Carolina and what a credit The PRESIDING OFFICER. The The bill will be read the second time he is to the Senate and what a great clerk will report. on the next legislative day. job he does for our country. The legislative clerk read as follows: Mr. THURMOND addressed the Chair. A resolution (S. Res. 160) to commend the f The PRESIDING OFFICER. The Sen- exemplary leadership of the majority leader. ator from South Carolina. The PRESIDING OFFICER. Is there ORDERS FOR COMMITTEES TO Mr. THURMOND. I want to express objection to the immediate consider- FILE REPORTED ITEMS my deep appreciation to the majority ation of the resolution? Mr. LOTT. I ask unanimous consent leader and the minority leader. In a There being no objection, the Senate committees have from the hours of 10 few minutes, I will have a few words to proceeded to consider the resolution. a.m. to 2 p.m. in order to file legisla- say about them. Mr. DASCHLE. Mr. President, I am tive or executive reported items on the f very grateful for the generous remarks following dates: December 3, January 6, of the distinguished majority leader. I, and January 16. COMMENDING THE EXEMPLARY too, have enjoyed this relationship, and LEADERSHIP OF THE DEMO- The PRESIDING OFFICER. Without I believe over the long run this has objection, it is so ordered. CRATIC LEADER been a very productive one. We have Mr. LOTT. Mr. President, I ask unan- been able to do a number of things that f imous consent the Senate now proceed I look back on with great satisfaction EXECUTIVE SESSION to Senate Resolution 159, introduced and great pride. I think there are more earlier today. opportunities like that, and I know the The PRESIDING OFFICER. The majority leader shares our view that in EXECUTIVE CALENDAR clerk will report. the end we have to govern. The legislative clerk read as follows: There is a time for politics and there Mr. LOTT. I ask unanimous consent A resolution (S. Res. 159) to commend the is a time for leadership. I believe he the Senate go into executive session exemplary leadership of the Democratic has demonstrated very able leadership and immediately proceed en bloc to the leader. on many occasions; some courage, as following nominations on the Execu- The PRESIDING OFFICER. Is there well. He has addressed the many re- tive Calendar: No. 327, No. 350, No. 386 objection to the immediate consider- sponsibilities that he holds. I look for- and No. 465. I further ask unanimous ation of the resolution? ward to working with him in the sec- consent that the Senate proceed en There being no objection, the Senate ond session of the 105th Congress and bloc to the consideration of two nomi- proceeded to consider the resolution. appreciate very much his friendship nations reported by the Armed Serv- Mr. LOTT. Mr. President, I will take and the relationship we have had. ices Committee today. a moment here to say I do enjoy and Mr. LOTT. Mr. President, I thank I ask unanimous consent that the appreciate the relationship that I have Senator DASCHLE for his comments. nominations be confirmed en bloc, the with the Democratic leader. We have Mr. DASCHLE. I ask unanimous con- motion to reconsider be laid on the developed a relationship that is based sent the resolution be agreed to and table, and any statements appear in on trust. Our word has been good to the motion to reconsider be laid upon the RECORD, the President be imme- each other. While on occasion we dis- the table. diately notified of the Senate’s action, agree on substance and sometimes we The PRESIDING OFFICER. Without and the Senate then return to legisla- are a bit testy in our remarks, I think objection, it is so ordered. tive session. overall over the past year and a half The resolution (S.Res. 160) was The PRESIDING OFFICER. Without since I have had the honor of serving as agreed to. objection, it is so ordered. a majority leader our relationship has The resolution is as follows: The nominations considered and con- been a healthy one and good for the S. RES. 160 firmed en bloc are as follows: overall atmosphere in the Senate and I Resolved, That the thanks of the Senate are DEPARTMENT OF JUSTICE hope we can continue that relationship hereby tendered to the distinguished Major- Raymond C. Fisher, of California, to be As- as we go into the second session of the ity Leader, the Senator from Mississippi, the sociate Attorney General. Honorable Trent Lott, for his exemplary 105th Congress. EXECUTIVE OFFICE OF THE PRESIDENT Mr. DASCHLE. I thank the majority leadership and the cooperative and dedicated manner in which he has performed his lead- Rita D. Hayes, of South Carolina, to be leader. ership responsibilities in the conduct of Sen- Deputy United States Trade Representative, Mr. LOTT. I ask unanimous consent ate business during the first session of the with the rank of Ambassador. the resolution be agreed to and the mo- 105th Congress. DEPARTMENT OF HOUSING AND URBAN tion to reconsider be laid upon the f DEVELOPMENT table, if there is not objection by the Gail W. Laster, of New York, to be General Democratic leader MEASURE READ THE FIRST Counsel of the Department of Housing and The PRESIDING OFFICER. Without TIME—S. 1530 Urban Development. objection, it is so ordered. Mr. LOTT. Mr. President, I under- THE JUDICIARY The resolution (S. Res 159) was stand S. 1530, which was introduced Lynn S. Adelman, of Wisconsin, to be agreed to. early today by Senator HATCH, is at the United States District Judge for the Eastern The resolution is as follows: desk, and I ask for its first reading. District of Wisconsin.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12678 CONGRESSIONAL RECORD — SENATE November 13, 1997 DEPARTMENT OF DEFENSE committee that Senator KOHL and I es- Mr. LOTT. Mr. President, I note— William J. Lynn, III, of the District of Co- tablished to review potential nominees while I don’t have the exact numbers lumbia, to be Under Secretary of Defense for Wisconsin’s federal bench. I am here before me, I will insert in the (Comptroller). pleased that the full Senate, having RECORD later the numbers that are in- NAVY had an opportunity to review Lynn volved—during the first session of the The following named officer for appoint- Adelman’s record and to hear from him 105th Congress we have now confirmed ment in the United States Navy to the grade directly when he testified before the over 3,500 civilian nominations, both indicated under title 10, U.S.C., section 624: Senate Committee on the Judiciary, judicial and other executive branch To be rear admiral (lower half) has reached the same conclusion that nominations. That does not include Capt. Henry G. Ulrich, III Senator KOHL, President Clinton, Gov- military nominations. The total num- STATEMENT ON THE NOMINATION OF LYNN ernor Thompson, people all across Wis- ber, I think, comes to over 20,000 nomi- ADELMAN TO U.S. DISTRICT COURT consin and I have reached. That being nations that we have confirmed during Mr. KOHL. Mr. President, let me that Lynn Adelman will be an exem- the first year of the 105th session of take this opportunity to tell you why plary federal judge. Congress. Lynn Adelman, the President’s nomi- Lynn Adelman was born in Mil- Mr. DASCHLE. Mr. President, if I nee for the U.S. District Court for the waukee and is a graduate of Princeton could just comment on that, as well. Eastern District of Wisconsin, is such a University and Columbia Law School. I want to thank the majority leader fine choice to fill the vacancy created He graduated cum laude from both of for his virtually tireless effort, over when Judge Curran took senior status. these excellent institutions. After a the last couple of days in particular, to First, Lynn Adelman has a record of brief period working in New York, clear the Executive Calendar. We had Lynn returned his native Wisconsin unquestioned skill and unequaled expe- at one point well over 100 nominations and began what to this day has been a rience in his 30 years of practice. His pending on the calendar and we have it career of dedicated public service to dedication, hard work and intelligence down now to just a handful. That would the people of our State. Lynn worked has been displayed in both civil and not have happened without his effort. in private practice in Wisconsin begin- criminal cases, before the Wisconsin None of these are easy. Some are easier ning in 1972 and continues to do so Supreme Court and before the Supreme than others. I wish we could have done Court of the United States. today. In 1977, Lynn was elected to the Wis- them all. In some cases it is a responsi- Second, Lynn Adelman has spent a bility of those on this side for not hav- life devoted to public service. He has consin State Senate for the 28th Dis- trict. In the twenty years that he has ing been able to address some of these dedicated a great deal of his profes- nominations. sional time to disadvantaged clients. represented the 28th District, he has been a leading voice in the Wisconsin I appreciate very much the effort And, rather than pursue his private made by the majority leader in the last practice full-time, he has simulta- Legislature. I had the distinct honor of serving with Lynn for ten years while I couple of days to successfully complete neously served in public office. As a the work of Executive Calendar. I State senator for 20 years, much of the was a Wisconsin State Senator and worked with him on the Judiciary think, by and large because of his ef- time serving as chairman of the Judici- Committee, which he has chaired on forts, we have done so. ary Committee, he has championed the two occasions. f causes of families, crime victims and Lynn Adelman’s legislative record LEGISLATIVE SESSION government accountability. and commitment to the people of his Based on this outstanding record, district and the State of Wisconsin has The PRESIDING OFFICER. Under Lynn Adelman received high marks earned him bi-partisan praise. In fact, the previous order, the Senate will re- from the nonpartisan commission that Republican Governor Tommy Thomp- sume legislative session. Senator FEINGOLD and I established son, writing in support of this nominee, f with the State Bar. And his nomina- characterized Lynn Adelman as ORDER OF PROCEDURE tion has bipartisan support, including ‘‘. . .thoughtful, fair and open-mind- the endorsement of Wisconsin’s Repub- ed. . .’’ The Governor has also noted Mr. LOTT. Mr. President, there are a lican Governor, Tommy Thompson. Al- how he and Lynn have worked hand in couple of matters yet to be completed though they have not always seen eye hand to ensure the passage of impor- tonight, including the Amtrak reform to eye, Governor Thompson wrote that tant legislation ranging from anti- package that should be coming mo- Lynn is ‘‘thoughtful, fair and open- crime and anti-drug legislation to wel- mentarily from the House. Senator minded’’ as well as someone who ‘‘is fare reform. This bi-partisan praise is a DASCHLE and I want to notify the sensitive to and has respect for the significant statement about the char- President we are moving toward com- principle of the separation of powers.’’ acter and ability of Lynn Adelman. pletion of our work tonight. Finally, let me conclude on a per- At the same time he has served in Later on, when we have the final an- sonal note. My family has known the the Wisconsin Legislature, Lynn nouncement, we will advise the Senate Adelman family for over 30 years, and Adelman has continued his practice as that it would reconvene, the 105th Con- I have known Lynn personally for more a successfully attorney. He has ap- gress, second session, following a live than 20. I know that he has the com- peared in both criminal and civil cases, quorum the morning of January 27, and passion, integrity and skill that will before both State and Federal courts. there would be a live quorum which make him a valuable addition to the Lynn’s considerable legal skills also re- would proceed morning business until 2 bench. sulted in him arguing before the United p.m. on that day, and on Tuesday Mr. FEINGOLD. Mr. President, I am States Supreme Court in 1993. night, January 27, at 9 p.m., we would pleased that the U.S. Senate took ac- There can be little doubt that Lynn have the President’s State of the Union tion today to confirm Lynn Adelman Adelman’s career makes him well suit- Address. So the Senate will convene, to the Federal District Court. Lynn’s ed to serve on the federal judiciary. His then, that night at 8:30 in order to pro- entire career, both in the State legisla- knowledge of the law is undeniable. He ceed to the body of the Hall of the ture and his private legal practice, has has a unique perspective on our legal House of Representatives to hear the been marked by his dedication to serv- system, born of his service in the legis- address. ing the people of our State and makes lature and as a practicing attorney, He There will be no legislative business him particularly well suited for a posi- understands the fundamental principle on Tuesday, January 27 except for tion on the federal bench. I have no of separation of powers and has the those actions that may be cleared for doubt that he will continue his career temperament necessary to treat every- unanimous consent. Therefore, no of public service in this new capacity one who comes before him with the re- votes will occur during the session on and will be an excellent jurist for the spect and dignity they deserve. In that Tuesday. people of Wisconsin. short, he has all the tools necessary to Senators should be aware that the President Clinton choose Lynn serve the people of Wisconsin with dis- following items are expected to be con- Adelman’s name from the three for- tinction. I am pleased the Senate has sidered during the early days of the warded to him by the nominations chosen to confirm him today. second session of the 105th Congress:

VerDate Sep 11 2014 12:07 Jul 12, 2019 Jkt 000000 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S13NO7.PT2 S13NO7 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 13, 1997 CONGRESSIONAL RECORD — SENATE S12679 The ISTEA transportation infrastruc- the Democratic floor staff, Lula Davis SEC. 2. The Speaker of the House and the ture bill; juvenile justice; the nomina- and Marty Paone; the cloakroom staff, Majority Leader of the Senate, acting jointly tion of Margaret Morrow of California Brad Holsclaw, Laura Martin, Tripp after consultation with the Minority Leader to a judgeship; and the nomination of Baird, and Mike Smythers. of the House and the Minority Leader of the Senate, shall notify the Members of the Ann Aiken, prior to the end of the first I also want to thank the Secretary of House and Senate, respectively, to reassem- week. the Senate, Gary Sisco; the Sergeant ble whenever, in their opinion, the public in- I do want to thank my colleagues for at Arms, Greg Casey; the Senate Chap- terest shall warrant it. their cooperation throughout this ses- lain, Lloyd J. Ogilvie; the clerks of the SEC. 3. The Congress declares that clause 5 sion of Congress, and especially on the Senate; the Senate Parliamentarians, of rule III of the Rules of the House of Rep- Executive Calendar. I know there has the Official Reporters of the Senate, resentatives and the order of the Senate of been a lot of effort made there on both and the Senate Pages, who have all January 7, 1997, authorize for the duration of sides of the aisle and we leave just a contributed to make this a successful the One Hundred Fifth Congress the Clerk of the House of Representatives and the Sec- very few on that calendar. I note we session. We are very proud to commend retary of the Senate, respectively; to receive have confirmed this year 36 judges. I them for their outstanding work. messages from the President during periods believe we will act on at least four or At the close of the session, I want to when the House and Senate are not in ses- five others very quickly in the begin- say that a lot has been done here. In sion and thereby preserve until adjournment ning of the next session. We had three years to come, people can look back sine die of the final regular session of the reported today by the Judiciary Com- and say that the 105th session of Con- One Hundred Fifth Congress the constitu- mittee, all of which I understand were gress accomplished a great deal. It is tional prerogative of the House and Senate noncontroversial, but it was late in the because of these leaders here and their to reconsider vetoed measures in light of the staffs who worked hard. We could not objections of the President, since the avail- afternoon and we did not have the time ability of the Clerk and the Secretary during to give Senators proper notice that we run this place without these competent any earlier adjournment of either House dur- would proceed. So I expect that we will staff members. I am very proud of all of ing the current Congress does not prevent do those the first week back, also. them. the return by the President of any bill pre- Mr. President, I yield the floor. Mr. President, in closing, I want to sented to him for approval. f say that it has been a pleasure to work SEC. 4. The Clerk of the House of Rep- with all these people, the Senators and resentatives shall inform the President of COMMENDING THE MAJORITY AND the staffs. As the holiday season ap- the United States of the adoption of this MINORITY LEADERS proaches, I wish them all a happy concurrent resolution. Mr. NICKLES. Mr. President, I want Thanksgiving and a merry Christmas. Mr. LOTT. Mr. President, I yield the to compliment my colleague, the ma- Mr. President, I suggest the absence floor. jority leader, for doing an outstanding of a quorum. Mr. FORD addressed the Chair. job, as well as the minority leader, The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- Senator DASCHLE. They have worked clerk will call the roll. ator from Kentucky is recognized. very well together this session. We had The legislative clerk proceeded to f call the roll. some real trials and tribulations, but I COMMENDING THE MINORITY Mr. LOTT. Mr. President, I ask unan- think, together, they were an out- LEADER standing combination. They were able imous consent that the order for the to pass the Nation’s important busi- quorum call be rescinded. Mr. FORD. Mr. President, this will be ness, such as the budget and historic The PRESIDING OFFICER. Without next to my last end-of-session period, tax relief. objection, it is so ordered. and at the end of next year and the I think this was a productive Con- f 105th Congress I will be joining my gress. Again, I wish to compliment the family back in Kentucky. PROVIDING FOR A CONDITIONAL But let me say that in all of my 23 majority and minority leaders for their ADJOURNMENT OF THE CONGRESS effort and leadership. years so far here I have never enjoyed Mr. THURMOND addressed the Chair. Mr. LOTT. Mr. President, I send an so much the friendship and watched The PRESIDING OFFICER. The Sen- adjournment resolution to the desk the work of the Democratic leader to ator from South Carolina, the Presi- calling for a conditional adjournment be any more outstanding or any more dent pro tempore of the Senate, Mr. of the first session of the 105th Con- caring, developed with integrity and THURMOND, is recognized. gress until Tuesday, January 27, 1998. I character. He is one individual who I ask unanimous consent that the cur- f think, when you look back at his rent resolution be agreed to and the theme of ‘‘families first’’—that was the COMMENDING THE LEADERSHIP motion to reconsider be laid upon the view of all of the 100 Senators—that AND STAFF OF THE SENATE table, all without further action or de- not only would this Chamber be cov- Mr. THURMOND. Mr. President, as bate. ered with accolades for the job he has we come to the end of the session, I The PRESIDING OFFICER. Without done, but we would see this country want to say that the Senate could not objection, it is so ordered. progress in a much better and finer run without competent people. We have The concurrent resolution was agreed fashion. been fortunate to have an outstanding to. So to the Democratic leader, I pay majority leader in Senator LOTT, who The concurrent resolution (S. Con. my respect, and my everlasting thanks is a man of integrity, ability, and dedi- Res. 68) is as follows: for his courtesy in working with me cation, and an outstanding man in the S. CON. RES. 68 during the year. minority leader, too, Senator DASCHLE. Resolved by the Senate (the House of Rep- Having said that, I want to say that Both of them have performed out- resentatives concurring), That when the House he has developed one of the finest staffs standing service to their country and adjourns on the legislative day of Thursday, not only on the floor but in his office this body. I predict that, someday, Sen- November 13, 1997, or Friday, November 14, that anyone could work with. All of us 1997, on a motion offered pursuant to this ator LOTT may become our President. I concurrent resolution by the Majority Lead- are anxious to do good. All of us are also want to thank our leadership, in- er or his designee, it stand adjourned sine anxious to say the right things. But we cluding Senators NICKLES, CRAIG, die, or until noon on the second day after have to have the right kind of support. MACK, COVERDELL, and MCCONNELL, all Members are notified to reassemble pursuant So as we observe the Senate floor and who have cooperated and worked to- to section 2 of this concurrent resolution, see who is doing the work and putting gether to bring about the results that and that when the Senate adjourns on Thurs- the package together, we all under- we have obtained. day, November 13, 1997, or Friday, November stand that we have chosen well in the Now, Mr. President, I want to com- 14, 1997, on a motion offered pursuant to this staff on both sides. concurrent resolution by the Majority Lead- pliment some other people, too, and I er or his designee, it stand adjourned sine So, Mr. President, I didn’t want to will read their names: Elizabeth die, or until noon on the second day after leave here without saying to my friend Greene, David Schiappa, Greer Members are notified to reassemble pursuant from South Dakota when he reached Amburn, of the Republican floor staff; to section 2 of this concurrent resolution. out to help all families that he reached

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12680 CONGRESSIONAL RECORD — SENATE November 13, 1997 out to my family and to my family’s process works. They bring to work practical and pragmatic solutions to family. And I see what good will come each day an extensive experience but, civil rights challenges. from his efforts and his desire and his more than experience, an attitude that Mr. President, in my estimation, he hope and vision for the future. I think epitomizes the kind of quality is exactly the right person for this job, Also, I want to say that I think he of people that we have. and I am glad the President nominated has worked very well with the majority So I thank our staff. I thank our him. What happened to Bill Lann Lee leader. The majority leader has had leadership team. I thank the caucus. I today in the Judiciary Committee was some tremendous stress and strain. But am very grateful once more to cele- a very sad situation for Bill Lann Lee. had it not been for the cooperation and brate what I consider to be good team- Unfortunately, he did not have the effort of the Democratic leader, the work all the way around. votes and had his name been called, he first session of the 105th Congress I yield the floor. would not have been approved by the would not be ending on the high note Mr. FORD. Mr. President, I suggest Senate Judiciary Committee and sent that I believe it is. the absence of a quorum. to the floor of the Senate for confirma- I thank the Chair. The PRESIDING OFFICER. The tion. So as a result, there was a par- I suggest the absence of a quorum. clerk will call the roll. liamentary tangle, and when all was Mr. DASCHLE addressed the Chair. The legislative clerk proceeded to said and done very little was done after The PRESIDING OFFICER. The call the roll. 2 or 3 hours of speeches. Democratic leader. Mr. DURBIN. Mr. President, I ask It strikes me as sad that we have now reached a point in this debate over race f unanimous consent that the order for the quorum call be rescinded. and civil rights in this country where THANKS TO SENATOR WENDELL The PRESIDING OFFICER. Without we are headed in the wrong direction. FORD It is sad that the leaders of both polit- objection, it is so ordered. ical parties do not look for opportuni- Mr. DASCHLE. Mr. President, let me f thank the Senator from Kentucky for ties to bind the wounds of this country, his very generous comments. I am not DEMOCRATIC LEADERSHIP wounds of several centuries over the worthy of his remarks. I appreciate Mr. DURBIN. Mr. President, I am issue of race, but instead continue to very much the kindness that he has completing my first year in the Senate. look for flash points, buzz words, bring- shown me in all the years that we have I will be the first to confess I have a lot ing up issues like quotas and pref- worked together but in particular the to learn, but it has certainly been a re- erences and such. Bill Lann Lee was asked directly, last three. I couldn’t be a luckier lead- warding experience serving in this what is his position on quotas. He said, er than I am to have the ability to great body. Having had the oppor- unequivocally, decisively, ‘‘I am work as closely as I can and do with tunity to serve 14 years in the House, I against them.’’ Bill Lann Lee said, ‘‘I the distinguished minority whip. It has was no stranger to Capitol Hill, but am against quotas.’’ But if you would been a real joy for me. this is a much different institution. listen to his critics in the Judiciary This has not been an easy year for The dynamic of 100 men and women Committee today, you would think his him. As the ranking member of the working together as opposed to 435 is answer was exactly the opposite. They Rules Committee, he had to deal with a substantially different. I have been im- won’t accept yes for an answer. Bill very, very contentious issue with the pressed with the volume of work that Lann Lee said, ‘‘Yes, I am opposed to seating of Senator LANDRIEU. each Senator is asked to shoulder. I quotas,’’ and yet they continue to He has had an array of challenges have also been very impressed with the badger him and say, oh, that isn’t what presented to him, and each and every leadership, and I join my colleague he really means. time I had the confidence and the good from Kentucky, Senator FORD, in not- It is ironic, too, when they quizzed fortune to know that he was going to ing the fine work of Senator DASCHLE him about the important Supreme successfully work through those chal- as the Democratic minority leader. It Court decisions in the area of civil lenges and difficulties with the kind of is a tough job. He is lucky to have a rights, he gave what I thought were ability and tenacity and extraordinary good staff to have the energy and tal- very cogent, thoughtful answers and work that he does so routinely. ent he brings to it. We are fortunate on complete to the best of his ability. In So I thank him for his work. I thank the Democratic side to have him. fact, his answers, as the New York him for his friendship and the tremen- f Times reported this morning, were vir- dous effort that he has put forward in NOMINATION OF BILL LANN LEE tually identical to the answers of Seth making our caucus what it is today. I Waxman, a man who sought the posi- truly believe that any leader is only as Mr. DURBIN. Mr. President, at this tion of Solicitor General, who was well good as the team he has to work with. moment I would like to make reference qualified for the job, and was approved I have the good fortune to have, in my to what happened in the Senate Judici- by the Judiciary Committee and by the view, one of the best teams the Demo- ary Committee today relative to the Senate without much of any kind of re- cratic caucus has ever had in leader- nomination of Bill Lann Lee. sistance. But along comes Bill Lann ship. And he is the preeminent example Bill Lann Lee is a Chinese-American Lee, and for some reason, giving the of what I am referring to. He is re- who was designated by President Clin- same answers to the same questions, he spected so widely and so enthusiasti- ton to head the Civil Rights Division in is being rejected. cally that it goes without saying that the Department of Justice. It is prob- I said today in the Judiciary Com- when it comes to respect and when it ably one of the more controversial jobs mittee that I wasn’t certain that if comes to the extraordinary admiration in the Federal Government. Thurgood Marshall’s name had been that his colleagues have for him, Wen- Civil rights, of course, throughout submitted today to head the Civil dell Ford is in a class by himself. our history has evoked great emotion. Rights Division, he could have made it f Bill Lann Lee is a person, the son of through that committee. In fact, I will Chinese immigrants, who came up the go beyond that; he could not have THANKING THE STAFF hard way, faced challenges which many made it through that committee be- Mr. DASCHLE. Mr. President, let me of us have never faced, overcame them, cause, you see, Thurgood Marshall, also commend, as Senator FORD did, and then devoted 23 years of his life who distinguished himself in the field our floor staffs on both sides. The Sen- serving with the NAACP Legal Defense of civil rights throughout his lifetime ator has expressed his gratitude to my Fund. It is interesting; he filed some and went on to serve this country with staff in the leader’s office. I do so as 200 different civil rights lawsuits in his distinction on the Supreme Court, was well. They have just been remarkable public career, settled all but six of an activist, a man who actively pur- all year long. But whether it is in the them—settled all but six of them. sued the cause of equal rights in Amer- leader’s office or here on the floor, it As the mayor of Los Angeles, a Re- ica. And I have to tell you that the po- has made my job one that has been so publican, Richard Riordan, said, Bill litical sentiment in the Senate Judici- much easier as a result of their efforts Lann Lee is the mainstream of civil ary Committee is not open to that sort and their knowledge of the way our rights law. He is a person who looks for of individual.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12681 So now President Clinton faces a di- Yet we must. Because if this Nation continue to address the issue of civil lemma, what to do. After the Senate really stands for what we believe it rights in a civil manner. Judiciary Committee action today, or does, if it is truly committed to equal I suggest the absence of a quorum. failure to act, should the President rights, we have to face the reality that The PRESIDING OFFICER. The walk away from Bill Lann Lee and try there are times when we have strayed clerk will call the roll. to find some other for the job? I hope from our goal. The legislative clerk proceeded to he doesn’t. I hope he doesn’t. I hope the Bill Lann Lee, I hope, will ultimately call the roll. President will appoint Bill Lann Lee, be confirmed by this Senate, I hope not Mr. LOTT. Mr. President, I ask unan- as he has the right to do, as a recess only because he would be the highest imous consent that the order for the appointment to this job that will at ranking Asian American in the history quorum call be rescinded. least give him 1 year to serve in this of this country but also because, with The PRESIDING OFFICER. Without position. He deserves it. And in that his life, he has set out to prove that objection, it is so ordered. service he will prove to a lot of his de- having been the son of Chinese immi- f tractors that he is up to the job. grants, having been someone who is a REAL ESTATE SETTLEMENT In addition, I might add, if Bill Lann recipient of an affirmative action pro- PROCEDURES ACT AMENDMENTS Lee won’t make it in this position, if gram at Yale University and also at Mr. LOTT. Mr. President, I ask unan- Republicans are opposed to him, I am Colombia Law School, that he could imous consent that the Senate proceed afraid there isn’t a person the Presi- prove himself to be up to the task. to the immediate consideration of H.R. I had a moment this evening, so I dent could send that they would ap- 607, which is at the desk. took out a card in my desk and wrote prove because, you see, they are not The PRESIDING OFFICER. The a personal note to him because I have looking for someone who represents clerk will report. the philosophy of the administration, been thinking about him a lot recently. The legislative clerk read as follows: I still remember his wife, his family. I the philosophy of the Department of A bill (H.R. 607) to amend the Real Estate Justice or the philosophy of the Presi- especially remember his mother, his Settlement Procedures Act of 1974 to require dent. They are looking for someone mother who is I am sure up in years notice of cancellation rights with respect to who represents their Republican phi- but I won’t even try to guess what her private mortgage insurance which is re- losophy. But if I understand the Con- age might be. She was a woman who quired as a condition of entering into certain stitution in its basic form, the people worked in a hand laundry in New York federally related mortgage loans and to proof America spoke last November and for years, and there she sat at a con- vide for cancellation of such insurance, and said that Bill Clinton was to be the firmation hearing seeing her son who for other purposes. President. They endorsed his philos- used to run around this little hand The PRESIDING OFFICER. Is there ophy over Bob Dole and other can- laundry in New York now being nomi- objection to the immediate consider- didates, and now when he tries to ap- nated for one of the highest positions ation of the bill? point people to positions to carry out in the Federal Government. I am glad There being no objection, the Senate that philosophy, they say, no, we are she got to see that nomination, but I proceeded to consider the bill. not going to let that happen. am sorry that she had to witness what AMENDMENT NO. 1637 That is a sad situation, sadder still has happened since. She came to this (Purpose: To provide for a substitute and to when you think about how this has de- country as an immigrant with hope. amend the title.) veloped to a point where what was a bi- Her husband, who Bill Lee identified as Mr. LOTT. Mr. President, Senator partisan consensus on the issue of civil his greatest inspiration in life, was a D’AMATO has a substitute amendment rights is starting to deteriorate very man who was totally committed to this at the desk, and I ask for its consider- dramatically. Today in the committee country. ation. The PRESIDING OFFICER. The only one Republican Senator, ARLEN During World War II, at the age of 36 clerk will report. SPECTER, of Pennsylvania, said he when he could have escaped the draft, The legislative clerk read as follows: would vote for Bill Lann Lee. We need- he volunteered, went into the Army ed one more out of the remaining nine, Air Corps and served with real distinc- The Senator from Mississippi [Mr. LOTT], tion. When he came out he said to his for Mr. D’AMATO, proposes an amendment and we could not find them. So Bill numbered 1637. Lann Lee’s nomination languished. sons, ‘‘It was the right thing to do. What is sadder still is that this fine They treated me like I was an Amer- Mr. LOTT. Mr. President, I ask unan- man and his beautiful family are now ican—not a Chinaman living in Amer- imous consent that the reading of the left with uncertainty about their fu- ica.’’ amendment be dispensed with. The PRESIDING OFFICER. Without ture. When he could have been pre- That lesson was not lost on Bill Lann Lee. It hasn’t been lost on any of us. I objection, it is so ordered. paring to serve this Nation in an im- The amendment is as follows: portant capacity and make life better sincerely hope that when we return, (The text of the amendment is print- some of the rancor and some of the for so many people, his future is in ed in today’s RECORD under ‘‘Amend- doubt. negative feelings have abated and that ments Submitted.’’) Those who argued that this is just a people will consider once again the Mr. LOTT. Mr. President, I ask unan- question of race looked beyond the need to look at this important nomina- imous consent that the amendment be issue of civil rights in its entirety. tion. If there needs to be a national de- agreed to, the bill be considered read a The issue of civil rights goes beyond bate on affirmative action, the debate third time and passed, as amended; racial questions into questions involv- should take place right here on the that the motion to reconsider be laid ing gender, questions involving people floor of this Chamber. Democrats and upon the table; and that any state- with personal physical disabilities, Republicans can argue the merits or ments relating to the bill appear at the questions of ethnic background. The demerits. They can talk about changes, appropriate place in the RECORD. Civil Rights Division makes us feel un- as we should in any law. But to make The PRESIDING OFFICER. Without comfortable as Americans because this one man the focal point of this de- objection, it is so ordered. time and again it forces us to focus our bate and to literally say that he cannot The amendment (No. 1637) was agreed view on things we don’t want to talk have an opportunity to serve because to. about. We don’t want to talk about dis- we as a nation are divided on the ques- The bill (H.R. 607), as amended, was crimination at a major corporation tion, I think is fundamentally unfair. read the third time and passed. against African Americans. We don’t So, as we adjourn and go off for an- f want to talk about discrimination at a other 10 or 11 weeks back in our dis- major city’s police department against tricts and other places, back in our BOYS AND GIRLS CLUBS OF AMER- women. We don’t want to talk about home States, I hope we will not forget ICA FACILITIES ESTABLISHMENT meetings of Federal law enforcement that we have a responsibility when we ACT officials, as happened several years return, a responsibility not just to Bill Mr. LOTT. Mr. President, I ask the ago, where there were outright racist Lann Lee but to many others who hope Chair lay before the Senate a message comments being made time and again. that in a bipartisan fashion we can from the House of Representatives on

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12682 CONGRESSIONAL RECORD — SENATE November 13, 1997 the bill (S. 476) to provide for the estab- ‘‘(1) not more than 5 percent may be used to lington Boys & Girls Clubs received lishment of not less than 2,500 Boys and provide a grant to the Boys and Girls Clubs of $100,000 to help enhance that Club’s Girls Clubs of America facilities by the America for administrative, travel, and other outreach efforts. I am also pleased to year 2000. costs associated with a national role-model report that a new club will soon be es- speaking tour program; and The PRESIDING OFFICER laid be- ‘‘(2) no amount may be used to compensate tablished in Rutland, VT. I would like fore the Senate the following message speakers other than to reimburse speakers for to thank Robbie Callaway and the from the House of Representatives. reasonable travel and accommodation costs as- many others at the Boys & Girls Clubs Resolved, That the bill from the Senate sociated with the program described in para- of America who have worked so hard to (S. 476) entitled ‘‘An Act to provide for the graph (1).’’. establish these important programs establishment of not less than 2,500 Boys and Mr. LEAHY. Mr. President, I am de- throughout the United States. I ap- Girls Clubs of America facilities by the year lighted that the Senate today has ac- 2000.’’, do pass with the following amend- plaud your dedication and commitment ment: cepted the House amendment to S. 476 to ensuring that our Nation’s youth Strike out all after the enacting clause and to ensure Indian reservations and rural have solid alternatives to hanging out insert: areas are eligible for the funding au- in the streets. SECTION 1. 2,500 BOYS AND GIRLS CLUBS BEFORE thorized under this bill to expand Boys I know that the national head- 2000. & Girls Clubs across the country. I am quarters is also researching the feasi- (a) IN GENERAL.—Section 401(a) of the Eco- also pleased that this legislation will bility of a club in Essex Junction. I nomic Espionage Act of 1996 (42 U.S.C. 13751 be sent to the President this evening hope that with the continuation of this note) is amended by striking paragraph (2) and inserting the following: for his signature. initiative they will look for opportuni- ‘‘(2) PURPOSE.—The purpose of this section is When this bill was under discussion ties to serve young people in Montpe- to provide adequate resources in the form of in the Senate last spring, I made sure lier, Brattleboro, St. Johnsbury and seed money for the Boys and Girls Clubs of that rural areas, including many areas other Vermont locations, as well. I America to establish 1,000 additional local clubs of my home State of Vermont, would would be delighted for a sizable portion where needed, with particular emphasis placed be eligible for grants to establish some of the 1,000,000 additional young people on establishing clubs in public housing projects of the targeted 2,500 new Boys & Girls who we hope will be served by the end and distressed areas, and to ensure that there Clubs of America. Representative of this century to come from the 145,000 are a total of not less than 2,500 Boys and Girls BUYER’s amendment will now ensure Clubs of America facilities in operation not later young people in Vermont and those in than December 31, 1999.’’. that Indian reservations will qualify other rural areas. (b) ACCELERATED GRANTS.—Section 401 of the under this bill. The original language In supporting this bill, I encourage Economic Espionage Act of 1996 (42 U.S.C. 13751 in this bill was more restrictive, re- the Boys & Girls Clubs as one example note) is amended— quiring the grants to be used only for of a successful youth-oriented program (1) in subsection (b)(2), by striking ‘‘or rural’’ the purpose of establishing Boys & that can help make a difference in and all that follows through the end and insert- Girls Clubs in public housing projects young people’s lives and prevent crime ing the following: ‘‘rural area, or Indian res- and other distressed areas. I have and delinquency. I also support the ervation with a population of high risk youth as defined in section 517 of the Public Health Serv- worked with the Boys & Girls and work of others who are effective with ice Act (42 U.S.C. 290bb–23) of sufficient size to know that they understand that rural young people, including our out- warrant the establishment of a Boys and Girls areas as well as urban can qualify as standing 4-H programs. Club.’’; and ‘‘distressed areas’’. This measure should not become an (2) by striking subsection (c) and inserting the The bill is now more expansive and excuse for anyone not to join with us following: will give girls and boys in rural areas to bolster comprehensive drug edu- ‘‘(c) ESTABLISHMENT.— and on reservations greater opportuni- cation and prevention for all elemen- ‘‘(1) IN GENERAL.—For each of the fiscal years ties to share in Boys & Girls Clubs and 1997, 1998, 1999, 2000, and 2001, the Director of tary and high school students. As I the Bureau of Justice Assistance of the Depart- their programs. The revised statute have urged in the Judiciary Committee ment of Justice shall make a grant to the Boys will authorize grants for establishing discussions of S. 10, the Violent and and Girls Clubs of America for the purpose of and extending facilities ‘‘where need- Repeat Juvenile Offender Act, we establishing and extending Boys and Girls Clubs ed’’. Particular emphasis continues to should proceed to help create after facilities where needed, with particular empha- be given to housing projects, where school ‘‘safe havens’’ where children sis placed on establishing clubs in and extend- Boys & Girls Clubs have proven effec- are protected from drugs, gangs and ing services to public housing projects and dis- tive in preventing youth crime, and to crime with activities including drug tressed areas. distressed areas, rural or urban. But prevention education, academic tutor- ‘‘(2) APPLICATIONS.—The Attorney General shall accept an application for a grant under the ‘‘where needed’’ language should ing, mentoring, and abstinence train- this subsection if submitted by the Boys and help make expansion into rural areas a ing. This bill is a step but should not Girls Clubs of America, and approve or deny the greater priority. be the end of our efforts to support pro- grant not later than 90 days after the date on The changes made to that program grams that help prevent juvenile delin- which the application is submitted, if the appli- by this bill also permit up to 5 percent quency, crime, and drug abuse. cation— of the grant funds to be used to estab- Mr. LOTT. Mr. President, I move ‘‘(A) includes a long-term strategy to establish lish a role model speakers’ program. that the Senate concur in the amend- 1,000 additional Boys and Girls Clubs and de- Anyone who has seen Boys & Girls tailed summary of those areas in which new fa- ment of the House. cilities will be established, or in which existing Clubs of America commercial with The PRESIDING OFFICER. The facilities will be expanded to serve additional Denzel Washington and his coach will question is on agreeing to the motion. youths, during the next fiscal year; know the kinds of outstanding role The motion was agreed to. ‘‘(B) includes a plan to ensure that there are models that we are seeking to promote f a total of not less than 2,500 Boys and Girls to encourage and motivate young peo- AMENDING SENATE RESOLUTION Clubs of America facilities in operation before ple to be involved, productive citizens. January 1, 2000; I have seen the outstanding results 48 ‘‘(C) certifies that there will be appropriate at the Boys & Girls Clubs in Bur- Mr. LOTT. Mr. President, I ask unan- coordination with those communities where imous consent that the Senate proceed clubs will be located; and lington, VT. The role models they pro- ‘‘(D) explains the manner in which new facili- vide include the outstanding instruc- to the immediate consideration of Sen- ties will operate without additional, direct Fed- tors and volunteers who work in the ate Resolution 161, submitted earlier eral financial assistance to the Boys and Girls Club’s many programs. I have also wit- today by Senator LOTT. Clubs once assistance under this subsection is nessed the outstanding result of the The PRESIDING OFFICER. Without discontinued.’’. Kids ‘N Kops Program at the Univer- objection, it is so ordered. The clerk (c) ROLE MODEL GRANTS.—Section 401 of the sity of Vermont with the cooperation will report. Economic Espionage Act of 1996 (42 U.S.C. 13751 The legislative clerk read as follows: note) is amended by adding at the end the fol- of local law enforcement. A resolution (S. Res. 161) to amend Senate lowing: Expansions are proceeding and over Resolution 48. ‘‘(f) ROLE MODEL GRANTS.—Of amounts made 200 new clubs serving 180,000 youth available under subsection (e) for any fiscal were opened as a result of last year’s The Senate proceeded to consider the year— appropriation. I know that the Bur- resolution.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12683 Mr. LOTT. Mr. President, I ask unan- I ask my friend from Mississippi, be laid upon the table; and that any imous consent that the resolution be Senator LOTT, if he agrees that this statements relating to the resolution agreed to; that the preamble be agreed initiative will be of significant benefit appear at the appropriate place in the to; that the motion to reconsider be to our two States and, indeed, to much RECORD. laid upon the table; and that any state- of the Southeast region? The PRESIDING OFFICER. Without ments relating to the resolution appear Mr. LOTT. I thank the Senator for objection, it is so ordered. at the appropriate place in RECORD. his comments. This area of our two The joint resolution (H.J. Res. 95) The PRESIDING OFFICER. Without States is growing rapidly and I agree was read the third time and passed. objection, it is so ordered. that a new, bistate industrial park f The resolution (S. Res. 161) was would be of great benefit to both Mis- GRANTING CONSENT AND AP- agreed to. sissippi and Tennessee. It is my hope PROVAL OF CONGRESS TO The preamble was agreed to. that this proposed economic develop- AMEND WASHINGTON METRO- The resolution, with its preamble, is ment project will mean a major in- POLITAN AREA TRANSIT REGU- as follows: crease in the number of jobs and level LATION COMPACT S. RES. 161 of prosperity for this region of the Resolved, That Senate Resolution 48, 105th country. Mr. LOTT. Mr. President, I ask unan- Congress, agreed to February 4, 1997, is I have been working on this proposal imous consent that the Senate proceed amended— for an industrial park for a number of to the immediate consideration of (1) in section 1(e), by striking ‘‘$5,000’’ and years and I am pleased that this essen- House Joint Resolution 986, which is at inserting ‘‘$10,000’’; and tial, in fact critical, next step of the the desk. (2) in sections 1(e) and 1(g), by striking The PRESIDING OFFICER. Without ‘‘September 30, 1997’’ and inserting ‘‘Sep- process is taking place now. I know tember 30, 1998’’. that both you and I will keep a close objection, it is so ordered. The clerk will report. f watch on the progress of this proposed industrial park and I thank you for The legislative clerk read as follows: GRANTING CONSENT OF CONGRESS bringing it up on the floor. A joint resolution (H.J. Res. 986) granting TO CHICKASAW TRAIL ECONOMIC Mr. FRIST. Mr. President, I rise the consent and approval of Congress for the DEVELOPMENT COMPACT today in support of House Joint Reso- State of Maryland, the Commonwealth of Mr. LOTT. Mr. President, I ask unan- lution 95, a measure introduced by my Virginia, and the District of Columbia to amend the Washington Metropolitan Area imous consent that the Senate proceed friend, Representative ED BRYANT of Transit Regulation Compact. to the immediate consideration of the Seventh District of Tennessee. This The Senate proceeded to consider the House Joint Resolution 95, which is at legislation gives congressional ap- joint resolution. the desk. proval to the Chickasaw Trail Eco- Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. The nomic Development Compact. This imous consent that the joint resolution clerk will report. partnership is an interstate compact be considered read a third time and The legislative clerk read as follows: created by agreement of the Mis- passed; that the motion to reconsider A joint resolution (H.J. Res. 95) granting sissippi and Tennessee State Legisla- be laid upon the table; and that any the consent of Congress to the Chickasaw tures to promote joint economic devel- statements relating to the resolution Trail Economic Development Compact. opment and interstate cooperation in a appear at the appropriate place in the The PRESIDING OFFICER. Is there rural, undeveloped area of Fayette RECORD. objection to the immediate consider- County, TN, and Marshall County, MS. The PRESIDING OFFICER. Without ation of the joint resolution? The plan creates the Chickasaw Au- objection, it is so ordered. There being no objection, the Senate thority, which will conduct a study of The joint resolution (H.J. Res. 986) proceeded to consider the joint resolu- the feasibility of establishing an indus- was read the third time and passed. tion. trial park in the area. If this study pro- The PRESIDING OFFICER. Without Mr. THOMPSON. Mr. President, I duces a positive recommendation, Mis- objection, the preamble is agreed to. would like to take this opportunity to sissippi and Tennessee would then ne- The preamble was agreed to. make a few brief comments with my gotiate a new compact implementing f colleague, Senator LOTT, in support of the details to establish a 4,000- to 5,000- H. J. Res. 95, a resolution passed by the acre industrial park. Such a facility AMTRAK REFORM AND House of Representatives which gives would capitalize on the strengths that ACCOUNTABILITY ACT OF 1997 the consent of Congress to the Chicka- lie on both sides of the State line and Mr. LOTT. Mr. President, I ask the saw Trail Economic Development Com- attract new investment and employ- Chair lay before the Senate a message pact. As the U.S. Constitution requires ment opportunities. The proximity of from the House of Representatives on all State compacts to be approved by the park to metro Memphis would the bill (S. 738) to reform the statutes Congress, Representatives ED BRYANT build on the already strong commercial relating to Amtrak, to authorize ap- of Tennessee and ROGER WICKER of Mis- activity in Southwest Tennessee and propriations for Amtrak, and for other sissippi recently introduced this legis- North Mississippi. To my knowledge, purposes. lation in the House. this type of cooperation between The PRESIDING OFFICER laid be- This Compact will allow the States of States has never been attempted. fore the Senate the following message Tennessee and Mississippi to determine Mr. President, I am proud to add my from the House of Representatives: the feasibility of establishing an indus- name to the unanimous support of the Resolved, That the bill from the Senate (S. trial park which would straddle the members of the Tennessee and Mis- 738) entitled ‘‘An Act to reform the statutes border between the two States. This sissippi congressional delegations. it is relating to Amtrak, to authorize appropria- proposed Industrial Park would lie in my hope that this project will bring tions for Amtrak, and for other purposes.’’, both Fayette County, TN. and Marshall economic development and jobs by at- do pass with the following amendment: County, MS. Governors Sundquist and Strike out all after the enacting clause and tracting new sophisticated high-tech- insert: Fordice have each expressed their sup- nology industries to the area. I would SECTION 1. SHORT TITLE; AMENDMENT OF TITLE port for this initiative, as they believe like to thank the majority leader, Sen- 49; TABLE OF SECTIONS. this type of industrial park will be ator LOTT, for his assistance in bring- (a) SHORT TITLE.—This Act may be cited as strengthened by taking a regional ap- ing this measure before the Senate, and the ‘‘Amtrak Reform and Accountability Act of proach to industrial recruitment and I would also like to thank Senator 1997’’. development. THOMPSON and Senator COCHRAN for (b) AMENDMENT OF TITLE 49, UNITED STATES I believe that Tennessee will benefit their support for this initiative. I yield CODE.—Except as otherwise expressly provided, from this initiative by combining the whenever in this Act an amendment or repeal is the floor. expressed in terms of an amendment to, or a re- competitive assets of southwest Ten- Mr. LOTT. Mr. President, I ask unan- peal of, a section or other provision, the ref- nessee and Northern Mississippi to cre- imous consent that the joint resolution erence shall be considered to be made to a sec- ate an attractive and viable business be considered read a third time and tion or other provision of title 49, United States park. passed; that the motion to reconsider Code.

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(c) TABLE OF SECTIONS.—The table of sections (6) Amtrak should ensure that new manage- Amtrak or a rail carrier providing auto-ferry for this Act is as follows: ment flexibility produces cost savings without transportation. A rail carrier may not refuse to Sec. 1. Short title; amendment of title 49; table compromising safety; participate with Amtrak in providing auto-ferry of sections. (7) Amtrak’s management should be held ac- transportation because a State or local law or Sec. 2. Findings. countable to ensure that all investment by the regulation makes the transportation unlawful.’’. Federal Government and State governments is TITLE I—REFORMS SEC. 103. ROUTE AND SERVICE CRITERIA. used effectively to improve the quality of service Section 24703 and the item relating thereto in SUBTITLE A—OPERATIONAL REFORMS and the long-term financial health of Amtrak; the table of sections for chapter 247 are re- Sec. 101. Basic system. (8) Amtrak and its employees should proceed pealed. Sec. 102. Mail, express, and auto-ferry trans- quickly with proposals to modify collective bar- SEC. 104. ADDITIONAL QUALIFYING ROUTES. portation. gaining agreements to make more efficient use of Section 24705 and the item relating thereto in Sec. 103. Route and service criteria. manpower and to realize cost savings which are the table of sections for chapter 247 are re- Sec. 104. Additional qualifying routes. necessary to reduce Federal financial assist- pealed. Sec. 105. Transportation requested by States, ance; SEC. 105. TRANSPORTATION REQUESTED BY authorities, and other persons. (9) Amtrak and intercity bus service providers STATES, AUTHORITIES, AND OTHER Sec. 106. Amtrak commuter. should work cooperatively and develop coordi- PERSONS. Sec. 107. Through service in conjunction with nated intermodal relationships promoting seam- (a) REPEAL.—Section 24704 and the item relat- intercity bus operations. less transportation services which enhance trav- ing thereto in the table of sections of chapter 247 Sec. 108. Rail and motor carrier passenger serv- el options and increase operating efficiencies; are repealed. ice. (10) Amtrak’s Strategic Business Plan calls for (b) STATE, REGIONAL, AND LOCAL COOPERA- Sec. 109. Passenger choice. the establishment of a dedicated source of cap- TION.—Section 24101(c)(2) is amended by insert- Sec. 110. Application of certain laws. ital funding for Amtrak in order to ensure that ing ‘‘, separately or in combination,’’ after ‘‘and SUBTITLE B—PROCUREMENT Amtrak will be able to fulfill the goals of main- the private sector’’. Sec. 121. Contracting out. taining— (c) CONFORMING AMENDMENT.—Section (A) a national passenger rail system; and 24312(a)(1) is amended by striking ‘‘or SUBTITLE C—EMPLOYEE PROTECTION REFORMS (B) that system without Federal operating as- 24704(b)(2)’’. Sec. 141. Railway Labor Act Procedures. sistance; and SEC. 106. AMTRAK COMMUTER. Sec. 142. Service discontinuance. (11) Federal financial assistance to cover oper- (a) REPEAL OF CHAPTER 245.—Chapter 245 and SUBTITLE D—USE OF RAILROAD FACILITIES ating losses incurred by Amtrak should be elimi- the item relating thereto in the table of chapters Sec. 161. Liability limitation. nated by the year 2002. for subtitle V of such title, are repealed. Sec. 162. Retention of facilities. TITLE I—REFORMS (b) CONFORMING AMENDMENT.—Section TITLE II—FISCAL ACCOUNTABILITY Subtitle A—Operational Reforms 24301(f) is amended to read as follows: ‘‘(f) TAX EXEMPTION FOR CERTAIN COMMUTER Sec. 201. Amtrak financial goals. SEC. 101. BASIC SYSTEM. AUTHORITIES.—A commuter authority that was Sec. 202. Independent assessment. (a) OPERATION OF BASIC SYSTEM.—(1) Section eligible to make a contract with Amtrak Com- Sec. 203. Amtrak Reform Council. 24701 is amended to read as follows: muter to provide commuter rail passenger trans- Sec. 204. Sunset trigger. ‘‘§ 24701. National rail passenger transpor- portation but which decided to provide its own Sec. 205. Senate procedure for consideration of tation system rail passenger transportation beginning January restructuring and liquidation 1, 1983, is exempt, effective October 1, 1981, from plans. ‘‘Amtrak shall operate a national rail pas- paying a tax or fee to the same extent Amtrak Sec. 206. Access to records and accounts. senger transportation system which ties together is exempt.’’. Sec. 207. Officers’ pay. existing and emergent regional rail passenger (c) TRACKAGE RIGHTS NOT AFFECTED.—The Sec. 208. Exemption from taxes. service and other intermodal passenger serv- repeal of chapter 245 of title 49, United States Sec. 209. Limitation on use of tax refund. ice.’’. (2) The item relating to section 24701 in the Code, by subsection (a) of this section is without TITLE III—AUTHORIZATION OF table of sections of chapter 247 is amended to prejudice to the retention of trackage rights over APPROPRIATIONS read as follows: property owned or leased by commuter authori- Sec. 301. Authorization of appropriations. ties. ‘‘24701. National rail passenger transportation TITLE IV—MISCELLANEOUS system.’’. SEC. 107. THROUGH SERVICE IN CONJUNCTION WITH INTERCITY BUS OPERATIONS. Sec. 401. Status and applicable laws. (b) IMPROVING RAIL PASSENGER TRANSPOR- (a) IN GENERAL.—Section 24305(a) is amended Sec. 402. Waste disposal. TATION.—Section 24702 and the item relating by adding at the end the following new para- Sec. 403. Assistance for upgrading facilities. thereto in the table of sections for chapter 247 graph: Sec. 404. Demonstration of new technology. are repealed. ‘‘(3)(A) Except as provided in subsection Sec. 405. Program master plan for Boston-New (c) DISCONTINUANCE.—Section 24706 is amend- (d)(2), Amtrak may enter into a contract with a York main line. ed— motor carrier of passengers for the intercity Sec. 406. Americans with Disabilities Act of (1) by striking ‘‘90 days’’ and inserting ‘‘180 transportation of passengers by motor carrier 1990. days’’ in subsection (a)(1); over regular routes only— Sec. 407. Definitions. (2) by striking ‘‘24707(a) or (b) of this title,’’ in ‘‘(i) if the motor carrier is not a public recipi- Sec. 408. Northeast Corridor cost dispute. subsection (a)(1) and inserting ‘‘or dis- ent of governmental assistance, as such term is Sec. 409. Inspector General Act of 1978 amend- continuing service over a route,’’; defined in section 13902(b)(8)(A) of this title, ment. (3) by inserting ‘‘or assume’’ after ‘‘agree to other than a recipient of funds under section Sec. 410. Interstate rail compacts. share’’ in subsection (a)(1); 5311 of this title; Sec. 411. Board of Directors. (4) by striking ‘‘section 24707(a) or (b) of this ‘‘(ii) for passengers who have had prior move- Sec. 412. Educational participation. title’’ in subsection (a)(2) and inserting ‘‘para- ment by rail or will have subsequent movement Sec. 413. Report to Congress on Amtrak bank- graph (1)’’; and by rail; and ruptcy. (5) by striking ‘‘section 24707(a) or (b) of this ‘‘(iii) if the buses, when used in the provision Sec. 414. Amtrak to notify Congress of lobbying title’’ in subsection (b)(1) and inserting ‘‘sub- of such transportation, are used exclusively for relationships. section (a)(1)’’. the transportation of passengers described in Sec. 415. Financial powers. (d) COST AND PERFORMANCE REVIEW.—Section clause (ii). SEC. 2. FINDINGS. 24707 and the item relating thereto in the table ‘‘(B) Subparagraph (A) shall not apply to The Congress finds that— of sections for chapter 247 are repealed. transportation funded predominantly by a State (1) intercity rail passenger service is an essen- (e) SPECIAL COMMUTER TRANSPORTATION.— or local government, or to ticket selling agree- tial component of a national intermodal pas- Section 24708 and the item relating thereto in ments.’’. senger transportation system; the table of sections for chapter 247 are re- (b) POLICY STATEMENT.—Section 24305(d) is (2) Amtrak is facing a financial crisis, with pealed. amended by adding at the end the following growing and substantial debt obligations se- (f) CONFORMING AMENDMENT.—Section new paragraph: verely limiting its ability to cover operating costs 24312(a)(1) is amended by striking ‘‘, 24701(a),’’. ‘‘(3) Congress encourages Amtrak and motor and jeopardizing its long-term viability; SEC. 102. MAIL, EXPRESS, AND AUTO-FERRY common carriers of passengers to use the au- (3) immediate action is required to improve TRANSPORTATION. thority conferred in sections 11322 and 14302 of Amtrak’s financial condition if Amtrak is to sur- (a) REPEAL.—Section 24306 is amended— this title for the purpose of providing improved vive; (1) by striking the last sentence of subsection service to the public and economy of oper- (4) all of Amtrak’s stakeholders, including (a); and ation.’’. labor, management, and the Federal govern- (2) by striking subsection (b) and inserting the SEC. 108. RAIL AND MOTOR CARRIER PASSENGER ment, must participate in efforts to reduce Am- following: SERVICE. trak’s costs and increase its revenues; ‘‘(b) AUTHORITY OF OTHERS TO PROVIDE (a) IN GENERAL.—Notwithstanding any other (5) additional flexibility is needed to allow AUTO-FERRY TRANSPORTATION.—State and local provision of law (other than section 24305(a)(3) Amtrak to operate in a businesslike manner in laws and regulations that impair the provision of title 49, United States Code), Amtrak and order to manage costs and maximize revenues; of auto-ferry transportation do not apply to motor carriers of passengers are authorized—

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(1) to combine or package their respective (d) NO INFERENCE.—The amendment made by (e) NO PRECEDENT FOR FREIGHT.—Nothing in services and facilities to the public as a means subsection (a)(1) is without prejudice to the this Act, or in any amendment made by this Act, of increasing revenues; and power of Amtrak to contract out the provision of shall affect the level of protection provided to (2) to coordinate schedules, routes, rates, res- food and beverage services on board Amtrak freight railroad employees and mass transpor- ervations, and ticketing to provide for enhanced trains or to contract out work not resulting in tation employees as it existed on the day before intermodal surface transportation. the layoff of Amtrak employees. the date of enactment of this Act. (b) REVIEW.—The authority granted by sub- Subtitle C—Employee Protection Reforms SEC. 142. SERVICE DISCONTINUANCE. section (a) is subject to review by the Surface (a) REPEAL.—Section 24706(c) is repealed. SEC. 141. RAILWAY LABOR ACT PROCEDURES. Transportation Board and may be modified or (b) EXISTING CONTRACTS.—Any provision of a revoked by the Board if modification or revoca- (a) NOTICES.—Notwithstanding any arrange- contract entered into before the date of the en- tion is in the public interest. ment in effect before the date of the enactment actment of this Act between Amtrak and a labor of this Act, notices under section 6 of the Rail- SEC. 109. PASSENGER CHOICE. organization representing Amtrak employees re- way Labor Act (45 U.S.C. 156) with respect to all Federal employees are authorized to travel on lating to employee protective arrangements and issues relating to employee protective arrange- Amtrak for official business where total travel severance benefits applicable to employees of ments and severance benefits which are applica- cost from office to office is competitive on a total Amtrak is extinguished, including all provisions ble to employees of Amtrak, including all provi- trip or time basis. of Appendix C-2 to the National Railroad Pas- sions of Appendix C-2 to the National Railroad senger Corporation Agreement, signed July 5, SEC. 110. APPLICATION OF CERTAIN LAWS. Passenger Corporation Agreement, signed July (a) APPLICATION OF FOIA.—Section 24301(e) is 1973. 5, 1973, shall be deemed served and effective on (c) SPECIAL EFFECTIVE DATE.—Subsections (a) amended by adding at the end thereof the fol- the date which is 45 days after the date of the and (b) of this section shall take effect 180 days lowing: ‘‘Section 552 of title 5, United States enactment of this Act. Amtrak, and each af- after the date of the enactment of this Act. Code, applies to Amtrak for any fiscal year in fected labor organization representing Amtrak (d) NONAPPLICATION OF BANKRUPTCY LAW which Amtrak receives a Federal subsidy.’’. employees, shall promptly supply specific infor- PROVISION.—Section 1172(c) of title 11, United (b) APPLICATION OF FEDERAL PROPERTY AND mation and proposals with respect to each such States Code, shall not apply to Amtrak and its ADMINISTRATIVE SERVICES ACT.—Section notice. employees. 303B(m) of the Federal Property and Adminis- (b) NATIONAL MEDIATION BOARD EFFORTS.— Subtitle D—Use of Railroad Facilities trative Services Act of 1949 (41 U.S.C. 253b(m)) Except as provided in subsection (c), the Na- SEC. 161. LIABILITY LIMITATION. applies to a proposal in the possession or control tional Mediation Board shall complete all ef- of Amtrak. (a) IN GENERAL.—Chapter 281 is amended by forts, with respect to the dispute described in adding at the end the following new section: Subtitle B—Procurement subsection (a), under section 5 of the Railway ‘‘§ 28103. Limitations on rail passenger trans- SEC. 121. CONTRACTING OUT. Labor Act (45 U.S.C. 155) not later than 120 portation liability (a) REPEAL OF BAN ON CONTRACTING OUT.— days after the date of the enactment of this Act. Section 24312 is amended— (c) RAILWAY LABOR ACT ARBITRATION.—The ‘‘(a) LIMITATIONS.—(1) Notwithstanding any (1) by striking subsection (b); parties to the dispute described in subsection (a) other statutory or common law or public policy, (2) by striking ‘‘(1)’’ in subsection (a); and may agree to submit the dispute to arbitration or the nature of the conduct giving rise to dam- (3) by striking ‘‘(2) Wage’’ in subsection (a) under section 7 of the Railway Labor Act (45 ages or liability, in a claim for personal injury and inserting ‘‘(b) WAGE RATES.—Wage’’. U.S.C. 157), and any award resulting therefrom to a passenger, death of a passenger, or damage (b) AMENDMENT OF EXISTING COLLECTIVE shall be retroactive to the date which is 120 days to property of a passenger arising from or in BARGAINING AGREEMENT.— after the date of the enactment of this Act. connection with the provision of rail passenger (1) CONTRACTING OUT.—Any collective bar- (d) DISPUTE RESOLUTION.—(1) With respect to transportation, or from or in connection with gaining agreement entered into between Amtrak the dispute described in subsection (a) which— any rail passenger transportation operations and an organization representing Amtrak em- (A) is unresolved as of the date which is 120 over or rail passenger transportation use of ployees before the date of enactment of this Act days after the date of the enactment of this Act; right-of-way or facilities owned, leased, or is deemed amended to include the language of and maintained by any high-speed railroad author- section 24312(b) of title 49, United States Code, (B) is not submitted to arbitration as described ity or operator, any commuter authority or oper- as that section existed on the day before the ef- in subsection (c), ator, any rail carrier, or any State, punitive fective date of the amendments made by sub- Amtrak shall, and the labor organization parties damages, to the extent permitted by applicable section (a). to such dispute shall, within 127 days after the State law, may be awarded in connection with (2) ENFORCEABILITY OF AMENDMENT.—The date of the enactment of this Act, each select an any such claim only if the plaintiff establishes amendment to any such collective bargaining individual from the entire roster of arbitrators by clear and convincing evidence that the harm agreement deemed to be made by paragraph (1) maintained by the National Mediation Board. that is the subject of the action was the result of this subsection is binding on all parties to the Within 134 days after the date of the enactment of conduct carried out by the defendant with a agreement and has the same effect as if arrived of this Act, the individuals selected under the conscious, flagrant indifference to the rights or at by agreement of the parties under the Rail- preceding sentence shall jointly select an indi- safety of others. If, in any case wherein death way Labor Act. vidual from such roster to make recommenda- was caused, the law of the place where the act (c) CONTRACTING-OUT ISSUES TO BE INCLUDED tions with respect to such dispute under this or omission complained of occurred provides, or IN NEGOTIATIONS.—Proposals on the subject subsection. If the National Mediation Board is has been construed to provide, for damages only matter of contracting out work, other than work not informed of the selection under the pre- punitive in nature, this paragraph shall not related to food and beverage service, which re- ceding sentence 134 days after the date of enact- apply. ‘‘(2) The aggregate allowable awards to all sults in the layoff of an Amtrak employee— ment of this Act, the Board shall immediately rail passengers, against all defendants, for all (1) shall be included in negotiations under select such individual. claims, including claims for punitive damages, section 6 of the Railway Labor Act (45 U.S.C. (2) No individual shall be selected under para- arising from a single accident or incident, shall 156) between Amtrak and an organization rep- graph (1) who is pecuniarily or otherwise inter- not exceed $200,000,000. resenting Amtrak employees, which shall be ested in any organization of employees or any ‘‘(b) CONTRACTUAL OBLIGATIONS.—A provider commenced by— railroad. of rail passenger transportation may enter into (A) the date on which labor agreements under (3) The compensation of individuals selected contracts that allocate financial responsibility negotiation on the date of enactment of this Act under paragraph (1) shall be fixed by the Na- for claims. may be re-opened; or tional Mediation Board. The second paragraph ‘‘(c) MANDATORY COVERAGE.—Amtrak shall (B) November 1, 1999, of section 10 of the Railway Labor Act shall whichever is earlier; maintain a total minimum liability coverage for apply to the expenses of such individuals as if claims through insurance and self-insurance of (2) may, at the mutual election of Amtrak and such individuals were members of a board cre- an organization representing Amtrak employees, at least $200,000,000 per accident or incident. ated under such section 10. ‘‘(d) EFFECT ON OTHER LAWS.—This section be included in any negotiation in progress (4) If the parties to a dispute described in sub- shall not affect the damages that may be recov- under section 6 of the Railway Labor Act (45 section (a) fail to reach agreement within 150 ered under the Act of April 27, 1908 (45 U.S.C. U.S.C. 156) on the date of enactment of this Act; days after the date of the enactment of this Act, 51 et seq.; popularly known as the ‘Federal Em- and the individual selected under paragraph (1) ployers’ Liability Act’) or under any workers (3) may not be included in any negotiation in with respect to such dispute shall make rec- progress under section 6 of the Railway Labor compensation Act. ommendations to the parties proposing contract ‘‘(e) DEFINITION.—For purposes of this sec- Act (45 U.S.C. 156) on the date of enactment of terms to resolve the dispute. tion— this Act, unless both Amtrak and the organiza- (5) If the parties to a dispute described in sub- ‘‘(1) the term ‘claim’ means a claim made— tion representing Amtrak employees agree to in- section (a) fail to reach agreement, no change ‘‘(A) against Amtrak, any high-speed railroad clude it in the negotiation. shall be made by either of the parties in the con- authority or operator, any commuter authority No contract between Amtrak and an organiza- ditions out of which the dispute arose for 30 or operator, any rail carrier, or any State; or tion representing Amtrak employees, that is days after recommendations are made under ‘‘(B) against an officer, employee, affiliate en- under negotiation on the date of enactment of paragraph (4). gaged in railroad operations, or agent, of Am- this Act, may contain a moratorium that ex- (6) Section 10 of the Railway Labor Act (45 trak, any high-speed railroad authority or oper- tends more than 5 years from the date of expira- U.S.C. 160) shall not apply to a dispute de- ator, any commuter authority or operator, any tion of the last moratorium. scribed in subsection (a). rail carrier, or any State;

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 6333 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12686 CONGRESSIONAL RECORD — SENATE November 13, 1997 ‘‘(2) the term ‘punitive damages’ means dam- riod from 1992 through 1996 services under con- (B) 45 days after the date of enactment of this ages awarded against any person or entity to tract at amounts less than the cost to Amtrak of Act. punish or deter such person or entity, or others, performing such services with respect to any ac- (5) MAJORITY REQUIRED FOR ACTION.—A ma- from engaging in similar behavior in the future; tivity other than the provision of intercity rail jority of the members of the Council present and and passenger transportation, or mail or express voting is required for the Council to take action. ‘‘(3) the term ‘rail carrier’ includes a person transportation. For purposes of this clause, the No person shall be elected chairman of the providing excursion, scenic, or museum train cost to Amtrak of performing services shall be Council who receives fewer than 5 votes. service, and an owner or operator of a privately determined using generally accepted accounting (c) ADMINISTRATIVE SUPPORT.—The Secretary owned rail passenger car.’’. principles for contracting. If identified, such of Transportation shall provide such adminis- (b) CONFORMING AMENDMENT.—The table of contracts shall be detailed in the report of the trative support to the Council as it needs in sections for chapter 281 is amended by adding at independent assessment, as well as the method- order to carry out its duties under this section. the end the following new item: ology for preparation of bids to reflect Amtrak’s (d) TRAVEL EXPENSES.—Each member of the ‘‘28103. Limitations on rail passenger transpor- actual cost of performance. Council shall serve without pay, but shall re- tation liability.’’. (2) REFORM.—If the independent assessment ceive travel expenses, including per diem in lieu performed under this subparagraph reveals that of subsistence, in accordance with section 5702 SEC. 162. RETENTION OF FACILITIES. Amtrak has performed services under contract and 5703 of title 5, United States Code. Section 24309(b) is amended by inserting ‘‘or for an amount less than the cost to Amtrak of (e) MEETINGS.—Each meeting of the Council, on January 1, 1997,’’ after ‘‘1979,’’. performing such services, with respect to any other than a meeting at which proprietary in- TITLE II—FISCAL ACCOUNTABILITY activity other than the provision of intercity rail formation is to be discussed, shall be open to the SEC. 201. AMTRAK FINANCIAL GOALS. passenger transportation, or mail or express public. Section 24101(d) is amended by adding at the transportation, then Amtrak shall revise its (f) ACCESS TO INFORMATION.—Amtrak shall end thereof the following: ‘‘Amtrak shall pre- methodology for preparation of bids to reflect its make available to the Council all information pare a financial plan to operate within the cost of performance. the Council requires to carry out its duties funding levels authorized by section 24104 of (e) DEADLINE.—The independent assessment under this section. The Council shall establish this chapter, including budgetary goals for fis- shall be completed not later than 180 days after appropriate procedures to ensure against the cal years 1998 through 2002. Commencing no the contract is awarded, and shall be submitted public disclosure of any information obtained later than the fiscal year following the fifth an- to the Council established under section 203, the under this subsection that is a trade secret or niversary of the Amtrak Reform and Account- Secretary of Transportation, the Committee on commercial or financial information that is priv- ability Act of 1997, Amtrak shall operate with- Commerce, Science, and Transportation of the ileged or confidential. out Federal operating grant funds appropriated United States Senate, and the Committee on (g) DUTIES.— for its benefit.’’. Transportation and Infrastructure of the United (1) EVALUATION AND RECOMMENDATION.—The Council shall— SEC. 202. INDEPENDENT ASSESSMENT. States House of Representatives. SEC. 203. AMTRAK REFORM COUNCIL. (A) evaluate Amtrak’s performance; and (a) INITIATION.—Not later than 15 days after (B) make recommendations to Amtrak for (a) ESTABLISHMENT.—There is established an the date of enactment of this Act, the Secretary achieving further cost containment and produc- independent commission to be known as the Am- of Transportation shall contract with an entity tivity improvements, and financial reforms. trak Reform Council. independent of Amtrak and not in any contrac- (2) SPECIFIC CONSIDERATIONS.—In making its (b) MEMBERSHIP.— tual relationship with Amtrak, and independent evaluation and recommendations under para- of the Department of Transportation, to conduct (1) IN GENERAL.—The Council shall consist of 11 members, as follows: graph (1), the Council shall consider all relevant a complete independent assessment of the finan- performance factors, including— cial requirements of Amtrak through fiscal year (A) The Secretary of Transportation. (B) Two individuals appointed by the Presi- (A) Amtrak’s operation as a national pas- 2002. The entity shall have demonstrated knowl- senger rail system which provides access to all edge about railroad industry accounting re- dent, of which— (i) one shall be a representative of a rail labor regions of the country and ties together existing quirements, including the uniqueness of the in- organization; and and emerging rail passenger corridors; dustry and of Surface Transportation Board ac- (ii) one shall be a representative of rail man- (B) appropriate methods for adoption of uni- counting requirements. The Department of agement. form cost and accounting procedures through- Transportation, Office of Inspector General, (C) Three individuals appointed by the Major- out the Amtrak system, based on generally ac- shall approve the entity’s statement of work and ity Leader of the United States Senate. cepted accounting principles; and the award and shall oversee the contract. In (D) One individual appointed by the Minority (C) management efficiencies and revenue en- carrying out its responsibilities under the pre- Leader of the United States Senate. hancements, including savings achieved ceding sentence, the Inspector General’s Office (E) Three individuals appointed by the Speak- through labor and contracting negotiations. shall perform such overview and validation or er of the United States House of Representa- (3) MONITOR WORK-RULE SAVINGS.—If, after verification of data as may be necessary to as- tives. January 1, 1997, Amtrak enters into an agree- sure that the assessment conducted under this (F) One individual appointed by the Minority ment involving work-rules intended to achieve subsection meets the requirements of this sec- Leader of the United States House of Represent- savings with an organization representing Am- tion. atives. trak employees, then Amtrak shall report quar- (b) ASSESSMENT CRITERIA.—The Secretary and (2) APPOINTMENT CRITERIA.— terly to the Council— Amtrak shall provide to the independent entity (A) TIME FOR INITIAL APPOINTMENTS.—Ap- (A) the savings realized as a result of the estimates of the financial requirements of Am- pointments under paragraph (1) shall be made agreement; and trak for the period described in subsection (a), within 30 days after the date of enactment of (B) how the savings are allocated. using as a base the fiscal year 1997 appropria- this Act. (h) ANNUAL REPORT.—Each year before the tion levels established by the Congress. The (B) EXPERTISE.—Individuals appointed under fifth anniversary of the date of enactment of independent assessment shall be based on an ob- subparagraphs (C) through (F) of paragraph this Act, the Council shall submit to the Con- jective analysis of Amtrak’s funding needs. (1)— gress a report that includes an assessment of— (c) CERTAIN FACTORS TO BE TAKEN INTO AC- (i) may not be employees of the United States; (1) Amtrak’s progress on the resolution of pro- COUNT.—The independent assessment shall take (ii) may not be board members or employees of ductivity issues; or into account all relevant factors, including Am- Amtrak; (2) the status of those productivity issues, trak’s— (iii) may not be representatives of rail labor and makes recommendations for improvements (1) cost allocation process and procedures; organizations or rail management; and and for any changes in law it believes to be nec- (2) expenses related to intercity rail passenger (iv) shall have technical qualifications, pro- essary or appropriate. service, commuter service, and any other service fessional standing, and demonstrated expertise (i) AUTHORIZATION OF APPROPRIATIONS.— Amtrak provides; in the field of corporate management, finance, There are authorized to be appropriated to the (3) Strategic Business Plan, including Am- rail or other transportation operations, labor, Council such sums as may be necessary to en- trak’s projected expenses, capital needs, rider- economics, or the law, or other areas of exper- able the Council to carry out its duties. ship, and revenue forecasts; and tise relevant to the Council. SEC. 204. SUNSET TRIGGER. (4) assets and liabilities. (3) TERM.—Members shall serve for terms of 5 (a) IN GENERAL.—If at any time more than 2 For purposes of paragraph (3), in the capital years. If a vacancy occurs other than by the ex- years after the date of enactment of this Act needs part of its Strategic Business Plan Amtrak piration of a term, the individual appointed to and implementation of the financial plan re- shall distinguish between that portion of the fill the vacancy shall be appointed in the same ferred to in section 24104(d) of title 49, United capital required for the Northeast Corridor and manner as, and shall serve only for the unex- States Code, as amended by section 201 of this that required outside the Northeast Corridor, pired portion of the term for which, that indi- Act, the Amtrak Reform Council finds that— and shall include rolling stock requirements, in- vidual’s predecessor was appointed. (1) Amtrak’s business performance will precluding capital leases, ‘‘state of good repair’’ re- (4) CHAIRMAN.—The Council shall elect a vent it from meeting the financial goals set forth quirements, and infrastructure improvements. chairman from among its membership within 15 in section 24104(d) of title 49, United States (d) BIDDING PRACTICES.— days after the earlier of— Code, as amended by section 201 of this Act; or (1) STUDY.—The independent assessment also (A) the date on which all members of the (2) Amtrak will require operating grant funds shall determine whether, and to what extent, Council have been appointed under paragraph after the fifth anniversary of the date of enact- Amtrak has performed each year during the pe- (2)(A); or ment of this Act,

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 6333 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12687 then the Council shall immediately notify the the Senate shall proceed, without intervening rules only to the extent that they are incon- President, the Committee on Commerce, Science, action or debate (except as permitted under sistent therewith; and and Transportation of the United States Senate, paragraph (9)), to vote on the final disposition (2) with full recognition of the constitutional and the Committee on Transportation and In- thereof to the exclusion of all amendments not right of the Senate to change the rules (so far as frastructure of the United States House of Rep- then pending and to the exclusion of all mo- relating to the procedure of the Senate) at any resentatives. tions, except a motion to reconsider or table. time, in the same manner and to the same extent (b) FACTORS CONSIDERED.—In making a find- (B) The time for debate on the liquidation disas in the case of any other rule of the Senate. ing under subsection (a), the Council shall take approval resolution shall be equally divided be- SEC. 206. ACCESS TO RECORDS AND ACCOUNTS. into account— tween the Majority Leader and the Minority Section 24315 is amended by adding at the end (1) Amtrak’s performance; Leader or their designees. the following new subsection: (2) the findings of the independent assessment (7) DEBATE OF AMENDMENTS.—Debate on any ‘‘(h) ACCESS TO RECORDS AND ACCOUNTS.—A conducted under section 202; amendment to a liquidation disapproval resolu- State shall have access to Amtrak’s records, ac- (3) the level of Federal funds made available tion shall be limited to one hour, equally divided counts, and other necessary documents used to for carrying out the financial plan referred to in and controlled by the Senator proposing the determine the amount of any payment to Am- section 24104(d) of title 49, United States Code, amendment and the majority manager, unless trak required of the State.’’. as amended by section 201 of this Act; and the majority manager is in favor of the amend- SEC. 207. OFFICERS’ PAY. (4) Acts of God, national emergencies, and ment, in which case the minority manager shall other events beyond the reasonable control of Section 24303(b) is amended by adding at the be in control of the time in opposition. end the following: ‘‘The preceding sentence Amtrak. (8) NO MOTION TO RECOMMIT.—A motion to re- (c) ACTION PLAN.—Within 90 days after the shall not apply for any fiscal year for which no commit a liquidation disapproval resolution Federal assistance is provided to Amtrak.’’. Council makes a finding under subsection (a)— shall not be in order. (1) it shall develop and submit to the Congress SEC. 208. EXEMPTION FROM TAXES. (9) DISPOSITION OF SENATE RESOLUTION.—If an action plan for a restructured and rational- Section 24301(l)(1) is amended— the Senate has read for the third time a liquida- ized national intercity rail passenger system; (1) by striking so much as precedes ‘‘exempt tion disapproval resolution that originated in and from a tax’’ and inserting the following: the Senate, then it shall be in order at any time (2) Amtrak shall develop and submit to the ‘‘(1) IN GENERAL.—Amtrak, a rail carrier sub- thereafter to move to proceed to the consider- Congress an action plan for the complete liq- sidiary of Amtrak, and any passenger or other ation of a liquidation disapproval resolution for uidation of Amtrak, after having the plan re- customer of Amtrak or such subsidiary, are’’; the same special message received from the viewed by the Inspector General of the Depart- (2) by striking ‘‘tax or fee imposed’’ and all House of Representatives and placed on the Cal- ment of Transportation and the General Ac- that follows through ‘‘levied on it’’ and insert- endar pursuant to paragraph (2), strike all after counting Office for accuracy and reasonable- ing ‘‘tax, fee, head charge, or other charge, im- the enacting clause, substitute the text of the ness. posed or levied by a State, political subdivision, Senate liquidation disapproval resolution, agree SEC. 205. SENATE PROCEDURE FOR CONSIDER- or local taxing authority on Amtrak, a rail car- ATION OF RESTRUCTURING AND LIQ- to the Senate amendment, and vote on final dis- rier subsidiary of Amtrak, or on persons trav- UIDATION PLANS. position of the House liquidation disapproval eling in intercity rail passenger transportation (a) IN GENERAL.—If, within 90 days (not resolution, all without any intervening action or or on mail or express transportation provided by counting any day on which either House is not debate. Amtrak or such a subsidiary, or on the carriage in session) after a restructuring plan is sub- (10) CONSIDERATION OF HOUSE MESSAGE.—Con- of such persons, mail, or express, or on the sale mitted to the House of Representatives and the sideration in the Senate of all motions, amend- of any such transportation, or on the gross re- Senate by the Amtrak Reform Council under ments, or appeals necessary to dispose of a mes- ceipts derived therefrom’’; and section 204 of this Act, an implementing Act sage from the House of Representatives on a liq- (3) by amending the last sentence thereof to with respect to a restructuring plan (without re- uidation disapproval resolution shall be limited read as follows: ‘‘In the case of a tax or fee that gard to whether it is the plan submitted) has not to not more than 4 hours. Debate on each mo- Amtrak was required to pay as of September 10, been passed by the Congress, then a liquidation tion or amendment shall be limited to 30 min- 1982, Amtrak is not exempt from such tax or fee disapproval resolution shall be introduced in the utes. Debate on any appeal or point of order if it was assessed before April 1, 1997.’’. that is submitted in connection with the disposi- Senate by the Majority Leader of the Senate, for SEC. 209. LIMITATION ON USE OF TAX REFUND. tion of the House message shall be limited to 20 himself and the Minority Leader of the Senate, (a) IN GENERAL.—Amtrak may not use any or by Members of the Senate designated by the minutes. Any time for debate shall be equally di- amount received under section 977 of the Tax- Majority Leader and Minority Leader of the vided and controlled by the proponent and the payer Relief Act of 1997— Senate. The liquidation disapproval resolution majority manager, unless the majority manager (1) for any purpose other than making pay- shall be held at the desk at the request of the is a proponent of the motion, amendment, ap- ments to non-Amtrak States (pursuant to section Presiding Officer. peal, or point of order, in which case the minor- 977(c) of that Act), or the financing of qualified (b) CONSIDERATION IN THE SENATE.— ity manager shall be in control of the time in op- expenses (as that term is defined in section (1) REFERRAL AND REPORTING.—A liquidation position. 977(e)(1) of that Act); or disapproval resolution introduced in the Senate (c) CONSIDERATION IN CONFERENCE.— (2) to offset other amounts used for any pur- (1) CONVENING OF CONFERENCE.—In the case shall be placed directly and immediately on the pose other than the financing of such expenses. Calendar. of disagreement between the two Houses of Con- (b) REPORT BY ARC.—The Amtrak Reform (2) IMPLEMENTING RESOLUTION FROM HOUSE.— gress with respect to a liquidation disapproval Council shall report quarterly to the Congress When the Senate receives from the House of resolution passed by both Houses, conferees on the use of amounts received by Amtrak under Representatives a liquidation disapproval reso- should be promptly appointed and a conference section 977 of the Taxpayer Relief Act of 1997. lution, the resolution shall not be referred to promptly convened, if necessary. TITLE III—AUTHORIZATION OF committee and shall be placed on the Calendar. (2) SENATE CONSIDERATION.—Consideration in APPROPRIATIONS (3) CONSIDERATION OF SINGLE LIQUIDATION the Senate of the conference report and any DISAPPROVAL RESOLUTION.—After the Senate amendments in disagreement on a liquidation SEC. 301. AUTHORIZATION OF APPROPRIATIONS. has proceeded to the consideration of a liquida- disapproval resolution shall be limited to not (a) AMENDMENT.—Section 24104(a) is amended tion disapproval resolution under this sub- more than 4 hours equally divided and con- to read as follows: section, then no other liquidation disapproval trolled by the Majority Leader and the Minority ‘‘(a) IN GENERAL.—There are authorized to be resolution originating in that same House shall Leader or their designees. A motion to recommit appropriated to the Secretary of Transpor- be subject to the procedures set forth in this sec- the conference report is not in order. tation— tion. (d) DEFINITIONS.—For purposes of this sec- ‘‘(1) $1,138,000,000 for fiscal year 1998; (4) AMENDMENTS.—No amendment to the reso- tion— ‘‘(2) $1,058,000,000 for fiscal year 1999; lution is in order except an amendment that is (1) LIQUIDATION DISAPPROVAL RESOLUTION.— ‘‘(3) $1,023,000,000 for fiscal year 2000; relevant to liquidation of Amtrak. Consideration The term ‘‘liquidation disapproval resolution’’ ‘‘(4) $989,000,000 for fiscal year 2001; and of the resolution for amendment shall not exceed means only a resolution of either House of Con- ‘‘(5) $955,000,000 for fiscal year 2002, one hour excluding time for recorded votes and gress which is introduced as provided in sub- for the benefit of Amtrak for capital expendi- quorum calls. No amendment shall be subject to section (a) with respect to the liquidation of Am- tures under chapters 243, 247, and 249 of this further amendment, except for perfecting trak. title, operating expenses, and payments de- amendments. (2) RESTRUCTURING PLAN.—The term ‘‘restruc- scribed in subsection (c)(1)(A) through (C). In (5) MOTION NONDEBATABLE.—A motion to pro- turing plan’’ means a plan to provide for a re- fiscal years following the fifth anniversary of ceed to consideration of a liquidation dis- structured and rationalized national intercity the enactment of the Amtrak Reform and Ac- approval resolution under this subsection shall rail passenger transportation system. countability Act of 1997 no funds authorized for not be debatable. It shall not be in order to move (e) RULES OF SENATE.—This section is enacted Amtrak shall be used for operating expenses to reconsider the vote by which the motion to by the Congress— other than those prescribed for tax liabilities proceed was adopted or rejected, although sub- (1) as an exercise of the rulemaking power of under section 3221 of the Internal Revenue Code sequent motions to proceed may be made under the Senate, and as such they are deemed a part of 1986 that are more than the amount needed this paragraph. of the rules of the Senate, but applicable only for benefits of individuals who retire from Am- (6) LIMIT ON CONSIDERATION.— with respect to the procedure to be followed in trak and for their beneficiaries.’’. (A) After no more than 20 hours of consider- the Senate in the case of a liquidation dis- (b) AMTRAK REFORM LEGISLATION.—This Act ation of a liquidation disapproval resolution, approval resolution; and they supersede other constitutes Amtrak reform legislation within the

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 6333 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12688 CONGRESSIONAL RECORD — SENATE November 13, 1997

meaning of section 977(f)(1) of the Taxpayer Re- (1) IN GENERAL.—Section 8G(a)(2) of the In- ‘‘(2) MEMBERSHIP.—(A)(i) The Reform Board lief Act of 1997. spector General Act of 1978 (5 U.S.C. App.) is shall consist of 7 voting members appointed by TITLE IV—MISCELLANEOUS amended by striking ‘‘Amtrak,’’. the President, by and with the advice and con- (2) EFFECTIVE DATE.—The amendment made sent of the Senate, for a term of 5 years. SEC. 401. STATUS AND APPLICABLE LAWS. by paragraph (1) shall take effect at the begin- ‘‘(ii) Notwithstanding clause (i), if the Sec- Section 24301 is amended— ning of the first fiscal year after a fiscal year retary of Transportation is appointed to the Re- (1) by striking ‘‘rail carrier under section for which Amtrak receives no Federal subsidy. form Board, such appointment shall not be sub- 10102’’ in subsection (a)(1) and inserting ‘‘rail- (b) AMTRAK NOT FEDERAL ENTITY.—Amtrak ject to the advice and consent of the Senate. If road carrier under section 20102(2) and chapters shall not be considered a Federal entity for pur- appointed, the Secretary may be represented at 261 and 281’’; and (2) by amending subsection (c) to read as fol- poses of the Inspector General Act of 1978. The Board meetings by his designee. ‘‘(B) In selecting the individuals described in lows: preceding sentence shall apply for any fiscal subparagraph (A) for nominations for appoint- ‘‘(c) APPLICATION OF SUBTITLE IV.—Subtitle year for which Amtrak receives no Federal sub- IV of this title shall not apply to Amtrak, except sidy. ments to the Reform Board, the President for sections 11301, 11322(a), 11502, and 11706. (c) FEDERAL SUBSIDY.— should consult with the Speaker of the House of Notwithstanding the preceding sentence, Am- (1) ASSESSMENT.—In any fiscal year for which Representatives, the minority leader of the trak shall continue to be considered an employer Amtrak requests Federal assistance, the Inspec- House of Representatives, the majority leader of under the Railroad Retirement Act of 1974, the tor General of the Department of Transpor- the Senate, and the minority leader of the Sen- Railroad Unemployment Insurance Act, and the tation shall review Amtrak’s operations and ate. ‘‘(C) Appointments under subparagraph (A) Railroad Retirement Tax Act.’’. conduct an assessment similar to the assessment required by section 202(a). The Inspector Gen- shall be made from among individuals who— SEC. 402. WASTE DISPOSAL. eral shall report the results of the review and ‘‘(i) have technical qualification, professional Section 24301(m)(1)(A) is amended by striking assessment to— standing, and demonstrated expertise in the ‘‘1996’’ and inserting ‘‘2001’’. (A) the President of Amtrak; fields of transportation or corporate or financial SEC. 403. ASSISTANCE FOR UPGRADING FACILI- (B) the Secretary of Transportation; management; TIES. (C) the United States Senate Committee on ‘‘(ii) are not representatives of rail labor or Section 24310 and the item relating thereto in Appropriations; rail management; and the table of sections for chapter 243 are re- (D) the United States Senate Committee on ‘‘(iii) in the case of 6 of the 7 individuals se- pealed. Commerce, Science, and Transportation; lected, are not employees of Amtrak or of the SEC. 404. DEMONSTRATION OF NEW TECH- (E) the United States House of Representa- United States. NOLOGY. tives Committee on Appropriations; and ‘‘(D) The President of Amtrak shall serve as Section 24314 and the item relating thereto in (F) the United States House of Representa- an ex officio, nonvoting member of the Reform the table of sections for chapter 243 are re- tives Committee on Transportation and Infra- Board. pealed. structure. ‘‘(3) CONFIRMATION PROCEDURE IN SENATE.— SEC. 405. PROGRAM MASTER PLAN FOR BOSTON- (2) REPORT.—The report shall be submitted, to ‘‘(A) This paragraph is enacted by the Con- NEW YORK MAIN LINE. the extent practicable, before any such com- gress— (a) REPEAL.—Section 24903 is repealed and the mittee reports legislation authorizing or appro- ‘‘(i) as an exercise of the rulemaking power of table of sections for chapter 249 is amended by priating funds for Amtrak for capital acquisi- the Senate, and as such it is deemed a part of striking the item relating to that section. tion, development, or operating expenses. the rules of the Senate, but applicable only with (b) CONFORMING AMENDMENTS.— (3) SPECIAL EFFECTIVE DATE.—This subsection respect to the procedure to be followed in the (1) Section 24902 is amended— takes effect 1 year after the date of enactment of Senate in the case of a motion to discharge; and (A) by striking subsections (a), (c), and (d) this Act. it supersedes other rules only to the extent that and redesignating subsection (b) as subsection SEC. 410. INTERSTATE RAIL COMPACTS. it is inconsistent therewith; and (a) and subsections (e) through (m) as sub- (a) CONSENT TO COMPACTS.—Congress grants ‘‘(ii) with full recognition of the constitutional sections (b) through (j), respectively; and consent to States with an interest in a specific right of the Senate to change the rules (so far as (B) in subsection (j), as so redesignated by form, route, or corridor of intercity passenger relating to the procedure of the Senate) at any subparagraph (A) of this paragraph, by striking rail service (including high speed rail service) to time, in the same manner and to the same extent ‘‘(m)’’. enter into interstate compacts to promote the as in the case of any other rule of the Senate. (2) Section 24904(a) is amended— ‘‘(B) If, by the first day of June on which the (A) by inserting ‘‘and’’ at the end of para- provision of the service, including— (1) retaining an existing service or com- Senate is in session after a nomination is sub- graph (6); mitted to the Senate under this section, the com- (B) by striking ‘‘; and’’ at the end of para- mencing a new service; (2) assembling rights-of-way; and mittee to which the nomination was referred has graph (7) and inserting a period; and not reported the nomination, then it shall be (C) by striking paragraph (8). (3) performing capital improvements, including— discharged from further consideration of the SEC. 406. AMERICANS WITH DISABILITIES ACT OF (A) the construction and rehabilitation of nomination and the nomination shall be placed 1990. on the Executive Calendar. (a) APPLICATION TO AMTRAK.— maintenance facilities; (B) the purchase of locomotives; and ‘‘(C) It shall be in order at any time thereafter (1) ACCESS IMPROVEMENTS AT CERTAIN SHARED to move to proceed to the consideration of the STATIONS.—Amtrak is responsible for its share, if (C) operational improvements, including communications, signals, and other systems. nomination without any intervening action or any, of the costs of accessibility improvements debate. required by the Americans With Disabilities Act (b) FINANCING.—An interstate compact established by States under subsection (a) may pro- ‘‘(D) After no more than 10 hours of debate on of 1990 at any station jointly used by Amtrak the nomination, which shall be evenly divided and a commuter authority. vide that, in order to carry out the compact, the States may— between, and controlled by, the Majority Leader (2) CERTAIN REQUIREMENTS NOT TO APPLY and the Minority Leader, the Senate shall pro- UNTIL 1998.—Amtrak shall not be subject to any (1) accept contributions from a unit of State or local government or a person; ceed without intervening action to vote on the requirement under subsection (a)(1), (a)(3), or nomination. (e)(2) of section 242 of the Americans With Dis- (2) use any Federal or State funds made available for intercity passenger rail service (except ‘‘(b) BOARD OF DIRECTORS.—Five years after abilities Act of 1990 (42 U.S.C. 12162) until Janu- the establishment of the Reform Board under ary 1, 1998. funds made available for Amtrak); (3) on such terms and conditions as the States subsection (a), a Board of Directors shall be se- (b) CONFORMING AMENDMENT.—Section 24307 consider advisable— lected— is amended— ‘‘(1) if Amtrak has, during the then current (1) by striking subsection (b); and (A) borrow money on a short-term basis and issue notes for the borrowing; and fiscal year, received Federal assistance, in ac- (2) by redesignating subsection (c) as sub- cordance with the procedures set forth in subsection (b). (B) issue bonds; and (4) obtain financing by other means permitted section (a)(2); or SEC. 407. DEFINITIONS. under Federal or State law. ‘‘(2) if Amtrak has not, during the then cur- Section 24102 is amended— SEC. 411. BOARD OF DIRECTORS. rent fiscal year, received Federal assistance, (1) by striking paragraphs (2) and (11); pursuant to bylaws adopted by the Reform (a) AMENDMENT.—Section 24302 is amended to (2) by redesignating paragraphs (3) through Board (which shall provide for employee rep- read as follows: (10) as paragraphs (2) through (9), respectively; resentation), and the Reform Board shall be dis- and ‘‘§ 24302. Board of Directors solved. (3) by inserting ‘‘, including a unit of State or ‘‘(a) REFORM BOARD.— ‘‘(c) AUTHORITY TO RECOMMEND PLAN.—The local government,’’ after ‘‘means a person’’ in ‘‘(1) ESTABLISHMENT AND DUTIES.—The Re- Reform Board shall have the authority to rec- paragraph (7), as so redesignated. form Board described in paragraph (2) shall as- ommend to the Congress a plan to implement the SEC. 408. NORTHEAST CORRIDOR COST DISPUTE. sume the responsibilities of the Board of Direc- recommendations of the 1997 Working Group on Section 1163 of the Northeast Rail Service Act tors of Amtrak by March 31, 1998, or as soon Inter-City Rail regarding the transfer of Am- of 1981 (45 U.S.C. 1111) is repealed. thereafter as at least 4 members have been ap- trak’s infrastructure assets and responsibilities SEC. 409. INSPECTOR GENERAL ACT OF 1978 pointed and qualified. The Board appointed to a new separately governed corporation.’’. AMENDMENT. under prior law shall be abolished when the Re- (b) EFFECT ON AUTHORIZATIONS.—If the Re- (a) AMENDMENT.— form Board assumes such responsibilities. form Board has not assumed the responsibilities

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 6333 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12689 of the Board of Directors of Amtrak before July designating subparagraphs (B) through (L) as broad that the net could be cast too 1, 1998, all provisions authorizing appropria- subparagraphs (A) through (K), respectively. widely—pardon the pun—so that minor tions under the amendments made by section Mr. LOTT. I move that the Senate offenders or persons who honestly be- 301(a) of this Act for a fiscal year after fiscal concur in the House amendment. lieved that they had a legitimate right year 1998 shall cease to be effective. The preceding sentence shall have no effect on funds The PRESIDING OFFICER. The to engage in the behavior prohibited by provided to Amtrak pursuant to section 977 of question is on agreeing to the motion. the bill would be swept in. What of the the Taxpayer Relief Act of 1997. The motion was agreed to. educator who feels that his or her ac- SEC. 412. EDUCATIONAL PARTICIPATION. f tion is a fair use of the copyrighted work? Although the bill is not failsafe, Amtrak shall participate in educational ef- NO ELECTRONIC THEFT (NET) ACT forts with elementary and secondary schools to because of the severity of the potential inform students on the advantages of rail travel Mr. LOTT. Mr. President, I ask unan- losses to copyright owners from wide- and the need for rail safety. imous consent that the Judiciary Com- spread LaMacchia-like behavior and SEC. 413. REPORT TO CONGRESS ON AMTRAK mittee be discharged from further con- the little time remaining in this ses- BANKRUPTCY. sideration of H.R. 2265 and, further, sion, on balance I was persuaded to Within 120 days after the date of enactment of that the Senate proceed to its imme- support the bill. this Act, the Comptroller General shall submit a diate consideration. report identifying financial and other issues as- I place great store by the ‘‘willful- sociated with an Amtrak bankruptcy to the The PRESIDING OFFICER. The ness’’ requirement in the bill. Although United States Senate Committee on Commerce, clerk will report. there is on-going debate about what Science, and Transportation and to the United The legislative clerk read as follows: precisely is the ‘‘willfulness’’ standard States House of Representatives Committee on A bill (H.R. 2265) to amend the provisions in the Copyright Act—as the House Re- Transportation and Infrastructure. The report of title 17 and 18, United States Code, to pro- port records—I submit that in the shall include an analysis of the implications of vide greater copyright protection by amend- LaMacchia context ‘‘willful’’ ought to such a bankruptcy on the Federal government, ing criminal copyright infringement provi- mean the intent to violate a known Amtrak’s creditors, and the Railroad Retirement sions, and for other purposes. System. legal duty. The Supreme Court has The PRESIDING OFFICER. Is there given the term ‘‘willful’’ that construc- SEC. 414. AMTRAK TO NOTIFY CONGRESS OF LOB- objection to the immediate consider- BYING RELATIONSHIPS. tion in numerous cases in the past 25 If, at any time, during a fiscal year in which ation of the bill? years, for example: U.S. versus Bishop, Amtrak receives Federal assistance, Amtrak en- There being no objection, the Senate 412, U.S. 346 (1973); U.S. versus ters into a consulting contract or similar ar- proceeded to consider the bill. Pomponio, 429 U.S. 987 (1976); Cheek rangement, or a contract for lobbying, with a Mr. HATCH. Mr. President, I rise in versus U.S., 498 U.S. 192 (1991); and lobbying firm, an individual who is a lobbyist, support of passage of H.R. 2265, The No Ratzlaf versus U.S., 510 U.S. 135 (1994). or who is affiliated with a lobbying firm, as Electronic Theft [NET] Act. This bill As Chairman of the Judiciary Com- those terms are defined in section 3 of the Lob- plugs the ‘‘LaMacchia Loophole’’ in mittee, that is the interpretation that bying Disclosure Act of 1995 (2 U.S.C. 1602), Am- criminal copyright enforcement. trak shall notify the United States Senate Com- I give to this term. Otherwise, I would mittee on Commerce, Science, and Transpor- Current sec. 506(a) of the Copyright have objected and not allowed this bill tation, and the United States House of Rep- Act contains criminal penalties for to pass by unanimous consent. Under resentatives Committee on Transportation and willful copyright infringement for this standard, then, an educator who in Infrastructure of— ‘‘commercial advantage or private fi- good faith believes that he or she is en- (1) the name of the individual or firm in- nancial gain.’’ In U.S. versus gaging in a fair use of copyrighted ma- volved; LaMacchia, 871 F. Supp. 535 (D. Mass. terial could not be prosecuted under (2) the purpose of the contract or arrange- 1994), defendant, a graduate student at- ment; and the bill. (3) the amount and nature of Amtrak’s finan- tending MIT, encouraged lawful pur- I am also relying upon the good sense cial obligation under the contract. chasers of copyrighted computer games of prosecutors and judges. Again, the This section applies only to contracts, renewals and other software to upload these purpose of the bill is to prosecute com- or extensions of contracts, or arrangements en- works via a special password to an mercial-scale pirates who do not have tered into after the date of the enactment of this electronic bulletin board on the Inter- commercial advantage or private fi- Act. net. The defendant then transferred the nancial gain from their illegal activi- SEC. 415. FINANCIAL POWERS. works to another electronic address ties. But if an over-zealous prosecutor (a) CAPITALIZATION.—(1) Section 24304 is and urged other persons with access to should bring and win a case against a amended to read as follows: a second password to download the ma- college prankster, I am confident that ‘‘§ 24304. Employee stock ownership plans terials for personal use without author- the judge would exercise the discretion ‘‘In issuing stock pursuant to applicable cor- ization by or compensation to the that he or she may have under the Sen- porate law, Amtrak is encouraged to include em- copyright owners. Because the defend- tencing Guidelines to be lenient. If the ployee stock ownership plans.’’. ant never benefited financially from practical effect of the bill turns out to (2) The item relating to section 24304 in the any of these transactions, the current table of sections of chapter 243 is amended to be draconian, we may have to revisit read as follows: criminal copyright infringement could the issue. not be used. Furthermore, the court ‘‘24304. Employee stock ownership plans.’’. In addition to my concern that the held that neither could the federal wire bill’s scope might be too broad, I want- (b) REDEMPTION OF COMMON STOCK.—Amtrak fraud statute, since Congress never en- shall, before October 1, 2002, redeem all common ed to make sure that the language of stock previously issued, for the fair market visioned protecting copyrights under the bill would not prejudice in any way value of such stock. that statute. For persons with few as- the debate about the copyright liabil- (c) ELIMINATION OF LIQUIDATION PREFERENCE sets, civil liability is not an adequate ity of on-line and Internet service pro- AND VOTING RIGHTS OF PREFERRED STOCK.— deterrent. viders. Mr. President, there are good (1)(A) Preferred stock of Amtrak held by the It is obvious that great harm could arguments on both sides of the issue, Secretary of Transportation shall confer no liq- be done to copyright owners if this and I will shortly begin the process of uidation preference. practice were to become widespread. bringing the parties together to try to (B) Subparagraph (A) shall take effect 90 days Significant losses to copyright holders after the date of the enactment of this Act. obtain a mutually agree-upon solution (2)(A) Preferred stock of Amtrak held by the would undermine the monetary incen- to this problem. It is my understanding Secretary of Transportation shall confer no vot- tive to create which is recognized in that representatives of the OSP/ISP ing rights. our Constitution. Mr. President, I be- community and the fair use commu- (B) Subparagraph (A) shall take effect 60 days lieve that willful, commercial-scale nity were consulted during the passage after the date of the enactment of this Act. pirating of copyrighted works, even of the bill in the House. This tends to (d) STATUS AND APPLICABLE LAWS.—(1) Sec- when the pirate receives no monetary confirm my judgment that the bill was tion 24301(a)(3) is amended by inserting ‘‘, and reward, ought to be nipped in the bud. shall not be subject to title 31’’ after ‘‘United not intended to affect the OSP/ISP li- States Government’’. This bill does that. ability debate. (2) Section 9101(2) of title 31, United States I will admit, Mr. President, that I Finally, Mr. President, I would like Code, relating to Government corporations, is initially had concerns about this bill. I to point out two areas that are suscep- amended by striking subparagraph (A) and re- was afraid that the language was so tible to interpretation mischief. First,

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12690 CONGRESSIONAL RECORD — SENATE November 13, 1997 the bill amends the term ‘‘financial have power * * * [t]o promote the conduct ‘‘at best * * * as irresponsible, gain’’ as used in the Copyright Act to progress of science and useful arts, by and at worst as nihilistic, self-indul- include ‘‘receipt, or expectation of re- securing for limited times to authors gent, and lacking in any fundamental ceipt, of anything of value, including and inventors the exclusive right to sense of values.’’ receipt of other copyrighted works.’’ their respective writings and discov- Nevertheless, the Court dismissed the The intent of the change is to hold eries.’’ The Continental Congress pro- indictment in LaMacchia because it criminally liable those who do not re- claimed, ‘‘Nothing is more properly a viewed copyright law as the exclusive ceive or expect to receive money but man’s own than the fruit of his study.’’ authority for prosecuting criminal who receive tangible value. It would be Protecting intellectual property copyright infringement. The Court ex- contrary to the intent of the provision, rights is just as important today as it pressly invited Congress to revisit the according to my understanding, if was when America was a fledgling na- copyright law and make any necessary ‘‘anything of value’’ would be so broad- tion. adjustments, stating: ly read as to include enhancement of It is for this reason I am pleased that Criminal as well as civil penalties should reputation or value remote from the the Senate is considering H.R. 2265, the probably attach to willful, multiple infringe- criminal act, such as a job promotion. ‘‘No Electronic Theft [NET] Act of ments of copyrighted software even absent a Second, I am concerned about the 1997.’’ I introduced the first legislation commercial motive on the part of the in- fringer. One can envision ways that the interplay between criminal liability for on this subject in 1995. The bill was the copyright law could be modified to permit ‘‘reproduction’’ in the bill and the com- ‘‘Criminal Copyright Improvement Act such prosecution. But, ‘‘[i]t is the legisla- monly-held view that the loading of a of 1995,’’ and it stood as the only legis- ture, not the Court which is to define a computer program into random access lation on this issue in the 104th Con- crime, and ordain its punishment.’’ memory [RAM] is a reproduction for gress. I then made some changes to I introduced the Criminal Copyright purposes of the Copyright Act. Because that bill and introduced it this session Improvement Act of 1995 on August 4, most shrink-wrap licenses purport to as the ‘‘Criminal Copyright Improve- 1995 in response to this problem. The make the purchaser of computer soft- ment Act of 1997,’’ S. 1044. Senator KYL NET Act is the result of our efforts. It ware a licensee and not an owner of his is an original cosponsor of S. 1044 and I would ensure redress in the future for or her copy of the software, the ordi- thank him for his support. flagrant, willful copyright infringe- nary purchaser of software may not be Like the Criminal Copyright Im- ments in the following ways: First, it able to take advantage of the exemp- provement Act of 1997, the NET Act of amends the term ‘‘financial gain’’ as tion provided by sec. 117, allowing the 1997 would close a significant loophole used in the Copyright Act to include ‘‘owner’’ of a copy to reproduce the in our copyright law and enhance the ‘‘receipt, or expectation of receipt, or work in order to use it in his or her Government’s ability to bring criminal anything of value, including the re- computer. charges in certain cases of willful copy- ceipt of other copyrighted works.’’ This Many shrink-wrap licenses limit the right infringement. By insuring better revision would make clear that ‘‘finan- purchaser to making only a single protection of the creative works avail- cial gain’’ includes bartering for, and backup copy of his or her software. able online, this bill will also encour- the trading of, pirated software. Thus, under a literal reading of the age the continued growth of the Inter- Second, it amends Section 506(a) of bill, the ordinary purchaser of com- net and our National Information In- the Copyright Act to provide that any puter software who loaded the software frastructure. It will encourage the in- person who infringes a copyright will- enough times in the 180-day period to genuity of the American people, and fully by the reproduction or distribu- reach the more-than-$1,000 threshold will send a powerful message to intel- tion, including by electronic means, may be a criminal. This is, of course, lectual property pirates and thieves during any 180-day period, of one or not the intent of the bill. Clearly, this that we will not tolerate theft. more copies or phonorecords of one or kind of copying was not intended to be For a criminal prosecution under more copyrighted works with a total criminalized. current copyright law, a defendant’s retail value of more than $1,000, shall Additionally, Congress has long rec- willful copyright infringement must be be subject to criminal liability. ognized that it is necessary to make in- ‘‘for purposes of commercial advantage A misdemeanor offense under the bill cidental copies of digital works in or private financial gain.’’ Not-for- is defined as an offense in which an in- order to use them on computers. Pro- profit or noncommercial copyright individual reproduces or distributes one grams or data must be transferred from fringement is not subject to criminal or more copies or phonorecords of one a floppy disk to a hard disk or from a law enforcement, no matter how egre- or more copyrighted works with a total hard disk into RAM as a necessary step gious the infringement or how great value of more than $1,000. in their use. Modern operating systems the loss to the copyright holder. This The felony threshold under the bill is swap data between RAM and hard disk presents an enormous loophole in defined as an offense in which an indi- to use the computer memory more effi- criminal liability for willful infringers vidual reproduces or distributes 10 or ciently. Given its purpose, it is not the who can use digital technology to more copies of phonorecords of 1 or intent of this bill to have the inci- make exact copies of copyrighted soft- more copyrighted works with a total dental copies made by the user of dig- ware and other digitally encoded retail value of $2,500 or more. ital work be counted more than once in works, and then use computer net- Section (2)(b) of the bill clarifies that computing the total retail value of the works for quick, inexpensive and mass for purposes of subsection 506(a) of the infringing reproductions. distribution of pirated, infringing Copyright Act only, ‘‘willful infringe- As you can see, Mr. President, I do works. The NET Act would close this ment’’ requires more than just evi- not believe this is the perfect bill, but legal loophole. dence of making an unauthorized copy it is a good bill that addresses a serious United States versus LaMacchia, 871 of a work. This clarification was in- problem that has the potential of very F. Supp. 535 (D. Mass. 1994), is an exam- cluded to address the concerns ex- soon undermining copyright in many ple of the problem this criminal copy- pressed by libraries and Internet access works, not just computer software. I right bill would fix. In that case, the to services because the standard of am confident that prosecutors and the defendant had set up computer bulletin ‘‘willfulness’’ for criminal copyright courts will make their decisions with board systems on the Internet. Users infringement is not statutorily defined the purpose of the bill in mind—the posted and downloaded copyrighted and the court’s interpretation have elimination of willful, commercial- software programs. This resulted in an varied somewhat among the Federal scale pirating of copyrighted works. estimated loss to the copyright holders circuits. Mr. LEAHY. Mr. President, Amer- of over $1 million over a 6-week period. This clarification does not change ica’s founders recognized and valued Since the defendant apparently did not the current interpretation of the word the creativity of this Nation’s citizens profit from the software piracy, the ‘‘willful’’ as developed by case law and such that intellectual property rights Government could not prosecute him as applied by the Department of Jus- are rooted in the Constitution. Article under criminal copyright law and in- tice, nor does it change the definition I, section 8, clause 8 of the Constitu- stead charged him with wire fraud. The of ‘‘willful’’ as it is used elsewhere in tion states that ‘‘The Congress shall District Court described the student’s the Copyright Act.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12691 Third, the bill requires that any U.S. DEPARTMENT OF JUSTICE, point of the Administration’s program to the criminal proceeding brought under the OFFICE OF LEGISLATIVE AFFAIRS, presentation of this report. Copyright Act must commence within Washington, DC, November 7, 1997. Sincerely, Hon. ORRIN G. HATCH, ANDREW FOIS, 5 years from the time the cause of ac- Chairman, Committee on the Judiciary, Assistant Attorney General. tion arose. The current limit, as con- U.S. Senate, Washington, DC. Mr. KYL. Mr. President, I am proud tained in section 507(a) of the Copy- DEAR MR. CHAIRMAN, This provides the to support H.R. 2265, the No Electronic right Act, is 3 years. This brings copy- views of the Department of Justice on H.R. Theft [NET] Act which is the com- right crimes into conformance with the 2265, the ‘‘No Electronic Theft (NET) Act,’’ panion bill to S. 1044, the Criminal statute of limitations for other crimi- which was passed by the House of Represent- Copyright Improvement Act of 1997, in- nal acts under title 18 of the United atives on November 4, 1997, and which we understand may shortly be considered in the troduced by Senator LEAHY and myself. States Code. Senate. We strongly support enactment of H.R. 2265 passed the House of Rep- Fourth, the bill would insert new this legislation. resentatives earlier this week and now subsections in title 18 of the United As introduced, H.R. 2265 built upon, and has the opportunity to obtain Senate closely resembled, S. 1044 and its predecessor States Code requiring that victims of bill that was introduced in the 104th Con- approval and be sent to the President offenses concerning unauthorized fixa- gress. The Department of Justice testified in before we adjourn for the session. The tion and trafficking of live musical support of H.R. 2265 while the bill was being bill is supported by the Department of performances and victims of offenses considered by the House Judiciary Com- Justice, the U.S. Copyright Office, and concerning trafficking in counterfeit mittee. We worked extensively with the the Software Publishers Association, goods or services be given the oppor- bill’s sponsors to ensure that it would meet which is the leading trade association tunity to provide a victim impact the concerns of interested parties, including of the computer software industry, rep- the Department of Justice, the copyright resenting over 1,200 companies that de- statement to the probation officer pre- community, and those non-profit organiza- paring the presentence report. The bill tions and Internet Service Providers con- velop and market software for enter- directs that the statement identify the cerned about the possibility that the new tainment, business, education, and the victim of the offense and the extent legislation might sweep too broadly. The re- Internet. and scope of the injury and loss suf- sult, in our view, is an excellent bill that H.R. 2265 will help combat software fered, including the estimated eco- protects copyrights in the digital age in a piracy by closing a major loophole in nomic impact of the offense on that careful and balanced manner. The House- federal law, which was highlighted by passed bill accomplishes several important victim. the case of United States v. LaMacchia, goals, including: 871 F.Supp. 535 (D. Mass. 1994). Under Permitting the Department to prosecute The NET Act reflects the rec- current law, a showing of financial ommendations and hard work of the large-scale illegal reproduction or distribution of copyrighted works where the infring- gain is required to prove criminal Department of Justice and the Copy- ers act without a discernible profit motive, copyright infringement. In LaMacchia, right Office. Specifically, Scott while making clear that small-scale non- the defendant maliciously pirated soft- Charney and David Green of the De- commercial copying (copyrighted works with ware which resulted in an estimated partment of Justice and Marybeth a total retail value of less than $1,000) is not loss to the copyright holders of over $1 Peters, Shira Perlmutter, and Jule prosecutable under federal law; million in just over 6 weeks. Because Clarifying that ‘‘willful’’ infringement Sigall of the Copyright Office helped LaMacchia did not profit from the soft- me on this legislation. The Department must consist of evidence of more that the mere intentional reproduction or distribu- ware piracy, he could not be prosecuted of Justice and the Copyright Office pro- tion of copyrighted products; under criminal copyright law. vided valuable input as far back as 3 Defining ‘‘financial gain’’ to include the Because much software piracy on the years ago, when I introduced the first ‘‘receipt, or expectation of receipt, of any- Internet apparently occurs without the legislation on this subject, and they thing of value, including the receipt of other exchange of money, the so-called have worked with me through the copyrighted works,’’ to ensure that persons ‘‘LaMacchia loophole’’ discourages law drafting of this year’s Senate bill and who illegally traffic in copyrighted works by enforcement from taking action using barter rather than cash are covered by with me and all the interested parties the statute; against willful, commercial-scale soft- on this year’s House version to ensure Clarifying that ‘‘reproduction or distribu- ware pirates out to gain notoriety, not that the final product was one that tion’’ includes electronic as well as tangible money. could be widely accepted. In fact, just means; In sum, this bill extends criminal in- today the Senate received a letter from Extending the statute of limitations from fringement of copyright to include any the Department of Justice providing three to five years, bringing the criminal person—not just those who act for pur- copyright statute into line with most other poses of commercial advantage or pri- its views on the NET Act and strongly criminal statutes; supporting the enactment of this legis- Establishing a recidivist provision that vate financial gain—who willfully in- lation. raises penalties for second or subsequent fel- fringe a copyright. Specifically, the ony copyright offenses; bill: (1) expands the definition of ‘‘fi- I also want to thank Mr. HYDE, Mr. Recognizing victims’ rights by allowing nancial gain’’ to include the expecta- CONYERS, Mr. COBLE, Mr. FRANK, and the producers of pirated works to provide a tion of receipt of anything of value—in- Mr. GOODLATTE for their fine work on victim impact statement to the sentencing cluding the receipt of other copy- this matter. court; and righted works; (2) sets penalties for Enhancing the deterrent power of the By passing this legislation, we send a copyright criminal laws by directing the willfully infringing a copyright by re- strong message that we value intellec- Sentencing Commission to amend the Sen- producing or distributing (including tual property, as abstract and arcane tencing guideline for copyright and trade- electronically), during any 180-day pe- as it may be, in the same way that we mark infringement to allow courts to impose riod, one or more copies of one or more value the real and personal property of sentence based on the retail value of the copyrighted works with a total retail our citizens. Just as we will not tol- good infringed upon, rather than the often value of more than $1,000; (3) extends lower value of the infringing good. the statute of limitations for criminal erate the theft of software, CD’s, The Department of Justice believes that books, or movie cassettes from a store, the differences between S. 1044, as intro- copyright infringement from three to so will we not permit the stealing of induced, and H.R. 2265, as passed by the House five years; (4) punishes recidivists more tellectual property over the Internet. of Representatives, are not significant. We severely; (5) extends victims’ rights therefore recommend that the Senate expe- with regard to criminal copyright in- I urge my colleagues to support H.R. dite final passage of this important piece of fringement; and (6) directs the Sen- 2265, and I ask unanimous consent that legislation by adopting the House-passed bill tencing Commission to determine suffi- a letter from the U.S. Department of before the end of the first session of the 105th ciently stringent guidelines to deter Justice dated November 7, 1997, be Congress. these types of crimes. printed in the RECORD. Please do not hesitate to contact us if we may be of additional assistance in connec- H.R. 2265 is needed to help protect There being no objection, the letter tion with this or any other matter. The Of- the interests of the entire software in- was ordered to be printed in the fice of Management and Budget has advised dustry by protecting against the unau- RECORD, as follows: that there is no objection from the stand- thorized copying and distribution of

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12692 CONGRESSIONAL RECORD — SENATE November 13, 1997 computer programs. In 1996, piracy cost third time and passed; that the motion Mr. LOTT. Mr. President, I ask unan- the software industry over $2 billion in to reconsider be laid upon the table; imous consent that the bill be read the United States and over $11 billion and that any statements relating to three times and passed, the motion to around the world. the bill be placed at the appropriate reconsider be laid upon the table, and Mr. President, the United States is place in the RECORD. that any statements relating to the the world’s leader in intellectual prop- The PRESIDING OFFICER. Without bill be placed at the appropriate place erty. We export billions of dollars of objection, it is so ordered. in the RECORD. copyrighted works every year. Our cre- The bill (S. 1172) was read the third The PRESIDING OFFICER. Without ative community is a bulwark of our time and passed, as follows: objection, it is so ordered. national economy. By addressing the S. 1172 The bill (S. 758) was read a third time flaw in our copyright law that Be it enacted by the Senate and House of Rep- and passed, as follows: LaMacchia has brought to light, H.R. resentatives of the United States of America in S. 758 2265 sends the strong message that we Congress assembled, Be it enacted by the Senate and House of Rep- value the contributions of writers, art- SECTION 1. GRANT OF NATURALIZATION TO SYL- resentatives of the United States of America in ists, and other creators, and will not VESTER FLIS. Congress assembled, tolerate the theft of their intellectual (a) IN GENERAL.—Notwithstanding any SECTION 1. SHORT TITLE AND REFERENCE. endeavors. other provision of law, Sylvester Flis shall (a) SHORT TITLE.—This Act may be cited as the ‘‘Lobbying Disclosure Technical Amend- I urge my colleagues to join me in be naturalized as a citizen of the United States upon the filing of the appropriate ap- ments Act of 1997’’. supporting this important piece of leg- plication and upon being administered the (b) REFERENCE.—Whenever in this Act an islation. oath of renunciation and allegiance in an ap- amendment or repeal is expressed in terms of Mr. LOTT. Mr. President, I ask unan- propriate ceremony pursuant to section 337 an amendment to, or repeal of, a section or imous consent that the bill be consid- of the Immigration and Nationality Act. other provision, the reference shall be con- ered read a third time and passed; that (b) DEADLINE FOR APPLICATION AND PAY- sidered to be made to a section or other pro- the motion to reconsider be laid upon MENT OF FEES.—Subsection (a) shall apply if vision of the Lobbying Disclosure Act of 1995. the table; and that any statements re- the application for naturalization is filed SEC. 2. DEFINITION OF COVERED EXECUTIVE BRANCH lating to the bill appear at the appro- with appropriate fees within 1 year after the date of the enactment of this Act. OFFICIAL. priate place in the RECORD. Section 3(3)(F) (2 U.S.C. 1602(3)(F)) is The bill (H.R. 2265) was read the third f amended by striking ‘‘7511(b)(2)’’ and insert- time and passed. AMENDING THE FEDERAL CHAR- ing ‘‘7511(b)(2)(B)’’. f TER FOR GROUP HOSPITALIZA- SEC. 3. CLARIFICATION OF EXCEPTION TO LOB- TION AND MEDICAL SERVICES, BYING CONTACT. OTTAWA AND CHIPPEWA JUDG- INC. MENT FUNDS DISTRIBUTION ACT (a) CERTAIN COMMUNICATIONS.—Section 3(8)(B)(ix) (2 U.S.C. 1602(8)(B)(ix)) is amended OF 1997 Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed by inserting before the semicolon the fol- Mr. LOTT. Mr. President, I ask the to the immediate consideration of H.R. lowing: ‘‘, including any communication Chair lay before the Senate a message compelled by a Federal contract grant, loan, 3025, which is at the desk. permit, or license’’. from the House of Representatives on The PRESIDING OFFICER. The the bill (H.R. 1604) to provide for the di- (b) DEFINITION OF ‘‘PUBLIC OFFICIAL’’.—Sec- clerk will report. tion 3(15)(F) (2 U.S.C. 1602(15)(F)) is amended vision, use, and distribution of judg- The legislative clerk read as follows: by inserting ‘‘, or a group of governments ment funds of the Ottawa and Chip- A bill (H.R. 3025) to amend the Federal acting together as an international organiza- pewa Indians of Michigan pursuant to charter for Group Hospitalization and Med- tion’’ before the period. dockets numbered 19–E, 58, 368, and 18– ical Services, Inc., and for other purposes. SEC. 4. ESTIMATES BASED ON TAX REPORTING SYSTEM. R before the Indian Claims Commis- The PRESIDING OFFICER. Is there sion. (a) SECTION 15(a).—Section 15(a) (2 U.S.C. objection to the immediate consider- 1610(a)) is amended— Resolved, That the House agree to the ation of the bill? (1) by striking ‘‘A registrant’’ and insert- amendments of the Senate numbered 1–60, 62 There being no objection, the Senate ing ‘‘A person, other than a lobbying firm,’’; and 63 to the bill (H.R. 1604) entitled ‘‘An Act and to provide for the division, use, and distribu- proceeded to consider the bill. (2) by amending paragraph (2) to read as tion of judgment funds of the Ottawa and Mr. LOTT. Mr. President, I ask unan- follows: Chippewa Indians of Michigan pursuant to imous consent that the bill be read a ‘‘(2) for all other purposes consider as lob- dockets numbered 18–E, 58, 364, and 18–R be- third time and passed, the motion to bying contacts and lobbying activities only— fore the Indian Claims Commission.’’. reconsider be laid upon the table, and ‘‘(A) lobbying contacts with covered legis- Resolved, That the House disagree to the that any statements relating to the lative branch officials (as defined in section amendment of Senate numbered 61 to the bill be placed at the appropriate place 3(4)) and lobbying activities in support of above-entitled bill. in the RECORD. such contacts; and Mr. LOTT. Mr. President, I move The PRESIDING OFFICER. Without ‘‘(B) lobbying of Federal executive branch that the Senate recede from its amend- objection, it is so ordered. officials to the extent that such activities ment No. 61. The bill (H.R. 3025) was read a third are influencing legislation as defined in sec- The PRESIDING OFFICER. The time and passed. tion 4911(d) of the Internal Revenue Code of question is on agreeing to the motion. 1986.’’. f (b) SECTION 15(b).—Section 15(b) (2 U.S.C. The motion was agreed to. LOBBYING DISCLOSURE TECH- 1610(b)) is amended— f (1) by striking ‘‘A registrant that is sub- NICAL AMENDMENTS ACT OF 1997 ject to’’ and inserting ‘‘A person, other than RELIEF OF SYLVESTER FLIS Mr. LOTT. Mr. President, I ask unan- a lobbying firm, who is required to account Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed and does account for lobbying expenditures imous consent that the Senate proceed to the immediate consideration of cal- pursuant to’’; and to the immediate consideration of S. endar No. 283, S. 758. (2) by amending paragraph (2) to read as 1172. follows: The PRESIDING OFFICER. The ‘‘(2) for all other purposes consider as lob- The PRESIDING OFFICER. Without clerk will report. bying contacts and lobbying activities only— objection, it is so ordered. The clerk The legislative clerk read as follows: ‘‘(A) lobbying contacts with covered legis- will report. A bill (S. 758) to make certain technical lative branch officials (as defined in section The legislative clerk read as follows: corrections to the Lobbying Disclosure Act 3(4)) and lobbying activities in support of A bill (S. 1172) for the relief of Sylvester of 1995. such contacts; and Flis. The PRESIDING OFFICER. Is there ‘‘(B) lobbying of Federal executive branch officials to the extent that amounts paid or The Senate proceeded to consider the objection to the immediate consider- costs incurred in connection with such ac- bill. ation of the bill? tivities are not deductible pursuant to sec- Mr. LOTT. Mr. President, I ask unan- There being no objection, the Senate tion 162(e) of the Internal Revenue Code of imous consent that the bill be read the proceeded to consider the bill. 1986.’’.

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(c) SECTION 5(c).—Section 5(c) (2 U.S.C. ‘‘(J) $3,114,000 for innovative/cooperative (1) give high priority to correcting all 2- 1604(c)) is amended by striking paragraph (3). research projects and activities.’’. digit date-related problems in its computer SEC. 5. EXEMPTION BASED ON REGISTRATION SEC. 3. RESEARCH GRANTS PROGRAM INVOLV- systems to ensure that those systems con- UNDER LOBBYING ACT. ING UNDERGRADUATE STUDENTS. tinue to operate effectively in the year 2000 Section 3(h) of the Foreign Agents Reg- (a) PROGRAM.—Section 48102 of title 49, and beyond; istration Act of 1938 (22 U.S.C. 613(h)) is United States Code, is amended by adding at (2) assess immediately the extent of the amended by striking ‘‘is required to register the end the following new subsection: risk to the operations of the Federal Avia- and does register’’ and inserting ‘‘has en- ‘‘(h) RESEARCH GRANTS PROGRAM INVOLVING tion Administration posed by the problems gaged in lobbying activities and has reg- UNDERGRADUATE STUDENTS.— referred to in paragraph (1), and plan and istered’’. ‘‘(1) ESTABLISHMENT.—The Administrator budget for achieving Year 2000 compliance of the Federal Aviation Administration shall f for all of its mission-critical systems; and establish a program to utilize undergraduate (3) develop contingency plans for those sys- ACTION ON MEASURE VITIATED and technical colleges, including Histori- tems that the Federal Aviation Administra- AND MEASURE INDEFINITELY cally Black Colleges and Universities and tion is unable to correct in time. POSTPONED—S. 1292 Hispanic Serving Institutions, in research on Mr. LOTT. Mr. President, Senators subjects of relevance to the Federal Aviation MCCAIN and HOLLINGS have a technical Mr. LOTT. Mr. President, I ask unan- Administration. Grants may be awarded imous consent that passage of S. 1292 under this subsection for— amendment at the desk, and I ask for be vitiated and the bill be indefinitely ‘‘(A) research projects to be carried out at its immediate consideration. postponed. primarily undergraduate institutions and The PRESIDING OFFICER. The The PRESIDING OFFICER. Without technical colleges; clerk will report. objection, it is so ordered. ‘‘(B) research projects that combine re- The assistant legislative clerk read search at primarily undergraduate institu- as follows: f tions and technical colleges with other re- The Senator from Mississippi [Mr. LOTT], FAA RESEARCH, ENGINEERING, search supported by the Federal Aviation for Mr. MCCAIN, for himself and Mr. HOL- Administration; or AND DEVELOPMENT AUTHORIZA- LINGS, proposes an amendment numbered TION ACT OF 1997 ‘‘(C) research on future training require- 1638. ments on projected changes in regulatory re- Mr. LOTT. Mr. President, I ask unan- quirements for aircraft maintenance and Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed power plant licensees. imous consent that further reading of to the immediate consideration of H.R. ‘‘(2) NOTICE OF CRITERIA.—Within 6 months the amendment be dispensed with. 1271. after the date of the enactment of the FAA The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Research, Engineering, and Development Au- objection, it is so ordered. clerk will report. thorization Act of 1997, the Administrator of The amendment is as follows: the Federal Aviation Administration shall On page 12, line 10, strike ‘‘$229,673,000,’’ The legislative clerk read as follows: establish and publish in the Federal Register and insert ‘‘$226,800,000,’’. A bill (H.R. 1271) to authorize the Federal criteria for the submittal of proposals for a On page 12, line 25, strike ‘‘$56,045,000’’ and Aviation Administration’s research, engi- grant under this subsection, and for the neering, and development programs for fiscal insert ‘‘$53,759,000’’. awarding of such grants. On page 13, line 1, strike ‘‘$27,137,000’’ and years 1998 through 2000, and for other pur- ‘‘(3) PRINCIPAL CRITERIA.—The principal poses. insert ‘‘$26,550,000’’. criteria for the awarding of grants under this On page 13, line 6, strike ‘‘activities.’.’’ and The PRESIDING OFFICER. Is there subsection shall be— insert ‘‘activities; and’’ objection to the immediate consider- ‘‘(A) the relevance of the proposed research On page 13, between lines 6 and 7, insert ation of the bill? to technical research needs identified by the the following: There being no objection, the Senate Federal Aviation Administration; ‘‘(5) for fiscal year 1999, $229,673,000.’’. ‘‘(B) the scientific and technical merit of proceeded to consider the bill, which On page 13, line 17, strike ‘‘leges’’ and in- the proposed research; and sert ‘‘leges, including Historically Black Col- had been reported from the Committee ‘‘(C) the potential for participation by un- on Commerce, Science, and Transpor- leges and Universities and Hispanic Serving dergraduate students in the proposed re- Institutions,’’. tation, with an amendment to strike search. On page 15, strike lines 11 through 17. all after the enacting clause and insert- ‘‘(4) COMPETITIVE, MERIT-BASED EVALUA- On page 15, line 18, strike ‘‘SEC. 5. NOTICE ing in lieu thereof the following: TION.—Grants shall be awarded under this OF REPROGRAMMING.’’ and insert ‘‘SEC. 4. SECTION 1. SHORT TITLE. subsection on the basis of evaluation of pro- NOTICES.’’. This Act may be cited as the ‘‘FAA Re- posals through a competitive, merit-based On page 15, line 19, insert ‘‘(a) REPROGRAM- search, Engineering, and Development Au- process.’’. MING.—’’ before ‘‘If’’. (b) AUTHORIZATION OF APPROPRIATIONS.— thorization Act of 1997’’. On page 16, between lines 2 and 3, insert Section 48102(a) of title 49, United States the following: SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Code, as amended by this Act, is further Section 48102(a) of title 49, United States (b) NOTICE OF REORGANIZATION.—The Ad- amended by inserting ‘‘, of which $750,000 ministrator of the Federal Aviation Admin- Code, is amended— shall be for carrying out the grant program (1) by striking ‘‘and’’ at the end of para- istration shall provide notice to the Commit- established under subsection (h)’’ after tees on Science, Transportation and Infra- graph (2)(J); ‘‘projects and activities’’ in paragraph (4)(J). (2) by striking the period at the end of structure, and Appropriations of the House SEC. 4. LIMITATION ON APPROPRIATIONS. of Representatives, and the Committees on paragraph (3)(J) and inserting in lieu thereof No sums are authorized to be appropriated a semicolon; and Commerce, Science, and Transportation and to the Administrator of the Federal Aviation Appropriations of the Senate, not later than (3) by adding at the end the following: Administration for fiscal year 1998 for the 30 days before any major reorganization (as ‘‘(4) for fiscal year 1998, $229,673,000, includ- Federal Aviation Administration Research, determined by the Administrator) of any ing— Engineering, and Development account, un- program of the Federal Aviation Administra- ‘‘(A) $16,379,000 for system development and less such sums are specifically authorized to tion for which funds are authorized by this infrastructure projects and activities; be appropriated by the amendments made by Act. ‘‘(B) $27,089,000 for capacity and air traffic this Act. On page 16, line 3, strike ‘‘SEC. 6.’’ and in- management technology projects and activi- SEC. 5. NOTICE OF REPROGRAMMING. ties; sert ‘‘SEC. 5.’’. If any funds authorized by the amendments Amend the title so as to read ‘‘A Bill to au- ‘‘(C) $23,362,000 for communications, navi- made by this Act are subject to a reprogram- thorize the Federal Aviation Administra- gation, and surveillance projects and activi- ming action that requires notice to be pro- tion’s research, engineering, and develop- ties; vided to the Appropriations Committees of ment programs for fiscal years 1998 and 1999, ‘‘(D) $16,600,000 for weather projects and ac- the House of Representatives and the Senate, and for other purposes.’’. tivities; notice of such action shall concurrently be ‘‘(E) $7,854,000 for airport technology provided to the Committees on Science and Mr. MCCAIN. Mr. President, I am projects and activities; Transportation and Infrastructure of the pleased to join with my distinguished ‘‘(F) $49,202,000 for aircraft safety tech- House of Representatives and the Committee colleagues, Senators GORTON, HOLLINGS nology projects and activities; on Commerce, Science, and Transportation and FORD, in approving this amend- ‘‘(G) $56,045,000 for system security tech- of the Senate. ment to authorize the Federal Aviation nology projects and activities; SEC. 6. SENSE OF CONGRESS ON THE YEAR 2000 Administration [FAA] Research, Engi- ‘‘(H) $27,137,000 for human factors and avia- PROBLEM. tion medicine projects and activities; With the year 2000 fast approaching, it is neering, and Development [RE&D] ac- ‘‘(I) $2,891,000 for environment and energy the sense of Congress that the Federal Avia- count for fiscal years 1998 and 1999. The projects and activities; and tion Administration should— FAA’s RE&D account is used to finance

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12694 CONGRESSIONAL RECORD — SENATE November 13, 1997 projects to improve the safety, secu- New machines continue to be tested development programs for fiscal years 1998 rity, capacity, and efficiency of the and improved. This bill furthers that and 1999, and for other purposes. U.S. aviation system. process. We also must remain vigilant f FAA research and development ac- about other areas to improve safety, tivities help to provide the advance- like controlled flight into terrain and JOHN N. GRIESEMER POST OFFICE ments and innovations that are needed human factors. All too often an acci- BUILDING to keep the U.S. aviation system the dent is a function of a human error. Mr. LOTT. Mr. President, I ask unan- best in the world. Our nation’s ability The error can be the result of tech- imous consent that the Governmental to have a strong aviation-related re- nology design or human judgment. Re- Affairs Committee be discharged from search and development program di- search remains the key to making ad- further consideration of H.R. 1254, and rectly impacts our success in the glob- justments so that our families do not further that the Senate proceed to its al market and our standard of living. have to experience what the families of immediate consideration. This legislation authorizes the fund- TWA flight 800 or the USAirways Char- The PRESIDING OFFICER. Without ing needed for ongoing or planned FAA lotte flight had to endure. objection, it is so ordered. The clerk RE&D projects that will provide impor- The bill also recognizes that we must will report. tant benefits for the U.S. aviation sys- work with our colleges and technical The legislative clerk read as follows: tem and its users. The FAA RE&D pro- schools to develop programs to meet A bill (H.R. 1254) to designate the United gram will fund projects to determine challenges of the future. Our Nation’s States Post Office building located at 1919 West Bennett Street in Springfield, Mis- how limited airport and airspace ca- aircraft maintenance program will be pacity can meet ever increasing de- souri, as the ‘‘John N. Griesemer Post Office changing. Our air traffic control work- Building.’’ mands, how aviation security can be force and maintenance workforce will improved, and how flight safety con- The PRESIDING OFFICER. Is there be changing with the new equipment objection to the immediate consider- cerns can be addressed. scheduled to be installed over the next As my colleagues know, I have been ation of the bill? 5 years. We must remain ahead of the There being no objection, the Senate particularly concerned about ensuring technological curve—working with the that the FAA has an adequate level of proceeded to consider the bill. schools will facilitate our preparation Mr. LOTT. Mr. President, I ask unan- funding for security research and de- for change. The administration knows imous consent that the bill be read a velopment. The threat of terrorism this and has worked with me to address third time and passed, the motion to against the United States has in- that issue. reconsider be laid upon the table, and creased and aviation is, and will re- We worked hard with the administra- that any statements relating to the main, an attractive terrorist target. tion on this bill, and it is my under- bill appear at the appropriate place in That is why this legislation provides standing that they support the bill. In the RECORD. $54 million for security technology re- the area of security, for example, the The PRESIDING OFFICER. Without search and development. This figure fiscal year 1998 Transportation Appro- objection, it is so ordered. represents almost one-fourth of the priations Act provided $44.225 million. The bill (H.R. 1254) was read a third total authorized funding level, and is The authorization in H.R. 1271 is more time and passed. $10 million above the appropriations than $11 million more, an amount f level. which will give the FAA flexibility to Mr. President, Senator HOLLINGS, ACQUISITION OF CERTAIN REAL move funds from one account to an- Aviation Subcommittee Chairman Sen- PROPERTY FOR THE LIBRARY other, should it be necessary. ator GORTON, Senator FORD, and I have I understand that the FAA may re- OF CONGRESS worked hard with the FAA and our col- quest additional funding for fiscal year Mr. LOTT. I ask unanimous consent leagues in the House to craft legisla- 1999 to further its modernization ef- that the Senate proceed to the imme- tion that can provide the FAA with the forts. In addition, more funding for se- diate consideration of H.R. 2979, which funding it needs for critical research curity may be requested, and we will is at the desk. and development projects, while also need to consider those requests, if The PRESIDING OFFICER. Without being mindful of our tight federal made. objection, it is so ordered. budget. I urge my colleagues to ap- I urge my colleagues to support the The clerk will read the report. prove this legislation by unanimous bill. The legislative clerk read as follows: consent. Mr. LOTT. Mr. President, I ask unan- A bill (H.R. 2979) to authorize acquisition Mr. HOLLINGS. Mr. President, when imous consent that the technical of certain real property for the Library of Congress, and for other purposes. TWA flight 800 exploded over the coast amendment be agreed to. of Long Island on July 17, 1997, 230 peo- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there ple perished. They left behind people objection, it is so ordered. objection to the immediate consider- who loved and cared about them. They The amendment (No. 1638) was agreed ation of the bill? left a void in many people’s lives. When to. There being no objection, the Senate a USAirways jet crashed in Charlotte Mr. LOTT. Mr. President, I ask unan- proceeded to consider the bill. in July 1994, 37 people died, including imous consent that the committee sub- Mr. FORD. Mr. President, the legisla- many from my State. The pain and suf- stitute, as amended, be agreed to. tion before us would authorize the Ar- fering those families suffered is heart- The PRESIDING OFFICER. Without chitect of the Capitol to accept a gift breaking. objection, it is so ordered. of approximately 41 acres of property H.R. 1271, the FAA Research, Engi- The committee amendment in the and buildings in Culpeper, Virginia for neering, and Development Authoriza- nature of a substitute, as amended, was use by the Library of Congress as a nation Act of 1997, authorizes more than agreed to. tional audiovisual conservation center. 4450 million to conduct basic aviation Mr. LOTT. Mr. President, I ask unan- The purchase price of this facility is safety research, with one primary imous consent that the bill, as amend- $5.5 million. The private foundation goal—to reduce the likelihood that an- ed, be read a third time and passed, the which has offered to purchase this other family will lose a loved one in an title amendment be agreed to, the mo- property and donate it for the Li- aviation accident. tion to reconsider be laid upon the brary’s use has also agreed to provide When we talk about safety, it all be- table, and that any statements relating the Library with an additional $4.5 mil- gins with two factors—leadership and to the bill be placed at the appropriate lion for the renovation of this prop- research. The U.S. today is the world’s place in the record. erty, making a total gift of $10 million. leader in aviation safety. However, The PRESIDING OFFICER. Without The renovations to the property will be that is not enough. We must maintain objection, it is so ordered. made by the Architect of the Capitol, that leadership and continue to pursue The bill (H.R. 1271), as amended, was as approved by the appropriate over- the best means to avoid aviation disas- read a third time and passed. sight and appropriations committees. ters. The title was amended so as to read: The Library’s film collection is cur- Over the last several years, we have A Bill to authorize the Federal Aviation rently stored in several Library or gov- stressed the need to improve security. Administration’s research, engineering, and ernment-leased sites. With this gift,

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12695 the Library intends to consolidate the million to $86 million. However, the EXPRESSING THE SENSE OF CON- storage of its audio-visual collection, Abacus study does not include cost es- GRESS RELATIVE TO GERMAN specifically its acetate film collection. timates for the Architect of the Capitol REPARATIONS TO HOLOCAUST However, the facility at Culpeper can- for the on-going maintenance and re- SURVIVORS not currently house the nitrate-based pair of the 41 acres of grounds and Mr. LOTT. Mr. President, I ask unan- film collection. While I will not object buildings that would now be owned by imous consent that the Senate proceed to passage of this legislation, I am con- the government. to the immediate consideration of cal- cerned by both the manner in which endar No. 138, S. Con. Res. 39. Thirdly, as currently structured, it is the Library presented this issue to The PRESIDING OFFICER. Without Congress and by a number of prece- not clear how this property and facili- objection, it is so ordered. The clerk dent-setting issues this gift raises ties will be managed. By statute, the will report. which have not been fully aired. Architect of the Capitol is responsible The legislative clerk read as follows: It is my understanding that the Li- for only the structural work on build- A concurrent resolution (S. Con. Res. 39) brary first identified the Culpeper ings and grounds of Library property, expressing the sense of the Congress that the property as a potential site for storage including the maintenance and care of German government should expand and sim- of a portion of its film collection sev- the grounds and certain mechanical plify its reparations system, provide repara- eral years ago. And yet, this legislation equipment. Since this site is over 70 tions to Holocaust survivors in Eastern and before us today was shared with my of- Central Europe, and set up a fund to help miles away from Washington, it may fice only last week, and was introduced cover the medical expenses of Holocaust sur- require that the Architect physically in the House and Senate over the week- vivors. end. While it is not unusual this time locate maintenance personnel there. The PRESIDING OFFICER. Is there of year to see legislation flying past But the Architect will not manage objection to the immediate consider- the Congress on its way to the White these 41 acres and buildings—that will ation of the concurrent resolution? House for signature, this measure now be the responsibility of the Li- There being no objection, the Senate raises a number of concerns that brary—hardly a task they have much proceeded to consider the concurrent should, and could, have been fully de- experience with. Moreover, as my col- resolution. bated by those who ultimately will be leagues know, the Library has its own Mr. MOYNIHAN. Mr. President, the responsible to the taxpayer for the cost security force. Presumably, this facil- German Government has long recog- of its maintenance and upkeep in the ity will also need to be secure. How- nized its moral obligation to assist the years to come. ever, in recent years, there have been survivors of the Holocaust. The land- First, and most importantly, is the discussions about the possibility of mark reparations agreements of the issue of whether the government, par- transferring certain exterior security early 1950’s between the West German Government and Jewish groups were ticularly the Library, should be in the functions of the Library security force predicated on this simple premise. Yet, business of acquiring real estate. It is to the Capitol Police. I’m not sure I rather ironic that this is being pro- as years go by, it has become increas- want our Capitol police responsible for posed at a time when the leadership in ingly apparent that a large number of taking care of the security of 41 acres the Congress is calling for privatiza- survivors, particularly those living in tion of many legislative branch func- in Culpeper. Eastern and Central Europe, were ex- tions and the sale of certain legislative I appreciate the pressure the Librar- cluded from these agreements and are branch properties. It is particularly ian feels to raise private funds to pro- now being denied assistance on the true of this property which includes vide core Library functions. However, flimsiest of technical grounds. As a re- about 41 acres, but insufficient build- any gift that the Librarian solicits ul- sult, in July Senators GRAHAM, HATCH, ings and improvements to house all of timately becomes the responsibility of and DODD joined me in introducing the Library’s audiovisual collection. I the American taxpayers. Before we sad- Senate Concurrent Resolution 39. I am don’t want to assume what the Library dle them with the maintenance, up- pleased that the Senate will take up plans to do with all this property, but keep, and overhead of additional fed- this important issue today. The need for such legislation was re- I got a pretty good idea by reading the eral buildings and prime real estate, inforced only last week. On November study the Library commissioned from there should an opportunity to fully Abacus Technology Corporation. 5, Judge Heinz Sonnenberger in Ger- The current buildings on the air these issues. Changes I sought in many upheld just 1 of 22 claims made Culpeper property can house only the this legislation will do that, even if by a group of Jewish women seeking acetate film collection. In order to con- after the fact. payment for their work as slave labor- solidate the nitrate film collection at Being from Kentucky, I know better ers at Auschwitz. The other claims the Culpeper site, the Abacus study than to look a gift horse in the mouth. were dismissed by the judge on the recommends constructing new build- But being from west Kentucky, which grounds that the women had already ings to house the nitrate collection. is hog country, I also know a pig-in-a- received compensation under Ger- And how much would such facilities poke when I see it. The Library may many’s Federal Compensation Law. cost? Over $16 million over the next 4 not be asking the American taxpayers This decision represents the German years. But a hefty building and expan- to accept a pig-in-a-poke, but with all Government’s intractable attitude toward survivors of Nazi slave labor, sion program is not all that is planned the unanswered questions, this for these 41 acres. The Abacus study however, it also presents a small win- Culpeper property is pretty darn close describes the Library’s vision with re- dow of hope for the survivors of slave to it. I’ll be sticking close to the farm gard to this audiovisual center as offer- labor who until now have been denied ing, subject to the approval of Con- over the next year, and as provided by compensation by the German Govern- gress, a cost-effective conservation this legislation, will be looking for an- ment. service for other libraries and archives. swers to these questions before approv- The German Government has contin- Whether this will require additional ing improvements and expansions on ually dealt with the survivors of Nazi buildings or is included in the Abacus this gift. persecution in a heartless, bureau- cost estimates already is not disclosed. Mr. LOTT. Mr. President, I ask unan- cratic manner, basing its decisions on A second concern that this issue imous consent that the bill be consid- technical questions and eschewing a raises is the ultimate cost to the tax- ered read the third time, and passed, moral obligation to aid all survivors payer of accepting this gift. According the motion to reconsider be laid upon regardless of past compensation, cur- to the Abacus study, the total cost for rent financial status, or amount of the table, and that any statements be renovating, maintaining and expanding pain suffered. This practice stands in placed at the appropriate place in the the Culpeper property over the 25 year sharp contrast to the generous dis- life cycle of the facility is $47 million. RECORD. ability pensions paid by the German Other alternatives identified by Abacus The bill (H.R. 2979) was read the third Government to former members of the and the Library range from about $54 time, and passed. Waffen-SS and their families. Until

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12696 CONGRESSIONAL RECORD — SENATE November 13, 1997 last year, when the German Supreme Whereas there are more than 125,000 Holo- PROVIDING FOR A CENTER FOR Court ruled that cases of compensation caust survivors living in the United States HISTORICALLY BLACK HERITAGE for slave labor could be taken up by the and approximately 500,000 living around the WITHIN FLORIDA A&M UNIVER- German courts, survivors of slave labor world; SITY had been told that they should address Whereas aging Holocaust survivors throughout the world are still suffering from Mr. LOTT. Mr. President, I ask unan- their claims to the companies that imous consent that the Senate proceed used slave labor and not the German permanent injuries suffered at the hands of the Nazis, and many are unable to afford to the consideration of S. 1559, intro- Government. Often companies had al- critically needed medical care; duced earlier today by Senators MACK ready paid a lump sum toward com- Whereas, while the German Government and GRAHAM. pensation and refused to hear further has attempted to address the needs of Holo- The PRESIDING OFFICER. Without claims, while other companies, which caust survivors, many are excluded from rep- objection, it is so ordered. had never paid claims, refused to pay arations because of onerous eligibility re- The clerk will report. them altogether. After 50 years of quirements imposed by the German Govern- The legislative clerk read as follows: avoidance, it is time for the German ment; A bill (S. 1559) to provide for the design, Government to take the opportunity Whereas the German Government often re- construction, furnishing, and equipping of a this ruling provides and address the jects Holocaust survivors’ claims on the Center for Historically Black Heritage with- issue of compensation to slave laborers grounds that the survivor did not present the in Florida A&M University. head on. claim correctly or in a timely manner, that The PRESIDING OFFICER. Is there Judge Sonnenberger’s ruling is the the survivor cannot demonstrate to the Gov- objection to the immediate consider- first time that a German court has ernment’s satisfaction that a particular ill- ation of the bill? awarded compensation to a survivor of ness or medical condition is the direct con- There being no objection, the Senate slave labor to be paid by the German sequence of persecution in a Nazi-created proceeded to consider the bill. Government. The possibility that this ghetto or concentration camp, or that the Mr. GRAHAM. Mr. President, I rise ruling is a precedent may be a bright survivor is not considered sufficiently des- today on behalf of myself and my spot in this otherwise regrettable deci- titute; friend Senator MACK to introduce legis- Whereas tens of thousands of Holocaust sion. Perhaps other survivors of slave lation authorizing the expansion of the survivors in the former Soviet Union and labor, who have never received com- Black Archives Research Center and other formerly Communist countries in Museum at the Florida Agricultural pensation from the German Govern- Eastern and Central Europe have never re- and Mechanical University in Tallahas- ment, will be emboldened by this rul- ceived reparations from Germany and a ing and bring their own cases forward. smaller number has received a token see, Florida. This progress is tempered by the rejec- amount; This legislation is significant not tion of the other 21 claims. In this re- Whereas, after more than 50 years, hun- only to the Florida A&M but to na- gard, Judge Sonnenberger’s decision dreds of thousands of Holocaust survivors tional heritage. Since 1977, the Black carries on the German Government’s continue to be denied justice and compensa- Archives at FAMU has been charged practice of overlooking humanitarian tion from the German Government; with collecting all materials reflecting considerations when judging compensa- Whereas the German Government pays the African-American presence and tion claims made by the survivors of generous disability pensions to veterans of participation regionally, nationally Nazi persecution. the Nazi armed forces, including non-German and internationally. In order to encourage a change in the veterans of the Waffen-SS; The Black Archives Research Center German Government’s position, Senate Whereas in 1996 the German Government and Museum is the largest repository Concurrent Resolution 39 urges the paid $7,700,000,000 in such pensions to 1,100,000 of African-American history in the German Government to expand and veterans, including 3,000 veterans and their Southeast. simplify its reparations system, to pro- dependents now living in the United States; In 1997, Time magazine and Princeton Whereas such pensions are a veteran’s ben- Review chose Florida A&M University vide reparations to survivors in East- efit provided over and above the full health ern and Central Europe, and to set up a as the college of the year. This recogni- coverage that all German citizens, including tion is well deserved. Since 1992, Flor- fund to help cover the medical ex- veterans of the Waffen-SS, receive from their ida A&M University has vied with Har- penses of Holocaust survivors. Al- government; and though half a century has passed since Whereas it is abhorrent that Holocaust vard in enrolling the most National the end of World War II, it is important survivors should live out their remaining Achievement Scholars. (Florida A&M to remember how many chapters years in conditions worse than those enjoyed leading in 1992 and 1995 and Harvard in opened by the devastating war remain by the surviving former Nazis who per- 1993 and 1994.) unfinished. I hope this action will help secuted them: Now, therefore, be it The Black Archives includes over 500,000 artifacts, manuscripts, art bring the issue of reparations for sur- Resolved by the Senate (the House of Rep- works and oral history tapes pre-dating vivors of Nazi persecution the fore, and resentatives concurring), That it is the sense encourage the German Government to of Congress that— the Civil War, through the early days make appropriate changes so that the (1) the German Government should expand of the civil rights movement to today. elderly survivors of the Holocaust re- and simplify its system of reparations so Unfortunately, this fine center finds ceive appropriate reparations. that all Holocaust survivors can receive rep- itself in disrepair. Mr. LOTT. Mr. President, I ask unan- arations, regardless of their nationality, The bill Senator MACK and I intro- imous consent that the concurrent res- length or place of internment, or current fi- duce today would authorize the design, olution be agreed to, the motion to re- nancial situation; and construction of a facility to better consider be laid upon the table, and (2) the German Government should provide house these priceless documents for fu- that any statements relating to the reparations to Holocaust survivors in the ture generations. Our bill would stipulate that the bill be placed at the appropriate place former Soviet Union and other former Com- munist countries in Eastern and Central Eu- State of Florida match the Federal in- in the RECORD. rope; The PRESIDING OFFICER. Without vestment dollar for dollar, making it (3) the German Government should fulfill truly a Federal-State partnership. objection, it is so ordered. its responsibilities to victims of the Holo- The concurrent resolution (S. Con. Specifically, our bill would make the caust and immediately set up a comprehen- Black Archives Research Center and Res. 39) was agreed to. sive medical fund to cover the medical ex- The preamble was agreed to. Museum eligible for up to $3.8 million penses of all Holocaust survivors worldwide; in Federal funding beginning in 1998 The concurrent resolution, with its and preamble, is as follows: and any succeeding years. (4) the German Government should help re- I ask unanimous consent that mate- S. CON. RES. 39 store the dignity of Holocaust survivors by rial relating to the Black Archives Re- Whereas the annihilation of 6,000,000 Euro- paying them sufficient reparations to ensure search Center and Museum be printed pean Jews during the Holocaust and the that no Holocaust survivor be forced by pov- murder of millions of others by the Nazi Ger- erty to live in conditions worse than those in the RECORD. man state constitutes one of the most tragic generally enjoyed by the surviving former There being no objection, the mate- episodes in the history of man’s inhumanity Nazis who persecuted them. rial was ordered to be printed in the to man; RECORD, as follows:

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12697 The BARCM is located in the oldest build- (2) To preserve this large repository of Af- (2) Ocean and coastal resources are suscep- ing on the campus of Florida A&M Univer- rican-American history and artifacts it is ap- tible to change as a direct and indirect result sity. The building was completed in 1907, propriate that the Federal Government share of human activities, and such changes can with the assistance of a $10,000 grant from in the cost of construction of this national significantly impact the ability of the Andrew Carnegie. This building is still repository for culture and history. oceans and Great Lakes to provide the bene- standing and has been placed on the National (b) DEFINITION.—In this section: fits upon which the Nation depends. Changes Register of Historic Places. (1) CENTER.—The term ‘‘Center’’ means the in ocean and coastal processes could affect The purpose of the Black Archives was set Center for Historically Black Heritage at global climate patterns, marine productivity forth in 1971 in an act of the Florida legisla- Florida A&M University. and biodiversity, environmental quality, nature that mandated the establishment of a (2) SECRETARY.—The term ‘‘Secretary’’ tional security, economic competitiveness, repository to ‘‘serve the state by collecting means the Secretary of Interior acting availability of energy, vulnerability to nat- and preserving source materials on or about through the Director of the National Park ural hazards, and transportation safety and Black Americans from the earliest begin- Service. efficiency. nings to the present.’’ (c) CONSTRUCTION OF CENTER.—The Sec- (3) Ocean and coastal resources are not in- The BARCM was formally dedicated and retary may award a grant to the State of finite, and human pressure on them is in- officially opened in 1977. Part of its scholarly Florida to pay for the Federal share of the creasing. One half of the Nation’s population and cultural responsibility is the collection cost, design, construction, furnishing, and lives within 50 miles of the coast, ocean and of any materials reflecting the Black pres- equipping of the Center at Florida A&M Uni- coastal resources once considered inexhaust- ence and participation in local, regional, na- versity. ible are now threatened with depletion, and tional and international history. The (d) GRANT REQUIREMENTS.— if population trends continue as expected, BARCM has the largest repository of African (1) IN GENERAL.—In order to receive a grant pressure on and conflicting demands for American history and artifacts in the south- awarded under subsection (c), Florida A&M ocean and coastal resources will increase east including over 500,000 artifacts, manu- University, shall submit to the Secretary a further as will vulnerability to coastal haz- scripts, art work, and oral history tapes, as proposal. ards. well as meeting and research rooms and a (2) FEDERAL SHARE.—The Federal share de- (4) Marine technologies hold tremendous mobile touring museum. scribed in subsection (c) shall be 50 percent. The Black Archives Research Center and promise for expanding the range and increas- (e) AUTHORIZATION OF APPROPRIATION.— Museum (BARCM) is presently 3000 square ing the utility of products from the oceans There is authorized to be appropriated to the feet. It is planned that the interior of the and Great Lakes, improving the stewardship Secretary of Interior to carry out this sec- present building be restored to its original of ocean and coastal resources, and contrib- tion a total of $3,800,000 for fiscal year 1998 appearance. True to the Carnegie-style ar- uting to business and manufacturing innova- and any succeeding fiscal years. Funds ap- chitectural design, the building can easily be tions and the creation of new jobs. propriated pursuant to the authority of the divided into four wings; two on the first floor (5) Marine research has uncovered the link preceding sentence shall remain available and two on the second floor. The building between oceanic and atmospheric processes until expended. which was originally the campus library and and improved understanding of world cli- post office, would be used solely as museum f mate patterns and forecasts. Important new advances, including availability of military space and would house permanent collections OCEANS ACT OF 1997 as well as traveling or touring exhibits. As technology, have made feasible the explo- such, there would only be a need for one staff Mr. NICKLES. Mr. President, I ask ration of large areas of the ocean which were person on site, a tour guide or docent. There unanimous consent that the Senate inaccessible several years ago. In desig- is also potential for housing a museum store now proceed to the consideration of nating 1998 as ‘‘The Year of the Ocean’’, the and gift shop at this location. This enter- calendar No. 288, S. 1213. United Nations highlights the value of increasing our knowledge of the oceans. prise could possibly generate revenues to- The PRESIDING OFFICER. The ward the ongoing support and maintenance (6) It has been 30 years since the Commis- of the building. The basement of the Car- clerk will report. sion on Marine Science, Engineering, and Re- negie building would be used for an edu- A bill (S. 1213) to establish a National sources (known as the Stratton Commission) cational ‘‘Underground Railroad’’ for grades Ocean Council, a Commission on Ocean Pol- conducted a comprehensive examination of K–12. icy, and for other purposes. ocean and coastal activities that led to en- With proper funding, the Carnegie building The PRESIDING OFFICER. Is there actment of major legislation and the estab- would be ‘‘connected’’ (via catwalk or objection to the immediate consider- lishment of key oceanic and atmospheric institutions. breezeway) to the larger 33,000 square foot ation of the bill? space that is proposed to be built directly be- (7) A review of existing activities is essen- hind it. The larger 33,000 square foot space There being no objection, the Senate tial to respond to the changes that have oc- would be used as a research library, an ar- proceeded to consider the bill, which curred over the past three decades and to de- chives, and as much-needed storage space. In had been reported from the Committee velop an effective new policy for the twenty- addition, work space and preservation lab- on Commerce, Science, and Transpor- first century to conserve and use sustainable oratory would be housed on the sub-level. tation, with an amendment to omit the ocean and coastal resources, protect the ma- While the Carnegie building would be used part struck through and insert the part rine environment, explore ocean frontiers, for major exhibitions and educational pro- printed in italic: protect human safety, and create marine grams, the larger and newer space would be So as to make the bill read: technologies and economic opportunities. designated almost solely for serious study (8) While significant Federal ocean and and analysis of the various collections. S. 1213 coastal programs are underway, those pro- Tours would be prohibited in the larger Be it enacted by the Senate and House of Rep- grams would benefit from a coherent na- space. resentatives of the United States of America in tional ocean and coastal policy that reflects Mr. LOTT. Mr. President, I ask unan- Congress assembled, the need for cost-effective allocation of fiscal imous consent that the bill be deemed SECTION 1. SHORT TITLE. resources, improved interagency coordination, and strengthened partnerships with read the third time, and passed, the This Act may be cited as the ‘‘Oceans Act of 1997’’. State, private, and international entities en- motion to reconsider be laid upon the SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE gaged in ocean and coastal activities. table, and that any statements related AND OBJECTIVES. (b) PURPOSE AND OBJECTIVES.—The purpose to the bill appear at this point in the (a) FINDINGS.—The Congress makes the fol- of this Act is to develop and maintain a co- RECORD. lowing findings: ordinated, comprehensive, and long-range The PRESIDING OFFICER. Without (1) Covering more than two-thirds of the national policy with respect to ocean and objection, it is so ordered. Earth’s surface, the oceans and Great Lakes coastal activities that will assist the Nation The bill (S. 1559) was deemed read the play a critical role in the global water cycle in meeting the following objectives: third time, and passed, as follows: and in regulating climate, sustain a large (1) The protection of life and property Be it enacted by the Senate and House of Rep- part of Earth’s biodiversity, provide an im- against natural and manmade hazards. resentatives of the United States of America in portant source of food and a wealth of other (2) Responsible stewardship, including use, Congress assembled, natural products, act as a frontier to sci- of fishery resources and other ocean and SECTION 1. CONSTRUCTION OF A CENTER FOR entific exploration, are critical to national coastal resources. REGIONAL BLACK CULTURE. security, and provide a vital means of trans- (3) The protection of the marine environ- (a) FINDINGS.—Congress makes the fol- portation. The coasts, transition between ment and prevention of marine pollution. lowing findings: land and open ocean, are regions of remark- (4) The enhancement of marine-related (1) Currently 500,000 historically important ably high biological productivity, contribute commerce, transportation, and national se- artifacts of the Civil War era and the early more than 30 percent of the Gross Domestic curity, and the resolution of conflicts among days of the civil rights movement in the Product, and are of considerable importance users of the marine environment. Southeast region of the United States are for recreation, waste disposal, and mineral (5) The expansion of human knowledge of housed at Florida A&M University. exploration. the marine environment including the role of

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12698 CONGRESSIONAL RECORD — SENATE November 13, 1997

the oceans in climate and global environ- (A) review significant ocean and coastal (c) FUNCTIONS.—The Council shall— mental change and the advancement of edu- activities, including plans, priorities, accom- (1) serve as the forum for developing an cation and training in fields related to ocean plishments, and infrastructure requirements; ocean and coastal policy and program, tak- and coastal activities. (B) plan and implement an integrated and ing into consideration the Commission re- (6) The continued investment in and devel- cost-effective program of ocean and coastal port, and for overseeing implementation of opment and improvement of the capabilities, activities including, but not limited to, ma- such policy and program; performance, use, and efficiency of tech- rine research, stewardship of ocean and (2) improve coordination and cooperation, nologies for use in ocean and coastal activi- coastal resources, protection of the marine and eliminate duplication, among Federal ties. environment, maritime transportation safe- agencies and departments with respect to (7) Close cooperation among all govern- ty and efficiency, the marine aspects of na- ocean and coastal activities; ment agencies and departments to ensure— tional security, marine recreation and tour- (3) work with academic, State, industry, (A) coherent regulation of ocean and coast- ism, and marine aspects of weather, climate, public interest, and other groups involved in al activities; and natural hazards; ocean and coastal activities to provide for (B) availability and appropriate allocation (C) designate responsibility for funding and periodic review of the Nation’s ocean and of Federal funding, personnel, facilities, and conducting ocean and coastal activities; and coastal policy; equipment for such activities; and (D) ensure cooperation and resolve dif- (4) cooperate with the Secretary of State (C) cost-effective and efficient operation of ferences arising from laws and regulations in— Federal departments, agencies, and pro- applicable to ocean and coastal activities (A) providing representation at inter- grams involved in ocean and coastal activi- which result in conflicts among participants national meetings and conferences on ocean ties. in such activities. and coastal activities in which the United (8) The preservation of the role of the (b) COOPERATION AND CONSULTATION.—In States participates; and United States as a leader in ocean and coast- carrying out responsibilities under this Act, (B) coordinating the Federal activities of al activities, and, when it is in the national the President and the Council may use such the United States with programs of other na- interest, the cooperation by the United staff, interagency, and advisory arrange- tions; and States with other nations and international ments as they find necessary and appropriate (5) report at least biennially on Federal organizations in ocean and coastal activities. and shall consult with non-Federal organiza- ocean and coastal programs, priorities, and SEC. 3. DEFINITIONS. tions and individuals involved in ocean and accomplishments and provide budgetary ad- As used in this Act— coastal activities. vice as specified in section 7. (1) The term ‘‘Commission’’ means the SEC. 5. NATIONAL OCEAN COUNCIL. SEC. 6. COMMISSION ON OCEAN POLICY. Commission on Ocean Policy. (a) ESTABLISHMENT.—The President shall (a) ESTABLISHMENT.— (2) The term ‘‘Council’’ means the National establish a National Ocean Council which ø(1) The President shall, within 90 days of Ocean Council. shall consist of— the enactment of this Act, establish a Com- (3) The term ‘‘marine research’’ means sci- (1) the Secretary of Commerce, who shall mission on Ocean Policy. The Commission entific exploration, including basic science, be Chairman of the Council; shall be composed of 15 members including engineering, mapping, surveying, moni- (2) the Secretary of the Navy; individuals drawn from Federal and State toring, assessment, and information manage- (3) the Secretary of State; governments, industry, academic and tech- ment, of the oceans, coasts, and Great (4) the Secretary of Transportation; nical institutions, and public interest orga- Lakes— (5) the Secretary of the Interior; nizations involved with ocean and coastal ac- (A) to describe and advance understanding (6) the Administrator of the Environ- tivities. Members shall be appointed for the of— mental Protection Agency; life of the Commission as follows: (i) the role of the oceans, coasts and Great (7) the Director of the National Science (A) 7 shall be appointed by the President of Lakes in weather and climate, natural haz- Foundation; the United States, no more than 3 of whom ards, and the processes that regulate the ma- (8) the Director of the Office of Science and may be from the executive branch of the rine environment; and Technology Policy; Government.¿ (ii) the manner in which such role, proc- (9) the Chairman of the Council on Envi- ø(B) 2 shall be appointed by the Majority esses, and environment are affected by ronmental Quality; Leader of the Senate in consultation with human actions; (10) the Chairman of the National Eco- the Chairman of the Senate Committee on (B) for the conservation, management and nomic Council; Commerce, Science, and Transportation. sustainable use of living and nonliving re- (11) the Director of the Office of Manage- (C) 2 shall be appointed by the Minority sources; and ment and Budget; and Leader of the Senate in consultation with (C) to develop and implement new tech- (12) such other Federal officers and offi- the Ranking Member of the Senate Com- nologies related to sustainable use of the cials as the President considers appropriate. mittee on Commerce, Science, and Transpor- marine environment. (b) ADMINISTRATION.— tation. (4) The term ‘‘marine environment’’ in- (1) The President or the Chairman of the (D) 2 shall be appointed by the Speaker of cludes— Council may from time to time designate the House of Representatives in consultation (A) the oceans, including coastal and off- one of the members of the Council to preside with the Chairman of the House Committee shore waters and the adjacent shore lands; over meetings of the Council during the ab- on Resources and the Chairman of the House (B) the continental shelf; sence or unavailability of such Chairman. Committee on Science. (C) the Great Lakes; and (2) Each member of the Council may des- (E) 2 shall be appointed by the Minority (D) the ocean and coastal resources there- ignate an officer of his or her agency or de- Leader of the House of Representatives in of. partment appointed with the advice and con- consultation with the Ranking Member of (5) The term ‘‘ocean and coastal activities’’ sent of the Senate to serve on the Council as the House Committee on Resources and the includes activities related to marine re- an alternate in the event of the unavoidable Ranking Member of the House Committee on search, fisheries and other ocean and coastal absence of such member. Science.¿ resource stewardship and use, marine aqua- (3) An executive secretary shall be ap- (1) The President shall, within 90 days after culture, energy and mineral resource extrac- pointed by the Chairman of the Council, with the enactment of this Act, establish a Commis- tion, national security, marine transpor- the approval of the Council. The executive sion on Ocean Policy. The Commission shall be tation, recreation and tourism, waste man- secretary shall be a permanent employee of composed of 16 members including individuals agement, pollution mitigation and preven- one of the agencies or departments rep- drawn from State and local governments, indus- tion, and natural hazard reduction. resented on the Council and shall remain in try, academic and technical institutions, and (6) The term ‘‘ocean and coastal resource’’ the employ of such agency or department. public interest organizations involved with means, with respect to the oceans, coasts, (4) For the purpose of carrying out the ocean and coastal activities. Members shall be and Great Lakes, any living or non-living functions of the Council, each Federal agen- appointed for the life of the Commission as fol- natural resource (including all forms of ani- cy or department represented on the Council lows: mal and plant life found in the marine envi- shall furnish necessary assistance to the (A) 4 shall be appointed by the President of ronment, habitat, biodiversity, water qual- Council. Such assistance may include— the United States. ity, minerals, oil, and gas) and any signifi- (A) detailing employees to the Council to (B) 4 shall be appointed by the President cho- cant historic, cultural or aesthetic resource. perform such functions, consistent with the sen from a list of 8 proposed members submitted SEC. 4. NATIONAL OCEAN AND COASTAL POLICY. purposes of this section, as the Chairman of by the Majority Leader of the Senate in con- (a) EXECUTIVE RESPONSIBILITIES.—The the Council may assign to them; and sultation with the Chairman of the Senate Com- President, with the assistance of the Council (B) undertaking, upon request of the Chair- mittee on Commerce, Science, and Transpor- and the advice of the Commission, shall— man of the Council, such special studies for tation. (1) develop and maintain a coordinated, the Council as are necessary to carry out its (C) 4 shall be appointed by the President cho- comprehensive, and long-range national pol- functions. sen from a list of 8 proposed members submitted icy with respect to ocean and coastal activi- (5) The Chairman of the Council shall have by the Speaker of the House of Representatives ties; and the authority to make personnel decisions in consultation with the Chairman of the House (2) with regard to Federal agencies and de- regarding any employees detailed to the Committee on Resources and the Chairman of partments— Council. the House Committee on Science.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00132 Fmt 0624 Sfmt 6333 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12699 (D) 2 shall be appointed by the President cho- tection of the marine environment, and Schedule under section 5332 of title 5, United sen from a list of 4 proposed members submitted ocean and coastal resource management; and States Code. by the Minority Leader of the Senate in con- (9) engage in any other preparatory work (f) ADMINISTRATION.— sultation with the Ranking Member of the Sen- deemed necessary to carry out the duties of (1) All meetings of the Commission shall be ate Committee on Commerce, Science, and the Commission pursuant to this Act. open to the public, except when the Chair- Transportation. (c) DUTIES OF CHAIRMAN.—In carrying out man of the Commission or a majority of the (E) 2 shall be appointed by the President cho- the provisions of this subsection, the Chair- members of the Commission determine that sen from a list of 4 proposed members submitted man of the Commission shall be responsible the meeting or any portion of it may be by the Minority Leader of the House in con- for— closed to the public. Interested persons shall sultation with the Ranking Member of the (1) the assignment of duties and respon- be permitted to appear at open meetings and House Committee on Resources and the Ranking sibilities among staff personnel and their present oral or written statement on the Member of the House Committee on Science. continuing supervision; and subject matter of the meeting. The Commis- (2) CHAIRMAN.—The President shall select a (2) the use and expenditures of funds avail- sion may administer oaths or affirmations to Chairman and Vice Chairman from among able to the Commission. any person appearing before it. such 15 members. (d) COMPENSATION OF MEMBERS.—Each (2) All open meetings of the Commission member of the Commission who is not an of- (3) ADVISORY MEMBERS TO THE COMMIS- shall be preceded by timely public notice in ficer or employee of the Federal Govern- SION.—The President shall appoint 4 advisory the Federal Register of the time, place, and ment, or whose compensation is not pre- members from among the Members of the subject of the meeting. cluded by a State, local, or Native American Senate and House of Representatives as fol- (3) Minutes of each meeting shall be kept tribal government position, shall be com- lows: and shall contain a record of the people pensated at a rate equal to the daily equiva- present, a description of the discussion that (A) Two Members, one from each party, se- lent of the annual rate payable for Level IV occurred, and copies of all statements filed. lected from the Senate. of the Executive Schedule under section 5315 Subject to section 552 of title 5, United (B) Two Members, one from each party, se- of title 5, United States Code, for each day States Code, the minutes and records of all lected from the House of Representatives. (including travel time) during which such meetings and other documents that were (b) FINDINGS AND RECOMMENDATIONS.—The member is engaged in the performance of the Commission shall report to the President duties of the Commission. All members of made available to or prepared for the Com- and the Congress on a comprehensive na- the Commission who are officers or employ- mission shall be available for public inspectional ocean and coastal policy to carry out ees of the United States shall serve without tion and copying at a single location in the the purpose and objectives of this Act. In de- compensation in addition to that received offices of the Commission. veloping the findings and recommendations for their services as officers or employees of (4) The Federal Advisory Committee Act (5 of the report, the Commission shall— the United States. U.S.C. App.) does not apply to the Commis- (1) review and suggest any necessary modi- (e) STAFF.— sion. fications to United States laws, regulations, (1) The Chairman of the Commission may, (g) COOPERATION WITH OTHER AGENCIES.— and practices necessary to define and imple- without regard to the civil service laws and (1) The Commission is authorized to secure ment such policy; regulations, appoint and terminate an execu- directly from any Federal agency or depart- (2) assess the condition and adequacy of in- tive director who is knowledgeable in admin- ment any information it deems necessary to vestment in existing and planned facilities istrative management and ocean and coastal carry out its functions under this Act. Each and equipment associated with ocean and policy and such other additional personnel as such agency or department is authorized to coastal activities including human re- may be necessary to enable the Commission cooperate with the Commission and, to the sources, vessels, computers, satellites, and to perform its duties. The employment and extent permitted by law, to furnish such in- other appropriate technologies and plat- termination of an executive director shall be formation to the Commission, upon the reforms; subject to confirmation by a majority of the quest of the Chairman of the Commission. (3) review existing and planned ocean and members of the Commission. (2) The Commission may use the United coastal activities of Federal agencies and de- (2) The executive director shall be com- States mails in the same manner and under partments, assess the contribution of such pensated at a rate not to exceed the rate the same conditions as other departments activities to development of an integrated payable for Level V of the Executive Sched- and agencies of the United States. long-range program for marine research, ule under section 5316 of title 5, United (3) The General Services Administration ocean and coastal resource management, and States Code. The Chairman may fix the com- shall provide to the Commission on a reim- protection of the marine environment, and pensation of other personnel without regard bursable basis the administrative support identify any such activities in need of reform to the provisions of chapter 51 and sub- services that the Commission may request. to improve efficiency and effectiveness; chapter III of chapter 53 of title 5, United (4) The Commission may enter into con- (4) examine and suggest mechanisms to ad- States Code, relating to classification of po- tracts with Federal and State agencies, pri- dress the interrelationships among ocean sitions and General Schedule pay rates, ex- vate firms, institutions, and individuals to and coastal activities, the legal and regu- cept that the rate of pay for such personnel assist the Commission in carrying out its du- latory framework in which they occur, and may not exceed the rate payable for GS–15, ties. The Commission may purchase and con- their inter-connected and cumulative effects step 7, of the General Schedule under section tract without regard to sections 303 of the on the marine environment, ocean and coast- 5332 of such title. Federal Property and Administration Serv- al resources, and marine productivity and (3) Upon request of the Chairman of the ices Act of 1949 (41 U.S.C. 253), section 18 of biodiversity; Commission, the head of any Federal Agency the Office of Federal Procurement Policy (5) review the known and anticipated de- shall detail appropriate personnel of the Act (41 U.S.C. 416), and section 8 of the Small mands for ocean and coastal resources, in- agency to the Commission to assist the Com- Business Act (15 U.S.C. 637), pertaining to cluding an examination of opportunities and mission in carrying out its functions under competition and publication requirements, limitations with respect to the use of ocean this Act. Federal Government employees de- and may arrange for printing without regard and coastal resources within the exclusive tailed to the Commission shall serve without to the provisions of title 44, United States economic zone, projected impacts in coastal reimbursement from the Commission, and Code. The contracting authority of the Com- areas, and the adequacy of existing efforts to such detailee shall retain the rights, status, mission under this Act is effective only to manage such use and minimize user con- and privileges of his or her regular employ- the extent that appropriations are available flicts; ment without interruption. for contracting purposes. (6) evaluate relationships among Federal, (4) The Commission may accept and use (h) REPORT.—The Commission shall submit State, and local governments and the private the services of volunteers serving without to the President, via the Council, and to the sector for planning and carrying out ocean compensation, and to reimburse volunteers Congress not later than 18 months after the and coastal activities and address the most for travel expenses, including per diem in establishment of the Commission, a final re- appropriate division of responsibility for lieu of subsistence, as authorized by section port of its findings and recommendations. such activities; 5703 of title 5, United States Code. Except for The Commission shall cease to exist 30 days (7) identify opportunities for the develop- the purposes of chapter 81 of title 5, United after it has submitted its final report. ment of or investment in new products, tech- States Code, relating to compensation for (i) AUTHORIZATION OF APPROPRIATIONS.— nologies, or markets that could contribute work injuries, and chapter 171 of title 28, There are authorized to be appropriated to to the objectives of this Act; United States Code, relating to tort claims, support the activities of the Commission a (8) consider the relationship of the ocean a volunteer under this section may not be total of $6,000,000 for fiscal years 1998 and and coastal policy of the United States to considered to be an employee of the United 1999. Any sums appropriated shall remain the United Nations Convention on the Law States for any purpose. available remain available without fiscal of the Sea and other international agree- (5) The Commission is authorized to pro- year limitation until expended. ments, and actions available to the United cure the temporary and intermittent serv- SEC. 7. REPORT AND BUDGET COORDINATION. States to effect collaborations between the ices of experts and consultants in accordance (a) BIENNIAL REPORT.—Beginning in Janu- United States and other nations, including with section 3109 of title 5, United States ary, 1999, the President, through the Council, the development of cooperative inter- Code, but at rates not to exceed the daily shall transmit to the Congress biennially a national programs for marine research, pro- rate payable for GS–15, step 7, of the General report, which shall include—

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12700 CONGRESSIONAL RECORD — SENATE November 13, 1997 (1) a comprehensive description of the act created the Commission on Marine Commission in the preparation of its ocean and coastal activities and related ac- Science, Engineering, and Resources, report. After the Commission com- complishments of all agencies and depart- better known as the Stratton Commis- pletes its report, the Council will take ments of the United States during the pre- sion. The Stratton Commission’s re- the Commission report into account in ceding two fiscal years; and (2) an evaluation of such activities and ac- port, ‘‘Our Nation and the Sea’’ was de- developing an implementation plan for complishments in terms of the purpose and livered in 1969 and, among its many im- a national ocean and coastal policy. objectives of this Act. Reports made under portant recommendations, led directly the National Ocean Council will also this section shall contain such recommenda- to the creation of National Oceano- cease to exist one year after the Com- tions for legislation as the President may graphic and Atmospheric Administra- mission submits its report. consider necessary or desirable. tion in 1970. Before closing, I want to commend (b) BUDGET COORDINATION.— I would note that two distinguished Senators HOLLINGS for his persistence (1) Each year the Council shall provide Rhode Islanders played leading roles in general guidance to each Federal agency or with respect to oceans and coastal pol- department involved in ocean or coastal ac- the Stratton Commission. University icy. I also want to thank him, as well tivities with respect to the preparation of re- of Rhode Island Professor Emeritus as Senators SNOWE and MCCAIN, for ad- quests for appropriations. John A. Knauss, then the Dean of the dressing my concerns in the manager’s (2) Working in conjunction with the Coun- University of Rhode Island’s Graduate amendment. cil, each agency or department involved in School of Oceanography, was a Com- Mr. HOLLINGS. Mr. President, I rise such activities shall include with its annual mission member and chaired the panel in support of Senate passage of S. 1213, request for appropriations a report which— on Environmental Monitoring and on the Oceans Act of 1997. The bill calls (A) identifies significant elements of the Management and Development of the proposed agency or department budget relat- for an action plan for the twenty-first ing to ocean and coastal activities; and Coastal Zone. Professor Emeritus century to explore, protect, and make (B) specifies how each such element con- Lewis Alexander of the University of better use of our oceans and coasts. Its tributes to the implementation of a national Rhode Island, who has had a distin- passage is, quite simply, the most im- ocean and coastal policy. guished career in government and aca- portant step we can take today to en- (3) Each agency or department that sub- demia, was the Commission’s Deputy sure the future of our oceans and mits a report under paragraph (1) shall sub- Director. I expect that the Rhode Is- coasts. mit such report simultaneously to the Coun- landers will play key roles in the new cil. I thank my colleagues for their sup- Stratton Commission. port, in particular, the leadership of (4) The President shall, in a timely fashion, The value of our oceans and coastal provide the Council with an opportunity to the Commerce Committee, Senators areas cannot be underestimated. More review and comment on the budget estimate MCCAIN and SNOWE, for their cospon- than half of the United States popu- of each such agency or department. sorship and their efforts over the last lation lives in or near a coastal area. (5) The President shall identify in each an- several weeks to bring this bill to the The commercial fishing industry alone, nual budget submitted to the Congress under floor. Following in the Commerce Com- section 1105 of title 31, United States Code, which depends on these areas, contrib- mittee tradition with respect to ocean those elements of each agency or department utes $111 billion dollars per year to the issues, this has been a bipartisan proc- budget that contribute to the implementa- national economy. Moreover, oceans ess. I also thank the other cosponsors tion of a national ocean and coastal policy. are the lifeblood of the world. The of the legislation, Senators STEVENS, SEC. 8. REPEAL OF 1966 STATUTE. health of our marine resources is inter- KERRY, BREAUX, INOUYE, KENNEDY, The Marine Resources and Engineering De- twined with that of ecosystems velopment Act of 1966 (33 U.S.C. 1101 et seq.) BOXER, BIDEN, LAUTENBERG, AKAKA, is repealed. throughout the world. The purpose of the bill before us is to MURKOWSKI, THURMOND, and MURRAY AMENDMENT NO. 1639 develop and maintain a comprehensive for their continued support. Finally, I (Purpose: To modify the bill as reported) national policy for our oceans and want to express my appreciation to the Mr. NICKLES. Mr. President, I send coastal areas. A national ocean policy numerous academic, environmental, an amendment to the desk on behalf of includes a broad range of issues from and industry groups who agree that the Ms. SNOWE and ask for its immediate commerce, environmental protection, time has come for this bill. consideration. scientific research, to national secu- The legislation that is before the The PRESIDING OFFICER. The rity. To that end, the bill establishes a Senate today is a substitute by Sen- clerk will report. 16-member National Ocean Commis- ator SNOWE and myself, that reflects The legislative clerk read as follows: sion, which will be assisted by an inter- the comments received from the ad- The Senator from Oklahoma [Mr. NICK- agency National Ocean Council, in de- ministration and concerns expressed by LES], for Ms. SNOWE and Mr. HOLLINGS, pro- veloping and making recommendations Senator CHAFEE and others. The essen- poses an amendment numbered 1639. to Congress for a national oceans pol- tial elements of the bill remain the Mr. NICKLES. Mr. President, I ask icy. same as the committee-reported unanimous consent that reading of the As originally reported by the Com- version and would establish two new amendment be dispensed with. mittee on Commerce, Science and entities. First is a 16-member Commis- The PRESIDING OFFICER. Without Technology, the creation of the Na- sion on Ocean Policy (Commission) to objection, it is so ordered. tional Ocean Council, raised two con- provide recommendations for a na- (The text of the amendment is print- cerns. First, how would the National tional ocean and coastal policy. Second ed in today’s RECORD under ‘‘Amend- Ocean Council affect the execution of is the National Ocean Council (Coun- ments Submitted.’’) existing environmental laws? Second, cil), a high-level Federal interagency Mr. CHAFEE. Mr. President, I rise is it timely now to create a permanent working group to advise the President today in support of S. 1213, the Oceans Council prior to the report of the inde- and the Commission, assist in policy Act of 1997 and to thank the bill’s prin- pendent National Ocean Commission development and implementation, and cipal sponsors for addressing my con- created in the bill? coordinate Federal programs relating cerns. This legislation has broad, bipar- The manager’s amendment that is to ocean and coastal activities. tisan support and as the senior Senator before us to day answers both of these The changes made by the Snowe-Hol- from the Ocean State, I am glad the questions. Any possible ambiguity re- lings substitute focus primarily on ad- United States Senate will be on the garding the National Ocean Council’s dressing concerns expressed regarding record on ocean and coastal policy as role is resolved. Existing responsibil- the establishment of the Council. Over we enter 1998, which the United Nation ities under federal law are unaffected. the past two weeks, the National Secu- has designated as the ‘‘Year of the I was concerned creation of a perma- rity Council and the Department of Ocean.’’ nent Council now would unduly con- Commerce have worked under Sec- The Oceans Act of 1997 is a signifi- strain the Commission’s recommenda- retary Daley’s able leadership to pull cant bill. Its 1966 predecessor, the Ma- tions. The manager’s amendment together the views of the numerous rine Resources and Engineering Devel- makes it clear, however, that the Na- Federal entities involved in ocean and opment Act, was one of the seminal de- tional Ocean Council’s function is to coastal activities. The results of that velopments in environmental law. The assist the independent National Ocean effort are reflected in the amendment,

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12701 and I am including a letter from Sec- We need to do a better job of man- A re-examination of national policies retary Daley expressing the adminis- aging and using marine resources as is also essential to maintain U.S. lead- tration’s support for S. 1213 following demonstrated by fish kills, oil spills, ership on international ocean issues. my statement. At Senator CHAFEE’s re- the invasion of zebra mussels, and the On November 16, 1994, the U.N. Conven- quest, we also have agreed to sunset death of thousands of marine animals tion on the Law of the Sea entered into the Council one year after the Commis- from marine plastic debris. We have force for most countries of the world. sion completes its report. As we have fallen short in defending our shores and Although the United States has accept- discussed with both the administration waters. In recent years, New England ed most provisions of the treaty as cus- and Senator CHAFEE, the purpose of the has struggled with the collapse of their tomary international law and 120 other Council is to ensure coordinated input traditional cod, haddock, and flounder. nations are party, U.S. ratification re- by Federal agencies and departments In other regions, overfished stocks in- mains in question. At issue is whether in the development and implementa- clude sharks, swordfish, bluefin tuna, changes made to the treaty in 1994 ade- tion of a national ocean and coastal salmon, red snapper, grouper, and quately correct the seabed mining pro- policy. The Council is intended to pro- weakfish. Restoring fisheries could add visions that the United States has op- vide an important forum for adminis- an estimated $2.9 billion to the econ- posed for twelve years. tration ocean policy discussions, not to omy each year. However, we are allow- The last 31 years have brought great supersede other ongoing coordination ing about 20,000 acres of coastal wet- changes to our oceans and coast. Our mechanisms like the interagency lands, important fish habitat, to dis- nation needs to reexamine our policies working group on international ocean appear each year. Louisiana alone has and programs so that we can continue policy, nor to interfere with ongoing lost half a million acres of wetlands to explore, protect, and sustainably use Federal activities under existing law. since the mid 1950’s. ocean resources now and throughout The changes made by the substitute Environmental threats to the oceans the twenty-first century. The Oceans should clarify that intent, and if, based are growing increasingly complex. This Act of 1997 will guide us through that on experience and the Commission rec- past summer, local newspapers re- process with the vision it demands. I ommendations, the Council proves to ported daily on Pfiesteria, the tiny kill- urge the Senate to pass S. 1213. be an effective long-term mechanism er cell wreaking havoc in the Chesa- I ask unanimous consent a letter for coordinating Federal ocean activi- peake Bay and North Carolina. Thou- ties, it could be extended either admin- dated November 9, 1997 from the Sec- sands of fish were killed—literally retary of Commerce be printed in the istratively or legislatively. eaten alive by this toxic organism—and RECORD. In 1966, Congress enacted the Marine some fishermen, swimmers, boaters, There being no objection, the letter Resources and Engineering Develop- and scientists exposed to the cell expe- was ordered to be printed in the ment Act (1966 Act). This bill would up- rienced memory loss, skin lesions, and RECORD, as follows: date and replace that legislation. The other troubling symptoms. Scientists 1966 Act established the Stratton Com- suspect everything from inadequate THE SECRETARY OF COMMERCE, mission whose report, ‘‘Our Nation and city sewage plants to farm manure and Washington, DC, November 9, 1997. the Sea,’’ defined national objectives Hon. JOHN MCCAIN, fertilizer runoff. The technical, legal, Chairman, Committee on Commerce, Science and and programs with respect to the and management tools to address oceans and in conjunction with the 1966 Transportation, U.S. Senate, Washington, Pfiesteria may exist collectively within Act laid the foundation for U.S. ocean DC. a variety of federal and state agencies. and coastal policy and programs, guid- DEAR MR. CHAIRMAN: The purpose of this However, we currently lack a struc- letter is to provide the Administration’s ing their development for three dec- tured and effective means to bring this views on the Oceans Act of 1997 (S. 1213) as ades. reported by the Senate Committee on Com- While the Stratton Commission dis- expertise to bear on the problem. ˜ merce, Science and Transportation. As you played broad vision, the world has Another challenge is El Nino, the cy- clical warming of ocean waters off the prepare to bring the bill to the Senate floor, changed in numerous ways since 1966. your consideration of the Administration’s The U.S. legal and bureaucratic frame- western coast of South America. The views would be appreciated. work related to the oceans has grown warming results in significant shifts in The Committee has developed a bill that enormously in the past 30 years. In weather patterns, including rainfall supports and furthers the Administration’s 1966, there was no NOAA, no Environ- and temperatures in the United States ocean policy goals. The Administration has mental Protection Agency, and no laws and elsewhere. Experts estimate that in place robust interagency mechanisms for like the Clean Water Act, Endangered an additional 150 Americans die in coordinating ocean policy issues. We believe storms and flooding in El Nin˜ o years. that the bill, as modified by the Manager’s Species Act, the Marine Mammal Pro- Amendment that was recently provided to tection Act, the Marine Protection, Re- While El Nin˜ o is a natural phe- nomenon, human effects on the oceans us, would be consistent with, and assist in search, and Sanctuaries Act, the Mag- achieving, the Administration’s domestic nuson-Stevens Fishery Conservation and atmosphere may increase its mag- ocean policy objectives. Accordingly, the Ad- and Management Act, or the Oil Pollu- nitude and frequency. Advanced fore- ministration supports Senate passage of S. tion Act. Today people who work and casts could reduce by up to $1 billion 1213, as modified by the Manager’s Amend- live on the water face a patchwork of the agricultural, economic, and social ment. confusing and sometimes contradictory impacts resulting from El Nin˜ o. In ad- We have been advised by the Office of Man- federal and state regulations. Fisher- dition, action to reduce global warming agement and Budget that there is no objec- men tell me they need a law degree to and other changes to the oceans and tion to the submission of this letter to the atmosphere may reduce the severity of Congress from the standpoint of the program go fishing. This bill will allow us to re- of the President. duce conflicts while maintaining envi- future El Nin˜ o events. We have an opportunity to take eco- Sincerely, ronmental and health safeguards. WILLIAM M. DALEY. Oceans and coasts face pressures nomic and scientific advantage of re- today that the authors of the 1966 Act cent technological advances related to Mr. NICKLES. Mr. President, I ask could not have foreseen. Today, over 50 the oceans. Today, we still have ex- unanimous consent that the amend- percent of the U.S. population lives in plored only a tiny fraction of the sea, ment be agreed to, that the bill be con- coastal areas which account for less but with the use of new technologies sidered read the third time, and passed, than 10 percent of our land area. By the what we have found is truly incredible. as amended, and that any statements year 2010, 127 million people, an esti- For example, hydrothermal vents, hot relating to the bill appear at this point mated 60 percent of Americans, will water geysers on the deep ocean floor, in the RECORD. live along the coast. Greater under- were discovered just 20 years ago by The PRESIDING OFFICER. Without standing of ocean and coastal eco- oceanographers trying to understand objection, it is so ordered. systems and improved management are the formation of the earth’s crust. Now The amendment (No. 1639) was agreed essential to maintain healthy coasts this discovery has led to the identifica- to. and to prepare for and protect commu- tion of nearly 300 new types of marine The bill (S. 1213 ) was considered read nities from natural hazards like hurri- animals with untold pharmaceutical the third time, and passed, as amended, canes. and biomedical potential. as follows:

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12702 CONGRESSIONAL RECORD — SENATE November 13, 1997 S. 1213 ocean and coastal activities that led to en- (1) The term ‘‘Commission’’ means the Be it enacted by the Senate and House of Rep- actment of major legislation and the estab- Commission on Ocean Policy. resentatives of the United States of America in lishment of key oceanic and atmospheric in- (2) The term ‘‘Council’’ means the National Congress assembled, stitutions. Ocean Council. SECTION 1. SHORT TITLE. (8) A review of existing activities is essen- (3) The term ‘‘marine environment’’ in- This Act may be cited as the ‘‘Oceans Act tial to respond to the changes that have oc- cludes— of 1997’’. curred over the past three decades and to de- (A) the oceans, including coastal and off- velop an effective new policy for the twenty- shore waters and the adjacent shore lands; SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE AND OBJECTIVES. first century to conserve and use, in a sus- (B) the continental shelf; (a) FINDINGS.—The Congress makes the fol- tainable manner, ocean and coastal re- (C) the Great Lakes; and lowing findings: sources, protect the marine environment, ex- (D) the ocean and coastal resources there- (1) Covering more than two-thirds of the plore ocean frontiers, protect human safety, of. Earth’s surface, the oceans and Great Lakes and create marine technologies and eco- (4) The term ‘‘ocean and coastal activities’’ play a critical role in the global water cycle nomic opportunities. includes activities related to oceanography, and in regulating climate, sustain a large (9) Changes in United States laws and poli- fisheries and other ocean and coastal re- part of Earth’s biodiversity, provide an im- cies since the Stratton Commission, such as source stewardship and use, marine aqua- the enactment of the Coastal Zone Manage- culture, energy and mineral resource extrac- portant source of food and a wealth of other ment Act, have increased the role of the tion, marine transportation, recreation and natural products, act as a frontier to sci- States in the management of ocean and tourism, waste management, pollution miti- entific exploration, are critical to national coastal resources. gation and prevention, and natural hazard security, and provide a vital means of trans- (10) While significant Federal and State reduction. portation. The coasts, transition between ocean and coastal programs are underway, (5) The term ‘‘ocean and coastal resource’’ land and open ocean, are regions of remark- those Federal programs would benefit from a means, with respect to the oceans, coasts, ably high biological productivity, contribute coherent national ocean and coastal policy and Great Lakes, any living or non-living more than 30 percent of the Gross Domestic that reflects the need for cost-effective allo- natural resource (including all forms of ani- Product, and are of considerable importance cation of fiscal resources, improved inter- mal and plant life found in the marine envi- for recreation, waste disposal, and mineral agency coordination, and strengthened part- ronment, habitat, biodiversity, water qual- exploration. nerships with State, private, and inter- ity, minerals, oil, and gas) and any signifi- (2) Ocean and coastal resources are suscep- national entities engaged in ocean and coast- cant historic, cultural or aesthetic resource. tible to change as a direct and indirect result al activities. (6) The term ‘‘oceanography’’ means sci- of human activities, and such changes can (b) PURPOSE AND OBJECTIVES.—The purpose entific exploration, including marine sci- significantly impact the ability of the of this Act is to develop and maintain, con- entific research, engineering, mapping, sur- oceans and Great Lakes to provide the bene- sistent with the obligations of the United veying, monitoring, assessment, and infor- fits upon which the Nation depends. Changes States under international law, a coordi- mation management, of the oceans, coasts, in ocean and coastal processes could affect nated, comprehensive, and long-range na- and Great Lakes— global climate patterns, marine productivity tional policy with respect to ocean and (A) to describe and advance understanding and biodiversity, environmental quality, na- coastal activities that will assist the Nation of— tional security, economic competitiveness, in meeting the following objectives: (i) the role of the oceans, coasts and Great availability of energy, vulnerability to nat- (1) The protection of life and property Lakes in weather and climate, natural haz- ural hazards, and transportation safety and against natural and manmade hazards. ards, and the processes that regulate the ma- efficiency. (2) Responsible stewardship, including use, rine environment; and (3) Ocean and coastal resources are not in- of fishery resources and other ocean and (ii) the manner in which such role, proc- finite, and human pressure on them is in- coastal resources. esses, and environment are affected by creasing. One half of the Nation’s population (3) The protection of the marine environ- human actions; lives within 50 miles of the coast, ocean and ment and prevention of marine pollution. (B) for the conservation, management and coastal resources once considered inexhaust- (4) The enhancement of marine-related sustainable use of living and nonliving re- ible are now threatened with depletion, and commerce and transportation, the resolution sources; and if population trends continue as expected, of conflicts among users of the marine envi- (C) to develop and implement new tech- pressure on and conflicting demands for ronment, and the engagement of the private nologies related to sustainable use of the ocean and coastal resources will increase sector in innovative approaches for sustain- marine environment. further as will vulnerability to coastal haz- able use of marine resources. SEC. 4. NATIONAL OCEAN AND COASTAL POLICY. (5) The expansion of human knowledge of ards. (a) EXECUTIVE RESPONSIBILITIES.—The (4) Marine transportation is key to United the marine environment including the role of President, with the assistance of the Council States participation in the global economy the oceans in climate and global environ- and the advice of the Commission, shall— and to the wide range of activities carried mental change and the advancement of edu- (1) develop and maintain a coordinated, out in ocean and coastal regions. Inland wa- cation and training in fields related to ocean comprehensive, and long-range national pol- terway and ports are the link between ma- and coastal activities. icy with respect to ocean and coastal activi- rine activities in ocean and coastal regions (6) The continued investment in and devel- ties consistent with obligations of the and the supporting transportation infra- opment and improvement of the capabilities, United States under international law; and structure ashore. International trade is ex- performance, use, and efficiency of tech- (2) with regard to Federal agencies and de- pected to triple by 2020. The increase has the nologies for use in ocean and coastal activi- partments— potential to outgrow— ties. (A) review significant ocean and coastal (A) the capabilities of the marine transpor- (7) Close cooperation among all govern- activities, including plans, priorities, accom- tation system to ensure safety; and ment agencies and departments to ensure— plishments, and infrastructure requirements; (B) the existing capacity of ports and wa- (A) coherent regulation of ocean and coast- (B) plan and implement an integrated and terways. al activities; cost-effective program of ocean and coastal (5) Marine technologies hold tremendous (B) availability and appropriate allocation activities including, but not limited to, promise for expanding the range and increas- of Federal funding, personnel, facilities, and oceanography, stewardship of ocean and ing the utility of products from the oceans equipment for such activities; and coastal resources, protection of the marine and Great Lakes, improving the stewardship (C) cost-effective and efficient operation of environment, maritime transportation safe- of ocean and coastal resources, and contrib- Federal departments, agencies, and pro- ty and efficiency, marine recreation and uting to business and manufacturing innova- grams involved in ocean and coastal activi- tourism, and marine aspects of weather, cli- tions and the creation of new jobs. ties. mate, and natural hazards; (6) Research has uncovered the link be- (8) The enhancement of partnerships with (C) designate responsibility for funding and tween oceanic and atmospheric processes and State and local governments with respect to conducting ocean and coastal activities; and improved understanding of world climate oceans and coastal activities, including the (D) ensure cooperation and resolve dif- patterns and forecasts. Important new ad- management of ocean and coastal resources ferences arising from laws and regulations vances, including availability of military and identification of appropriate opportuni- applicable to ocean and coastal activities technology, have made feasible the explo- ties for policy-making and decision-making which result in conflicts among participants ration of large areas of the ocean which were at the State and local level. in such activities. inaccessible several years ago. In desig- (9) The preservation of the role of the (b) COOPERATION AND CONSULTATION.—In nating 1998 as ‘‘The Year of the Ocean’’, the United States as a leader in ocean and coast- carrying out responsibilities under this Act, United Nations highlights the value of in- al activities, and, when it is in the national the President may use such staff, inter- creasing our knowledge of the oceans. interest, the cooperation by the United agency, and advisory arrangements as the (7) It has been 30 years since the Commis- States with other nations and international President finds necessary and appropriate sion on Marine Science, Engineering, and Re- organizations in ocean and coastal activities. and shall consult with non-Federal organiza- sources (known as the Stratton Commission) SEC. 3. DEFINITIONS. tions and individuals involved in ocean and conducted a comprehensive examination of As used in this Act— coastal activities.

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SEC. 5. NATIONAL OCEAN COUNCIL. (1) IN GENERAL.—The President shall, with- long-range program for oceanography, ocean (a) ESTABLISHMENT.—The President shall in 90 days after the enactment of this Act, and coastal resource management, and pro- establish a National Ocean Council and ap- establish a Commission on Ocean Policy. The tection of the marine environment, and iden- point a Chairman from among its members. Commission shall be composed of 16 mem- tify any such activities in need of reform to The Council shall consist of— bers including individuals drawn from State improve efficiency and effectiveness; (1) the Secretary of Commerce; and local governments, industry, academic (4) examine and suggest mechanisms to ad- (2) the Secretary of Defense; and technical institutions, and public inter- dress the interrelationships among ocean (3) the Secretary of State; est organizations involved with ocean and and coastal activities, the legal and regu- (4) the Secretary of Transportation; coastal activities. Members shall be ap- latory framework in which they occur, and (5) the Secretary of the Interior; pointed for the life of the Commission as fol- their inter-connected and cumulative effects (6) the Attorney General; lows: on the marine environment, ocean and coast- (7) the Administrator of the Environ- (A) 4 shall be appointed by the President of al resources, and marine productivity and mental Protection Agency; the United States. biodiversity; (8) the Director of the National Science (B) 4 shall be appointed by the President (5) review the known and anticipated de- Foundation; chosen from a list of 8 proposed members mands for ocean and coastal resources, in- (9) the Director of the Office of Science and submitted by the Majority Leader of the cluding an examination of opportunities and Technology Policy; Senate in consultation with the Chairman of limitations with respect to the use of ocean (10) the Chairman of the Council on Envi- the Senate Committee on Commerce, and coastal resources within the exclusive ronmental Quality; Science, and Transportation. economic zone, projected impacts in coastal (11) the Chairman of the National Eco- (C) 4 shall be appointed by the President areas, and the adequacy of existing efforts to nomic Council; chosen from a list of 8 proposed members manage such use and minimize user con- (12) the Director of the Office of Manage- submitted by the Speaker of the House of flicts; ment and Budget; and Representatives in consultation with the (6) evaluate relationships among Federal, (13) such other Federal officers and offi- Chairman of the House Committee on Re- State, and local governments and the private cials as the President considers appropriate. sources. sector for planning and carrying out ocean (b) ADMINISTRATION.— (D) 2 shall be appointed by the President and coastal activities and address the most (1) The President or the Chairman of the chosen from a list of 4 proposed members appropriate division of responsibility for Council may from time to time designate submitted by the Minority Leader of the such activities; one of the members of the Council to preside Senate in consultation with the Ranking (7) identify opportunities for the develop- over meetings of the Council during the ab- Member of the Senate Committee on Com- ment of or investment in new products, tech- sence or unavailability of such Chairman. merce, Science, and Transportation. nologies, or markets that could contribute (2) Each member of the Council may des- (E) 2 shall be appointed by the President to the objectives of this Act; ignate an officer of his or her agency or de- chosen from a list of 4 proposed members (8) consider the relationship of the ocean partment appointed with the advice and con- submitted by the Minority Leader of the and coastal policy of the United States to sent of the Senate to serve on the Council as House in consultation with the Ranking the United Nations Convention on the Law Member of the House Committee on Re- an alternate in the event of the unavoidable of the Sea and other international agree- sources. absence of such member. ments, and actions available to the United (2) FIRST MEETING.—The Commission shall (3) An executive secretary shall be ap- States to effect collaborations between the hold its first meeting within 30 days after it pointed by the Chairman of the Council, with United States and other nations, including is established. the approval of the Council. The executive the development of cooperative inter- (3) CHAIRMAN.—The President shall select a secretary shall be a permanent employee of national programs for oceanography, protec- Chairman from among such 16 members. Be- one of the agencies or departments rep- tion of the marine environment, and ocean fore selecting the Chairman, the President is resented on the Council and shall remain in and coastal resource management; and requested to consult with the Majority and the employ of such agency or department. (9) engage in any other preparatory work Minority Leaders of the Senate, the Speaker (4) For the purpose of carrying out the deemed necessary to carry out the duties of of the House of Representatives, and the Mi- functions of the Council, each Federal agen- the Commission pursuant to this Act. nority Leader of the House of Representa- cy or department represented on the Council tives. (c) DUTIES OF CHAIRMAN.—In carrying out shall furnish necessary assistance to the the provisions of this subsection, the Chair- (4) ADVISORY MEMBERS.—In addition, the Council. Such assistance may include— Commission shall have 4 Members of Con- man of the Commission shall be responsible (A) detailing employees to the Council to gress, who shall serve as advisory members. for— perform such functions, consistent with the One of the advisory members shall be ap- (1) the assignment of duties and respon- purposes of this section, as the Chairman of pointed by the Speaker of the House of Rep- sibilities among staff personnel and their the Council may assign to them; and resentatives. One of the advisory members continuing supervision; and (B) undertaking, upon request of the Chair- shall be appointed by the minority leader of (2) the use and expenditures of funds avail- man of the Council, such special studies for the House of Representatives. One of the ad- able to the Commission. the Council as are necessary to carry out its visory members shall be appointed by the (d) COMPENSATION OF MEMBERS.—Each functions. majority leader of the Senate. One of the ad- member of the Commission who is not an of- (5) The Chairman of the Council shall have visory members shall be appointed by the ficer or employee of the Federal Govern- the authority to make personnel decisions minority leader of the Senate. The advisory ment, or whose compensation is not pre- regarding any employees detailed to the members shall not participate, except in an cluded by a State, local, or Native American Council. advisory capacity, in the formulation of the tribal government position, shall be com- (c) FUNCTIONS.—The Council shall— findings and recommendations of the Com- pensated at a rate equal to the daily equiva- (1) assist the Commission in completing its mission. lent of the annual rate payable for Level IV report under section 6; (b) FINDINGS AND RECOMMENDATIONS.—The of the Executive Schedule under section 5315 (2) serve as the forum for developing an im- Commission shall report to the President of title 5, United States Code, for each day plementation plan for a national ocean and and the Congress on a comprehensive na- (including travel time) during which such coastal policy and program, taking into con- tional ocean and coastal policy to carry out member is engaged in the performance of the sideration the Commission report; the purpose and objectives of this Act. In de- duties of the Commission. All members of (3) improve coordination and cooperation, veloping the findings and recommendations the Commission who are officers or employ- and eliminate duplication, among Federal of the report, the Commission shall— ees of the United States shall serve without agencies and departments with respect to (1) review and suggest any necessary modi- compensation in addition to that received ocean and coastal activities; and fications to United States laws, regulations, for their services as officers or employees of (4) assist the President in the preparation and practices necessary to define and imple- the United States. of the first report required by section 7(a). ment such policy, consistent with the obliga- (e) STAFF.— (d) SUNSET.—The Council shall cease to tions of the United States under inter- (1) The Chairman of the Commission may, exist one year after the Commission has sub- national law; without regard to the civil service laws and mitted its final report under section 6(h). (2) assess the condition and adequacy of in- regulations, appoint and terminate an execu- (e) SAVINGS PROVISION.— vestment in existing and planned facilities tive director who is knowledgeable in admin- (1) Council activities are not intended to and equipment associated with ocean and istrative management and ocean and coastal supersede or interfere with other Executive coastal activities including human re- policy and such other additional personnel as Branch mechanisms and responsibilities. sources, vessels, computers, satellites, and may be necessary to enable the Commission (2) Nothing in this Act has any effect on other appropriate technologies and plat- to perform its duties. The employment and the authority or responsibility of any Fed- forms; termination of an executive director shall be eral officer or agency under any other Fed- (3) review existing and planned ocean and subject to confirmation by a majority of the eral law. coastal activities of Federal agencies and de- members of the Commission. SEC. 6. COMMISSION ON OCEAN POLICY. partments, assess the contribution of such (2) The executive director shall be com- (a) ESTABLISHMENT.— activities to development of an integrated pensated at a rate not to exceed the rate

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12704 CONGRESSIONAL RECORD — SENATE November 13, 1997 payable for Level V of the Executive Sched- formation to the Commission, upon the re- proceed to the immediate consider- ule under section 5316 of title 5, United quest of the Chairman of the Commission. ation of H.R. 2476, which was received States Code. The Chairman may fix the com- (2) The Commission may use the United from the House. pensation of other personnel without regard States mails in the same manner and under The PRESIDING OFFICER. Without to the provisions of chapter 51 and sub- the same conditions as other departments chapter III of chapter 53 of title 5, United and agencies of the United States. objection, it is so ordered. States Code, relating to classification of po- (3) The General Services Administration The clerk will report. sitions and General Schedule pay rates, ex- shall provide to the Commission on a reim- A bill (H.R. 2476) to amend title 49, United cept that the rate of pay for such personnel bursable basis the administrative support States Code, to require the National Trans- may not exceed the rate payable for GS–15, services that the Commission may request. portation Safety Board and individual for- step 7, of the General Schedule under section (4) The Commission may enter into con- eign air carriers to address the needs of fami- 5332 of such title. tracts with Federal and State agencies, pri- lies of passengers involved in aircraft acci- (3) Upon request of the Chairman of the vate firms, institutions, and individuals to dents involving foreign air carriers. Commission, after consulting with the head assist the Commission in carrying out its du- The PRESIDING OFFICER. Is there of the Federal agency concerned, the head of ties. The Commission may purchase and con- objection to the immediate consider- any Federal Agency shall detail appropriate tract without regard to section 303 of the ation of the bill? personnel of the agency to the Commission Federal Property and Administration Serv- to assist the Commission in carrying out its ices Act of 1949 (41 U.S.C. 253), section 18 of There being no objection, the Senate functions under this Act. Federal Govern- the Office of Federal Procurement Policy proceeded to consider the bill. ment employees detailed to the Commission Act (41 U.S.C. 416), and section 8 of the Small Mr. MCCAIN. Mr. President, I am shall serve without reimbursement from the Business Act (15 U.S.C. 637), pertaining to pleased that the Senate has turned to Commission, and such detailee shall retain competition and publication requirements, H.R. 2476, the Foreign Air Carrier Fam- the rights, status, and privileges of his or her and may arrange for printing without regard ily Support Act. I urge its immediate regular employment without interruption. to the provisions of title 44, United States adoption. H.R. 2476 is virtually iden- (4) The Commission may accept and use Code. The contracting authority of the Com- tical to legislation that I introduced the services of volunteers serving without mission under this Act is effective only to compensation, and to reimburse volunteers the extent that appropriations are available earlier in the year, and that the Com- for travel expenses, including per diem in for contracting purposes. merce Committee approved in Sep- lieu of subsistence, as authorized by section (h) REPORT.—The Commission shall submit tember. I commend my committee col- 5703 of title 5, United States Code. Except for to the President, via the Council, and to the leagues—especially Senators GORTON, the purposes of chapter 81 of title 5, United Congress not later than 18 months after the HOLLINGS, and FORD—for working with States Code, relating to compensation for establishment of the Commission, a final re- me on this issue. In particular, I want work injuries, and chapter 171 of title 28, port of its findings and recommendations. to recognize Representative UNDER- United States Code, relating to tort claims, The Commission shall cease to exist 30 days WOOD, who spearheaded this effort in a volunteer under this section may not be after it has submitted its final report. considered to be an employee of the United (i) AUTHORIZATION OF APPROPRIATIONS.— the House. States for any purpose. There are authorized to be appropriated to It was the tragic crash of Korean Air (5) To the extent that funds are available, support the activities of the Commission a Flight 801 in Guam that brought the and subject to such rules as may be pre- total of up to $6,000,000 for fiscal years 1998 need for this legislation into focus. The scribed by the Commission, the executive di- and 1999. Any sums appropriated shall re- bill would require a foreign air carrier rector of the Commission may procure the main available without fiscal year limita- that wants permission to operate in temporary and intermittent services of ex- tion until the Commission ceases to exist. the United States to develop a family perts and consultants in accordance with SEC. 7. REPORT AND BUDGET COORDINATION. assistance plan, in the event of an acci- section 3109 of title 5, United States Code, (a) BIENNIAL REPORT.—Beginning in Janu- but at rates not to exceed the daily rate pay- dent on U.S. soil. ary, 1999, the President shall transmit to the Specifically, the foreign air carrier able for GS–15, step 7, of the General Sched- Congress biennially a report, which shall in- ule under section 5332 of title 5, United clude— would be required to provide the Sec- States Code. (1) a comprehensive description of the retary of Transportation and the chair- (f) ADMINISTRATION.— ocean and coastal activities (and budgets) man of the National Transportation (1) All meetings of the Commission shall be and related accomplishments of all agencies Safety Board [NTSB] with a plan for open to the public, except that a meeting or and departments of the United States during addressing the needs of the families of any portion of it may be closed to the public the preceding two fiscal years; and passengers involved in an aircraft acci- if it concerns matters or information de- (2) an evaluation of such activities (and dent that involves an aircraft under scribed in section 552b(c) of title 5, United budgets) and accomplishments in terms of the control of that foreign air carrier, States Code. Interested persons shall be per- the purpose and objectives of this Act. Re- mitted to appear at open meetings and ports made under this section shall contain and that involves a significant loss of present oral or written statement on the such recommendations for legislation as the life. The Secretary could not grant per- subject matter of the meeting. The Commis- President may consider necessary or desir- mission for the foreign air carrier to sion may administer oaths or affirmations to able. operate in the United States unless the any person appearing before it. (b) BUDGET COORDINATION.— Secretary had received a sufficient (2) All open meetings of the Commission (1) Each year the President shall provide family assistance plan. shall be preceded by timely public notice in general guidance to each Federal agency or The requisite family assistance plan the Federal Register of the time, place, and department involved in ocean or coastal ac- would include a reliable, staffed toll- subject of the meeting. tivities with respect to the preparation of re- (3) Minutes of each meeting shall be kept quests for appropriations. free number for the passengers’ fami- and shall contain a record of the people (2) Each agency or department involved in lies, and a process for expedient family present, a description of the discussion that such activities shall include with its annual notification prior to public notice of occurred, and copies of all statements filed. request for appropriations a report which— the passengers’ identities. An NTSB Subject to section 552 of title 5, United (A) identifies significant elements of the employee would serve as director of States Code, the minutes and records of all proposed agency or department budget relat- family support services, with the as- meetings and other documents that were ing to ocean and coastal activities; and sistance of an independent nonprofit made available to or prepared for the Com- (B) specifies how each such element con- organization with experience in disas- mission shall be available for public inspec- tributes to the implementation of a national tion and copying at a single location in the ocean and coastal policy. ters and post-trauma communication with families. The foreign air carrier offices of the Commission. SEC. 8. REPEAL OF 1966 STATUTE. (4) The Federal Advisory Committee Act (5 The Marine Resources and Engineering De- would provide these family liaisons U.S.C. App.) does not apply to the Commis- velopment Act of 1966 (33 U.S.C. 1101 et seq.) with updated passenger lists following sion. is repealed. the crash. The legislation would re- (g) COOPERATION WITH OTHER FEDERAL EN- f quire that the carrier consult and co- TITIES.— ordinate with the families on the dis- (1) The Commission is authorized to secure AMENDING TITLE 49, UNITED position of remains and personal ef- directly from any Federal agency or depart- STATES CODE, REGARDING THE fects. ment any information it deems necessary to NATIONAL TRANSPORTATION The legislation would build on the carry out its functions under this Act. Each SAFETY BOARD such agency or department is authorized to family assistance provisions that Con- cooperate with the Commission and, to the Mr. NICKLES. Mr. President, I ask gress enacted last year as part of the extent permitted by law, to furnish such in- unanimous consent that the Senate Federal Aviation Reauthorization Act

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12705 of 1996. Domestic air carriers are al- of the National Transportation Safety ments relating to the bill be printed in ready operating under the same legisla- Board and others, the family members the RECORD at the appropriate place. tive requirements set out in the legis- of Flight 801 accident victims would The PRESIDING OFFICER. Without lation before us. have been better served if a plan had objection, it is so ordered. Again, it was the unfortunate confu- been in place. The bill (H.R. 2476) was considered, sion and heartache surrounding the As we all know, the news of an air read the third time, and passed. tragic airline crash in Guam that dem- disaster spreads quickly. The media is onstrated the need for this bill. I urge often reporting about a crash as soon f immediate adoption of the Foreign Air as, if not before, the rescue teams MAKING CLARIFICATION TO THE Carrier Family Support Act. reach the scene. This legislation pro- PILOT RECORDS IMPROVEMENT Mr. HOLLINGS. Mr. President, I vides a framework to ensure that fam- ACT OF 1996 want to thank Congressman UNDER- ily members receive proper assistance. Mr. NICKLES. Mr. President, I ask WOOD of Guam for pursuing H.R. 2476. Among other things, foreign airlines unanimous consent that the Senate The bill, virtually identical to a bill re- would be required to have a plan to proceed to the immediate consider- ported by the Commerce Committee, S. publicize a toll-free number, have staff ation of H.R. 2626, which was received 1196, puts the same burden on foreign available to take calls, have an up-to- in the House. air carriers serving the United States date list of passengers, and have a The PRESIDING OFFICER. Without as those now imposed on U.S. carriers process to notify families—in person if objection, it is so ordered. when dealing with the families affected possible—before any public notification The clerk will report. by aviation disasters. Under existing that a family member was onboard a The legislative clerk read as follows: law, U.S. carriers must develop and crashed aircraft. These are basic serv- submit plans to the Department of ices that anyone should receive. A bill (H.R. 2626) to make clarifications to Transportation and the National Hopefully, it will never be necessary the Pilot Records Improvement Act of 1996, and for other purposes. Transportation Safety Board on how for any foreign airline to use the plans they will address the needs of the fami- required under this act. In the event of The PRESIDING OFFICER. Is there lies of victims of disasters. The law an accident, however, family members objection to the immediate consider- today does not include foreign air car- of victims are due the consideration ation of the bill? riers, and thus, H.R. 2476 is needed. and compassion that this legislation There being no objection, the Senate The bill is supported by the Adminis- provides. proceeded to consider the bill. tration, and I support its adoption. Again, I want to thank Senator Mr. HOLLINGS. Mr. President, last What we are asking all of the carriers MCCAIN for moving this legislation year, as part of the Federal Aviation to do is treat people fairly. The U.S. quickly, and I would urge that we now Administration Reauthorization Act of carriers have already been asked to do adopt the Foreign Air Carrier Family 1996, we imposed a series of new re- it, and now we are asking the foreign Support Act. quirements before an ‘‘air carrier’’ air carriers to do it. All carriers, for- Mr. FORD. Mr. President, on August could hire a pilot. When the bill as eign or U.S., should be prepared to deal 5, 1997, Korean Air flight 801 crashed originally crafted was being developed, with the families and to provide them into a hillside on Guam, killing 228. We we worked with the pilots’ unions and with the kinds of assistance they have worked with Chairman MCCAIN and our with the Air Transport Association to every reason to expect. H.R. 2476 en- House colleagues last year to enact leg- develop a workable approach that is sures that this will happen. I urge the islation requiring U.S. air carriers to fair to pilots and airlines and advances Senate to pass this bill. develop plans to address the needs of aviation safety. Mr. GORTON. Mr. President, I rise to families following an aviation disaster. H.R. 2626 clears up a number of tech- join Senator MCCAIN, Senator HOL- The 1996 Federal Aviation Administra- nical problems, but continues the spirit LINGS, and Senator FORD in urging that tion [FAA] Reauthorization Act (P.L. of the original legislation—to make we immediately adopt H.R. 2476, the 104–264), however, did not impose a sure that pilots operating commercial Foreign Air Carrier Family Support similar requirement on foreign carriers aircraft are qualified. For many small- Act. I also recognize Representative serving the United States. er carriers, such as on-demand carriers Underwood’s efforts to facilitate this Section 703 of the FAA Reauthoriza- like Bankair in South Carolina, the legislation following the recent crash tion Act specifically requires that the new law created a number of logistical of Korean Air Flight 801 in Guam, air carrier submit disaster plans to the problems. I added a provision to the fis- which killed more than 200 people. Secretary of Transportation and the cal year 1998 Transportation Appro- As Senator MCCAIN stated, last year National Transportation Safety Board. priations law to ensure that the FAA, the Congress approved almost identical The plans must include items such as a as holder of some pilot records, is able legislation that required domestic air means to publicize toll-free telephone to supply those records expeditiously. carriers to establish a disaster support numbers for the families, a process for H.R. 2626 will allow air carriers to plan for the families of aviation acci- notifying families, an assurance that hire, but not use, a pilot until his or dent victims. The legislation we are the families be consulted on the dis- her records had been checked. Smaller now considering would extend this re- position of remains and personal ef- carriers operating non-scheduled quirement to foreign air carriers if fects, and a requirement that the car- flights also are given additional flexi- they have an accident on American rier work with other organizations in bility. I support the changes, and urge soil. dealing with the disaster. the passage of H.R. 2626. I would note that the Family Assist- Congressman UNDERWOOD of Guam Mr. FORD. Mr. President, I want to ance Task Force strongly supports this originally introduced H.R. 2834 on the explain to my colleagues the need for legislation. The task force, which Con- House side, and a corresponding bill, S. H.R. 2626, a bill to make clarifications gress established to find new ways to 1196, was introduced in the Senate to to the Pilot Records Improvement Act assist family members and others dev- subject foreign carriers serving the of 1996. Last year, we worked diligently astated by an airline crash, recently United States to the requirements with the airlines, ALPA and the Inde- voted unanimously to endorse this act. mentioned above. The Senate bill was pendent Pilots Association, to craft a The task force also asked that Con- considered and reported by the Com- bill that requires air carriers to share gress pass this legislation as expedi- merce Committee. pilot records before a pilot could be tiously as possible. I urge my colleagues to support the employed. The change in law was ne- It is unfortunate that airline acci- passage of H.R. 2834 so the President cessitated by a safety recommendation dents often provide the impetus to can sign this bill. by the National Transportation Safety make improvements. The Flight 801 Mr. NICKLES. Mr. President, I ask Board. tragedy clearly showed the need to im- unanimous consent that the bill be H.R. 2626 modifies the law to let the prove planning to assist family mem- considered read the third time, and air carriers hire a pilot prior to final bers when a foreign airline crashes on passed, the motion to reconsider be check of the records, but the pilot can American soil. Despite the best efforts laid upon the table, and that any state- not operate a commercial flight until

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12706 CONGRESSIONAL RECORD — SENATE November 13, 1997 the records are checked. Thus, the car- Mr. NICKLES. Mr. President, I ask The PRESIDING OFFICER. Without riers can begin training new employ- unanimous consent that the resolution objection, it is so ordered. ees, and when the records are cleared, be agreed to, the preamble be agreed The bill (S. 1564) was deemed read a put the pilot to work. Because there to, the motion to reconsider be laid third time, and passed, as follows: have been problems in expeditiously upon the table, and that any state- S. 1564 providing records, the hiring process ments relating to the resolution appear Be it enacted by the Senate and House of Rep- will not be impeded. at this point in the RECORD. resentatives of the United States of America in For small aircraft that are not used The PRESIDING OFFICER. Without Congress assembled, in scheduled service, for example, an objection, it is so ordered. SECTION 1. SHORT TITLE. on-demand cargo charter aircraft with The resolution was agreed to. This Act may be cited as the ‘‘Holocaust a maximum payload capacity of less The preamble was agreed to. Victims Redress Act’’. than 7,500 pounds, a fully certified pilot The resolution (S. Res. 162), with its TITLE I—HEIRLESS ASSETS can operate such aircraft for a limited preamble, is as follows: SEC. 101. FINDINGS AND PURPOSES. period while the records are being re- S. RES. 162 (a) FINDINGS.—The Congress finds as fol- viewed. The requirement on the cargo Whereas, in the case of United States v. operator is not changed—the records lows: Blackley, Criminal Case No. 97–0166, pending (1) Among the $198,000,000 in German assets must be obtained and checked, but the in the United States District Court for the located in the United States and seized by pilot can fly for a 90-day period. Fi- District of Columbia, testimony has been re- the United States Government in World War nally, the bill provides a narrow good quested from Brent Baglien, a former em- II were believed to be bank accounts, trusts, faith exception for a carrier seeking ployee on the staff of the Committee on Ag- securities, or other assets belonging to Jew- the records of a pilot from another car- riculture, Nutrition, and Forestry; ish victims of the Holocaust. rier that has ceased to exist. All other Whereas, pursuant to sections 703(a) and (2) Among an estimated $1,200,000,000 in as- requirements for the pilot—licenses, 704(a)(2) of the Ethics in Government Act of sets of Swiss nationals and institutions 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the which were frozen by the United States Gov- medical tests, for example—are un- Senate may direct its counsel to represent changed. ernment during World War II (including over employees of the Senate with respect to any $400,000,000 in bank deposits) were assets I urge my colleagues to support the subpoena, order, or request for testimony re- whose beneficial owners were believed to in- bill. lating to their official responsibilities; clude victims of the Holocaust. Mr. NICKLES. Mr. President, I ask Whereas, by the privileges of the Senate of (3) In the aftermath of the war, the Con- unanimous consent that the bill be the United States and Rule XI of the Stand- gress recognized that some of the victims of considered read the third time, and ing Rules of the Senate, no evidence under the Holocaust whose assets were among passed, the motion to reconsider be the control or in the possession of the Senate those seized or frozen during the war might laid upon the table, and that any state- may, by the judicial process, be taken from not have any legal heirs, and legislation was ments relating to the bill be placed at such control or possession but by permission enacted to authorize the transfer of up to of the Senate; $3,000,000 of such assets to organizations the appropriate place in the RECORD. Whereas, when it appears that evidence The PRESIDING OFFICER. Without dedicated to providing relief and rehabilita- under the control or in the possession of the tion for survivors of the Holocaust. objection, it is so ordered. Senate may promote the administration of The bill (H.R. 2626) was considered (4) Although the Congress and the Admin- justice, the Senate will take such action as istration authorized the transfer of such read the third time, and passed. will promote the ends of justice consistently amount to the relief organizations referred f with the privileges of the Senate: Now, to in paragraph (3), the enormous adminis- therefore, be it AUTHORIZING TESTIMONY AND trative difficulties and cost involved in prov- Resolved, That Brent Baglien, and any ing legal ownership of such assets, directly SENATE LEGAL COUNSEL REP- other present or former employee from or beneficially, by victims of the Holocaust, RESENTATION whom testimony may be required, are au- and proving the existence or absence of heirs Mr. NICKLES. Mr. President, I ask thorized to testify in the case of United States of such victims, led the Congress in 1962 to unanimous consent the Senate proceed v. Blackley, except concerning matters for agree to a lump-sum settlement and to pro- which a privilege should be asserted. vide $500,000 for the Jewish Restitution Suc- to the immediate consideration of Sen- SEC. 2. That the Senate Legal Counsel is ate Resolution 162 submitted earlier in cessor Organization of New York, such sum authorized to represent Brent Baglien and amounting to 1⁄6th of the authorized max- the day by Senators LOTT and any present or former employee of the Sen- imum level of ‘‘heirless’’ assets to be trans- DASCHLE. ate in connection with testimony in United ferred. The PRESIDING OFFICER. The States v. Blackley. (5) In June of 1997, a representative of the clerk will report. f Secretary of State, in testimony before the The legislative clerk read as follows: Congress, urged the reconsideration of the HOLOCAUST VICTIMS REDRESS A resolution (S. Res. 162) to authorize tes- limited $500,000 settlement. timony and representation of Senate em- ACT (6) While a precisely accurate accounting ployees in United States v. Blackley. Mr. NICKLES. Mr. President, I ask of ‘‘heirless’’ assets may be impossible, good The PRESIDING OFFICER. Is there unanimous consent that the Senate conscience warrants the recognition that the objection to the immediate consider- now proceed to the consideration of victims of the Holocaust have a compelling moral claim to the unrestituted portion of ation of the resolution? Senate bill 1564 introduced earlier assets referred to in paragraph (3). There being no objection, the Senate today by Senator D’AMATO. (7) Furthermore, leadership by the United proceeded to consider the resolution. The PRESIDING OFFICER. The States in meeting obligations to Holocaust Mr. LOTT. Mr. President, this resolu- clerk will report. victims would strengthen— tion concerns a criminal prosecution The legislative clerk read as follows: (A) the efforts of the United States to press brought against Ronald Blackley, the A bill (S. 1564) to provide redress of inad- for the speedy distribution of the remaining former chief of staff of former Sec- equate restitution of assets seized by the nearly 6 metric tons of gold still held by the retary of Agriculture Mike Espy. The United States Government during World War Tripartite Commission for the Restitution of Independent Counsel, who is bringing II which belonged to victims of the Holo- Monetary Gold (the body established by this prosecution, seeks evidence from caust, and for other purposes. France, Great Britain, and the United States at the end of World War II to return gold the Committee on Agriculture, Nutri- The PRESIDING OFFICER. Is there looted by Nazi Germany to the central banks tion, and Forestry concerning rep- objection to the immediate consider- of countries occupied by Germany during the resentations made to the Committee ation of the bill? war); and about Mr. Blackley during the Com- There being no objection, the Senate (B) the appeals by the United States to the mittee’s consideration of the nomina- proceeded to consider the bill. 15 nations claiming a portion of such gold to tion of Secretary Espy in January 1993. Mr. NICKLES. Mr. President, I ask contribute a substantial portion of any such This resolution would authorize the unanimous consent that the bill be distribution to Holocaust survivors in rec- testimony of employees and former deemed read a third time and passed, ognition of the recently documented fact that the gold held by the Commission in- employees of the Committee from the motion to reconsider be laid upon cludes gold stolen from individual victims of whom testimony may be required, with the table, and that any statements re- the Holocaust. representation by the Senate Legal lating to the bill appear at this point (b) PURPOSES.—The purposes of this Act Counsel. in the RECORD. are as follows:

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12707 (1) To provide a measure of justice to sur- (3) In defiance of the 1907 Hague Conven- fort and opting to live among the poor vivors of the Holocaust all around the world tion, the Nazis extorted and looted art from whom she served. Just as Jesus be- while they are still alive. individuals and institutions in countries it friended the tax collector and the pros- (2) To authorize the appropriation of an occupied during World War II and used such titute, Dorothy Day embraced the drug amount which is at least equal to the booty to help finance their war of aggres- addicted and the disenfranchised. She present value of the difference between the sion. amount which was authorized to be trans- (4) The Nazis’ policy of looting art was a saw Christ in everyone—especially in ferred to successor organizations to com- critical element and incentive in their cam- the poor and the oppressed—and treat- pensate for assets in the United States of paign of genocide against individuals of Jew- ed people accordingly. In short, she heirless victims of the Holocaust and the ish and other religious and cultural heritage lived the Gospel. amount actually paid in 1962 to the Jewish and, in this context, the Holocaust, while In 1933, Dorothy Day and Peter Restitution Successor Organization of New standing as a civil war against defined indi- Maurin joined to found the Catholic York for that purpose. viduals and civilized values, must be consid- Worker Movement and the Catholic (3) To facilitate efforts by the United ered a fundamental aspect of the world war Worker newspaper ‘‘to realize in the in- States to seek an agreement whereby na- unleashed on the continent. dividual and society the express and tions with claims against gold held by the (5) Hence, the same international legal implied teachings of Christ.’’ That Tripartite Commission for the Restitution of principles applied among states should be ap- Monetary Gold would contribute all, or a plied to art and other assets stolen from vic- same year, they opened the first Catho- substantial portion, of that gold to chari- tims of the Holocaust. lic Worker Hospitality house, St. Jo- table organizations to assist survivors of the (6) In the aftermath of the war, art and seph’s House, in Manhattan’s Lower Holocaust. other assets were transferred from territory East Side. The country was, by then, in SEC. 102. DISTRIBUTIONS BY THE TRIPARTITE previously controlled by the Nazis to the the throes of the Great Depression, a GOLD COMMISSION. Union of Soviet Socialist Republics, much of period of suffering unknown to this (a) DIRECTIONS TO THE PRESIDENT.—The which has not been returned to rightful own- country before or since. Dorothy Day President shall direct the commissioner rep- ers. resenting the United States on the Tri- ministered to the physical and spir- SEC. 202. SENSE OF THE CONGRESS REGARDING itual needs of the legions of poor who partite Commission for the Restitution of RESTITUTION OF PRIVATE PROP- Monetary Gold, established pursuant to Part ERTY, SUCH AS WORKS OF ART. arrived on the doorstep at St. Joseph III of the Paris Agreement on Reparation, to It is the sense of the Congress that con- House. Today, some 64 years after its seek and vote for a timely agreement under sistent with the 1907 Hague Convention, all creation, the Catholic Worker Move- which all signatories to the Paris Agreement governments should undertake good faith ef- ment remains a vibrant legacy to her on Reparation, with claims against the mon- forts to facilitate the return of private and life. There are now more than 125 etary gold pool in the jurisdiction of such public property, such as works of art, to the Catholic Worker ‘‘Houses of Hospi- Commission, contribute all, or a substantial rightful owners in cases where assets were portion, of such gold to charitable organiza- tality’’ in the United States and confiscated from the claimant during the pe- around the world. tions to assist survivors of the Holocaust. riod of Nazi rule and there is reasonable (b) AUTHORITY TO OBLIGATE THE UNITED Perhaps Dorothy Day’s life was proof that the claimant is the rightful STATES.— owner. summed up best by those at the Uni- (1) IN GENERAL.—From funds otherwise un- versity of Notre Dame who bestowed obligated in the Treasury of the United f the Laetare Medal upon her in 1972 for States, the President is authorized to obli- ‘‘comforting the afflicted and afflicting gate subject to subsection (2) an amount not NATIONAL WEEK OF RECOGNITION to exceed $30,000,000 for distribution in ac- FOR DOROTHY DAY AND THOSE the comfortable virtually all of her cordance with subsections (a) and (b). WHOM SHE SERVED life.’’ Indeed she did and we are all the (2) CONFORMANCE WITH BUDGET ACT RE- Mr. NICKLES. Mr. President, I ask better for it. I ask unanimous consent that the QUIREMENT.—Any budget authority con- unanimous consent the Senate proceed tained in paragraph (1) shall be effective text of a tribute by Patrick Jordan, to the immediate consideration of Sen- only to such extent and in such amounts as who knew Dorothy Day from his days are provided in advance in appropriation ate Resolution 163 introduced earlier living at the Catholic Worker, from Acts. today by Senator MOYNIHAN, D’AMATO, Commonweal and the text of the Reso- and others. SEC. 103. FULFILLMENT OF OBLIGATION OF THE lution be printed into the RECORD. UNITED STATES. The PRESIDING OFFICER. The There being no objection, the mate- (a) AUTHORIZATION OF APPROPRIATIONS.— clerk will report. rial was ordered to be printed in the There are authorized to be appropriated to The legislative clerk read as follows: the President such sums as may be necessary RECORD, as follows: for fiscal years 1998, 1999, and 2000, not to ex- A resolution (S. Res. 163) expressing the [From the Commonweal, Oct. 24, 1997] sense of the Senate on the 100th anniversary ceed a total of $25,000,000 for all such fiscal AN APPETITE FOR GOD of the birth of Dorothy Day, and designating years, for distribution to organizations as (By Patrick Jordan) may be specified in any agreement concluded the week of November 8 through November Dorothy Day was born on Pineapple Street pursuant to section 102. 14, 1997 as ‘‘National Week of Recognition for in Brooklyn Heights on November 8, 1897. On (b) ARCHIVAL RESEARCH.—There are au- Dorothy Day and those whom she served.’’ thorized to be appropriated to the President the hundredth anniversary of her birth, her The PRESIDING OFFICER. Is there spirit is alive in the Catholic Worker move- $5,000,000 for archival research and trans- objection to the immediate consider- lation services to assist in the restitution of ment she and Peter Maurin founded in 1933. assets looted or extorted from victims of the ation of the resolution? The movements is still building, a rather re- Holocaust and such other activities that There being no objection, the Senate markable feat in the history of American re- would further Holocaust remembrance and proceeded to consider the resolution. ligious communities, now with over 125 education. Mr. MOYNIHAN. Mr. President, I rise houses and farming communes in the United States and in seven other countries. There TITLE II—WORKS OF ART today to introduce a sense of the Sen- are a variety of Catholic Worker publica- SEC. 201. FINDINGS. ate resolution commemorating the tions that display strong writing and intel- Congress finds as follows: 100th anniversary of the birth of Doro- lectual vitality: critical voices in the midst (1) Established pre-World War II principles thy Day, a woman who embodies the of the capitalist state, and lively antidotes of international law, as enunciated in Arti- very idea of service to others. I am to the spirit of bourgeois Christianity. Day cles 47 and 56 of the Regulations annexed to pleased to be joined by Senators and Maurin would be pleased. the 1907 Hague Convention (IV) Respecting In a real sense, Day was an Augustinian D’AMATO, WELLSTONE, LEVIN, DODD, the Laws and Customs of War on Land, pro- figure. She was a captivating, commanding hibited pillage and the seizure of works of TORRICELLI, REED, DURBIN, MIKULSKI, presence, full of personal paradoxes (vulner- art. and KENNEDY in paying tribute to her able and yet like steel) and inconsistencies (2) In the years since World War II, inter- life. (patient but fretful), who nonetheless national sanctions against confiscation of The life of Dorothy Day is central to cohered and remained consistently stalwart. works of art have been amplified through modern Catholic social thought. Hers She had been around (as she attests in her such conventions as the 1970 Convention on was a radical brand of discipleship, classic spiritual autobiography. The Long the Means of Prohibiting and Preventing the akin to what the German theologian Loneliness), knew the full joys and sorrows Illicit Import, Export and Transfer of Owner- of life from her harsh experience, and had ship of Cultural Property, which forbids the Dietrich Bonhoeffer described as ‘‘cost- gone through a life-searing conversion. She illegal export of art work and calls for its ly grace’’ in The Cost of Discipleship. possessed marvelous observational skills and earliest possible restitution to its rightful She lived a life of voluntary poverty wrote with uncommon beauty and alacrity owner. and hardship, forsaking material com- about her times: describing the challenge of

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12708 CONGRESSIONAL RECORD — SENATE November 13, 1997 living good, and yes, holy lives in an era of young and there was merriment in her fixed. She didn’t know I was there, and I re- warring empires. She loved heroic figures, laughter. Vivian Gornick, the feminist writ- treated hastily, almost embarrassed to have and aspired to be one. She hoped that her er, did a perspective on Day for the Village intruded at such a private moment. But from books would be read by millions and would Voice in November 1969. At one point during those instances I learned something about lead to nonviolent, revolutionary change. their four-hour conversation, Gornick sensed the intercourse between prayer and ecstasy, She had a sense of humor about herself and that Dorothy had read her thoughts—a not and how they relate to beauty and love, her work, and told the story of having been uncommon experience if you spent time with human and divine. asked to speak at a college on the topic her. While Day had not been critical of For Nina Moore, it was Day’s constancy in ‘‘Saints and Heroes.’’ She was greatly sur- Gornick, the experience had raised questions prayer, study, and reading that explained prised (and delighted) when she found the for the latter. According to Martin Buber, what could be explained about her continued lecture hall packed. Only later did she dis- the zaddik (or righteous teacher) responds to spiritual growth. Lacking the structure of a cover the reason: her talk had been mistak- people’s needs but first elevates them. Sit- formal monastic regimen (she was a Bene- enly billed ‘‘Saints and Eros.’’ ting there in the soup kitchen at 36 First dictine oblate and attached to the Jesu For me, Dorothy Day was the most engag- Street, Gornick observed in Day ‘‘a love that Caritas fellowship), Day had to steal the ing and engaged person I have ever met. categorically refuses to deny the irreducible early morning hours for her spiritual exer- Even now, seventeen years after her death in humanity’’ of each person. ‘‘I felt in her a cises. She did this almost daily, year in and 1980, I think of her almost daily, with deep woman who has done many things she would out: ‘‘My strength . . . returns to me with my affection. What would she have thought of wish not to have done; . . . been alone a long, cup of coffee and the reading of the psalms,’’ this moral dilemma, this political situation, long time in a curious, exalted, exhausting she said. this church teaching? How would she have manner; and more important, that all of this Dorothy’s take on life of the soul was any- approached a certain crisis, dealt with that was not a comfortable matter of the past; all thing but ‘‘spiritualized.’’ It was sac- obnoxious persons? If the problem happens to of this was an ongoing affair . . . [in which ramental and sensual, but it was not roman- be several-sided and particularly dicey, I can Day’s] faith is put through the fires daily.’’ tic. ‘‘I can’t bear the romantics,’’ she told be sure her response would be challenging, What comes through in Gornick’s article is Gornick. ‘‘I want a religious realist. I want distinct, and unpredictable. Not that it the journalist’s keen respect for the older one who prays to see things as they are and would necessarily come as a surprise (she do something about it.’’ Her own faith had used to love to repeat the phrase, based on woman. Dorothy once told Robert Coles—in a dif- required a terrible price: the end of her mar- her sense of the Gospels. ‘‘There are always ferent context—‘‘I have never wanted to lec- riage and the breakup of her family: ‘‘For answers; they are just not calculated to ture people; I have hoped to act in such a me, Christ was not bought for thirty pieces soothe’’). Her principles were doggedly clear: way that I will be reaching out to many oth- of silver,’’ she wrote forty years after her The admonitions of the Gospels, the Psalms, ers who will never be part of the Catholic conversion, ‘‘but with my heart’s blood. We and Saint Paul. These ran so deeply in her Worker movement.’’ It seems to have worked buy not cheap in this market.’’ that they seemed to issue from her marrow. What was essential for Dorothy—and what When TV newsman Mike Wallace asked her, with Gornick and countless others. I recently asked Tom Sullivan and Nina a popular mid-century retreated movement ‘‘Does God love murderers, does he love a Polcyn Moore, both old friends and Catholic and the Catholic Workers fostered (see box)— Hitler, a Stalin?’’ she responded reflexively: was the serious attention and self-discipline Workers, what made Day tick. ‘‘God loves all men, and all men are broth- Sullivan, now in his eighties and in poor required for growth in the life of the spirit. ers’’. health in New York City, told me ‘‘her spir- In this matter, I believe, Dorothy’s mentor In person, even in her seventies, Day was ¨ ituality is basic. She started with the saints, was Friedrich von Hugel, who wrote, in Vic- physically striking: tall, lean, her pale blue and was oriented to the early Christians.’’ torian style, of the ‘‘costingness’’ of such eyes keen but not intrusive. In the ideal ¨ For Moore, who now lives in Illinois, it was growth. ‘‘Plant yourself,’’ von Hugel coun- movie of Dorothy’s life, Jessica Lange would seled,’’ on foundations that are secure: God, be cast in the part. Dorothy was one of those a matter of ‘‘love, divine and human.’’ Doro- thy ‘‘was not content with anything but the Christ, suffering, the Cross.’’ I often saw individuals whose presence can affect the Dorothy with his short classic, The Life of best,’’ Moore told me. ‘‘She loved God with tone of whole gatherings. When she entered a Prayer. all her heart.’’ crowded room, people with their backs to the But the life of the spirit has to be cul- But it was Day’s constancy in the hard vo- door would turn spontaneously. Yet she was tivated, not merely for the sake of one’s own cation she had chosen that most amazed unfailingly modest, and almost painfully shy self-improvement, but for the well-being of Moore: ‘‘Her availability to people and in public. the whole church. As Dorothy prayed in events, her fidelity to the Gospels, and her Dorothy’s mind, while not that of a trained Rome in 1965: ‘‘Give us, O Lord, peace, embracing the precariousness of the Worker intellectual, was one of the most acute and strength, and joy, so that we in turn may life are keys to her greatness.’’ According to supple I have seen at work; she was highly give them to others.’’ intuitive, shrewd when it came to money, Moore, who traveled with her here and Theologically, Dorothy Day’s chief con- morally rugged. She seemed to know herself abroad, Day evolved from a young radical to tributions have to do with the issues of free- with perfect clarify, the fruit of a lifetime of a person of international significance ‘‘be- dom, poverty, and violence. self-examination: ‘‘Cleanse us of our un- cause she was on fire with the love of God.’’ Freedom. Perhaps her deepest personal, in- known faults,’’ she would repeat often. Lec- In From Union Square to Rome, Dorothy’s tuitive insight. Without freedom, there can turing about the Catholic Worker, she would first book about her conversion, she defines be neither faith nor love. say of herself: ‘‘There is always a subtle self- a mystic as someone in live with God: ‘‘Not When Dorothy first met Peter Maurin in aggrandizement. One may not intend it, yet one who loves God, but who is in love with 1932, she was impressed that he was carrying there it crops out to humiliate one. Perhaps God.’’ Years later, she quoted with relish two books in his building pockets: Saint it is good to have this come out in the open.’’ Sonya’s last line in Uncle Vanya: ‘‘I have Francis and Peter Kropotkin. Kropotkin Both spiritually and personally, she was the faith Uncle, I have fervent, passionate known as the anarchist prince, was, like genuine article. faith.’’ Charles de Foucauld, a soldier and scientist. If you went to talk to Dorothy in her small That faith was evident in every aspect of He had forsaken his title and had been jailed room on the third floor of the East First Day’s life, I suppose it is what attracted so and exiled for agitating for reform in Czarist Street house, where she lived from 1968–76, many of us to her: In seeing her faith we ex- Russia. Even before meeting Maurin, Day you might be ensnared for hours. She would perienced our own hoped-for faith being vali- held nonviolent anarchist views (she was a regale you with stories. In her early years as dated and strengthened. ‘‘Every act of faith decentralist who felt more at home with the a reporter she had interviewed everyone increases your faith,’’ she instructed me over Wobblies than the Communists). The theo- from Trotsky to Jack Dempsey. She knew and over. But her faith was not a cold series retical value Day saw in anarchism was its Eugene O’Neill and Dos Passos, and had in- of propositions or legalisms. It was rather a emphasis on personal freedom and responsi- spired Auden. She had testified before Con- vital relationship. ‘‘More and more I see bility, and on developing social patterns that gress on conscientious objection, and while [that] prayer is the answer,’’ she wrote in foster them. in Moscow in 1971, had defended Solzhenitsyn 1970. ‘‘It is the clasp of the hand, the joy and On the spiritual level, the highest rung of before the Soviet writers’ group, breaking up keen delight in the consciousness of the being, God gives freedom so that men and their meeting. She had been shot at for her Other. Indeed, it is like falling in love.’’ Not women can become human; thus the story of civil rights protests, been thrown into soli- many people can write or speak of prayer Adam and Eve. Charles Pe´guy, poet and es- tary confinement; she had taken on both that way because we don’t practice it. C.S. sayist, and an influence on both Maurin and church and state, loved both the opera and Lewis advised that we develop not simply a Day, has God address the issue this way: folk singer Joan Baez, was a doting mother, spirituality, but an ‘‘appetite for God.’’ ‘‘But what kind of salvation would it be that grandmother, great-grandmother, received To see Dorothy at prayer was to observe was not free?’’ And then God validates Communion from the hands of the pope, and someone completely engrossed. I can vividly ‘‘man’s’’ power ‘‘to decide’’ by declaring: was a voracious reader. Yet for all that, picture her praying, off to the left side in one ‘‘And that freedom of his is my creation’’ when you were with her you felt perfectly at of the pews at Nativity Church in Manhat- (and therefore good). home; so much so you wanted to stay, maybe tan. Coupled with this memory is another of Along with freedom comes the possibility— forever—at least I wanted to. my walking into her room one Saturday the inevitability—of sin. On this point Day Even after over forty years of the hard afternoon as she was listening to the opera. would refer to Augustine and Julian of Nor- Catholic Worker life, Dorothy’s voice was It was Wagner and Dorothy’s face was trans- wich: God has already repaired the worst

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12709 possible catastrophe the Fall) by taking on there is pity.’’ Martin Buber explained it life or work, which is the lot of the poor. So our human flesh, suffering our fate, and re- more eloquently: ‘‘Help is no virtue, but an often I see grandmothers in Puerto Rican deeming us. artery of existence.’’ To really help someone, families bearing the burden of children, the Unlike many birthright Catholics, Day did however, ‘‘the helper must live with the home, cooking, sewing, and contributing to not feel constrained by the institution. She other; only help that arises out of living the work of mother and father, who are try- took as her own Saint Paul’s phrase—‘‘You with the other can stand before the eyes of ing to make a better life for their children. are no longer foreigners and aliens, but fel- God.’’ Day insisted that she ‘‘would not dare I am glad to share their fatigue with them. low citizens with the saints’’ (Ephesians write or speak or follow the vocation God But these pains . . . seemed to reach into 2:19)—and placed her trust in the church, has given me to work with the poor and for my very bones, and I could only feel that I which she loved and which is itself held ac- peace if I did not have the constant reassur- had been given some little intimation of the countable to the Gospels. For encourage- ance of the Mass.’’ hunger of the world. God help us, living as ment, Day looked to the lives of the saints, Violence I need not recount at length we do, in the richest country in the world, whom she found to be anything but toadies. Day’s work for justice, peace, and non- and so far from approaching the voluntary Partiarchy? When it came to ‘‘this business violence. Historically, she had a critical if poverty we esteem and reach toward. . . May of ‘asking Father’ what to do about some- indirect bearing on Vatican II’s condemna- we try harder to do more in the future. thing,’’ she said, it ‘‘never occurred to us.’’ tion of nuclear war and its endorsement of This is vintage Dorothy Day: the imme- At Vatican II, she noted her admiration for the right to conscientious objection. Her diacy of concerns; the challenge, complexity, John Courtney Murray. She felt grateful for pacifist stand in World WAr II was intensely and interrelation of the big issues (war and the church’s clear but long overdue state- controversial, not only among Americans in poverty); the incorporation of her personal ment on religious freedom and the primacy general but even among Catholic Workers; experience; the self-criticism and pledge to of conscience. Mike Wallace’s question indicates that it do better; and the radical, foundational na- Poverty. As noted above, Maurin brought still is today. Day’s repeated stints in jail for ture of her Christian perspective. with him Kropotkin and Francis. For the protesting war preparation and the war econ- No retrospect of Dorothy Day’s spirituality Christian, poverty is not only a matter of omy—including her challenge that people would be complete without mentioning her the soul—it is a social concern. It entails not withdraw from participating in both— tremendous personal struggles. These cen- only personal spiritual obligations, but mat- achieved modest success, symbolically—by tered, in her late years, on two related areas: ters of strict justice and compassion. helping to end the air-raid drills in New discouragement and perseverance. From her We begin by looking at our own lives. York City during the fifties and sixties—and earliest Catholic Worker writings, Day When asked to address the relations between practically in the lives of not a few individ- speaks of discouragement in the work (see, individuals, Day said, Jesus always empha- uals who refused induction, changed their House of Hospitality). The utter hopelessness sized the problems of wealth and poverty. jobs, or resisted paying war taxes. of the situation of some of the people with Looking at society this way, Day was ex- Day’s staunch views on pacifism drew a whom she lived (‘‘we are a community of plicit: ‘‘It is impossible, save by heroic char- deep line between just-war teaching and gos- need, not an international community’’) in- ity, to live in the present social order and be pel nonviolence. She shared with Saint cluded physical violence, broken families, a Christian.’’ After reading Abbie Hoffman’s James the view that the roots of violence are addiction, suicides, evictions, fires, poor Revolution for the Hell of It in 1968, she com- fear, lack of forgiveness, and greed. Fear food, attrition of co-workers. All of these mented: ‘‘A terrifying book; bitterness, ha- leads us to strike out at enemies; it may could be overwhelming. Dorothy was some- tred, hell unleashed. The fruits of war, mate- even help to create them. Day believed the times so jangled by them—and by family rialism, prosperity. . . . God help our chil- Catholic Worker must be a school of non- concerns, overwork, travel, writing, speech- dren.’’ violence. The young volunteers who came in making, and innumerable obligations—that Dorothy Day’s own approach was twofold. search of their vocation, she wrote, ‘‘learn she would break into tears. ‘‘Don’t let your- First, there was a line she repeated often not only to love with compassion, but to self get into this state!’’ she would tell me, from Saint John of the Cross: ‘‘Where there overcome fear, that dangerous emotion that better escaping for a reprieve to her sister’s is no love, put love, and you will find love.’’ precipitates violence. They may go on feel- or daughter’s. And second, cultivate a life of detachment ing fear, but they know the means [the ‘spir- Dorothy also told me that twice in her life and share the plight of the poor: ‘‘We [Catho- itual weapons,’ as she called them, of self- she had overcome serious bouts of depression lic Workers] believe in an economy based on discipline, willingness to take up the cross, by reading herself out of them (she rec- human needs, rather than the profit motive. forgiving ‘seventy times seven,’ and readi- ommended Dickens), but said that if she ever . . .We are not judging [wealthy] individuals, ness to lay down one’s life for one’s fellows] were to experience such depression again, but are trying to make a judgment on the to overcome it.’’ Here, prayer and daily Mass she would consider shock treatment. system . . . which we try to withdraw from as were the best offense. From her own testi- Another line of cure—which she had much as possible. . . . What is worst of all is mony of sitting through nights of threatened learned from her mother—was to clean the using God and religion to bolster up our own violence in the racially divided South in the house. And then there were the theater and greed, our own attachment to property, and 1960s, it is prayer that ‘‘gives courage.’’ music: ‘‘Saw My Fair Lady. A very good cure putting God and country on an equality.’’ Fi- Was she critical of her own track record? for melancholy. Theme: Man’s capacity to nally, she pointed out, ‘‘we are not going to Always. Repeatedly I heard her say of herself change.’’ Again, ‘‘I am now listening to a win the masses to Christianity until we live and her co-workers, quoting the Letter to concert, Brahms’s Second Symphony, joyful it,’’ and that included having a willingness the Hebrews: ‘‘We have not yet resisted unto music to heal my sadness. All day I have felt to embrace poverty. blood.’’ She felt she might yet prove to be as sad. I am oppressed by a sense of failure, of For Day, to live poorly meant to share the avenging as any potential adversary. sin.’’ life of the poor: ‘‘Let us love to live with the One of Day’s most notable achievements On the conjunction between what Dorothy poor because they are especially loved by for peace took place quietly behind the called ‘‘the dark night of the senses and the Christ.’’ Each person who presents himself or scenes. In Rome in 1965 for the last session of dark night of the soul,’’ she reflected: ‘‘It herself to us—rich, middle class, or poor— the council, she joined a small group of seems to me that they often intermingle.’’ must be given love, ‘‘not because it might be women at a convent to fast for ten days, on this led her to prescribe Ruskin’s ‘‘Duty of Christ . . . but because they are Christ.’’ How water only, as the conciliar debate raged Delight’’: ‘‘I found a copy of Ruskin, The did she know for sure? ‘‘Because we have over what would be the church’s official True and the Beautiful,’’ she wrote while vis- seen his hands and his feet in the poor teaching on modern war. iting her daughter in Vermont, and ‘‘the around us. . . . We start by loving them for Dorothy did not like to fast (she said her beautiful quotation on the duty of delight. him, and soon we love them for themselves, besetting sins were gluttony and sloth), and Making cucumber pickles, chili sauce, and each one a unique person, most special. . . . made sure she had filled her senses by going grape juice. Delightful smells.’’ And the It is through such exercises that we grow, to the opera (Cavalleria Rusticana) before ‘‘duty’’ must be taken seriously, not only for and the joy of our vocation assures us we are the fast. Her report in the November 1995 oneself but ‘‘for the sake of others who are on the right path.’’ According to Kate Hen- Catholic Worker included the daily schedule on the verge of desperation.’’ nessy, Day’s granddaughter, ‘‘she turned the of the group and concluded as follows: And then there was use of the other serious life of poverty into something dynamic, full As for me, I did not suffer at all from the spiritual weapons: prayer, Scripture, com- of richly simple moments for those who have hunger or headache or nausea which usually munity, the sacraments. The ancient Chris- nothing.’’ accompanied the first few days of a fast, but tian writers had long been concerned with How Dorothy Day managed to keep her I had offered my fast in part for the victims acedia, spiritual sloth, which is associated psychological wholeness over the years in of famine all over the world, and it seemed with a failure against hope. Depression, a the disorder, disease, mental confusion, and to me that I had very special pains. They modern manifestation, is, in part, a con- violence that mark Catholic Worker houses were certainly of a kind I have never had be- stricting of that virtue, and of the power of was a practical miracle to me. ‘‘Pray and en- fore, and they seemed to pierce the very the will to act. Day often prayed to Saint dure,’’ she would repeat. Some of her stam- marrow of my bones . . . They were not like Ephraim, one of the desert fathers. He ina came from knowing the critical distinc- the arthritic pains, which, aggravated by seemed to have struggled with the problem tion between love and pity. ‘‘The law of love tension and fatigue, are part of my life now of discouragement, and spoke of the distress is reciprocity,’’ Georges Bernanos had writ- that I am sixty-eight. One accepts them as caused by his own procrastination. The best ten, ‘‘and reciprocity is not possible where part of age, and also part and parcel of the practical remedy for such a condition, Day

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noted, was ‘‘faithfulness to the means to S. RES. 163 ment of the bill (S. 830) to amend the Federal overcome it: recitation of the psalms each Whereas November 8, 1997, marks the 100th Food, Drug, and Cosmetic Act and the Public day, prayer and solitude, and by these means anniversary of the birth of Dorothy Day on Health Service Act to improve the regula- arriving—or hoping to arrive—at a state of Pineapple Street in Brooklyn, New York; tion of food, drugs, devices, and biological well-being.’’ The psalms she found particu- Whereas Dorothy Day was a woman who products, and for other purposes, the Sec- larly helpful in this regard: ‘‘I have stilled lived a life of voluntary poverty, guided by retary of the Senate shall make the fol- and quieted my soul’’ (Ps. 131), and ‘‘Relieve the principles of social justice and solidarity lowing corrections: the troubles of my heart’’ (Ps. 25). She would with the poor; (1) In section 119(b) of the bill: also quote Saint Paul’s Letter to the Ro- Whereas in 1933 Dorothy Day and Peter (A) Strike paragraph (2) (relating to con- mans, chapter 8—‘‘Nothing can separate us Maurin founded the Catholic Worker Move- forming amendments). from the love of Christ’’—and his advice not ment and the Catholic Worker newspaper ‘‘to (B) Strike ‘‘(b) SECTION 505(j).—’’ and all to judge others or even oneself, for Christ realize in the individual and society the ex- that follows through ‘‘‘(3)(A) The Secretary understands our failures: he was, after all, press and implied teachings of Christ’’; shall’’ and insert the following: the world’s greatest failure. Whereas the Catholic Worker ‘‘Houses of ‘‘(b) SECTION 505(j).—Section 505(j) (21 Among contemporary spiritual writings, Hospitality’’ founded by Dorothy Day have U.S.C. 355(j)) is amended by adding at the she recommended in this regard Dom Hubert ministered to the physical and spiritual end the following paragraph: van Zeller’s Approach to Calvary: ‘‘Awoke at needs of the poor for over 60 years; ‘‘‘(9)(A) The Secretary shall’’. 5:30,’’ she penned in 1965. ‘‘Usual depression Whereas there are now more than 125 (2) In section 125(d)(2) of the bill, in the over failures, inefficiency, incapacity to Catholic Worker ‘‘Houses of Hospitality’’ in matter preceding subparagraph (A), insert cope. Van Zeller’s book invaluable, teaching the United States and throughout the world; after ‘‘antibiotic drug’’ the second place such on how to accept all this discouragement, Whereas in 1972 Dorothy Day was awarded term appears the following: ‘‘(including any which he says will increase with age.... the Laetare Medal by the University of salt or ester of the antibiotic drug)’’. One must just keep going.’’ Notre Dame for ‘‘comforting the afflicted (3) In section 127(a) of the bill: In section And that connects with the matter of per- and afflicting the comfortable virtually all 503A of the Federal Food, Drug, and Cos- severance, a subject on which she cor- of her life’’; metic Act (as proposed to be inserted by such responded sporadically with Thomas Merton: Whereas upon the death of Dorothy Day in section 127(a)), in the second sentence of sub- ‘‘I am often full of fear about my final perse- 1980, noted Catholic historian David O’Brien section (d)(2), strike ‘‘or other criteria’’ and verance,’’ she told him in 1960. But then, dur- called her ‘‘the most significant, interesting, insert ‘‘and other criteria’’. ing his own long struggles with the problem, and influential person in the history of (4) In section 412(c) of the bill: she advised: Your work ‘‘is the work God American Catholicism’’; (A) In subparagraph (1) of section 502(e) of wants of you, no matter how much you want Whereas His Emminence John Cardinal the Federal Food, Drug, and Cosmetic Act to run away from it.’’ O’Connor has stated that he is considering (as proposed to be amended by such section She eventually came to terms with the recommending Dorothy Day to the Pope for 412(c)), in subclause (iii) of clause (A), insert fact that her difficulties were not going to Cannonization; and before the period the following: ‘‘or to pre- end in this life. In the last book she gave me, Whereas Dorothy Day serves as inspiration scription drugs’’. Spiritual Autobiography of Charles de for those who strive to live their faith: Now, (B) Strike ‘‘(c) MISBRANDING.—Subpara- Foucauld (she was always giving gifts and therefore, be it graph (1) of section 502(e)’’ and insert the fol- books, prayer books and Bibles especially), Resolved, That the Senate— lowing: she had underlined the following passage (1) expresses deep admiration and respect ‘‘(c) MISBRANDING.— from de Foucauld: ‘‘Our difficulties are not a for the life and work of Dorothy Day; ‘‘(1) IN GENERAL.—Subparagraph (1) of sec- transitory state of affairs.... No, they are (2) recognizes that the work of Dorothy tion 502(e)’’. the normal state of affairs and we should Day improved the lives of countless people (C) Add at the end the following: reckon on being in angustia temporum [‘in and that her example has inspired others to ‘‘(2) RULE OF CONSTRUCTION.—Nothing in straightness of times,’ Dan. 9:21] all our follow her in a life of solidarity with the this Act, or the amendments made by this lives, so far as the good we want to do is con- poor; Act, shall affect the question of the author- cerned.’’ (3) encourages all Americans to reflect on ity of the Secretary of Health and Human In 1960, Dorothy Day commented favorably how they might learn from Dorothy Day’s Services regarding inactive ingredient label- on a then-current appraisal of the state of example and continue her work of minis- ing for prescription drugs under sections of the American Catholic church, rendered by tering to the needy; and the Federal Food, Drug, and Cosmetic Act the Jesuit theologian, Gustave Weigel. Three (4) designates the week of November 8, other than section 502(e)(1)(A)(iii).’’. things were most needed in the U.S. church, 1997, through November 14, 1997, as the ‘‘Na- (5) Strike section 501 of the bill and insert said Weigel: Austerity, preached and lived; a tional Week of Recognition for Dorothy Day the following: deeper awareness of the reality of God; and a and Those Whom She Served’’. ‘‘SEC. 501. EFFECTIVE DATE. truer and more effective love for all people, SEC. 2. TRANSMITTAL. ‘‘(a) IN GENERAL.—Except as otherwise pro- including those who are our enemies. One The Secretary of the Senate shall transmit vided in this Act, this Act and the amend- could not find a more succinct summary of an enrolled copy of this resolution to— ments made by this Act shall take effect 90 Day’s own views. In 1968, she complained (1) Maryhouse, 55 East Third Street, New days after the date of enactment of this Act. that the Catholic press in the United States York City, New York; ‘‘(b) IMMEDIATE EFFECT.—Notwithstanding was too much concerned with the problems (2) St. Joseph House, 36 East First Street, subsection (a), the provisions of and the of authority, birth control, and celibacy, New York City, New York; and amendments made by sections 111, 121, 125, whereas the real problems were ‘‘war, race, (3) His Emminence John Cardinal O’Connor and 307 of this Act, and the provisions of sec- poverty and wealth, violence, sex, and of the Archdiocese of New York, New York tion 510(m) of the Federal Food, Drug, and drugs.’’ Some things change slowly. Or not City, New York. Cosmetic Act (as added by section 206(a)(2)), at all. Without the saints, Bernanos said fifty f shall take effect on the date of enactment of this Act.’’. years ago, the church is only dead stones: CORRECTING THE ENROLLMENT Without them, the very grace lying within the church’s institutional and sacramental OF S. 830 f forms remains fallow. Despite the unparal- Mr. NICKLES. Mr. President, I ask leled upheavals of our times, grace has not unanimous consent that the Senate CORRECTING OF TECHNICAL remained hidden. We have been its appealing proceed to the consideration of Senate ERROR IN ENROLLMENT OF S. 1026 power. Concurrent Resolution 69 submitted Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I ask earlier by Senator JEFFORDS. unanimous consent that the resolution I further ask unanimous consent that unanimous consent that the Senate and preamble be agreed to en bloc, the the concurrent resolution be agreed to proceed to the consideration of Senate motion to reconsider be laid upon the and the motion to reconsider be laid Concurrent Resolution 70 submitted table, and that any statements relating upon the table. earlier by Senator D’AMATO. I further thereto be placed in the RECORD at the The PRESIDING OFFICER. Without ask unanimous consent that the reso- appropriate place. objection, it is so ordered. lution be agreed to, and the motion to The PRESIDING OFFICER. Without The concurrent resolution (S. Con. reconsider be laid upon the table. objection, it is so ordered. Res. 69) was agreed to. The PRESIDING OFFICER. Without The resolution (S. Res. 163) was The concurrent resolution is as fol- objection, it is so ordered. agreed to. lows: The concurrent resolution (S. Con. The preamble was agreed to. S. CON. RES. 69 Res. 70) was agreed to. The resolution, with its preamble, is Resolved by the Senate (the House of Rep- The concurrent resolution is as fol- as follows: resentatives concurring), That, in the enroll- lows:

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12711 S. CON. RES. 70 The bill (S. 1565) was considered, read A bill (H.R. 2796) to authorize the reim- Resolved by the Senate (the House of Rep- a third time, and passed, as follows: bursement of members of the Army deployed to Europe in support of operations in Bosnia resentatives concurring), That, in the enroll- S. 1565 ment of the bill (S. 1026) to reauthorize the for certain out-of-pocket expenses incurred Be it enacted by the Senate and House of Rep- Export-Import Bank of the United States, by the members during the period beginning resentatives of the United States of America in the Secretary of the Senate shall strike sub- on October 1, 1996 and ending on May 31, 1997. Congress assembled, section (a) of section 2 and insert the fol- The PRESIDING OFFICER. Is there lowing: SECTION 1. TECHNICAL CORRECTIONS TO NICA- RAGUAN ADJUSTMENT AND CEN- objection to the immediate consider- ‘‘(a) IN GENERAL.—Section 7 of the Export- TRAL AMERICAN RELIEF ACT. ation of the bill? Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking ‘until’ and all that fol- (a) ADJUSTMENT OF STATUS.—Section There being no objection, the Senate lows through ‘but’ and inserting ‘until the 202(a)(1) of the Nicaraguan Adjustment and proceeded to consider the bill. close of business on September 30, 2001, Central American Relief Act is amended— Mr. NICKLES. Mr. President, I ask but’.’’. (1) in the matter preceding subparagraph unanimous consent the bill be read (A), by striking ‘‘Notwithstanding section three times and passed, the motion to f 245(c) of the Immigration and Nationality Act, the’’ and inserting ‘‘The’’; and reconsider be laid upon the table, and AMENDMING SECTION 13031 OF THE that any statements relating thereto OMNIBUS RECONCILIATION ACT (2) in subparagraph (B)— be placed in the RECORD at the appro- OF 1985 (A) by striking ‘‘is otherwise eligible to receive an immigrant visa and’’; and priate place. Mr. NICKLES. Mr. President, I ask (B) by striking ‘‘(6)(A), and (7)(A)’’ and in- The PRESIDING OFFICER. Without unanimous consent that the Senate serting ‘‘(6)(A), (7)(A), and (9)(B)’’. objection, it is so ordered. proceed to the immediate consider- (b) ADJUSTMENT OF STATUS FOR SPOUSES The bill (H.R. 2796) was read a third ation of H.R. 3034, which is at the desk. AND CHILDREN.—Section 202(d)(1) of the Nica- time, and passed. The PRESIDING OFFICER. The raguan Adjustment and Central American Relief Act is amended— f clerk will report. (1) in the matter preceding subparagraph REQUIRING THE ATTORNEY GEN- The legislative clerk read as follows: (A), by striking ‘‘Notwithstanding section A bill (H.R. 3034) to amend section 13031 of 245(c) of the Immigration and Nationality ERAL TO ESTABLISH A PRO- the Omnibus Reconciliation Act of 1985, Re- Act, the’’ and inserting ‘‘The’’; and GRAM IN LOCAL PRISONS lating to Customs User Fees, to allow the (2) in subparagraph (D)— Mr. NICKLES. Mr. President, I ask use of such fees to provide for Customs (A) by striking ‘‘is otherwise eligible to re- unanimous consent that the Judiciary inspectional personnel in connection with ceive an immigrant visa and’’; Committee be discharged from further the arrival of passengers in Florida, and for (B) by striking ‘‘exclusion’’ and inserting other purposes. ‘‘inadmissibility’’; and consideration of H.R. 1493, and further The PRESIDING OFFICER. Is there (C) by striking ‘‘(6)(A), and (7)(A)’’ and in- that the Senate proceed to its imme- objection to the immediate consider- serting ‘‘(6)(A), (7)(A), and (9)(B)’’. diate consideration. ation of the bill? (c) TRANSITIONAL RULES WITH REGARD TO The PRESIDING OFFICER. Without SUSPENSION OF DEPORTATION.—Section objection, it is so ordered. There being no objection, the Senate 309(c)(5)(C) of the Illegal Immigration Re- proceeded to consider the bill. The clerk will report. form and Immigrant Responsibility Act of The legislative clerk read as follows: Mr. NICKLES. Mr. President, I ask 1996, as added by section 203(a)(1) of the Nica- unanimous consent that the bill be raguan Adjustment and Central American A bill (H.R. 1493) to require the Attorney read three times, passed, the motion to Relief Act is amended— General to establish a program in local pris- reconsider be laid upon the table, and (1) in clause (i), in the matter preceding ons to identify, prior to arraignment, criminal aliens and aliens who are unlawfully that any statements relating thereto subclause (I), by inserting ‘‘of this paragraph’’ after ‘‘subparagraph (A)’’; present in the United States, and for other be placed in the RECORD at the appro- purposes. priate place. (2) in clause (ii), by striking ‘‘this clause (i)’’ and inserting ‘‘clause (i)’’. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without (d) TEMPORARY REDUCTION IN DIVERSITY objection to the immediate consider- objection, it is so ordered. VISAS.—Section 203(d) of the Nicaraguan Ad- ation of the bill? The bill (H.R. 3034) was deemed read justment and Central American Relief Act is There being no objection, the Senate a third time, and passed. amended— proceeded to consider the bill. f (1) in paragraph (1) by inserting ‘‘otherwise’’ before ‘‘available under that section’’; Mr. NICKLES. Mr. President, I ask MAKING TECHNICAL CORRECTIONS and unanimous consent that the bill be TO THE NICARAGUAN ADJUST- (2) in paragraph (2)(A)— considered read a third time and MENT AND CENTRAL AMERICAN (A) by striking ‘‘309(c)(5)(C)’’ and inserting passed, the motion to reconsider be RELIEF ACT ‘‘309(c)(5)(C)(i)’’; and laid upon the table, and that any state- (B) by striking ‘‘year exceeds—’’ and in- ments relating to the bill appear at Mr. NICKLES. Mr. President, I ask serting ‘‘year; exceeds’’. unanimous consent that the Senate this point in the RECORD. (e) TEMPORARY REDUCTION IN OTHER WORK- The PRESIDING OFFICER. Without now proceed to the consideration of ERS’ VISAS.—Section 203(e)(2)(A) of the Nica- Senate bill 1565 introduced earlier raguan Adjustment and Central American objection, it is so ordered. today by Senator ABRAHAM. Relief Act is amended by striking ‘‘(d)(2)(A), The bill (H.R. 1493) was read a third The PRESIDING OFFICER. The exceeds—’’ and inserting ‘‘(d)(2)(A); exceeds’’. time, and passed. clerk will report. (f) EFFECTIVE DATE.—The amendments f The legislative clerk read as follows: made by this section— (1) shall take effect upon the enactment of THE GUN ACT OF 1997 A bill (S. 1565) to make technical correc- the Nicaraguan Adjustment and Central tions to the Nicaraguan Adjustment and Mr. NICKLES. Mr. President, I ask American Relief Act (as contained in the unanimous consent that the Senate Central American Relief Act. District of Columbia Appropriations Act, The PRESIDING OFFICER. Is there 1998); and now proceed to the consideration of objection to the immediate consider- (2) shall be effective as if included in the calendar No. 266, Senate bill 191. ation of the bill? enactment of such Act. The PRESIDING OFFICER. The clerk will report. There being no objection, the Senate f proceeded to consider the bill. The legislative clerk read as follows: Mr. NICKLES. Mr. President, I ask REIMBURSEMENT OF MEMBERS OF A bill (S. 191) to throttle criminal use of unanimous consent that the bill be THE ARMY DEPLOYED IN EUROPE guns. considered read a third time and Mr. NICKLES. Mr. President, I ask The PRESIDING OFFICER. Is there passed, the motion to reconsider be unanimous consent the Senate proceed objection to the immediate consider- laid upon the table, and that any state- to the immediate consideration of H.R. ation of the bill? ments relating to the bill appear at 2796, which is at the desk. There being no objection, the Senate this point in the RECORD. The PRESIDING OFFICER. The proceeded to consider the bill which The PRESIDING OFFICER. Without clerk will report. had been reported from the Committee objection, it is so ordered. The legislative clerk read as follows: on the Judiciary, with an amendment

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S12712 CONGRESSIONAL RECORD — SENATE November 13, 1997 to strike all after the enacting clause substitute be agreed to, the bill be con- ‘‘(3) DEFINITION OF ‘CRIME OF VIOLENCE’.— and inserting in lieu thereof the fol- sidered a third time and passed, the For’’; and lowing: motion to reconsider be laid upon the (B) by indenting each of subparagraphs (A) and (B) 2 ems to the right. S. 191 table, and that any statements relating to the bill appear at this point in the (b) CONFORMING AMENDMENT.—Section Be it enacted by the Senate and House of Rep- 3559(c)(2)(F)(i) of title 18, United States Code, resentatives of the United States of America in RECORD. is amended by inserting ‘‘firearms possession Congress assembled, The PRESIDING OFFICER. Without (as described in section 924(c));’’ after ‘‘fire- SECTION 1. AMENDMENT TO TITLE 18, UNITED objection, it is so ordered. arms use;’’. STATES CODE. The amendment was agreed to. f (a) IN GENERAL.—Section 924(c) of title 18, The bill, S. 191, as amended, was con- United States Code, is amended— sidered read for a third time, and UNANIMOUS-CONSENT REQUEST— (1) by striking ‘‘(c)’’ and all that follows passed. S. 900 through ‘‘(2)’’ and inserting the following: S. 191 Mr. FORD. Mr. President, I ask unan- ‘‘(c) POSSESSION OF FIREARM DURING COMMIS- Be it enacted by the Senate and House of Rep- SION OF CRIME OF VIOLENCE OR DRUG TRAF- resentatives of the United States of America in imous consent the Senate proceed to FICKING CRIME.— Congress assembled, the immediate consideration of Cal- ‘‘(1) TERM OF IMPRISONMENT.— SECTION 1. AMENDMENT TO TITLE 18, UNITED endar 204, S. 900. ‘‘(A) IN GENERAL.—Except to the extent that a STATES CODE. The PRESIDING OFFICER. Is there greater minimum sentence is otherwise provided (a) IN GENERAL.—Section 924(c) of title 18, by this subsection or by any other provision of objection? United States Code, is amended— Mr. NICKLES. I object. law, any person who, during and in relation to (1) by striking ‘‘(c)’’ and all that follows any crime of violence or drug trafficking crime through ‘‘(2)’’ and inserting the following: The PRESIDING OFFICER. Objec- (including a crime of violence or drug traf- ‘‘(c) POSSESSION OF FIREARM DURING COM- tion is heard. ficking crime that provides for an enhanced MISSION OF CRIME OF VIOLENCE OR DRUG Mr. LOTT addressed the Chair. punishment if committed by the use of a deadly TRAFFICKING CRIME.— The PRESIDING OFFICER. The ma- or dangerous weapon or device) for which a per- ‘‘(1) TERM OF IMPRISONMENT.— jority leader is recognized. son may be prosecuted in a court of the United ‘‘(A) IN GENERAL.—Except to the extent States, uses or carries a firearm, or who, in fur- that a greater minimum sentence is other- f therance of any such crime, possesses a firearm, wise provided by this subsection or by any COMMENDING THE ASSISTANT shall, in addition to the punishment provided other provision of law, any person who, dur- for such crime of violence or drug trafficking ing and in relation to any crime of violence LEADERS crime— or drug trafficking crime (including a crime Mr. LOTT. Mr. President, I would ‘‘(i) be sentenced to a term of imprisonment of of violence or drug trafficking crime that like to take just a moment to thank not less than 5 years; and provides for an enhanced punishment if com- the two assistant leaders for their mitted by the use of a deadly or dangerous ‘‘(ii) if the firearm is discharged, be sentenced work. A lot of nights they are here and to a term of imprisonment of not less than 10 weapon or device) for which a person may be years. prosecuted in a court of the United States, bring everything to a conclusion. I ‘‘(B) EXCEPTION FOR CERTAIN OFFENSES.—If uses or carries a firearm, or who, in further- really enjoy working with the Senator the firearm possessed by a person convicted of a ance of any such crime, possesses a firearm, from Oklahoma. He has been a great violation of this subsection— shall, in addition to the punishment provided assistant majority leader, and he has ‘‘(i) is a short-barreled rifle, short-barreled for such crime of violence or drug trafficking done yeoman work today in making it shotgun, or semiautomatic assault weapon, the crime— possible for us to bring this session to person shall be sentenced to a term of imprison- ‘‘(i) be sentenced to a term of imprison- a conclusion. Also, the Senator from ment of not less than 10 years; and ment of not less than 5 years; and ‘‘(ii) is a machinegun or a destructive device, ‘‘(ii) if the firearm is discharged, be sen- Kentucky. I appreciate very much the or is equipped with a firearm silencer or firearm tenced to a term of imprisonment of not less way he pitches in late at night and cov- muffler, the person shall be sentenced to a term than 10 years. ers for the Democratic leader and does of imprisonment of not less than 30 years. ‘‘(B) EXCEPTION FOR CERTAIN OFFENSES.—If it always with a smile. We appreciate ‘‘(C) EXCEPTION FOR CERTAIN OFFENDERS.—In the firearm possessed by a person convicted that very much. the case of a second or subsequent conviction of a violation of this subsection— under this subsection, a person shall— ‘‘(i) is a short-barreled rifle, short-barreled f ‘‘(i) be sentenced to a term of imprisonment of shotgun, or semiautomatic assault weapon, ORDERS FOR TUESDAY, JANUARY the person shall be sentenced to a term of not less than 25 years; and 27, 1998 ‘‘(ii) if the firearm at issue is a machinegun or imprisonment of not less than 10 years; and a destructive device, or is equipped with a fire- ‘‘(ii) is a machinegun or a destructive de- Mr. LOTT. With that, Mr. President, arm silencer or firearm muffler, be sentenced to vice, or is equipped with a firearm silencer when the Senate completes its business a term of imprisonment for life. or firearm muffler, the person shall be sen- today, it will stand in adjournment ‘‘(D) PROBATION AND CONCURRENT SEN- tenced to a term of imprisonment of not less than 30 years. sine die under the provisions of Senate TENCES.—Notwithstanding any other provision Concurrent Resolution 68. The Senate of law— ‘‘(C) EXCEPTION FOR CERTAIN OFFENDERS.— ‘‘(i) a court shall not place on probation any In the case of a second or subsequent convic- will reconvene under provisions of Sen- person convicted of a violation of this sub- tion under this subsection, a person shall— ate Joint Resolution 39 at the hour of section; and ‘‘(i) be sentenced to a term of imprison- 12 noon on Tuesday, January 27. ‘‘(ii) no term of imprisonment imposed on a ment of not less than 25 years; and I ask unanimous consent that on person under this subsection shall run concur- ‘‘(ii) if the firearm at issue is a machine- Tuesday, January 27, immediately fol- gun or a destructive device, or is equipped rently with any other term of imprisonment im- lowing the prayer, the routine requests posed on the person, including any term of im- with a firearm silencer or firearm muffler, be sentenced to a term of imprisonment for life. through the morning hour be granted prisonment imposed for the crime of violence or and that I immediately be recognized drug trafficking crime during which the firearm ‘‘(D) PROBATION AND CONCURRENT SEN- was used, carried, or possessed. TENCES.—Notwithstanding any other provi- to suggest the absence of a quorum for ‘‘(2) DEFINITION OF ‘DRUG TRAFFICKING sion of law— the Senate to ascertain that a quorum ‘‘(i) a court shall not place on probation CRIME’.—’’; and is present and the Members are pre- (2) in paragraph (3)— any person convicted of a violation of this pared to begin the 2d session of the (A) by striking ‘‘(3) For’’ and inserting the subsection; and 105th Congress. following: ‘‘(ii) no term of imprisonment imposed on a person under this subsection shall run con- The PRESIDING OFFICER. Without ‘‘(3) DEFINITION OF ‘CRIME OF VIOLENCE’.— currently with any other term of imprison- objection, it is so ordered. For’’; and ment imposed on the person, including any Mr. LOTT. I further ask unanimous (B) by indenting each of subparagraphs (A) term of imprisonment imposed for the crime and (B) 2 ems to the right. consent that following the ascertaining of violence or drug trafficking crime during (b) CONFORMING AMENDMENT.—Section of a quorum, the Senate proceed to a which the firearm was used, carried, or pos- 3559(c)(2)(F)(i) of title 18, United States Code, is period of morning business not to ex- sessed. amended by inserting ‘‘firearms possession (as tend beyond of hour of 2 p.m., with ‘‘(2) DEFINITION OF ‘DRUG TRAFFICKING described in section 924(c));’’ after ‘‘firearms CRIME’.—’’; and Senators permitted to speak for up to use;’’. (2) in paragraph (3)— 10 minutes each. Mr. NICKLES. Mr. President, I ask (A) by striking ‘‘(3) For’’ and inserting the The PRESIDING OFFICER. Without unanimous consent that the committee following: objection, it is so ordered.

VerDate Mar 15 2010 22:13 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\1997SENATE\S13NO7.PT2 S13NO7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY November 13, 1997 CONGRESSIONAL RECORD — SENATE S12713 PROGRAM S. 1566 velop, or produce ballistic missiles, and to Be it enacted by the Senate and House of Rep- implement the obligations of the United Mr. LOTT. Mr. President, on Tues- States under the Chemical Weapons Conven- day, January 27, when the Senate re- resentatives of the United States of America in Congress assembled, tion. convenes the 105th Congress, second SECTION 1. SHORT TITLE. Mr. LOTT. I would now ask for its session, following a live quorum, the This Act may be cited as the ‘‘Military second reading, and I object to my own Senate will proceed to morning busi- Voting Rights Act of 1997’’. request on behalf of the other side of ness then until 2 p.m. SEC. 2. GUARANTEE OF RESIDENCY. the aisle. Tuesday night at 9 p.m. is the Presi- Article VII of the Soldiers’ and Sailors’ The PRESIDING OFFICER. Objec- dent’s State of the Union Address. Civil Relief Act of 1940 (50 U.S.C. App. 590 et tion is heard. Therefore, the Senate will reconvene seq.) is amended by adding at the end the fol- Tuesday evening at approximately 8:30 lowing: f p.m. in order to proceed as a body to ‘‘SEC. 704. (a) For purposes of voting for an CONDITIONAL ADJOURNMENT SINE office of the United States or of a State, a the Hall of the House of Representa- DIE tives to hear the address of the Presi- person who is absent from a State in compliance with military or naval orders shall not, dent. There will be no legislative busi- Mr. LOTT. Now, Mr. President, be- solely by reason of that absence— fore any other bills come to our atten- ness on the 27th except for those items ‘‘(1) be deemed to have lost a residence or that may be cleared for action by tion, I ask unanimous consent that the domicile in that State; Senate stand in adjournment sine die unanimous consent. Therefore, no ‘‘(2) be deemed to have acquired a resi- votes will occur during the session of dence or domicile in any other State; or of the 1st session of the 105th Congress the Senate on Tuesday, January 27. ‘‘(3) be deemed to have become resident in under the provisions of S. Con Res. 68 Senators should be aware that fol- or a resident of any other State. and S. J. Res. 39 until Tuesday, Janu- lowing that day, on the 28th and after, ‘‘(b) In this section, the term ‘State’ in- ary 27, 1998, provided that the House cludes a territory or possession of the United adopts S. Con. Res. 68 and does not we will be expected to call up early in States, a political subdivision of a State, ter- the session the ISTEA transportation alter the text of the State-Justice- ritory, or possession, and the District of Co- Commerce Appropriations Conference bill, juvenile justice, the nomination of lumbia.’’. Margaret Morrow, and the nomination Report. SEC. 3. STATE RESPONSIBILITY TO GUARANTEE If either action occurs, I ask unani- of Ann Aiken, both to be considered for MILITARY VOTING RIGHTS. mous consent that the Senate recon- judicial positions, and the nomination (a) REGISTRATION AND BALLOTING.—Section of Ann Aiken will be taken up prior to 102 of the Uniformed and Overseas Absentee vene on Friday, November 14, 1997, at 10 the end of the first week. Voting Act (42 U.S.C. 1973ff–1) is amended— a.m. Again, I thank my colleagues for (1) by inserting ‘‘(a) ELECTIONS FOR FED- There being no objection, at 7:56 ERAL OFFICES.—’’ before ‘‘Each State shall— p.m., the Senate adjourned sine die. their cooperation during this session of ’’; and Congress. (2) by adding at the end the following: f MILITARY VOTING RIGHTS ACT OF 1997 ‘‘(b) ELECTIONS FOR STATE AND LOCAL OF- CONFIRMATIONS Mr. LOTT. Before we conclude then, I FICES.—Each State shall— ask unanimous consent that the Sen- ‘‘(1) permit absent uniformed services vot- Executive nominations confirmed by ate now proceed to the consideration of ers to use absentee registration procedures the Senate November 13, 1997: and to vote by absentee ballot in general, EXECUTIVE OFFICE OF THE PRESIDENT S. 1566 introduced earlier today by Sen- special, primary, and runoff elections for ator THURMOND. RITA D. HAYES, OF SOUTH CAROLINA, TO BE DEPUTY State and local offices; and U.S. TRADE REPRESENTATIVE, WITH THE RANK OF AM- The PRESIDING OFFICER. The ‘‘(2) accept and process, with respect to BASSADOR. clerk will report. any election described in paragraph (1), any DEPARTMENT OF HOUSING AND URBAN The assistant legislative clerk read otherwise valid voter registration applica- DEVELOPMENT as follows: tion from an absent uniformed services voter if the application is received by the appro- GAIL W. LASTER, OF NEW YORK, TO BE GENERAL COUN- A bill (S. 1566) to amend the Soldiers’ and SEL OF THE DEPARTMENT OF HOUSING AND URBAN DE- priate State election official not less than 30 VELOPMENT Sailors’ Civil Relief Act of 1940 to protect the days before the election.’’. voting rights of military personnel, and for DEPARTMENT OF DEFENSE (b) CONFORMING AMENDMENT.—The heading other purposes. WILLIAM J. LYNN, III, OF THE DISTRICT OF COLUMBIA, for title I of such Act is amended by striking TO BE UNDER SECRETARY OF DEFENSE (COMPTROLLER). The PRESIDING OFFICER. Is there out ‘‘FOR FEDERAL OFFICE’’. objection to the immediate consider- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT f TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- ation of the bill? QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY There being no objection, the Senate MEASURE READ THE FIRST CONSTITUTED COMMITTEE OF THE SENATE. proceeded to consider the bill. TIME—H.R. 2709 DEPARTMENT OF JUSTICE Mr. LOTT. I ask unanimous consent RAYMOND C. FISHER, OF CALIFORNIA, TO BE ASSO- Mr. LOTT. I understand H.R. 2709 has CIATE ATTORNEY GENERAL. the bill be read a third time and arrived from the House, and I ask for THE JUDICIARY passed, the motion to reconsider be its first reading. LYNN S. ADELMAN, OF WISCONSIN, TO BE U.S. DISTRICT laid on the table, and any statements The PRESIDING OFFICER. The JUDGE FOR THE EASTERN DISTRICT OF WISCONSIN. relating thereto be printed in the clerk will read. NAVY RECORD. The assistant legislative clerk read THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without as follows. IN THE U.S. NAVY TO THE GRADE INDICATED UNDER objection, it is so ordered. A bill (H.R. 2709) to impose certain sanc- TITLE 10, UNITED STATES CODE, SECTION 624: The bill (S. 1566) was read the third tions on foreign persons who transfer items TO BE REAR ADMIRAL (LOWER HALF) time and passed, as follows: contributing to Iran’s efforts to acquire, de- CAPT. HENRY G. ULRICH, III, 0000.

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